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T H E O F F I C I A L P U B L I C AT I O N O F T H E T E N N E S S E E A S S O C I AT I O N O F P R O F E S S I O N A L S U R V E Y O R S
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can TAPS count on you?
Inside This Issue
TENNESSEE ASSOCIATION OF PROFESSIONAL SURVEYORS
FALL 2013
Tennessee Association
of Professional Surveyors
607 W. Due West Avenue, Suite 96
Madison, TN 37115
615-860-9311
Fax: 615-860-7177
E-mail [email protected]
www.taps-inc.com
THE TENNESSEE SURVEYOR is published
four times a year: January, April, July and
October, by the Tennessee Association of
Professional Surveyors (TAPS). Opinions
expressed by individual authors are not
necessarily endorsed by the officers or Board
of TAPS or the editors of this publication. Articles may be reprinted with due credit given
to the author unless otherwise indicated at
the beginning or end of the article.
ADDRESS CHANGES AND
GENERAL BUSINESS
All notification for editorial matters, changes
of address, membership inquiries and general TAPS business correspondence should be
directed to Lori Medley, Executive Secretary,
at the above address.
CONTRIBUTIONS OF MATERIAL
The Tennessee Surveyor welcomes contributions of articles and comments for publication. The editors would appreciate submittals to be typewritten, double spaced, and
preferably only seven paragraphs long (each
paragraph should have a maximum of five or
six sentences). The editors of The Tennessee
Surveyor reserve the right to edit (after author
notification) each article.
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From the President...........................................................................................................................................................3
2014 Conference: Surveying as a Business..............................................................................................................5
Biggert-Waters Flood Reform Act of 2012: How it Affects You and Your Business....................................7
Intent and Water..............................................................................................................................................................9
Incoming TAPS Board of Directors.......................................................................................................................... 13
Lobbying 101: Effectively Communicating with Legislators............................................................................ 15
Legislation: For the Good of the Public and You, the Surveyor..................................................................... 16
Can TAPS Count On You?.......................................................................................................................................... 18
LSPAC Contribution Form.......................................................................................................................................... 19
Advertisers
Berntsen........................................................................................................................................................................... 13
Crow Friedman Group...................................................................................................................................................4
Earl Dudley, Inc..................................................................................................................................................................8
Hayes Instrument Co.................................................................................................................................................... 18
Niles Surveying Co., Inc..................................................................................................................................................5
Precision Products...................................................................................................................................................10-11
That CAD Girl................................................................................................................................................................ 14
Trimble................................................................................................................................................................................6
Business Members
Berntsen International......................................................................................................................... 608-249-8549
Crow Friedman Group........................................................................................................................ 800-595-6526
Hayes Instrument Company.............................................................................................................. 931-684-0555
Precision Products................................................................................................................................. 502-572-7747
Smart Vent............................................................................................................................................... 877-441-8368
Tuck Engineering................................................................................................................................... 276-523-4669
2014 Executive Committee
President
President-Elect
VP/Conference Chair 2014
VP/Conference Chair 2015
Secretary/Treasurer
Past President
Jimmy Cleveland - Brighton
Andrew Stokes - Clarksburg
Andrew Stokes - Clarksburg
Aaron Sams - Strawberry Plains
Mario Forte - Chattanooga
Benny Moorman - Knoxville
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
Full page - 11” x 7 1/2” $200 per issue
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The Tennessee Association of Professional Surveyors (TAPS) is dedicated to
preserve and promote the education and advancement of the profession.
2
From the President
BY JIMMY L. CLEVELAND, RLS, PLS
The Year Ahead
I
would first like to take a moment to thank you for electing me
(b) Revocation, suspension or volto serve as your President for the 2013-2014 fiscal year. I am
untary surrender (as a punitive action
humbled by your confidence in me, and only hope that I can folby a licensing Board) of a license or
low honorably in the footsteps of my predecessors. I have had
certificate to practice land surveying in
the opportunity to serve on the Board of Directors with some
another jurisdiction.
very knowledgeable and honorable Past Presidents. I consider it
By the time you are reading this, the Rulemaking Hearing will
an honor and a privilege to serve as your President. I believe that
have taken place.
TAPS is vital to the surveying profession in the State of Tennessee.
As I reviewed the agenda for the Board of Directors meeting
On the education front, there is discussion about Tennessee
on September 28, I was surprised at the number of items that
Tech offering Category B surveying courses. TAPS has been asked
appeared under the Incoming Board’s meeting. Based upon the
for input regarding the development of this program, and should
discussions at the meeting, we are going to have a very busy year.
this program come to pass it will be another institution where
Some of the the issues that were discussed will be explained in this
future surveyors can obtain the necessary classes to meet the
article. The issues at hand are numerous,
licensing requirements.
and you can rest assured that your Board
Based upon the discussions at There is an issue that was discussed at
of Directors is discussing these items and
at the meeting. The elimination of
the meeting, we are going to length
will be working to help protect and prothe “10 Year Rule” has been a hot topic
mote the profession.
across the state. At the June TAPS Board
have a very busy year.
On Wednesday, October 24, there
of Directors meeting, the Board of Examwill be a Rulemaking Hearing regarding
iners report informed TAPS that the “10
proposed changes to the Rules of Professional Conduct, and the
Year Rule” was no longer in effect. This report sent a ripple effect
rules regarding continuing education. Rule 0820-05 is regarding
across the state. It has been discussed at Chapter Meetings across
Continuing Education. There has been much discussion in the
the state, and those discussions continued at the BOD meeting.
Northeast Chapter regarding this issue. TAPS is proposing that
After much discussion, a motion was made and passed that TAPS
the Board of Examiners consider reciprocity between other states
seek a review of the 10 year rule as stated in Title 62 of the Code.
with regard to continuing education. There was also lengthy
The TAPS BOD voted to request an opinion from the Attorney
discussion regarding the pre-approval of continuing education
General regarding the 10 year rule. The question is the intent of
courses. A second option that TAPS is proposing is the possibility
the original bill regarding the 10 Year Avenue to testing. Was the
of eliminating the pre-approval of continuing education courses
intent to serve as a grandfather clause or was the 10 Year Experiand moving towards a random audit process similar to the process
ence to always serve as an additional avenue to testing? It was
exercised by many states. It is recognized that the current process
suggested that TAPS might get a better and quicker response if
is not working and needs to be addressed.
the request was to come from a legislator. One of the BOD mem The second issue that will be discussed is Rule 0820-04, the
bers is meeting with his representative regarding this inquiry.
Rules of Professional Conduct. There was discussion amongst the
At the Spring Convention, there was a presentation by Mr.
Board of Directors regarding the proposed changes. We are very
Benny Moorman regarding a property description report. This
fortunate that we have two members of the Board of Directors
would be a review of an existing deed to see if, in the opinion of
who are Attorneys as well as Land Surveyors. Their review of the
a professional land surveyor, the existing description could be
proposed rule changes revealed that Subsection 3, as written in
retraced on the ground. There has been much discussion with
the proposed changes, was very vague and could be interpreted
title attorneys, and they are not opposed to the idea. The TAPS
in a number of ways. TAPS is proposing the following changes:
Board of Directors has voted to move forward with proposed
Rule 0820-04-.07 (3) be revised as:
legislation to implement the property description report as a
(3) Misconduct. The following acts, among others, may be
part of the property transaction process. If the legislation passes,
deemed to be “misconduct” for the purposes of T.C.A. 62-18-116
the report would be a part of the closing process. It would be a
(a)(1)(B), and to be cause for denial, suspension or revocation of a
review of the existing description, by a licensed land surveyor, and
certificate of registration to practice land surveying:
if there appears to be ambiguities that would make it difficult or
(a) Conviction in a court of competent jurisdiction for a felony
impossible retrace the existing description, the buyers would be
or other crime of moral turpitude that reflects unfavorably on the
notified, and they would have the option of ordering a survey. It
registrantís ability to practice land surveying.
continued on p. 15
3
2014 Conference:
Surveying as a Business
BY ANDREW STOKES, 2014 VP AND CONFERENCE CHAIR
Y
ou spoke and we listened. You’re going to see a redesigned
surveyors whom our profession lost
conference schedule this year. Every year, several express a
because they needed to provide
desire to get as many hours as possible in two days with a onebetter for their families. This is a
night stay in a hotel. At this year’s conference you can make that
problem we can’t ignore. I believe we can address this as a group
happen. If you choose to stay for the entire conference, there’s a
of professionals. We’re problem solvers, and this is a problem we
possibility of completing 19 hours of continuing education. Howcan fix.
ever, if you prefer to get back to the office
If you don’t share my concern for busias quickly as possible, you can complete 14 Attend the conference. Enjoy
ness and marketing, don’t worry. We are
hours of classes in two days. We’re trying
the great fellowship. Spend your planning to have a number of interesting
to address a long-held concern and hoping
seminars focused on the traditional parts
continuing education money
that everything will run smoothly as we try
of continuing education. Whatever your
with an organization that
something new.
interest, this year’s conference should pro This year’s main theme is going to be
supports you, fights for you and vide a chance to learn and improve as a
“The Business Side of Surveying.” We all
professional. The new expanded schedule
love surveying as a profession. If we didn’t promotes our profession to the
is going to allow for a lot of choice.
all love what we do, we know there are eas- very public we serve.
We plan to continue the highly successier ways to make a buck. You can’t replace
ful giveaway for an ATV. For those attendthe thrill of finding that 50-year-old pipe after digging a foot and
ing the full conference, there will be a chance you will go home
half in the ground. The rest of the public has no idea how exciting
with a great four-wheeler. We are thankful for the support from
it is to check within 0.001 on your hypotenuse. Heck, most of the
local chapters to purchase the ATV. We can’t do it without you.
public doesn’t even know what a hypotenuse is. Unfortunately,
We still need support from the area chapters to help in the purexcellent closure doesn’t necessarily pay the bills. We love what
chase of the ATV. Attend the conference. Enjoy the great fellowwe do, but we want to make a living doing it. There are a number
ship. Spend your continuing education money with an organizaof methods, tactics and strategies that can help a great surveyor
tion that supports you, fights for you and promotes our profession
be a great businessman as well.
to the very public we serve. l
I am thankful for all the good training I received from the intelligent and experienced surveyors I practiced under. However,
when I hung out my own shingle, I found myself scrambling to
figure out how to run my business, make a profit and maintain
a business strategy that could provide a comfortable life and a
safe retirement. With our current economic climate, it seems to
me that now more than ever our profession could benefit from a
good strategy for success in business.
I don’t know how many times a week I have to explain the
benefits of a good survey and defend the expense as a worthwhile investment. Our airwaves are flooded with commercials
urging the public to buy the latest product or upgrade to the
latest device. Businesses across the nation are closing doors, not
because of bad products, but because of poor management and
a failed business strategy. We work in an ancient profession and
our commodity is of the highest benefit to the public at large.
Tennessee Association of
However, if we can’t convince people to hire us or if we can’t manProfessional Surveyors
age our business successfully, we’ll see dollars going out the door
is now on Facebook!
and more and more surveyors leaving the profession for greener
pastures. Months ago, I sat at a chapter TAPS meeting and discussed how five licensed surveyors in our area had quit surveying
"Like" us!
and taken higher paying jobs in other markets. These were good
5
Biggert-Waters Flood Reform Act of 2012:
How it Affects You and Your Business
BY BRIAN T. BARTLETT, PLS (NC, TN)
CERTIFIED FLOODPLAIN SURVEYOR (NC-077), APPALACHIAN SURVEYING CONSULTANTS, P.A., NE CHAPTER PRESIDENT, TAPS
What is the Biggert-Waters Act?
Congress passed the Biggert-Waters
Act of 2012 and the President signed it
into law in the spring of 2012. The Act
is extends the National Flood Insurance
Program (NFIP) for another five years and
intends to overhaul the program to make it
more financially stable. It is an attempt to
rectify the massive losses caused by Hurricane Katrina as well as a number of other
flooding events, including the most recent
Hurricane Sandy damages to the East Coast.
Many items in the act address floodplain
management for participating communities, but the most significant part of the
law applies to insurance premiums that are
subsidized by the NFIP. The program was
established in 1968 as a way to provide “at
risk” homeowners’ and business owners’
flood insurance at a rate lower than the
assessed risk rate. The program is funded
solely by insurance premiums paid through
the NFIP. Unfortunately, the program is
“under water” (pardon the pun) to the tune
of over $20 billion.
What affect does this have
on homeowners?
Beginning in October 2013, current
pre-FIRM subsidized rates will be phased
out over a five-year period. If a home or
business was constructed prior to the effective date of a Flood Insurance Rate Map
(FIRM) and community participation in the
NFIP, rates were set much lower than for a
structure built after that date. According
to FEMA, the NFIP holds 5.56 million policies, and only 20 percent of homeowners
in a Special Flood Hazard Area (SFHA) fall
into this category. However, that is still
1.12 million homes and businesses in the
U.S. Based on the 2012 census, it equates
to over 22,400 Tennessee property owners that will see dramatic increases to their
premiums, 20 percent per year over the
next five years. That is 20 percent of the
difference from the “actuary rate.” Simply
stated, a homeowner of a pre-FIRM home
could see increases of 3,000 percent! Second homes and businesses will see the most
immediate changes, since the phasing out
of grandfathered rates began January 1,
2013 and will rise 25 percent for the next
four years to achieve actuary rates.
Further, if a current homeowner sells
their home, has a lapse in coverage or new
maps are adopted, they will immediately
lose the subsidized rate. Any new owner
will have to secure coverage at the current
actuary rate based on risk and historic damage claims.
Is it fair?
Like most issues, fairness depends on
which side of the fence (or river, in this
case) you are on. Any new home in a
SFHA must be built to flood risk reduction
guidelines as set out by their community
floodplain administrator and adhere to
the minimum requirements of the NFIP.
Elevating structures, installing flood vents
and other mitigation procedures help to
reduce the risk of loss, thus reducing the
premium for flood insurance required by
the owner. Subsidized policies that are a
total loss are rarely offset by the low premiums, particularly in low lying areas like New
Orleans where payouts are almost guaranteed. One source stated that a structure
in the New Jersey area, destroyed by Hurricane Sandy, had been replaced 16 times!
A homeowner in Tennessee who faces a
dramatic rate increase, while never filing a
claim might consider this unfair. The fact
remains, however, that the program was ill
conceived from the start and doomed to
operate in the red eventually. The proliferation of waterfront homes and increased
runoff from impervious surface due to
dense development has given rise to flood
risks both on the coast and inland properties. The U.S. government had to do something to offset the rising costs of claims due
to years of inaction. The only other option
was to dismantle the NFIP and allow private
insurance to compete for rates. This new
7
law allows
for at least a
somewhat gradual increase in current rates.
What does this mean
for surveyors?
Our first and foremost charge as surveyors is to “protect the public.” In cases like
this, we can use this as an opportunity to
protect the public from unfair premiums.
Without benefit of an Elevation Certificate,
most insurance companies will set a policy
holder at the highest possible rate to protect the lender’s investment. This might be
fair in some cases but rarely applies.
Example
(Source: www.floodsmart.com)
A $150,000 / $50,000 policy ($150,000
structure / $100,000 contents coverage) in
a Zone A (High Risk Zone):
• 1 foot above Base Flood Elevation,
Annual Rate = $1,844.00
• 1 foot below Base Flood Elevation,
Annual Rate = $5,900.00
As you can see, a simple determination of
two feet can mean a huge difference to
a homeowner and the rate they may be
faced with. Of the hundreds of elevation
certificates that I have performed over the
years, it is rare that the homeowner does
not see a decrease in rates from the additional information provided to the insurance company.
Although we should not relish the
thought of profiting from the misfortune
of others, the Biggert-Waters Act will
undoubtedly put a spotlight on many
homeowners and businesses and demand
that we provide a service that is much
needed in days to come. We all should
educate ourselves about this new law and
be ready to provide reliable counsel to
those clients who will soon be asking for
our help. l
Sources: http://www.fema.gov
flood-insurance-reform-act-2012;
Legislation: For the Good of the
Public and You, the Surveyor
BY BENJAMIN J. MOORMAN, RLS
A
s president of TAPS last year, I conceived a plan that would address what
I feel are shortcomings in the way the general public of Tennessee is served regarding property transactions. It was and is my
belief that we are to place the welfare of
the public at the forefront of all decisions
in our practice as land surveyors. Over
the years, many members have expressed
concerns associated with risks incurred by
the general public by entering into property acquisitions without the benefit of a
survey of some form to represent potential
problems with the property in regards to
boundary limits, encroachments, setback
violations, etc. Another concern represented was the practice of utilizing property descriptions from previous instruments
of record for a piece of property, even
when those property descriptions do not
adequately define the property boundaries. I believe it is our duty as professionals
within the industry to address issues facing
the general public, even though most of
them are unaware of the risks they incur
with current practices. I also am fully aware
that some other professionals and even
some individuals may perceive our ongoing
efforts regarding these issues as self-serving. I do not believe that we should allow
the perceptions of a few entities to impact
our efforts to best serve the general public.
At the September 28 TAPS Board of
Directors (TAPS-BOD) Fall meeting, the
board authorized our lobbyist to begin
the process of introducing legislation for
the benefit of the public. TAPS is proposing legislation to correct shortcomings
associated with the current process of
utilizing existing property descriptions in
property transfers without regard to those
descriptions true ability to represent the
property boundaries adequately. The
general public, not truly understanding
the terminology of most property descriptions, assume that the instrument transferring the property fully protects all their
interests. They, with some merit, believe
that because their instrument of transfer of
property is prepared by an attorney, it is a
quality document. TAPS recognizes that it
is a quality document in regards to the title
of the property, but quite frequently not
in regards to the description of property
boundaries.
Given these concerns, the legislation that
TAPS is proposing will implement a process
by which a professional land surveyor will
review all property descriptions before
they are utilized for property transfers. The
professional land surveyor will review the
property description and render a professional opinion on said description’s ability
to be reproduced on the ground, assuming adequate monuments as represented
within the description exist in the field. It
is not TAPS intent to totally undermine the
current process, but to provide an avenue
whereby the public can be protected
regarding the descriptions for their property boundaries. We are not asking that the
public be required to correct substandard
property boundary descriptions, but only
that they be advised that there are concerns, if they exist, prior to them taking possession of the property. In the event that
the description appears adequate, the public will maintain a sense of assurance that
their property boundaries are adequately
described.
Following TAPS-BOD action at the
above referenced meeting, our lobbyist,
Mr. Steve Bivens, directed the TAPS-BOD
in matters that will aid in the proposed
legislation being successful. He instructed
the TAPS-BOD in the importance of a
grass roots effort. This consists of each of
us as land surveyors reaching out to our
respective legislators and advising them of
the problems associated with the current
process and how our legislation will benefit
the public. While TAPS-BOD welcomes
your help in these grass roots efforts, we ask
that you properly prepare yourself prior to
approaching
your respective
representative.
Contact the TAPS office for direction.
TAPS-BOD recognizes that one group
that may be adverse to our legislation is
the Realtors, and they represented this to
Mr. Bivens. He advised the TAPS-BOD that
the Realtors have extremely strong lobbyist representation on Capitol Hill. Theirs
is one of the strongest in the state. That
being said, we need your help in building
our PAC account in the very near future.
We can’t wait until the Spring Conference
and utilize our historic fund raising efforts
there. We have to build our account now!
Please consider making contributions to
our PAC now. A contribution of $100
earns you membership in the Tennessee
Land Surveyors Political Action Committee
(TLS-PAC). If each of us makes a contribution of $100, we will greatly impact our
voice on Capitol Hill.
While this legislation is being introduced for the benefit of the public, a byproduct will be a new service we as land
surveyors will be able to implement into
our current business operations. During
these especially difficult economic times, I
think we would all welcome a new opportunity to provide a service to the public.
Therefore, this legislation as introduced will
benefit the public and it will benefit you,
the land surveyor.
Over the years I have called out to you,
as a land surveyor, to become active in
TAPS and to contribute to the TLS-PAC
many times. I have tried in many ways
to represent the importance of your
involvement. I can only hope, given the
information contained herein, you will now
recognize the importance of your involvement. TAPS and the TLS-PAC needs your
involvement and support, both personally
and financially if we are to be successful in
achieving the proposed legislation. l
Intent and Water
BY C. BARTON CRATTIE LS, CFM
A
ugust 17, 2013: My local nightly news opened with “2013,
Georgia is coping from major downpours.” As of August,
Georgia had four more inches of rain than the average for an entire
year. Prior to this year’s unprecedented rains, the State of Georgia and especially the City of Atlanta were in a terrible condition
because of a lack of water. This now abundance of water is a blessing, but only temporary joy. Just 300 feet north of the northwest
corner of the state is situated one of the larger surface sources of
water flowing within the United States. Water, water to the north
and not a drop to drink.
via the French Broad River, the Little
Tennessee River and the Hiawassee
River add to the ever-enlarging liquid
mass.
Making its great bend at Chattanooga, waters from the Ocoee River, Chickamauga Creek, Chattanooga Creek, Lookout Creek, various tributaries of Running Water
Creek and Cole City Creek, all flowing out of the State of Georgia,
have increased the great river’s volume yet more.
Immediately following its brief, near kiss with the northwestern
most point or corner of the State of Georgia, the river immediately
flows into the State of Alabama, satisfying the thirsts of Scottsboro,
Guntersville, Decatur, Huntsville, Muscle Shoals, Florence and any
number of communities of fortune touching its banks.
Then, the brief stretch through Mississippi, with many billions
of gallons of the precious fluid taking a left turn into Yellow Creek,
providing the hydraulic lift necessary to maintain the lucrative
Tennessee-Tombigbee Waterway, one of our nation’s greatest
civil engineering projects. Visible to astronauts orbiting the earth,
the “Big Cut” provides impressive evidence of an inter-basin water
transfer.
Once again, after about 200 miles visiting with the neighbors,
the great river enters back into the State of Tennessee. Serving as
the dividing line between the western and middle Grand Divisions
of the State of Tennessee, the remaining waters flow north, bisecting that state, until reaching Kentucky, in the vicinity of Blood River.
There, on its eastern banks, Land Between the Lakes, a public
park owned by the United States Park Service, enjoys some 22
miles of shoreline. More towns, industries and recreational areas
on the western bank, within Kentucky, benefit from the bounties of
this now nearly mile-wide source of water.
Finally, its long journey is over, mating with the Ohio River.
Through the liquid contributions of seven states, the Tennessee
and Ohio Rivers are now near equals, at this location, in capacity
and volume of flow. It’s a tough row to hoe, saying the State of
Tennessee is the sole lord and proprietor of the river bearing its
name.
April 24, 1802: The Articles of Agreement and Cession
Article I. The State of Georgia cedes to the united States all the
right, title, and claim, which the said State has to the jurisdiction and
soil of the lands situated within the boundaries of the united States,
south of the State of Tennessee, and west of a line, beginning
on the western bank of the Chattahoochee River, where the same
crosses the boundary line between the united States and Spain;* running thence up the said river Chattahoochee, and along the western bank thereof, to the great bend thereof, next above the place
where a certain creek or river called “Uchee” (being the first considerable stream on the western side, above the Cussetas and Cowetta
towns) empties into the said Chattahoochee river; thence in a direct
line, to Nickajack, on the Tennessee river; thence crossing the said
last mentioned river; and thence, running up the said Tennessee
river, and along the western bank thereof, to the southern boundary of the State of Tennessee; upon the following express conditions,
and subject thereto, that is to say…
*this line, run by Andrew Ellicott, is the now boundary between
Georgia and Florida
Signed by James Monroe, Albert Gallatin, John Millege, among
others and endorsed by President Thomas Jefferson, through these
articles, the once colony, now State of Georgia conveyed unto the
united States of America a little over 100,000 square miles (about
7 1/2 degrees of longitude out of 360 degrees globally or all of
the present states of Mississippi and Alabama) of prime property
for $1,250,000. In the end, that was about $12.39 an acre. Within
the Articles, a legitimate document, Georgia and the United States
made quite clear the intent of the parties involved. (American
State Papers; Public Lands; 2 vols; Washington, DC; 1834; Vol 1, P.
113)
Background
Some definitive facts about a time and place long, long past:
(1) From Inland Navigation: Connecting the New Republic 17901840 (University of Virginia): …rivers are crucial to most civilizations. From the Tigris to the Euphrates to the Nile to the Ganges,
people tend to build their inland cities on rivers. Immediately
available is a means for transportation, fresh water, irrigation possibilities and a hundred other conveniences that would not have to
be created without free flowing water and (2) By placing a stone,
at Nickajack, in the spring of 1818, James Camak, mathematician;
Thomas Stockes, commissioner; and Hugh Montgomery, surveyor,
all Georgians, and their Tennessee counterparts, James S. Gaines,
The Tennessee River
Though Tennessee shares the name, that state is certainly by
no means the sole arbiter or steward of the great river. By virtue
of the Clinch and Holston Rivers having their origins in the State
of Virginia, the Tennessee River is born in a state far beyond the
borders of Volunteer land. As the Tennessee winds its way south,
passing through Knoxville, waters from the State of North Carolina,
continued on p. 12
9
“ and along the western bank thereof,…”
“…first considerable stream on the west bank”
“the Tennessee River; thence crossing the said last mentioned river;“
“and along the western bank thereof,”
mathematician and General John Cocke, commissioner, eventually laid upon the ground the gravely flawed line separating the
two states. To reiterate: In 1802, water was as important to life
and commerce then, as it is now and in 1818 the Georgia/Tennessee boundary line was placed in disagreement with “the southern
boundary of the State of Tennessee” as unambiguously stated in
the 1802 Articles. The present question is: If in disagreement, is it
incorrect and should it even be a consideration?
As to the intent of the State of Georgia, it is a simple matter of
common sense. No responsible steward of the public’s interest, in
1802, would in any way whatsoever knowingly or even unintentionally enter into an agreement that would not allow its citizens
the rights and use to one of the major interstate waterways within
the nation over which it has full dominion. Of most importance,
the maps available at the time the Articles were adopted proved
Georgia had full enjoyment of access to the Tennessee River. Copies of maps portraying the intent of the parties are available in
both Tennessee’s and Georgia’s State Libraries and Archives. In
1802, Georgia, Tennessee and the United States of America were
all in agreement, through these maps, just where that river lay. The
Articles of Agreement and Cession (based upon the then-current
maps only) were made long before the survey was made.
We are all capable of reading and grasping the meaning of
Contracts 101: The mutual intention of the parties at the time of
the contract governs how the court resolves a contractual dispute
if the intent can be determined and is lawful. If possible, the
mutual intent of the parties will be determined only from the written terms of the contract. If the language of the contract is clear
and definite, that language will determine the mutual intent of
the parties. (Contract Interpretation; Lawyer.com)
This surveyor’s opinions (naturally subject to dispute and argument): Georgia’s intention to retain rights and access to the waters
of the Tennessee River was lawful. By preceding the survey on the
ground, following virtually every state’s current methods of acquiring title to rights-of-way for public highways and other uses, the
recognized written terms of the conveyance control. The language
used is clear and definite. The United States of America and the
State of Georgia agreed to Georgia retaining rights to the waters of
the Tennessee River, up to the “southern boundary of the State of
Tennessee,” regardless where a flawed boundary survey placed the
line dividing the two states. As one of the two parties in the original contract (the State of Tennessee was also a party, through Congressional approval of the Articles), the United States government
should be compelled to enforce the terms of the 1802 Articles of
Agreement and Cession, executed in good faith, it being the intent
of all parties.
One last and very important question. How should a time
period for a limitation of actions be considered? Is a 211-year-old
agreement applicable or enforceable? Sounds like a great project
for that clever attorney mentioned earlier.
No actual property should ever be relinquished by any citizen
of the State of Tennessee to become a citizen of the State of Georgia based on well-established boundary law. However, based on
intent and not boundaries, it should be considered that a strong
possibility exists, the State of Georgia should have rights of access
to and use of (perhaps via a purchased easement) those many
billions of gallons of water, that after a very long, meandering
journey, eventually are wasted, pouring into the far away Gulf of
Mexico and mixing with all the waters of the world. l
Basic Boundary Law
As surveyors, we all know the question is moot. Let’s analyze the description found in the 1802 Agreement. Universally,
throughout the United States, analysis of a property description
follows (simplified) basically the same pattern: The least reliable
element in a description is a numeric derivative—bearings, distances, coordinates, area (maybe like finding the 35th parallel of
latitude); ascending up the order would be the call for artificial
monuments (the Camak stone was purportedly found and its location is confirmed by reputation), that being bettered by a call for a
natural monument (you think the west bank of the Tennessee River
would suffice?). Going yet higher is the call for a survey (Camak et
al, available in both the Tennessee and Georgia Archives). All these
previous elements are encompassed under the category “Intent
of the Parties.” Yet, in boundary determination, intent is trumped
by senior rights—six years prior to the Articles, Georgia had ratified admission of the State of Tennessee with the 35th (not yet
surveyed) parallel of latitude being the dividing line between the
states. Finally and most importantly, Rights of Possession (unwritten conveyance) hold sway over all, the trump card of all elements
within (or outside of) any description. (Boundary Control and
Legal Principles -Third Edition; Brown, Robillard and Wilson; 1986;
p. 78)
Unwritten conveyance, a very roundabout way, pretty much
proving Georgia has a snowball’s chance of ever gaining a smidgen
of an acre of Big Orange country based on established boundary law. Rights of Possession: Statutory periods of time have long
passed, acquiescence is easily proven and the line dividing the
states is where it is and where it will always remain.
And Finally, Intent
Let’s go back though and revisit the intent of the parties. Let’s
speculate how a clever lawyer could possibly approach this issue.
This entire chain of events has its origin in the 1802 Articles of
Agreement and Cession, that being the intent of the parties in a
contractual sense and not in the resolution of a boundary location.
It is clear, upon review of the 1802 Articles, with the State
of Georgia relinquishing over 100,000 square miles of valuable
property at around $12 an acre, she was going to reserve all the
best she could for the benefit of her citizens. The State of Georgia
was the party within the contract mostly stating the terms of that
contract. At any mention of a river within the Articles, the State of
Georgia always made clear the claim to the entire waters of that
river, always retaining ownership to the far bank.
“…Georgia cedes…all the right, title, and claim…of the lands…
west of a line,”
“beginning on the western bank of the Chattahoochee
River…”
12
Incoming TAPS Board of Directors
president
president-elect
vp & conference chair 2014
vp & conference chair 2015
secretary/treasurer
past president
nsps governor
dal west
dal east
dal middle
dal out of state
directors nw
directors sw
directors w
directors m
directors sm
directors uc
directors se
directors me
directors ne
Jimmy Cleveland
Andrew Stokes
Andrew Stokes
Aaron Sams
Mario Forte
Benny Moorman
Allen Crawford
Jim Helton
Aaron Sams
Len Tusar
Bart Crattie
Craig Barron, Brantley Morris
Mike Frye, Chris Billingsley
Brent Dean, Henry Williams
Jeff Clark, Ashley Rose-Nalin
Everett Campbell, Mike Roberts
Mike Stump, Bart Lay
Scott Carter, Don VanHook
Bruce McClellan, Robert Freeland
Jerry Taylor, Brian Bartlett
13
Outgoing President
Benny Moorman
passes the gavel to
Incoming President
Jimmy Cleveland.
Incoming President
Jimmy Cleveland presents Outgoing
President Benny
Moorman with a
plaque for a job
well done.
From the President, cont. from p. 3
I remember growing up, my parents telling me that if you don’t
vote you can’t complain. They were talking about political elections, but that same theory can be applied to almost anything. As
you can see, as TAPS members, we have a busy year ahead of us.
Yes, I said US. Surveyors across the United States have been hit
hard by the recession. There are always groups trying to infringe
upon our profession. I could talk for hours on the things I have
seen and voted on as a Board Member over the past 12 years to
help protect our profession. Diligent TAPS members have fought
hard to protect our livelihood. There is strength in numbers. The
proposed legislation we will be presenting to the Legislature next
year will need a grassroots effort to educate our legislature on the
benefits and protection the general public will enjoy from this bill.
Talk with your local legislators. Call and schedule a meeting with
them, take them to lunch. Get to know them. The Rulemaking
Hearings are an opportunity to discuss proposed changes to the
rules that directly affect the way every licensed surveyor conducts
themselves as a professional.
I urge you to become involved at the local level, in your local
Chapter. Attend your local Chapter meetings and get to know
your peers. One thing I have learned in my time in TAPS, serving
on the Board of Directors, is that every one of us has a common
bond. While our backgrounds and experiences may vary, we are
all surveyors. We all provide a living for our loved ones by surveying. When we work together to protect and promote our profession, we all benefit. I look forward to the year ahead, and serving
you as TAPS President. Please feel free to contact me if you have
any questions or comments. l
would put the buyers on notice that there may be an issue with
the description. This would fall under our charge as a licensed
professional to protect the public.
This proposed legislation has many possibilities. It may help
update those old descriptions that we all have seen that make us
cringe when we read them. The old bounded deeds that read
bounded on the north by Jones, the east by Smith, on the south
by Watkins, and on the west by a public road, and the adjoining
properties have been transferred numerous times. It may help
educate the public on the benefits of having a survey done when
they purchase a piece of property.
I have held the office of President since Saturday, September
28, 2013. Since then, I have received numerous emails on a daily
basis regarding TAPS business. I have been on the Board of
Directors since the early 2000’s, and although I knew the office of
President was busy, I had no idea of how busy it really was. Please
don’t think I am complaining. I believe wholeheartedly in the purpose and mission of TAPS. One of my mentors, Pete Arney, introduced me to TAPS by taking me to the Southwest Chapter meetings. I remember the very first TAPS Convention that I attended
as a newly licensed surveyor in 2001. I was walking down the hallway with Pete, and he introduced me to Terry Greenwell, who has
become a very good friend since then. I remember Terry firmly
shaking my hand and looking me straight in the eyes and telling
me to get involved. He has always led by example.
Lobbying 101:
Effectively Communicating with Legislators
S
pearheading an effective lobbying effort involves three steps:
(1) Education (2) Motivation (3) Activation
Education involves making sure TAPS members know exactly
what the issues affecting their industry are. They must know how
the issue affects them personally and be able to discuss all of the
ins and outs of the issue in a clear and concise manner.
Motivation is essential to get our folks fired up. Our people
may be the most informed about an issue, but if they are not willing to communicate that to their elected officials, all their education is for nothing. We must be motivated that this is the right
issue, we are on the right side of this issue, and the legislature has
to pass/defeat it.
Activation is getting TAPS members to call, write, or go see
their legislators after they have been provided with the right tools
to communicate and the motivation to make that communication.
After education, motivation and activation, your TAPS lobbying team must then conduct the proper follow-up to determine
where your votes are and if any follow-up meetings need to occur.
When educating TAPS members on communicating with legislators, it always pays to remember that as the saying goes, all politics
are local.
I have found that grassroots lobbying is the most effective way
to influence public policy, if it is done correctly. Grassroots lobbying means convincing the members of the General Assembly
that there are a lot of folks back home who think a certain piece of
legislation is either a good or a bad idea. While some legislators
are smarter than others, rest assured that every single one of them
can count and can count very well. That is to say, it takes a certain
number of votes to get elected to the General Assembly, and it
takes a certain number of votes in the General Assembly to pass
legislation. Evidence is nice, but facts do not vote; constituents do.
That is why organizing constituent support for a bill is the most
crucial part of grassroots lobbying.
For this reason, motivating TAPS members to participate in the
legislative process by making contact with their State Representative and State Senator is vital. Hearing firsthand from a constituent
about the association’s issues and concerns is a powerful tool in
advocating for TAPS interests. On the other hand, if grassroots
lobbying is done incorrectly, our legislation may be defeated, our
association could be embarrassed and lose credibility or legislation that is harmful to the surveying profession could become law.
continued on p. 19
15
Legislation: For the Good of the
Public and You, the Surveyor
BY BENJAMIN J. MOORMAN, RLS
A
s president of TAPS last year, I conthat because their instrument of transfer of you properly
ceived a plan that would address what property is prepared by an attorney, it is a
prepare yourI feel are shortcomings in the way the genquality document. TAPS recognizes that it
self prior to
eral public of Tennessee is served regardis a quality document in regards to the title approaching your respective representaing property transactions. It was and is my
of the property, but quite frequently not
tive. Contact the TAPS office for direction.
belief that we are to place the welfare of
in regards to the description of property
TAPS-BOD recognizes that one group
the public at the forefront of all decisions
boundaries.
that may be adverse to our legislation is
in our practice as land surveyors. Over
Given these concerns, the legislation that the Realtors, and they represented this to
the years, many members have expressed
TAPS is proposing will implement a process Mr. Bivens. He advised the TAPS-BOD that
concerns associated with risks incurred by
by which a professional land surveyor will
the Realtors have extremely strong lobbythe general public by entering into propreview all property descriptions before
ist representation on Capitol Hill. Theirs
erty acquisitions without the benefit of a
they are utilized for property transfers.
is one of the strongest in the state. That
survey of some form to represent potential The professional land surveyor will review
being said, we need your help in building
problems with the property in regards to
the property description and render a
our PAC account in the very near future.
boundary limits, encroachments, setback
professional opinion on said description’s
We can’t wait until the Spring Conference
violations, etc. Another concern repreability to be reproduced on the ground,
and utilize our historic fund raising efforts
sented was the practice of utilizthere. We have to build our
If each of us makes a contribution of $100, we account now! Please consider
ing property descriptions from
previous instruments of record
will greatly impact our voice on Capitol Hill. making contributions to our PAC
for a piece of property, even
now. A contribution of $100
when those property descriptions do not
assuming adequate monuments as repearns you membership in the Tennessee
adequately define the property boundarresented within the description exist in
Land Surveyors Political Action Committee
ies. I believe it is our duty as professionals
the field. It is not TAPS intent to totally
(LSPAC). If each of us makes a contribution
within the industry to address issues facing
undermine the current process, but to
of $100, we will greatly impact our voice
the general public, even though most of
provide an avenue whereby the public can on Capitol Hill.
them are unaware of the risks they incur
be protected regarding the descriptions
While this legislation is being introwith current practices. I also am fully aware for their property boundaries. We are
duced for the benefit of the public, a bythat some other professionals and even
not asking that the public be required to
product will be a new service we as land
some individuals may perceive our ongoing correct substandard property boundary
surveyors will be able to implement into
efforts regarding these issues as self-servdescriptions, but only that they be advised our current business operations. During
ing. I do not believe that we should allow
that there are concerns, if they exist, prior
these especially difficult economic times, I
the perceptions of a few entities to impact
to them taking possession of the property.
think we would all welcome a new opporour efforts to best serve the general public. In the event that the description appears
tunity to provide a service to the public.
At the September 28 TAPS Board of
adequate, the public will maintain a sense
Therefore, this legislation as introduced will
Directors (TAPS-BOD) Fall meeting, the
of assurance that their property boundaries benefit the public and it will benefit you,
board authorized our lobbyist to begin
are adequately described.
the land surveyor.
the process of introducing legislation for
Following TAPS-BOD action at the
Over the years I have called out to you,
the benefit of the public. TAPS is proposabove referenced meeting, our lobbyist,
as a land surveyor, to become active in
ing legislation to correct shortcomings
Mr. Steve Bivens, directed the TAPS-BOD
TAPS and to contribute to the LSPAC many
associated with the current process of
in matters that will aid in the proposed
times. I have tried in many ways to repreutilizing existing property descriptions in
legislation being successful. He instructed
sent the importance of your involvement.
property transfers without regard to those
the TAPS-BOD in the importance of a grass I can only hope, given the information
descriptions true ability to represent the
roots effort. This consists of each of us as
contained herein, you will now recognize
property boundaries adequately. The
land surveyors reaching out to our respecthe importance of your involvement. TAPS
general public, not truly understanding
tive legislators and advising them of the
and the LSPAC needs your involvement
the terminology of most property descrip- problems associated with the current proand support, both personally and finantions, assume that the instrument transfercess and how our legislation will benefit the cially if we are to be successful in achieving
ring the property fully protects all their
public. While TAPS-BOD welcomes your
the proposed legislation. l
interests. They, with some merit, believe
help in these grass roots efforts, we ask that
16
Can TAPS Count On You?
BY DANNY WORLEY, PAC CHAIRMAN
T
Conversations with land title profeshe Tennessee Association of Professional Surveyors (TAPS)
sionals in the state have been positive
Board of Directors recently met for their fourth quarter meetas they have conveyed that most will
ing. During this meeting, the Board voted and passed a call to
be neutral on the subject as this also
begin a process that will create new state legislation requiring that
protects their investments. We know that there will be other
the legal description portion of a deed be reviewed by a Land
opposition from other groups for their own purposes.
Surveyor for its accuracy during the transfer of properties in TenThe Land Surveyor’s Political Action Committee wishes to
nessee. The legislation required to pass such a state bill will not
aid the Tennessee Association of Professional Land Surveyors in
be easy or cheap but it will protect the public when making their
their endeavor to bring this legislation to our state leaders. The
investment in property.
Tennessee Association of Professional Land Surveyors is the only
We have all had that legal description that has been copied
group in the state who has their own lobbyist representing the
from deed to deed for years that does not accurately describe
needs of the surveyor in Tennessee. But we are asking for help
the subject property that we are surveying, and/or when we do
from members and non-members alike.
survey the property we discover that
We need to raise funds to pursue this
there are large variances between the
The legislation required to pass issue.
We are asking that every surveyor
actual property and the description.
in the state make a donation to the Land
This is stressful to the surveyor but can
such a state bill will not be
Surveyor’s PAC so we can assist by getbe harmful to the owner, who assumed
easy
or
cheap
but
it
will
protect
ting in front of the legislators to educate
that the property was in one state only
our state leaders and explain why this
to discover that the actual property is
the public when making their
legislation is so important. Any donation
quite different. The investment made
investment in property.
is appreciated, but we are asking that all
on their purchase may be lost because
land surveyors donate $100 to the PAC.
of an erroneous legal description. It is
If every land surveyor who is a member
for this reason that the Tennessee Association of Professional Surof the Tennessee Association of Professional Surveyors donates
veyors Board of Directors has begun the process of creating new
$100, we can raise a little over $30,000. If we can get the same
legislation.
donation from every surveyor in the state, that number will swell
The process of property transfer has eroded to the point that
to over $70,000. This is not unrealistic.
the actual property being transferred has less importance than the
Individuals who make a $100 donation will be a member of the
desire to make the sale quick and to move money as fast as posLand Surveyor’s PAC. They will have voting rights in the selecsible. The uninformed public makes the purchase without being
tion of the PAC Trustees and given an opportunity to deliver PAC
fully aware of what is truly being purchased. The Board of Direcdonation requests to state leaders in their area. This is a great way
tors feels that the public would be better protected if the legal
to meet your representatives and other state leaders. But most
description portion of a deed is reviewed by a land surveyor for
importantly, you will see how these contributions and the legislaaccuracy before the deed is recorded. This review would be contive process can assist and protect the land surveyor.
ducted prior the sale of real property and would result in a report
We believe we can raise $10,000 before the end of 2013 and
given to the buyer before the transfer of property is complete.
$30,000 before April 1 and we are asking that you help make this
The report is not a survey. The report gives the buyer the opporhappen. Donations can be from individuals or companies. We
tunity to request a survey if they choose, but only if they choose.
accept checks or money orders. This money will be used to proAt least they are given a chance to choose.
tect the public and the land surveyor alike, so make your donaThe Board of Directors has asked our lobbyist, Steve Bivens
tion. Fill out the enclosed membership/donation form and make
and Associates, to begin the legislative process. This process will
checks out to: Tennessee Land Surveyors PAC and send to: TAPSm
not be easy. As you can imagine, and have probably already said
607 W. Due West Avenue, Suite 96, Madison, TN 37115.
to yourself, there are other groups that will resist the legislation.
The donation is not a tax-free contribution but will be used to
You are correct. This action will be fought by other groups who
protect your profession and your interests. Thank you, and we
are afraid that their pockets will be affected. Other groups may
will keep you informed on how this action proceeds. l
say that this is a self-serving action even though we can prove that
this will truly protect the public and their investment.
The process will be expensive. Last year the Tennessee RealJust because you do not take an interest in
tors PAC raised $120,900 for the sole purpose of political contripolitics doesn’t mean politics won’t take an
butions. The Tennessee Realtors PAC is one of the strongest in
the state and the one we can anticipate opposing this the most.
interest in you.” –pericles (430 b.c.)
18
Lobbying 101, cont. from p. 15
Which leaves us finally, with activation. These are some of the
useful hints for lobbying that I have learned through the years:
• Never write more than a one-page letter. I suggest using
only three paragraphs: Tell them what you are going to tell them,
tell them what you told them. Never include lengthy studies or
graphs with your letter. Be sure to state the exact bill number
you are talking about instead of saying Vote against that gun bill.
Never tell them If you don’t vote for this, I won’t vote for you—
they all know that. • Always be nice to the staff. They can get you access to a legislator very easily, but they can prevent access to a legislator if you
are on their bad side.
• Mind your manners. If a legislator tells you he agrees with
you and will vote for your bill, thank them and shut up.
• Never, ever lie. If you don’t know the answer to a question,
tell them that you will get back with them or have your lobbyist
get back with them with the correct information.
• Don’t be an economist by saying, If this bill passes, then
unemployment will go up 5 percent in the State of Tennessee.
The good Lord invented economists to make weathermen look
good. Stay focused on how this particular piece of legislation
impacts you personally and the way you do business.
Land Surveyors
Political Action Committee
NAME:_____________________________________
ADDRESS: __________________________________
__________________________________________
__________________________________________
EMPLOYER: ________________________________
OCCUPATION:______________________________
PHONE:____________________________________
E-MAIL:____________________________________
Other Methods of Grassroots Lobbying
• One-to-one contact list for each legislator, i.e., who is the closest person in your association to that legislator?
• Yard signs and bumper stickers
• Poll workers
• Postcards
• Letters to the editor
• TV and regular advertising
• Newspaper advertising
• Establish coalitions with other groups on the same side as you.
Amount of your Contribution:
q $100.00 or LARGER Platinum Member
q $75.00-$99.00 Gold Member
q $50.00-$74.99 Silver Member
q $25.00-$49.99 Bronze Member
To search for legislative/surveying issues, visit http://www.legislature.state.tn.us/ l
Make checks payable to:
Land Surveyors PAC
Got That Member!
Fifteen (15) new members were recruited during the
2013 Membership Drive. Congratulations to Bart Lay
who recruited 3 new members. Benny Moorman and
James Wamble recruited 2 new members. Danny
Worley, Jim Waters, Tim Lingerfelt, Bruce McClellan,
Allen Crawford, Charles Clinard, Chris Barron and
Galyon Northcutt recruited 1 member. 607 W. DUE WEST AVENUE, SUITE 96
MADISON, TENNESSEE 37115
The TAPS Board of Directors approved the membership
drive again for 2014. So “Get that Member” and receive
a $50 credit (per each recruit) toward your 2014/2015
membership renewal!
phone: 615-860-9311
e-mail: [email protected]
19
ES
S
NA
OC
OF PROF
RS
TE
NN
L SUR VEYO
ESSEE ASS
ON
IO
TI
IA
1968
Tennessee Association of
Professional Surveyors
607 W. Due West Avenue, Suite 96
Madison, TN 37115-4420
PRSRT FIRST CLASS
U.S. Postage
PAID
Nashville, TN
Permit No. 3149
615-860-9311
Fax: 615-860-7177
E-mail: [email protected]
www.taps-inc.com
Sustaining Member – National Society of Professional Surveyors
www.nspsmo.org
Affiliate – American Congress on Surveying and Mapping
www.acsm.net
Lifetime Member – Surveyors Historical Society
www.surveyorshistoricalsociety.com
Tennessee Board of Examiners for Land Surveyors
www.state.tn/us.commerce/boards/surveyors
move?ss.
o
t
g
e
in
plann r new addr
u
o
y
Are now you
k
Let us
Get That Member!
See insert for more
information
The Tennessee Association
of Professional Surveyors
wishes you a
Bountiful Thanksgiving,
a Blessed Christmas,
and a
Healthy, Prosperous, and Peaceful
New Year!