The Manual of Surveying Instructions and the Practice of Land Surveying in Montana and North Dakota Presented by: Jim Claflin, BLM Acting Chief Cadastral.

The The Manual of Surveying InstructionsManual of Surveying Instructionsand the Practice of Land Surveyingand the Practice of Land Surveying

in Montana and North Dakotain Montana and North DakotaPresented by:Presented by:

Jim Claflin, BLM Acting Chief Cadastral SurveyorJim Claflin, BLM Acting Chief Cadastral SurveyorMontana/North Dakota/South Dakota State Office, Montana/North Dakota/South Dakota State Office,

Billings, MT Billings, MT andand

Bob Dahl, BLM Cadastral SurveyorBob Dahl, BLM Cadastral SurveyorDivision of Lands, Realty & Cadastral SurveyDivision of Lands, Realty & Cadastral Survey

Washington, D.C.Washington, D.C.

Montana Association of Registered Land Surveyors andMontana Association of Registered Land Surveyors andNorth Dakota Society of Professional Land SurveyorsNorth Dakota Society of Professional Land Surveyors

Joint SeminarJoint SeminarMedora, ND - June 18, 2010Medora, ND - June 18, 2010

June 2, 2010June 2, 2010

Agenda

Why is the Manual relevant to the Private, County and State Surveyor in North Dakota

and Montana?

Agenda

How is the Manual different from the 1973 edition?

Highlight of “new” issues in the 2009 edition.

How is the Manual the same as the 1973 edition?

Examples.

What is theWhat is the

Manual of Surveying InstructionsManual of Surveying Instructions? ? (Manual)(Manual)

Who/What is affected?Who/What is affected?

Why is the ManualWhy is the Manual

Relevant to the Private, County and State Relevant to the Private, County and State Surveyor in Montana and North Dakota?Surveyor in Montana and North Dakota?

Title 76 Land Resources and UseTitle 76 Land Resources and UseChapter 3 Local Regulation of SubdivisionsChapter 3 Local Regulation of Subdivisions

Part 4 Survey RequirementsPart 4 Survey Requirements

§ 76-3-402 Survey and platting requirements for § 76-3-402 Survey and platting requirements for subdivided lands.subdivided lands.

(3) All division of sections into aliquot parts and (3) All division of sections into aliquot parts and retracement of lines must conform to the Manual of retracement of lines must conform to the Manual of

Surveying InstructionsSurveying Instructions

MONTANA STATUE LAWMONTANA STATUE LAW

Title 11 CountiesTitle 11 CountiesChapter 11-20 County SurveyorChapter 11-20 County Surveyor

§ 11-20-07 Form of surveys§ 11-20-07 Form of surveysAll surveys made by the county surveyor must be All surveys made by the county surveyor must be

made in accordance with the rules and regulations laid made in accordance with the rules and regulations laid down by the GLO Commissionerdown by the GLO Commissioner

NORTH DAKOTA STATUTE LAWNORTH DAKOTA STATUTE LAW

NDSPLS – NDSPLS – Recommended Guidelines Recommended Guidelines for the Practice of Land Surveying in for the Practice of Land Surveying in

North DakotaNorth Dakota (2001) (2001)

In the restoration of lost or obliterated corners and subdivision In the restoration of lost or obliterated corners and subdivision of sections the Land Surveyor will perform all surveys in of sections the Land Surveyor will perform all surveys in accordance with the BLM accordance with the BLM Restoration and Subdivision of Restoration and Subdivision of

SectionsSections circular circular

The procedure by which a government section is to be The procedure by which a government section is to be subdivided is set forth in the current Manual of Surveying subdivided is set forth in the current Manual of Surveying

InstructionsInstructions

NDSPLS – NDSPLS – Recommended Guidelines Recommended Guidelines for the Practice of Land Surveying in for the Practice of Land Surveying in

North DakotaNorth Dakota (2001) (2001)

Oil & Gas Well Location SurveysOil & Gas Well Location Surveys

Ascertain that the monuments used to determine section lines are the section corner monuments according to the rules as

defined by the BLM Manual of Instructions.

Administrative Rules of MontanaAdministrative Rules of Montana

Title 36: Department of Natural Resources and ConservationTitle 36: Department of Natural Resources and ConservationChapter 22: Oil and Gas ConservationChapter 22: Oil and Gas Conservation

Sub-chapter 6: Permit to DrillSub-chapter 6: Permit to Drill

36.22.602. Notice of Intention to Drill and Application for Permit to Drill.

(1) Must include a survey plat certified by a registered surveyor and showing the location of the proposed well

with reference to the nearest lines of an established public survey.

Vaught v. McClymondVaught v. McClymond, 116 Mont. 542 (1945), 116 Mont. 542 (1945)

““The survey should be made … in accordance with The survey should be made … in accordance with instructions and regulations issued … by the general instructions and regulations issued … by the general land office for the guidance of county surveyors and land office for the guidance of county surveyors and others in ascertaining boundary lines created by the others in ascertaining boundary lines created by the

government surveygovernment surveyandand

SUPREME COURT OF MONTANASUPREME COURT OF MONTANA

Vaught v. McClymondVaught v. McClymond, 116 Mont. 542 (1945), 116 Mont. 542 (1945)

SUPREME COURT OF MONTANASUPREME COURT OF MONTANA

in relocating corners or monuments theretofore in relocating corners or monuments theretofore established which may have become lost or established which may have become lost or

obliterated.”obliterated.”

SUPREME COURT OF MONTANASUPREME COURT OF MONTANAReel v. WalterReel v. Walter, 131 Mont. 382 (1957), 131 Mont. 382 (1957)

The Manual contains the proper procedure for The Manual contains the proper procedure for resurveys and subdivision of sectionsresurveys and subdivision of sections

SUPREME COURT OF MONTANASUPREME COURT OF MONTANAYellowstone Basin Properties, Inc. v. BurgessYellowstone Basin Properties, Inc. v. Burgess ,,

255 Mont. 341 (1993)255 Mont. 341 (1993)

Surveyors who comply with the Manual, and who uses Surveyors who comply with the Manual, and who uses the best evidence obtainable meets the standard of the best evidence obtainable meets the standard of

care required for Registered Land Surveyors in care required for Registered Land Surveyors in MontanaMontana

NORTH DAKOTA SUPREME COURTNORTH DAKOTA SUPREME COURTNystrom v. LeeNystrom v. Lee, 16 N.D. 561 (1907), 16 N.D. 561 (1907)

The courts of this state in the matter of restoration of The courts of this state in the matter of restoration of corners and subdivision of sections are governed by corners and subdivision of sections are governed by

the laws of the U.S., and the instructions issued by the the laws of the U.S., and the instructions issued by the officers thereof, in charge of the public land surveysofficers thereof, in charge of the public land surveys

NORTH DAKOTA SUPREME COURTNORTH DAKOTA SUPREME COURTOdegaard v. CraigOdegaard v. Craig, 171 N.W.2d 133 (N.D. 1969), 171 N.W.2d 133 (N.D. 1969)

Subdivision of section lines shall be established by a Subdivision of section lines shall be established by a survey made in accordance with § 11-20-07survey made in accordance with § 11-20-07

NORTH DAKOTA SUPREME COURTNORTH DAKOTA SUPREME COURTRadford v. JohnsonRadford v. Johnson, 8 N.D. 182 (1898), 8 N.D. 182 (1898)

The controlling law of an individual boundary will be The controlling law of an individual boundary will be that law under which that boundary was createdthat law under which that boundary was created

Federal or State?Federal or State?

NORTH DAKOTA SUPREME COURTNORTH DAKOTA SUPREME COURTPark District v. BertschPark District v. Bertsch, 152 N.W.2d 401 (N.D. 1967),, 152 N.W.2d 401 (N.D. 1967),

cert. denied, Erling v. Park Districtcert. denied, Erling v. Park District, 390 U.S. 904 , 390 U.S. 904 (1968)(1968)

Congress has confided to BLM the execution of the Congress has confided to BLM the execution of the laws which regulate the surveying, the selling, and the laws which regulate the surveying, the selling, and the

general care of the public lands; and its [survey] general care of the public lands; and its [survey] administration falls wholly and absolutely within its administration falls wholly and absolutely within its

jurisdictionjurisdiction

The Manual of Surveying Instructions describes how The Manual of Surveying Instructions describes how cadastral surveys are made in conformance with cadastral surveys are made in conformance with

statutory law and its judicial interpretation. (Sec. 1-3.)statutory law and its judicial interpretation. (Sec. 1-3.)

The Director of the Bureau of Land Management has the The Director of the Bureau of Land Management has the authority to determine what lands are Federal interest authority to determine what lands are Federal interest lands, what lands have been surveyed, what are to be lands, what lands have been surveyed, what are to be

surveyed, what have been disposed of, what remains to be surveyed, what have been disposed of, what remains to be disposed of, and what are reserved. (Sec. 1-15.)disposed of, and what are reserved. (Sec. 1-15.)

MANUALMANUAL

Technology AreasTechnology AreasManual 2009Manual 2009Chapter 2Chapter 2

How Horizontal Distances are reported on Cadastral plats

Astronomic vs Geodetic (GPS)

Lines of constant bearing discussion

Coordinate Systems

NSDI

Use of statistical analysis of survey data

Units of MeasureUnits of MeasureManual 2009Manual 2009

Secs. 2-41 to 2-43Secs. 2-41 to 2-43

Accuracy requirements

Authorize use of feet on Cadastral plats

Conversions for acres, arpents, hectares and varas

U.S. Survey Foot

Limit of ClosureLimit of ClosureManual 2009 – Original SurveyManual 2009 – Original Survey

Sec. 3-50Sec. 3-50New maximum allowable error of closure

listed in this Manual is 1/4000 of the perimeter in either latitude or departure.

If original surveys do not meet this limit, corrective steps are needed to find the errors.

Individual BLM state offices can adopt stricter closure limits when necessary.

Closing CornersClosing CornersSec. 3-79Sec. 3-79

Determination of the point of intersection by calculation alone is not permissible.

Once a corner is monumented at the point of intersection, without gross error, it will ordinarily be accepted as control for both lines.

Subsequent technical repositioning of the line closed upon will be avoided.

Quarter Corner of Minimum ControlQuarter Corner of Minimum ControlManual 2009Manual 2009

Secs. 3-74 to 3-79, and 7-23 to 7-31 Secs. 3-74 to 3-79, and 7-23 to 7-31

• Now this edition of the Manual gives more consideration to corners of minimum control and more direction to the surveyor than the 1973 Manual.

• And reference to previously established corners of minimum control.

Fractional SectionsFractional SectionsManual 2009Manual 2009

Secs. 3-118 thru 3-124Secs. 3-118 thru 3-124

Weighted Mean Bearing is generally the preferred method and is better defined in the 2009 Manual.

Figure 3-46

Riparian Presentation ChangesRiparian Presentation ChangesManual 2009 – Secs. 3-158 to 3-207, Manual 2009 – Secs. 3-158 to 3-207,

Chapter 8, and Chapter NotesChapter 8, and Chapter NotesGreatly expands the instructions on dealing

with water boundaries.

Includes concepts and case studies of water boundaries in addition to a discussion of survey methods.

Discusses the most relevant court cases and administrative law decisions effecting water boundaries within the PLSS.

Supplemental PlatsSupplemental PlatsManual 2009Manual 2009

Secs. 9-88 to 9-102, and 10-68Secs. 9-88 to 9-102, and 10-68

In-depth and updated instructions on the preparation and use of supplemental plats.

Alaska Specific IssuesAlaska Specific IssuesManual 2009Manual 2009Sec. 10-55Sec. 10-55

Alaska Native Village Corporations

Retracing Patented Mineral ClaimsRetracing Patented Mineral ClaimsManual 2009Manual 2009

Secs. 10-101 to 10-231Secs. 10-101 to 10-231

In-depth updated instructions on the resurvey procedures for mineral surveys.

Subdivision of Section –Subdivision of Section –Three-Mile MethodThree-Mile Method

Manual 2009Manual 2009Secs. 10-16 to 10-20Secs. 10-16 to 10-20

Three-Mile Method better defined in the 2009 Manual

Chapter Exercise

Closing CornersClosing Corners

What has changed?

Manual does not give positive guidance on whether to establish them.

How to mark and describe them is within the discretion of the State Office Chief Cadastral Surveyor.

What is important to the Manual is not "what" a corner is called but "how" it was established.

The latter must be clearly stated in the record.

Closing CornersClosing CornersManual 2009, Secs. 7-41 to 7-49Manual 2009, Secs. 7-41 to 7-49

What are they?What are they?

What were they?What were they?

Witness CornersWitness CornersManual 2009Manual 2009

Sec. 6-27Sec. 6-27What are they?What are they?

A witness corner is not the corner point A witness corner is not the corner point but a witness to the true point for the but a witness to the true point for the corner.corner.

The corner point being witnessed is The corner point being witnessed is recovered when the witness corner is recovered when the witness corner is recovered.recovered.

Witness CornersWitness Corners

When are they used?

When the true point for a corner cannot be established or occupied.

The use of Reference Monuments (RM) is strongly encouraged if possible.

WCs are not to be confused with a Witness Point (WP).

Witness CornersWitness Corners

Basic Rules

Corners normally reestablished by double proportionate measurement will be determined by extending the line through the WC at record distance.

WitnessCorner &SectionCorner

Witness CornersWitness Corners

Basic Rules

Corners normally reestablished by single proportionate measurement will be determined by single proportionate measurement between the WC and opposite controlling corner.

WitnessCorner &Quarter-SectionCorner

Witness CornersWitness Corners

Basic Rules

The true point for the corner determined from an off-line witness corner will normally be fixed by record bearing and distance.

Off-line WCs are normally treated like a RM, BT or BO.

Off-line WitnessCorner

Controlling Intermediate CornersControlling Intermediate CornersManual 2009Manual 2009

Secs. 6-27 to 6-31, and 7-30Secs. 6-27 to 6-31, and 7-30What are they?

Line Trees

Witness Corners

Witness Points

Meander Corners

State Boundary Monuments

Junior Corners

Controlling Intermediate CornersControlling Intermediate Corners

What are they?

Closing Corners

Crossing Closing Corners

Angle Points

Minor Subdivisional Corners

Lot Corners

Miles Posts

Local CornersLocal CornersManual 2009Manual 2009

Secs. 6-45 to 6-49Secs. 6-45 to 6-49

Local Corners defined in the 2009 Manual

With a more detailed discussion regarding acceptance or rejection of local points of control.

Added language from the 1947 and earlier Manuals.

Double Proportionate MeasurementDouble Proportionate MeasurementManual 2009Manual 2009

Secs. 7-8 & 7-9Secs. 7-8 & 7-9

Better definition/example of the double Better definition/example of the double proportion measurement.proportion measurement.

Discussion of cardinal equivalents. Discussion of cardinal equivalents.

Figure 7-1Figure 7-1

Figure 7-2Figure 7-2

Adjusting Meander LinesAdjusting Meander LinesManual 2009Manual 2009

Secs. 7-53 and 8-17 to 8-20Secs. 7-53 and 8-17 to 8-20

Now referred to as Angle Points of Meander Lines.

Less confusing definition of the Compass Rule Adjustment.

Irregular Boundary Adjustment Irregular Boundary Adjustment Manual 2009Manual 2009

Secs. 7-51 & 7-52Secs. 7-51 & 7-52

What is it?

A modified form of single proportionate measurement used in restoring certain lost corners.

Irregular Boundary AdjustmentIrregular Boundary Adjustment

When do I use it?

Resurveying Resurveys

Irregular Township Boundaries

Restoring Private Survey Records

Completion Surveys

Retracements

Irregular Boundary AdjustmentIrregular Boundary Adjustment

Why do I use it?

A method to deal with a material departure from the basic original survey rules

Following the footsteps

Restoring the resurvey record

Figure 7-8

Chapter ExerciseChapter Exercise

By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the

monuments, survey plat and field notes, and the laws, regulations and rules governing how to survey the

land described in the patent, are stapled to the face of the patent.

The survey rules are spelled out in the manuals, circulars, instructions and regulations issued by the

GLO and later by the BLM.

SUMMARY

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