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Maybe I am questioning if I am insane or not?

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(@kris-morgan)
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Thanks Duane, I need help!

So long as the land is for public good, then no. Texas put all unappropriated public land in the public school fund, thereby making it for public good.

Glad to see you're catching on.

 
Posted : September 28, 2010 5:19 pm
(@keith)
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James

Did it cite the Clement case?

 
Posted : September 28, 2010 7:02 pm
(@gunter-chain)
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Adam

Since you say it kinks the line then obviously it doesn't matter if it's a micrometer or a decimeter.

The basic problem is in the whole philosophy and approach. Seem to have forgotten that the monuments are just witnesses to the real corners and lines nearby. The monuments themselves are not the corners. As such, there is no kink created by a new monument. The only time a kink genuinely happens is when a.) some surveyor screws up and b.) subsequent people hold his screwup as gospel.

 
Posted : September 28, 2010 7:23 pm
(@a-harris)
Posts: 8761
 

A. Harris

As DJ mentions intent is probably the controlling factor of law in most instances and opens the door to the list of guidelines that have been on record for us to follow and as Kent points out were there long before anyone here began to survey. There is a long list that has constantly been recanted here and in prior discussions.

As we progress we are able to measure better and with more consistent results than ever before.

That will not change any guidelines past, present or in the future unless the courts or BOR make new guidelines and that is beyond the power of our license.

Our ability to have a forum to discuss these subjects is and acknowledged step in the right direction.

I am unable to provide proof to my past surveys that were of note on how the Federal Government made changes in monument locations along Interstate R/W lines from what was staked and inspected before building and then changed later to where monuments should have been for the reason those records are in someone else office and beyond my means to obtain. The fact remains that this was done still prevails and buildings and 100±ft tall signs being cut down at the expense of private citizens who were given certain original satisfaction they owned the property.

Among these surveys were Corp of Engineer monuments lines that were changed after flood waters reached those lands not previously obtained lands by deed and later obtained b condemnation suit to elevation boundaries causing improvements including homes to be lost. People that had been there over 20yrs had to relocate with funds that would not replace what they had to leave behind.

There are decisions made on a local level where no civil or judicial action is made because of the lack of funds to go to court and fight when mistakes are made that out of our control. The fact that being knowledgeable of these existing guidelines is what I consider most important of all.

With all these guidelines currently in place that are to be follow. I am always open to their interpretation by others.

We are not identical clones, we do not always see the same. These guidelines are still in place and rule our days. OUr individual interpretation is our own decision and what we show on our reports. Local customs of practice is also a guideline courts consider in their decisions.

 
Posted : September 28, 2010 7:28 pm
(@peter-ehlert)
Posts: 2951
 

Keith old pal, take it easy Dude!

Keith: Our lives are the ultimate reality show. This is the way it is, no more, no less.
Should Be, and Otta Be are great ideas, but we must live in the real world and adhere to the basic rules of the game.
Spend an evening watching the movie Brazil when it gets too weird for you, it works for me!

just one more reason why I became an ordained Dudeist Priest... http://dudeism.com/

 
Posted : September 28, 2010 7:49 pm
(@keith)
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Peter

Maybe some days, I just have too much fun poking liberals and surveyors who don't have a clue about the PLSS.

But Kent (the bestus instrument man here) has really given me thoughts about the PLSS that I have never thought about before.

It is just a big senior survey and all corners are equal, so all those 1/16 sec. cors. are to be accepted in place.

Whew........

Keith

 
Posted : September 28, 2010 8:01 pm
(@peter-ehlert)
Posts: 2951
 

Keith old pal, take it easy Dude!

PLSS?

Oops! I thought we were discussing the monumenting of a private land subdivision line intersection with a senior State Highway right of way line!

All Bets Are Off, New Game!

😉

PS: spend a few days at a table with astute lawyers, wealthy developers, and land development bureaucrats.... and then insist on applying the guidelines for the subdivision and replacement of federal land to the issues in developing and proving title with private land.
you will probably be asked to submit to drug testing.

 
Posted : September 28, 2010 8:15 pm
(@keith)
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Peter

Was Kent speaking of the PLSS or not?

 
Posted : September 28, 2010 8:56 pm
(@peter-ehlert)
Posts: 2951
 

Peter

frankly, I lost track

You sure have inspired some excellent writing in all of this, thanks for that!

 
Posted : September 28, 2010 9:03 pm
(@keith)
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Peter

Don't you think that is what it is all about?

Should we have some basic questions about surveying or do we post about dogs and straddling tripod legs?

Seems to me that it is productive to put out some basic questions and kick it around.

And of course I have to put up with the insults too.

Goes with the territory.

Keith

 
Posted : September 28, 2010 9:06 pm
(@peter-ehlert)
Posts: 2951
 

Peter

Yup, I have learned a lot once again.

hold on, I gotta go put some more bleach in the laundry... 😉

 
Posted : September 28, 2010 9:20 pm
(@merlin)
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Duane

First, all property lines not fenced in wire or stone are imaginary; which makes us all insane because we think as surveyors they are real. But they are real, in a legal sense, even if we can't see them.

Why didn't you include the term "blazed" or "blazed and painted"? In my opinion, blazed lines are more of a claim of ownership that fences. Fences can have many purposes whereas blaze lines have only one purpose and that is to claim ownership.

 
Posted : September 29, 2010 3:35 am
(@sean-ofarrell-3-2)
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Peter

>
>
> PS: spend a few days at a table with astute lawyers, wealthy developers, and land development bureaucrats.... and then insist on applying the guidelines for the subdivision and replacement of federal land to the issues in developing and proving title with private land.
> you will probably be asked to submit to drug testing.

Great point Sums it up perfectly, the Survey of Federal Lands and private lands in Virginia are two very different games.

 
Posted : September 29, 2010 3:38 am
 RFB
(@rfb)
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"the King can not be wrong"

I was taught something similar.

I had drawn up a survey and I had shown the right-of-way distance as 59.82', and I was blasted for it.

I'll never forget the quote from my boss, a PLS, "First the King gets his share"

If the R/W is 60 feet, it's 60', no more no less. The (private) property lines are lengthened or shortened to the R/W. Period.

If you look at some FDOT R/W maps, you will see examples of this, all day long.

Now the weasel words:
Of course, it depends on the circumstances of the individual survey and the contrary may be shown.

:coffee:

 
Posted : September 29, 2010 3:55 am
(@duane-frymire)
Posts: 1924
 

Merlin

You're right, I also forgot building walls and other assorted man made and natural features.

 
Posted : September 29, 2010 4:06 am
(@keith)
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"the King can not be wrong"

The point along has been to get somebody/anybody to post the written documentation that says the "King can not be wrong."

And a former boss is not good enough!

Keith

 
Posted : September 29, 2010 6:34 am
(@adam-salazar)
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Keith!

Are you not reading? Many have posted documentation and sources other than quotes from former bosses to elucidate their points of view.

So, in essence, what you are really saying is that Supreme Court cases and the legally accepted concept of stare decisis is not enough for you to accept the opinions of others or the opinion of the courts.

Wow! You truly epitomized the legacy of bureaucratic thought. You really don't need documentation about the King, because you are the King, and the King cannot be wrong. No wonder why most people have a disdain for bureaucracy. How many issues did you dismiss (that came across your desk at headquarters) because you were the King and you could do no wrong?

AS3

 
Posted : September 29, 2010 6:52 am
(@keith)
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Adam

Just for me, could you post a quote from that written documentation that I am missing, about the King.

You are sounding like Kent now, without a thought process and only insulting.

Keith

 
Posted : September 29, 2010 7:10 am
(@adam-salazar)
Posts: 137
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Keith

I am not your personal researcher. You can read posts on this site on this subject just like anyone else, can't you? Or, are you just choosing to ignore the information?

AS3

 
Posted : September 29, 2010 7:18 am
(@keith)
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Adam

I have yet to see written documentation posted here about the King always having record distance to the ROW line.

Sorry if you can't be of any help.

Keith

 
Posted : September 29, 2010 7:22 am
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