The Public Land Survey System
The PLSS is defined soon after the Constitution is established
The Public Land Survey System (PLSS) is the surveying method used historically over the largest portion of the United States to survey and spatially identify land parcels before designation of eventual ownership, particularly for rural, wild or undeveloped land. It is sometimes referred to as the rectangular survey system, although non rectangular methods such as meandering can also be used. Originally proposed by Thomas Jefferson, the PLSS began shortly after the Revolutionary War, when the Federal government became responsible for large areas west of the thirteen original colonies. The government wished both to distribute land to Revolutionary War soldiers in reward for their service, as well as to sell land as a way of raising money for the nation. Before this could happen, the land needed to be surveyed.The Land Ordinance of 1785 which provided for the systematic survey and monumentation of public domain lands, and the Northwest Ordinance of 1787 which established a rectangular survey system designed to facilitate the transfer of Federal lands to private citizens were the beginning of the PLSS
The Land Ordinance of 1785 was adopted by the Continental Congress in the United States on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States. Therefore, the immediate goal of the ordinance was to raise money through the sale of land in the largely unmapped territory west of the original states acquired after the end of the Revolutionary War in the 1783 Treaty of Paris. Over three-fourths of the area of the continental United States ultimately came under the rectangular survey. The earlier Ordinance of 1784 was a resolution written by Thomas Jefferson (delegate from Virginia) calling for Congress to take action.
The land west of the Appalachian Mountains, north of the Ohio River and east of the Mississippi River was to be divided into ten separate states. However, the 1784 resolution did not define the mechanism by which the land would become states, or how the territories would be governed or settled before they became states. The Ordinance of 1785 put the 1784 resolution in operation by providing a mechanism for selling and settling the land.
The 1785 ordinance laid the foundations of land policy until passage of the Homestead Act in 1862. The Land Ordinance established the basis for the Public Land Survey System. The initial surveying was performed by Thomas Hutchins. After he died in 1789, responsibility for surveying was transferred to the Surveyor General. Land was to be systematically surveyed into square townships, six miles (9.656 km) on a side. Each of these townships were sub-divided into thirty-six sections of one square mile (2.59 km²) or 640 acres. These sections could then be further subdivided for re-sale by settlers and land speculators.The original thirteen states were not surveyed under the rectangular survey system. The majority of the remaining States, including the State of Florida were surveyed using this method by the GLO / BLM. Florida is a public lands state.
In 1833 President Andrew Jackson stated, “These solemn compacts, invented by Congress in a resolution declaring the purposes to which the proceeds of these lands should be applied, originating before the constitution, and forming the basis on which it was made, bound the United States to a particular course of policy in relation to them by ties as strong as can be invented to secure the faith of the nation”.
The ordinance was also significant for establishing a mechanism for funding public education. Section 16 in each township was reserved for the maintenance of public schools. Many schools today are still located in section sixteen of their respective townships, although a great many of the school sections were sold to raise money for public education. In later States, section 36 of each township was also designated as a "school section".
Sections number 8, 11, 26, and 29 in every township were reserved for future sale by the federal government when, it was hoped, they would bring higher prices because of developed land around them. Congress also reserved one third part of all gold, silver, lead, and copper mines to its own use.
The survey was "the first mathematically designed system and nationally conducted cadastral survey in any modern country" and has been cited as "an object of study by public officials of foreign countries as a basis for land reform."Much of the actual surveying was done in the nineteenth century under a contract system managed by the General Land Office (GLO) resulting in the eventual creation of the State Plane Coordinate System. Required and suggested survey methods have changed over time, as described in a series of Instructions and Manuals issued by the GLO beginning in 1851, although the basic framework has remained substantially unchanged since several experimental methods were first used in Ohio, the first state surveyed under the system (and site of the Beginning Point of the U.S. Public Land Survey). The latest edition of the guidelines is the Manual of Surveying Instructions (2009) available from the U.S. Government Printing Office.
Certain lands were excluded from the public domain and were not subject to survey and disposal. These lands include the beds of navigable bodies of water, national installations such as military reservations and national parks, and areas such as land grants that had already passed to private ownership prior to subdivision by the Government. France, Spain, and Mexico all conferred land grants in territory they claimed; many of these grants were confirmed by the U.S Government when the territory in which they were situated was acquired by the United States, and the land was then excluded from the public domain.
Over the past two centuries, almost 1.5 billion acres have been surveyed into townships and sections. The BLM is the Federal Government's official record keeper for over 200 years' worth of cadastral survey records and plats recorded with the Government Land Office (GLO). In addition, the BLM is still completing numerous new surveys each year, mostly in Alaska, as well as conducting resurveys to restore obliterated or lost original survey corners.
The Land Ordinance of 1785 was adopted by the Continental Congress in the United States on May 20, 1785. Under the Articles of Confederation, Congress did not have the power to raise revenue by direct taxation of the inhabitants of the United States. Therefore, the immediate goal of the ordinance was to raise money through the sale of land in the largely unmapped territory west of the original states acquired after the end of the Revolutionary War in the 1783 Treaty of Paris. Over three-fourths of the area of the continental United States ultimately came under the rectangular survey. The earlier Ordinance of 1784 was a resolution written by Thomas Jefferson (delegate from Virginia) calling for Congress to take action.
The land west of the Appalachian Mountains, north of the Ohio River and east of the Mississippi River was to be divided into ten separate states. However, the 1784 resolution did not define the mechanism by which the land would become states, or how the territories would be governed or settled before they became states. The Ordinance of 1785 put the 1784 resolution in operation by providing a mechanism for selling and settling the land.
The 1785 ordinance laid the foundations of land policy until passage of the Homestead Act in 1862. The Land Ordinance established the basis for the Public Land Survey System. The initial surveying was performed by Thomas Hutchins. After he died in 1789, responsibility for surveying was transferred to the Surveyor General. Land was to be systematically surveyed into square townships, six miles (9.656 km) on a side. Each of these townships were sub-divided into thirty-six sections of one square mile (2.59 km²) or 640 acres. These sections could then be further subdivided for re-sale by settlers and land speculators.The original thirteen states were not surveyed under the rectangular survey system. The majority of the remaining States, including the State of Florida were surveyed using this method by the GLO / BLM. Florida is a public lands state.
In 1833 President Andrew Jackson stated, “These solemn compacts, invented by Congress in a resolution declaring the purposes to which the proceeds of these lands should be applied, originating before the constitution, and forming the basis on which it was made, bound the United States to a particular course of policy in relation to them by ties as strong as can be invented to secure the faith of the nation”.
The ordinance was also significant for establishing a mechanism for funding public education. Section 16 in each township was reserved for the maintenance of public schools. Many schools today are still located in section sixteen of their respective townships, although a great many of the school sections were sold to raise money for public education. In later States, section 36 of each township was also designated as a "school section".
Sections number 8, 11, 26, and 29 in every township were reserved for future sale by the federal government when, it was hoped, they would bring higher prices because of developed land around them. Congress also reserved one third part of all gold, silver, lead, and copper mines to its own use.
The survey was "the first mathematically designed system and nationally conducted cadastral survey in any modern country" and has been cited as "an object of study by public officials of foreign countries as a basis for land reform."Much of the actual surveying was done in the nineteenth century under a contract system managed by the General Land Office (GLO) resulting in the eventual creation of the State Plane Coordinate System. Required and suggested survey methods have changed over time, as described in a series of Instructions and Manuals issued by the GLO beginning in 1851, although the basic framework has remained substantially unchanged since several experimental methods were first used in Ohio, the first state surveyed under the system (and site of the Beginning Point of the U.S. Public Land Survey). The latest edition of the guidelines is the Manual of Surveying Instructions (2009) available from the U.S. Government Printing Office.
Certain lands were excluded from the public domain and were not subject to survey and disposal. These lands include the beds of navigable bodies of water, national installations such as military reservations and national parks, and areas such as land grants that had already passed to private ownership prior to subdivision by the Government. France, Spain, and Mexico all conferred land grants in territory they claimed; many of these grants were confirmed by the U.S Government when the territory in which they were situated was acquired by the United States, and the land was then excluded from the public domain.
Over the past two centuries, almost 1.5 billion acres have been surveyed into townships and sections. The BLM is the Federal Government's official record keeper for over 200 years' worth of cadastral survey records and plats recorded with the Government Land Office (GLO). In addition, the BLM is still completing numerous new surveys each year, mostly in Alaska, as well as conducting resurveys to restore obliterated or lost original survey corners.
Correctness of the PLSS System
dimensions (miles) (mile2) area(acres) (m2) (km2) notes
Quadrangle 24 by 24 576 368,640 1,492 Usually 16 townships
Township 6 by 6 36 23,040 93 Usually 36 sections
Section 1 by 1 1 640 2.6
Half-section 1 by 1⁄2 1⁄2 320 1,294,9941.3
Quarter-section 1⁄2 by 1⁄2 1⁄4 160 647,497
Half of quarter-section 1⁄2 by 1⁄4 1⁄8 80 323,749
Quarter of quarter-section1⁄4 by 1⁄41⁄1640161,874
The Land Act of February 11, 1805 - The changes are mostly technical refinements of the process and the procedures of manufacturing and not substantive changes of intent. However, Congress decided to legislate “the correctness of the original surveys” in this ACT of Law; stating that “all original government surveys are correct as to distances, bearings, and area recited on the official plats and in the original field notes and are unassailable except by direct proceedings”… The word unassailable is not defined within the statement, but the Webster dictionary states it’s meaning as 1) that cannot be successfully attacked or assaulted 2) that cannot be successfully denied or contested. Therefore we assert that this action along with the Constitution, reveals the clear intent of Congress in relation to the original surveys that created the boundaries of each of the Public Lands States, and each parcel of land within them by a uniform and consistent method, and that once created could not to be changed. The surveys form the foundation of legal land title transfer for as long as the Nation exists. This is a clear recognition of absolute liability and that no court or government actor of the sub licensed government of the public lands of Florida or any Public Lands State has the authority to relocate, move, or change any material fact established by the original government survey of any Township. Such an action constitutes an un-Constitutional “Taking” without due process, a breach of contract, and a clear abuse of discretion.
It appears that only the BLM has the authority today, to relocate, move or change any portion or detail of any original government survey that was used to patent land to the public. Even that power is severely limited by Law after property rights have been acquired in good faith see “Clark on Surveys and Boundaries 7th Ed.”.
The Purpose of the Rectangular Surveying Method that was adopted by the Continental Congress in 1785 is three fold:
1. The standardization of the process by which the United States of America will establish all of the land boundaries of and within the Nation. particularly the “Public Lands”.
2. The standardization of the production of a Legal document known as a survey of land.
3. To establish the framework and mythology in perpetuity by which the boundaries of the commodity known as “land” can be located, bought, sold, traded, inherited, recorded, and taxed.
This method describes & defines the size & location of land within a Township Range Section “TRS” grid. The role of the TRS Grid is to establish a Township's boundaries, location, the section boundaries within it, and the lot boundaries within each section. Patents and deeds perpetuate the boundaries established by the TRS grid. The grid is designed to be the permanent framework for the production of any accurate future dependent survey of all land contained within it.
The original office for the Federal Government that handled the duties involved with surveying was the General Land Office, or GLO. Later the office became know as the Bureau of Land Management, or BLM. A more recent division of the BLM is known as the United States Geological Survey, or USGS.
It is clear that it took the founders of our nation a lot of time and energy to first devise and then legislate this TRS Grid system into Law. It is also obvious that they planned for the Nation to have more land, but in this case it would be “Public Land”. This means that this new land would be first acquired by the Nation to clear the title, then surveyed, monumented, mapped, recorded, and sold by Patent into the hands of the public, thence the term”Public Lands.” The PLSS- The Public Lands Survey System was created and used by the Federal Government.
We assert that there were many goals in doing so, such as
1) To make it as consistent, as accurate, and as simple as possible to first locate and then fix into the earth monuments that define the boundaries of each State, each County, each Township, each Section, each half Section, and even each lot so found to be within it, by measurement, by field notes, and by plating [drawings]. That all of this is then recorded both officially and publicly for all to know and all to reference for as long as the Nation exist, by force of Law, and the will of the people.
2) So that in this way the Nation can offer in Good Faith to all persons the opportunity to purchase land so defined that their property rights will be protected by the full faith and credit of the Nation from the false claims of others, so that each person would be secure in the ownership of these defined lands, and that the ownership of these defined lands could be perpetuated to their heirs and assigns without undue controversy indefinitely.
3) So that a Nation of persons so vested in land would live in freedom, and peace striving for the common good and the betterment of the Nation that fostered their prosperity, nurtured their political, and personal rights, monumented their property rights, and encouraged their unity.
4) So that the Nation can sell without confusion, overlap or shortage a clear Patent title to these defined lands for revenues to further it’s endeavors on behalf of and for the improvement of all who support freedom and reject tyranny.
The basic strength of the rectangular surveying system and the TRS (Township Range Section) Grid resides in the fact that permanent interrelated corners are monumented into the ground, documented by measurements in the field books, depicted on plats, and referenced for future identification. Each TRS grid control the lines, and they are unalterable. [see “Clark’s on Surveying and Boundaries 7th Ed. Pg. 112 4.06. Monuments” and “ The Acts of Congress”].
The basic weakness in this system is: any un-authorized or improper “movement” or relocation of any element of the Grid will “distort” the rest of the Grid in some way, creating a ripple effect to other corner mislocations. This is fundamentally why Congress expressed a condition on Florida’s Statehood; to preserve and perpetuate the TRS Grids.
Starting and ending in the right place was not hard to do when the Grid was new, with clear, straight paths cut through dense woods and swamps. However, by the time Florida became a State and Patents were issued, we assert that those paths were filled with new growth to become obscured. This growth also made it difficult to locate the light wood stakes used by the BLM. This type of monumentation was used as light wood was not easily prone to decay, and many are placed in areas in or near water within the region. The top was squared to clearly distinguish the stake from other natural forms of wood.
Once the survey system was set up and land is sold in accord, the system can not maintain itself. At this point in time it is a legal mandate from the Office of the Surveyor General to follow the grids.
U.S. CONGRESS RESOLUTIONS:
SEPT., 1780 – COLONIAL STATES ASKED TO CEDE WESTERN HOLDINGS TO FEDERAL GOVERNMENT
OCT., 1780 – RECOMMENDATION THAT CEDED TERRITORY BE FORMED INTO STATES
NOV., 1780 – RECOMMENDATION THAT CEDED LAND BE OPENED FOR SETTLEMENT & FORMED INTO STATES WITH NO STATE EXCEEDING
130 SQUARE MILES.
-LAND SHOULD BE LAID OUT IN 6 MILE SQUARE TOWNSHIPS
-U.S. WAS IN DESPERATE NEED OF FUNDS AND HAD AN ABUNDANCE OF LAND.
-RAISE MONEY AND ENCOURAGE SETTLEMENT TO PROTECT HOLDINGS FROM BRITISH AND AMERICAN INDIANS
.
-CONGRESSIONAL AGREEMENT TO DIVIDE THE NORTHWEST TERRITORY INTO NO MORE THAN 5 STATES – OHIO, INDIANA, ILLINOIS, MICHIGAN & WISCONSIN.
1784: THOMAS JEFFERSON HEADED COMMITTEE TO DEVELOP PLANS FOR USPLSS & IS GENERALLY CREDITED FOR IT.
- RUFUS PUTNAM PROVIDED MUCH IMPORTANT INPUT.
- ORIGINAL PROPOSAL TO DIVIDE LAND INTO SQUARES BASED UPON THE NAUTICAL MILE.
- SECOND PROPOSAL TO DEVELOP INTO TOWNSHIPS 7 MILES SQUARE WITH 49 – 640 AC. TRACTS
1785 - An Ordinance for Ascertaining the Mode of Locating & Disposing of Lands in the Western Territory. May 20, 1785
1.Position of Geographer of United States established to direct surveys.
2.Land divided into townships 6 mi. square by lines run due N-S and other lines crossing at right angles. No allowance for convergence. Originally N-S lines were true meridians, after May 1786, they were allowed to run on magnetic meridians.
3.First line to be N-S starting at Ohio River at a point due north from the west end of the south boundary of Penn. (Ellicott’s P.M.) and the E-W line starts at the same point and runs west across territory (Geographer’s line).
4.Townships and fractions to be numbered from south to north always starting with number 1 at the Ohio River.
5.Ranges to be numbered westward from the P.M.
6.Townships to be divided into 36 lots one mile square. Numbered 1 @ SE Cor. and progressing south to north.
7.External boundaries of township marked every mile. Lots not surveyed in field.
1.No specifications as to equipment, accuracy or procedures.
2.2 areas of Ohio surveyed under this ordinance
1.Seven Ranges (eastern Ohio) 1785-1789
2.Western Ohio 1802
3.No other rectangular surveys between 1789-1796 and as a result six types of survey methods exist in Ohio
and parts not on PLSS.
1788 - Ordinance of 1788
1.Provided that township lines be exactly shown on a plat.
2.Must include all mines, salt licks, mill seats, watercourses, mountains and other important items to be noted.
3.Quality of the land was also to be noted.
4.Did not change process, but made record keeping requirements more specific.
5.Plats and field notes required to be submitted.
1796 - Land Act of May 18, 1796
5 Major Provisions
1.Surveyor General replaced Geographer of the U.S. (he was to employ deputy surveyors to survey the lands)
2.Lands to be divided into townships six miles square with line run due north/south and others crossing at right angles with no allowance for convergence.
3.Alternate section lines were to be run in alternate townships. Thus monuments now exist around a 2 mile square tract with monuments set every mile along these lines. Every other township still not subdivided.
4.Sections numbered as today (boustrophedonically).
5.Records and plats are to be submitted.
Act of June 1, 1796 Provided for special 5 mile sqare townships with monuments set at 2 1/2 mile intervals used in-
1.U.S. Military District
2.Connecticut Western Reserve
3.Society of United Brethren
all in Ohio
1800 - Land Act of March 1, 1800
Corners regularly set by original government surveyors in the field are to be held as the true corners even if later surveys show they had been placed incorrectly, all other provisions remain the same.
Land Act of May 10, 1800
All discrepancies due to convergence and errors would be placed in the north and west tier of sections in a township.
All section lines to be run in the field.
Monuments to be set every ½ mile on the north and south sides of the section, no provision for ¼ corners on the east and west side.
1803 - Land Act of March 3, 1803
Provided for disposal of lands south of Tennessee; provided for the appointment of a “SURVEYOR” (with the same powers as Surveyor General) for the area northwest of the Ohio River.
1805 - Land Act of February 11, 1805
Last of the important amendments of Public Land Survey System and related to Illinois, Indiana, and other states surveyed later.
1.Provided for completion of townships (alternate sections in alternate townships) from Act of 1796.
2.Provided for subdivision of ½ sections purchased prior to July 1804 to be surveyed and marked.
Public Land system by 1814 (Review)
1.Land Divided into townships 6mi2 by running lines due north and south and due east and west with no allowance for convergence
Magnetic 1786-1796, astronomic thereafter
2.Townships divided into 36 parcels, after that sections.
3.Numbering process of townships and ranges established
4.Lines monumented every ½ mile
5.All discrepancies due to convergence and error in N & W tier of section
6.Corners set as original are held as true corners, even if found wrong later.
7.Sections to be divided into quarter sections using straight lines between ¼ corners
8.Record of survey kept in field book and plat – must be turned in
9.Variations permitted from established system allowed when necessary
10.Survey procedures not specified; only equipment specified by act was chain; accuracy not prescribed.
1817 - Land Act of February22, 1817
This provided that sections 2, 5, 20, 23, 30, 33 in all townships could be sold as ¼ sections (160 acres) or ½ ¼ sections (80 acres); division of ¼ section made by line running North - South
1820 - Land Act of April 24, 1820
All sections in all townships can be broken into ½ ¼ sections with division north-south; only exception being fractional sections of less than 160 acres must be sold entire; remainder covers land sale requirements (land @ $1.25/Ac min.)
1824 - Land Act of May 24, 1824
Allows president to depart from ordinary methods of surveying along rivers, lakes, bayou or watercourse; must be in publics best interest; can cause land to be surveyed into 2 acre wide tracts (Water front) and running back a depth of 40 acres (417.42’ x 8348.41’); must be sold entire.
Beginning of Surveys of Public Domain
Started in area of eastern Ohio – 7 ranges (2500 square miles).
Ohio has as many as 20 different methods of surveying.
West boundary of Pennsylvania is the initial reference line with E-W line extended west from Ohio River due north of the SW corner of Pennsylvania.
Consists of 6 miles square township with lines in cardinal directions.
To be done by 13 surveyors (1 from each state).
Started in 1784 – extended Mason-Dixon line 24 miles to the SW corner of Pennsylvania.
Then north 63 miles to the Ohio River.
Actual Survey of 7 Ranges started September 1785.
When completed (42 miles) an error of 1500’ S. occurred.
Large amount of error due to trying to run true meridian, after that it was done using magnetic compass.
Quadrangle 24 by 24 576 368,640 1,492 Usually 16 townships
Township 6 by 6 36 23,040 93 Usually 36 sections
Section 1 by 1 1 640 2.6
Half-section 1 by 1⁄2 1⁄2 320 1,294,9941.3
Quarter-section 1⁄2 by 1⁄2 1⁄4 160 647,497
Half of quarter-section 1⁄2 by 1⁄4 1⁄8 80 323,749
Quarter of quarter-section1⁄4 by 1⁄41⁄1640161,874
The Land Act of February 11, 1805 - The changes are mostly technical refinements of the process and the procedures of manufacturing and not substantive changes of intent. However, Congress decided to legislate “the correctness of the original surveys” in this ACT of Law; stating that “all original government surveys are correct as to distances, bearings, and area recited on the official plats and in the original field notes and are unassailable except by direct proceedings”… The word unassailable is not defined within the statement, but the Webster dictionary states it’s meaning as 1) that cannot be successfully attacked or assaulted 2) that cannot be successfully denied or contested. Therefore we assert that this action along with the Constitution, reveals the clear intent of Congress in relation to the original surveys that created the boundaries of each of the Public Lands States, and each parcel of land within them by a uniform and consistent method, and that once created could not to be changed. The surveys form the foundation of legal land title transfer for as long as the Nation exists. This is a clear recognition of absolute liability and that no court or government actor of the sub licensed government of the public lands of Florida or any Public Lands State has the authority to relocate, move, or change any material fact established by the original government survey of any Township. Such an action constitutes an un-Constitutional “Taking” without due process, a breach of contract, and a clear abuse of discretion.
It appears that only the BLM has the authority today, to relocate, move or change any portion or detail of any original government survey that was used to patent land to the public. Even that power is severely limited by Law after property rights have been acquired in good faith see “Clark on Surveys and Boundaries 7th Ed.”.
The Purpose of the Rectangular Surveying Method that was adopted by the Continental Congress in 1785 is three fold:
1. The standardization of the process by which the United States of America will establish all of the land boundaries of and within the Nation. particularly the “Public Lands”.
2. The standardization of the production of a Legal document known as a survey of land.
3. To establish the framework and mythology in perpetuity by which the boundaries of the commodity known as “land” can be located, bought, sold, traded, inherited, recorded, and taxed.
This method describes & defines the size & location of land within a Township Range Section “TRS” grid. The role of the TRS Grid is to establish a Township's boundaries, location, the section boundaries within it, and the lot boundaries within each section. Patents and deeds perpetuate the boundaries established by the TRS grid. The grid is designed to be the permanent framework for the production of any accurate future dependent survey of all land contained within it.
The original office for the Federal Government that handled the duties involved with surveying was the General Land Office, or GLO. Later the office became know as the Bureau of Land Management, or BLM. A more recent division of the BLM is known as the United States Geological Survey, or USGS.
It is clear that it took the founders of our nation a lot of time and energy to first devise and then legislate this TRS Grid system into Law. It is also obvious that they planned for the Nation to have more land, but in this case it would be “Public Land”. This means that this new land would be first acquired by the Nation to clear the title, then surveyed, monumented, mapped, recorded, and sold by Patent into the hands of the public, thence the term”Public Lands.” The PLSS- The Public Lands Survey System was created and used by the Federal Government.
We assert that there were many goals in doing so, such as
1) To make it as consistent, as accurate, and as simple as possible to first locate and then fix into the earth monuments that define the boundaries of each State, each County, each Township, each Section, each half Section, and even each lot so found to be within it, by measurement, by field notes, and by plating [drawings]. That all of this is then recorded both officially and publicly for all to know and all to reference for as long as the Nation exist, by force of Law, and the will of the people.
2) So that in this way the Nation can offer in Good Faith to all persons the opportunity to purchase land so defined that their property rights will be protected by the full faith and credit of the Nation from the false claims of others, so that each person would be secure in the ownership of these defined lands, and that the ownership of these defined lands could be perpetuated to their heirs and assigns without undue controversy indefinitely.
3) So that a Nation of persons so vested in land would live in freedom, and peace striving for the common good and the betterment of the Nation that fostered their prosperity, nurtured their political, and personal rights, monumented their property rights, and encouraged their unity.
4) So that the Nation can sell without confusion, overlap or shortage a clear Patent title to these defined lands for revenues to further it’s endeavors on behalf of and for the improvement of all who support freedom and reject tyranny.
The basic strength of the rectangular surveying system and the TRS (Township Range Section) Grid resides in the fact that permanent interrelated corners are monumented into the ground, documented by measurements in the field books, depicted on plats, and referenced for future identification. Each TRS grid control the lines, and they are unalterable. [see “Clark’s on Surveying and Boundaries 7th Ed. Pg. 112 4.06. Monuments” and “ The Acts of Congress”].
The basic weakness in this system is: any un-authorized or improper “movement” or relocation of any element of the Grid will “distort” the rest of the Grid in some way, creating a ripple effect to other corner mislocations. This is fundamentally why Congress expressed a condition on Florida’s Statehood; to preserve and perpetuate the TRS Grids.
Starting and ending in the right place was not hard to do when the Grid was new, with clear, straight paths cut through dense woods and swamps. However, by the time Florida became a State and Patents were issued, we assert that those paths were filled with new growth to become obscured. This growth also made it difficult to locate the light wood stakes used by the BLM. This type of monumentation was used as light wood was not easily prone to decay, and many are placed in areas in or near water within the region. The top was squared to clearly distinguish the stake from other natural forms of wood.
Once the survey system was set up and land is sold in accord, the system can not maintain itself. At this point in time it is a legal mandate from the Office of the Surveyor General to follow the grids.
U.S. CONGRESS RESOLUTIONS:
SEPT., 1780 – COLONIAL STATES ASKED TO CEDE WESTERN HOLDINGS TO FEDERAL GOVERNMENT
OCT., 1780 – RECOMMENDATION THAT CEDED TERRITORY BE FORMED INTO STATES
NOV., 1780 – RECOMMENDATION THAT CEDED LAND BE OPENED FOR SETTLEMENT & FORMED INTO STATES WITH NO STATE EXCEEDING
130 SQUARE MILES.
-LAND SHOULD BE LAID OUT IN 6 MILE SQUARE TOWNSHIPS
-U.S. WAS IN DESPERATE NEED OF FUNDS AND HAD AN ABUNDANCE OF LAND.
-RAISE MONEY AND ENCOURAGE SETTLEMENT TO PROTECT HOLDINGS FROM BRITISH AND AMERICAN INDIANS
.
-CONGRESSIONAL AGREEMENT TO DIVIDE THE NORTHWEST TERRITORY INTO NO MORE THAN 5 STATES – OHIO, INDIANA, ILLINOIS, MICHIGAN & WISCONSIN.
1784: THOMAS JEFFERSON HEADED COMMITTEE TO DEVELOP PLANS FOR USPLSS & IS GENERALLY CREDITED FOR IT.
- RUFUS PUTNAM PROVIDED MUCH IMPORTANT INPUT.
- ORIGINAL PROPOSAL TO DIVIDE LAND INTO SQUARES BASED UPON THE NAUTICAL MILE.
- SECOND PROPOSAL TO DEVELOP INTO TOWNSHIPS 7 MILES SQUARE WITH 49 – 640 AC. TRACTS
1785 - An Ordinance for Ascertaining the Mode of Locating & Disposing of Lands in the Western Territory. May 20, 1785
1.Position of Geographer of United States established to direct surveys.
2.Land divided into townships 6 mi. square by lines run due N-S and other lines crossing at right angles. No allowance for convergence. Originally N-S lines were true meridians, after May 1786, they were allowed to run on magnetic meridians.
3.First line to be N-S starting at Ohio River at a point due north from the west end of the south boundary of Penn. (Ellicott’s P.M.) and the E-W line starts at the same point and runs west across territory (Geographer’s line).
4.Townships and fractions to be numbered from south to north always starting with number 1 at the Ohio River.
5.Ranges to be numbered westward from the P.M.
6.Townships to be divided into 36 lots one mile square. Numbered 1 @ SE Cor. and progressing south to north.
7.External boundaries of township marked every mile. Lots not surveyed in field.
1.No specifications as to equipment, accuracy or procedures.
2.2 areas of Ohio surveyed under this ordinance
1.Seven Ranges (eastern Ohio) 1785-1789
2.Western Ohio 1802
3.No other rectangular surveys between 1789-1796 and as a result six types of survey methods exist in Ohio
and parts not on PLSS.
1788 - Ordinance of 1788
1.Provided that township lines be exactly shown on a plat.
2.Must include all mines, salt licks, mill seats, watercourses, mountains and other important items to be noted.
3.Quality of the land was also to be noted.
4.Did not change process, but made record keeping requirements more specific.
5.Plats and field notes required to be submitted.
1796 - Land Act of May 18, 1796
5 Major Provisions
1.Surveyor General replaced Geographer of the U.S. (he was to employ deputy surveyors to survey the lands)
2.Lands to be divided into townships six miles square with line run due north/south and others crossing at right angles with no allowance for convergence.
3.Alternate section lines were to be run in alternate townships. Thus monuments now exist around a 2 mile square tract with monuments set every mile along these lines. Every other township still not subdivided.
4.Sections numbered as today (boustrophedonically).
5.Records and plats are to be submitted.
Act of June 1, 1796 Provided for special 5 mile sqare townships with monuments set at 2 1/2 mile intervals used in-
1.U.S. Military District
2.Connecticut Western Reserve
3.Society of United Brethren
all in Ohio
1800 - Land Act of March 1, 1800
Corners regularly set by original government surveyors in the field are to be held as the true corners even if later surveys show they had been placed incorrectly, all other provisions remain the same.
Land Act of May 10, 1800
All discrepancies due to convergence and errors would be placed in the north and west tier of sections in a township.
All section lines to be run in the field.
Monuments to be set every ½ mile on the north and south sides of the section, no provision for ¼ corners on the east and west side.
1803 - Land Act of March 3, 1803
Provided for disposal of lands south of Tennessee; provided for the appointment of a “SURVEYOR” (with the same powers as Surveyor General) for the area northwest of the Ohio River.
1805 - Land Act of February 11, 1805
Last of the important amendments of Public Land Survey System and related to Illinois, Indiana, and other states surveyed later.
1.Provided for completion of townships (alternate sections in alternate townships) from Act of 1796.
2.Provided for subdivision of ½ sections purchased prior to July 1804 to be surveyed and marked.
Public Land system by 1814 (Review)
1.Land Divided into townships 6mi2 by running lines due north and south and due east and west with no allowance for convergence
Magnetic 1786-1796, astronomic thereafter
2.Townships divided into 36 parcels, after that sections.
3.Numbering process of townships and ranges established
4.Lines monumented every ½ mile
5.All discrepancies due to convergence and error in N & W tier of section
6.Corners set as original are held as true corners, even if found wrong later.
7.Sections to be divided into quarter sections using straight lines between ¼ corners
8.Record of survey kept in field book and plat – must be turned in
9.Variations permitted from established system allowed when necessary
10.Survey procedures not specified; only equipment specified by act was chain; accuracy not prescribed.
1817 - Land Act of February22, 1817
This provided that sections 2, 5, 20, 23, 30, 33 in all townships could be sold as ¼ sections (160 acres) or ½ ¼ sections (80 acres); division of ¼ section made by line running North - South
1820 - Land Act of April 24, 1820
All sections in all townships can be broken into ½ ¼ sections with division north-south; only exception being fractional sections of less than 160 acres must be sold entire; remainder covers land sale requirements (land @ $1.25/Ac min.)
1824 - Land Act of May 24, 1824
Allows president to depart from ordinary methods of surveying along rivers, lakes, bayou or watercourse; must be in publics best interest; can cause land to be surveyed into 2 acre wide tracts (Water front) and running back a depth of 40 acres (417.42’ x 8348.41’); must be sold entire.
Beginning of Surveys of Public Domain
Started in area of eastern Ohio – 7 ranges (2500 square miles).
Ohio has as many as 20 different methods of surveying.
West boundary of Pennsylvania is the initial reference line with E-W line extended west from Ohio River due north of the SW corner of Pennsylvania.
Consists of 6 miles square township with lines in cardinal directions.
To be done by 13 surveyors (1 from each state).
Started in 1784 – extended Mason-Dixon line 24 miles to the SW corner of Pennsylvania.
Then north 63 miles to the Ohio River.
Actual Survey of 7 Ranges started September 1785.
When completed (42 miles) an error of 1500’ S. occurred.
Large amount of error due to trying to run true meridian, after that it was done using magnetic compass.
