Nuggets of Truth pertaining to the Resolution of Property Boundaries

The following are some quotes from reputable texts pertinent to the process of determining the location of property boundaries.
---------------------------------------------------------------------------------------------------------------

Quotes from Boundaries and Landmarks, A Practical Manual, by A. C. Mulford, 1912

“Since no two problems present exactly the same complications, it is useless for any one to attempt to lay out any fixed rules of procedure, yet it may be fairly said that from experience each surveyor acquires a certain amount of definite information concerning boundaries and landmarks and certain definite conceptions concerning the relative importance of different kinds of evidence, both direct and circumstantial. He is compelled to formulate for his own use certain general methods of procedure, and it is probable that the methods worked out by different surveyors bear a much closer resemblance to each other than would be supposed at first thought.” (page 2)

"... when it comes to a question of the stability of property and the peace of the community, it is far more important to have a somewhat faulty measurement of the spot where the line truly exists than it is to have an extremely accurate measurement of the place where the line does not exist at all." (page 3)

"For the solution of these problems [of boundary location] no general rules can be laid down; each man must work out his own salvation." (page 87)

"The problems of boundary lie at the foundation of all surveying, for one must know where a line is before he can measure it, and the solution of these problems calls for the same powers of accurate observation and of consecutive and logical thought that are demanded for successful work in any branch of modern science. It is needless to say that the successful surveyor must be accurate in his instrument work and in his computation; yet, if he would really succeed, he must go beyond this. He must add to this the patience to collect all the evidence which can be found bearing upon the case in hand, together with the ability to weigh this evidence to a nicety and to determine clearly the course pointed out by the balance of probability." (pages 87-88)

“The watchwords of the surveyor are Patience and Common Sense.” (page 88)

“Dishonesty in ordinary business life cannot long be hid and errors in accounts quickly come to light, but the false or faulty survey may pass unchallenged through the years, for few but the Surveyor himself are qualified to judge it.” (page 89)

Quotes from Boundary Control and Legal Principles, Third Edition, by Curtis M. Brown, Walter G. Robillard and Donald A. Wilson, 1986.

“When proving that a monument or line is an original, the surveyor must know what older surveyors usually set, how they made their measurements, and how lines were marked.  Thus some knowledge of history and the law of evidence is essential.” (page 1)

“Land surveyors, when locating land boundaries, are charged with the responsibility of adequately gathering facts, correctly evaluating them, and arriving at conclusions of law.” (pages 365-366)

“The three main causes of disagreement between surveyors are (1) failure to locate all of the documents that give essential information about the area being surveyed, (2) inadequate field search for monuments, and (3) incorrect interpretation of evidence or the meaning of documents.” (page 371)

“A diligent, thorough, and complete search for all evidence is the fundamental essence of land surveying.  Failure to find an original monument position can only lead to the possibility of future litigation and can impart liability upon the less than diligent surveyor.” (page 372)

“The objective of the resurveyor is to locate where the original surveyor ran his lines on the face of the earth, and this determination should be in accordance with the best available evidence.  At times possession may be the best available evidence remaining, but such a determination should only be made after a complete analysis of all the evidence, such as the age of fencing, ring count in overgrowth on tree blazing, and the collection of testimony.” (page 372)

“Since evidence varies in degree of importance, the surveyor must have knowledge of the order of importance of evidence and must locate land boundaries in accordance with the best available evidence.” (page 373)


Quote from Evidence and Procedures for Boundary Location, Third Edition, by Curtis M. Brown, Walter G. Robillard and Donald A. Wilson, 1994.

“In attempting to survey and locate a described parcel of land, the only permanent and correct location of its boundaries is where a court of competent jurisdiction would locate them.  To know where a court would locate property boundaries, the surveyor must have expert knowledge of the laws of boundaries.  Yet regardless of where the surveyor would locate the boundaries of the parcel, the final decision is nothing more than an opinion of the evidence and this is always subject to review by the courts. [emphasis in the original] (page 2)


----------------------------
compiled by Steven E. Weible

May 25, 1973 Missouri State Land Survey Authority Meeting Minutes

MINUTES OF MEETING

State Land Survey Authority

May 24-25, 1973

     A meeting of the State Land Survey Authority was held May 24th and 25th at the State Land Survey Authority Building, Rolla, Missouri. Following a 6:00 p.m. dinner, May 24th, James Anderson, Richard Barr, Willard Eckhardt, Larry Fellows, Daniel Kennedy and Robert Myers met at the SLSA building to discuss proposed projects, equipment purchases, and personnel for Fiscal Year 1973-74. The meeting adjourned at    p.m. Discussion of the above items resumed at 8:00 a.m., May 25th at the SLSA building. Dr. Fellows was absent on that date.

     At 10:15 a.m. the regular meeting of the SLSA was called to order by Chairman Daniel Kennedy. Present besides Mr. Kennedy were James Anderson, Richard Barr, Willard Eckhardt, Wallace Howe and Robert Myers.

     The minutes of the April 16, 1973 meeting were reviewed and approved as written.

     A revised draft of Section 16.120, part (a), of the State Land Survey Authority Personnel Policies and Procedures relating to the use of state vehicles, submitted by Mr. Eckhardt was discussed. Mr. Eckhardt made a motion that the last five words, ...."particularly in Rolla and vicinity," be deleted from the draft and Section 16.120, part (a) be adopted as revised. Motion approved.

     Mr. Myers reported the following revision of sick and annual leave policies by the State of Missouri had been received:

          1) Employees shall be allowed to accumulate sick leave
             without limit (Rev. Eff. 3/9/73).

          2) Each regular or probationary employee shall be entitled
             to annual leave with full pay computed at the rate of
             1 1/4 working days for each calendar month of service.
             Employees who have completed 10 years of service shall
             earn leave at the rate of 1 1/2 days per month; and
             employees who have completed 15 years of service shall
             earn leave at the rate of 1 3/4 days per month.
             (Rev. Eff. 1/1/73).

     May trial-balance sheet was received and noted.

     Mr. Myers stated that a letter requesting release of the 3% reserve in Personal Services had been submitted to the Budget Director. The 3% reserve is necessary to meet June payroll obligations.

     A prior request for release of the 3% reserve in Equipment Purchase and Repair has received approval from the Director of Budget. This amount ($600) will be applied to purchase of a White Printer.

     Mr. Myers reported the following operations contracts have been submitted to the Division of Procurement for approval:

          1) Riddle Engineering Co. - $4220; additional work on the
             Pattonsburg project for field evaluation of computed
             corner locations.

          2) Garald Randall - $2,000;
             Liberty, Missouri reconnaissance project.

     The following items have been let for bid:

          1) Printing of four SLSA publications

          2) Concrete survey monuments

     Mr. Myers reported on the following items of interest:

          1) The request from the Park Service for a cooperative
             project had not materialized, but the SLSA will work
             with the Park Service on standards, forms and any
             way possible.

          2) Four University of Missouri--Rolla students are working
             part time at microfilm indexing or with the surveyor,
             as needed. Two of the students are working through the
             UMR Student Financial Aid Program and two are on
             contract.

          3) Status of current legislative bills:

               a) H.B. #4 - In Conference Committee

               b) H.B. #9 - On House Floor

               c) H.B. #138 - In 3rd reading

               d) H.B.-S.B. #77 - In Conference Committee

          4) Status of present SLSA projects:

               a) Iron County. Work has progressed well; distance
                  measuring has been completed and Mr. Brown is now
                  turning angles.

               b) Microfilming of Greene County survey records is
                  near completion, and plans are to microfilm the
                  records of the Office of Land Clearance after
                  completion of Greene Co.

     Meeting adjourned for lunch at 11:30.

     At 1:00 p.m., Mr. John Cooper, Director, Division of Design and Construction met with Mr. Myers and members of the State Land Survey Authority to discuss SLSA capital improvement plans and coordinate these improvements with the long range housing plan for the Authority.

     The next meeting of the Authority will be June 21st at the State Land Survey Authority Building.

     Meeting adjourned at 2:45 p.m.


-------------------------------
transcribed by Steven E. Weible

April 16, 1973 Missouri State Land Survey Authority Meeting Minutes

MINUTES OF MEETING

STATE LAND SURVEY AUTHORITY

April 16, 1973

     The meeting of the State Land Survey Authority was called to order at 9:00 a.m., April 16th, 1973 by Chairman Daniel Kennedy, at the Land Survey Authority Building, Rolla, Missouri. Present besides Mr. Kennedy were Messrs. Richard Barr, Willard Eckhardt, Larry Fellows and Robert Myers. Mr. James Anderson joined the group at 11:30 a.m.

     Minutes of the March 8, 1973 meeting were reviewed. Minor changes were suggested. Minutes approved as corrected.

     Minutes of the March 24, 1973 Executive Meeting were reviewed and approved.

     Discussion of Authority member per diem and out-of-state travel was deferred until later in the meeting when all members could be present.

     Revision of specific sections of the SLSA Rules and Regulations were approved as per the attached sheets.

     Revision of Section 16.120, subparagraph (a) will be drafted by Mr. Eckhardt and presented for approval at the May meeting.

     Out-of-state travel for SLSA personnel was approved according to revised Rules and Regulations, section 12.050 (copy attached).

     A paper entitled, "The United States Public Land Survey Within Missouri -And Its Preserver- The State Land Survey Authority", written by Dr. C. V. Mann, Rolla was reviewed by Authority members. It was agreed that Mr. Myers write a letter of appreciation to Dr. Mann on behalf of the SLSA.

     Adjourned for lunch.

     Mr. Anderson was present at the meeting at this time. Authority member per diem and out-of-state travel was discussed. It was agreed that increased funds should be allowed in the 1974-75 budget for per diem payments. No additional regulations were made on Authority member out-of-state travel.

     Mr. Myers stated that three bids had been received for removal of four trees on the SLSA grounds. Mr. Anderson made a motion that the trees be removed before planting new trees. Seconded by Mr. Barr. Motion carried.

     As requested by Authority members at the March 8th meeting, Mr. Myers and Mr. Jacobs presented more detailed plans for expansion in the present SLSA facility. Mr. Jacobs presented diagrams and cost estimates for this expansion and also for a new building on a proposed site now the property of the University of Missouri--Rolla.

     Authority members agreed that the SLSA should take necessary steps in an attempt to obtain resources to maintain the present facility and make needed improvement for expansion and for construction of a separate vault at the present site. Mr. Myers will write a letter to Mr. Robert James, Assistant to the Governor, inviting him to attend the SLSA meeting on May 24th or 25th in order to acquaint Mr. James with the long-range program of the SLSA.

     The March trial balance sheet was received and noted.

     HCSHB #419 and SCSB #77 were reviewed.

     Mr. Myers reported a total of $2425 had been received from the Supplemental request. Of this amount $1425 was appropriated to Personal Services and $1000 to Operations.

     Mr. Myers reported the House Committee's recommendation for 1973-74 budget as follows:

                 Personal Services           $129,245
                 Equipment Purchase & Repair   70,000
                 Operations                   100,000
                            Total........... $299,245

     The following changes were approved in the text of the "Minimum Standards for Property Boundary Surveys" before publishing:

     Section 10.050, subparagraph (3), line 1, change 0.125 inches to 0.080 inches.

     Section 10.050, subparagraph (12), delete in its entirety.

     Section 10.060, line 2, delete word "minimum".

     Section 10.080, Table, Resources Development Area, Part C, change 1:10,000 to 1:5,000.

     Mr. Myers reported he had been contacted concerning participation of SLSA personnel in a tentative training program for surveying registration applicants. This program is to be sponsored by St. Louis Section MARLS and UMR Extension Division. Authority members approved participation of SLSA personnel in this program on their own time and to receive compensation for this participation.

     The following projects were suggested for expenditure of funds during the fourth quarter:

     1. Smithville project.

     2. Control work in Kansas City, Liberty or Independence areas.

     3. Springfield coordinate work.

     4. Contractural work to run a series of traverse lines in the State for use in obtaining coordinate values.

     5. Completion of Pattonsburg project.

     6. Verification of old surveys from Dept. of Interior-Geological Survey traverse books.

     7.Increase in printing allowance.

Projects approved for expenditure of funds are as follows:

     1. Completion of Pattonsburg project - estimate $3,000+.

     2. Printing of Publications - estimate $2,500.

     3. Liberty Coordinate System - estimate $4,000 or balance of funds available.

     Mr. Myers reported that photography on the Iron Co. project has been completed. Mr. Brown will be working in the area with the geodimeter in the next few days.

     May meeting is tentatively planned for May 24 and 25.

     Meeting adjourned at 4:15 p.m.

[transcriber's note: items noted as being attached are not transcribed herein]


-------------------------------
transcribed by Steven E. Weible

March 24, 1973 Missouri State Land Survey Authority Meeting Minutes

STATE LAND SURVEY AUTHORITY

Minutes of Executive Session

     An Executive Session of the State Land Survey Authority was held March 24, 1973, at 7:30 a.m., at the Manor Inn, Rolla. All Authority members were present.

     The meeting was called by Mr. Daniel Kennedy in order to discuss per diem and out-of-state travel expenditures by Authority members. The folowing conclusions were made:

     1.  On March 26 (date of Senate Appropriation Committee hearing) and at the next meeting, discuss with Mr. Myers the possibility of transferring funds from other parts of the budget to allow Authority members to receive per diem and out-of-state travel expenses for the remainder of the fiscal year.

     2.  To review and reevaluate per diem and out-of-state travel expenditures so far this fiscal year and make adjustments in the allotment for the FY 1973-74 budget if necessary.

     3.  To submit to the State Land Surveyor a reasonable estimate of per diem and out-of-state travel expenditures required for Authority members to be included as part of the FY 1974-75 budget.

     Mr. James Anderson reported that Mr. Harold Haas, Director of Planning for the City of Springfield, asked him what the SLSA could contribute to Springfield for the coming fiscal year. Mr. Anderson told him that the SLSA budget has already been made and that it does not include funding for Springfield, but that the SLSA could contribute up to six man-months in Springfield. Authority members agreed that this was a reasonable statement.

     Dr. Larry Fellows asked about the policy pertaining to use of State cars by SLSA employees, as it had been called to his attention that certain employees have been seen driving them in Rolla after hours and on weekends. It was agreed to review this policy at the next Authority meeting, and that Mr. Myers should be contacted about the matter before then.

     The Authority members decided to change the date of the next meeting from April 26 to April 16 in order that all members can be present.

                    Respectively submitted,

                    Larry D. Fellows


-------------------------------
transcribed by Steven E. Weible

New Madrid Claims in Missouri

This article has been modified. See Chapter 11 of "It Was Not Quick and It Was Not Simple: The Saga of Private Land Claims in Missouri". (Go to book now.)

Robert McCay, being duly sworn, says ... that AD seventeen hundred eighty six, he this deponent was on his way to New Orleans from Post St. Vincennes, and in the month of December of that year he stopped at the place where the village of New Madrid now stands, at which time, there was not any persons living there, it being a perfect wilderness. This deponent further says, that in the spring of the following year, being AD one thousand seven hundred and eighty seven, when He returned there was about twelve persons living on the spot where the village now stands, being employed in trading with the Indians ... this deponent further says that in seventeen hundred and eighty nine, he was again at New Orleans, when the then Governor sent for Him and made enquiries as to the situation of the place etc, and in the year of AD seventeen hundred and ninety, Pierre Fouché arrived at this place and took command of the same, and named the village New Madrid ... This deponent further says ... that AD seventeen hundred and ninety four or five, the village of Little Prairie was settled by Francis Lessieur ... This deponent furthers says that on the morning of the seventeenth of December AD one thousand eight hundred and eleven the first Earthquake was felt, which was the one that destroyed the Little Prairie, but the one that did the material injury to the Village of New Madrid was not until the seventh of February following. This Deponent says that Earthquakes have continued from that time to this time, during the fall & winter. (Excerpt from deposition of Robert McCay, August 15, 1825, Hunt’s Minute Book #2, pages 154-155, Missouri State Land Survey microfiche location: 720/3198A1.)

The New Madrid earthquakes that began in mid-December 1811 and continued into 1812 are considered by the United States Geological Survey to be “some of the largest in the United States since its settlement by Europeans.” Reports indicate widespread occurrences of ground fissures, subsidence, liquefaction, landslides and damages caused by ground motion. The physical damage was obvious and directly affected the livelihoods of the inhabitants of the region. More devastating, though, was the psychological effect of the lesser quakes and aftershocks that continued to occur, causing many established inhabitants to want to leave the area.

At the time the series of earthquakes began, the First Board of Commissioners was nearing the end of its task of examining the claims to land granted by the Spanish and French and deciding the validity of those claims. Since the New Madrid area was an established area of settlement prior to the purchase of the Louisiana territory by the United States, there were many land claims in this area that had been approved by the Commissioners.

Owners of confirmed claims petitioned the Federal government for relief, but the more pressing matter of the War of 1812 prevented a timely response. Finally, three years later, the Federal government responded to this natural disaster by passing the Act of February 17, 1815, chapter 45, An Act for the relief of the inhabitants of the late county of New Madrid, in the Missouri territory, who suffered by earthquakes (U. S. Statutes at Large, Volume 3, page 211). The Act applied to those owning confirmed claims of land in the county of New Madrid, Missouri territory, to the extent that the county existed on November 10, 1812, whose land had been materially injured by the preceding earthquakes. They were authorized to locate the same quantity of land on any of the public lands of the territory that were authorized for sale. No one was permitted to locate a quantity of land greater than was confirmed to him unless he owned less than 160 acres. Such persons owning less than 160 acres were authorized to locate and obtain any quantity of land not exceeding 160 acres. The maximum quantity of land that could be located under this Act was limited to 640 acres. Lands containing lead mines or salt springs were not authorized for selection. In exchange, the title to the lands previously held was relinquished to the United States.

In order to make a claim for new location under this Act, the landowner was required to appear before the recorder of land titles for the territory of Missouri and produce competent witnesses to affirm that the land owned had been materially damaged by earthquakes. Having received sufficient proof, the recorder of land titles would then issue a location certificate, stating the quantity of land authorized to be located. The claimant would select a tract of land and then make application to the principal deputy surveyor for the territory, later the Surveyor of the Public Lands, specifying the land located and requesting that it be surveyed. The results of the survey were forwarded to the recorder of land titles for recording and issuance of a patent certificate. The patent certificate was then submitted to the Commissioner of the General Land Office. If approved by the Commissioner, a patent was issued for the new location.

To prevent the process from dragging out indefinitely Congress passed the Act of April 9, 1818, chapter 42, An Act limiting the time for claims being produced for lands authorized to be granted to the inhabitants of New Madrid (U. S. Statutes at Large, Volume 3, page 417). This Act compelled those making a claim under the previous Act of February 17, 1815 to file their application and produce their evidence to the recorder of land titles on or before January 1, 1819. The recorder of land titles was not to issue a location certificate for any claim that did not meet the deadline.

As claimants began to file claims under the 1815 Act, location certificates were issued, surveys were requested and issues began to arise. The 1815 Act was intended to provide relief to those who owned the land at the time of the earthquakes. Many of these original owners, however, had already sold out and moved away. In their place were opportunists ready and more than willing to take advantage of the situation. The opportunity to locate prime real estate before it was available for sale was very attractive to the settler and potentially very lucrative for the speculator. Thus, location certificates were readily sold and transferred from person to person for valuable consideration.

At the time the 1815 Act was passed, the surveys of the public lands in the Missouri territory had not yet begun. The Fifth Principal Meridian would not be established until later that year, beginning in October. Nevertheless, the Act appeared to allow the holders of location certificates a right to locate at their option without being limited by sectional lines, since waiting for the lands to be surveyed would not provide the relief desired. Tracts located in this manner did not conform to the sectional lines, resulting in fractional adjoining sections. The U. S. Attorney General took issue with this and opined that such locations were illegal and any sales of the fractional sections that had already occurred should be declared void.

New Madrid Claims that do not conform to the sectional and quarter sectional lines,
located in Township 48 North, Range 14 West in Boone County, Missouri.
(image courtesy of the Missouri State Land Survey)

In response to this issue, Congress passed the Act of April 26, 1822, chapter 40, An Act to perfect certain locations and sales of public lands in Missouri (U. S. Statutes at Large, Volume 3, page 668). This Act allowed those claims that had already been located that did not conform to the sectional and quarter sectional lines of the public land surveys to be perfected into grants. It also approved the sales of the fractional sections created by these nonconforming New Madrid locations. This Act further stipulated that any claims located after the passage of the Act were required to conform to the sectional and quarter sectional lines as nearly as possible to make the quantity of land permitted to be located. The time allowed to locate a claim was limited to one year after the passage of the Act.

New Madrid Claims in Township 44 North, Range 10 West in Cole County, Missouri.
(image courtesy of the Missouri State Land Survey)

New Madrid Claims conforming to the sectional and quarter sectional lines,
located in Township 52 North, Range 16 West in Howard County, Missouri.
(image courtesy of the Missouri State Land Survey)

New Madrid Claims in Township 44 North, Range 10 West in Callaway County, Missouri.  New Madrid Claims are distinguished from other private claims by the wording "Certificate No.", followed by the number of the location certificate issued by the recorder of land titles.
(image courtesy of the Missouri State Land Survey)

New Madrid Claims in Township 57 North, Range 04 West in Marion County, Missouri.
(image courtesy of the Missouri State Land Survey)

Another issue that arose concerned the manner in which location certificates were issued by the recorder of land titles. The original Act provided that those owning less than 160 acres could claim a quantity of land equal to or less than 160 acres. The recorder of land titles apparently interpreted this as meaning one location certificate for 160 acres for each confirmed original claim so long as the total quantity permitted to be located did not exceed 640 acres, the maximum authorized by the 1815 Act. Thus, owners of small town lots of 1 or 2 arpents (i.e., 0.85 or 1.7 acres, respectively) were issued a location certificate for 160 acres for each lot owned up to four location certificates. When patent certificates were issued and presented to the Commissioner of the General Land Office, the Commissioner acted on the advice of the U. S. Attorney General and refused to issue patents for locations made under a single original claimant that were based on location certificates issued for more than one town lot.

This issue was addressed by the passage of the Act of March 2, 1827, chapter 34, An Act supplementary to “An act to perfect certain locations and sales of the public lands in Missouri,” passed April the twenty-sixth, one thousand eight hundred and twenty-two (U. S. Statutes at Large, Volume 4, page 219). Those locations that were based on location certificates issued for lots and out lots in and adjoining the villages of New Madrid and Little Prairie were allowed to be perfected into grants, so long as the total did not exceed 640 acres.

Yet another issue that arose involved the right of pre-emption that had been previously granted by the Act of April 12, 1814, chapter 52, An Act for the final adjustment of land titles in the State of Louisiana and territory of Missouri (U. S. Statutes at Large, Volume 3, page 121). The fifth section of that Act permitted a person who had actually inhabited and cultivated and continued to inhabit and cultivate a tract of land in the territory of Missouri, not rightfully claimed by anyone else, to purchase the land under a right of pre-emption. Further, the Act of April 29, 1816, chapter 162, An Act concerning pre-emption rights given in the purchase of lands to certain settlers in the state of Louisiana, and in the territory of Missouri and Illinois (U. S. Statutes at Large, Volume 3, page 330), extended the right of pre-emption to adjoining fractional sections. The problem developed when a New Madrid claim was located adjoining a tract subject to pre-emption rights. The New Madrid location might then be taken by the pre-emption rights that extended to adjoining fractional sections, leaving the New Madrid claimant without relief.

To provide the necessary relief in such a case, Congress passed the Act of March 2, 1831, chapter 92, An Act for the relief of certain holders of certificates issued in lieu of lands injured by earthquakes in Missouri (U. S. Statutes at Large, Volume 4, page 482). New Madrid claimants that had located on lands subject to the right of pre-emption were authorized to make a new location on those lands available for entry at private sale, provided that they relinquish all claim to the previous location. The Act set a time limit of eighteen months from the time of its passage to make the new location.

A total of 516 location certificates were issued by the recorder of land titles. One certificate was determined to have been issued erroneously and was nullified. Twenty-two (22) certificates failed to result in a patent of new location. These were either withdrawn and not relocated, were located, but rejected due to interference with an existing claim, or, simply, were not located at all. That left 493 certificates that resulted in a patent of new location. Twenty-two (22) of these locations were made in Arkansas, leaving 471 locations in Missouri. These are distributed by county as follows:

   Howard County              120

   Saint Louis County or City  61

   Cooper County               60

   Boone County                41

   Callaway County             31

   Saline County               27

   Chariton County             21

   Marion County               16

   Cole County                 11

   New Madrid County           10

   Pike County                 10

   Saint Charles County        10

   Clay County                  7

   Lafayette County             7

   Montgomery County            5

   Cape Girardeau County        4

   Scott County                 4

   Franklin County              3

   Lincoln County               3

   Ray County                   3

   Warren County                3

   Jackson County               2

   Mississippi County           2

   Moniteau County              2

   Osage County                 2

   Ralls County                 2

   Carroll County               1

   Lewis County                 1

   Macon County                 1

   Perry County                 1

It can easily be seen that the majority of these claims were located in counties adjoining the Missouri River, some as far west as present day Kansas City. By far the most popular destination was Howard County. In many of these counties, New Madrid claims are the only U. S. Surveys that occur there. Those claims that conform to the sectional and quarter sectional lines are often easy to overlook on the General Land Office Township plat and are sometimes ignored altogether, preference being given to the designation by aliquot part of the section. New Madrid claims are easy to distinguish from other private claims on the GLO plat, however, because they include the wording, “Certificate No.”, followed by the number of the location certificate issued by the recorder of land titles. No other variety of private claims includes this wording. (As a side note, those U. S. Surveys having the wording, “Decision No.” are the private claims approved by the Second Board of Commissioners and confirmed by the Act of July 4, 1836, chapter 361, U. S. Statutes at Large, Volume 5, page 126.) It should be noted that the New Madrid claims are numbered in the General Series of U. S. Surveys. (See the article, “GLO Surveys of Town and Village Lots” for more discussion on series of U. S. Surveys.)

New Madrid Claim (Survey # 2851) in Township 31 North, Range 15 East in
Cape Girardeau County, Missouri, conflicting with private claims confirmed
by the Act of July 4, 1836, chapter 361.
(image courtesy of the Missouri State Land Survey)

New Madrid Claims in Township 51 North, Range 32 West in Clay County, Missouri,
being the most westerly located New Madrid Claims.
(image courtesy of the Missouri State Land Survey)

New Madrid Claim in Township 61 North, Range 05 West in Lewis County, Missouri,
being the most northerly located New Madrid Claim.
(image courtesy of the Missouri State Land Survey)

New Madrid Claim (Survey # 2938) in Township 22 North, Range 14 East in
New Madrid County, Missouri, just north of the Town of New Madrid.
(image courtesy of the Missouri State Land Survey)

This 1815 Act for the relief of those that suffered from the New Madrid earthquakes was a grand attempt by a benevolent and caring Federal Government to, in the words of then U. S. Attorney General William Wirt, “help the poor who had been rendered indigent by a visitation of God.” In the end, though, it provided yet another irresistible opportunity for enterprising and resourceful Americans to translate a government benevolence into personal gain.

COMPLETE LIST OF SOURCE REFERENCES

- excerpt from deposition of Robert McCay, August 15, 1825, Hunt’s Minute Book #2, pages 154-155, Missouri State Land Survey microfiche location 720/3198A1.

- United States Geological Survey, Earthquake Hazards Program, Historic Earthquakes, New Madrid 1811-1812 Earthquakes, http://earthquake.usgs.gov/earthquakes/states/events/1811-1812.php

- Act of February 17, 1815, chapter 45, An Act for the relief of the inhabitants of the late county of New Madrid, in the Missouri territory, who suffered by earthquakes (U. S. Statutes at Large, Volume 3, page 211)

- Act of April 9, 1818, chapter 42, An Act limiting the time for claims being produced for lands authorized to be granted to the inhabitants of New Madrid (U. S. Statutes at Large, Volume 3, page 417).

- Act of April 26, 1822, chapter 40, An Act to perfect certain locations and sales of public lands in Missouri (U. S. Statutes at Large, Volume 3, page 668).

- Act of March 2, 1827, chapter 34, An Act supplementary to “An act to perfect certain locations and sales of the public lands in Missouri,” passed April the twenty-sixth, one thousand eight hundred and twenty-two (U. S. Statutes at Large, Volume 4, page 219).

- Act of March 2, 1831, chapter 92, An Act for the relief of certain holders of certificates issued in lieu of lands injured by earthquakes in Missouri (U. S. Statutes at Large, Volume 4, page 482).

- American State Papers, Public Lands, Volume 3, page 437, No. 334, New Madrid Claimants

- American State Papers, Public Lands, Volume 4, page 39, No. 429, New Locations in Lieu of Lots in New Madrid and Little Prairie Villages, in Missouri, Injured by Earthquakes

- American State Papers, Public Lands, Volume 4, page 155, No. 453, Grants of Land to People of New Madrid County, Missouri, Who Suffered by Earthquakes

- American State Papers, Public Lands, Volume 4, page 749, No. 504, New Madrid Claim in Missouri

- American State Papers, Public Lands, Volume 4, page 872, No. 551, New Madrid Claim

- American State Papers, Public Lands, Volume 4, page 881, No. 560, Application of Missouri for Further Relief to the Sufferers by Earthquakes in New Madrid County, in that State

- American State Papers, Public Lands, Volume 6, page 184, No. 853, Claim to Land in Missouri

- American State Papers, Public Lands, Volume 6, page 409, No. 1034, On Claim to Land in Missouri

- Letter, dated January 19, 1821, from William Rector, Surveyor of the Public Lands of Missouri, Illinois & the territory of Arkansas, to Josiah Meigs, Commissioner of the General Land Office (Missouri State Land Survey microfiche location 720/3264B).

----------------------------------------

Original composition by Steven E. Weible

March 8, 1973 Missouri State Land Survey Authority Meeting Minutes

MINUTES OF MEETING

STATE LAND SURVEY AUTHORITY

March 8, 1973

     The meeting of the State Land Survey Authority was called to order at 9:00 a.m., March 8, 1973 by Acting Chairman Willard Eckhardt, at the Land Survey Authority Building, Rolla, Missouri. Also present were James Anderson, Richard Barr, Larry Fellows and Robert Myers.

     The minutes of the February 8 meeting were reviewed and minor changes suggested. Minutes approved.

     The trial balance sheet for February was received and noted.

     Fourth quarter budget request proposals were approved as follows:

          Personal Services              $16,724.28
          Equipment Purchase & Repair        812.00
          Operations                      17,678.00

     The following items were approved for expenditure:

          Printing and binding               750.00
          Purchase of trees - UMR            800.00
          St. Louis Coordinate System        500.00
          UMR Microfilm                      320.00

     Mr. Myers called attention to the fact that the remaining funds allotted for per diem for Authority members was limited in the fourth quarter. A review was made of planned Authority meetings and the attendance of other meetings by SLSA staff members and board members during the remainder of FY 72-73. Authority members agreed that the planned 2-day meeting in May should still be scheduled, but only one day per diem be paid each member for attendance. Authority members requested that Mr. Myers draft some guidelines pertaining to attendance and expenses of staff and board members incurred as a result of meeting with out of state survey organizations. The guidelines will be presented to the Authority for action at the next meeting.

     Mr. Myers reported as follows on current legislation:

     a) Supplemental Appropriation (H.B. 16) - In Senate committee.

     b) 1973-74 Budget Request (H.B. 4) - Still in House committee.

     c) Reorganization Bill (H.B. 419 & S.B. 77) - Messrs. Barr, Eckhardt and Myers appeared at a hearing on H.B. 419, February 20th at Jefferson City. A brief paper prepared by Mr. Eckhardt was presented to the committee recommending changes as agreed by the Authority. S.B. 77 has been modified and is still in committee.

     d) State Coordinate Bill (H.B. 138) - Has been perfected by the House.

     Mr. Myers reported he had talked with Mr. Robert James, Mr. Wm. Moon and Mr. Mark Edelman at Jefferson City regarding the SLSA Capital Improvement request and the elimination of funding for the vault from the request. Mr. Myers asked Mr. James to meet with the Authority in the near future for the purpose of acquainting Mr. James with the present SLSA facility and to assist in planning for the vault and facility expansion as needed. Mr. Myers recommended that a concrete plan, either for a new site or expansion at the present site, should be prepared by the SLSA prior to the meeting with Mr. James. Mr. Arthur Jacobs, Chief, Administrative Services, presented a preliminary study he had prepared and cost projections for expansion in the present SLSA building and also for a new structure on a site that would possibly be available from the University of Missouri-Rolla. Advantages and disadvantages of the two plans were examined in detail. A definite decision was delayed until the next Authority meeting. However the consensus of the Authority members was that Mr. Myers should work up a more detailed plan on utilization of the present SLSA building for presentation at the next meeting.

     Comments concerning the preliminary draft of the State Coordinate Manual were offered. Mr. Anderson presented additional information that he recommended be added to the Manual. Authority members approved this addition. It was agreed that the Manual was ready for final draft.

     Copies of an Executive Order dated December 4, 1970, stating that the State Land Survey Authority was assigned to the Division of Geological Survey and Water Resources, Department of Business and Administration, were reviewed. Mr. Myers reported that as far as he knew, the SLSA had no knowledge of the existence of this Executive Order until recently. Mr. Myers stated he had talked to Mr. Hugh Sprague concerning the Executive Order, and steps are being taken to rescind this order.

     Mr. Myers reported that he had written to Mr. John D. Ashcroft requesting an audit of SLSA records. It was Mr. Myers' opinion that an early audit of the SLSA would be helpful with the accounting and inventory records.

     A letter of complaint concerning survey quality by an individual surveyor was reviewed. Mr. Myers requested a recommendation from the Authority for handling this type of correspondence. It was the recommendation of the Authority that all substantial complaints be forwarded by the State Land Surveyor to the State Registration Board with an information copy of this action sent to the person issuing the complaint.

     Mr. Myers stated that copies of certain survey records had been offered to the SLSA Repository with the request that the records be kept confidential. It was the opinion of the Authority that it would not be to the advantage of the SLSA to store confidential survey records. Dr. Fellows suggested that an index of confidential records available to the SLSA for their use might be helpful.

     Mr. Myers reported that Mr. James DeYoung, acting attorney for the State of Missouri, had contacted him concerning the Missouri-Nebraska boundary dispute. Mr. DeYoung stated he had recommended to the Attorney General of Missouri that $100,000 be requested from General Revenue to be used for work concerning the Missouri-Nebraska compact. He suggested that the SLSA work up a rough estimate of cost for the project. To date, Mr. Myers has received no request for assistance from the Attorney General concerning the boundary dispute.

     Mr. Myers requested authority to employ additional students or student dependents on a part-time basis to assist with the indexing of records. Authority members approved the request.

     Mr. Myers recommended that the date of the Authority meeting be changed from the second Thursday to the fourth Thursday of each month. This would assist in arriving at a more accurate expenditure report for each meeting. Recommendation approved. The next meeting is tentatively planned for April 26, with the proposed 2-day meeting to be held on May 24-25.

     Mr. Myers reported on the progress of the following projects:

          a) Iron County - good progress on search and evaluation work

          b) Microfilming - 16 counties filmed to date
                             5 counties, indexing completed

          c) St. Louis Coordinate - no report

     Meeting adjourned at 3:05 p.m.


-------------------------------
Transcribed by Steven E. Weible

February 8, 1973 Missouri State Land Survey Authority Meeting Minutes

MISSOURI STATE LAND SURVEY AUTHORITY

Minutes of Meeting

February 8, 1973

     The meeting of the State Land Survey Authority was called to order by Daniel Kennedy, Chairman, at 9:00 a.m., February 8th, at the Land Survey Authority Building, Rolla. Others present were James Anderson, Richard Barr, Larry Fellows and Robert Myers.

     The minutes of the January 11 meeting were reviewed and minor changes suggested. Minutes approved.

     The trial balance sheet for the month of January was approved.

     The tentative agenda for the spring workshop sponsored by the Missouri Association of Registered Land Surveyors to be held at the Land Survey Authority Building in Rolla was reviewed and approved.

     Mr. Myers stated that on January 22nd, Mr. Kennedy, Mr. Eckhardt and himself had met with the House Appropriation Committee and submitted an amended supplemental request. The Governor's recommendation was for no additional funds; the Authority requested $20,425 to be appropriated for the supplemental request. On January 29th, Representatives Morgan and Wallis visited the Land Survey Authority office to further discuss the supplemental request. No word has been received on their recommendation as a result of these meetings. On February 6th, Messrs. Kennedy, Eckhardt and Myers appeared before the Appropriation Committee concerning the regular budget for 1973-1974. Mr. Myers reported no opposition was voiced concerning the SLSA appropriation request.

     The Executive Request dated January 29, 1973, requesting that all contacts with the Legislature dealing with proposed legislation be cleared through the Governor's office and in specific through Mr. Valier, was reviewed. Mr. Myers stated he had been unable to contact Mr. Valier but Mr. Valier's secretary told him that all they wanted was a brief summary of the legislation to be presented. The requested information was submitted for House Bill #138.

     House Bill #419 concerning reorganization of the Department of Business and Administration was reviewed. It was the consensus of the Authority that any opposition to the bill should be voiced to Representative Holt's committee by the Authority members. Representative Holt was contacted by phone and he stated that each agency concerned would be given an opportunity to appear before his committee and would be notified of time and date as soon as they were known. It was agreed that Mr. Eckhardt and Mr. Myers should prepare a statement, to be presented by Mr. Eckhardt, to the committee. This statement would be forwarded to the other Authority members prior to the meeting with the committee. It was also agreed that Authority members would attempt to contact their representatives concerning the SLSA's position on H.B. #419.

     Mr. Myers stated that he appeared before the Legislative Committee on February 7th to testify for House Bill #138 concerning state coordinates. There appears to be no opposition to the bill.

     Mr. Myers informed the Authority that three contracts submitted to the Office of Administration had been approved and returned on February 7th after a long delay. These contracts are with Ronald Murphy, Herman Kaller and Barry Bookout.

     Mr. Myers stated that a contract for the photogrammetric part of the Iron County project would be initiated as soon as practical. It was the consensus of the Authority that the photogrammetry work should be contracted for as soon as possible and the delivery date left open.

     As Authority members had not completed reading the State Coordinate Manual draft, it was agreed that after reading the Manual, members would submit their comments to Mr. Myers. Hopefully comments will be submitted at an early date in order that a final draft can be prepared before the March Authority meeting.

     Mr. Myers stated that he had been asked to serve as chairman of ACSM Standards Committee. Authority members agreed that it would be beneficial for Mr. Myers to serve in this capacity.

     Mr. Myers requested approval to attend the ACSM meeting in Washington, D.C., March 15, 16 and 17, and the AARLS meeting at Hot Springs, Arkansas on April 12, 13 and 14. Attendance was approved.

     A letter from Mr. Joe Wollard, UMR Business Officer, was reviewed by Authority members. The letter in part states, "The campus would recommend to the Board of Curators of the University of Missouri that favorable consideration be given to negotiation between the two parties as to transferring the present site of your activities to the University and the University making available to the Authority a site for the new construction. The accomplishment of this transfer would appear to be in the best interest of both parties." No reply will be made at this time.

     Mr. Myers suggested that a letter be written to the Commission of Administration requesting that the SLSA be included in the State of Missouri's 5-year Capital Improvement plan. Authority members agreed that it would be advantageous to contact the Commission of Administration, but felt that SLSA personnel should continue working on plans for future facilities also.

     Mr. Myers stated that a contract had been initiated with Barry Bookout, UMR student. Mr. Bookout has been working for the SLSA part-time through UMR's financial aid program for students. Mr. Bookout has completed the maximum hours allowed him through this program. Contract maximum is for $340.

     In reference to January 11th meeting, Mr. Myers stated that no letter had been written to the Governor concerning the Capital Improvement request. Mr. Myers stated he had talked to Mr. Joe Cassidy and Mr. Mark Edelman concerning a supplemental request. It was his opinion that any added attempt for obtaining additional funds was useless, and in fact could be detrimental at this time.

     Mr. Myers reported he had talked to Mr. Peter Ruger, Assistant Attorney General, concerning the Missouri-Nebraska boundary. Mr. Ruger requested that the SLSA prepare some preliminary plans and cost estimates for this project.

     Dr. Fellows stated that it was his understanding that under proposed legislation, most state employees would be on the Merit System by 1975, and recommended that job descriptions be prepared for all present and proposed SLSA positions. Mr. Myers said these descriptions had already been completed, but that he would check to see if all future proposed positions were sure included.

     Mr. Barr stated that a task force committee had been appointed to make a study of East-West Gateway activities in order to determine future projects and funding.

     Meeting adjourned at 2:30 p.m.


-------------------------------
Transcribed by Steven E. Weible