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Claim gov't taken property occupied by surveyor’s mons

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(@derek-g-graham-ols-olip)
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I do not know of a similar case in Canada.

It would be good to have a follow up by the specific State's Professional Surveyor's Organization IMVHO.

http://www.charitableplanning.com/cpc_1965553-1.pdf

Cheers,

Derek

 
Posted : March 18, 2013 5:37 am
(@derek-g-graham-ols-olip)
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Looking a little further I find here : http://www.californiasurveyors.org/moncon.html

Survey Monuments are Protected by the Law

The law protects monuments which are critical to the protection of private property rights and public infrastructure of California. Below are relevant sections of law pertaining to survey monuments. Click the links below to review the laws or visit: leginfo.legislature.ca.gov

Business & Professions Code §8771
Streets & Highways §732 & §732.5, §1492.5, §1810.5
Penal Code §605
1985 BPELSG Opinion
2011 BPELSG Opinion

Was there not a 'dust up' with a 'fornia city massacring survey mons ?

Derek

 
Posted : March 18, 2013 6:18 am
(@bruce-small)
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Lengthy, but after all other arguments failed, the one that stuck was the taking of the area of the monument. Not the area encompassed by the monuments, but the actual area of the physical monument. Wow.

 
Posted : March 18, 2013 7:45 am
(@ric-moore)
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"...monuments were located as much as 2 feet below the surface of the ground..."

So, were the monuments set at the 566 foot level? Or was the ground above the monument at the 566' level?

What are the chances that anyone today would agree that whatever is marking the 566' level is still at 566'?

 
Posted : March 18, 2013 9:23 am
(@derek-g-graham-ols-olip)
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Ric-

And the NRCAN/NOAA lassies and laddies have been 'fertilizing' or stomping down the ground to get differing elevations:

http://www.nrcan.gc.ca/earth-sciences/geography-boundary/spatial-referencing/height-reference-system/conversion/5288

Cheers,

Derek

 
Posted : March 18, 2013 9:57 am