California Surveyors Forums

I am seeking a little help with the definitions of a few terms as they appear in California state law.

Background: Recently, an attorney provided me with a segment of the "Laws of the State of California" which deals with Swamp and Overflow Lands; more particularly, Chapter CLI: An act to provide for the sale of the Swamp and Overflow Lands belonging to this State (approved April 28, 1855). Wherein, Section 12 reads "All surveys made under the provisions of this Act shall be according to instructions from the Surveyor General of this State, which instructions shall be as near as practicable, in accordance with the surveys of the public lands of the General Government."

Question 1: What were the "instructions from the Surveyor General of this State?" Where can I find them?

Question 2: Does "surveys of the public lands of the General Government" equate to what we commonly refer to as the Manual of Instructions??

Thank you in advance for your help.

I searched this forum for past threads using the key word "swamp" & "swamp and overflow" and came across California Delta Phantom PLSS Elements (Nov 2004). The author, Sunburned Surveyor, asked the question "Do these corners actually exist on the ground, and if they do, what principles do I use to replace them?"

Surveyors responded to the thread with "NOT PART OF THE UNITED STATES PUBLIC LAND SURVEY SYSTEM," "STATE LANDS COMMISSION IS YOUR BEST BET," "check with the office of what ever Reclaimation District the property is in," "This (field notes) was to be filed with the county surveyor," and "Find a copy of 'Chaining the Land'".

My thoughts:
1. Yes, the interior of the S&O was not monumented at the time of GLO survey.

2. The folks at SLC follow the theory that if a patent from the State to a private landowner was described as the NE 1/4 of Section X, the county surveyor would basically measure 2640' south, 2640' east, 2640' north, and 2640' west no matter the true representation of the section. (potential problem #1)

3. The local Reclaimation District has no records for the section in question. (potential problem #2)

4. The county surveyor has no S&O field notes for the section in question. (potential problem #3)

5. I need to find a copy of "Chaining the Land". (Crissy, did you get my order form yet??)

Unless, Bud Uzes reveals something in CTL, my quest for answers continue.

Thank you~

If you have checked with the county surveyor and they do not have the survey notes and plats, then go back to the State Lands Commission and ask them for a copy of the notes and plats. The S&O lands were State Lands (some may be still). The Office of the State Surveyor General was the predecessor to the State Lands Commission. The S&O surveys are state authority surveys and not federal authority surveys and therefore they would not have been executed by the GLO. As to exactly how the surveys were actually conducted, the answer rests with the evidence left behind. The law indicates that they were to be surveyed according to the rules used in the public land system, with the caveat as stated. Did they do that? No one can tell without searching for the evidence that will prove what method if any was used to run and mark the lines on the ground in the first place.

jscarpa,
S&O surveys may be more complicated than you imply in #1 and #2 of your post. Some of the S&O surveys were performed by County Surveyors before the GLO came through, yet the S&O surveys show ties to section corners. Some S&O boundaries were established by the County Surveyor, then the GLO came through and re established part of the boundary. Many S&O surveys also have large misclosures. Also, I've never seen an S&O survey described as an aliquot portion of a section. Always a meets and bounds with ties to the PLSS, or to another S&O. My limited exposure to them has shown me that you really can't assume your statement #1, and you can't always follow a rigid strategy when dealing with them as you state in your statement #2. I'm sure the folks at the S.L.C would agree. You should definitely contact the State Lands Commission with your questions, as they will surely have answers for you. They have the original S&O survey files and various correspondence within those files and they will make copies for you. There may be special instructions or concerns shown within those files as well. If they do not have what you are looking for, at least they will be able to point you in the right direction. You really can't generalize the S&O surveys. Calling the experts at the SLC will offer you some great insight. Good Luck!