Retracements

In State Bd. of Educ. Lands & Funds v. Jarchow, 219 Neb. 88, 362 N.W.2d 19 (1985), the parties each relied on separate surveys. The State of Nebraska relied on a survey conducted by a state surveyor in 1975 and Jarchow relied on a survey conducted in 1976 by a state registered surveyor who had been a former county surveyor. Additionally, two earlier related surveys were discovered. None of the original government survey corners were found for two sections. The Court found that the former county surveyor’s survey seeking to establish obliterated corners of public school lands was not sufficient to establish their locations where testimony relied upon did not meet applicable standards for witness testimony. The surveyor’s witnesses could hardly be relied on because their knowledge was not firsthand as required for obliterated corners. The surveyor did not attempt to tie his corners to any known perpetuated corners from the original government survey and the surveyor attempted to act upon the equities or inequities that may have been involved. The State’s surveyor had properly established the boundaries of the affected sections as required by law. State Bd. of Educ. Lands & Funds v. Jarchow, 219 Neb. 88, 362 N.W.2d 19 (1985).

SEE ALSO BOUNDARIES – OBLITERATED CORNERS