Beyond the Title Report or Where did this property ‘really’ come from?
Chris Pucci, PLS Engineering Automation Oregon Department of Transportation
April, 2021 Chris Pucci, PLS
• Professional Land Surveyor • Engineering Automation Section • Focus on New Technology: GNSS Tablets, Ground Penetrating Radar, Machine Control, Research, Specifications, anything new and shiny… Disclaimer • This was a learning and thinking journey, not a rigorous study of history • My statements and opinions are my own and not the State of Oregon’s, ODOT’s, or anyone else • I do not wish to offend anyone! • I am not a Native lands expert • I am NOT passing judgement on anyone How I got here…
• Someone asked me “Where did the land that my property sits on come from?” • I started at the Willamette Stone and gave them the ‘Surveyor’s Answer’ • Not what they were after… Where did this land really come from? • Title report might get you to the original subdivision ~30 years • County records back 100+ years • With some work you can track it back to the original government land grant
• But what about before that point? • Who ‘owned’ it then? The Title Report County Records Search
https://www.clackamas.us/recording County Record Document GLO Historic Research GLO Historic DLC Research GLO Historic Index Research
Everything ‘leftover’ went to the State as of 2/14/1859 GLO Patent Document
The ‘first’ deed
William and Mary Harman – 320 acres
https://glorecords.blm.gov/search/default.aspx Chain of Title Established
• Back to the original grantee • Pretty straight forward • Very well documented
• Easy part is done… ‘American Progress’
John Gast, 1872 US Government ‘Ownership’
• June 15, 1846 Oregon Treaty Signed land becomes part of the United States • August 15, 1848 land becomes part of the Oregon Territory, and begins to be conveyed by the GLO • February 14, 1859 land becomes part of the State of Oregon! • BUT… What about prior to 1846? Pre-US Government ‘Ownership’ • People were here prior to 1846 • Joint US/British Occupation • Whites/Europeans had many settlements and land ‘holdings’ already
• Native people occupied many of their traditional lands as well • Some White vs. Native conflict prior to 1846 1853 First ‘Treaties’ signed
• Treaties/Cessions cleared most of Oregon of Native ‘occupation’
• Placed ‘ownership’ with the US Government for claim by US Citizens Cession vs Treaty
• Cession = The formal giving up of rights, property, or territory by a state. Fancy name for a surrender.
• Treaty = Formally concluded and ratified agreement between countries.
Joel Palmer, US Superintendent of Indian Affairs Oregon Territory Native Lands ~1810 - Present
https://bit.ly/3uftM6z So, what do we do now?
• Dig deeper • Look beyond the title report or the deed history • Start before the Willamette Stone…
• The answers are (mostly) all out there ‘New’ Information Sources
• Tons of ‘new’ resources • Computers, open records laws, digitizers/scanners, and GIS have changed the game • Native Land Digital – Canadian Non- Profit compiled maps of native/indigenous lands for most of the WORLD! OSU Tribal Communities Site
https://guides.library.oregonstate.edu/ land-acknowledgments/oregon Native-land.CA US Forest Service Site Link to Treaty/Cession Archives
https://bit.ly/3wgp7D6 Cession 352
Joseph Sangretta, Cession signer for the Santiam Band of the Kalapuya What did I find out?
• Land was originally inhabited by the La’tiwe/Molalla people • Signed Cession documents on January 22, 1855 in Dayton, Oregon • With other bands signed away most of the Willamette Valley • Land passed ‘officially’ to the US Government • Document is Treaty-Cession #352 By the Numbers - Land
• Cession covered 8 Millions Acres • Promised a ‘reservation’ at a location to be determined
• Eventually moved to the present day Grande Ronde Reservation • Originally ~60,000 acres • ~10,000 acres today
https://www.grandronde.org/ By the Numbers - Population
Year Whites Indigenous 1805 100 50,000 1830 2,500 8,000 1850 12,093 10,000 1900 413,536 4,951 2010 4,000,000 68,000 Now what?
• Good question…
• Think about the past • Understand how the land became ‘property’ and on a deed
• If asked a hard question, dig deeper for the answer Need more info?
Chris Pucci, PLS Project Surveyor – New Technology Oregon Department of Transportation [email protected] 503-986-3542 Side note: We need surveyors!!
• As of April 2021 • Licensed Surveyors in Oregon – 691 w/ PLS only – 168 w/ PE & PLS
*Total includes those with renewal date up to 12 months past due…* BONUS Content! • Maybe… the First Survey Monument set by/for the US Government
• Initial Point for the Survey of the District of Columbia set in 1791
*Possible topic for next year!*