The Surveyor and the Next Edition of the Manual of Surveying Instructions

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The Surveyor and theNext Edition of theManual
of Surveying Instructions
Presented by Bob Dahl, Cadastral Surveyor BLM
Lands and Realty Group Washington, D.C. 2005
Indiana Society of Professional Land Surveyors
Annual Convention Indianapolis, IN January 20,
2005
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Agenda

• What is the Manual of Surveying Instructions?
• Why is the Manual relevant to the RLS in
  Indiana?

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Agenda

• What is impetus for the next edition?
• Scope of the project
• Technical project nested in a web of
  administration
• What is the process?
• How are we going about it?
• Where are we to date?

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Scope of the Project
Presidents Management Agenda Department of the
Interior Bureau of Land Management Cadastral
Survey Next Edition Manual
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Bureau of Land Management
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Cadastral Presence

• At the DOI level BLM is 1 of 15 Bureaus and
  Offices
• Within BLM Cadastral is one of nearly 60
  programs

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What is the Manual of Instructions for the
Survey of the Public Lands of the United States?
(Manual)
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Why is the Manual Relevant to the RLS in Indiana?
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INDIANA STATUTES

• 25-21.5-6-1(2)
• Examination for PLS registration
• (A) test the applicants understanding,
  judgment, and ability to correctly apply
• Federal laws and regulations.
• Practices pertaining to the reestablishment of
  land boundaries.
• (B)(iv) ability to solve problems regarding the
  analysis of land survey problems.

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Title 865. State Board of Registration for Land
SurveyorsArticle 1. General ProvisionsRule 12.
Land Surveying Competent PracticeSections 2(M),
11(5), 12(a)(1), 13(15) 14(2) (3)
INDIANA ADMINISTRATIVE CODE

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IAC - Competent PracticeSections
2(M) Theory of Location means applying federal
laws
11(5) conclusions in retracement surveys apply
theory of location
12(a)(1) publication of retracement survey
results explain the theory of location applied
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IAC - Competent PracticeSections
13(15) retracement survey plats indicate the
theory of location applied

14 when conducting an original survey (2)
obtain copies of the laws regulating division of
property (3) work in accordance with standards
in section 13
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SUPREME COURT OF INDIANABailey v. Chamblin, 20
Ind. 33 (1863)
The corners originally marked, if they can be
found, whether the subdivisions contain more or
less than the legal quantity, will be
maintained. 43 USC 751.
But if a corner can not be found, then the excess
or deficiency shall be apportioned to each
subdivision contained within the boundary where
the corners are thus lost. 43 USC 752.
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SUPREME COURT OF INDIANAKeesling v. Truitt, 30
Ind. 306 (1868)
The subdivision of a section is to conform
to The Act of Congress (43 USC 753), and under
such rules and regulations prescribed by the
Secretary of the Interior in the Manual of
Surveying Instructions.
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COURT OF APPEALS OF INDIANANorth v. Jones, 53
Ind. App. 203 (1912) Rehearing denied (1913)
If the original stake set by the government
surveyor is lost, the point must be determined
from the evidence.
The regulations of the Department of the
Interior, has the force of law.
The court takes judicial notice of the rules
governing the survey of public lands.
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UNITED STATES CODETitle 43 Public Lands 2
The Secretary of the Interior or such officer as
he may designate (BLM) shall perform all
executive duties appertaining to the surveying
and sale of the public lands of the United States
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United States Supreme Court
It is settled law that the United States may
survey what it owns and thereby establish and
reestablish boundaries, but what the government
does in this regard is for its own information
and cannot affect the rights of owners on the
other side of an existing boundary. United States
v. State Investment Co., 264 U.S. 206, 212
(1924), citing Lane v. Darlington, 249 U.S. 331,
333 (1919).
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MANUALThe Manual of Surveying Instructions
describes how cadastral surveys of the public
lands are made in conformance to statutory law
and its judicial interpretation. (1973 Manual
1-1.)
It is within the province of the Director to
determine what are public lands, what lands have
been surveyed, what are to be surveyed, what have
been disposed of, what remains to be disposed of,
and what are reserved. (1973 Manual 1-11.)
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Is there still a need for the Manual?
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Next Edition Website
http//www.blm.gov/cadastral/Manual/nextedition.ht
m Contact Information Announcements Upcoming
presentations General Information
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