Next question has the private properties in question been surveyed
Recently?
Ever?
Surveyed and marked?
Yes this
If you're trying ta suggest that there's somehow a gap between the properties that's extremely unlikely, as the boundaries have remained undisputed for dozens of years, if not more than a century.
According to the info Strop provided it was surveyed (at least the corner in question) as recently as 1967. By the General Land Office no less.
"The Section Corner the gentlemen stepped over was originally set by General Land Office (GLO) Deputy Surveyor (DS) Lewis Lampton in 1878. The corner was then part of a Dependent Resurvey by GLO DS Wayne Gardner in 1967. It was at this time that DS Gardner found the original monument set by Lampton and replaced it with the Post. In the original field notes from 1967, Gardner States “…are monumented with the Bureau of Land Management’s standard iron post cadastral survey monument, consisting of an inscribed die cast brass cap, permanently mounted on a galvanized iron pipe, 29 ins. Long, 2 1/2 ins. diameter”. During the Dependent Resurvey, Gardner found “…a sandstone, 14x8x3 ins., illegibly mkd., loosely set 3 ins. in the ground”. This was the corner set by Lampton and currently buried alongside the new post."
Now, unless my geometry fails me, the four corners of the parcels in question come together in a point. Is that "point" 2.5" in diameter, as is set as a standard cadastral survey monument? If so, is that post set exactly perpendicular (hard to do on an earth shaped object?). If not, and also given the diameter of the pipe, does some part of the post actually intrude into the rancher's property.
in 1967 did they have the technology available today to shoot the property lines from that "point" in the exact direction as prescribed on the survey documents?
Basically, from what I could figure out from what I read, the exact location of the corner is not being disputed. The action of crossing over that corner from one parcel of public land to another parcel of public land is what the case revolves around. And the judge said, summarily, it is OK to cross there.
The desert is a true treasure for him who seeks refuge from men and the evil of men. In it is contentment In it is death and all you seek (Quoted from "The Bleeding of the Stone" Ibrahim Al-Koni)
