REPORT

PUBUC WO SURVEY IN MINNESOTA Prepared by JESSE E. FANT

in cooperation with Minnesota Land Su"9J01'1 Auociation

DEPARTMENT OF CIVIL ENGINEERING-UNIVERSITY OF MINNESOTA-MINNEAPOLIS, MINNESOTA Report on

Public Land Survey in Minnesota

Prepared by Jesse E. Fant

Department of Civil Engineering University of Minnesota Minneapolis, Minnesota

In cooperation with the Minnesota Land Surveyors Association

February 1970 FOREWORD

This report on the Public Land Survey with case studies has been written as a reference book for land surveyors. In addition, it provides a fonnat fa;· individual surveyors to follow when pre­ paring reports on other survey cases. In time a survey case book can be published.

Most of the material contained in this report is from the auth­ or's lecture notes. Considerable study has been necessary to arrive at a fonnat for the case studies. The Manual Convnittee of the Minne­ sota Land Surveyors Association has provided many helpful suggestions. Some of the case studies included are from a 1966 Surveyors' Workshop. The field survey for Case IX was made by Mr. R. Hedman and Mr. A. Or­ sen as part of a class project at the University of Minnesota.

A grant to the Civil Engineering Department by the Minnesota Land Surveyors Association provided funds for the initial writing and re­ search on this report. The author wishes to acknowledge with thanks this financial support.

i TABLE OF CONTENTS

FOREWORD

TABLE OF CONTENTS ii

LIST OF CASES iii

INTROOUCTION 1

HISTORY 10

SURVEY METHODS 16

CASE STUDIES - SUBDIVISION OF SECTION 25

BIBLIOGRAPHY 67 LIST OF CASES

Page Case I Subdivision of Regular Section 26

Case II Subdivision of Fractional Section 32

Case Ill Subdivision of Fractional Section 35

Case IV Subdivision of Fractional Section 38 Mean Bearing

Case V Subdivision of Fractional Section 41 Parallel with One Side

Case VI Subdivision of Fractional Section 44 Astronomic

Case VII Reestablishment of Lost Corner by Single 45 and Double Proportionate Measurement

Case VII I Closing Corners on Standard Parallel 49

Case IX Subdivision of Fractional Section 52 Obliterated Methods

Case X Township 4th Principal Meri di an 59

Case XI Townships 5th Principal Meridian 64

iii INTRODUCTION

"The more extensive a man's knowledge of what has been done, the greater wi 11 be his power of knowing what to do. 11 Disraeli

The difficult problem in writing this report has been the determin­ ation of the order and amount of material to be covered. The total in­ fonnation on this subject would fill many books, and if we follow the quotation above, all knowledge in the field should be used by the land surveyor in making his surveys. By necessity this report only emphasizes the important factors under consideration. Unfortunately this approach requires some knowledge of the total system: history of the Public Land Survey; survey methods of PLS; governing Federal and State statutes; proper surveying methods, court decisions and abi 1ity to interpret and "follow in the footsteps of earlier surveyors."

The six General Rules 1 and the Minnesota statutes which must be followed when making section subdivision are quoted here because the prime purpose of this report is to explain and clarify their use.

First - That the boundaries and subdivisions of the public lands as surveyed under the approved instructions by the duly appointed engineers, the physical evidence of which survey consists of monu­ ments established upon the ground, and the record evidence of which consists of field notes and plats duly approved by the auth­ orities constituted by law, are unchangeable after the passing of the title by the United States. Second - That the physical evidence of the original township, section, quarter section, and other monuments must stand as the true corners of the subdivisions which they were intended to represent, and will be given the controlling preference over the recorded directions and lengths of lines.

1Manual of Instruction for the Survey of the Public Lands of the United States - 1947, Government Printing Office, Washington, D. C., 1947, p. 10

-1- -2-

Third - That quarter-quarter section corners not established in the process of the original survey shall be placed on the line connecting the section and quarter section corners, and midway between them, except on the last half mile of section lines closing on the north and west boundaries of the township, or on other lines betweEh1 fractional or irregular sections_. Fourth - That the center lines of a re~ular section are to be straight, running from the quarter section corner on one boundary of the section to the corresponding corner on the opposite section line. Fifth - That in a fractional section where no opposite correspond­ ing quarter section corner has been or can be established, the center line of such section must be run from the proper quarter section corner as nearly in a cardinal direction to the meander line, reservation or other boundary of such fractional section, as due parallelism with section lines will permit. Sixth - That lost or obliterated corners of the approved surveys must be restored to their original locations whenever it is possible to do so. Actions or decisions by surveyors, Federal, State or local which may involve the possibility of changes in the estab­ lished boundaries of patented lands, are subject to review by the State courts upon suit advancing that issue.

The Minnesota statutes related to the subdivision of sections are:

CHAPTER 5 SECRETARY OF STATE 5.03 - CLERK OF GOVERNMENT SURVEYS. There is hereby created in the office of the secretary of state the position of clerk government surveys and documents for the purpose of receiving and for the safe-keeping of all the records and archives of the office of United States surveyor general for the state as soon as they sha 11 be received from the commissioner of the general land office at Washington, D. C. CHAPTER 389 COUNTY SURVEYOR 389.04 - RULES FOR SURVEYS. In all surveys the courses shall be expressed according to the true meridian, and the variation of the magnetic meridian from the true meridian shall be expressed on the plat, with the year, month, and day of the survey. In subdividing townships, sections, or parts of sections, as established by the United States survey thereof, and in reestablishing lost government corners, the county surveyor shall follow the rules established by or pursuant to acts of Congress, and all such surveys shall be made in strict conformity to the original survey made by the United States. -3-

389.05 - PLATS AND FIELD NOTES. To enable surveyors to conform to the requirements of this chapter, county boards shall pro­ cure and file with the registers of deeds of their respective counties certified copies of the original plats and field notes of the United States surveys. 389.06 - LOST POSTS. When a section or quarter section post originally fixed by the United States survey is destroyed, the surveyor shall fix a new post in accordance with the field notes of the United States surveyor, with similar marks to those placed on like posts by such surveyor.

The Minnesota statutes quoted ahove state thct thP section subdivision methods in Minnesota follow the rules for subdivision of the Federal gov­ ernment. The interpretation of these rules is the main purpose of the report; however, there are other principles that should be analyzed and explained to give a proper perspective to the problem.

The common heard remarks of some abs tractors, engineers, geograph­ ers, land surveyors, and lawyers are: (l) This survey was a land re­ source survey and the surveyors did a very poor job in classifying timber, land and mineral resources; (2) The survey accuracies of the PLS are so poor that the information cannot be used for today's surveys; (3) All of the surveys were made by incompetent people and many of the surveys were fraudulent; and (4) Many monuments were not set in their correct posi­ tions. uther statements of a similar nature could be added to this list.

Although the surveyors were instructed to show in their notes all streams, roads, springs, swamps, ponds, stone quarries, coal beds, peat or turf grounds, mounds, precipices, caves, falls, minerals, ores, quality of soi 1, timber mines, and salt licks, this inventory was net the primary aim of the PLS. These men were not educated as geographers, foresters or geologists and their notes varied considerably in reporting the above items. They did have considerable nature lore which resulted in a good timber and land inventory.

The survey accuracies were low but this has nothing to do with -4-

the present-day use of the PLS. Even today, as we approach more nearly true measurements, any preexisting sys tern, even one of a few years ago, becomes subject to rerinement. The government surveyor did his surveys with crude and low accuracy instruments, the compass and the Gunter's chain, in the wilderness preceding settlement. This survey was one of few in nistory in which the land \-Jas surveyed before settlement and sold to individuals. The Public Land Survey was a remarkable achieve­ ment, quite accurate for the time, and supported oy legislation which made ttle survey usable for all time if the monuments had been pre­ served.

State, county and local governments have not maintained the monu­ ments nor have the land surveyors educated the land owner in the value of these monuments; hence many thousands of i ndi spensab le property mark­ ers are missing at this time. Naturally using the original field notes without the monuments results in many new positions for property corners. Tt1e proolems connected with a complete remonurnentation program are stag­ gering and the costs of surveys with incomplete monumentation are tre­ mendous. It is imperative that the work being done today must be accur­ ate and complete and of public record so that repetition can be avoided.

The men who made the Public Land Surveys varied greatly in tech­ nical competence. There were some outstanding and well educated men, some politicians and many frontiersmen. The latter classification prob­ ably is most typi ca 1 of the early government surveyor. A frontiersman exists and carries on his work ahead of civilization, in effect a compe­ tent, self-sufficient, curious, adventuresome, and self-sustaining indi­ vidual. tie may have lacked some surveying skills but nevertheless he de­ serves our admiration for doing a difficult job. Less than five percent of the surveys done prior to 1910 (when contract system ended) have been proven fraudulent. This is a remarkable record considering that most of the work was unchecked.

Those who say that the monuments were not set in their correct positions are not knowledgeable in the details and use of the Public Land Survey. They are probably referring to the fact that the dimensions -5-

and directions between monuments do not check the values in the field notes or on the township plat. The correct position, Rule 2, page l states tnat the monument as set represents the correct position for the corner. This is a remarkably far-signted rule and places the distances and directions in a secondary position. It must be tnis way for a low accuracy survey and permits multiple values on distances from subsequent more accurate surveys. Those persons who work with surveys and descri p­ t ions must recognize that all survey measurements, distance and angle, are only approximations of the absolute values. The reliability of the measurements is a function of the instruments used, ability of the survey crew, and, for remeasurements, the permanence of the monuments. Dis­ tance nedsurements have been made from pacing to electronic instruments with high accuracy; angle measurements by compass to optical theodolites; monuments are all sizes and shapes with varying degrees of permanence. There is little wonder that many people are confused by the magnitude of conflicting measurements, and, without qualifying statements to accompany this information, it is next to impossible to interpret cor­ rectly. Fortunately, with high accuracy instruments, the measurements today can be very reliable, almost divorced from personality, permit­ ting an analysis of old surveys as to their value in solving today's problems. Tnis approach will require highly skilled surveyors and lawyers using new standards and specifications. Unfortunately these standards do not exist at the present time. For the time being, those who say "the monuments were not set in their correct position 11 should not be professionally active in surveying and description writing.

The above views are interesting but not of prime importance. The main concern is with the proper present-day use of the PLS which re­ quires a thorough knowledge of the system. This becomes complicated be­ cause this survey covers a great span of time, 1785 to the present; the methods have continually been improved and refined; there have been many stages in instrument development and use; the legislation controlling the survey was not all created at the same time; and resurveys are sub­ ject to state law and judicial interpretation. Add to the above the complicating factor in description writing that the description must mean the same thing to the writer, the surveyor who must locate tne description, the lawyer, the recorder, the auditor and the owner. ,hese men have greatly divergent professions and vocabulary, making communi­ cation very difficult. An example of the confusion that can exist is -6-

best illustrated by a sample situation. See Figure l.

An owner is to sell part of the southeast quarter of Section 15 of a particular township.

I 6 5 I 1 4 3 2 I 'Section

7 8 9 ~ 11 12 [',_ / ~ I . \ I 18 17 1\) 15 , )4 13 I ' - "--~V 19 20 21 22 23 24

3(; 29 28 27 26 25

31 32 33 34 3ti 36 0 - Monuments

Figure 1. Township

All monuments were found in Section 15 and are in their original positions. Original and recent (accurate) field survey dimensions are shown in Figure 2.

NL'4 Cor West 39.95 Ch. 39.95 Ch.

..c: -=u .+-> ~ 0 0 c::::t z W½i Cor. A ! E¼ Cor. I 88°~ I ,:i -u C ---,-L-:::,_ 0 c::::t c::::t ,-..... 8 "d" o I o \.0 91 92 N l\ 40.2 lich. F ✓ West S¼ Cor. 2652.40 ft

Figure 2. Section 15 -7-

The seller owns the southeast quarter of the southeast quarter; he desires to sell the east part of this tract. He might sell the east part by one of the following descriptions:

1. East half of the southeast quarter of the southeast quarter 2. East 20 acres of the southeast quarter of the southeast quarter 3. East 660 feet of the southeast quarter of the southeast quarter

Many thousands of descriptions are written in one of the above ways and to many people they mean the same area. If a man owns 40 acr2s (nominal), why doesn't "the east 20 acres" mean the same as the 1'east nal f of the southeast quarter of the southeast quarter?" If the farmer owns an area one-quarter mile by one-quarter mile (1320 ft x 1320 ft nominal), why doesn't "the east 660 feet" represent 11 one-half 11 of his land? These statements can best be explained by analysis of the complete survey.

The survey of the seller's quarter-quarter section is as follows: (1) run straight lines between the opposite quarter corners (from east quarter corner to west quarter corner, north quarter corner to south quarter corner); (2) at the intersection of the two lines set the monu­ ment for the center of section. (This method of locating the center of section follows the Federal Rules and is correct in Minnesota. Some states have state laws which are a modification of this method to lo­ cate the center). The section is now divided into quarters, i.e. north­ east, southeast, southwest and northwest quarters; (3) measure the four sides of the southeast quarter and establish the sixteenth corners at the mid-points of the four sides, i.e. establish a monument (A) at the mid-point between the center of section and the east quarter corner, and likewise for B, C, D; (4) run straight lines between opposite monuments on the sides of the southeast quarter, i.e. from A to Band from C to U; (5) at tl1e intersection of these two lines, a sixteenth corner, set a monument. The southeast quarter is now divided into the southeast quarter of tne southeast quarter, the northeast quarter of the southeast quarter, etc. Each of these quarter-quarters is nominally a 40-acre -8- tract but they are not exactly 40 acres nor are they the same size or shape.

The survey of the east half of the southeast quarter of the southeast quarter is as follows: (1) follow the Federal method of subdividing and determine the mid-points of the north and south sides of the quarter­ quarter, i.e. Points E and F, Figure 2; (2) connect these points with a straight line. That part to the east of the line is the east half of tne soutneast quarter of the southeast quarter. The dimensions are:

north side 685.62 ft. south side 663.10 ft. By Federal methods area 20.48 acres

If the description of the remainder of the southeast quarter of the southeast quarter was written "All of the southeast quarter of the southeast except the east half of the southeast quarter of the southeast quarter," the survey of the east half could be by area1 and not by the Federal method. To subdivide by area the exact size is determined by a complete survey (angles and distances) around the southeast quarter of the southeast quarter. The surveyor would then compute the position of the west line of the east half of the southeast quarter of the southeast quarter so that the line is parallel with the east line, and exactly half of the southeast quarter of the southeast quarter is east of said line. The din~nsions of the east half of the southeast quarter of the southeast quarter by this method are:

north side 674.36 ft. one-half of area: south side 674.36 ft. west line parallel area 20.48 acres to east line

1one half or one quarter of an area is not the same as one half or one quarter when subdividing a section. The Federal method of subdividing sections by connecting mid-points of the sides of a trapezoidial figure does not result in equal halves or quarters. For descriptions which are not Federal patents there can be considerable question as to which method to use. -9-

As can be seen, the area is the same for the two methods but the location of the west line differs appreciably.

The survey of the east 20 acres2 of the southeast quarter of the southeast quarter requires a complete field survey with angles and dis­ tances determined around the southeast quarter of the southeast quarter. The location of the west line of the east 20 acres would be computed so that 20 acres is east of the line and the line is parallel with the east line. The dimensions are:

north side 658.43 ft. 20 acres east of a south side 658.43 ft. line parallel to east area 20.00 acres line

The survey of the east 660 feet is simpler in that the west line is located 660 feet west of (perpendicular measure) and parallel with the east line. The survey is far easier to make than the area survey. The dimensions are:

north side 660.40 ft. south side 660.40 ft. area 20.06 acres

To summarize, the four descriptions have been used in the past by different description vri ters to convey the same area. This multi pl i city of interpretation has :aused thousands of boundary prob 1ems. The fo 1- 1owing explanation o- :-he Public Land Survey will be accompanied by stand­ ard usage descriptioi, so that we will interpret descriptions the same way--or more specifically if we write a description it has only one in­ terpretation. This explanation of the Public Land Survey is not meant to be exhaustive or even applicable in all Public Land Survey states. In complicated situations the land surveyor should have all information on monuments, cultural features, prior surveys, all notes, easements, title records and Stite and federal laws before methods of particular surveys can be determined. This report will give classical examples of descricticns. Llf two descriptions are the east 20 acres of--and the west 2u acres :r __ tne Federal method could be considered even though neithE:r descri::i'"i,.-in could have beeri a Federal Patent. If the west part is written, "All of ---dexc~pt tne east one-half II then the indicated method shoul a e use. II. HISTORY

The Public Land Survey was originated by the Continental Congress following the Revolutionary War. At this time the colonies were loosely bound together and were i~ effect separate countries with t~e power to coin money and wage war. Several states had indeterminate boundaries and in several cases their boundaries overlapped. It was decided early in the deliberations concerning the confederation that if the states ceded their undeveloped western lands (mainly west of the Allegheny Mountains) to the Continental Congress (Federal Government) it would gain much needed central authority and finances through the sale of these public lands.

A congressional committee proposed in 1778 that the states cede their western lands to the Federal Government. The cessions followed from 1780 to early l800's. In 1803 the Louisiana Purchase added greatly to the Public Domain which was eventually surveyed under the PLS. The early history of the PLS is given in "American Rectangular Land Survey Sys tern, 1784 - 1800. 11

After the Virginia cession of lands a corrrnittee of three headed by Thomas Jefferson was formed to propose legislation for the layout plan and surveying of the western lands. The work of the committee resulted in the Ordinance of 1784 which was partly unacceptable and never passed into law. It was referred to another committee headed by William Gray­ son. The revised Land Ordinance of 1785 was passed on May 20, 1785. This ordinance, very simple in nature, called for the survey of townships containing approximately 23,000 acres, each township marked on the plat into lots of ·one mile square, and half of the country sold only in town­ ships and the other in lots. The surveys were to be under the Geographer -11- of tne Ur.itec States. Tne survey was to start at the intersection of the Uhio R1ver with a line run north from the southwest corner of the state of Pennsylvania and was to extend over seven ranges of town­ ships in the present state of Ohio. The surveys were started in the summer of 1785 but very little was accomplished the first year. Survey procedures changed greatly during the next fifteen years, 1785 - 1800, as surveyors, lawyers and owners started to use the system for the location and title of property. A brief summary of the important early legisla­ tion in the PLS is given to provide the origin of the six General Rules.

The Ordinance of 1785 provided for townships 6 miles square, con­ taining 36 sections of 1 mile square. The townships were laid out in ranges extending northward from the Ohio River, the townships being numbered from south to north, and the ranges from east to west. Only the exterior boundaries of the townships were surveyed. The location of the monuments set and the section numbering system are shown on Figure 3. The minimum size area sold was the lot (now called a sec­ tion) of one mile square.

36 30 24 18 12 6

35 29 23 17 11 5

34 28 22 16 10 4 o- Monuments 33 27 21 15 9 3

32 26 20 14 8 2

31 25 19 13 7 1

Figure 3, Section Numbering-Ordinance 1785 -12-

The Act of May 18, 1796 (l Stat. 464) provided for the appoint-· ment of a surveyor general. The section numbering was changed to that shown on Figure 4. This system is still in use.

6 s 4 3 2 l

7 8 9 10 11 12

18 17 16 15 14 13

o - Monuments 19 20 21 22 23 24

30 29 28 27 26 25

31 32 33 34 35 36

Figure 4, Section Numbering 1796 to Present

The Act of May 10, 1800 (2 Stat. 73), provided that the townships be subdivided into half sections of 320 acres each, as nearly as may be, by running parallel lines through the same from east to west and from south to north at the distance of one mile from each other, and marking corners as shown on Figure 5. In all cases where the exterior lines of the townships thus to be subdivided into sections or half sec­ tions shall exceed, or shall not extend, six miles, the excess or defi­ ciency shall be specially noted and added to or deducted from the western and northern ranges of sections or half sections in such town­ ships, according as the error may be in running the lines from east to west or from south to north.

The Act of February 11, 1805 (2 Stat. 313), directed the subdivision of the public lands into quarter sections and provided that all the corners marked in the public s~rvey~ shall be estJblished JS the proper corners of sections, or subdivision of sections, which they were -13-

- - ..., ~ - - T - - - - ) I 4, I lJ ~ 4 3 2 1 6 5 3 2 ' 1 - - - - l ,, 7 8 9 lu 11 12 7 8 ,, 9 10 ~ 11 ' 12 ) - - - I ~ 18 17 16 15 14 13 . 18 ' 17 · 16, 15 · 14 13 - - - - . - I 19 20 cl 22 22 24 19 ' 20 ' 21 ,, 22 •I 23 24 ------~ ~ -

I I I I l'H,. I ')('I ~ 30 ~9 I ~o 'D 2o '-.., ..JIJ 29 . 28 I 27 ' 26 · 25 - - - - - 31 32 33 J4 35 36 ' 31 32 ~ 33 ,) 34 · ------~3J

Figure 5, Monumentation 1800 Figure 6, Monumentation 1805

intended to designate, and that corners of half and quarter sections not marked shall be placed as nearly as possible "equidistant from those two corners which stand on the same line." Also, "The boundary lines actually run and marked ... shall be established as the proper boundary lines of the sections or subdivisions for which they were intended; and the length of such lines as returned by ... the surveyors ... shall be held and considered as the true length thereof and the boundary lines which shall not have been actually run and marked as aforesaid shall be ascertained by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the frac­ tional townships wher~ no such opposite or corresponding corners have been or can be fixed, the said boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the ... external boundary of such fractional township." Monumentati on as shown in Figure 6.

The Act of April 25, 1812 (2 Stat. 716) established the General Land Office in the Uepartment of Treasury.

The Act of April 24, 1820 (3 Stat. 566) provided for the sale of -14-

public lands in half-quarter sections, and requires that "in every case of the division of a quarter section the line for the division thereof sha 11 run north and south . 11

The Act of May 29, 1830 (4 Stat. 417; R.S. Sec. 3, 24i2, 2413), pro­ vided for the fine and imprisonment of any person obstructing the sur­ vey of the public lands.

The Act of April 5, 1832 (4 Stat. 503) 3 directed the subdivision of the public lands into quarter quarters; that in every case of the division of a half-quarter section the dividing line should run east and west; and that fractional sections should be subdivided under rules and regulations prescribed by the Secretary of Treasury. Under the latter provision the Secretary directed that fractional sections containing less than 160 acres, or the residuary portion of a fractional section, after the subdivision into as many quarter-quarter sections as it is susceptible of, may be subdivided into lots, each containing the quantity of a quarter-quarter section as nearly as practicable, by so laying down the lines of subdivision that they shall be 20 chains wide, which dis­ tances are to be marked on the plot of subdivision, as are also the areas of the quarter-quarter and residuary fractions.

Further Acts were essentially administrative in nature, (i.e. Gen­ eral Land Office superseded in 1946 by the Bureau of Land Management) and not important to this Report. By 1832 the bases for the six General Rules were established although the surveying procedures had numerous changes, as the Surveyor General and the Deputy Surveyor General would issue instructions to the surveyors.

In the beginning the instructions to the surveyors were by letter and changed rapidly during the first few years. Printed instructions were started by Tiffin in 1815. These instructions and those of 1831, 1834, 1843, 1846, 1850, 1851, and 1855 are assembled in "Original

311 All the public lands, when offered at private sale, may be purchased, at the option of the purchaser, in entire sections, half-sections, quarter-sections~ half quarter-sections or quarter quarter-sections. 11 -15-

Instructions Governing Public Land Surveys 1815 - 1855. 11 Unsua1 sur- vey procedures as given in these instructions will be explained where applicable in the survey of a description. Regulations more in detail and uniformity were issued in Manuals of 1855, 1881, 1890, 1894, 1902, 1930, ana 1947. The Act of May 30, 1862, provided that ''the printed r'.an­ ual of Instructions relating to the public surveys, prepared at the Gen­ eral Land Office shall be part of every contract." Since the Manual of Instructions for 1855 was used at the time, and since later Manuals made few changes in procedure, the Manual of 1855 became the "bible" for much of the Public Land Survey area. The Act of June 25, 1910 ended con­ tract surveying and any work subsequent to that time would be done by career cadastral surveyors with the U. S. Government. The Manual of Sur­ veying Instructions 1947 is the guide for cadastral surveys being con­ ducted at the present time. III SURVEY METHODS

In a report of this type it is rather difficult to summarize the survey methods used throughout the Public Land Survey. Possibly the best approach to the problem is to summarize here the present survey scheme and nomenclature as given in the Manual of Instructions - 1947, to refer tne reaaer to tl1e chapter on the Public Lana Surveys in any surveying text, and to give specific references to special instructions as applicable to descriptions given in the following cases. The sum­ mary is best given in outline form.

I. Manual of Instructions, PLS A. General Intent l. To subdivide the public lands of the United States for sale, orderly development and recording. 2. To provide for positive identification and location. 3. To provide for simple descriptions. 4. To reserve navigable lakes and rivers for the public.

ti. Legislation (in Chapter II)

C. Survey Method 1. Primary Lines (See Figure 7) a. Initial point - the point from which a PLS originates, established independently for surveys in separated localities. b. Principal meridian - This line conforms to the true meridian and was extended from the initial point, either north or south, or both; regular quarter­ section and section corners will be established al­ ternately at intervals of 40 chains, regular town­ ship corners at 480 chains. c. Base 1ine - From the initial point the base line will be extended east and west on a true parallel of lat­ itude; upon the true line standard quarter-section and section corners will be established alternately at intervals of 40 chains and regular township corners at 480 chains.

-16- -17-

d. Standard parallels - Standard parallels are extended east and west from the principal meridian as true parallels of latitude meridian at intervals of 24 miles north and south of the base line. Upon the true line standard quarter-section and section corners will be established alternately at intervals of 40 chains and regular township corners at 480 chains. e. Guide meridians - These lines are extended north from the base line, or from standard parallels, at intervals of 24 miles east and west from the principal meridian. These lines confonn to the true meridian; quarter-sec­ tion and section corners are established alternately at intervals of 40 chains. At the true point of inter­ section of the guide meridian and the standard para­ llel or base line a closing township corner is estab­ lished.

TOWNSHIP CIJRNER

Fl ST SjTAIVMA'D PAA'IAll IL. ()Rn ~ I I I T4N I ~ ~--,-,--+- -~---i--- V') ~ I I I ~ T .JN I I . I ~ ~ -,--r---t- --+--+-..L- ~ " I I ' I I ~ ~ I I 1 ~ T2N~ J_ , ~ ~ -+-+-+~ ----t-- --+-- ~ ~ I I I ~ T/NI .I I ~ ~ R4W R3W R2W.R/W R/E R2E R3E R4E ~

FIRST STANOARO PARALLEL SOUTH

Figure 7. Primary Lines

Quadrangles of sixteen townships are enclosed by primary lines. -18-

2. Township lines (dotted lines on Figure 7) The regular order is to survey the townships in a quad­ rangle by ranges of townships and beginning with the township on the south, Figure 8. a. Meridional boundaries will be run from south to north on true meridians; quarter-section and section corners will be established alternately at intervals of 40 chains; temporary township corners are set at 480 chainss. For those townships with standard para1lels as the north boundary a closing township corner is estdblished at the true point of intersection of the meridional township line and the standard parallel. b. Latitudinal boundaries will be run as a random line setting temporary corners, on a cardinal course from the old toward the new meridional boundary, and corrected back on a true line if conditions meet specifications. Quar­ ter-section and section corners are established alter­ nately at intervals of 40 chains, counting from the east, and the fractional measurement will be in the west half mile.

/ST. S~. PARALLEL NORTH - 6M,·-- ..

7 'i&\i T4N '-') ~ 6 ~ ...... 5JM✓ -··· ~ ORO~R 17F RUNNING -~ lt' . LINE.S_____rr.S ~ ~ 4 5 I M1··•. ~ 2 '-.J ~ .t,Z>D-. .3 ~ ~ ~ ' 2 "'~ ~ 5'2 M·/·:·. .- ' TJN-~ I ~ t ~ R/W~

BASE LINE

Figure 8. Township Lines -19-

3. Sectional lines - The nonnal order of running the lines is shown in Figure 9.

Figure 9. Township Subdivision

a. The meridional section lines will be initiated at the regularly established section corners on the south boundary of the township and will be run from south to north parallel to the governing east boundary of the section. Regular quarter-section and section corners will be established alternately at intervals of 40 chains. The last mile of meridional section lines (lines ll, 22, 33, 44, 59 - Figure 9) will be run: - (i) In interior townships a random line will be run from south to north with a temporary quarter sec­ tion corner set at 40 chains. The distance to the township line and the falling of the random line east or west of the objective section corn­ er is noted. The random line is connected to the true line with the quarter-section corner set on the true line 40 chains as measured from the south, placing the fractional measure­ ment in the north half mile. See Figure 10. -20-

Figure 10. Closing Section Lines, Interior Township

(ii) In townships with the north border being a standard parallel (base line or correction line) the true line is run north parallel to the east side of the section establish- ing a quarter-section corner at 40 chains as measured from the south, and a closing sec­ tion corner at the intersection of the section line and the standard parallel (base line or correction line). The fractional measurement is placed in the north half-mile. See Fig­ ure 11.

Figure 11. Closing Section Lines, on Standard Parallels -21-

b. The latitudinal section lines, except in the west range of section, will be run as random lines from west to east, parallel to the south boundary of the section, setting temporary quarter corners at 40 chains; the distance to the east boundary of the sec­ tion and the falling of random line north or south of the objective section will be noted. The true line will be run from east to west between the section corners and the permanent quarter-section corner will be established at the mid-point. In the west range of sections the random latitudinal section lines will be run from east to west, parallel to the south boundaries of the resoective sections, and on the true lines, the quarter corner will be placed 40 chains from the east, thus placing the fractional measurement in the west half mile. 4. Meander lines - Meander corners are established on all pri­ mary township and section lines and their intersection with meanderable lakes or rivers. Meander lines are run from meander corner to meander corner in each section to define the sinuosities of the bank or shore line and for ascertaining the quantity of land in the fractional section. The bearing and distance of each line is recorded in the field notes. See page 22.

5. Typical field notes Notes for Section 10, Tl09N, R2lw of 5th P.M. North on line bet. secs. 10 and 11 var. 10° 00'E 40.00 Set a post for the cor. to 1/4 sec. in a mound made of earth and sod, with trench and pits and put charcoal in the center as per instructions and planted seeds. 44.00 To a marsh that brs. E and W 48.00 To a dry prairie that brs. E and W 80.UO Set a post for the cor. to secs. 2, 3, 10 and 11 in a mound made of earth and sod with trench and pits and put ct1arcoal in the center as per instructions and planted seeds. The surface is rolling and the soil 2nd rate prairie. west On a true line bot. secs. 3 and 10 var. 10° OO'E 40.bO Set a post for the corner to 1/4 sec. in a mound made of earth and sod, with trench and pits and put charcoal in the center as per ins true ti ons and p 1anted seeds. 47 .00 Enter timber that bears N and SW 67 .OU To a road that brs. N and S and enter bottom lands 68.80 To the margin of a lake and set meander post from which A Br. oak 10 ins. in dia. brs. S 47° OO'E 10 l~s dist. A Br. oak 14 ins. in dia. brs. N 31° OO'E 14 lks dist. Tne land is 1st rate prairie and timber. -22-

East On random on the line bet. secs. 10 agd 15 var. 9 45'E 33.00 To a deep marsh that brs. N and S. 40.00 Set a temporary 1/4 sec. post in the marsh 42.70 To a dry prairie that brs. SE 80.00 Intersect the N-S 1ine at the post. The land is 1st rate prairie West On a true line bet. Secs. 10 and 15 37.30 Set a post for witness cor. to 1/4 sec. 270 lks East of the true cor. in a mound made of earth and sod with trench and pi ts and put charcoal in the center as per instructions and p1antea seeds. 80.00 To the comer of secs. 9, 10, 15 and 16 North On line bet. secs. 9 and 10 20.00 Enter bottom land 37.50 To a road that brs. NE 39.00 To the margin of a lake and set meander post from which (notes for two bearing trees)

Meanders for Section 10 Starting at meander post on line bet. secs. 3 and 10 var. 10 ° 30 1 E s 5 00' w 3.00 chs. s 7 00 w 4.00 s 5 00 w 5.50 S 11 00 w 15.00 S 24 00 w 11.50 S 23 00 w 3.70 To a meander post on line bet. secs. 9 and 10 and to place of beginning. 6. Subdivision by protraction: From the Manual (1947: p 197) "Upon the plat of all regular sections the boundaries of the quarter sections are shown by broken straight lines connecting the opposite quarter-section corners. The sec­ tion bordering the north and west boundaries of a normal township, excepting section 6, are further subdivided by pro­ traction into parts containing two regular half-quarter sec­ tions and four lots, the latter containing the fractional areas resulting from the plan of subdivision of normal town­ ships; the lines of the half-quarter sections are protracted from three points 20 chains distant from the line connect­ ing the opposite quarter section corners, two of said dis­ tances counting on the opposite section lines and one count­ ing on the line between the fractional quarter sections; the lines subdividing the fractional half-quarter sections into fractional lots are protracted from mid-points on the oppo­ site boundaries of the fractional quarter section. The two -23-

int'?rior sixtePnth section ::orners on the bourcaries of tn-=- fract.iona1 north\-1est quarter of section 6 are si;-ri'iar1y f i xe d a t poi n ts 2 0 ct: a i r: s di s tan t no rt I1 an d we s t fro n- the center of the section, from which points lines are oro:racted to correspondrng points on the west and nortr, boundaries cf ti1e s::cti,:in, result:ir1 g in subaivisions containins; one re·;­ ulor '-1..;orter-i.. f.idrLer section and three fract,ona1 10:s. The areas of the Government lots as determined by pro:.rac.­ tion will be shown on the plat, Figure 12 .

-= I ..:: u u "T -=:j" r---... 4 3 2 I N co C:) ~ 37.35 a 37.10 a 36. 85 a 36.60 a ~

80 a 80 a r:: 1)------J..~.-,., ------)

160 a 16U a 1.. .C) -=:j" 0 0 M N ,-f ...... > I > -I Figure 12. Areas by Protraction

Sections which are made fractional by meanderable bodies of water are subdivided by protraction into regular and frac­ tional parts as may be necessary to describe and compute the areas of the fractional quarter-quarter sect~ons. See Fig­ ure 13. -24-

,\h------0------0MC \, 28.8 Ch. 40 Ch. I '11 ..• I 1 59.8 a

a l

..c: -"lo u .,.:f ex:, ~ 39. 8 a ......

..c: u 0 N 40 Ch. 40 Ch.

Figure 13. Government Lots

7. Rectangular limits for regular section, i.e., a sec­ tion that does not border on the north or west side of a township. a. in alinernent, not to exceed 21' from cardinal in any part. b. for measurement, not to exceed 25 links in 40 chains. c. for closure, not to exceed 50 links in either latitude or departure. d. for position, a line connecting corresponding section corners on the opposite sides of the township must be within 21' of cardinal.

8. Subdivision by survey: A great portion of the PLS was sold during the time whi~n the minimum sized regular area was the quarter-quarter section. In fractional sections smaller areas were s0ld as fractional quarter­ quarters (lots) by area and re~erence to the official township plat for protracted lh.its of the lots. The subdivision by surv2y of federal 1 ands must follow federal regulations down to the sm~llest size sold. These regulations are given in the 11,1..1ual (1947: 212-215). ihe discussion of proper survey methoa~ can be found in the following cases. IV CASE STUDIES - SUBDIVISION OF SECTIONS

Introduction

These case studies are limited to patentee descriptions which are subject to Federal statutes and the preceding Rules for section subdivi­ sion. As can be noted in the section on the PLS, page 11, the Federal Government sold only full sections in 1785 at the start of the PLS. By 1832 a patentee could obtain a quarter-quarter section or a govern­ ment lot. The rules for subdividing the section into two halves, four quarters, eight half-quarters or sixteen quarter-quarters were estab­ lished by the Federal Government when the statutes for the sale of such parcels became law. The patentee (or others later) who obtained title to part of the legal subdivision of a section is entitled to the exact ground area that his description fits on the record township plat as defined by the monuments on the ground.

In many cases the original monuments have been replaced by pipes, stakes, stone or cast iron monuments. The work of verifying that a new monument is in the same location as the original monument is one of the interesting and difficult jobs of the surveyor. If monuments are miss­ ing then the recorded notes and township plat controls the location of the section lines according to Rule 6. The following case studies are for surveys of regular and fractional sections with complete and incom­ plete monumentation. For each case, study the sketch carefully for com­ plete information. A note accompanying the sketch will indicate the number of original and in-place monuments. Where monuments are missing, procedures will be outlined to set these monuments before the subdivision of section will be explained. Where appropriate, original and resur­ veyed dimensions will be given. The resurveyed values can be used as the absolute value of the measurement between the monuments. For each sub­ sequent case only new principles will be covered to avoid repetition.

-25- -26-

CASE I SUBUIVISION OF REGULAR SECTION

Section 28, Township 28 North, Range 22 West of Fourth Principal Meridian, Minnesota or Section 28, Township 28 North, Range 22 West, Dakota County, Minnesota Sec. 28, T28N, R22W, Dakota Co., Minn.

Sketch: Copied from township plat.

79.91 Ch.

o - Monuments Not shown on township plat.

,-, ,. -.. , \ .. ~- L. _, I - 0 Original N 0 monuments - 8 0 .-t > Monuments > in place - 8

80.10 Ch.

Figure 14. ~egular Section -27-

Principles and Procedures:

l. Section 28 was created in the PLS at the time that the township plat was filed, February 28, 1854. It is defined: on the plat, Figure 14; in the original field notes, Rule 1, pa9e 1; and by the monuments on the ground, Rule 2, page 1. The field notes and original township plats are on file at the Secretary of State's office in St. Paul, Minnesota.

2. The section is outlined by straight lines connecting the section corners and tne quarter-section comers. Monuments are in place at all corners. A certificate of survey for this section would indicate that the surveyor has identified, located and/or reset all eight monuments. The distances and angles need not be meas­ ured; however, if they were, the sketch would be similar to Fig­ ure 15. 2639.87 ft. 2639.87 ft. 39. 955 ch. 39.955 ch.

. .µ .µ c+- c+- . ..c: ,- ...... N ,-.... u u . . 0 0 ..... q- ¢ M ¢ °'\,0 \,0 N N

C

. Original PLS . ~ Re-survey dimen­ ..c: ,- N U dimensions in chains u N sions in feet. co ,-.... 0 ':::) ¢ -=:t" ¢ .-4 -=:t" -=:t" ·..o I.O N N

40.05 ch. 40.05 ch. 2638.90 ft. 2636. 75 ft.

Fi0ure 15. Uriginal and Re-survey uimensions -28-

3. As seen in Figure 15 the measured values do not agree with the plat values. The reason for this is that the accuracy of the original survey was very low, i.e. statutory accuracy was 25 links per 40 chains, whereas today measurements are more accur­ ate.

4. The specific Section 28 is uniquely defined by township, range, and principal meridian number. It is acceptable to replace the principal meridian number with the county and state loca­ tion. Since the county and state names have a clearer geograph­ ic meaning than the principal meridian designation, all other descriptions in this report will use county and state identifi­ cation.

5. The monuments for Section 28 are also section monuments for the adjacent sections. Since all sections in a township were created at the same time, there are no junior and senior rights. To survey Section 28 one need not research title information on the adjacent sections except for data on monument location.

North Half Section 28, Township 28 North Range 22 West, Dakota County, Minnesota

N½ Sec. 28, T28N, R22W, Dakota Co., Minn.

6. The section is divided into halves by running straight lines between corresponding opposite quarter corners, for this example, between the east and west quarter corners, Rule 4, page 1. The correct description for the remaining part of Section 28 is the 11 South Ha 1f of Sec ti on 28. 11

7. A certificate of survey for the north half of Section 28 would indicate that the surveyor had located the monuments on the -29-

north line of the section and the east and west quarter corners.

i~ortheast Quarter of Section 28, Township 28 North, Range 22 West, Dakota County, Minnesota NE 1/4 Sec. 28, T28N, R22W, Dakota Co., Minn.

8. The center quarter corner (center of section) is located at the intersection of the straight lines connecting corresponding opposite quarter corners. These lines divide the section into quarters and are properly called the northeast quarter, north­ west quarter, southwest quarter and the southeast quarter.

9. A certificate of survey of a quarter section would indicate that the surveyor located the four quarter corners and the section corner which is a corner of the surveyed quarter (e.g., the northeast section corner for a survey of the northeast quarter).

10. In subdividing the north half of a section into two parts the description "The east half of the north half of Section 14 ..... 11 should not be used. This description does not follow the form as used in Federal patents and can cause confusion as to the location of tne west line of said description. If the intent is to make the north-south quarter section line the western boundary of the above tract the correct description is "The northeast quarter of Section 14 ..... ". No confusion can then result since the survey method of a quarter section has been described above. If this is not the intent then the des­ cription must contain clarifying statements.

East Half of the Southeast Quarter of Section 28, Township 28 North, Range 22 West, Dakota County, Minnesota E 1/2 of SE 1/4 of Sec. 28, T28N, R22W, Dakota Co. Minn. -30-

11. The quarter section is divided into half 4uarter sections by establishing sixteenth corners on the boundary of the quarter section at the mid-points between the quarter corners and the section corners. Straight lines are run between corresponding opposite one-sixteenth corners. For the example, between the sixteenth corners on the north and south boundaries of the quarter section.

12. A certificate of survey would indicate that the surveyor had surveyed the southeast quarter and established monuments at the m·id-points of the north and south boundary of the southeast quarter. The correct description for the remainder of the 11 southeast quarter is "West Half of the Southeast Quarter ..... •

Southeast Quarter of the Southeast Quarter of Section 28, Township 28 North, Range 22 West, Uakota County, Minnesota SE 1/4 of the SE 1/4 of Sec. 28, T28N, R22W, Dakota Co. Minn.

13. The center of a quarter section is at the intersection of straight lines connecting corresponding opposite sixteenth corner3 located on the boundaries of the quarter section. These lines divide the quarter into quarter-quarter sections. Designations are the northeast, northwest, southwest and southeast quar- ters of the quarter section.

14. A certificate of survey would indicate that the surveyor lo­ cated the four quarter corners and the southeast corner of the section, subdivided the quarter and set monuments at the six­ teenth corners on the boundary of the southeast quarter and set a monument at the center sixteenth corner.

15. In subdividing the east half of the southeast quarter of Sec­ ti on 28 into two parts the des cri pti on 11 The North Half of the -31

East Half of the Southeast Quarter ... 11 should not be used. If it is the intent to make the sixteenth line the southern boundary then the description should read "The Northeast Quarter of the Southeast Quarter of Sec ti on 28." -32-

CASE II SUBDIVISION OF FRACTIONAL SECTION

Section 2, Township 28 North, Range 22 West, Dakota County, Minnesota Sec. 2, T28N, R22W, Dakota Co., Minn.

Sketch: Cop1ed from township plat.

- V 10°35' ..c: u J T f .- j I u ;;; 4 I 3 2 1 ~ ~ 44. 5 7 a I 44. 49 a I 44. 40 a I 44. 32 a : ____, ____! ___ L--~~ A1 B I I rl-. )------.....r· - . - - - - -c c.J.. 657 f8 a I I - I m..... -,-.... 0 ..... 0 I ..... 0 ...... I > > l 80.05 ch. Figure l 6. Fractional Section

Principles and Procedures: l. In fractional sections bordering on the north and west sides of the township the section is divided into si~teenths by Rule 3, page 2. The section is divided into quarters by connecting corres­ ponding opposite quarter corners and the subdivision of the south half of the section follows the explanation for the regular sec­ tion, see Case I, page 26. -33-

Northeast Quarter of the Northeast Quarter Section 2, Township 28 North, Range 22 West, Dakota County, Minnesota NE 1/4 of the NE 1/4 of Sec. 2, T28N, R22W, Dakota Co., Minn.

2. The north and south sixteenth corners for the northeast quarter are located at the mid-points of the lines connecting the sec­ tion corner and the quarter corner.

3. The east and west sixteenth corners of the northeast quarter are located at the proportional distances: Point Bis located on line between the east quarter corner and the northeast section corner at 20/42. 14 of the actual distance between said points as measured from the east quarter corner. Point A is located on line between the center quarter corner and the north quarter corner 20/42.22 of the actual distance between said points as measured from the east quarter corner.

4. The northeast quarter is divided into quarters by connecting the sixteenth corners on opposite sides of the quarter. (Rule 3)

5. A certificate of survey for the northeast quarter of the northeast quarter would indicate the surveyor had located the 4 quarter and northeast section comers, that he had inspected the plat, and made a field survey setting the sixteenth corners as prescribed here. Monuments may or may not have been set.

Corr..,en ts: The description for the northeast quarter of the northeast quarter at a later time would be called Government Lot 1. The use of the government lot designation for fractional parts of sections became standardized after a time so that in fractional sections bordering on the north and west sides of a township the government lots are numbered as in Figure 17. -34-

4 3 2 1 4 3 I 2 l

5 ,- ,-- ,;;-, -, 0 .. ; ,_ I 6

7 1

2 ,._, , , ,:=! , ,.., I rl ..)

4

Figure 17. Government Lots

The official township plats must be used for government lots and quarter section$ which border on the north and west sides of the township: (l) to determine the location and boundaries of the government lots; (2) to determine the areas of the fractional quarter-quarters and government lots; and (3) to obtain the frac­ tional measurements for proration along the section and quarter sec­ tion lines.

It could be assumed for this example if a deed read 11 Government Lot l of Section 211 there would be no confusion as to the mean­ ing. It is the same as the northeast quarter of the northeast quarter. However, if one were to describe the northeast quarter of the northwest quarter, Section 6, T28N, R22W as Government Lot 3, there would be a serious error. See Figure 18. -35-

CASE III SUBDIVISION OF FRACTIONAL SECTION

Section 6, Township 28 North, Range 22 West, Dakota County, Minnesota Sec. 6, T28N, R22W, Dakota Co., Minn.

Sketch: Copied from township plat.

..c 17.50 ch u 0 35.00 a 40.00 a 60.47 a 39.95 a 0 ,I 0 N

35.0l) a 39.77 a --, -.:. ,...... _.! ,_. ,.,~•

T"-1 51.61 a oi:::t-. LO ,,,, -, N ·-J- ,, I - ' '

,-- 44.15 a ...... ,, r;, ,_.,~ ' , - - 31. 68 ch -- .. MC Figure la. Fractional Section and Government Lots

Principles and Procedures:

l. Since all section and quarter corners are in place in this section the subdivision follows the rules for a regular section. The quarter lines are run between corresponding opposite quarter corners. The center of section is given a computed position where the quarter lines cross.

2. The northwest quarter of Section 6 is subdivided by a sixteenth line connecting the mid-points on the east and west boundary lines -36-

of the quarter (using the computed center quarter corner) and a sixteenth line connecting points set at 20/37.50 ths of the dis­ tance on the north and south boundary lines of the quarter as meas­ ured from the north quarter corner and the center quarter corner. The key to this proportion method is that the northwest quarter and the southwest quarter of the northwest quarter have the same acreage.

3. The southeast quarter is subdivided by connecting sixteenth corners placed at the mid-points of the boundary lines of the southeast quarter.

Government Lot l, Section 6, Township 28 North, Range 22 West, Dakota County, Minnesota Govt. Lot l, Sec. 6, T28N, R22W, Dakota Co., Minn.

4. The west line of Government Lot l is run from the mid-point between the northeast section corner and the north quarter corner to the mid-point between the computed center quarter and the east quarter corner.

5. The south boundary line of Government Lot l is the river. Gen­ erally in Minnesota the fee owner has the right to improve his property above high water line as he chooses. Between the high and low water line the state.,..assumes some control of develop­ ment to protect the public right. Below low water line the private owner has the usual riparian rights; the public has the right to use the water for normal public use.

Comments:

The rest of the government,.,, lots are surveyed following the princi- ples outlined above. This section is unique in that all of the monuments are in place, rather an unusual situation for fractional sections bordering rivers or lakes. Generally, Rule 5, page 2 would have to be used to interpret the proper direction to run a boundary line of a government lot. The rule states, " ... the -37- center line of such section must be run from the proper quarter section corner as nearly in a cardinal direction as due parallel­ ism with section lines will pennit. 11 The interpretation of this rule is based on the fact that in the original ordinances the sec­ tion lines were all to be run in a cardinal direction, e.g. north, south, east and west. In the field notes they followed this pro­ cedure and called all lines cardinal even though the variations (magnetic declinations) on the different lines, Figure 18, indicate that the surveyor was running his lines: (1) to connect two points previously set; (2) to maintain parallelism between the east and west lines of a section; or (3) in a cardinal direction. The cor­ rect interpretation of "cardinal direction" depends on the partic­ ular situation in the section being subdivided. The three methods to be considered in the following cases are: (1) run the quarter line on a mean bearing between two section lines; (2) run the quar­ ter line parallel to one section line; and (3) run the center line in a cardinal direction with respect to geographic north. -38-

CASE IV SUBDIVISION OF FRACTIONAL SECTION - MEAN BEARING

Section 23, Township 120 North, Range 44 West, Lac Qui Parle County, Minnesota. Sec. 23, Tl20N, R44W, Lac Qui Parle Co., Minn.

Sketch: Copied from township plat.

_.-,-~ ---,,, ,: ,.__ , ___·- ,. ..c. u ¼ Cor . 0 0 0 LO 0 30.00 a 21. 30 a 40.65 a 50.80 a N . I .. , ,/: 1.0 , ,, :-~ ...... I C..- .. ~, -r

-LO ~ 0 40.00 a 40.00 a 40.00 a 40.00 .....M .....N > > 1 V 12°15 1 N 89°44 W 80.14 ch

Figure 19. Subdivision by Mean Bearing

Principles and Procedures:

The basis of direction for the subdivision lines comes from an in­ terpretation of the field notes. The basic facts from the field notes are: For the east line of the section: North bet. sec. 23 and 24 var 13° 40 chains set 1/4 corner 45 chains set meander corner 80 chains corner for secs. 12, 13, 23, 24 in river. For the west line of the section: North bet. sec. 22 and 23 var 12°45 1 36 chains set meander corner -39-

40 chains 1/4 corner in river 80 chains corner for secs. 13, 14, 22, 23 in river.

Two statements can be made: (1) all lines in the section were run in the same surveyA; and (2) if the section had been completed the section would have been a regular section, i.e. the east and west lines would have been 80 chains and the north and south lines 80 chains with­ in tolerance. The section would contain 640 acres. For these condi­ tions:

1. The quarter line is run north from the south quarter corner on a mean bearing between the east and west lines of the section.

2. The southeast corner of Government Lot 4 is set at the mid-point of the line from the southeast section corner to the east _quarter corner.

3. The southwest corner of Government Lot 1 is set on the line, southwest section comer to west quarter corner and at 20/36.00 ths of said line as measured from the southwest section corner.

4. The southeast corner of Government Lot 2 is set on the north-south quarter line, at the average length of 20 chains as determined from the measurements on the east and west sides of the sec- ti on, Steps 2 and 3.

5. The south lines of the Government Lots are run by connecting the sixteenth corners as located in Steps 2, 3 and 4.

6. The east line of Government Lot 1 is run from the mid-point of the line, south quarter corner to southwest section corner, on a mean bearing between the center line and the west line of the section.

7. The east line of Government Lot 3 is run from the mid-point of the line, south quarter corner to the southeast section corner, on a mean bearing between the quarter line and the east line of the section.

Ain sections bordering :v~nship boundaries, standard parallels, guide meridians, and correction lines all of the section lines were not sur­ veyed at the same time, by the same surveyor or under the same rules. -40-

Co111T1ents: To run on a mean bearing between section lines or parallel with a section line requires the prior detennination of the direction of the line or lines. Many section lines are defined by three monuments, e.g. section, quarter and meander corners, and these points seldom fall on a straight line. The direction of the section line can then be de­ tennined in two ways: (l) from the section to the quarter corner; or (2) from the section comer to the meander corner. Generally the direc­ tion should be detennined by a line connecting the monuments the great­ est distance apart. For the example in Figure 19 the east line of the section is detennined by connecting the southeast section comer and the meander comer. Variations of this method will be given in other case studies. -41-

CASE V SUBDIVISION OF FRACTIONAL SECTION - PARALLEL WITH ONE SIDE

Section 25, Township 118 North, Range 22 West, Dakota County, Minnesota Sec. 25, Tll8N, R22W, Dakota Co., Minn.

Sketch: Copied from township plat.

V 11°45' 38.00 ch

51.00 a

I I I

MEulCli~t 26.87

32.50 a LAKE

-in 0 ...... 0

'Mc 10.00

Figure 20. Subdivision by Mean Bearings and Parallel with une·Line

The survey notes for this section would show that the north and south lines of the section were run west on a true bearing from the proper section corner. The lake is large enough so that the lines were not extended across tne lake. The meander comers were set in the survey from east to west and the survey tenninated at these cor- ners. -42-

Principles and Procedures:

1. The east-west quarter ana six teen tn Ii nes wou 1 d De run on mean bearings similar to the meth00s outlined in Ca>~ I'w'.

2. The north-south quarter line shoula t1e run r:or--r-i ~ror.: the south quarter corner parallel with tne east line of the section.

3. The east line of Government Lot 4 is run north; from the mirl-point of the south line of the southeast quarter, parallel with the east line of the section.

In this case the direction of the east line of the section could be between the east quarter corner and the southeast section corner, since the interior subdivision lines are shorter than one-half mile and each quarter section is basically independent of the other. Regardless of method, clearly show on the survey sketch what lines· were used for the "parallel with" detennination.

4. A major criterion in detennining whether to run on a mean bearing or parallel with one line is the question: "Would the lines have been parallel if the section had been complete?" This can be il­ lustrated by an example for fractional section 5, Figure 21. -43-

MC

25.33 ..c:::: , u LO I'

LAKE

',. c· ...... •

MC Survey t rminated at meander comer

Figure 21 . Fractional Section 5

The notes for this section would show that the north line of this section was run as a township line before the east, south and west lines were run during the township subdivision. Also, if the section had been complete, the dimensions from the southeast and southwest corners of Section 5 to the quarter corners on the east and west section lines would have been 40 chains. The dimensions from the quarter corners to the township boundary would have been odd (closing) and different. In this case the east-west quarter line, if run between quarter corners, would be run parallel with the south line of the section. -44-

CASE VI SUBDIVISION OF FRACTIONAL SECTION - ASTRONOMIC

Section 15, Township 136 North, Range 42 West, Ottertail County, Minnesota Sec. 15, T136N, R42W, Ottertai 1 Co., Minn.

Sketch: From U.S.G.S. Quadrangle "Vergas"

Section 10 N ¼ Corner Sec. 15

I ,-·· I ,. .. , I I I • ... .- ,,

Figure 22. Fractional 15

Principles and Procedures:

1. The only line run in Section 15 was the north line. The division line between Government Lots 1 and 2 was protracted in the office. Si nee there are no 1i nes in the section to run on a "mean bear­ ing" or "parallel with" the quarter line is run astronomic south from the north quarter corner.

Conmen ts:

It might seem logical to extend the quarter line of Section 10 south as a method of determining the line between Lots 1 and 2. Extrapola­ tion from one section to another is never used as a method of sub­ division of a section. -45

LASt VII KE~STAtiLISHMENT OF LOST CORNERS BY SINGLE AND DOUBLE PROPOkTIUNAL MEASUREMENT Section 6, Township 118 North, Range 42 West, Lac Qui Parle County, Minnesota

Sec. b, Tll81~, H42W, Lac Qui Parle Co., Minn.

Sketch: Data from township plats.

~ '-,;, ("'

-, ,. .. -,, I ~{,·, .., I Oc:., ,_ "-~ C ,_., / ,,.

.c. T119N u 0 1111::t' a 40 ch b • 38.9 ch 40 ch 40 ch .c. u T118N 0 1111::t' LO. en d M '\-,,-- ,,_,~.. - ._,,

.c. u .c. u 0 1111::t' 0 1111::t' 39.64 ch 40 ch 39.90 ch g i .c. u .c. 0 u 1111::t' 0 1111::t' --,,, /

.c. u - Monuments in R43W R42W • 0 place. 1111::t' 0 - Lost monuments e

Figure 23. Lost Corners Section 6 -46-

Kule 6 on page 2 states, "that lost and obliterated corners of the approved surveys must be restored to their original locations wnenever it is possible to do so -----. 11 To interpret this properly definitions of existent, obliterated and lost corners will be quoted from 11 Restora­ ti on of Lost and uo 1iterated Corners. 11

1. J.\n existent corner is one whose pas ition can be i den ti fi ed by verifying the evidence or the monument, or its accessor­ ies, by reference to the description that is contained in the field notes, or where the point can be located by an acceptable supplemental survey record, some physical evidence or testimony. 2. An obliterated corner is one at whose point there are no remaining traces of the monument, or its accessories, but whose location has been perpetuated, or the point for which may be recovered beyond reasonable doubt, by the acts and testimony of the interested land owners, competent survey­ ors, or other qualified local authorities, or witnesses, or by some acceptable record evidence. 3. A lost corner is a point of survey whose position cannot be determined, beyond reasonable doubt, either from traces of the original marks or from acceptable evidence or testimony that bears upon the original position, and whose location can be res tared only by reference to one or more interdependent comers. Government comers should be reset by lost methods only when the existent corner cannot be found and it cannot be reset in its original position by obliterated principles. This requires the surveyor to do extensive searcn and research before using lost methods. For the ex­ ample in Figure 23 it is assumed that there is no evidence for the lo­ cation of the five missing monuments of Section 6. They will be re­ stored by reference to the measurements in the field notes and the township plat. For convenience letter identification will be used.

Principles and Procedures:

1. The northwest corner of Section 6 is restored by double propor­ tionate measurements between the four monuments a, b, c, d, near­ est to the missing corner in all four directions. The distances -47-

are prorated according to their plat values. Figure 24 shows the position of the restored monument.

I 40 D :, I 80 cd\, \

~, \ Res to red corner =-r 4--:-: -clBT D- -:-:: _-:::-: --_.. b I 78. 9 ab I I I .'

Not to scale

d

Figure 24. Uouble Proportion

2. The northeast corner of Section 6 is restored by single propor­ tionate measurements. The corner is set at the mid-point and on the line b to f.

3. The southwest corner of Section 6 is restored by single propor­ tionate measurement. The corner is set at one-third the distance d toe as measured from d and on lined toe.

4. The southeast corner of Section 6 is restored by double proportion­ ate measurements between the four monuments, g, h, i and restored northeast corner. Tile proportional distances are: from h, 40/119.58 of distance h to j; and from g, 40/79.90 of distance g to i.

:>. The east quarter corner of Section 6 is restored by single propor­ tionate measuren~nt. The corner is set at 40/79.58 of the distance k to j as 111easured from k and on line k to j. -48-

Cormients:

Corners are restored by single proportion on lines which were surveyed in one direction, i.e., principal meridians, baseline, standard para­ llels, guide meridians, township lines and individual 5ection lines (for quarter corners).

Corners are restored by double proportion when the survey is in four directions, i.e., township corners common to four townships and sec­ tion comers common to four sections (but not on township lines).

Corners must be restored in a decreasing order of survey, i.e., corn­ ers on primary lines first, township comers second, corners on town­ snip lines third, section comers fourth, and quarter comers last. -49-

CASE VI II CLUSI1~G COR1~ERS ON STANDARD PARALLEL

Section 2, Township 116 North, Range 22 West, Hennepin County, Minnesota Sec. 2, Tll6N, R22W, Hennepin Co., Minn.

Sketch: Copied from township plat. Shows actual conditions in field.

SEC. 3S, T. 117 , R. 22 I I c.,o~· PARALLEL c:.,.J'­

ci a: u, 2 ..,,,0) ~ N

V 1/4 COR. ------E 1/4 COR.

43.58 20.45

Figure 25. Closing Corners on Standard Parallel -50-

Principles and Procedures:

1. The north quarter corner of Section 2 was not set in the original survey. It should be set midway between the northwest and north­ east corners of Section 2 and on line Detween the south quarter and southeast corners of Section 35.

2. The true northwest and northeast corners of Section 2 are at the intersection of the east and west lines of the section with the standard parallel. The closing corners were set north of the standard parallel but they cannot affect the sections to the north since the standard parallel monuments define the south line of Section 35.

3. The northeast corner of the southeast quarter of the northeast quarter is placed at a ratio of 20/43.5 of the distance between the east quarter corner and the original closing corner. This procedure would put the sixteenth comer where the original survey would have put it. The surveyor thought that the closing corner was on the standard parallel.

4. The south quarter corner is placed on line between the meander comers and at a ratio of 19.55/43.58 of the distance between the meander corners as measured from the east meander corner. The north-south quarter line is run from the set north quarter corner toward the computed south quarter corner.

CofTITients:

In the past many surveyors have used methods which do not always agree with these principles. In many cases the surveyors have held all mon­ ument positions, including closing corners, even though they did not fall on tne staQdard parallel. If lines of occupation, plat boundaries or other surveys and improvements are invoived witn a 00undary determin­ ation all factors niust De considered when establishing corners of the Public Land Survey. The last part of Rule 6, page 2, states: ''Actions -51- or decisions by surveyors, Federal, State, or local which may involve the possibility of changes in the established boundaries of patented lands, are subject to review by the State courts upon suit advancing that issue. 11 -52-

CASE IX SUBDIVISION OF FRACTIONAL SECTION - OBLITERATED METHODS

Government Lot 1, Section 36, Township 34 North, Range 23 West, Anoka County, Minnesota Govt. Lot 1, Sec. 36, T34N, R23W, Anoka Co., Minn.

Sketch: Copied from township plat. g 25 ,- -- M ------79 75 ch ------, - 0 1 ; ,-r--- '-----~ 30.63 ch--'l•--39.87 ch v 10 43 LAL ; I I I ' 37. 25 a 1

.--4 j I I ...._____ J I .s:::. ; I .s:::. 0 U N I g ______,_)t.,2,--- ___ _ I .s::. u I • -Monuments 0 0 in place - 6 -LO I M o-Monuments 0 I ::: missing - 3

Figure 26. Section 36

Problem: Government Lot 1 is to be surveyed. The two meander corners and the north quarter corner are lost. A field search has not located any part of the monuments or bearing trees. All other monuments are in place. Notes for several surveys made in Sections 25 and 36 are avail­ able. There are fence lines along the west, south and east sides of Government Lot l. The southeast corner of the lot is marked with an old leaf spring. All evidence must be weighed and a decision made as to the proper procedures to be used to establish the boundaries. Lost and obliterated methods will be considered. -53-

Basic Data: Original Notes: The notes for the south and east sides of Section 36 are standard and similar to those for Case I and are not important to this study. The notes for the west and north sides of the section are: For the west line of the section: North between sec. 35 and 36 var 11°35 1 E 15.50 Enter meadow bears E and W 21 .50 Leave same 24.20 Black oak 40.00 Set¼ sec post bur oak 8 N 48°E 0.32 71.00 Meander post black oak 8 N 48°E 0.72 80.00 Sec corner of sec 25, 26, 35 and 36 on ice Surface undulating soil 2nd rate meadow good for hay Timber black oak underbrush For the north line of the section: Random east between sec 25 and 36 - var 11°35'E 79.75 Intersect range line 120 links north of post Corrected west between sec 25 and 36 · var 10 0 43'E 35.50 Enter marsh bears NE and SW 39.87 Set¼ sec post no trees, impossible to make mound 55.00 Leave marsh for scrub oak 70.50 Lake set meander post black oak 7 S 25 0 W 0.09 79.75 Section corner in lake Surface undulating except marsh, soil 2nd rate, marsh unfit for cultivation. Timber scattering black oak, underbrush

Field Survey: The field survey is shown on Figure 27. This trav­ erse was run around three sections to detennine the positions of the monuments necessary for the location of west and north lines of Sec- tion 36 by lost methods. The monuments necessary for the reestab­ lishment of the northwest comer of Section by double proportionate methods are the northeast corner Section 36 {F), the northeast corner of Section 26 (R'), the southwest corner of Section 26 (V) and the west quarter corner of Section 36 (M). All of these monuments are :n place. The survey was made with a one-second theodolite and electronic measuring equipment. Point Vis near the leaf spring marking the southeast comer of Government Lot 1. -54-

T s R R

,· '. ,. .,-.. ,-­ ... "' ·- .. --· !- _,: :.... ,. "--·· '-·· "'""'' FISH

LAKE u

V F C

TRAVERSE 2

·---, . ',--· ._.,...... __ ...."' ·.

TRAVERSE 1 I

0 J " y L K Length Closing Error Katio of Precision Traverse 1 23,192.64 ft 0.59 ft 1:54000 Traverse 2 31,328.95 ft 0.57 ft 1:41000

o - Section monuments 6 - Traverse monuments

Figure 27. Traverse of Sections 25, 26, 35 and 36. -55-

Notes for 1913 Survey: This survey was a complete survey of all lines in the section and a subdivision of the section into quarter­ quarters. The dimensions of the sides are shown in Figure 28. 5380 LAKl:. 1332 2664 ft I I I , I I I I .--1 ~I ...... !:'- -- J LO ~I N NILO \.0 .--1 I M I

M =- __2671..:~ _ 2.:·,..:-;_ _Z§_2~S..--- ~ ~ ,_II, __ . ~

i.()

.--1 0 0 LO \.0 N N "°

2630.7 2630.7 5261. 5 Figure 28. 1913 Survey Dimensions Notes for the south line of the section Corm1ence at SE cor Sec 36, found stone at comer Thence Wvar 80 30' 1320 stake on line - To set 1/16 car move 4.6 ft E and 3.0 ft N 2640 stake on line - To set 1/4 car move 9.25 ft E and 6.0 ft N 3960 stake on line - To set 1/16 car move 13.9 ft E and 9.0 ft N 5261.5 Intersect 12 ft S of SW aec car of 36 as located from witness tree Br. 0. S57½ E 33.5 ft Witness for 1/16 car Wof S~ car 8.0. 12 11 N 4 ft center of tree. ~ates for the east line of the section Commence at SE cor Se8. 36. There a N sight on E~ cor located from Br. 0. W.T. N 70 45'E. Found rotted stump of old tree. 1320 Stake on line. To set 1/16 comer move 19.55 ft S 2601 E\ cor as located from W.T. 3921 Temp. 1/16 car. To correct move 34.5 ft Sand 18. 1 ft E 5172 NE cor of sec. Intersect 36.25 ft Wof sec cor. Found old stake at sec car and fence line to east. -56-

Principles and Procedures:

1. Establishing the NW corner of Section 3f oy lost methods was analyzed first. The establishment of a lost interior section corner must be by double proportionate measure. The dimensions, from the ori­ ginal field notes, must be held in all four directions from the monument being relocated. These monuments, mentioned previously, are diagrammed on Figure 29. Also, as can be seen in the field notes, the survey was made in the winter and the survey continued across the ice as if the lake did not exist. In this case the proper method is the same as for a regular section, i.e. not frac­ tional.

25 0 - Monuments for double proportion.

35 36

Figure 29. Double Proportion

Since the coordinates of all monuments that are necessary for double proportional method are known, the coordinates of the NW corner of ::~ection 36 and the SE corner of the Government lot can be computed. The computed position of the NW corner of Section 36 resulted in the west line of the section falling about 100 feet east of the anticipated location, i.e. the fence location, and would pass through the fann house located on the Government lot. The computed position of the SE corner of the Government Lot 1 missed the leaf spring about 40 feet.

2. The second analysis was based on survey notes of 1913 in Section 36 and notes of 1918 and 1959 in Section 25. These notes might lead to a solution through obliterated methods. An obliterated corner is one which can be reestab1ished in its original physical location. ·--·------If the above surveys prove reliable, then they can be used for the -57-

reestablishment of the meander corners and the north quarter corner.

On the 1959 notes the north quarter corner and the meander corner on the north line of Section 36 were used. There is sufficient in­ formation, angles and distances, to reset these points. The distance agreed with the dimension for the north line as surveyed in the 1913 survey. This implies that the 1918 and 1959 surveys were based on the 1913 survey. The accuracy of the 1913 survey becomes important. Figure 30 shows the 1967 electronic distances and a computed distance from the east to west quarter comers. The comparison of the 1913 and 1967 distances is tabulated.

_____ ...J . I 0 LO N" 'I I 5306.91 ft ------., ------·.._,I...... ,::--:, __ ,, I

I I.O . I CX). CX) 0 I 0 I.O"'" I.O N I N I I 2631.02 I 2630.48

Figure 30. Section 36 - Electronic Distances

COMPARISON OF SURVEY RESULTS Line 1913 Survey 1967 Survey Difference W¼ to SW Cor 2650.0 2648.71 + 1. 29 ft SWWCor to S¼ 2630.7 2631. 02 -0.33 S¼ to SE Cor 2630. 7 2630. 48 +0.22 SE Cor to E¼ 2601 2600.86 +O. 14 E¼ to NE Cor 2571 2570.74 +0.26 E¼ to W¼ Cor 5307. 0 5306.91 +0.09 -58-

The comparison between the two surveys is remarkably good and indi­ cates that the 1913 survey was well executed and that the present day monuments are those used in 1913.

Using this information and assuming that all dimensions in the 1913 survey are correct, the direction of the north line was computed using the dimension from the south quarter corner to the north quarter corner and the dimension of 2664 ft from the Northeast corner of Sec­ tion 36 to the north quarter corner, and the coordinates cf the 1967 survey for the northeast section corner and the south quarter corner. This direction (of the north line) checked within ten seconds of that given in the 1959 survey in Section 25.

The coordinates of the southeast corner of the Government lot were computed and these values checked within two feet of the location of the leaf spring. The subsequent surveyed lines agreed within two feet of the old fences. Any differences can be attributed to the increase in accuracy of the survey made in 1967. Government Lot 1 has been correctly surveyed and the corners have been re-established in their original locations. This is the intent of the second General Rule: "That the physical evidence of the original township, section, quar­ ter section, and other monuments must stand as the true corners of the suodivisions which they were intended to represent, and will be given controlling preference over the recorded directions and lengths of lines." -59-

CASE X TOWNSHIP 4th PRINCIPAL MERIDIAN Township 31 North, Range 20 West Washington County, Minnesota

Sketch: Infonnation from township plat

(, Inst rue ti ons 1846 40.73 It I 6 5 ' 4 3 2 l 40

7 12

Inte ... ior sec ~ions su "'veyed 18 by i ~structi 1 ms of 1 J46, 13 1851 or 1855

19 24

30 25

31 36 40• Ins true tions 18. )0 43 - ~ 3rd Correction Line North. Fi gu re 31. Towns hi p 4th P. M.

The Instructions of 1855 were the first to be made a part of con­ tracts and all surveyors should be familiar with these instructions. However earlier Instructions give us guides as how 11 to follow in the footsteps 11 of the public land surveyor. T31N, R20W of the 4th PM is a good illustration of the different Instructions in force in Minne­ sota in the early survey days. Figure 31 shows where the different Instructions were used in this township. Portions of these Instruc­ tions and the appropriate field notes follow. -60-

Instructions 1850 Township lines. "The western oortion of the south boundary of Section 31, in each township, should, however, be made as much over 40 chains in length, as the western portion of Section 6, will fall short of 40 chains in length on the next correction line north, so that each range shall average six miles in width." Field notes: West on South side Section 31 var 10°40 'E 40.00 Set post at 1/4 Section cor in mound of earth and sod Pit 8 lks E. 68.00 Enter marsh N and S 77 .00 Leave marsh N and S 83.00 Set post at township corner bet Ranges 20 and 21 in mound of earth and sod 2 Pits 10 lks N and S. Mostly level poor 2nd rate Very scattering Wand~ Oak and Aspen

Instructions 1846 Township lines. "Upon the base or township line forming the southern boundary of your district, township corners are established at intervals of six miles. From each of these corners you are to run range lines due north, six miles; ------establishing quarter section and section corners to the end of the sixth mile, where you wi 11 temporarily set a township corner post. 11 11 You will then commence at a township corner upon the first range line east of your district, and immediately east of the township corner posts temporarily set by you, and from thence run due west across your whole district, intersecting your range lines at or within three chains and fifty links, due north or south, of your said six mile posts. At the point of intersection, if within the above limits, you wi 11 establish a township corner." Fie 1d notes ;

North between Sec. 1 and 6 var 11°45'E 40.00 Set post at 1/4 Sec. cor. Aspen 12 533W 12 Aspen 12 S38E 10

80. 73 Township corner of T 32 and 31, Ranges 20 and 21 W Aspen 12 S70W 25 Aspen 12 NlOW 100 Land rolling soil 2nd rate. Timber Aspen and Oak Aug. 12, 1847 -61-

West between Sec. 6 and 31 var 11°15• 7.00 Enter tam. swamp 7.55 Tam. swamp 14.00 Leave swamp N. 40.00 Set post at 1/4 Sec. cor. B. Oak 10 Sl7E 31 B. Oak 10 Sl9W 40 79. 10 Intersect west boundary 73 links N of temp, 6 mile post. and set post for corner to Townships 31 and 32 N, Ranges 20 and 21W Aspen 12 S70W 250 Aspen 12 NlOW 100 Land low and wet soil 3rd rate. Timber Oak, Tam. , Aspen Aug. 20, 1847

The sections in the above township were surveyed according to the Instructions of either 1846, 1851, or 1855. In T48N, R22W of the 4th PM which was run in 1873 the convergence was set on the 5th correction line north by making the west side of Section 31 wide (1850) but the Instructions of 1855 were being followed on the west township line - not the 1846 Instructions. The 1855 Instructions for the subdivision of sections has remained virtually unchanged to the 1947 Instructions.

In the Instructions of 1855 and all later instructions the south side of Section 31 on standard parallels was exactly 80 chains long. In surveys under the 5th PM a lost 1/4 section corner of Section 31

11 11 would be pl aced mi dway and on line between the sec ti on corners • Fo 1- l owing this principle in the 4th PM surveys without proper knowledge or search of the record can cause a serious error of location.

In the Instructions of 1855 and later the north one-half mile of Section 6 was always 40 chains (except when closing on a standard par­ allel) whereas in the 4th PM surveys this north one-half mile can be an odd dimension in many townships. -62-

General Instructions of 1855 Exteriors or Township lines The principal meridian, the base line and the standard parallels having been first run, measured, and marked, and the corner boundaries thereon established, according to instructions, the process of running, measuring, and marking the exterior lines of the townships will be as follows:

Commencing at No. 1 being the soutt1west corner of township l, north, range 1, west, as established on the base line, thence north, on a true meridian line, four hundred and eighty chains, establishing the section and quarter-section corners thereon, a~ per instructions, to No. 2, whereat establish the corner of townships 1 and 2, north, ranges 1 and 2, west; thence east, on a random line or trial line, setting temporary section and quar­ ter section stakes, to No. 3, where n~asure and note the dis­ tance at which the line intersects tne eastern boundary, north or south of the true or established corner. Run and measure westward, on the true line, (taking care to note all the land and water crossings, etc. i as per instructions) to No. 4, which is identical to No. 2, establishing the section and quarter section permanent corners on said line. Should it happen, how­ ever, that such random line falls short, or overruns in length, or intersects the eastern boundary of the township at more than three chains and fifty links distance from the true corner thereon, as compared with the corresponding boundary on the south, (either of which would indicate an important error in the surveying) the lines must be retraced, even if found neces­ sary to remeasure the meridional boundaries of the township, (especially the western boundary) so as to discover and correct the error, in doing which, the true corners must be established and marked, and the false ones destroyed and obliterated to prevent confusion in future; and all the facts must be distinct­ ly set forth in the notes. ------

Method of Subdividing l. The first mile, both of the south and east boundaries of each town­ ship you aie required to subdivide, is to be carefully traced and measured before you enter upon the subdivision thereof. This will enable you to observe any change that may have taken place in the magnetic variation, as it existed at the tin~ of running the town­ ship lines, and will also enable you to compare your chaining with that upon the township lines. 2. Any distrepancy, arising either from a change in the magnetic variation or a difference in measurement, is to be carefully noted in the field notes. -63-

3. After adjusting your compass to a variation which you have thus found will retrace the eastern boundary of the township, you will commence at the corner to sections 35 and 36, on the south boundary and run a line due north, forty chains, to the quarter section corner which you are to establish between sections 35 and 36; continuing due north forty chains further, you will es­ tablish the corner to sections 25, 26, 35 and 36. 4. From the section corner last named, run a random line, without blazing, due east, for corner of sections 25 and 36, in east boundary and at forty chains from the starting point set a post for temporary quarter section corner. If you intersect exactly at the corner, you will blaze your random line back, and estab- 1i$h it as the true line; but if vour random line intersects the said east boundary, either north or south of said corner, you will measure the distance of such intersection, from which you will calculate a course that will run a true line back to tne corner from which your random started. You will establish the permanent quarter section corner at a point equidistant from the terminations of the true line. 5. The subdivisions of fractional sections into forty acre lots, (as near as may be,) are to be so laid down on the official town­ ship plat in red lines, as to admit of giving to each a specific designation, if possible, according to its relative position in the fractional section, as per examples afforded by diagram B, as well as by a number, in all cases where the lot cannot prop­ erly be designated as a quarter-quarter. -64-

CASE XI TOWNSHIPS 5th PRINCIPAL MERIDIAN

Townships 104 North, Ranges 104 - 105 West, Faribault County, Minnesota

Sketch: Information from township plat.

T 10.S N T /OS N . .I? l'S W l?. 24 Vil - - 31 36 . ,, ./ .._,,,,. ., 36 JI V), - ' ' , ._. - ', - '., , . 43_,,,. '\ ~ ..:i.:~ ~ 34 42 1./l r--' ; ~',W.C )~ ~ 40 l r-- N' ,:: 40 "6)..:: co' ) ~ L.(") ..... co N

I . ' r 104 N T 104 N. R. 25 w ~ \0 R. 24 w .I

, I ---6 I --- Mi------,, --- - -·6 A1i------R.2S W R.24W

Figure 32. Townships 5th P.M.

The surveys of the 5th PM in Minnesota were much more uniform than those under the 4th PM. However there are several points that call for caution in the field determination of which monument (on a closing line) to use for the sections to the north and which monuments to use for the sections to the south. The classical diagram for primary lines, Figure 7, page 17 shows that for east ranges the easterly monu­ ment is used for the sections to the north and the westerly monument for -65- sections to the south; for west ranges the reverse is true. To under­ stand this case we need the following field notes:

North on line between Secs. 1 -and 6 var 12°10 1 E 40.00 Set 1/4 section post. Drove charred stake made mound with pits and trench and planted osage orange seeds E and W. 82.00 Intersect Standard Parallel No. 1 285 lks west of post, corner to Twp 105, Ranges 23 and 24. Set post (closing corner). Drove charred stake, made mound with trench and pits and planted osage orange seeds E and W. Tl04N, between Ranges 24 and 25 W. North on line between Sec. 1 and 6 var 12°30'E 34.00 Enter uncultivable marsh, brs W 40.00 1/4 section corner in marsh Therefore set Witness corner for 1/4 sec post in mound as per instructions 600 links North of true 1/4 Car deposited charred stake and osage orange seeds E and W. 46.UO Leave marsh brs E and W 80.00 Set post in mound as per instructions for comer to Twps 104 and 105 North of Ranges 24 and 25 West of the 5th PM. deposited charred stake and osage orange seeds at each angle. Tl04N between Kanges 25 and 26 W. North between Sections 1 and 6 var 12°SO'E 40.00 Set 1/4 section post drove charred stake raised mound of earth with trench and pits as per instructions, planted Prussian Pine, osage orange seeds N and S 42.00 Enter uncultivable marsh brs NE 45.00 Leave marsh brs NE 83.64 Intersect 1st Standard Parallel N. 182 links East of comer to Townships 105N of Ranges 25 and 26 and set post for closing corner to Townships 104N of Ranges 25 and 26 West of 5th PM drove charred stake raised mo~nd of earth with trench and pits as per instructions, planted Prussian Pine, oJ~ge orange N and S. July 13, 1854 -66-

As can be seen from the notes and Figure 32 the convergence is reversed for the two examples even though the ranges are all west. The line between Ranges 24 and 25 West was run as a Principal Merid­ ian for the Minnesota survey. A hasty decision on which monuments to use for the sections to the north or south could result in a serious error.

Another point is illustrated in this example. The 1/4 corner of Section 6, Tl04N, R24W was not set and a Witness Corner was set 6 chains north of the true corner. The location of the quarter corner is located 6 chains south of the Witness Comer and on line between the Witness Comer and the southwest corner Section 6. Generally the witness distance is similar to a bearing tree tie and is not a propor­ tional measurement. Most other measurements or ratios in the P.L.S. are proportional. BIBLIOGRAPHY

Pattison, William D. American Rectangular Land Survey System, 1784-1800, Research Paper No. 50 Department of Geography, University of Chicago, Chicago, 1964.

Butler, Nathan. Boundaries and Public Land Surveys of Minnesota, Paper of Minnesota Historical Society, Vol. XII, pp. 649-670.

Simpson, Thomas. The Early Government Land Survey in Minnesota West of the Mississippi River, Paper of Minnesota Historical Society, Vol. X, pp. 57-67.

Manual of Instructions for the Survey of the Public Lands of the United States - 1947, Bureau of Land Management, G.P.O., Wash., D.C. 1947

Restoration of Lost .Q!. Obliterated Comers and Subdivisions of Sec­ tions - 1952, Bureau of Land Management, G.P.O., Wash., D.C., Reprint 1955.

Dodds, J. S. Original Instructions Governing Public Land Surveys 1815-1855, Iowa, 1944.