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GLO Plats - 20 year rule?

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j-penry
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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 6:53 am
Keith
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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 8:40 am
Pablo
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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 12:38 pm
rankin_file
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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 1:50 pm
j-penry
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Pablo, The case was from 1911.


 
Posted : May 6, 2011 2:03 pm

jbstahl
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> 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 9:24 am
Keith
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Thanks JB,

I have not seen that before!

Keith


 
Posted : May 7, 2011 9:37 am