Notifications
Clear all

GLO Plats - 20 year rule?

7 Posts
5 Users
0 Reactions
1 Views
(@j-penry)
Posts: 1396
Registered
Topic starter
 

This is something new to me. I am studying a Nebraska Supreme Court case that involves a fraudulent survey of a township that was never surveyed. A United States Special Examiner of Surveys is testifying and twice he mentions a 20-year rule that if a GLO plat is not challenged and 20 years passes, it stands as correct. I've always been under the impression that the plat stands as correct when the surveyor general signs off on it.

 
Posted : May 6, 2011 4:53 am
(@keith)
Posts: 2051
Registered
 

I have not heard of the "20 year rule" and BLM has considered a protest against a resurvey, regardless of time. Obviously, a protest on a resurvey that is many years old, will need sufficient reasons!

Keith

 
Posted : May 6, 2011 6:40 am
(@pablo)
Posts: 444
Registered
 

What year was the case? I would think the case was early 1900's and part of the maturation process of the PLSS and GLO.

Pablo

 
Posted : May 6, 2011 10:38 am
(@rankin_file)
Posts: 4016
 

I thought this would be a thread about how long it takes the BLM to aprove a survey and release a plat......;-)

ok
i am a bad person......

 
Posted : May 6, 2011 11:50 am
(@j-penry)
Posts: 1396
Registered
Topic starter
 

Pablo, The case was from 1911.

 
Posted : May 6, 2011 12:03 pm
(@jbstahl)
Posts: 1342
Registered
 

> This is something new to me. I am studying a Nebraska Supreme Court case that involves a fraudulent survey of a township that was never surveyed. A United States Special Examiner of Surveys is testifying and twice he mentions a 20-year rule that if a GLO plat is not challenged and 20 years passes, it stands as correct. I've always been under the impression that the plat stands as correct when the surveyor general signs off on it.

He could have been referring to the "ancient documents" exception to the hearsay rules as applied in common law.

FEDERAL RULES OF EVIDENCE
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule 901. Requirement of Authentication or Identification

(8) Ancient documents or data compilation. Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.
[note: this is the 2010 version of the rule]

After 20 years, an ancient document is considered as prima facie (or, upon first sight) evidence of its correctness without testimony to support its contents.

JBS

 
Posted : May 7, 2011 7:24 am
(@keith)
Posts: 2051
Registered
 

Thanks JB,

I have not seen that before!

Keith

 
Posted : May 7, 2011 7:37 am