Common sense and politicians rarely are found in close proximity to one another. This is one of those very rare occurences.
To make these people pay for this land seems unfair to me. Since the subdivision is from the '60s the developer, title company or the land surveyor should be the ones paying this cost if they are still around.
Seems like this should fall under 36 CFR 261.10 Small Tracts Act rather than a legislative action.
This is hardly the first time bone fide rights have been established by private parties while being ignored by the BLM. No evidence of fraud I can see. It is just a human error perpetuated and acted upon by many innocent land owners.
Developer seeks and finds the cheapest surveyor in the region. He finds a blaze or stone and runs east 1320 and lays out the lots and files a plat. Then several decades later here comes the govt to exacerbate the issue, rather than find a rational solution. It just is not the same thing as squatters with no color of title.
I wonder if Title insurance would kick in and pay the fees to purchase the land ... sounds like a record deed overlap that could trigger title insurance.
No deed overlap, just misplacement of monuments resulting in occupation across the line, title is still good. Most title policies except any occupation errors that a survey might reveal. The BLM should have recognized and accepted the good faith occupation and jogged their boundary, not the section line.
jud
:good:
Good post, my thoughts exactly. Why did it have to come to some legislative action?
Smokey Bear
FYI-
Not to hijack the thread but the bear started as "Smokey Bear". The "the" was added after a known song.