The Manual of Surveying Instructions and the Practice of Land Surveying in South Dakota Presented by: Jim Claflin, BLM Chief Cadastral Surveyor Montana, South Dakota and North Dakota State Office, Billings, MT and Bob Dahl, BLM Cadastral Surveyor Division of Lands, Realty & Cadastral Survey Washington, D.C. South Dakota Society of Professional Land Surveyors 2011 Convention Chamberlain, SD – January 13 & 14, 2011 November 29, 2010

Agenda Why is the Manual relevant to the Private, County and State Surveyor in South Dakota?

Agenda How is the Manual different from the 1973 edition? Highlight of “new” issues in the 2009 edition. How is the Manual the same as the 1973 edition? Examples.

What’s Different? Removed: Obsolete subjects in the 1973 edition of the Manual have not been included in the 2009 Manual. New: Subjects not in the 1973 Manual have been added to the 2009 Manual Clarification: Subjects in the 1973 Manual have been elaborated on in the 2009 Manual

What is the Manual of Surveying Instructions? (Manual) Who/What is affected?

Why is the Manual Relevant to the Private, County and State Surveyor in South Dakota?

The Manual provides: Rules to survey the PLSS by An expression of the intent when Federal Government is grantor SD: Adoption by State legislature, administrative rule, attorney general opinion, common law, and/or common practice 2009 Manual Section 1-3

Title 43. Property Chapter 20. Survey Corners – Perpetuation § The purpose of this chapter is to protect and perpetuate public land survey corners and information by the systematic establishment of monuments and filing of information to allow the systematic location of other property corners,... SOUTH DAKOTA CODIFIED LAWS

Title 43. Property Chapter 20. Survey Corners – Perpetuation § thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located SOUTH DAKOTA CODIFIED LAWS

Title 43. Property Chapter 18. Land Surveys § The resurvey and subdivision of land by all surveyors shall be in all respects according to the laws of the United States and the instructions issued by the officers thereof in charge of the public land surveys SOUTH DAKOTA CODIFIED LAWS

Title 43. Property Chapter 19. Township Surveys and Landmarks § Lost corners shall be reestablished under the rules adopted by the general government in the survey of public lands SOUTH DAKOTA CODIFIED LAWS

Title 43. Property Chapter 19. Township Surveys and Landmarks § For surveys of townships, monuments shall be marked with the characters used and designated in United States government surveys SOUTH DAKOTA CODIFIED LAWS

Office of the Attorney General of the State of South Dakota Official Opinion No Op. Atty Gen. S.D. 140 (July 25, 1977) The State acquired title to the beds and banks up to the OHWM of that water which was navigable under the Federal test on the date of admission

Office of the Attorney General of the State of South Dakota Official Opinion No Op. Atty Gen. S.D. 75 (July 25, 1989) There are distinct Federal definitions of navigability Commerce Clause Equal footing doctrine – title to the beds Others Permissible for State’s definition of navigability in title cases, if it does not conflict with federally granted rights

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA Using Ground Penetrating Radar system to locate subsurface monuments.

Randall v. Burk Township, 4 S.D. 337 (1893) The rule is well settled that in a resurvey of land originally belonging to the United States, and which it has caused to be surveyed under its authority, such resurvey must conform to the survey made under the authority of the government SUPREME COURT OF SOUTH DAKOTA Vitrified clay tile and rebar located in road.

Hoekman v. Iowa Civil Township, 28 S.D. 206 (1911) In reestablishing lost corners, the Surveyor did not follow the rules adopted by GLO/BLM SUPREME COURT OF SOUTH DAKOTA All parties acquired title from the U.S., and own and hold their lands according to the U.S. GLO/BLM survey

Mills v. Lehmann, 28 S.D. 347 (1911) If the original corners are obliterated or lost, there are certain rules and laws prescribed by the GLO/BLM for guidance of surveyors SUPREME COURT OF SOUTH DAKOTA If the original corners are obliterated or lost, then the surveyor must follow the GLO/BLM instructions to locate/relocate

Titus v. Chapman, 687 N.W.2d 918 (S.D. 2004) Surveyor reestablished the lost corner using methods prescribed by the Manual SUPREME COURT OF SOUTH DAKOTA Surveyor subdivided the section in compliance with the Manual

Phillips v. Hink, 21 S.D. 561 (1908) The Federal law, the instructions issued by GLO relating to the subdivision of sections, and the construction placed upon them by the proper officers of the general government is binding and corners must be ascertained in conformity therewith. SUPREME COURT OF SOUTH DAKOTA

The Manual of Surveying Instructions describes how cadastral surveys are made in conformance with statutory law and its judicial interpretation. (Sec. 1-3.) The Director of the Bureau of Land Management has the authority to determine what lands are Federal interest lands, what lands have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and what are reserved. (Sec ) MANUAL

What do you mean I am not the Competent Jurisdiction?

Court of Competent Jurisdiction When is the Manual (Federal rules) applicable and when should the Surveyor look elsewhere for the governing rules (State rules), i.e., source of law question 2009 Manual Sections 1-7 & 1-7(n)

Court of Competent Jurisdiction Land Status Public Domain Land – Federal Rules Acquired Land – Federal or State Rules Non-Federal Land – State Rules 2009 Manual Sections 1-13 & 1-13(n)

Last Common Grantor Owner of land when boundary line is created –Federal – Federal Rules –Non-Federal – State Rules –Some States have adopted Federal rules for some situations Court of Competent Jurisdiction 2009 Manual Sections 1-7 & 1-7(n)

Technology Areas Manual 2009 Chapter 2 How Horizontal Distances are reported on Cadastral plats Astronomic vs Geodetic (GPS) Lines of constant bearing discussion Coordinate Systems NSDI Use of statistical analysis of survey data

Units of Measure Manual 2009 Sections 2-41 to 2-43 Accuracy requirements Authorize use of feet on Cadastral plats Conversions for acres, arpents, hectares and varas U.S. Survey Foot

Limit of Closure Manual 2009 – Original Survey Section 3-50 New maximum allowable error of closure listed in this Manual is 1/4000 of the perimeter in either latitude or departure. If original surveys do not meet this limit, corrective steps are needed to find the errors. Individual BLM state offices can adopt stricter closure limits when necessary.

Closing Corners Section 3-79 Determination of the point of intersection by calculation alone is not permissible. Once a corner is monumented at the point of intersection, without gross error, it will ordinarily be accepted as control for both lines. Subsequent technical repositioning of the line closed upon will be avoided.

Quarter Corner of Minimum Control Manual 2009 Sections 3-74 to 3-79 and 7-23 to 7-31 Now this edition of the Manual gives more consideration to corners of minimum control and more direction to the surveyor than the 1973 Manual. And reference to previously established corners of minimum control.

Fractional Sections Manual 2009 Sections thru Weighted Mean Bearing is generally the preferred method and is better defined in the 2009 Manual.

Figure 3-46

Riparian Presentation Changes Manual 2009 – Sections to 3-207, Chapter 8, and Chapters 3 & 8 Notes Greatly expands the instructions on dealing with water boundaries. Includes concepts and case studies of water boundaries in addition to a discussion of survey methods. Discusses the most relevant court cases and administrative law decisions effecting water boundaries within the PLSS.

Supplemental Plats Manual 2009 Sections 9-88 to and In-depth and updated instructions on the preparation and use of supplemental plats.

Alaska Specific Issues Manual 2009 Section Alaska Native Village Corporations

Retracing Patented Mineral Claims Manual 2009 Sections to In-depth updated instructions on the resurvey procedures for mineral surveys.

Subdivision of Section – Three-Mile Method Manual 2009 Sections to Three-Mile Method better defined in the 2009 Manual

Chapter Exercise

Closing Corners What has changed? Manual does not give positive guidance on whether to establish them. How to mark and describe them is within the discretion of the State Office Chief Cadastral Surveyor. What is important to the Manual is not "what" a corner is called but "how" it was established. The latter must be clearly stated in the record.

Closing Corners Manual 2009, Sections 7-41 to 7-49 What are they? What were they?

Witness Corners Manual 2009 Section 6-27 What are they? A witness corner is not the corner point but a witness to the true point for the corner. The corner point being witnessed is recovered when the witness corner is recovered.

Witness Corners When are they used? When the true point for a corner cannot be established or occupied. The use of Reference Monuments (RM) is strongly encouraged if possible. WCs are not to be confused with a Witness Point (WP).

Witness Corners Basic Rules Corners normally reestablished by double proportionate measurement will be determined by extending the line through the WC at record distance.

Witness Corner & Section Corner

Witness Corners Basic Rules Corners normally reestablished by single proportionate measurement will be determined by single proportionate measurement between the WC and opposite controlling corner.

Witness Corner & Quarter- Section Corner

Witness Corners Basic Rules The true point for the corner determined from an off-line witness corner will normally be fixed by record bearing and distance. Off-line WCs are normally treated like a RM, BT or BO.

Off-line Witness Corner

Controlling Intermediate Corners Manual 2009 Sections 6-27 to 6-31 and 7-30 What are they? Witness Corners Line Trees Witness Points Meander Corners State Boundary Monuments Junior Corners

Controlling Intermediate Corners What are they? Closing Corners Crossing Closing Corners Angle Points Minor Subdivisional Corners Lot Corners Miles Posts

Local Corners Manual 2009 Sections 6-45 to 6-49 Local Corners defined in the 2009 Manual With a more detailed discussion regarding acceptance or rejection of local points of control. Added language from the 1947 and earlier Manuals.

Double Proportionate Measurement Manual 2009 Sections 7-8 & 7-9 Better definition/example of the double proportion measurement. Discussion of cardinal equivalents.

Figure 7-1

Adjusting Meander Lines Manual 2009 Sections 7-53 and 8-17 to 8-20 Now referred to as Angle Points of Meander Lines. Less confusing definition of the Compass Rule Adjustment.

Irregular Boundary Adjustment Manual 2009 Sections 7-51 & 7-52 What is it? A modified form of single proportionate measurement used in restoring certain lost corners. See Errata (10/27/10).

Irregular Boundary Adjustment When do I use it? Resurveying Resurveys Irregular Township Boundaries Restoring Private Survey Records Completion Surveys Retracements

Irregular Boundary Adjustment Why do I use it? A method to deal with a material departure from the basic original survey rules Following the footsteps Restoring the resurvey record

Chapter Exercise

By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the monuments, survey plat and field notes, and the laws, regulations and rules governing how to survey the land described in the patent, are stapled to the face of the patent. The survey rules are spelled out in the manuals, circulars, instructions and regulations issued by the GLO and later by the BLM. SUMMARY

Errata

Resources