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Resurveys of Public Lands

James M. Piccone, Proceedings of 30th Annual Rocky Mountain Mineral Law Institute (1984)

The central theme of this paper is the resurvey of public lands by the Bureau of Land Management (BLM). The reader will soon see, however, that the topic cannot be separated entirely from the topics of boundary disputes and private resurveys, and therefore these subjects are covered in passing.1

The basic resurvey discussionthe historical and practical context, the purpose and the mechanics of resurveysis covered in sections 20.02, 20.03, and 20.04. Sections 20.05 and 20.06 cover pure resurvey pointsthe effect of a resurvey and the still-developing concept of bona fide rights.

Procedural aspects of actions arising in connection with a resurvey are discussed in section 20.07. Administrative actions before the Department of the Interior regarding a resurvey often precede court-litigated boundary contests, and the basic procedures in both forums are addressed.

Section 20.08 covers the topics of hiatus and overlap. These are not, strictly speaking, resurvey issues, but these situations are often discovered upon resurvey and are covered here.