In performing research for an upcoming presentation I am giving on Verplanck Colvin in NY, I wanted to see if anyone knew of a similar law in their state.
In essence, under the laws of NY 1895 (Chap. 589, Sec. 5) The courts of NY were instructed to accept Mr. Colvin's work as prima facie evidence of a boundaries location. This law was later repealed by Teddy Roosevelt in 1900 with the exception of this one important section.
I am aware of courts accepting individual surveys as prima facie evidence but have never seen a state law that told the courts to specifically accept a surveyor as such.
Anything similar?
Respectfully,
Jim Vianna
SHS 2016 Conference Chair
In Arkansas...the ELECTED County Surveyor:
Title 14 Local Government
Subtitle 2. County Government
Chapter 15 Officers
Subchapter 7 -- County Surveyors
A.C.A. å¤ 14-15-712 (2015)
14-15-712. Admissibility of certified copy.
A certified copy of the record of any county surveyor, under the hand of the surveyor, shall be admitted as prima facie evidence in any court of record in this state.
HISTORY: Rev. Stat., ch. 40, å¤ 14; C. & M. Dig., å¤ 1897; Pope's Dig., å¤ 2414; A.S.A. 1947, å¤ 12-1220.
DDSM:beer:
James Vianna, post: 359022, member: 120 wrote: In performing research for an upcoming presentation I am giving on Verplanck Colvin in NY, I wanted to see if anyone knew of a similar law in their state.
In essence, under the laws of NY 1895 (Chap. 589, Sec. 5) The courts of NY were instructed to accept Mr. Colvin's work as prima facie evidence of a boundaries location. This law was later repealed by Teddy Roosevelt in 1900 with the exception of this one important section.
I am aware of courts accepting individual surveys as prima facie evidence but have never seen a state law that told the courts to specifically accept a surveyor as such.
Anything similar?
Respectfully,
Jim Vianna
SHS 2016 Conference Chair
I think it's standard policy. Falls under the ancient doctrine that the King can do no wrong. On the other hand, it usually applies to original boundaries and becomes a bit murky in retracement. But if I recall correctly Colvin went to great lengths to adhere to accepted lines. Some of the best DEC surveyors (such as James Dexter) did the same, even though their authority probably would have allowed them to cause all kinds of problems (as some others have). For the rest of us in NY, we need our survey on record for 10 years to get the same treatment.
What was in the part that was repealed?
It basically abolished the "State Land Survey" and transferred its duties to the State Surveyor and Engineer.
PS you forgot Davis and King, probably the best surveyors that ever worked for the state.
