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Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 3:46 pm
by CBarrett
mpallamary wrote: Thu Jan 13, 2022 2:59 pm
Needless to say, the ROS I am preparing will be a necessary indictment of this pathetic policy.
If plat and a legal description is ONE document and an LS signs for it, wouldn't anyone's policy to decimate this document infringe on our/your duties as a licensee? They would be tampering with a document which has legal standing by state laws.
I don't know a huge amount about laws, but as far as I know policies, local practices bylaws, and even local ordinances can not infringe upon state law. State Law gives LS licensee jurisdiction? over preparing legal descriptions - if a licensee says that the exhibit is a part of that description in order to have a complete document, legally it should be the end of the story. A non licensee can not be tampering with a signed document - even an LS licensee can not tamper with a document signed by another. They may have qualifications to call it in question, but not modify it.
Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 5:18 pm
by mpallamary
I, of course filed a number of complaints with the city. I explained that the preparation and modification of a legal description and plan can only be done by a licensed land surveyor. A deputy city attorney told me I did not know what I was talking about and that it was none of my business with what the city does. This same attorney told me I was unqualified to read a set of engineering plans.
I think there have been three grand jury reports dealing with the city's real estates assets group. I reached out to the city surveyor and they did nothing, nor did they defend the work done by one of their licensed land surveyors. It is to be remembered that incompetency at this level runs supreme at places like the City of San Diego.
Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 5:23 pm
by mpallamary
Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 6:04 pm
by Edward M Reading
Let's get back to the topic here.
Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 6:43 pm
by mpallamary
"Who will govern the governors? There is only one force in the nation that can be depended upon to keep the government pure and the governors honest, and that is the people themselves. They alone, if well informed, are capable of preventing the corruption of power, and of restoring the nation to its rightful course if it should go astray. They alone are the safest depository of the ultimate powers of government."
- Thomas Jefferson
Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 7:34 pm
by Edward M Reading
Nevermind. Carry on.
Re: License to Use Real Property - Description - Land Surveying?
Posted: Thu Jan 13, 2022 7:37 pm
by CBarrett
Ah, pushing against governments collective diffusion of responsibility.
So the real issue is how to enforce the laws when it comes to trying to wag the dog.
What is the BPELSG position on these issues - or is this too politically sensitive to have a position?
Re: License to Use Real Property - Description - Land Surveying?
Posted: Fri Jan 14, 2022 10:15 am
by mpallamary
I have not had any luck seeing any enforcement in this area. As best I can tell, the board's position is the city can do what it wants (and it does).