I haven't posted and rarely checked in for about 18 months since I had a heart attack, apparently a mild one if that exists, and I recovered well. I retired but then unretired and have slowed down a good bit but still work alone with just my robot.
Also, I have a surveying issue I'm interested in hearing comments on:
Almost 2 years ago I did a topo survey on a 1/2 acre parcel that had been created a year before. The new boundary markers for the new parcel had been set over 28 feet off ignoring the very visible markers for the adjacent property. When I contacted the engineer who created the parcel he wouldn't respond. (Engineers are allowed to do surveying in the Virgin Islands). This engineer, besides doing this work on his own, works for the VI government as the "Public Surveyor". He reviews and must approve all recorded surveys. He "attests" all deeds before they can be recorded. Apparently to avoid a perceived conflict of interest, for the survey in question, as for his other private work, he used the stamp of another engineer. I have emails from other surveyors that all this has gone on for years and is common knowledge. There is no code of ethics for surveyors (or anyone) here, but I felt I had no choice but to file complaints against both engineers with the Board of Registration for Architects, Engineers and Land Surveyors. 8 months after I did so, the board finally discussed the matter and told me that "due to the seriousness of the allegations in the complaint, the matter was referred to the VI DOJ. The BOR could not investigate as doing so could interfere with the DOJ investigation". That was 9 months ago now. The head of the DOJ, the VI Attorney General, is appointed by the Governor, as is the Public Surveyor. So, I think any investigation is effectively quashed. The Public Surveyor continues to do private work using another's stamp. And the engineer whose stamp is being used wrote to the BOR that he was fine with his stamp being used because of the Public Surveyor's vast experience. They have no reason to change.
And another thing...
When doing research for a survey, one needs to know what previously recorded surveys might be relevant. This Public Surveyor maintains a list, a searchable database of all surveys in the VI, but won't make it available to the public. As a practical matter, it's his property for his use in his own surveying business. And just getting copies of surveys often takes weeks. Except he can get them instantly. There is no Freedom of Information Act here, although there is an Open Records Act, but to try to get it enforced my attorney tells me I need mid 5 figures to file suit.
I know the Virgin Islands doesn't have a monopoly on corruption but does anything like this happen in the 50 states?
This reminds me of many of the old Westerns. What ever the bully wants, the bully gets. Then the hero arrives, learns of how detrimental this is to everyone around and then takes out the bully. Usually with 20 bullets from a six-gun. That, of course, is not an option in the professional world.
This must be incredibly frustrating.
does anything like this happen in the 50 states?
The 50 state's land records are actually a patch work of counties. And, depending on state laws, they may or may not report records to the state.
So, it would shock me if it wasn't repeated somewhere.
my attorney tells me I need mid 5 figures to file suit.
Larry,
Do not give in to corruption. The US was founded in part because of instances you describe. You likely cannot do battle/win in local courts.
Talk to your attorney. The US Virgin Islands are subject to the US 14th Amendment to the Constitution (US Supreme Court 2015). Your rights to 'due process' and 'equal protection' appear to have been violated from what you describe. Think US District Court.
"Don't back down"
@hpalmer which 2015 SCOTUS ruling extends 14th amendment rights to residents of USVI?
@larry-best The vast majority of surveying I see (I'm talking about Oregon, not sure about other states) is excellent work. There is also a decent portion that is neither great nor objectionable. And then there is some work (just a fraction)... that usually gets 90% of the discussion! (I'll let you guess what that work is like).
Does anyone know good books about land surveying and land surveying history in the USVI? It must be fascinating working with the various early influences (French, Spanish) and the long Danish run. How often do you have to work with old records in different languages? Was there a lot of surveying in early periods? And then of course, the whole different legal system, both currently and previously.
Generally, residents of the USVI do not automatically have full constitutional rights. Not having their vote counted for President, no (voting) representation in Congress, and related issues is just the beginning of it. That said, there is a mix of federal rights and laws that do apply but it is complicated. The comment about the founding of a new country might be more on point, the USVI continues to work towards adopting a constitution (the most recent rejected by US Congress in 2010).
Wikipedia explanitory note a about USVI not being in part of US for constitutional purposes
@protracted see Obergefell v Hodges 5-4 narrow decision June 26, 2015. Dealt with Equal Protection and Marriage licenses and invalidated bans on certain groups under the Fourteenth Amendment. The plaintiff looked to and was granted relief by SCOTUS under the 14th Amendment. This was applicable to all 50 states, DC, and the Insular Areas of which USVI is a part of. Each case on its own merit. There may be other cases. If corruption is rampant, then the US District Court may be another tool to correct the problem.
@hpalmer I will not back down on this. In November I attended a Borad of Registration meeting by Zoom where I read a statement to the Board to let them know that and pleading with them to take action on the potentially criminal case. The online newspaper, the VI Source published an article on my complaint and the printed Daily News had their top reporter at the Board meeting but now they are both too scared of the Governor to say anything. Their next meeting is in 2 weeks where I'm hoping for some response. I'm considering putting this all on Facebook where I know it will get a big response.
@protracted I don't know of any book on surveying here. The oldest survey I have retraced was from just after the transfer from Denmark in 1917 ( the Coast Guard base on St. Thomas). I have had discussions explaining why the difference between Danish Acres and US Acres is irrelevant. It's only a few percent. People think that is why their land which was X Danish Acres before Y US acres was sold off isn't now X - Y acres.
Are property markers called "boundposts" anywhere else as they are here. "Hardwood Boundposts" are 4" square Lignum Vitae logs. The last a long long time. I've seen a few.
I don't think "boundpost" is a commonly used term in the N.E. states, but I don't think it would raise any eyebrows. In the north woods where the paper companies own large tracts of forest, the lot corners are often marked with cedar posts. That wood lasts a long while, but will eventually rot and the post fall over.
I looked up Lignum Vitae and among other things, it has been used to treat syphilis. Sounds like a good wood to use if it doesn't rot. Is iron commonly used for corner markers there as well? Some of our PLSS lands had partially burned wood used at section corners because that was also rot resistant.
On Friday, November 23, 2024 at 9 AM I attended a meeting by Zoom of the Board of Architects, Engineers and Land Surveyors where I read the following:
I have been working in surveying since I was in high school, 56 years ago. I care about my profession. And caring about Land Surveying includes caring about the integrity of the boundaries of real property in the Virgin Islands. In May 2023, 18 months ago I filed complaints with this Board against Mr. Callwood and Mr. Nadal documenting evidence of serious threats to those boundaries. This Board investigated and confirmed and expanded on that evidence. The Board then referred the case to the VI Department of Justice in March 2024, presumably for possible prosecution and told me that the Board could not continue any investigation until the DOJ completed its investigation. But as we all are aware, the VIDOJ, headed by District Attorneys, serially appointed by the Governor, is highly unlikely to take any action against any of the Governor's appointees. Any and all investigations are effectively quashed. If there were an investigation by the VIDOJ, I think I would have been interviewed as the primary witness to this case. This has not happened. And I fail to see why there cannot be 2 investigations at once. If in fact there is to be or is currently an investigation by the VIDOJ, then certainly the Board should at least suspend the licenses of Mr. Callwood and Mr. Nadal pending the outcome of the DOJ's investigation. 18 months after I filed complaints, I have been told that Mr. Callwood and Mr. Nadal are continuing to produce illegal land surveys that Mr. Callwood, as Public Surveyor is continuing to illegally record. I call on this Board to fulfill it's obligation to the property owners of the Virgin Islands, and take action on this matter.
A week from today, January 31, 2025 at 9:00 AM, the Board will hold it’s first meeting since then by Zoom
https://us06web.zoom.us/j/82716919531?pwd=TrvWOfU0ca2zHgRZlhU8EKxkdLftbb.1
Meeting ID: 827 1691 9531 Passcode: 370637. Registration in advance is required for the meetings. For more information, contact the DLCA at 340-714-3522 on St. Thomas. Meeting ID: 827 1691 9531 Passcocde: 370637. These meetings are subject to the Open Meeting Act. Everyone has a right to attend.
I hope to hear a response to my statement read on November 23. I urge you to attend. Every property owner in the Virgin Islands should be concerned and should attend.
Lawrence Best, Professional Land Surveyor, 649LS
Best Winters Land Surveyors Inc.
PO Box 1655
St. John VI 00831
The Marketplace Room 206
4A Enighed
St. John VI 00830
Mobile 340-626-0649
@larry-best Hope your complaint was well received by the Board this morning. I am interested to know the outcome.
It was interesting. You should have logged on. Reporters from the print and the on-line newspapers were there and about a dozen others. I think the board is finally getting worried.
@larry-best I listened to all 38+ minutes of the meeting that did not take place, did not happen. Professionals have an obligation to speak up in matters such as you described yet few do.
Will be interesting to hear how Callwood and Nadal respond.
Hope 'St Thomas Source' follows up with print version of the meeting that did not happen.
thanks for standing up to apparent corruption
Thank you for doing this. Your statement to the Board is very eloquent.
I have heard of similar abuses with regard to nominally public information, which took place in Minnesota around the 1950s. The situation had been corrected by the time I began practicing in the 1980s.
I hope you will keep the issue alive by talking to other surveyors, to property owners you know, and to professional organizations. It will probably take some time before public awareness leads to action.
I think the denial of access to public documents would be easier for the average person to understand, as compared to the technical details of faulty surveys.
@rplumb314 Every surveyor here says they agree with me but it's too dangerous for them to speak out. Same with RE agents and RE attys. There is no surveyors association. Faulty surveys is my main concern, but use of another's stamp is less subjective, more objective so seems to get the most attention.
@hpalmer In response to my complaints, Callwood ignored the issues I brought up and wrote about the arguments we have had about why it takes up to 3 years for him to record my surveys and his contention that survey maps in his office control over deeds. Nadal wrote that since Callwood has vast experience and access to all the recorded surveys, he has no problem with Callwood using his stamp.
FWIW both are PE's and therefore allowed to do land surveying in the VI.
Mr. Nadal's position is utterly indefensible. The fact that he makes it openly and unapologetically is disturbing. The fact that your board can hear it and not instantly and unanimously pull his license is even more troubling.
Thanks, hpalmer for asking.
There has been another Board Meeting where my complaints have come up. They scheduled a hearing the matter, now delayed until March 28, by Zoom. It's "disciplinary hearing" so closed to the public. (and the Press). I don't yet know if the Board, myself, my atty. or nobody will be asking questions. I walked into the Cadastral office 2 weeks ago and asked to see all the surveys recorded in the last 5 years (probably less than 1000) but was denied. I want to know how many fraudulent surveys there are. My Atty. has subpoenaed all the surveys stamped by Nadal, but as Callwood controls the Cadastral office, we're not confident of getting them. We have also subpoenaed the field notes or raw data files from both engineers. It took a while to explain to my atty. why they were important. I long ago recommended that the board get those surveys and field notes, but my emails to their atty. never got to the board members.
There is something some of you on Beerleg might be able to help me with. I'd like to have a reference to Minimum Standards, particularly for field procedures, keeping field notes, sharing information with other surveyors, and use of a stamp. Of course, there is nothing in the VI and I finally joined NSPS but can't find that on their website. I expect many states are similar.