A good discussion of the Public Land Survey System (PLSS) can be found at http://www.answers.com/topic/plss. At the time of statehood the several states in the PLSS placed their previously ungranted lands in the public domain. The federal government then owned those lands and developed the PLSS to make colonization of those then wilderness lands easier.
To make the system more efficient the plan called for a minimum of field monumentation and a mathematical system of protraction for the establishment of the several internal lines and corners within the monumented polygons. Once established, although theoretical, these corners and lines cannot be changed except by what is called an Independent Resurvey by the federal government. According to http://www.blm.gov/wy/st/en/resources/public_room/cadastral/resurvey.html, this is:
“An official rerunning and remarking intended to supersede the records of the original survey and establish new section lines and subdivisions on public lands only. Any patented lands involved must be identified and segregated according to the original survey. Only remaining areas of the public lands may be resurveyed without regard to the original survey.”
Monuments and/or occupation which appear to mark the aliquot corners and lines of the PLSS and which were not set by the original PLSS survey that occurred prior to acceptance of the subject township plat by the Surveyor General probably do not mark the intended aliquot corners and lines of the PLSS. Current surveyors who find such monuments or occupation may have a case for that evidence marking the lines of ownership of their client, not the PLSS corners or lines.
Ted Madson
March 28, 2012
Ted: That is a pretty good overview of the subject, Thanks.
Most of us that are beyond the technician level should see it as rather basic, just beyond Survey 101... but I do know many disagree.
BTW:Your answers.com link lead me into a blind hole... can your provide a more specific link?
thanks
> To make the system more efficient the plan called for a minimum of field monumentation and a mathematical system of protraction for the establishment of the several internal lines and corners within the monumented polygons. Once established, although theoretical, these corners and lines cannot be changed except by what is called an Independent Resurvey by the federal government. According to http://www.blm.gov/wy/st/en/resources/public_room/cadastral/resurvey.html, this is:
>
> Monuments and/or occupation which appear to mark the aliquot corners and lines of the PLSS and which were not set by the original PLSS survey that occurred prior to acceptance of the subject township plat by the Surveyor General probably do not mark the intended aliquot corners and lines of the PLSS. Current surveyors who find such monuments or occupation may have a case for that evidence marking the lines of ownership of their client, not the PLSS corners or lines.
I sure hope you are not advocating the incorrect opinion that the protraction lines on the plat "fix" the location of the lines and corners on the ground.
Section 3-99 (2009): "Subdivision-of-section corners are generally not marked. Their positions are fixed on the plat by protraction. Their positions are fixed on the ground by the survey process."
Section 3-137 (2009): "The protracted position of the legal subdivision corner on the survey plat is merely the first step in fixing the position of a corner. The corner position is fixed by the running and marking of the lines."
Your last paragraph is troubling if read incorrectly. The last sentence of the paragraph may be correct, if and only if the first sentence is read correctly. If the monuments and occuaption occurred before the original GLO/BLM survey was accepted, then the last sentence may be true. However, if a good faith effort was employed by the claimant, those corners and lines shall stand as the true aliquot corners/lines.
Section 3-137 (2009): A decision to set aside previously fixed local survey legal subdivision corners must be supported by evidence that goes beyond mere demonstration of technical error, reasonable discrepancies between former and new measurement, and less than strict adherence to restoration and subdivision rules. Were the Federal Government obliged to open the question as to the location of a particular tract or tracts over technical differences or reasonable discrepancies, controversies would constantly arise, and resurveys and readjudication would be interminable. The law gives these activities repose.
In Florida, we have a troubling case called Rivers vs Louzeau. I remember one of the judges stating that once the quarter corners are in, the C1/4 is then fixed. Seems like that is contrary to so many other decisions around the country.
I agree with Brian.
Thomas Jefferson meant for the interior of the sections to be actually marked by humans, so that they could settle it. Once lines were established, it would be ridiculous to to keep moving them in search of a perfect theoretical math corner.
A link to Rivers v. Lozeau.
http://www1.co.weber.ut.us/rs/surveyor/S-LS-Data/Survey-laws/cases/Rivers_v_Lozeau.htm
Y'all have a great week.
The problem with parts of the Rivers decision is that it is contrary to the BLM Manual. If your state has legislated private surveyors to follow the Manual, then the incorrect portions of Rivers do not apply.
Rivers is correct in that the position of the "original" 1/4 corners do fix the position of the C1/4 (the 1/4's are the end points of the two lines), however, that is only the first step in fixing its location - once it is located on the ground in good faith its position is fixed forever, whether at the exact intersection or not.
ps - We all know that it can never be at the "exact" intersection though. Well, unless we all could hire Kent to set it for us. 😉
I disagree.
There is no expectation of absolute perfection in the law.
Besides the manual says the County or Private Surveyor was fulfilling a function contemplated by law.
In many areas it would create havoc to keep going back and resetting the 1/16th corners. Once they are established then they are the corners.
