An Iowa Surveyor's Blog

Ebenezer Church

2011-04-25T21:20:00.003-05:00

A couple weeks ago I had the pleasure of helping with the Battle Flag rotation at the Capitol Building in Des Moines. The flag that had been on display the previous three months was that of the Third Iowa Cavalry Veteran Volunteers. Included within the flag’s display case were streamers representing the various engagements in which they had been involved. One such engagement being at Ebenezer Church on April 1, 1865.

My family had plans to attend the wedding of my wife’s cousin in Montgomery, Alabama, over the weekend of April 22-23. We had a few hours on Friday to spare and since the Ebenezer Church site (Stanton, AL) wasn’t too far away, we decided to make the trip over and visit the site.

So, just how was the Third Iowa Cavalry involved at Ebenezer Church? Well, the following account was taken from the Report of Col. John W. Noble, Third Iowa Cavalry, of operations March 21-April 21.

April 1, this regiment left camp at daylight, and moving at the head of our brigade and in rear of the Second Brigade, passed through Randolph at 8 a.m. going south on the road to the left of the railroad, while the Second Division (Gen. Long) advanced on the right of the railroad. Soon after leaving Randolph, Capt. Brown with his company (L) was sent to Maplesville to rejoin the regiment at Maplesville Station. Capt. Brown found Maplesville occupied by a battalion of the enemy, who resisted his progress. He charged their line and occupied the place, burning some public property, and on retiring captured the officer commanding the picket beyond. He also captured two enlisted men in the town. The result of the attack on this force was to prevent it from venturing to attack our rear when we soon after became engaged at Ebenezer Church. While halting for Company L at Maplesville Station artillery firing was heard in front, and at once moving on we soon learned that the Second Brigade, was engaged in force. This regiment was then ordered to the trot, and at this pace we came cheering on the field of battle. We came into the presence of the enemy at 3 p.m. The Second Division (Long's) was engaged on the extreme right across the Randolph road, while our Second Brigade (under Gen. Alexander) was warmly contending on the left. By immediate order of Gen. Upont I sent Company I (Capt. Arnim) to the left in line over the open fields, over which they at once charged, mounted, with carbines the plainly visible lines of the enemy extending across the railroad, being the rebel right wing. This company met the continual volleys of the enemy, who were under the immediate command of the Confederate Gen. Forrest, but the fire was returned with coolness and great effect. At the same time Company K (Capt. Honnold), and successively Companies L, M, A, B, C, D, H, E, F, G, charged the line, passing over a deep stream called Bogler's Creek, and drove the foe in complete rout, capturing on the field 250 of the enemy. Companies D and H, under Capt. Miller and Capt. Grousbeck, pressed on to Plantersville, carrying the standard of the regiment (borne by the gallant Sergeant Burns, of Company G) in advance, and drove a party of rebels from that place, where they attempted to rally. In this charge all the officers and men acted with great gallantry, striving to outdo each other in assailing their old antagonist. I think, however, Capt. Arnim, and his company (I) deserve particular mention for their gallant effort. The conduct of Sergt. John Wall, guidon bearer, of Company K, was also admirable. His company charged the line hand to hand with the rebels and this sergeant was shot in the bridle hand, the ball also striking deep into the lance of the guidon. He became the target for a line of muskets. He, however, maintained his place with the company, and, though thus wounded, captured a rebel officer in the heat of the battle. Capt. Brown is also deserving of mention for having captured a whole company, officers and men, yet armed and guns loaded, with a force less than that of the prisoners. This was the color company of one of the regiments opposing us, but the colors were secreted by them and not found. At Plantersville Companies D and H were halted, and near this place the regiment and brigade went into camp. In this engagement Lieut. Veatch, of Company I, and ten men were wounded; names given on annexed exhibit. The regiment also lost 7 horses killed and 11 wounded. There is no doubt that Gen. Forrest and his escort were put to precipitate flight in this charge of the Third Iowa Cavalry, and made to hear the shout of pursuit an triumph as they ingloriously retired. It is with peculiar satisfaction I note this fact for my command, which has marched far and labored long to match this boasting victor of the 10th of June at Guntown, Miss. Time at last has set us even with him.

Not far from the church is a small cemetery in which the Daughters of Confederacy had placed a memorial stone to honor the “Union Soldiers Lost at the Battle of Old Ebenezer Church” in 1977.

I'm still kicking

2011-04-08T20:45:00.000-05:00

Thought I'd better get on here and write something so anybody following knows I'm still alive and well.

Not much happening survey-wise. Got the occasional small jobs and a few ALTA surveys. Looking forward to some possible bigger projects coming up. At least I'm still employed.

The Department of Iowa Sons of Union Veterans of the Civil War had our annual encampment in Council Bluffs last weekend (April 2nd). I was elected Sr. Vice Commander of the Department of Iowa and also appointed Department Signals Officer. So this past week I've been busy trying to update our website (www.iowasuvcw.org) and I started a Facebook page for the Department as well (www.facebook.com/IaSUVCW).

Looking forward to several events coming up with the sesquicentennial - 150 year anniversary - commemorations of the Civil War beginning in just a few days. If you happen to be in Des Moines on Tuesday, April 12th, then stop by the Soldiers & Sailors Monument on the State Capitol grounds for our kick-off event. Several speakers including Governor Branstad, State Senator Black and National SUVCW Commander-in-Chief Brad Schall, music and maybe a cannon salute will be part of the program. Afterward at the State Historical Building they will unveil their new travelling Civil War exhibit. Should be a good time and you can see me in my honor guard uniform.

With the weather warming up I'm thinking about getting out to do some barefoot hiking this year if I can find some local hiking trails that are not paved. I've been reading The Barefoot Hiker by Richard Frazine. Sounds like a good way to burn some calories and enjoy nature.

Well, that's about all I got tonight. I'll try to find something interesting to write about next time.

Acquiescence - Fence Line

2011-02-11T20:15:00.000-06:00

Another acquiescence case in front of the Court of Appeals.

Georgia Pacific Gypsum, LLC vs. New NGC

A fence line between two properties becomes the boundary despite a survey showing the contrary.

Since 1950 NGC owned property lying South of Ricke in Webster County, Iowa. During that whole time a fence had existed between the two properties. Ricke farmed the North property up to the fence line for at least 15 years prior to Georgia-Pacific (GP) owning the land and then continued to farm it under a lease until 2003.

NGC had the South property surveyed in 2000. That survey showed the fence in question was encroaching onto the NGC property as described in their deed. NGC sent a letter to GP regarding the survey and fence location - GP did not respond.

In 2004, GP seeded the North property and began mowing to the fence line. In 2007 NGC removed the fence and GP objected. In 2009 GP goes to court seeking a boundary by acquiescence to the old fence line.

The district court found it was undisputed that the fence was in place from 1952 to 2000 when the survey was made and granted summary judgement to GP noting that:

... when the Defendant [NGC] became aware that the fence was not located on the legally described boundary, a letter was sent to the Plaintiff [GP] disputing the fence's location. In essence, the Defendant admits that prior to that time it assumed that the fence was the boundary line.

By undisputed affidavits it is clear that from 1952 to 2000 the parties on both sides of the fence mutually recognized the fence as the dividing line between them, and both parties treated the fence line as the boundary.

NGC appeals.

From the appeals court analysis:

Section 650.14 [Iowa Code] provides, "if it is found that the boundaries and corners alleged to have been recognized and acquiesced in for ten years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established." The supreme court has said:

The meaning of "acquiescence" under section 650.14 is well settled. It is the mutual recognition by two adjoining landowners for ten years or more that a line, definitely marked by fence or in some manner, is the dividing line between them. Acquiescence exists when both parties acknowledge and treat the line as the boundary. When the acquiescence persists for ten years the line becomes the true boundary even though a survey may show otherwise and even though neither party intended to claim more than called for by his deed.

Sille v. Shaffer, 297 N.W.2d 379, 381 (Iowa 1980)

The supreme court has recognized the following presumption in acquiescence cases:

The reciprocal recognition of and acquiescence in a fence as marking the boundary through occupation and exercise of exclusive dominion thereto by the respective adjoining owners for a period of 10 years raise a conclusive presumption of an agreement upon the line so marked as the boundary.

Sieck v. Anderson, 231 Iowa 490, 498 1 N.W.2d 647, 650 (1942)

The appeals court found that affidavits submitted demonstrated that both sides exclusively maintained and used the land on their respective sides of the fence. Further, NGC's recognition in 2000 that the fence was not located on the legally-described boundary did not preclude a finding that NGC acquiesced in such a boundary before that time.

The court stated that, "[GP] and its predecessor exclusively occupied and exercised dominion over the land to the north of the fence and that [NGC] was fully aware of this occupancy and exercise of dominion and never objected to it."

The appeals court affirmed the district court judgement.

ACSM Radio Hour

2011-02-01T11:17:00.000-06:00

America's Web Radio has a new program called the ACSM Radio Hour. Curt Sumner, the Executive Director of the American Congress on Surveying and Mapping (ACSM) introduced the program in its first episode.

The program is on Mondays 11am-12pm Eastern (10am-11am Central). Archived episodes are also available on the website.

In the initial program Curt and the host spoke about ACSM, what it is and what it does. He also spoke about surveying in general, the industry, public perception, history, and where we might be headed in the future. He mentioned some upcoming show topics including ALTA Surveys, FEMA Flood Mapping, control networks, historical topics, business practices and more.

While some future programs may be more geared to the surveying community, it sounds like many may also be of interest to others and anyone who may just have an interest in surveying topics.

Another Easement Along Moffitt Lake Road

2011-01-24T13:06:00.003-06:00

Last month I blogged about an easement by implication case across some land in Dallas County along Maffitt Lake Road. Well here just last week the Iowa Court of Appeals gave an opinion on a similar case just down the road.

Flinn vs. Bosch & Campbell

Here, however, the facts are a little different.

A landowner, Cramer, originally owned all the land at issue. Back in the 1970's a water company needed to gain an easement across Cramer for water pipelines and access to a facility they built on Cramer's land for a nearby development.

In 1978, Flinn began to farm the north 144 acres of Cramer's property and began using a driveway across the southern portion (also being used by the water company) of Cramer's land.

In 1984, the southern portion of Cramer's land was platted as Willow Point Subdivision. The official plat depicts an access easement across the East 30 feet of the lot even though the actual driveway being used was in a different location.

In 1985, revisions to Moffitt Lake Road required a new access point for the driveway across the lots. Since then, Flinn has continued to use this new route across the properties to access his farm.

In 1989, Cramer sold the 144 acre northern parcel to Flinn by contract. The contract included Cramer's interest in an easement for access, but the easement was not mentioned in the deed from Cramer to Flinn.

Bosch acquired Lot 4 in 2002. Bosch was aware of the easement to the water company and that Flinn was also using this driveway.

Campbell acquired Lot 3 also in 2002 and was also aware of the water company's easement and Flinn's use of their common driveway.

The water company discontinued use of their facility and water pipeline across the properties in 2007 and released their easement. The next year Bosch & Campbell sent a letter to Flinn informing him there was no easement for his continued use of the driveway (that he had been using now for more than twenty years).

It should be mentioned that within the 30 feet access easement on the east side of Lots 3 and 4 there are power poles and the old water company structure in Lot 4 (now being used by Bosch) that would make it hard to construct a new driveway there. Plus, since the construction on Moffitt Lake Road in 1985, there would not be a connection to the road available at that location due to visibility issues.

The district court ruled that Flinn had established an easement by implication and also an easement of necessity.

Without getting into specifics of the trial court's decision, the Appeals Court noted, "... we conclude the issues were thoroughly discussed and resolved by the well-written district court opinion. Because we agree with the district court's reasoning, its conclusions, and its application of the law, we affirm ..."

Charles Bent Killed (1847)

2011-01-19T08:28:00.001-06:00

Found the story below on History.com this morning. Back in 2007 I had the opportunity to go to Bent's Old Fort near La Junta, Colorado, and learn a few things. Wonderful place and I would recommend a visit there if you are in the area.

While there I was learning (and living) the duties of a Topographical Engineer during one of the park's Living History Encampments. It was a great learning experience and really a lot of fun. I posted a slideshow on YouTube of some of the pictures taken while I was there.

Anyway, the story on History.com this morning told that on this day, January 19, in 1847, Charles Bent (one of the founders of Bent's Fort along with his brother William and friend Ceran St. Vrain) was killed during a Mexican uprising in Taos after his appointment to governor of New Mexico. Here is the story as copied from History.com:

Mexican rebels kill Charles Bent

Angered by the abusive behavior of American soldiers occupying the city, Mexicans in Taos strike back by murdering the American-born New Mexican governor Charles Bent.

The eldest of four brothers who all became prominent frontiersmen, Charles Bent began his involvement with the Wild West in 1822, when he left Virginia at the age of 23 to become a trader for the Missouri Fur Company. When that company was destroyed by cutthroat competition from John Jacob Astor's powerful American Fur Company, Bent became a trader on the Santa Fe Trail. Building outlets in the Mexican cities of Santa Fe and New Mexico, and an Indian trading post on the Arkansas River called Bent's Fort (in modern-day Colorado), Bent and his business partners eventually created the largest mercantile firm in the Southwest.

Bent's financial, political, and personal interests increasingly began to center on Taos, New Mexico. In the 1830s, he moved there and married Maria Ignacia Jaramillo, a wealthy widow from a prominent Mexican family. Bent's new wife and his considerable wealth helped him win acceptance among the Mexican political elites, and he became a close associate of the New Mexican governor, Manuel Armijo. However, when war between Mexico and the U.S. broke out in 1846, Bent revealed his true colors by welcoming General Stephen Kearney's largely bloodless conquest of New Mexico with open arms. Kearney awarded Bent by appointing him to the governorship.

Kearney and most of his soldiers then moved on to take California, leaving the new governor to fend for himself, and Bent soon discovered that his behavior had earned him many enemies in Taos. Many of the Mexican families naturally resented the American conquest of their home, and the Taos Indians had long disliked Bent because of his trade relations with their northern enemies. The small force of American soldiers left behind to maintain order exacerbated the bad feelings by treating the Mexicans with undisguised contempt.

On January 19, 1847, the people of Taos struck back. A violent mob attacked a Taos home that Bent was visiting, murdered his guards, and then killed and scalped Bent. Dragging Bent's mangled body through the streets of Taos, the mob called for a full-scale rebellion against the American occupation, and by the end of the evening, 15 other Americans had been killed. Those who survived fled to Santa Fe to sound the alarm. Within two weeks, the American Colonel Sterling Price had quelled the rebellion and executed the supposed ringleaders. With the end of the Mexican War in 1848, New Mexico and all the rest of Mexico's old northern frontier became the American Southwest.

And here is the slideshow of pictures taken during the Living History event in 2007:

SLSI January Workshop

2011-01-17T09:29:00.000-06:00

If you are planning to attend the SLSI January Workshop, this is a reminder that it is this Friday, January 21st in the Scheman Center on the Iowa State University campus in Ames beginning at 8:00 am. This year's speaker is Wendy Lathrop and she will discuss the National Flood Insurance Program, flood mapping, LOMCs, and elevation certificates.

I think you can still register for the workshop by visiting the Society of Land Surveyors of Iowa website at http://www.slsi.org/.

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Coming in Febraury:

I have received notice that the NE Iowa Surveyors Workshop will be held Friday, February 11th on the Northeast Iowa Community College campus in Calmar, Iowa. Click here for registration information. There will be presentations on the Iowa-Minnesota boundary and Low Distortion Projections.

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Coming in March:

The Society of Land Surveyors of Iowa Annual Meeting is March 10-11 in Ames, Iowa. Watch the SLSI website for more information.

David Yocum 1940-2010

2010-12-28T07:38:00.000-06:00

David Yocum

June 19, 1940 - December 26, 2010

David Yocum, 70, of Fort Dodge, died December 26, 2010, at the Paula J. Baber Hospice Home.

The Mass of Christian Burial will be held 10:30 a.m. Thursday, December 30, 2010 at Sacred Heart Church with Msgr. Kevin McCoy officiating. Interment and military honors will be held in Corpus Christi Cemetery. Visitation will be held from 4:00 8:00 p.m. Wednesday, a rosary will be held at 4:30 p.m. and vigil service at 7:00 p.m., at Gunderson Funeral Home.

David Theodore Yocum, the son of Herman and Lena (Nerschle) Yocum, was born June 19, 1940 in rural Garwin, Iowa. He graduated from Zearing High School in 1958. David served in the U.S. Army from 1962-1963. He was united in marriage to Janice Kerr on June 22, 1963. Dave was employed at Southard Implement and Marshalltown Water Works before the family moved to Fort Dodge in 1967. He worked at AEI Engineer Firm for 16 years and then for MER Engineering as a licensed land surveyor.

David was a member of Holy Trinity Parish. He had a wonderful sense of humor that he kept until the very end. He will be greatly missed.

Surviving are his wife Janice of Fort Dodge, his children Troy (Odelia) Yocum of St. Paul, TX, Debra (Robb) Stewart of Pleasant Hill, IA, and their foreign exchange daughter Laura Sanjaya of Indonesia; his grandchildren Amanda, Josie, J.C., Brittene and Danelle; his brothers William (Hazel) Yocum of St. Anthony, IA, Charles (Phyllis) Yocum of Zearing, IA, and Lloyd Yocum of Mable, MN; his brothers and sisters-in-law; Nancy (Gaylon) Wunn of Gilman, IA, Sandra Kerr, Joyce Kerr, both of Denver, CO, Keith (Mary) Kerr of Marshalltown, and Brad Kerr of Kennewick, WA and his two beloved dogs Buddy and Elmo Rasch. He was preceded in death by his parents, his sister-in-law Jeanette Yocum and brother-in-law Chad Kerr.

Memorials may be directed towards the Paula J. Baber Hospice Home.

The above information was obtained from the Fort Dodge Messenger website.

David Yocum was a Life Member of the Society of Land Surveyors of Iowa.

Easement by Implication?

2010-12-27T19:04:00.000-06:00

A recent Iowa Court of Appeals opinion reviews an Easement by Implication ruling.

Gibson vs. Hatfield

In 1950 Florer purchased a property in Dallas County. In 1955 he split the property in two and sold a five acre parcel on the west side to Smith. At the time of the 1955 sale, there was a gravel driveway across part of what Florer kept that he let Smith use to access the north part of the five acre parcel (there is a wooded slope that divides the five acre parcel).

In 1956 Florer sold the remainder easterly parcel to Drew with the understanding that Drew agreed to let the neighbor to continue using the driveway although there is nothing written in the deed or anywhere in the record to indicate an easement was ever created for the driveway. Drew did let Smith and later owners of the five acre parcel use the driveway.

Gibson obtains title to the five acre parcel in 1978 and continues to use the driveway about once per week on average. Hatfield acquired the remainder parcel in 2007 and places a chain across the driveway in 2008 preventing Gibson's use of the driveway.

Hatfield testified that he made written and verbal offers to Gibson to let them continue to use the driveway provided they would make reasonable attempt to contact Hatfield first. Apparently, this did not sit well with Gibson and the case ends up in court with Gibson trying to claim an Easement by Implication.

The district court found that Gibson's preexisting use of the driveway was best termed a license rather than an easement and ruled in favor of Hatfield. I've left a little out that you can read for yourself in the opinion.

In the Appeals Court analysis they define Easement by Implication as: "An easement by implication exists when the owner of two parcels employs one so as to create a servitude on the other and then transfers one parcel without a specific grant or reservation of easement in the conveyance." When the easment is not expressly conveyed the court will use a four condition test to determine whether the parties intended to create an easement.

The four conditions considered are: (1) seperation of title; (2) a showing that, before the seperation took place, the use giving rise to the easement was so long, continued, and obvious, it was manifest the use was intended to be permanent; (3) it appears the easement is continuous rather than temporary; and (4) the easement is essential to thebeneficial enjoyment of the land granted or retained. They go on to say that when considering the fourth element, "an easement is essential when it is reasonably necessary, as distinguished from being mearly convenient."

The Appeals Court agreed with the District Court ruling that the permitted use was more of a license and that other factors in the testimony lead to the possibility that the Gibson's could do some work on their property and create a new access route to the northern part.

2011 ALTA/ACSM Land Title Survey Requirements

2010-12-13T11:28:00.000-06:00

This just in:

December 13, 2010

NSPS and ALTA Boards Approve 2011 ALTA/ACSM Land Title Survey Standards

The Board of Directors of the National Society of Professional Surveyors approved the new 2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys during its meeting in Orlando on November 15th. The new requirements were previously approved by the Board of Governors of the American Land Title Association at its October 13th meeting in San Diego.

The 2011 Minimum Standards represent the latest and 8th version of the Standards which were last revised in 2005. It is also the first major rewrite of the Standards since their initial adoption in 1962. The new Standards will become effective on February 23, 2011, at which time all previous versions will be superseded.

The ALTA/ACSM Standards are nationally recognized by title companies, surveyors, lenders and attorneys as the survey standard to rely upon in conveyances of real property when extended title insurance coverage is required by one or more of the parties.

The final, approved version of the 2011 Standards may be downloaded from the ACSM Web site at www.acsm.net under the “Standards” section, or from the ALTA Web site at www.alta.org/forms under the "Recently Approved for Final Publication” section.

Direct Links:
2011 Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys
Summary of Significant Changes

Eddyville and a Graybeard

2010-09-27T19:46:00.001-05:00

One of these days I'll get back to our travels to the BSA Jamboree. Actually, the next part will be about my two day experience being on the Surveying Merit Badge staff. This post, however, will relate to an interesting fact discovered during this past weekend in Eddyville, Iowa.

One of the goals of the Iowa Rifles is to raise money to restore Iowa Civil War monuments scattered across the state and country. Many of these monuments were built during the late 1800's and early 1900's, so consequently, many of them are falling into a state of neglect or disrepair. So far, we have been able to raise money to replace bronze plaques on an Iowa monument in Vickburg, Mississippi. We also helped the Town of Muscatine with a fundraising effort to replace a monument there. This year, we have been concentrating on a monument in the City Park in Eddyville.

The base upon which this soldier stands was originally constructed in 1866 and is inscribed with the names of area residents who served in the Civil War. Sometime in the early 1900's the soldier figure was added to the top of the base. Over the years weather and maybe a little mischief have taken its toll. As you can see in the picture above part of an arm and musket are missing as well as other damage.

The Rifles spent a good part of our Saturday at the town festival with our travelling display, a "camp" site, and a cannon. We took part in the parade and then met with visitors in the park under the monument. Unfortunately, the weather did not cooperate and the event was nearly rained out. We were able though to take in some money to aid in the restoration work.

During our time there we met several people who commented about the history of the area. Apparently, in the local cemetery there is buried a veteran from every war America has fought including a Revolutionary War Veteran. And someone mentioned that it would be worth a trip just a few miles south of town to a historical marker alongside Highway 63.

After packing up to head home, Mary & I decided to head down the highway south of town to see the historical site. The marker along the highway pointed to a gravel drive, we turned and found ...

... the gravesite of Curtis King. Decendant of Pocahontas, son of a Revolutionary War Veteran, and the oldest man to join the Union Army during the Civil War at age 80.

In 1862 at the age of 80, Curtis King enlisted with Company H, 37th Iowa Infantry - "The Graybeards" comprised of men over 45 years old. It is said that at the time of his enlistment he was blind in one eye.

When the Graybeards regiment was formed they were only to be used for guard duty and did so admirably. They did come into conflict with the enemy one time that resulted in the killing of of three of their men and wounding of others.

Curtis King served from November 9, 1862, until being discharged on March 20, 1863. He passed away that same year. At the time of his death, he was the father of 21 children, the youngest being only 15 months old at the time.

Road to the Jamboree - Part 3

2010-09-05T19:04:00.002-05:00

Monday morning we woke early and were on the way to Fredericksburg where we would stay for the next few days including our time at the Boy Scout Jamboree. We had one stop planned along the way - Monticello.

We arrived at Monticello, the home of Thomas Jefferson, our third president and a former surveyor, in time to take the first tour of the home. Unfortunatley, they don't let you take pictures inside the house, but let me tell you, it was very interesting. From the great clock in the entrance hall to the automatic doors to the wine dumbwaiter, you could tell he really made it his own.

Off the North and South sides of the main house are covered passageways dug into the mountain where the stables, kitchen, cellars, and some slave quarters were housed.

Out the West Front, there is a walking trail with some plantings of various flowers along the trail. Many of the plant varieties there today were some that Jefferson had planted in his day. Others are some of the varieties of plants that Lewis & Clark brought back from their exploration. And others were selected by the current caretakers.

South of the trail and main house is Jefferson's vegetable garden terrace where he grew 330 varieties of vegetables and herbs.

You can take the Mulberry Row walking path down the mountain past Jefferson's grave site and back to the visitor center.

Thomas Jefferson's father, Peter Jefferson, was a well known surveyor and cartographer in his day. Peter Jefferson’s more famous accomplishments included marking the location of the Fairfax line in 1746, extending in 1749 the boundary between North Carolina and Virginia, and helping produce in 1751 one of the first accurate maps of the colony of Virginia.

Thomas did a little surveying himself. In 1773 he received a commission as surveyor of Albemarle County which he only held for about a year. Most of the rest of Thomas Jefferson's surveying was done for himself. He surveyed and laid out his fields and gardens. He also surveyed the early layout of the University of Virginia, which he founded. Plus, he was instrumental in organizing the survey and sale of the public lands through the Land Ordinance of 1785 and other legislation.

Road to the Jamboree - Part 2

2010-08-21T18:50:00.001-05:00

Saturday morning we were up and ready to move on. It had been a fun couple days in Kentucky, but we still had more miles of highway and a few mountains between us and the Jamboree. We programmed Samantha to lead us to Staunton, Virginia, where we would spend the next couple nights. After a couple hours we were in West Virginia. After three or so more hours through some really beautiful mountain scenery we saw this sign.

About an hour or so later we were in Staunton. It had been a fairly warm ride. The air conditioner was having a hard time keeping us cool and there was this ... noise. Hmmm?

Anyway we found the motel, checked in and inquired about the restaurant next door - Mrs. Rowe's. Mrs. Rowe's is a nice local family diner. Good dinner and the homemade pie for dessert were just the thing to end the day. It should be noted that Mrs. Rowe's is more known for their breakfast which, unfortunately, we never stopped in to eat breakfast.

Sunday morning Mary had planned for us to attend a church service at Trinity Church in the heart of Staunton. Trinity is the oldest church in Staunton, originally founded in 1746. The present church building was constructed in 1855. It has a beautiful collection of stained glass windows, some dating to the mid-nineteenth century. Also of interest is that the church grounds was the public burial grounds until Thornrose Cemetery was opened in 1853.

After church we decided to visit the Thornrose Cemetery. Why does it seem we always make it a point to visit a cemetery someplace? Thornrose is a large, beautiful, well maintained cemetery. We followed a few of the cemetery roads and got a "feel" for the history of the area. We were heading down one road and getting ready to leave when we came upon this stone.

Jed Hotchkiss? Could it be? Born in New York, the dates seemed like they could fit. We were in the car on our way out and, since I wasn't really sure, I didn't bother to go look more closely - I wish I had. We took this quick picture and continued out. It was him.

Now, I belong to the Sons of UNION Veterans of the Civil War and really don't often offer a lot of praise to the Confederates - though they did fight for what they believed in just like the Union soldiers did. But Jedediah Hotchkiss is a very interesting figure and played an important role during the Civil War for the Confederate side.

Jed Hotchkiss was born in New York in 1828. He grew up loving to read books and studied things that interested him like botany and geology. He kept notebooks identifying trees, plants, rocks and other features of the fields and forests around him. He eventually traveled south into Virginia and the Shenandoah Valley. Still studying the world around him, he continued to keep detailed notes, sketches and records of the countryside complete with measurements, eyeing things from various angles.

Hotchkiss took on a job as private teacher which eventually led to his becoming the head of a schoolhouse, all the while continuing to learn more and more himself through self study. He studied books on geology, surveying and engineering and began making real maps of the lands around him.

Jed was married in 1853 and in the next few years he and his wife had two daughters. He continued teaching but had moved from the private school to found another academy near Staunton, Virginia. A few years later the Civil War became a reality and several students and teachers from his academy left to fight in the war leaving the school without funding. Hotchkiss suspended classes and joined the war for the South.

Hotchkiss had a desire to become a military engineer during the war, but started out driving supply wagons. A couple chance encounters led to his doing some mapping for Lt. Col. Heck and then later another chance encounter led to him working directly under Gen. Stonewall Jackson and others including Robert E. Lee.

Jed did most of his Civil War surveying and mapping on the back of his horse with a lensatic compass and aneriod barometer. Judging distances by pacing, or knowing the length of his horse's gait and using the compass to figure angles, he could map features directly or by triangulation. Using the barometer, he could estimate the altitude of various ridges and mountains. After gathering this data he could draw his maps. All the years spent in self study paid off and he made some of the most accurate and detailed maps during the war. His maps were used by Stonewall Jackson and other generals to plan and carry out several missions that resulted in many Confederate victories.

After the war, Hotchkiss returned home to Staunton and began teaching again. He also began contracting for surveying work. Soon he went to work for himself opening an engineering business in Staunton, Jed Hotchkiss Mining and Consulting Engineer. He published papers and wrote books on geology in Virginia and even speculated on some mountainland coal fields. Hotchkiss and his family lived comfortably in the post war years but he never became very wealthy. He passed away on January 17, 1899. Much of the information here about the life of Jed Hotchkiss was taken from Mapping for Stonewall by William Miller. If you are interested in viewing any of his Civil War maps, many of them are online in the Hotchkiss Map Collection of the Library of Congress.

Well, there's your history lesson for the day. Let's get back to our vacation.

After leaving the Thornrose cemetery we started back toward the hotel and lunch. However, we decided to make another stop on the way. The Frontier Culture Museum. The museum is an outdoor experience sort of like Living History farms in Des Moines, Iowa. It has two sections, one section being 1600-1700's era farms of England, Ireland, and Germany. They were also constructing an African farm while we were there. The other section is American farms of the 1700-1850's era. It was interesting to see the different farmhouse styles.

Irish Farmhouse

1850's American Farmhouse

After a hot walk around the Frontier Culture Museum, it was time for lunch and relaxing at the motel before dinner. For dinner we found this little German place south of town - The Edelweiss. Good food complete with accordion player.

Well, this blog post has been a long one. I'll continue in Part 3 with our trip to the home of the author of the Declaration of Independence. Guess what? He did a little surveying.

Road to the Jamboree - Part 1

2010-08-18T22:37:00.003-05:00

2010 marks the 100th year of the Boy Scouts of America. Mary and I loaded up the car and headed East toward Fort A.P. Hill in Virginia, the site of the National Boy Scout Jamboree. I was to serve as a day staff member helping with the NSPS Surveying Merit Badge Booth for a couple days during the Jamboree. This post will be the first in a series recording our journey and how various things we saw related to land surveying and/or the American Civil War.

On our first day of travel we left Stuart and made our way to Louisville, Kentucky, where we stayed the first night. The next morning we programmed "Samantha" (our borrowed TomTom GPS navigator - we used the Samantha voice setting) for Abraham Lincoln's Birthplace near Hodgenville. As you may know, Abraham Lincoln, our 16th President, was a surveyor in Illinois before entering politics. He was also president during the American Civil War.

Samantha guided us to Hodgenville by way of Elizabethtown. While going through Elizabethtown we stopped by the Helm Family Cemetery. This is of interest because Benjamin Hardin Helm (1831-1863) was a brother-in-law of Abraham Lincoln. Benjamin, the son of a Kentucky Governor, married Emilie Todd, Mary Todd's sister. When the Civil War broke out, Helm sided with the Confederacy and was promoted to brigadier general and given command of the 1st Kentucky "Orphan" Brigade. Helm was mortally wounded at the Battle of Chicamauga and died the following day.

We next made our way to the Abraham Lincoln Birthplace, National Historic Park. Unfortunately, the Memorial Building was closed due to renovations. There was some orange construction fence around it, so we didn't even bother to take a picture of the outside. Inside the building is a replica of the cabin in which Abraham Lincoln was supposedly born. Oh well, we did get to see the "sinking spring", the family's water spring on the property.

It is interesting to note that the Lincoln family was forced to move from the Sinking Spring Farm due to title problems and an incorrect survey of the property. The Lincolns moved a short distance away to Knob Creek, where a young Abraham nearly drowned while playing with a friend near the creek.

After leaving the Hodgenville area, we made our way to Lexington, Kentucky, where we stayed a couple nights. In Lexington, we visited the Mary Todd House. Mary Todd being the wife of Abraham Lincoln.

From our motel in Lexington, we made a short trip to Frankfort where we toured the old Kentucky Capitol Building and visited the Frankfort Cemetery where Daniel Boone (1734-1820) is buried. Daniel Boone, the famous folk hero, was a surveyor in addition to being the pioneering frontiersman for which he is most famous. Daniel Boone's grandfather, George Boone, had been a surveyor. In 1783, Daniel became deputy surveyor in what is now Fayette and Lincoln Counties in Kentucky. In Daniel Boone - Master of the Wilderness, John Bakeless mentions Daniel Boone's surveying career and notes that his maps were very detailed including nearly all the important landmarks of the area.

If you happen to find yourself in or near Lexington, Kentucky, around dinner time, Mary and I would highly recommend dinner at Halls on the River. Halls was recommended to me by a brother surveyor on a message board and we were not disappointed! We liked it so much we ate there twice. The food and service were excellent and we sat out on the deck with a beautiful view overlooking the Kentucky River.

A thank you also goes out to the service department at Rod Hatfield Chevrolet in Lexington. During the trip we had a couple issues with the car. Our first problem - an engine light came on while we were travelling between Frankfort and Lexington. Their service department was able to get us in right away and fix the problem (stuck EGR valve) so we could continue our vacation.

Check back soon for Part 2 where I will introduce you to a Civil War Topographer who made many maps used by the Confederate Army and one of our Revolutionary founding fathers who did some surveying.

Stuart's Early Bird

2010-06-21T09:37:00.007-05:00

While walking through the North Oak Cemetery in Stuart, Iowa, this past Saturday I came upon this headstone.

I found it interesting and wanted to know more about who Carl Duede was and just who were the “Early Birds”.

With the help of Google, I found http://www.earlyaviators.com/ (isn’t the internet a great thing?). The “Early Birds” were an organization of some of the very first pioneer aviators who achieved solo flight before December 17, 1916. The year 1916 was the year prior to the United States entering World War I and December 17th marking the anniversary of Orville Wright’s first flight in 1903 at Kitty Hawk.

On that very same website, I was able to find a great deal of information about Carl Duede, a lifelong resident of Stuart, Iowa.

Carl had become interested in flight while a teenage boy reading about the Wright Brother’s flight. With the help of his mother and a couple friends, he managed to build and test various gliders and balloons.

In 1913, after several flights with his glider, he designed and built a motor powered airplane. He carved out the propeller from a "2 by 4" board, using a spoke-shave and his pocket knife. He purchased an old four-cylinder car motor from a Davenport, Iowa man; and his radiator was a leaky, brass-topped affair from a Model T Ford. He used three dry cell batteries for ignition, and the gas tank had a capacity of three gallons. Carl wired together this biplane made of wood, and covered the wings and fuselage with linseed oil-coated muslin which his mother sewed on for him. The landing gear was an arrangement of three bicycle wheels with spring coiled shock absorbers. This plane would later crash into a farm fence and be dismantled and stored in a barn.

During World War I, Carl and one of his friends, Will Couch, volunteered to help instruct military pilots. After Carl's discharge as a Civilian Flight Instructor and test pilot, he received a commission as a Lieutenant in the United States Air Force Reserve; and he was a member of this reserve unit for fourteen years, giving expert advice and helping to train many a young pilot during that time.

Carl is also credited with being the first airmail pilot in Iowa. In June of 1919, Carl Duede along with George Barnett of Stuart went to Toronto, Canada, flying a second-hand biplane from there to Des Moines and then on to Guthrie Center. It was on this 53 minute trip from Des Moines to Guthrie Center that Carl flew the first airmail in Iowa carrying 100 copies of the old Des Moines Capitol newspaper.

Carl’s last flights were in 1919 due primarily to health reasons. Though that did not stop him from finding alternate ways to keep up with his passion. He built and sold gliders used in training students for exhibition flying. He wrote and published several articles for Modern Mechanics and Popular Mechanics magazines, describing how to contruct light glider planes; and his latest model of this type was flown at a Stuart Fourth of July Celebration in 1928.

The following letter, found among Carl's treasures, was written to him in August of 1954, by President Dwight D. Eisenhower:

Dear Sir: On the occasion of the Annual Meeting of the "Early Birds", I wish to express my hearty respect and admiration for the outstanding contributions which members of your organization have made to the advancement of aviation. You are the pioneers of flight, of air transportation, and of the air power that has become a strong shield of our nation. I salute your vision and your great faith in airpower and the future of our country.

Sincerely,
Dwight D. Eisenhower

Carl H. Duede passed away, September 11, 1956 at his home in which he was born August 9, 1886, in Stuart, Iowa. On the day of his burial in North Oak Grove cemetery, a squadron of National Guard Jet Fighter planes, at the speed of 700 miles an hour, streaked across the sky over Carl's last resting place, dipping their wings in final salute to this great pioneer of the air. And following them, an ancient two-seated biplane, paying farewell tribute to Stuart's one and only "Early Bird".

In 1957, Carl’s first airplane that had crashed and was stored in a barn was found by a Des Moines collector, Evert Weeks. Mr. Weeks had tracked the plane down to a barn near Stuart and made contact with Carl’s widow. Mrs. Duede gave him the plane to restore for the State of Iowa and it is now in the collection of the State Historical Building in Des Moines.

The source for the above are the following website pages which contain news articles, pictures, obituaries, and family accounts of the story of Carl Duede:

http://www.earlyaviators.com/eduede.htm

http://www.earlyaviators.com/eduede2.htm

A Barefoot Surveyor's Memorial Day Weekend

2010-06-02T12:35:00.001-05:00

Well a Saturday anyway.

On Saturday, May 29th, I was able to pay tribute to another Civil War veteran in Sioux City, Iowa, and then spend some time visiting some monuments and memorials along the way home. Here is the story:

Saturday morning we made the trip from home to the Graceland Cemetery in Sioux City. A dedication ceremony for a headstone for Civil War Veteran Daniel Houser, 7th Iowa Cavalry, was to be given by members of both the Departments of Iowa and Nebraska SUVCW. Of course, this meant that the Iowa Rifles would be present and if you've read any of my previous posts, you know that I am a member of the Rifles. Maybe you can spot me in the second picture below.

After the ceremony a clothing change was necessary and it was time to lose the period boots!

Since we were in Sioux City, we decided to visit a monument dedicated to another veteran. Sergeant Charles Floyd. Who is he you might ask? Sgt Floyd was a member of Lewis & Clark's Corps of Discovery. Unfortunately, Floyd did not live to see the end of the journey. Having become gravely ill, probably with appendicitis, he passed away August 20, 1804, at their camp near present day Sioux City.

On the way home we made a quick stop in Correctionville.

Correctionville is not a prison facility as you might guess by the name, but rather a small Iowa town so named because it sits on a public land survey system correction line.

Next on our journey we came upon the Merle D. Hay Memorial Cemetery near Glidden. Merle Hay was the first Iowan to die in World War I.

At the eastern entrance to the Merle Hay Cemetery is a very nice memorial monument placed by the Glidden American Legion Post to honor the service of those veterans buried in the cemetery.

Closer to home, we thought we'd stop at Ray Sorensen's Freedom Rock on HWY 25 just south of I-80 (towards Greenfield). This year he had a quote credited to Eleanor Roosevelt that is an excellent reminder as to what so many of our veterans paid for our freedoms and asks "Am I worth dying for?"

Thank you to all of our veterans! Let us not forget their sacrifices.

Capt. James O. Perrine

2010-05-15T10:25:00.001-05:00

WWI Veteran found on shelf 36 years after his death and cremation was finally laid to rest Friday, May 14, at the Iowa Veterans Cemetery near Van Meter.

From the Des Moines Register website:

Easement Extinguished by Adverse Possession

2010-05-12T12:28:00.000-05:00

Court of Appeals Case involving an ingress-egress easement across former railroad right-of-way in Keokuk County.

Streigle v. Sigourney Builders, Inc. (No. 9-631/08-1423)

In 1991, Streigle purchased some pastureland adjoining former railroad right-of-way and that portion of the former right-of-way that abutted the pastureland. The deed to the former right-of-way contained an ingress-egress easement across a portion of additional former railroad property lying southwest of the Streigle portion. Streigle had the dominant portion.

In 1996, Sigourney Builders, Inc. purchased the servient portion of the former railroad adjacent to Streigle. At the time, the former railroad land was overgrown and in poor condition and there was no evidence of use of the property for ingress-egress. Sigourney Builders spent money and put in sewer lines and added concrete pads for additional mobile homes to be placed on site and placed a mobile home within the former right-of-way such that any ingress-egress would be blocked.

Picture from Keokuk County GIS website

In 2007 Streigle filed a petition seeking the court to rule that Sigourney Builders's property be subject to the ingress/egress easement. Sigourney Builders counterclaimed for adverse possession.

Testimony in the district court case revealed that Streigle was aware of the work being done by Sigourney Builders and did not make any claims at the time. Further, the easement had never been used by the Streigles.

Additional testimony from a neighboring owner (since 1965) stated that the trailer park had been there for at least ten years and there had been no traffic at all on the former right-of-way.

The district court ruled that Steigle had lost the easement due to adverse possession. Steigle never used the property for ingress-egress. Sigourney Builders had open, hostile, actual, exclusive and continuous possession of the disputed portion of the former railroad right-of-way under color of title for more than ten years.

The Court of Appeals affirmed the extinguishment of the easement.

Not GPS, Not Google Earth

2010-05-11T12:04:00.002-05:00

"But it was old maps, not GPS or Google Earth, that ultimately found the common ground for the towns of St. George and neighboring Shelburne." ("Vt. towns finally settle colonial map boundaries" by Wilson Ring)

Nice story out of Vermont deals with the boundary between two colonial-era towns and the recent soultion to this 247 year old surveying problem.

From the article:

On Aug. 18, 1763, acting under the auspices of King George, then-New Hampshire Gov. Benning Wentworth granted charters for the towns of Shelburne and St. George.

Neighboring communities, including Vermont's biggest city, Burlington, had already been laid out. So Shelburne and St. George were squeezed in, their maps overlapping. There was an effort to settle the dispute in 1848, but the issue lingered.

Despite modern mapping techniques, the towns had to use the old maps, look at stone walls and rock piles and survey the area again.

Shelburne Town Manager Paul Bohne said the issue was never particularly contentious, but it did need to be settled.

"It's been fascinating to get into the history and go back to Benning Wentworth and what was in his head," Bohne said. "When all was said and done, he had given the same land to different towns."

Ticks

2010-04-27T14:27:00.001-05:00

Blacklegged (Deer) Tick

One day last week I needed to go out and visit a site we are surveying between Des Moines and Ankeny. It was a short visit to look at a couple things and make some notes about fences and corner monuments, maybe a half hour at most. Just before getting back in the truck, I noticed a tick crawling up my pants leg. I flicked it off and then saw another tick on my other leg. Okay, better check more closely. I had four ticks on me that I must have picked up walking through some long grass on the site. So, I can testify that the ticks are out this spring.

Lone Star Tick

American Dog (Wood) Tick

The above photographs were taken from the Iowa State University Entomology Image Gallery.

Here is a little PDF about the various kinds of ticks commonly found here in Iowa that I found on the internet from Iowa State University Extension site:

Ticks and Tick-borne Diseases in Iowa

Be sure to check yourself after being out in the woods or in areas of brush or long grass.

Abraham Lincoln 1809-1865

2010-04-20T13:33:00.000-05:00

Members of The Governor's Own Iowa Rifles were on hand to honor our 16th President at the annual memorial service at Lincoln's tomb in Springfield, IL. The memorial service is organized by the Sons of Union Veterans of the Civil War (SUVCW) and allied orders.

After the ceremonies I was able to visit New Salem and got a couple pictures there.

Two Surveyors in New Salem

Explaining the use of Compass & Chain

SUVCW Dept. of Iowa 2010 Encampment

2010-04-13T19:41:00.001-05:00

Thought I'd post a few pictures from my weekend.

The Governor's Own Iowa Rifles

The Department of Iowa Sons of Union Veterans of the Civil War had our annual encampment (business meeting) this past weekend, April 9-10. We had it in the historic Hoyt Sherman home in Des Moines. The Governor's Own Iowa Rifles, being the Department Color Guard, of course played a part.

Friday evening we took a "Ghost Walk" through Sherman Hill with Randa LeJeune. It was fun listening to her stories of Sherman Hill past.

Mary & I before the walk

I was elected the Department Jr. Vice Commander for 2010-2011. We have a lot to be working on as the 150th anniversary of the Civil War begins next year.

Leo Dale Wooder 1946-2010

2010-04-06T09:44:00.004-05:00

Leo Dale Wooder

September 22, 1946 to April 03, 2010

Leo Dale Wooder age 63 of Morley died Saturday April 3, 2010 at the Jones Regional Medical Center in Anamosa following a brief illness.

Services will be 10:00am Wednesday April 7, 2010 at the Goettsch Funeral Home in Anamosa. Service will be officiated by Pastor Barb Krueger and Father Phil Schmidt. Friends may call from 3 to 8 pm Tuesday April 6, 2010 at the Funeral Home in Anamosa. Internment will be at Cedar Memorial Cemetery in Cedar Rapids. Thoughts, memories and condolences may be left at http://www.goettschonline.com/.

He is survived by his wife Sue; his mother Dorothy Wooder; a son Lane Wooder of Atlanta, GA; uncle Bill Jackson and cousin Bill Jackson both of Arizona; other living relatives include mother-in-law Helen Gogel and her children and spouses and many nieces and nephews. He was preceded in death by his father George and grandparents.

Dale was born September 22, 1946 to George and Dorothy Wooder in Anamosa, Iowa. He was raised in Morley, Iowa and graduated from Anamosa High School in 1964. On October 30, 1971 he was married to Sue Gogel at Saint Isidore’s Catholic Church in Springville, Iowa. He lived his whole life in Morley, Iowa and worked as a land surveyor for several companies and for the last 24 years at Anderson-Bogert Engineers and Surveyors Inc. of Cedar Rapids, where he obtained his surveyors license.

Dale served his country honorably as a united states Army soldier. He enlisted in 1966 and was discharged in 1969 after serving a tour in Vietnam and obtaining the rank of Staff Sergeant. He served his community as a fireman, Morley city council member for 24 years, member of the Morley men’s club, assistant scout master of Troop 67. He was an avid hunter and loved the outdoors. He was a wonderful son, husband, father and friend to many and will be dearly missed by all.

The above information was obtained from the Goettsch Funeral Home website.

Surveyors, States and the History Channel

2010-04-05T07:42:00.003-05:00

Tuesday night, April 6th, the History Channel will broadcast a special program titled "How the States Got Their Shapes" at 8:00 pm Central Time.

Footage for parts of the program was taped during the 2009 Surveyors Historical Society's annual Rendezvous held last September in Cowen, West Virginia, and a couple surveyors were interviewed for the program.

In an article posted on The Journal webite, "Surveyor set to be featured on History Channel Tuesday" by Barb Miller, West Virginia land surveyor P. Duane "Doc" Brown talks about his involvement with the production.

More information about the program from the History Channel's website:

How the States Got Their Shapes
We are so familiar with the map of United States, but do we know why our states look the way they do? Every shape on the map tells a great story about our past. Why is California bent? To cling on to gold. Why does Oklahoma have a panhandle? Because of shifting borders for slavery. Why does Missouri have a boot? Because of a massive earthquake. This special examines how every state is a puzzle piece ultimately revealing the unique geography, political and social history of America.

Monument Destruction Bill - Passed

2010-03-30T07:56:00.004-05:00

House File 2473 has passed both in the House and Senate with little trouble.

This bill, which amends Section 716.6 of the Iowa Code, makes it an offense of criminal mischief in the fourth degree (a serious misdemeanor) for any person who "intentionally injures, destroys, disturbs, or removes any monument, as defined in section 355.1, placed on any tract of land, street, or highway, designating any point, course, or line on the boundary of the tract of land, street, or highway, if the monument was placed at such location by a land surveyor licensed under chapter 542B, or by any person directed by a licensed land surveyor," or "intentionally injures, destroys, disturbs, or removes any monument that has been established by the national geodetic survey, Iowa geodetic survey, or any county geographic information system for use in the determination of spatial location relative to the specified Iowa state plane coordinate system or precise elevation datum."

Of course, there are certain exclusions or exemptions for government employees. And licensed land surveyors who are "removing an existing monument in order to place an upgraded or more suitable monument in the same location," are also exempted.

History: The original bill was introduced February 17, 2010 in the House. The bill passed (97-1) the House on March 2, 2010. It then went to the Senate where it was amended concerning the definition of monument and passed (50-0) on March 17th. The bill went back to the House for a vote on the new language and passed (99-0) on March 23rd.

Click here for a PDF version of the enrolled bill.

Surveyor Announces Bid for State Rep. Seat

2010-03-19T07:35:00.007-05:00

John Wittneben, owner of Wittneben Surveying, Inc. in Estherville, announced that he will seek election as state representative in House District 7.

Click here for article posted on Estherville Daily News website.

Wittneben owns his own land surveying company and has previously worked for Jacobson-Westergard & Associates in Estherville. He serves on the Estherville City Council and was the Estherville Chamber Citizen of the Year in 2007.

He is a member of the Estherville Rotary, Friends of Fort Defiance, the Good Samaritan Citizen Advisory Board, and the Society of Land Surveyors of Iowa.

Wittneben grew up in Estherville and received his associates degree in pre-engineering from Iowa Lakes Community College. He also attended Iowa State University.

Good luck, John!

FEMA Flood Mapping - NBC News

2010-03-16T18:24:00.001-05:00

As reported on the NBC Nightly News:

Visit msnbc.com for breaking news, world news, and news about the economy

Monument Destruction Bill - Progress

2010-03-16T09:07:00.002-05:00

The Monument Destruction Bill (HF 2473) was passed in the House on March 2nd with a vote of 97-1. The bill was then sent to the Senate for their consideration.

In the Senate, the bill has been amended (SA 5208) to strike the general term "marker" and replace it with the phrase "monument, as defined in section 355.1" or just "monument."

As of March 11th, the bill sits on the unfinished business calendar in the Senate.

Appeals Court Opinions This Week

2010-02-24T12:54:00.004-06:00

No monumental court cases here, but a couple that may be of interest to some.

Alamakee County v. Schaumberg (No. 9-650/09-0082)

Apparently Schaumberg didn't like the response from the Allamakee County building & zoning department concerning his corner lot and building setbacks. Unfortunately for him, the appeals court sided with the district court. Case involves a corner lot adjoining two private roads (cul-de-sacs) and a thrity feet side yard setback.

Moss v. Krause (No. 0-017/09-1158)

Moss had issues with Krause not gaining approval from the homeowner's association before trying to subdivide his previous lot consolidation. Krause had previously consolidated three and one half lots into a single lot (one house) then later wanted to resubdivide them into three lots. The Declaration of Covenants specified that the declarant or subsequent homeowner association had to give approval before such action could be taken.

House File 2473 - Monument Destruction/Removal

2010-02-18T12:53:00.003-06:00

House File 2473 was introduced Febuary 17th.

This bill adds intentionally injuring, destroying disturbing, or removing monuments/markers placed by land surveyors or federal/county/state survey or GIS departments to the definition of criminal mischief in the fourth degree (a serious misdemeanor) in Seciton 716.6 of the Iowa Code.

A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $315 but not more than $1,875.

Of course, surveyors removing monuments in order to upgrade them or place a more suitable monument in the same location are exempted.

You can view and print a PDF version the bill by clicking here.

Shrubs and Trees Do Not Equal Property Line

2010-02-15T13:12:00.002-06:00

The appeals court last week also gave an opinion on an acquiescence case coming out of Menlo (Guthrie v. Jones, No. 9-928/09-0443).

Guthrie and Jones are abutting owners. On one side of the properties was a line of shrubs and trees. In 2007, Jones had their property surveyed and the surveyed property line came to be ten feet west of the shurb/tree line. Guthrie sued to have the actual property line established at the shurb/tree line. The district court concluded that Guthrie did not prove acquiescence. Guthrie appealed.

Citing a few former cases, the appeals court sided with the district court in that Guthrie did not prove acquiscence.

The courts determined that Jones and family did not consent to the shurb/tree boundary for the requisite ten years.

Easement Appeal

2010-02-15T13:05:00.001-06:00

Last week the Iowa Court of Appeals released an opinion on a case involving a driveway easement between two residential properties in West Des Moines (Kersey v. Babich, No. 9-790/08-1556).

Kersey and Babich are adjacent homeowners. A driveway located on Kersey’s property provided access to garages of both property owners. Both owners purchased their lots subject to a “Drive and Landscaping Easement,” executed by previous owners, to the grantee (now Babich) over the westernmost thirty feet of the grantor’s (now Kersey’s) lot. The easement document defined driveway purposes as a residential driveway to serve the garage which is located on the grantee’s property. The grantee was also responsible for maintaining the driveway and landscaping around it.

Problems arose when Babich allowed friends, relatives and maintenance workers to use this driveway to the dismay of Kersey. Also, a tree had somehow become injured along the driveway. Kersey sued requesting the court to restrict the use of the driveway and require Babich to maintain it.

The district court concluded that Babich and his friends, relatives and agents had the right to use the driveway to gain access to the residence and garage and that Babich was required to maintain the tree canopy to a specific height of ten feet and the width of the driveway at ten feet.

Kersey appeals contending the easement language unambiguously limited Babich’s use of the driveway to himself and to serving the garage. The district court thought the language was ambiguous and subject to interpretation.

The appeals court, citing several former cases, determined the district court’s interpretation was consistent with the undisputed extrinsic evidence showing Babich’s expansive use for more than a decade. The disctict court’s interpretation was also consistent with the absence of limiting language in the easement. The appeals court upheld the district courts ruling regarding the use of the driveway.

Both parties took issue with the height and width requirements imposed by the district court. Stating that the easement was silent with respect to those particular dimensions, the appeals court determined that the dimensional requirements were satisfactory and were also upheld.

Lincoln's Birthday

2010-02-13T18:18:00.003-06:00

I was able to take part in the Abraham Lincoln birthday celebration at the State Historical Building this past Friday (Feb. 12, 2010). Thought I'd share a picture.

I am a member of "The Iowa Rifles," a Sons of Veterans Reserve (SVR) Civil War Honor Color Guard.

Dodds on eBay

2010-01-20T16:29:00.004-06:00

Found somebody selling an original Dodds "Original Instructions Governing Public Land Surveys" book on eBay. Seems a little pricy. I think you can get a reprint through SLSI for less.

I see that they accepted a Best Offer of $110.

Private Condemnation

2010-01-10T15:05:00.005-06:00

This past week the Iowa Supreme Court ruled on a case involving private condemnation in Dubuque County (Green v. Wilderness Ridge, etal, No. 08-1009).

The case concerned access to a landlocked parcel of ground. In 2006, Wilderness Ridge, L.L.C., purchased seventy-five acres of rural recreational/hunting land that was inaccessible by public roads or private easements. Wilderness Ridge then began the process of private condemnation for a strip of land (the "southern route") across a dairy farm owned by Green.

Green filed petition arguing this southern route was not the "nearest feasible route" to an existing road as required by statute and would unreasonably impact the operation of their farm. They claimed a northern route was much shorter to a public road (Dudley Lane).

During the district court case, several witness were heard from stating the feasibility of each route. In particular, the question of whether Dudley Lane was in fact a physical and usable road was considered important. The county engineer testified that Dudley Lane was classified as a level "B" road that had not been maintained for decades and no longer physically existed. Plus, according to another engineer/surveyor, construction of the southern route would be more feasible as it was generally flat whereas the northern route had "substantial elevation changes and dense timber coverage."

The district court sided with Wilderness Ridge concluding that Dudley Lane was not an existing public roadway. They also determined that the impact of condemnation and cost could not be considered in selecting the condemnation route. Green appealed.

In the ruling the Supreme Court stated the following from the Iowa Code (Section 6A.4(2)):

The condemned public way shall be located on a division, subdivision or "forty" line, or immediately adjacent thereto, and along the line which is the nearest feasible route to an existing public road, or along a route established for a period of ten years or more by an easement of record or by use and travel to and from the property by the owner and the general public.

The Supreme Court considered the status of Dudley Lane and determined in this case that it was not an "existing public road" under Iowa Code 6A.4(2), as it only existed "on paper and not in reality."

The Supreme Court also opined on what factors should be considered when selecting the "nearest feasible route." They concluded that cost of acquiring and developing the route are, in fact, valid considerations to consider. Thus, the district court erred when it did not consider such costs.

The conclusion of the Supreme Court was then to affirm the status of Dudley Lane and reverse and remand for consideration of the costs of acquiring the property to be condemned.

Will They Ever Live It Down?

2010-01-06T11:59:00.002-06:00

Two California surveyors "lost their bearings" last week as sheriff's deputies had to hunt for them using cell phone technology in "deep brush and trees."

Here's a link to the story as reported by Teri Figueroa of the North County Times website:

Cell ping helps locate lost surveyors
At least they were found safe.

Tool v. Nolin Revisited

2009-12-30T15:08:00.002-06:00

The Iowa Court of Appeals filed another opinion on the on-going land dispute between Tool and Nolin in Jasper County (Tool v. Nolin, No. 9-751/08-2012).

The dispute is over a claim of adverse possession and/or acquiescence of a triangular piece of former railroad property.

In 1877, a deed transferring land to the Iowa, Minnesota and N.P. R.R. Co. was recorded in Jasper County containing in part the following: “that in case the said Railway Company does not construct a Railway through said tract of land or shall after construction permanently abandon the route through said lands the same shall revert to and become the property of the grantees herein, their heirs and assigns.” Around 1927 the railroad was abandoned.

In 1956 a tax sale for this former railroad property was held. Jasper County acquired the land and sold to Hewitts who in turn sold to Nolins.

Tools claim that the 1877 deed provided for the potential of reversion and that they are the assigns of the original grantees.

In 2006 Tools filed petition to have title of this former railroad triangle quieted in their names. The district court ruled in favor of the Tools. It went to appeal and the appeals court remanded for further consideration of adverse possession and acquiescence theories.

On remand the district court determined the Tools had proven title by adverse possession to only a portion of the triangle. The Tools again appealed contending the court did not grant their adverse possession to the south twenty feet of the triangle. Nolin cross-appealed saying the court erred in finding the Tools had established adverse possession to any part of the triangle.

Citing C.H. Moore Trust Estate v. City of Storm Lake, 423 N.W.2d 13,15 (Iowa 1988),

A party seeking to gain title by adverse possession “must establish hostile, actual, open, exclusive and continuous possession, under claim of right or color of title for at least ten years.” … The doctrine of adverse possession is strictly construed because the law presumes possession is under regular title … Proof of each of the elements must be “clear and positive.”

the appeals court agreed with the district court that the Tools had established hostile, open, exclusive, and continuous use of the triangle (except the south twenty feet) for farming purposes since at least 1961. The Nolins had a valid tax deed, but the doctrine of adverse possession presupposes a defective title (Creel v. Hammans, 234 Iowa 532, 534-35, 13 N.W.2d 305, 307 (1944).

Why not the south twenty feet?

The district and appeals courts weighed the exclusivity requirement. The Tools’ possession of the south twenty feet was not exclusive. Until 2002, the south twenty feet had been a farm road that was used by others, including the Nolins, as well as the Tools. From court testimony of James Tool:

Q: So you didn’t farm the – you didn’t physically put crops on or anything, the 20-feet strip until 2002 …?

A: Yeah.

Q: Is that correct?

A: Yes. But I think, as I remember …

Q: Prior to that time, that 20-foot strip was used by other people?

A: Used by myself to farm down there and other people drove it too.

Q: And that would include Mr. Robert Nolin, the defendant in this action?

A: Yes.

The Tools could not prove exclusive possession of the south twenty feet, therefore could not prove adverse possession to that portion of the triangle.

On the issue of acquiescence in the south twenty feet, the appeals court found it inapplicable in this case since the Tools and Nolins did not have adjoining boundaries in this area.

Classic Acquiescence

2009-12-17T10:08:00.003-06:00

Came across another Iowa Court of Appeals case involving acquiescence. This time in Webster County.

Back in 2004 the Lynches acquired farmland, a portion of which happened to lie adjacent and South of land owned by the Lennons, who had purchased their land in 2000. At the time of each purchase neither buyer sought to have a survey made. In 2007, the Lennons decided to have a survey of their land. Can you see what's about to happen here?

At the time the Lennons purchased their land in 2000 from the Pierces, they thought an old fence line on the South side was the southern boundary of their land. The Pierces had recognized the old fence as their boundary since 1985 (15 years before selling to Lennons).

When the Lynches purchased their land in 2004, they believed the fence to mark the northern boundary as did their predecessors "for decades."

Well, along comes the surveyor in 2007 whose plat of survey showed that the old fence line was about fifty feet north of the "legal boundary," thus giving the Lennons an additional fifty feet. This is where the peace in the neighborhood ends. Lennons marked the surveyed location with fence posts that were subsequently removed by the Lynches, and now the lawyers and courts are involved.

Where is the boundary? The fence or the deed description?

The Court of Appeals upheld the district court's ruling that the Lynches had established their claim of acquiescence. Thus, the fence became the boundary line.

Why? From the opinion (Lynch v. Lennon, No. 9-739/08-1788):

The doctrine of boundaries by acquiescence states, "If it is found that the boundaries and corners alleged to have been recognized and acquiesced in for ten years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established." Iowa Code 650.14 (2007).

... two owners may establish a boundary by mutually acquiescing in a "line definitely marked by a fence or in some manner as a true boundary, although a survey may show otherwise." Mensch v. Netty, 408 N.W.2d 383, 386 (Iowa 1987).

Acquiescence exists when both parties acknowledge and treat the line as the boundary. Sille v. Shaffer, 297 N.W.2d 379, 381 (Iowa 1980).

The record shows that the owners of these two tracts of land had acknowledged the fence as the boundary for decades.

Therefore, the district court properly found the Lynches had established their claim of acquiescence to the fence as the boundary line.

The Lennons had also filed a cross petition against the Pierces for breach of warranty of title. This is examined in the same case and is interesting to read. In short, the court found no breach since the fence was "not only open and obvious, but that the landowners on both sides accepted the fence line as the boundary." Lennons had testified that they believed the fence was the boundary when they purchased the land and reached a purchase price based on that belief rather than a correct legal descripion.

Lesson: Be sure you know what you are buying when you accept that deed. Request the seller provide you with a recent boundary survey or have one made yourself. A survey in this case may have at least caused someone to question the fence and resolve the matter before they spent a lot of money. Is a survey cheap? No, but it in this case it may have been cheaper than the time and money spent going to court.

OK Surveyor is Big Loser - In a Good Way

2009-12-09T14:37:00.003-06:00

Congratulations to Danny Cahill of Broken Arrow, Oklahoma!

Danny, a land surveyor, was the winner of the recent NBC show "The Biggest Loser." After losing 239 pounds, Cahill won the $250,000 prize.

Click here for a report from NewsOK.com on Danny's win.

Click here for photos of Danny (before & after) on the Biggest Loser website.

Four Months of Stuff

2009-12-01T13:40:00.005-06:00

Well, it's been a L-O-N-G time since I last posted. Shame on me. It's not that I've been extremely busy or anything, I just haven't kept up. I'll try to do better.

What's going on? Doing a lot of ALTA Surveys this year it seems. Got five going right now that are either in attorney review stage or waiting for title work. Otherwise I'm currently working on a medium size (32 lots) subdivision, a small (4 lots) minor subdivision, and some easements for various things.

Just before Thanksgiving I was able to help some Webelo Cub Scouts earn an activity award by giving a surveying presentation and discussing with them various careers in surveying and how we find property lines.

Speaking of Scouting, you'll notice to the right I've posted a countdown to the 2010 National Boy Scout Jamboree. I'm excited to be a part of the NSPS Surveying Merit Badge instruction during the jamboree. 2010 marks the 100th anniversary of Boy Scouts of America, it will be a very large event next year.

Outside of my professional career I belong to the Sons of Union Veterans of the Civil War (SUVCW) and within that to a recently formed Honor Guard, The Iowa Rifles (Co. "A", 49th Iowa Vol. Infantry). We've been working on some great things. Part of our mission is to raise funds for restoring Iowa specific Civil War monuments that have fallen into a sad state of disrepair and neglect.

GAR Monument in Casey, IA

Monument for the Iowa 19th, 20th, 34th and 38th Infantry Regiments
Vicksburg, MS

Toward that goal, we have spent time at various events and in front of grocery stores (Dahl's Foods and Sam's Club in particular) trying to gain public attention with a historical display and information. The 150th anniversary of the Civil War is coming fast.

That's me on the right

This past Veteran's Day (Nov. 11th) we also paid tribute to a rather famous, in her time, Civil War nurse who happens to be buried in Woodland Cemetery in Des Moines, Iowa. Sarah Palmer Young, aka "Aunt Becky", a widow, left her two daughters and followed her brothers joining the 109th New York and volunteered as a nurse through some of the bloodiest campaigns of the war for three years. After the war she wrote a book, The Story of Aunt Becky's Army Life, remarried and moved her family to Des Moines where she remained until her death in 1908.

Iowa Rifles with Descendant of Aunt Becky

At some time in the past, someone had erected a flag pole beside Aunt Becky's grave. Over the years the pole had become a little rusty and neglected. The Rifles and Dodge Camp #75 (SUVCW) cleaned, primed and painted the flag pole and hung a new flag. We also worked to get her a new government grave stone to recognize her Civil War service. The flag pole and stone were re-dedicated on Veteran's Day to a fairly large crowd. You can read more about this event on the Department of Iowa website under "Sarah Palmer Young's Ceremony."

Besides that, my wife and I have been enjoying some good ISU Cyclone sporting events and our boy's youth football games. We're also getting started on a laminate wood flooring project at home.

Hope you had a good Thanksgiving. And, if I don't post before then, hope you have a very merry Christmas season!

South Carolina Surveyor Honored

2009-07-28T11:23:00.004-05:00

As published on the "heraldonline" website:

Local surveyor gets award ceremony unlike any other
By Andrew Dys

Almost all of the people who came into the hospice house Monday afternoon for an award ceremony had a sunburn. Work out in the sun your whole life, like Ed Woodward did and all these other surveyors do, your skin turns to leather.

This was an award ceremony unlike any other. There was no podium, no catered chicken dinner. The guest of honor couldn't even attend.

Because Rock Hill's Edward F. Woodward was in Room 2 at the hospice house. The 63-year-old, so good to so many in the surveying trade in York, Chester, and Lancaster counties for more than 40 years, has bone cancer. His wife, Joy, said he's been fighting it for a year and was moved not many days ago to Hospice & Community Care.

Back in May, surveyors from around the state decided that Woodward — “one of the deans of surveying,” in the words of fellow surveyor Tim Kaiser — should be honored with the South Carolina Society of Professional Land Surveyors Life Service Award.

It is the biggest deal in this trade that most people know by those people seen out in the weather, with those yellow tripods, mapping out the land. Woodward's work is seen on so many of the roads people drive on — Interstate 95, S.C. 5, S.C. 274, more.

Woodward, whose father was a surveyor before him, is one of just a few in the state's history who have been so honored — less than 10 around the state.

A regular ceremony was hoped for at a state meeting of all those surveyors later this year, said Rock Hill surveyor Joe Baird, but the clock was ticking.

“It was evident it might not happen, the ceremony, so we moved swiftly,” Baird said.

So the surveyors brought the ceremony right there to the hospice.

They parked their trucks in the parking lot and took time off from work, because Ed Woodward was a good guy and working man and he just plain deserved it.

One who came was Billy Hipp, a surveyor who has his own business because he was taught the trade as an employee of Woodward years ago.

“The best, Ed,” Hipp said. “Great guy, terrific at his business. Knew all the best places to stop and eat, too. Even knew the names of the waitresses or the owners.”

Another surveyor, Bill White, said Woodward took him under his wing when White was starting out, even though White would turn into a competitor.

“He was like a mentor to the younger guys coming up,” White said.

Woodward is one of the founders of the tri-county chapter of the surveying group. He cares about high standards, his peers said, he cares about getting the mapping right.

His wife, Joy, said of Woodward surveying out there in that hot sun, the wet ground or the dust or the red clay: “He had the heart for it. He loved it.”

One lady from the beach, state surveying society secretary Frankie Manhardt, even read a proclamation honoring Woodward. She read how he served in Vietnam.

She read how he was a past member and chair of the York County Planning Commission. She read how he was unselfish to other surveyors, and all these men who knew that and learned from him stood there in a circle in their jeans and boots, or khakis and boots and collared shirts with their company names on them, and listened.

These are blue-collar people who wanted to let someone know how much they cared for one of their own.

Burnett Jenkins, current president of the surveying society of York, Chester and Lancaster counties, presented Joy Woodward with a plaque.

“Thank you all very much,” she said.

“He loved what he did.”

Then, she took that plaque into the room where her husband of 39 years lay in the bed, so she could read aloud to him how proud his peers are of his life's work.

Resourceful Surveyors Help with Rescue

2009-06-24T07:46:00.002-05:00

What a story!

Rescued duo adrift off Alaska for 52 hours (AP article on msnbc.com)

From the article (click link above for the full story):

Whitehead and his 50-foot fishing boat, the Larisa M., had been hired by a Bureau of Land Management survey crew. For five years, he has escorted BLM survey crews to ancient island village sites where 25,000 Aleuts once lived.

Whitehead spent Friday moving the crew from cove to cove along uninhabited Amatignak Island, the southernmost point in Alaska. The closest port is Adak, about 120 miles to the northeast and 1,300 miles southwest of Anchorage.

Osterback, 35, joined him on his last trip, to pick up the survey crew and their gear.

As they motored through howling winds toward the island, their 15-foot skiff hit a rock and the motor died.

They managed to row the unwieldy boat around the rocks. In his last radio message to the surveyors, he said someone would need to get to the Larisa M. and radio for help.

Whitehead believed the BLM crew would be able to cobble something together to reach his fishing boat. "They're a pretty resourceful group," he said.

The surveyors fashioned a raft out of flotsam: boards placed on buoys and held together with fishing net.

With makeshift paddles, they reached the Larisa M at 10:30 p.m. local time Saturday and called the Coast Guard, which launched a search from Kodiak Island.

Whitehead credits both the Coast Guard rescuers and the BLM crew for saving their lives.

"They're tough guys and the only reason the Coast Guard came is because they built that raft," he said.

World's Oldest Surveyor Dies at 113

2009-06-19T07:34:00.004-05:00

As reported on the msnbc website:

World's oldest man dies at 113
Japanese ex-land surveyor drank milk every morning and avoided alcohol

TOKYO - Tomoji Tanabe, the world's oldest man, died in his sleep at his home in southern Japan on Friday, a city official said. He was 113.

"He died peacefully. His family members were with him," said Junko Nakao, a city official in Miyakonojo on Japan's southern island of Kyushu. Tanabe died of heart failure, she said.

Tanabe, who was born Sept. 18, 1895, had eight children — five sons and three daughters. The former city land surveyor also had 25 grandchildren, 53 great-grandchildren, and six great-great-grandchildren, according to a statement from the Miyakonojo city. He was certified by the Guinness Book of World Records as the world's oldest man when he was 111 years old.

His favorite meals were fried shrimp and Japanese miso soup with clams, the statement said. Tanabe drank milk every morning and read the newspaper. He also avoided alcohol and did not smoke, the statement said.

Suspects Act Like Property Surveyors

2009-06-16T07:44:00.003-05:00

Shame ...

Police: Thieves Use Property Line Ploy as posted on Pittsburgh's www.wpxi.com

Seems a couple bad guys are posing as surveyors to gain entrance into homes. Hopefully they will be caught and strung up soon.

If in doubt, ask a surveyor for his business card.

Bill Signing Ceremony - SF 435

2009-06-05T09:55:00.005-05:00

Well, the surveyor's right-of-entry bill passed and was signed into law by the Governor on May 26, 2009. I just got some pictures back from the signing ceremony and thought I'd share this one*.

I'm in the middle behind Gov. Culver (in the blue shirt).

The text of Senate File 435, the Surveyor's Right of Entry, can be found by clicking here.

Dan

*Photograph by Steve Alexander, alexandersphoto.com

Texas Home Built on Wrong Lot

2009-05-07T14:58:00.002-05:00

Posted on the News 8 Austin website:

Harker Heights home built on wrong piece of land

Mills and Jabsen said they were all set to move into their newly built home, on their newly purchased property, until they received a phone call one day in November.

"It was 98 percent complete, and our final survey was being done, and we got the call that it was on the wrong five acres," Mills said.

Hmmm. Final Survey? Was there a prior survey done?

"We asked to see a current survey, and were told by the professionals, we don't need to worry about it until the end survey," Jabsen said.

So, no prior survey? Okay, how did the builder know where to build?

The builder, however, said, based on where the 'For Sale' sign was located, and because the lot was so large, there was no question in his mind that they built the home on the correct spot.

Well, maybe next time he'll make sure he's on the right lot and maybe check it with a survey.

Better Business Practices?

2009-04-24T14:45:00.003-05:00

Questionable Business Practices - Africa style.

1. Survey/develop land without involving the owner.

2. Create "artificial land" using unrecommended scales.

3. Charge ten (10) times the standard fee.

Read more here:
Errant land surveyors put on notice

Cy's House of Trivia 2009

2009-04-20T12:07:00.004-05:00

Had a great time with Team ERG at this year's Cy's House of Trivia contest in Ames this past weekend.

Here is a picture of four of our team members with new ISU head football coach Paul Rhoads.

We didn't win, but we didn't come in last either.

Two and One-Half Miles (Edited)

2009-04-20T11:53:00.004-05:00

***Update***

Well there has certainly been a lot of discussion on this. As it keeps spreading throughout the news circles there have been many posts on the POB message board (and probably other surveying related boards) related to this topic. Some of these posts are VERY educational. So far on POB's site there are the following threads:

Four Corners marker 21/2 miles off? (started 4/20/2009 at 10:33am)

Four Corners Monument Rumor (started 4/20/2009 at 4:35pm)

Calling Dave Doyle (started 4/21/2009 at 10:59am)

Four Corners Mislocated? (started 4/22/2009 at 11:28am)

Four Corners Monument - Wheeler Survey Info (started 4/22/2009 at 12:50pm)

My Original Post:

Well, modern measurements are now telling us that the Four Corners monument is "wrong" by about 2-1/2 miles. (Depending on your definition of "wrong")

Four Corners marker 2 1/2 miles off? Too late by Lynn Arave of the Deseret News

At least the San Juan County Surveyor seems to have his head screwed on correctly.

San Juan County surveyor David Bronson said of the present monument, "That's the accepted location."

"That's a long ways to be off," he acknowledged of the 2.5-mile discrepancy, but stressed once it was set, it remained.

And at least part of the journalist's last statement is correct:

There's little chance of moving the monument, ~~especially because millions of dollars have been spent to improve it and~~ because the current state lines have been firmly established now for 110 years.

Indiana-Michigan Border

2009-04-20T11:36:00.003-05:00

WNDU.com is reporting about another big boundary problem. Seems the state line between Indiana and Michigan may be in for an updated survey.

Indiana-Michigan border may bend by Mark Peterson

Some interesting quotes from the article:

“Nobody really knows where that state line is,” said St. Joseph County Surveyor John McNamara.

The state line--as we know it--was staked out in 1827. Problem is, surveyors picked a ‘rotten’ way to do it. The stakes they used were made of wood and many have since rotted away.

It stands to reason that some changes could occur if a border that was established by hand in 1827 is re-worked in the age of global positioning. “I think things will change, yeah,” said McNamara. “How big the shift will be, it might end up being ten feet, might end up being five feet, twenty feet: There is some speculation that over near Hillsdale, Michigan the shift might be three or four hundred feet.”

I have also received some additional information about this. Seems part of the problem may be from how the two states "closed" on the Kendrick line of 1827 during later surveys of the states' townships. Read here for more.

Let's hope they get this right. Surely, we here in Iowa (and our friends in Missouri) understand the importance of being on the right line.

Right of Entry Passes!

2009-04-15T15:28:00.005-05:00

The Right of Entry legislation (SF435) has now passed both the House (80-18) and the Senate (49-1) and the final version should soon be on its way to the Governor's desk.

Key provisions:

A land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, rights-of-way, and easements, to determine geodetic positions, and to make surveys and maps and may carry with them their customary equipment and vehicles. A surveyor may not enter buildings or other structures located on the land. Entry under the right granted in this section shall not constitute trespass, and land surveyors shall not be liable to arrest or a civil action by reason of the entry.

A vehicle used for or during entry pursuant to this section shall be identified on the exterior by a legible sign listing the name, address, and telephone number of the land surveyor or the firm employing the land surveyor.

Land surveyors shall announce and identify themselves and their intentions before entering upon private property. A land surveyor shall provide written notice to the landowner, or the person who occupies the land as a tenant or lessee, not less than seven days prior to the entry. The notice shall be sent by ordinary mail, postmarked not less than seven days prior to the entry, or delivered personally. A mailing is deemed sufficient if the surveyor mails the required notice to the address of the landowner as contained in the property tax records. For civil liability purposes receipt of this notice shall not be considered consent. This notice is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government or an official plat as defined in section 354.2, subsection 12.

This section shall not be construed as giving authority to land surveyors to destroy, injure, or damage anything on the lands of another without the written permission of the landowner, and this section shall not be construed as removing civil liability for such destruction, injury, or damage.

A land surveyor who enters on private land must comply with all biosecurity and restricted-access protocols established by the owner or occupant of the private land.

Thank you to Senator Tom Rielly and Representative Eric Palmer for sponsoring these bills. Thank you also to the Society of Land Surveyors of Iowa and their lobbyist for initiating and following through with this effort.

Topographical Engineers Interpretation Course

2009-04-06T14:16:00.004-05:00

I see the announcement and applications are posted for the 2009 Topographical Engineer Interpretation Course at Bent's Old Fort in La Junta, Colorado, on June 4-7.

Click here for the U.S. Corps of Topographical Engineers website.

If you are interested, this is a very good course that I attended in 2007. It was very educational and fun! I would highly recommend it to anyone who likes or wants to do living history interpretation.

I've put together a little clip on YouTube of some of the pictures that were taken at the camp I participated with in 2007.

If you not interested in Topographical Engineers but might like other 19th century learning opportunities, there are also other options available. The fort hosts the weekend and you can also learn to be blacksmiths, trappers, traders, etc. Check out the Bent's Old Fort website for more information.

County Border Dispute Not Finished Yet

2009-04-01T07:24:00.002-05:00

Apparently the survey has been completed, but Bibb County must not like the results.

"Bibb to protest border with Monroe" by Jennifer Burk

It is now up to the Georgia Secretary of State to determine the 12-1/2 mile boundary. She is not releasing any results to the public at this time, but since Bibb County is protesting, it must not have been good for them.

From the article:

Earlier this year, Warner Robins surveyor Terry Scarborough placed granite monuments in the northwestern part of Bibb where he appeared to be marking the county line. Based on those markers, Bibb officials at the time estimated the survey would place about 400 Bibb parcels in Monroe County.

The Telegraph previously located 10 markers between the Bass Pro Shops complex and the intersection of Old Forsyth Road and Rivoli Drive. Based on the newspaper’s calculations, the county line appeared to have moved 700 to 800 feet southeast of the current border.

Monroe County Commission Chairman James Vaughn said he also has seen the survey but does not yet know its significance.

“It’s hard to tell where (the county line) is in relationship to any other line because it’s the only line on the plat,” Vaughn said. “I don’t know what it means yet. Lawyers are looking at it.”

The two counties will split the $346,180 cost of the survey.

Right of Entry Passes in the Senate

2009-03-25T07:11:00.003-05:00

By a vote of 50-0 the Surveyor's Right of Entry bill (SF435) passed in the Iowa Senate yesterday.

This bill (which can be read here) looks a little different than the original draft and includes particulars about the seven day written notice.

3. Land surveyors shall announce and identify themselves and their intentions before entering upon private property. A land surveyor shall provide written notice to the landowner, or the person who occupies the land as a tenant or lessee, not less than seven days prior to the entry. The notice shall be sent by ordinary mail, postmarked not less than seven days prior to the entry, or delivered personally. A mailing is deemed sufficient if the surveyor mails the required notice to the address of the landowner as contained in the property tax records. For civil liability purposes receipt of this notice shall not be considered consent. This notice is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government.

3A. The written notice of the pending survey shall contain all of the following:
a. The identity of the party for whom the survey is being performed and the purpose for which the survey will be performed.
b. The employer of the surveyor.
c. The identity of the surveyor.
d. The dates the land will be entered, the time, location, and timetable for such entry, the estimated completion date, and the estimated number of entries that will be required.

Also, there is the provision for certain restrictions of access:

5. A land surveyor who enters on private land must comply with all biosecurity and restricted=access protocols established by the owner or occupant of the private land.

The House version (HF743) has not had much happen with it yet.

Check back for more updates.

Right of Entry Update

2009-03-23T13:08:00.005-05:00

The Right-of-Entry bills are still there.

The Senate version is now numbered SF435 and has an amendment (S3080) concerning the seven day written notice.

The House version is now numbered HF743 with an amendment (H1201) concerning duty of the owner/occupant. It is anticipated that the House version will also soon have an amendment concerning the written notice.

The SLSI Legislative Committee and their lobbyist are working to try and ease the seven day written notice. Check back for further updates.

Land Surveyors in Iowa are urged to make contact with their senators & representatives in support of these bills.

On a side note, the Recorder's Redaction Fee bills (SF378 and HF506) also still seem to be alive with various amendments.

Recording Redaction Fee Bills

2009-03-10T07:28:00.004-05:00

Well the House version (HF506) was introduced to committee March 3rd without any exceptions or provisions for surveys.

The Senate version (SF378) was introduced to committee March 9th but with a provision for plats of survey.

The Senate version contains the following provision: 331.605C Electronic Transaction Fee ... 2. d. Notwithstanding paragraphs "b" and "c", the fee collected by the recorder under this section for recording a plat of survey is one dollar, regardless of the number of pages. For purposes of this paragraph, "plat of survey" means the same as defined in section 355.1, subsection 9.

It remains to see if either of these bills make it to the full House or Senate.

Right of Entry Bills Introduced

2009-03-04T07:36:00.003-06:00

House File 480 by Palmer & Senate File 255 by Rielly have been introduced. These bills are for the land surveyor's right of entry that SLSI has been working on. They have been assigned to Local Government Committees. SLSI members are urged to contact your senators and representatives that may be on these committees in support of these bills.

Text of the bills:

A BILL FOR

1 An Act relating to the entry upon land by a surveyor for land
2 survey purposes.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2310SS 83
5 jr/sc/14

PAG LIN

1 1 Section 1. NEW SECTION. 354.4A ENTRY UPON LAND FOR
1 2 SURVEY PURPOSES.
1 3 1. a. A land surveyor may enter public or private land or
1 4 water in the state only to occupy, locate, relocate, install,
1 5 or replace survey monuments, to locate boundaries,
1 6 rights=of=way, and easements, to determine geodetic positions,
1 7 and to make surveys and maps and may carry with them their
1 8 customary equipment and vehicles. Entry under the right
1 9 granted in this section shall not constitute trespass, and
1 10 land surveyors shall not be liable to arrest or a civil action
1 11 by reason of the entry.
1 12 b. For purposes of this section, "land surveyor" means a
1 13 land surveyor licensed pursuant to chapter 542B or a person
1 14 under the direct supervision of a licensed land surveyor.
1 15 2. A vehicle used for or during entry pursuant to this
1 16 section shall be identified on the exterior by a legible sign
1 17 listing the name, address, and telephone number of the land
1 18 surveyor or the firm employing the land surveyor.
1 19 3. To the extent practicable, land surveyors shall
1 20 announce and identify themselves and their intentions before
1 21 entering upon private property. This notice is not required
1 22 for a survey along previously surveyed boundaries within a
1 23 platted subdivision accepted or recorded by the federal
1 24 government or approved and recorded under chapters 354 and 355
1 25 or preceding land surveying laws of this state.
1 26 4. This section shall not be construed as giving authority
1 27 to land surveyors to destroy, injure, or damage anything on
1 28 the lands of another without the written permission of the
1 29 landowner, and this section shall not be construed as removing
1 30 civil liability for such destruction, injury, or damage.
1 31 5. An owner or occupant of private land owes no duty of
1 32 care to a land surveyor entering upon such private land under
1 33 the provisions of this section, and such owner or occupant
1 34 shall not be liable for any injury or damage sustained by a
1 35 land surveyor entering upon such private land unless the
2 1 damage or injury is caused by the willful or malicious conduct
2 2 of the owner or occupant.
2 3 EXPLANATION
2 4 This bill creates a right of entry for a licensed land
2 5 surveyor or a person under the direct supervision of a
2 6 licensed land surveyor, hereinafter referred to as surveyors.
2 7 The bill provides that a surveyor may enter public or
2 8 private land or water in order to occupy, locate, relocate,
2 9 install, or replace survey monuments, to locate boundaries,
2 10 rights=of=way, and easements, to determine geodetic positions,
2 11 and to make surveys and maps. To the extent practicable,
2 12 surveyors are required to announce and identify themselves and
2 13 their intentions before entering upon private property.
2 14 The bill provides that the right of entry does not
2 15 authorize surveyors to destroy, injure, or damage anything on
2 16 the lands of another and does not remove civil liability for
2 17 destruction, injury, or damage. The bill also provides that
2 18 the owner or occupant of the land is not liable for any injury
2 19 or damage sustained by any person entering upon the owner's
2 20 land under the provisions of this section, unless the damage
2 21 or injury is caused by the willful or malicious conduct of the
2 22 owner or occupant.
2 23 LSB 2310SS 83
2 24 jr/sc/14.1

Some points to consider when discussing these bills with your representatives:

Surveyors are required by law to monument the corners of the section lines that we tie our surveys to. Some of this monumentation location is not on a Public Highway or on our Clients Property. If we are not able to get permission to access this location we can not properly do our surveys to either find existing monumentation or monument our calculated positions.
Doing in-town retracement surveys we have to recover existing monumentation in the area surrounding our survey to verify the existing monumentation we have found on the parcel we are surveying or to find the proper location of the lot corners that has missing monumentation that we have to replace. If we are prohibited from recovering the surrounding monumentation there is no way to do our surveys to the state’s minimum standards.
As farms are cropped by absentee renters and owned by absentee owners the neighbors may not know who farms the ground or where the owner of the property lives. You may be able to get the address that the taxes are sent to but that may not get a response to a letter you send, but you would still be open for a trespass charge for being on the property doing your job.

Here are links to the Local Government Committee Members:

Senate Local Government Committee

House Local Government Committee

Alert! - Fee to Remove Something That's Not There

2009-03-04T07:28:00.003-06:00

From SLSI:

The County Recorders association is pushing legislation to increase fees for each recorded document by $2 with the money to be used to hire a company to remove private information (social security numbers, credit cards, etc) from previously recorded documents and those to be recorded in the future.

Since plats of survey and drawing related to plats of survey have never had this type of information on them, it would seem a no-brainer that we should not be charged to remove information that was never there. The Recorders disagree.

Susan Vande Kamp, Story County Recorder representing the Iowa County Recorders Association has argued land surveyors should pay this "redaction fee" because land surveyors are a big user of the system. The fact Iowa law expressly prohibits charging to use this site apparently is not of consequence to some.

The Recorders spokesperson also stated to the Senate Committee chair that surveyors should pay the fee because "plats of survey are more work." We pointed out that if this is true that has nothing to do with a fee charged to us to remove information that was never there in the first place. Since that comment was made, SLSI has done a little checking and we have been told our information does NOT require more work.

Next the recorders spokesperson said we should pay these fees because "it is for the common good." We told her and others that was like asking someone to pay the gas tax who isn't buying gas because maintaining roads is for the common good.

Then the argument changed that land surveyors should pay the fee because our information is on the site and the site has to be maintained. The fact surveyors already pay a $5 recorders fee, a $1 document management and a $1 electronic transaction fee was left to SLSI to point out to the legislators.

Finally the argument changed that if they exempt us they will have to exempt others. Well, I can't speak for others but quite frankly I think they should be exempt from a fee that does not involve them. However, the truth of the matter is there is no other group who does not have information to be removed asking to be exempt. So, that's a bogus argument.

So what now? The bill has passed out of committee in the Iowa House, but not so in the Senate. We will be running an amendment that exempts plats of surveys and related drawings from these new fees. We need contacts NOW to members of the Senate Local Government committee.

In Memoriam

2009-02-26T13:28:00.004-06:00

Two Life Members of the Society of Land Surveyors of Iowa have passed away in the last couple weeks.

Neil A. Carpenter, 86, died February 10, 2009.
Link to Mr. Carpenter's obituary

Neil was born January 13, 1923 in Wagner, South Dakota, the son of Clarence and Laura Myrtle (Martin) Carpenter. He graduated from Wagner High School in 1941. He served in the U.S. Navy for four years. He attended Iowa State University and graduated in 1947 with a BA in Civil Engineering. He married Gloria Smith on December 21, 1947 at the Little Brown Church in Nashua, Iowa. He obtained his Masters Degree from Iowa State University in 1967. Neil was a partner of Ames Engineering and Testing from 1952 to 1985, selling to C.G.A. of Cedar Rapids. He was a member of the First Christian Church (Disciples of Christ) in Ames where he was elder, deacon, and chairman of the board; the Ames Lions Club, a lifetime member of the Professional Engineers Association; Anston-Marston Club; American Legion - Wm. F. Ball Post #48 of Nevada; and served on the Condemnation Board of Story County. He enjoyed crossword puzzles and Soduko puzzles. He loved boating and playing chess with his grandchildren.

Harry E. Porter, 95, died February 21, 2009.
Link to Mr. Porter's obituary

Harry Ellis Porter was born Dec. 12, 1913, in Sidney, the son of Harry Clark and Ethel Bessie (Campbell) Porter. He graduated from Sidney High School and received a degree in engineering from International Correspondence School. He married Mary Olive Stafford Jan. 2, 1938, in Lincoln, Neb. He was a veteran of World War II, as a Navy chief mate assigned to the Marines as a Marine boot camp training officer. He was employed 33 years with Iowa State Highway Commission, later known as Iowa Department of Transportation. He later retired after eight years as Cass County engineer in Atlantic. He was a registered civil, highway and county engineer, and a registered land surveyor. He and his wife, Mary, lived in Hamburg and Atlantic, Iowa, and Ridgeway, Mo., and retired to Elmcrest Retirement Community in Harlan. The two of them enjoyed several winters at Leisure World in Mesa, Ariz. They moved to Ames in 2006.

Festival of Terminalia - Feb 23rd

2009-02-23T07:29:00.003-06:00

So, how are you planning to celebrate Terminalia this year?

The Festival of Terminalia is a celebration to honor Terminus, the Roman god who protected boundary markers. The festival coincided with the end of the early Roman year and was done to preserve harmony between neighbors.

The name of the god Terminus is Latin for "boundary stone". The ancient Roman land surveyor and writer Siculus Flaccus wrote about the ritual of how boundary stones were sanctified by placing bones, blood and ashes of a sacrificial victim along with crops, honeycombs and wine in a hole at the property corner and then the boundary stone was placed on top.

Adjoining neighbors would gather on the Terminalia each year to decorate their boundary markers, make offerings to Terminus, and sing praises in his honor.

More information:

Terminus - Wikipedia article
Traditional Festivals by Christian Roy (Google Books)

Lincoln Event - Pictures

2009-02-18T08:28:00.005-06:00

I wrote a couple days ago about Craig, Joel and I giving a presentation at the DMACC campus in Newton about Lincoln as a land surveyor. Here are a few pictures from our program.

Craig Johnstone

Joel Romey with a chain

Joel with a compass

Participant with compass

Dan Rittel

Dan with Participant

Surveying Museum Almost Finished

2009-02-16T08:16:00.002-06:00

An article posted on Springfield, Illinois' State Journal Register website give some more details about the National Museum of Surveying that had a sneak peek opening on Feb 12th.

Surveying museum inches closer to completion by Tim Landis

Our friend Dale Beeks from Mount Vernon is quoted in the article. From the article:

Beeks spent three days last week helping prepare the National Museum of Surveying for possible opening this spring on the north side of Old Capitol Plaza. He estimated he and other workers combed through 200 pieces, as well as hundreds of papers, letters, maps and other documents for potential display.

“There’s wasn’t much of a collections policy at the Michigan museum … so we ended up with quite a few pieces that won’t be used very much,” Beeks said. “Some of them we’ll keep back. A piece from the 1960s may be of great interest in 20 years.”

While the museum still has a little work to do, they are getting closer to a grand opening.

“We are probably 99 percent completed with the construction of the facility, which has taken longer than we hoped for,” said Bob Church, executive director of the Illinois Professional Land Surveyors Association, based in Rochester. “We are now designing the exhibits, and they will start being fabricated.”

Abe Lincoln in Newton

2009-02-16T08:01:00.004-06:00

This past Saturday (Feb 14th) I had the pleasure of working with fellow surveyors Craig Johnstone and Joel Romey as we gave a land surveying presentation in Newton, Iowa.

There was a symposium marking the 200th birthday of Abraham Lincoln on the DMACC Newton campus. There were some Civil War reenactors present and Lincoln himself was on hand to tell us about his life and debate Stephen Douglas.

Our surveying presentation attracted a few people. We spoke on how Lincoln was a surveyor before he was president but we ran out of time to really finish it up well.

As soon as I download the pictures from the camera, I'll get a few posted here on the blog.

Heliotrope Used to Contact Aliens?

2009-01-29T08:52:00.003-06:00

An interesting article titled "Early Attempts to Contact Aliens" by Michael Schirber is posted on the Astrobiology Magazine website.

In the article the author gives some examples of early interplanetary communication attempts. One such example is Carl Gauss using his heliotrope. Quoting from the article:

Florence Raulin-Cerceau of the Alexandre Koyré Center in Paris has documented the early attempts at communication with extraterrestrial intelligence (CETI), or what is now often called active SETI.

"As early as the 19th century, inventors imagined "sky telegraph" equipment to communicate with the supposed inhabitants of the solar system's planets," Raulin-Cerceau recently wrote with her colleague in the French magazine Pour la Science.

The first of these inventors was Carl Friedrich Gauss, the German mathematician. In the 1820s, he spoke of reflecting sunlight towards the planets with his land surveying invention, the heliotrope. He is also credited with the idea of cutting a giant triangle in the Siberian forest and planting wheat inside.

"The size and color contrast should have made the object visible from the moon or Mars, and the geometric figure could only be interpreted as an intentional construction," Raulin-Cerceau wrote.

Mortgage Survey Lesson Learned

2009-01-21T12:46:00.003-06:00

Occasionally I will check out a legal message board that usually has some topics on boundary and property disputes. Below is a copy of a recent post there. This was copied from the ExpertLaw Forum from a thread titled Boundary Survey vs. Mortgage Survey.

"Sally" from Ohio says:

My neighbors recently had a boundary survey done before putting up a wooden privacy fence. I went out to speak with the surveyor because the way he marked out the property line it puts the boundary 4 feet from our house. We have a copy of a mortgage survey and that says the boundary is exactly 10 feet from our house. We have always used these mortgage survey measurements when it came to building anything on our lot. Never had any problems before. Everyone was pretty sure the line went right in the middle between the homes like it shows on the county aerial photos.

The surveyor found the original pins in the front two corners for the neighbor. He put new pins in the back corners of the neighbors lot. He also found original pins in the back (in line with the new ones) that marks some city owned property.

I don't understand how the surveyors findings don't match the measurements in our mortgage survey. Don't mortgage surveys have to be exact/correct before they sell a property? What we were told when we bought the house, as far as the property lines, just doesn't match up to this boundary survey.

I have recently read that a boundary survey is considered more valid than a mortgage survey or county aerial pictures. Is this really true? The neighbor said the zoning office told him to do a boundary survey and not rely on the mortgage survey he had before putting up a fence. I have spoken with some neighbors,but no one else had a boundary survey done to compare with this new one. Most everyone has mortgage surveys.

What are the chances the neighbors boundary survey is wrong? I am told by zoning that the surveyor they hired has over 35 years experience,and according to the cities zoning officers the surveyor *knows what he is doing*. The neighbor waited a few months after the survey and then put up the wood fence along what he was told is the real boundary.

Is there any point now in doing a boundary survey of our own since the original pins were found and the fence is up? Could the surveyor be wrong, or maybe the original pins he found are in the wrong place? Or maybe he found wrong pins?

This area was once farm land and they divided it into lots. Later it looks like 4 lots were divided up between 8 remaining lots. If we did a boundary survey, and it turns out the neighbors are right can we still go to court and get back what we always thought was our land?

If we do a boundary survey and it matches our mortgage survey do we need to hire a lawyer and go to court to have a judge decide which boundary survey is correct?

We have lived in our home about 12 years and the neighbors moved in last year.

A few posts later she has seen the light and states:

In the future I know now to make sure that a boundary survey with stakes/pins is placed before we close on a home.

A note on the law in Iowa:

The Iowa Code (542B.35) allows for a "Real Property Inspection Report" which is similar to what is commonly known as a "mortgage survey."

This is defined as "... a report stating whether, after visual examination, a parcel of real property which is being collateralized is materially impaired." And further, "A real property inspection report is not a property survey or engineering document and is exempt from the provisions of this chapter and the rules adopted under this chapter which apply to property surveys."

A real property inspection report is required to contain statements disclosing that the report is not a property survey and that boundaries shown may be approximate only. Also, a person who prepares a real property inspection report cannot, for the purpose of the report, claim to be a licensed land surveyor or professional engineer.

Buyer Beware.

SLSI January Workshop

2009-01-13T15:07:00.004-06:00

Thought I would help promote the 2009 SLSI January Workshop. The workshop will again be held at the Scheman Building in the Iowa State Center in Ames, Iowa on Friday, January 16th.

You might remember Joe Paiva. He was here for SLSI's 2007 Annual Meeting and gave a good presentation on analysis of errors in surveying measurements. He actually did a real good job with such a boring sounding topic.

Joe is back for this workshop with some GPS oriented topics. If you are a member of SLSI then you should have received a brochure with the description of the program and registration information. If you did not receive one, then check out the SLSI website where you can register online.

Maybe I'll see you there.

Surveying Merit Badge Part 2 & Other Stuff

2009-01-05T09:38:00.005-06:00

If you have not already noticed, the second half of my Surveying Merit Badge history piece is in the January 2009 edition of Professional Surveyor Magazine. The two page article starts on page 30 and looks at the badge from the 1960's to the present.

If you missed the first article, you can check it out in the November 2008 issue or in the Professional Surveyor online archives.

I am considering building a web page that would contain information gathered during my research into the merit badge and more pictures from my collection, but have not gotten too far with that yet. I'll keep you posted if I get it going.

I don't have any new articles planned for the near future for Professional Surveyor Magazine, but am doing some research on a few other historical topics for possible future articles in SLSI's Random Lines or even SHS's Backsights. One of these is the early settlement and platting of the Original Town of Fort Des Moines. Other possibilities are the early territorial roads in Iowa or expeditions & works of the US Corps of Topographical Engineers in Iowa.

I hope you have enjoyed the past year of this blog or at least found something of interest here. I will strive to continue to add new content during this next year. If you have any news or articles that you want to forward to me for inclusion here, then please send them my way. Thank you for reading.

A Case of Forged Deeds?

2008-12-26T09:20:00.004-06:00

The Iowa Court of Appeals didn't think so.

Verschoor v. Auto Central, LLC; et al. (No. 8-538/07-2176)

Apparently in 1996 Verschoor contracted to sell six parcels of land to Boji Auto. In 1999, a warranty deed was executed purporting to convey two of these parcels from Verschoor to Boji Auto. The deed was recorded in February of 2000. Five years later, Verschoor sued to quiet title in these two parcels claiming their signatures on the 1999 deed were forgeries.

These two parcels had again changed hands during this time.

The district court determined that the 1999 deed was not forged after making detailed findings of fact and analyzing the credentials of expert witnesses. The appeals court agreed and affirmed the district court's dismissal of the Verschoors' action.

The opinion linked above also briefly defines the term "bona fide purchaser" as "one who takes a conveyance of real estate in good faith from the holder of legal title, paying a valuable consideration for it without notice of outstanding equities."

Museum Progress

2008-11-25T07:25:00.003-06:00

Noticed a post over on the POB rpls.com message board by David Ingram concerning the National Museum of Surveying over in Springfield, Illinois. I'm sure he wouldn't mind if I pass the information along.

MUSEUM progress
Posted By David Ingram on 11/25/2008 at 5:59 AM

Last week I spent the week in Springfield working at the Museum to insatll Science on a Sphere. This will be a centerpiece exhibit that will attract people of all ages to the Museum.

For information about SOS - go here:

http://www.sos.noaa.gov/

To see a large group of pictures that documented the installation as well as to see what the Museum looks like - go here:

http://sos.noaa.gov/pics/Springfield/index.html

If you'd like to support the Museum with a gift - go here for a pledge form:

http://www.surveyhistory.org/national_museum_of_surveying.htm

You can also select a membership form here if you'd like to become a member, but please be aware that the minimum dues for a 2009 member is $50.

In other news, we are scheduling a "come see our progress" opening for February 12 - Lincoln's 200th birthday. We will have our official grand opening later in the spring.

Needless to say, we're spending lots of $$ at the moment and would really appreciate any support you'd care to share.And as we say in my part of the world, "y'all come".

Thanks

Nov 2008 Professional Surveyor Magazine

2008-11-10T11:19:00.002-06:00

Here's a link to the e-edition of the November 2008 Professional Surveyor Magazine:

Professional Surveyor Magazine, November 2008

Pages 60-61 has Part 1 of the "Historical Look at the Surveying Merit Badge"

Enjoy.

National Museum of Surveying

2008-11-06T08:50:00.003-06:00

An article by John Reynolds posted on the website of The State Journal-Register (Springfield, IL) website tells us that the National Museum of Surveying will likely be open by the bicentennial of Lincoln's birthday on February 12th.

Reynolds interviewed Bob Church, the executive director of the Illinois Professional Land Surveyors Association about the progress of the museum which is located at 2 N. Old Capitol Plaza in Springfield.

One of the major exhibits of the museum will be a high-tech globe that will teach people how surveyors work in the digital age. Other exhibits will focus on surveying’s past, including information on the three U.S. presidents who were surveyors: George Washington, Thomas Jefferson and Lincoln.

I'm excited that the National Museum of Surveying will soon be opening and be close enough for a weekend visit. The location in old Springfield near all the Abraham Lincoln tourism sites should give the museum great exposure.

IaRTN Update

2008-11-06T08:15:00.003-06:00

I received the following e-mail from Steve Milligan concerning the status of the Iowa Real Time Network (IaRTN):

As of the end of October, 79 of the 80 continually operating reference stations have been installed. The last station will be located on the Iowa DOT's new maintenance facility in Fairfield. This facility is under construction and the reference station installation will occur once the building is finished. We expect the installation of this station will be completed in December of this year.

Presently, we are working on resolving network communications & software issues for a handful of the installed reference stations. Over the next couple months, we will be collecting GPS data from each of the reference stations, processing that data and refining the position of each station, and field testing of the network.

While these efforts are underway, we will also be working with our network vender to develop the online registration application, the procedures for use of the network, and the user training curriculum. We will update you on the IaRTN network registration process and the training plans as this information becomes available.

There is still much work to be completed which could affect the opening of the network to the public. At this time, we anticipate the network will be available for use by the public on Monday, February 2, 2009.

We will keep you updated to any changes in the progress of the opening of the network.

Steven D. Milligan, LS
Statewide RTN Coordinator

Surveying Merit Badge - Professional Surveyor Magazine

2008-10-30T12:40:00.004-05:00

Check out pages 60-61 in your November 2008 Professional Surveyor Magazine. They don't have it online just yet, so I'll post a link later.

This is a shortened version of the Surveying Merit Badge history article I had published in the SLSI Random Lines newsletter last year. The current issue of the magazine has Part 1 which takes you from the beginnings through the 1950's. Part 2 will begin in 1960 and take you to the present.

I hope you enjoy the article.

If you are interested, I would encourage any licensed land surveyor to learn more about the Surveying Merit Badge and become a counselor for a Troop, District, or Council near you.

If you know a Boy Scout that is interested in earning the Surveying Merit Badge, feel free to contact me (near the Des Moines area) or have him inquire at his local council office for a counselor in his area.

Ghost Hunting Surveyor

2008-10-30T12:29:00.002-05:00

An article posted online on the Des Moines Register's website today is about a Northeast Iowa land surveyor, James Krivachek, who also founded a group (Researching Iowa's Paranormal, R.I.P.) that tries to detect and communicate with ghosts.

Click here to read the article.

Maybe he can get in touch with some of those dead old surveyors and really follow in their footsteps.

Speed Bump in the Easement - Court of Appeals

2008-10-30T12:21:00.002-05:00

Here's a link to a Court of Appeals opinion concerning an ingress-egress easement.

Clark v. Siegworth, No. 8-655/07-1264

It seems a speed bump built in an ingress-egress easement caused a little problem. The case also dealt with whether the full width of the easement was intended as the right-of-way.

I'll let you read it.

Iowa Land Records Website - Update

2008-10-24T13:06:00.003-05:00

On September 10th I posted that the Iowa Land Records Website had restricted access to viewing documents. Well, today I received an e-mail from Iowa Land Records Support with the following information about updated index and a possible redaction strategy for certain documents to get them back online. Here are the announcements as written in the e-mail:

Iowa Land Records To Update Indexes
Since September 9, 2008, the Iowa Land Records system has restricted access to document images due to privacy concerns. While historical index information has continued to be accessible through the web site, new index information has not been posted since September 9. Iowa Land Records will soon be updating information again. At their monthly meeting on October 22, 2008, the governing board for the Iowa Land Records system authorized the necessary programming to enable updates to the real estate index. Updates to the index information are tentatively planned for mid-November - earlier if possible. Watch for further updates which will be posted on the Iowa Land Records user home page.

Redaction Procurement To Proceed
One strategy for bringing document images back online is to redact personal information such as social security and account numbers. A Request For Information (RFI) was distributed to redaction service providers in late September. The responses to the RFI are now being reviewed. The governing board for the Iowa Land Records system has decided to proceed with a formal Request For Proposals (RFP) to secure quotes for either redaction services or software. The RFP is tentatively scheduled for review in November and will be published following approval by the Board. A source of funding for redaction has not yet been identified but the topic is expected to be the subject of discussion among legislators when the Iowa General Assembly convenes in January, 2009.

ILR Redaction Request Procedures
While document images are currently restricted, steps are being taken to procure software or services to systematically redact certain personal information from the images before they are again displayed on the Iowa Land Records web site. Redaction software can be a very effective means to remove personal information from document images, but no redaction service or software comes with a 100 percent guarantee. For this reason, it is also necessary to have procedures and tools in place so that personal information can be redacted if it is ever discovered.

It is the policy of the Iowa Land Records system to redact certain personal information upon request. Persons who request the redaction of any personal information are asked to assist in identifying the specific document and information to be redacted. Instructions for submitting a redaction request have been posted in the Tutorials section at iowalandrecords.org.

October Post - Various Things

2008-10-21T14:36:00.003-05:00

Hmmm. After a record 8 posts in September, this is just my first post here in October. I hate to give an excuse, but I've been a little busy.

Between a half million ALTA Surveys (well, maybe not really that many) and my son playing football this year, I just have not had much time to sit down and put stuff here on the blog. If you regularly check out POB's rpls.com, you might have noticed that I have had a few minutes to post little comments there now and then.

I went to the ASCE/ICEA Land Surveyors Conference in Ames last week. If you missed it, you didn't miss much. It was interesting to get an update on the progress of the Iowa Real Time Network (IaRTN) and visit with your vendor of choice about what you need to do to connect to the new network once it is operational, but that was about the extent of it. I went to the Topcon & Leica workshops, skipped out on Trimble. For the most part they didn't make it too much of a sales pitch, but they certainly were not shy about talking up the features of the new equipment. There were a couple county engineers that spoke briefly about projects involving GPS & GIS, nothing memorable (no offense to them).

It seems there was an appeals court case a few weeks ago that had something to do about an easement that was a little interesting, I'll need to find that one again and see about getting it posted here.

On Thursday this week, I'm planning to attend a public meeting put on by the Iowa Historical Records Advisory Board. The meetings, which are taking place at various places around the state, are to assess the present and future needs of archives in Iowa. Here's a link to the recent newsletter article about these meetings. I think it will be interesting to learn about what is going on. As a land surveyor, I use historical records all the time such as old plats or field notes and other related records. Maybe I'll learn something to report here, keep watching.

I've been reading a great book titled, Iowa Public Land Disposal, by Roscoe Lokken. It was published by the State Historical Society of Iowa in 1942. It has a lot of interesting information about the various processes in which the public lands were sold or otherwise conveyed here in the state. I would recommend this book to anyone interested. I found a copy on eBay, but there are several copies in libraries as well.

Hopefully, I will soon have more to post here on the blog, so keep watching. Now back to my ALTA's.

Iowa Land Records Website Shut Down ...

2008-09-10T13:05:00.004-05:00

Well, sort of. Apparently you can still get index information from there, but you can no longer view or print the actual records. You will need to make the trip to the courthouse for those.

Here's the story from the Des Moines Register: Web site with Iowans' ID data shut down

I notice the Polk County Recorder's Index website has also been modified so you cannot view/print any records other than plats and surveys. I don't know about any other recorder's websites across the state.

So the question is why have they been putting "personal" information on documents that they know are to become public records anyway?

Another question for anybody reading this. Have you used the Iowa Land Records website? And, if so, how did you like it? I've thought the site was incredibly SLOW and sometimes not very user friendly.

Lost Map of Nagaland

2008-09-10T12:48:00.003-05:00

Vishwa Mohan reports on The Times of India website that, "The government has lost all "original documents" — comprising details of boundaries — of Nagaland, in a glaring instance of callous handling of vital public documents."

Govt has lost original map of Nagaland

Copied from the article:

The Union home ministry and the Assam government, which originally kept the records of Nagaland, do not even have the valid "map" of the state which ironically is in the throes of violence sparked by the demand to carve out Greater Nagaland by extending the existing boundaries of the state.

The matter came as a shock to home ministry officials when it was brought to light for the first time by Nagaland during its submission before the Local Commission on the Assam-Nagaland Border here last week.

In response to the commission's direction to submit before it the original documents of the state to settle boundary disputes, Nagaland said it was not in a position to give the written statement unless "its original documents which were purportedly lost by Assam" were returned.

Sources in the ministry said that though several important documents "in original" belonging to Nagaland were earlier submitted to the home ministry and were later passed on to Assam, nobody seemed to know what happened to those "original documents".

The commission has now asked the home ministry and Survey of India to help trace Nagaland's original documents and report the matter to it in the next meeting.

Confirming the commission's direction, a senior home ministry official said the Survey of India office has been contacted to salvage the records. A meeting will take place next month when all the stakeholders — Centre, Nagaland and Assam — will try to find a way out if Survey of India fails to come out with some concrete records, he added.

"The final solution will be to reconstruct the boundaries all over again, which may not be an easy task," the official said, adding the issue may have some far-reaching implications at a time when the ongoing peace talks with NSCN (IM) also hinges around settling the boundary dispute with Assam, Manipur and Arunachal Pradesh. Areas dominated by Naga tribes remained split between Assam and the then North East Frontier Agency (NEFA) till 1963 when the statehood was finally granted to Nagaland.

UPDATE: The Assam Tribune has a related article posted on their website. Read it here - Loss of original papers shocks Home Ministry.

County Border Dispute in Georgia

2008-09-09T12:23:00.002-05:00

A great article by Jennifer Burk posted on macon.com concerning surveying the location of a old county line.

Survey under way to help resolve Bibb, Monroe border dispute

From the article:

Terry Scarborough walked down a drainage ditch off Interstate 75 north, just past the Bass Road exit. The surveyor expertly hopped a rusty barbed-wire fence and made his way through trees and brush to a spot where two men in orange vests waited.

The pair had found an old bedrail marking a corner of a nearby piece of property. It was one of many clues Scarborough and his crew think will ultimately help them solve a 100-year-old mystery, the location of the 12-mile line dividing Bibb and Monroe counties.

What they know is this: A straight line runs from where Crawford, Bibb and Monroe counties meet to the old Ocmulgee River ferry. What they don't know is where the ferry was, and its exact location hasn't been known for at least a century, Scarborough said.

First, surveyors will scout out the western corner, using old surveys, markers, streams, trees and Global Positioning System technology to identify the location, according to survey plans Scarborough submitted to the secretary of state's office.

Then, Scarborough and his crew will approximate the location of the ferry based on old county records. To identify a more precise spot, they will look for evidence of an old road that approached the ferry from the east, according to the plans.

Once they find the road that leads to the preliminary ferry location - and compute an approximate county line - archaeological consultants will examine the west bank of the river. The consultants will search for evidence of the approaching road bed or inconsistencies in the soil that would indicate the former existence of footing reinforcements for animals that labored uphill from the river bank. Ground-penetrating radar will be used to pinpoint the reinforcements.

After the location is identified and an 1877 alteration to the county line is accounted for, surveyors will map out a direct line between the points using GPS technology, Scarborough said. The location of the border will be backed up with evidence of prior surveys along the county line, according to the plans.

That, however, is still months ahead. Surveyors are working to find and record known property markers - stakes, stones, bedrails and anything else that could be stuck in the ground - to orient themselves with the area, Scarborough said.

Sounds like a very interesting survey job. I hope to read more about it when it is finished.

Landowners vs. Bike Trail in Ohio

2008-09-09T12:13:00.002-05:00

The Columbus Dispatch has an online article by Josh Jarman about residents in Licking County, Ohio, who are suing and being sued because of a deal made to convert former railroad property into bike trails.

Landowners sue Licking County in bike path tiff

From the article:

The dispute centers on the Thomas J. Evans Foundation's plans to convert a rail bed that it leased to a scenic railroad group until last year into a bike path open to the public.

The foundation bought the rail line in 1984 for $100,000, and officials said they have the right to complete the project. Homeowners said that all the foundation bought was the right to run a train on the tracks, and when the tracks were removed last year, the land reverted to them.

Sri Lanka Woman Killed in Land Dispute

2008-09-09T12:03:00.004-05:00

In yet another story to add along with yesterdays posts, here's one out of Sri Lanka's Daily Mirror website:

Woman killed over land dispute

From the article:

Mirissa Lankawage Nimalka Sanghadasa (51) was brutally killed on Friday over a land dispute, Kandana police said.

The disputed parties had been summoned and questioned on three occasions over a land issue by Kandana Chief Inspector H.A.N. Abeygunawardane and were warned and instructed to seek a decision through a civil case.

Land Dispute Leaves 8 Dead, Côte d’Ivoire

2008-09-08T12:37:00.003-05:00

And another in Côte d’Ivoire (Ivory Coast) as reported on the website for the African Press Agency:

Côte d’Ivoire – Land dispute

From the article:

A land dispute which sparked clashes between the inhabitants of Lobi and Koulango has left eight people dead and 21 others wounded in the Bondoukou region.

The crisis is believed to have erupted at a time when inhabitants in Abouabou travelling to Gonzaqueville to demarcate their land were attacked by the inhabitants of this village.

Land disputes between indigenous and non-native populations are rampant in Côte d’Ivoire.

Connecticut Property Dispute Ends in Death

2008-09-08T12:22:00.002-05:00

Here's another one from Pemberwick, Connecticut as reported online at the Greenwich Time website by Debra Friedman:

Property dispute at crux of slaying

From the article:

Police said Lombardi was the former daughter-in-law of the murder suspect, 75-year-old Gerardo Lombardi, of 38 Nicholas Ave. Thursday's incident occurred next door to Gerardo Lombardi's home, in the backyard of 36 Nicholas Ave., and appears to have been the result of an on-going property dispute between the two, according to police, who said Alison Lombardi had a property interest at 36 Nicholas Ave.

According to police, Alison Lombardi had hired surveyors in anticipation of erecting a fence on the property at 36 Nicholas Ave. This appears to have precipitated the confrontation that took place in the backyard, police said.

Greek Land Dispute Ends in Death

2008-09-08T11:36:00.002-05:00

This article appeared on the website for the English edition of Kathimerini and can be read there at the following link:

Two pensioners dead in Salamina land row

Since it is short, I have copied the entire story below:

A dispute over land appears to have led an 85-year-old man to shoot dead his 80-year-old neighbor on the island of Salamina, near Piraeus, yesterday before he suffered a heart attack and died.

The neighbors had been in a dispute for some time about who owned a tiny piece of land between their two plots. An argument flared when the 80-year-old grandmother began taking down a fence that her neighbor had put up around the disputed section.

The 85-year-old argued with her and then went into his house to get his hunting rifle. He returned and shot his neighbor in the chest, according to police.

The pensioner then lost consciousness and collapsed. He was taken to the local hospital after neighbors called the authorities but was declared dead from heart failure. Neither of the pensioners was named.

Best Time to Survey Land

2008-08-14T07:29:00.003-05:00

Burk Cornelius, the executive director of the Oklahoma Society of Land Surveyors, was interviewed for a recent article by Chris Jones posted at NewsOK.com.

Best Time to Survey Land is Before Problems Can Arise, Expert Says

The short article starts out about the importance of knowing where the property lines are before building a fence, but also gives a few other resasons to have a survey.

So, when is a survey usually needed? According to the article:

Before a land title is transferred.
Before land is subdivided.
Before land is developed by construction of buildings, roads or fences.
Before a boundary dispute arises.
Before a building or a fence is to be built near a property line.

All good reasons why you should consider having your property surveyed by a licensed professional land surveyor.

Surveyor Searching for Steve Fossett

2008-08-06T12:35:00.002-05:00

A McCook, Nebraska, native and land surveyor for the U.S. Bureau of Reclamation gives some insight into his search for missing adventurer and pilot Steve Fossett in an article posted on the McCook Daily Gazette website.

Check out the article at: McCook Native Closing In On Fossett Wreck?

Mike Larson and his colleague formed a search team and are using private and public sources of information to narrow down their search to a 15 square mile location southwest of Hawthorne, Nevada.

Arkansas Museum Map Exhibit

2008-08-06T12:13:00.002-05:00

An article posted at The Daily Citizen website lets us know there is a new map exhibit at the Old Independence Regional Museum in Batesville, Arkansas.

So if you've got a little time and happen to be in the Batesville area, you might want to check it out. It sounds interesting.

From the online article:

Maps have been guideposts for travel and exploration and have expanded people's understanding of the world since the earliest of times. Old Independence Regional Museum focuses on this through its new exhibit “Maps: From Here to There and Then to Now.” It will display maps from the distant past and digital interactive maps in the present. The exhibit will be on view from Aug. 16 through the end of 2008.

Of special interest is an exhibition of Carter Yeatman's Historic Arkansas map collection, which spans the years from 1821 through the 1860s and one dating cerca 1920. Each map illustrates the beauty of early cartography and also shows how the boundaries of the state and its counties changed during those decades.

Early survey maps display how the rectangular Public Land Survey System of measuring land worked, instead of using the former “metes and bounds” method of measurement in relation to landmarks.

Information about land patents and homesteads is mounted next to an original copy of each.

One exhibit shows a surveyor's Vernier compass, used by Joseph Southard, surveyor for Independence County from 1872-1896. His original measurement “chains” and stakes are displayed as if in use.

Another survey instrument on view, a level on wooden tripod, was used from 1930s until the 1960s by Jess Cox, who farmed in Woodruff County and surveyed rice levees in Northeast Arkansas.

Along with the map exhibit are a few scheduled programs. One in particular has the Independence County Surveyor speaking on "Land Surveying Then and Now," on August 10th.

Sounds like an interesting exhibit. Read the actual article for more information by clicking the link below.

Museum's Map Exhibit Goes Up

Learn more about the museum at: Old Independence Regional Museum Website.

Juvenile Offenders Learn Land Surveying

2008-07-29T07:29:00.002-05:00

An article from The Telegraph out of Alton, IL, by Maggie Borman looks into a program aimed at first-time misdemeanor juvenile offenders. Check it out at:

Program Aimed at Juvenile Offenders

From the article:

The Two Rivers Juvenile Diversion Program recently initiated in Jersey County provides first-time misdemeanor offenders and other at-risk youth a positive alternative to juvenile court or other consequences.

The program offers diversion services to both teenage and pre-teen boys referred to the program by parents, school administrators, the Jersey County Circuit Court and Jersey County probation officers.

In Jersey County the program provides services to boys from ages 12 to 15; if a youth is referred by the court, the youth is mandated to complete the 13-week course in lieu of going through the court system. Youths participate in structured group meetings focused on teaching "the realities of breaking the law" and positive options. Court-referred youths must complete 40 hours of community service.

Hatfill said on the first meeting night, the youth are given a tour of the Jersey County Courthouse and the Jersey County Jail. Additional two-hour sessions held at the Assembly of God Church in Jerseyville include goal setting, team building, service/learning project, healthy living, drug/alcohol awareness, career awareness, character education, anger management, positive relationships, community resources and a graduation night.

One major adventure trip also is provided, and this time it is a three-day camping trip to Potosi, Mo.

"This program gives at-risk youth an opportunity to stay off the wrong path and keep them on the straight and narrow, and out of the court system," Goetten said. "And any program that helps kids do that and allows us to see fewer kids cycle through the courthouse is a darned good one."

Turpin said nine of the Jersey County participants attended the field trip to the Scout campgrounds in Potosi and thoroughly enjoyed themselves.

Among the activities were swimming, canoeing, kayaking, hiking, spelunking, fishing and - for some - being taught to swim. They also learned archery skills, land surveying, using map and compass skills, and astronomy, viewing the night sky via telescopes.

"Most of the boys didn't want to leave and would like to have spent another week at camp," Turpin said Thursday.

Something's Just Not Right in Happy Valley-Goose Bay

2008-07-22T09:51:00.005-05:00

The Labradorian online news site has an article by Lorie O'Halloran concerning building permits and surveys in the town of Happy Valley-Goose Bay. Check it out at:

Something's Just Not Right

It seems Jackie Dyson came home one day to find her neighbor building a fence on property she thinks she owns and taking her shed as well.

According to the story, the neighbor, John Neville, had his property surveyed and obtained a permit to build a fence. You might think that he would have approached Dyson about the results of the survey, but apparently he didn't want to wait to get that fence built and claim the shed.

The town mayor and the person issuing the building permit are both a little defensive and claim that since Neville had the survey they issued the permit without question. Why wouldn't they? After all, it's not their job to verify surveys and property lines. It seems the author of the story believes it is the city's responsibility to prove ownership.

The surveyor who surveyed the Neville property refused to comment more than saying, "I'm not going to go there at all, not a word. You can talk to my lawyer if you like."

Another surveyor was interviewed for the story. He stated that, "the information a surveyor gets comes from the person hiring them." And, "the way it works with land surveying is the surveyor only provides the client with documentation telling them the size, location and shape of their land, that doesn't provide them with title." Further, "basically a surveyor identifies the parcel of land the person claims to own, then the legal system determines if they have the legal right to own it."

The mayor explained that the proper manner to deal with this is for Ms. Dyson to get a court injunction to stop the construction and get a surveyor to survey her land.

Dyson is later quoted as saying, "That's the problem, nobody wants to take responsibility for this situation." Apparently neither does Dyson as the story says she has put her home up for sale and wants nothing more to do with the situation.

Let's hope the new owners decide to have the property surveyed to help clear up the problem.

Surface Water Drainage - Court of Appeals

2008-07-19T09:35:00.003-05:00

An opinion concerning surface water drainage was filed earlier this week (Lysenko v. Jensen, No.8-163/07-1282).

This case considered whether property owners were entitled to injunctive relief after neighbors caused obstruction to the natural flow of surface water drainage.

The Lysenkos and Jensens are neighboring property owners. In 2002, Lysenko purchased a lot in a new subdivision and had the developer build a home. Other homes were built in the subdivision and in 2005, the Jensens, using the same developer, built their home directly east of the Lysenkos.

A couple months after building their home, Jensens hired a contractor to do some landscaping and brought in 13-16 truckloads of dirt to raise the grade of their yard and build a berm between them and the Lysenkos. After the landscaping was completed the Lysenkos began to have water problems on their property.

Lysenkos filed a petition requesting the Jensens be enjoined from obstructing the natural flow between the properties alleging that Jensens raised elevation and berm substantially increased the volume of water on their property. The district court found that the natural flow of water was across the Lysenko property onto the Jensen property and that the natural flow was present even before the construction on the Jensen property. Additionally, the raised elevation and berm may result in additional pooling of water in the Lysenko back yard. However, the district court concluded that this was not a significant alteration to the natural flow such that the extraordinary remedy of injunctive relief should be granted, thus denying the Lysenkos' request. Lysenkos appealed.

In the Court of Appeals analysis we learn that the common law rule "recognizes a servitude of natural drainage as between adjoining lands. Under this concept a servient estate must accept surface waters which drain thereon from a dominant estate." A party may petition for injunctive relief if the natural flow of water is wrongfully altered. However, the grant or denial of injunctive relief, of any nature, unquestionably rests in the sound judicial discretion of the court ... In determining whether to excercise its discretion to grant or refuse an injunction, the court should balance all of the equities, which include not only the relative hardships to the parties, but their conduct with reference to the transaction, the nature of the interests affected, and the relative proportion of the interests of each that will be lost by whichever course of action is taken. "Equity usually invokes its extraordinary injunctive power only when necessary to prevent irreparable harm or when the complaining party is otherwise without an effective remedy."

The Lysenkos argued that an injunction was the only remedy available to them.

The developer testified that he graded the lots on this street so that water flowed from west to east, with each lot designed to drain onto the Lysenkos' property, which then drains onto the Jensens' property and then toward the Jensens' back easement. The developer also supported the Lysenkos' claim that the berm acted as a dam and prevented the natural water flow and drainage.

The Jensens' landscaping contractor testified that although the landscaping did alter the natural flow of water between the properties, it should not have caused water to pool on the Lysenko property. He also testified that the berm prevented water form flowing onto the Jensen's property and directed the water down the fence line of the Lysenko property.

The Court of Appeals concluded that the Lysenkos demonstrated that the Jensens altered the natural flow of water as originally graded and caused pooling of water in the Lysenkos' backyard. They compared the Lysenkos' harm with the hardship or loss to the Jensens from the issuance of an injunction. To remedy the situation, the Jensens would only be required to alter their landscaping by removing some fill dirt and eliminating the berm. Additionally, the record did not contain any testimony indicating that if the Jensens were required to regrade and remove the berm, their property would be harmed in any manner. And by returning the back yard to the intended grade and allowing proper drainage is the only effective remedy available to the Lysenkos.

The Court of Appeals further concluded that the Lysenkos were entitled to injunctive relief and reversed the district court's order and remanded for entry of an order granting the injunctive relief requested.

The Flood of 1851 - Town of Dudley, Iowa

2008-07-18T14:03:00.004-05:00

While doing some research about the early town of Fort Des Moines, I came across a paper given by Fred T. Van Liew to the City of Des Moines at the Centennial Ceremony held in the Chamber of the City Council on May 20, 1943. The paper was titled, "History of Fort Des Moines."

In this paper there is an account attributed to Jeremiah Church, who in 1846 laid out the town of Dudley, Iowa, downriver from Fort Des Moines. Church is quoted as saying:

“I employed a surveyor and laid out the town of Dudley. I then went to work and built the first frame house in the county of Polk. This was in the year of ’46 and part of ’47. I sold goods in that house for two years and made money. We had in the village two stores, one grocery, two doctors, and one blacksmith shop.

We all lived here very well until 1851, when there was the great flood, for it rained forty days and forty nights. The Des Moines river overflowed its banks, and was from two to five miles wide, and flooded a number of small villages, including the town of Dudley. We concluded it would not do to make a town where there was danger of being drowned, so I then laid out the town of Carlisle, situated about two miles back from the river, determined to keep my head above water. The citizens of old Dudley then commenced moving into the new town of Carlisle. I however, still lived in the town of Dudley. When the water came into the house, I moved upstairs, and lived two weeks. There was a gentleman came down from the fort in a skiff and ran right through the town of Dudley, but I remained until the water went away.”

I thought this interesting considering our recent experiences with flooding on the Des Moines River here 157 years later.

NC College To Add a Surveying Program

2008-07-17T10:49:00.002-05:00

There appear to be surveying jobs available in North Carolina for educated technicians. Brunswick Community College is adding a course in land surveying technology due to "surging demand" from engineering and land surveying companies.

Click here for the article as posted at Star News Online

From the article:

In both courses and facilities, the college is growing. It's about to gain another new course - land surveying technology - to prepare students for a surging demand in the area.

"We had an identified need from engineering and land surveying companies," Greiner said. "There are a considerable number of jobs available" because of development.

Classes start in the fall and will be held on BCC's main campus and also at its Leland facility, Ladley said. They will teach students how to identify and lay out property lines and go over the setbacks and regulations to determine where things should be built, Greiner said.

Ladley said there are 14 students in the registration process so far for the surveying technology program.

IaRTN Website Announced

2008-07-11T14:18:00.002-05:00

The new website for the Iowa Real Time Network (IaRTN) was announced earlier this week. The website contains information about the status of the project and some answers to your questions on equipment you need to use the service. Check it out at:

http://www.iowadot.gov/rtn/

You can also sign up to receive news and updates on the deployment and opernational procedures for the IaRTN by clicking on their "Contact Us" link.

Iowa Real Time Network (IaRTN)

2008-07-03T09:37:00.004-05:00

Coming Soon! I have been told that a new website for the Iowa Real Time Network (IaRTN) is soon to be announced. The IaRTN website is intended to keep interested parties updated on the progress of the installations, when the network will become operational, and answer questions on operational requirements & procedures.

Steve Milligan, the Statewide RTN Coordinator for the Iowa DOT, gave me a little update on the status of the program so far:

"The project had a setback right after the Land Surveyor's conference due to a major change in Leica's project team. The new project team is now up to speed, and we are starting the installation phase the week of July 14th. Leica will start with hardware & software installations in our IT department in Ames, and then proceed to the GPS station installations in District 1 and then the rest of the state. They plan on having the GPS stations installed state-wide by October, the testing completed in November with the network operational by December 1st."

"We plan on having a training session for GPS equipment vendors, and informational/training sessions around the State for surveyors prior to the network becoming operational. The IDOT will support network issues, operational requirements and procedures, and minor GPS equipment issues that we are familiar with, but the major emphasis on GPS equipment issues will be placed on the GPS equipment vendors."

I will be waiting to hear the address for the new IaRTN website and have it posted here and at www.iowasurveyor.com as soon as I know it.

Iowa GIS in Professional Surveyor Magazine

2008-06-27T12:14:00.002-05:00

Just got my July 2008 issue of Professional Surveyor Magazine and see there is an article by Matt Sorensen & Adam Teale concerning their efforts to to help two Iowa counties with GIS mapping. See "Solid Foundation" beginning on page 14.

One of the counties they highlighted was my home county of Guthrie. Although I don't do a lot of surveying in Guthrie County (I commute to and work mostly in the Des Moines Metro area), I have done some there and it is great to see that they are moving into the 21st century. I'll definately have to check out the website mentioned in the article: www.guthriecogis.com.

One question that I have now is where do they keep this existing survey research they so tediously compiled over the years that included GLO plats? Apparently I have been talking to the wrong people there. Don't get me wrong, they have good records and such, but for the surveyor who doesn't survey much there, it's not that easy to find stuff, especially in the engineer's office. I mean no offense Kris, but if you're not there, who should I talk to that knows about these things?

Anyway, it was good to see an article concerning Iowa in the national magazines even if it was written by surveyors from Missouri.

NSPS Foundation Disaster Relief Help Available

2008-06-13T14:13:00.003-05:00

I was just forwarded the following e-mail:

NSPS Foundation Disaster Relief Help Available

With the recent weather-related disasters in the Midwest , the NSPS Foundation stands ready to provide assistance to our fellow surveyors when disasters strike.

We would appreciate your help in spreading the word that disaster relief applications are being accepted, whether the applicant is an NSPS member or not. The primary requirement is that the geographic area where the applicant resides, must have been designated a disaster area by a federal, state, or local government authority. Those requesting funds will need to submit a copy of the declaration of disaster along with the request for funds. If no government authority declares an emergency, other supporting evidence of the loss may be considered.

Attached is an application and guidelines governing the program. Completed applications and supporting documents will be accepted by regular mail, fax or email.

Please feel free to contact Dawn James with any questions at 240-632-9716 (extension 113) or dawn.james@acsm.net.

Thank you for your assistance in promoting the NSPS Foundation Disaster Relief Program.

P.S.
Donations of any amount are also being accepted to the fund as we try to build it back up after disbursements are made. You can make checks payable to the NSPS Foundation Disaster Relief Fund and mail to NSPS headquarters. Thanks much.

Click here for the application

Click here for the guidelines

Peter Huber Just Doesn't Understand

2008-06-11T09:08:00.003-05:00

In his May 19 Forbes article "Good Data Make Good Fences" Peter Huber tries to make the case for the local GIS guy, Garmin, Trimble and Google to put the professional land surveyor out of business.

One has to wonder if he has recently been the poor "victim" in a property dispute where he "lost" land because the dastardly surveyor put the pins in the "wrong" place.

Click here for a PDF version of the article.

Quoting Mr. Huber:

"Deciding who owns what in dirt-space has been slow and expensive for as long as people have relied on paper rather than force to decide it."

"Digital technologies are now easily powerful enough to draw precise boundaries around anything, anywhere, and instantly link the delineated space to any written record that affects ownership and use."

"The boundary lines come from companies like Garmin and Trimble ..."

"Rules are needed to standardize the registration of every significant claim of interest. The objective should be a system so wired that courts won't enforce any claim that isn't digitally recorded ..."

"The cost of getting official clearance to build, develop, fence off, subdivide, mine, buy, mortgage, sell or inherit will drop sharply."

If you check the comments section of the online article, you will see that Curt Sumner and others have already started to jump in and try to educate Mr. Huber and others reading the article.

We as land surveyors need to do more to educate the public at large about digital/record versus physical property boundaries. If we begin to assume that the record dimensions must hold in every case, the courts would be over crowded with property disputes. This sort of thinking is why we have rules and laws to help determine the rank and importance of evidence of actual monuments and actual ran lines over the dimensions shown on the plat.

Technology is a wonderful tool, but to let it supercede the physical truth that has guided the profession of surveying and real estate law for centuries would create widespread chaos that would seriously threaten the welfare of the public.

Surveyor Logic Puzzle

2008-06-06T13:04:00.003-05:00

Thought I would post a logic puzzle today. The solution or hints will likely be posted in the comments at some point, so if you want to figure it out yourself, don't read the comments until you are finished.

The Puzzle:

Five surveyors worked in a growing town. One was employed with the city while the other four worked for private companies. You could always tell who had surveyed a property because each surveyor preferred to use a different color of ribbon on his stakes and also used different monuments.

Determine where each surveyor was employed, which size & type of monument he used and his ribbon preference.

Clues:

Charlie, who didn’t work for the City, didn’t use pipes. The Survey Solutions surveyor didn’t use the ½-inch monument. Bob, who didn’t work for Rocket Land Surveying, used rebar, but not the 1-inch size.
Ed, who didn’t use rebar, used a larger monument than the surveyor who used blue ribbon.
The two ¾-inch size monuments were a pipe and the monument set by Blue Moon Surveying. Archie from Survey Solutions didn’t use rebar. Doug used a ¾-inch monument, but it wasn’t a pipe.
One of the surveyors who used rebar also used green ribbon. The City surveyor used rebar.
The two surveyors who used pipe were the one who also used orange ribbon and the Zodiac Engineering surveyor. One surveyor’s rebar was the ½-inch size.
The surveyor who used pink ribbon also used rebar, but not the ½-inch size. The square bar wasn’t set by the surveyor who used yellow ribbon.

Click here for a link to the puzzle in PDF format

Some people like to use a grid to help solve these types of puzzles. If you want a grid to help you, click here.

Hope you enjoy the puzzle.

Rediscovering a Hero Among Us

2008-05-29T12:07:00.002-05:00

An interesting story by Susan Dibble of the Daily Herald out of Illinois.

Rediscovering a hero among us

In a couple days, a former land surveyor, who also happens to be an honored Revolutionary War veteran, is having his grave dedicated in the Big Woods Cemetery in Aurora, Illinois.

From the story linked above:

Israel Warner was born in 1768 and died in 1862. Son of Seth Warner, co-founder and commander of the famed Green Mountain Boys of Vermont.

Israel at age 9 rode a galloping horse to carry a critical message from his father to bring in re-enforcements at the Battle of Bennington. Israel served the entire duration of the Revolutionary War and was discharged at the age of 15.

By age 16, Israel became the head of household when his father died. Israel supported his mother and family as a land surveyor in Whitehall, New York.

An anecdote published in an 1864 Harper's Monthly said George Washington so highly regarded Seth Warner as a patriot that after Seth's death Washington personally rode to the Warner family farm to pay the mortgage and save it from foreclosure.

Israel Warner's grave is to be dedicated on Saturday, May 31st. About 50 Revolutionary War and Civil War re-enactors will be there along with several active servicemen to give a gun salute. Rebecca Hougher, Israel Warner's great-great-great-great granddaughter from Iowa will be there as well.