Printable Format19-1422. Rules to be observed in resurvey under authority of the United States. In the resurvey of land surveyed under the authority of the United States, the land surveyor shall observe the following rules:
First, Section and quarter-section corners, and all other corners established by the government survey, must stand as the true corners.
Second, They must be re-established at the identical spot where the original corner was located by the government surveyor, when this can be determined.
Third, When this cannot be done, then said corners must be re-established in accordance with the provisions of K.S.A. 19-1412, and amendments thereto.
History: L. 1891, ch. 89, § 6; R.S. 1923, 19-1422; L. 1961, ch. 136, § 4; L. 2011, ch. 49, § 10; July 1.
CASE ANNOTATIONS
1. Conclusive effect of survey not appealed from may be waived. In re Martin's Appeal, 86 Kan. 336, 120 P. 545.
2. It is duty of surveyor to relocate lines according to statutory rules. Roadenbaugh v. Egy, 88 Kan. 341, 344, 128 P. 381.
3. Parol evidence as to established corners not admissible. Gemienhardt v. Ward, 101 Kan. 250, 252, 167 P. 1141.
4. Government corner controls and is conclusive. In re Appeal from Survey, 106 Kan. 222, 224, 187 P. 677.
5. Excess apportioned where no markers found. Stanley v. Sheridan County Surveyor, 126 Kan. 95, 266 P. 929. Modified: 126 Kan. 684, 271 P. 318.
6. Official survey must start from point established by government survey or some later survey. Childers v. Hoffer, 177 Kan. 174, 175, 277 P.2d 625.