The Manual of Surveying Instructionsand the Practice of Land Surveying

in South DakotaPresented by:

Jim Claflin, BLM Chief Cadastral SurveyorMontana, South Dakota and North Dakota

State Office, Billings, MTand

Bob Dahl, BLM Cadastral SurveyorDivision of Lands, Realty & Cadastral Survey

Washington, D.C.South Dakota Society of Professional Land Surveyors

2011 ConventionChamberlain, 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 theManual of Surveying Instructions?

(Manual)

Who/What is affected?

Why is the ManualRelevant 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. PropertyChapter 20. Survey Corners – Perpetuation

§ 43-20-1.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. PropertyChapter 20. Survey Corners – Perpetuation

§ 43-20-1.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. PropertyChapter 18. Land Surveys

§ 43-18-6.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. PropertyChapter 19. Township Surveys and Landmarks

§ 43-19-4.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. PropertyChapter 19. Township Surveys and Landmarks

§ 43-19-1.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. 77-61

1977 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. 89-22

1989-1990 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. 1-15.)

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 AreasManual 2009

Chapter 2How Horizontal Distances are reported on

Cadastral platsAstronomic vs Geodetic (GPS)Lines of constant bearing discussionCoordinate SystemsNSDIUse of statistical analysis of survey data

Units of MeasureManual 2009

Sections 2-41 to 2-43

Accuracy requirementsAuthorize use of feet on Cadastral platsConversions for acres, arpents, hectares and

varasU.S. Survey Foot

Limit of ClosureManual 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 CornersSection 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 ControlManual 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 SectionsManual 2009

Sections 3-118 thru 3-124

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

Figure 3-46

Riparian Presentation ChangesManual 2009 – Sections 3-158 to 3-207,

Chapter 8, and Chapters 3 & 8 NotesGreatly 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 PlatsManual 2009

Sections 9-88 to 9-102 and 10-68

In-depth and updated instructions on the preparation and use of supplemental plats.

Alaska Specific IssuesManual 2009Section 10-55

Alaska Native Village Corporations

Retracing Patented Mineral ClaimsManual 2009

Sections 10-101 to 10-231

In-depth updated instructions on the resurvey procedures for mineral surveys.

Subdivision of Section –Three-Mile Method

Manual 2009Sections 10-16 to 10-20

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 CornersManual 2009, Sections 7-41 to 7-49

What are they?What were they?

Witness CornersManual 2009Section 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 RulesCorners normally reestablished by double

proportionate measurement will be determined by extending the line through the WC at record distance.

WitnessCorner&SectionCorner

Witness Corners

Basic RulesCorners normally reestablished by single

proportionate measurement will be determined by single proportionate measurement between the WC and opposite controlling corner.

WitnessCorner&Quarter-SectionCorner

Witness Corners

Basic RulesThe 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 WitnessCorner

Controlling Intermediate CornersManual 2009

Sections 6-27 to 6-31 and 7-30What are they?

Witness CornersLine TreesWitness PointsMeander CornersState Boundary MonumentsJunior Corners

Controlling Intermediate Corners

What are they?

Closing CornersCrossing Closing CornersAngle PointsMinor Subdivisional CornersLot CornersMiles Posts

Local CornersManual 2009

Sections 6-45 to 6-49

Local Corners defined in the 2009 ManualWith a more detailed discussion regarding

acceptance or rejection of local points of control.

Added language from the 1947 and earlier Manuals.

Double Proportionate MeasurementManual 2009

Sections 7-8 & 7-9

Better definition/example of the double proportion measurement.

Discussion of cardinal equivalents.

Figure 7-1

Adjusting Meander LinesManual 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 ResurveysIrregular Township BoundariesRestoring Private Survey RecordsCompletion SurveysRetracements

Irregular Boundary Adjustment

Why do I use it?A method to deal with a material departure from

the basic original survey rulesFollowing 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

http://www.blmsurveymanual.org/

Errata

http://www.blm.gov/cadastral/Manual/nextedition.htm

http://www.blmsurveymanual.org/

http://www.glorecords.blm.gov

http://www.cfeds.org

http://www.usajobs.opm.gov/

Resources