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Colorado Case Law

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gromatici
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Just got licensed here.?ÿ Are there some case law I should read up on in Colorado??ÿ I'd like to familiarize myself with some specifics here.?ÿ Please email me some case law in regards boundary, water rights, and so forth.?ÿ?ÿ

?ÿ

I'm a member of the Colorado Land Surveyor's Association.?ÿ Do they have some case law posted on their website?

Thank you!?ÿ?ÿ


 
Posted : December 17, 2019 1:12 pm
WarrenWard
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Congratulations. Read CAMB Morales. Don't set pincushions. When encountering the very few very large companies who set pincushions all day long and explain that "board rule 6.5.4 and the BLM Manual requires us to set pincushions" I have proof that the board and BLM actually require the exact opposite. Have fun!


 
Posted : December 17, 2019 2:35 pm
dave-karoly
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Colorado under Boundaries:


 
Posted : December 17, 2019 5:06 pm
bill93
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Interesting several cases say courses and distances are the least reliable, and don't even mention area which sometimes occupies the bottom of the list. Also no preferences for distances over courses, which is often quoted.


 
Posted : December 17, 2019 5:15 pm
Gene Kooper
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Congrats, Gromatica on becoming licensed in the state with the most mineral surveys!?ÿ Colorado has 26,326 approved mineral surveys (don't ask how I know that).

Dave provided some interesting reading that includes CAMB v. Morales.?ÿ A recently retired attorney and surveyor, David Pehr included CAMB v. Morales in several of his continuing ed courses, labeling it as Colorado's survey "blunder rule."

Since you are a member of the PLSC I'd suggest attending the Rocky Mountain Surveyors Summit at the end of February.?ÿ In addition to garnering continuing education courses for Idaho and Nevada, Steve Parrish and I will be presenting a 2 CEU CFedS course on mineral surveys.


 
Posted : December 17, 2019 5:23 pm

WarrenWard
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Also in another case I was involved in, but not appealed thus not reported, my survey and two set monuments were the root of three lawsuits. In the first, where a neighbor moved one 5 feet, and the other was pincushioned twice, by 0.3 feet and by 0.6 feet, the jury found and the court ruled that my monument constituted the legal property corner and where my monument was before it was removed constituted the other legal property corner.

 


 
Posted : December 17, 2019 10:33 pm
dave-karoly
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@bill93

The nature of case law is that an issue has to arise for an Appellate Court to rule on it; they can't rule if it is not an issue in an actual case.  So maybe an issue involving area never made to the Appellate Level.


 
Posted : December 18, 2019 8:51 am
gromatici
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@gene-kooper

Thanks!  So that's on the calendar on PLSC?  Might be fun to bring the family as a winter vacation.  Love to visit CO!  I only found the information for 2019, but there will be one in 2020?

 

It's spelled Gromatici.  Groma = Latin Surveyor's Pole.  Gromatici = Building Surveyor during Roman times.


 
Posted : December 18, 2019 11:43 am
gromatici
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@dave-karoly

Thank you!


 
Posted : December 18, 2019 11:44 am
Gene Kooper
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I talked to the committee chair yesterday and she said the conference information will be posted on the PLSC web site "soon."

The November 2019 issue of the PLSC's professional journal Side Shots contains information on the conference.?ÿ It will be held February 26, 27 and 28, 2020.?ÿ Steve Parrish and I are a tag-team for the CFedS course that will be all day Friday.?ÿ Here's the link to the conference info:

Rocky Mountain Surveyors Summit 2020 Notice - Page 10

There is an archive of Side Shots issues back to 2006 on the PLSC web site at Side Shots Archive that you might find some interesting things to read.

Sorry about fat-fingering "Gramatica" instead of "Gramatici"

?ÿ


 
Posted : December 18, 2019 12:19 pm