THE ELUSIVECENTER OF
THE SECTION
©
THE PUBLIC LAND SYSTEM
A 200 YEAR, 1.5 BILLION ACRE PROJECT
Initial PLSS
Framework
1784: Theory
1785: Practical “Rules”
1787: Political
PLSS LEGISLATION
The public land system, as we know it today, was created like any other piece of legislation, one piece at a time. The first three land acts laid-out the initial idea in three stages: • Concept• Practice• Revision
LAND ORDINANCE OF 1784
The New States Shall Remain Forever A Part Of The United States Of America
They Shall Bear The Same Relation To The Confederation As The Original States
They Shall Pay Their Apportionment Of The Federal Debts
They Shall, In Their Governments, Uphold Republican Forms
After The Year 1800 There Shall Be Neither Slavery Nor Involuntary Servitude In Any Of Them [deleted from final bill]
THE SEVEN RANGES
The first area to be surveyed in the PLSS
Measured 42 miles by 91 miles, along the Ohio river
U.S. government prohibited settlement by Europeans under the Proclamation Act of 1783 but widely settled by squatters
The first North/South line, known as the Eastern Ohio Meridian, was established along the western boundary of Pennsylvania
The first East/West baseline, known as Ellicott’s line, began where the Pennsylvania boundary touched the north bank of the Ohio River
LAND ORDINANCE OF 1805:THE SANCTITY OF AN ORIGINAL SURVEY
Surveyors Were Paid Little And Mistakes Today Could Be Disastrous Tomorrow
1851 Instructions to the Surveyor General of Oregon
1855 Instructions to the Surveyors General of Public Lands of the United States
1864 Instructions to the Surveyors General, Amendments to the 1855 Manual
1881 Instructions to the Commissioner of the General Land Office to the Surveyors General of the United States
1890 Manual of Surveying Instructions for the Survey of the Public Lands of the United States and Private Claims
BLM MANUALS
Issues
What constitutes the south bank of the Red River?
Where along that bank is the boundary located?
What is the proper mode of locating the boundary on the ground?
OKLAHOMA V. TEXAS 258 U.S. 574 (1922)
REGULAR QUARTER SECTIONS
According to 3-89, the quarter-quarter or sixteenth-quarter sections will be established at points midway between the section and quarter-section corners…except the last half mile of the lines closing on townships boundariesTo find the center of a regular section, use the same methods Use the east and west
¼’s to establish the E/W line
The north and south ¼’s to establish the N/S line
The center of section is located where both lines intersect
CRAGIN V. POWELL (128 U.S. 691, 1888)
THE ISSUEDuring a resurvey, should the bearing and distance control over the evidence left on-the-ground by the original surveyor