I've been missing from action on RPLS dot com for a while, sorry folks. I got dragged out of retirement another time for a little consultation project. Otherwise, I am reasonably healthy and enjoying the retired life.
So, my question as noted in the title, I was wondering if anyone has a list or knowledge of the PLSS states that have adopted by reference the BLM Manual of Surveying Instructions in State Statues or Regulations?
I know Alaska has not, but did find web searches that Washington and New Mexico have. I have memory of quite a few other states, but if you have a list, or direct knowledge of the states you are licensed in, I would appreciate people chiming in. I am not looking for a for sure complete list, but thought I would crowd-source the knowledge pool here for gathering information.
Thanks in advance!
@norman-oklahoma thank you sir, hope you are doing well.
Montana MCA 76-3-402
The A.A.C. does reference the BLM Manual (Horizontal Control).
Idaho Code pertaining to County Surveyors
31-2709. SURVEYS MUST CONFORM TO UNITED STATES MANUAL. No surveys or resurveys hereafter made shall be considered legal evidence in any court within the state, except such surveys as are made in accordance with the United States manual of surveying instructions, the circular on restoration of lost or obliterated corners and subdivisions of sections, issued by the general land office, or by the authority of the United States, the state of Idaho, or by mutual consent of the parties.
California Business & Professions Code
8741. Qualifications for certification as a land surveyor-in-training or licensure as a professional land surveyor
(d) An applicant for licensure as a professional land surveyor shall comply with all of the following:
(5) Be thoroughly familiar with (A) the procedure and rules governing the survey of public lands as set forth in Manual of Surveying Instructions (2009), published by the federal Bureau of Land Management, and (B) the principles of real property relating to boundaries and conveyancing.
Washington Administrative Code 332-130-030
(1) The reestablishment of lost GLO or BLM corners and the subdividing of sections shall be done according to applicable GLO or BLM plats and field notes and in compliance with the rules as set forth in the appropriate GLO or BLM Manual of Surveying Instructions, manual supplements and circulars. Federal or state court decisions that influence the interpretation of the rules should be considered. Methods used for such corner reestablishment or section subdivision shall be described on the survey map produced.
@aliquot yes, that section (11 AAC 53.120 (4) allows use of a celestial observation for bearings as outlined in the BLM Manual if the survey is located more than 2 miles from existing published control. Pretty limited reference and not adoption of the Manual for survey boundary procedures. Thanks for pointing that out though, I had forgot about that reference.
§ 38-51-103. Procedure for subdividing section CO ST § 38-51-103West's Colorado Revised Statutes Annotated
Colorado refers to the Manual in its statutes.
Northern, I’m glad you’re doing well. Hang in there!
To expound on the Oregon law that Mark posted, there’s a nuance in the wording that Oregon surveyors should be aware of. The law states “with reference to” the Manual rather than “in accordance with”.
Per the web, the difference is:
In legal terms, "in accordance with" signifies compliance or conformity with a rule, law, or agreement, meaning to follow its terms and conditions. In contrast, "with reference to" indicates a connection or relationship to something, stating what something is about or relates to, without necessarily implying adherence to it
In 2007 the statute was changed to read the “current” manual, which was done in anticipation of the publishing of the 2009 manual. It had read “1973” manual prior to that. When the next BLM manual comes out we won’t have to change our wording.
This is one of those discussions that make me glad I'm retired. Some of these statutes are directed at surveyors and couldn't be held against landowners. Some of it was administrative law. Most of it badly written.
Consider this. Property boundaries were established in the distant past. Statutes that change the way records and evidence are used to determine the location of a boundary have the effect of retroactively taking land from one and giving it to another. I don't think courts will buy this even if the concept is rooted in statutory law.