A recent IBLA decision
The United States Department of Interior Board of Land Appeals (IBLA) has issued a number of significant rulings addressing bona fide rights as they affect resurveys. In the February 1996 issue of POB, I wrote about the case of Theodore J. Vickman(1), which was the most comprehensive ruling to date on bona fide rights in the context of a resurvey of a township that suffered from an apparently fraudulent original General Land Office survey.
Vickman involved a township in California that included several miles of land where original monumentation was missing or very sparse. Gross inaccuracies existed between what monuments could be found there and dimensions on the plat. Vickman had purchased a small cabin on land bordering a national forest. He located his land in reference to existing old Forest Service boundary posts and a creek shown on the original plat. Unfortunately, the old posts and creek lay so far west of the conclusively monumented east line of the section that to honor them as marking Vickman's boundaries would enlarge the section by about 300 acres.