here's the deal.
we have govt lot x-
in 1950 US gives power co. a permit/license to use the area south and west of the dashed blue line.
1958 the US gives road easement to county for the county road shown in red.
1972 US issues patent to smoot for govt lot x subject to power co permit.
1972 smoot deeds off to yellow (deed 123/456) the yellow portion calling for the power permit limits to be the south boundary and the west'ly rw of the county road for the east boundary.
1972 smoot issues deed to yellow for all of gov't lot x west of the county rd rw except that portion conveyed in deed 123/456. (orange portion)
1973 State codifies subd. and platting act can't create a parcel without a survey.
1974 smoot gives deed micro br549 to green for the portion shown in green calling for the power line permit as the south boundary and the east edge of the co rd as the west boundary.
1974 smoot departs for warmer climes-
2005 Green's successors in interest have their parcel retraced and they are given a survey retracing the deed- not including any portion of gov't lot x south and west of the power co. permit line.
they issue quit claim deeds back and forth amongst themselves every few months, using the survey as an exhibit, for what ever reason people issue quit claim deeds in that manner. (taxman?)
county plats the portion of govt lot x lying east of co rd and south of power co permit limit as "US GOVT" -no one has paid taxes on this portion of govt lot x or the co. rd since 1974.
1 does smoot still own the portion shown in white and red?
2. Is it abandoned property, hence belonging to the state?
3. what exactly does Green&successors own?
That's a dandy. I'm going to say that no one can step up and get clear title to the white and red areas without taking action against Smoot and any other claimants to Smoot's rights in said tracts. The fact that nearly 40 years can go by with no one paying taxes on said real estate is bizarre. The County should have forced a tax sale at the very least.
I think it will be fascinating to see how the lawyers sort it out.
I think the county was confused by the whole thing and labeled it "US" because it was easier. The power company didn't help in 1990 when they put out a few docks showing various ownership and called it that also.... i'm not sure who was following who's lead there. I haven't been able to round up a copy of the plat book showing the 1970-1995 era that would maybe help some.
> I think it will be fascinating to see how the lawyers sort it out.
[sarcasm]yeah- i'm sure they'll get it straight..[/sarcasm]:-/ ..
I've decided that I'm going to
show the red and white portion on my survey as a seperate tract, calling it "UNDOCUMENTED REMAINDER"- When the planners get done flipping out, I'll ask them if they have a better idea.
I would imagine that for our purposes, we'll buy anything needed from the red and white portion from both Green and Smoot, who I've heard is still alive in another state.
