THE NEVADA TRAVERSE - The Nevada Association of Land

Transcription

The Nevada
Traverse
Institutional Affiliate
National Society of Professional Surveyors
Member Western Federation of Professional Surveyors
Vol. 41, No. 3
Journal of the Professional Land Surveyors of Nevada
2014
Miss May Bradford of Tonopah, Deputy Mineral Surveyor Part II... See Page 5
Limitation of Actions for Professional Services... See Page 9
Who’s Who in NALS
2014 State Association Officers
Glen Armstrong, PLS, President
U.S. Geomatics, Inc.
227 Vine Street
Reno, NV 89503
Email: [email protected]
Bus. 775- 786-5111
Fax: 775-786-5114
Trent Keenan, PLS, President-Elect
Diamondback Land Surveying, LLC
5506 S. Fort Apache Road, Suite 110
Las Vegas, NV 89148
Carl C. deBaca, PLS, Secretary
Alidade, Inc. P.O. Box 1586 Elko, NV 89803
Jerry Juarez, PLS, Treasurer
Manhard Consulting, Ltd.
9850 Double R Blvd., Suite 101
Reno, NV 89521
Bus. 702.823.3257
Fax: 702.933.9030
Bus. 775.777.8587
Fax: 775.777.8587
Bus. 775.746.3500, ext. 4720
The Nevada Traverse
Terry W. McHenry, PLS, Editor, The Nevada Traverse
Bus: 775.622.2944
14710 Rancheros Drive
Reno, NV 89521
Fax: 775.852.4028
Executive Secretary position is currently vacant
P.O. Box 20522
Bus: 775.624.6257
Reno, NV 89515
Fax: 775.624.6257
Contact Individual Board Members (above)
NSPS Director for Nevada
Bus: 702.804.2060
Fax: 702.804.2299
Great Basin Chapter
Mailing Address: P.O. Box 944, Elko, NV 89803
Carl C. deBaca, PLS, President
Alidade, Inc.
P.O. Box 1586
Elko, NV 89803
Bus. 775- 777-8587
Fax: 775-777-8587
Norman M. Rockwell, PE, PLS, President-Elect and
Chapter Representive
Bureau of Land Management
Bus. 775- 753-0321
Fax: 775-753-0246
3900 E. Idaho Street
Elko, NV 89801
Jolene Hoffman, Secretary (acting)
1262 ½ 5th Street
Elko, NV 89801
Bill Nisbet, PLS, Treasurer
Farr West Engineering
421 Court Street
Elko, NV 89801
Mailing Address: P.O. Box 20522, Reno, NV 89515
Kevin German, PLS, President and Chapter Representative
CFA, Inc.
Bus. 775- 856-1150
1150 Corporate Blvd.
Reno, NV 89502
Halana Salazar, PLS, President-Elect
NDOT
1263 S. Stewart St.
Carson City, NV 89712
Dan Bigrigg, PLS, Secretary
Atkins North America, Inc.
10509 Professional Circle, Suite 102
Reno, NV 89521
Charles ‘Dan’ Church, PLS, Treasurer
Sierra Surveying, Inc. 555 Holcomb Ave.
Reno, NV 89502
Jason Caster, PLS, Chapter Representative
Wood Rodgers 5440 Reno Corporate Drive
Reno, NV 89511
Bus. 775- 888-7470
Bus. 775.789.9837
Fax: 775.851.1687
Bus. 775-828-5004
Fax: 775-337-0313
Bus. 775- 823-4068
Southern Nevada Chapter
Central Office
Paul Burn, PLS
G.C. Wallace, Inc.
1555 South Rainbow Blvd.
Las Vegas, NV 89146
Lahontan Chapter
Cell: 775-340-5933
Bus. 775-738-2121
Fax: 775-738-7995
Mailing Address: P.O. Box 572152, Las Vegas, NV 89157
Sean Corkill, PLS, President and Chapter Representative
Bus. 702-875-7074
Las Vegas Valley Water District
100 City Parkway, Suite 700
Fax: 702-822-3350
Las Vegas, NV 89106
Steve Deveny, PLS, President-Elect and Chapter Representative
NV Energy Bus. 702-402-2168
6226 W. Sahara MS#9
Las Vegas, NV 89146
Doug Wood, PLS, Secretary
Diamondback Land Surveying, LLC
5506 S Fort Apache Road, Suite 110
Las Vegas, NV 89148
Jonathan Wooten, PLS, Treasurer
Las Vegas Valley Water District
100 City Parkway, Suite 700
Las Vegas, NV 89106
Bus. 702.823.3257
Fax: 702.933.9030
Bus. 702-875-7075
Fax: 702-822-3350
WFPS Delegates from Nevada
Nancy Almanzan, PLS
City of Las Vegas
333 N. Rancho Dr.
Las Vegas, NV 89106
Matt Gingerich, PLS
NVEnergy
PO Box 10100 S4B2O
Reno, NV 89520
Bus: 702.229.6343
Fax: 702.804.8582
Bus: 775.834.4567
Fax: 775.834.4189
The Nevada Traverse
This publication is issued quarterly by the Nevada Association of Land
Surveyors (NALS) and is published as a service to the Land Surveying profession of the state of Nevada. The Nevada Traverse is an open forum for
all surveyors, with an editorial policy predicated on the objective of NALS
Constitution and Bylaws, Article II, which reads:
“The purpose of this association shall be to promote the common good and
welfare of its members in their activities in the profession of Land Surveying; to
promote and maintain the highest possible standards of professional ethics and
practice; to promote professional uniformity; to promote public awareness and
trust in Professional Land Surveyors and their work.
This organization, in its activities and in its membership, shall be non-political, nonpartisan, non-sectarian, and non-discriminatory.”
The publication is mailed to NALS members and similar organizations on a complimentary basis. The Nevada Traverse is not copyright protected. Articles, except
where specifically copyright noted, may be reprinted with proper credit. Written
permission to reprint copyrighted material must be secured either from the author
directly, or through the editor.
Articles appearing in the publication do not necessarily reflect the viewpoints of
NALS, its officers, Board of Directors, or the editor, but are published as a service to its members, the general public, and for the betterment of the surveying
profession. No responsibility is assumed for errors, misquotes, or deletions as
to its contents.
Advertising Policy
(Effective January 1, 2014)
COLOR Adv. Sizes/Types/Placement
B&W Adv. Sizes/
Types/Placement
The Nevada Traverse is published quarterly by the Nevada Association of Land
Surveyors and accepts advertising. Contact the editor for submittal specifications
for advertisements. The rates per issue are as follows:
Prof’l Listing
1/8 Page
1/4 Page
1/2 Pg (horiz or vert)
3/4 Page
Full Page
Center Spread (full
pages ONLY)
Inside L OR R face
Inside L AND R face
Outside L OR R face
Next 2 Spreads Out
from Center
1/4 Page
1/2 Pg (horiz or vert)
Full Page
Cover (full pages ONLY
except as noted)
Inside front cover
Inside back cover
Outside back cover
(3/4 page ONLY)
MEMBER
PRICE
1 Issue Yearly (4x)
$70.00 $165.00
$100.00 $305.00
$175.00 $525.00
$240.00 $730.00
$315.00 $950.00
$350.00 $1045.00
NON-MEMBER
PRICE
1 Issue Yearly (4x)
$265.00
$525.00
$295.00
$615.00
$345.00 $965.00
$430.00 $1180.00
$505.00 $1310.00
$540.00 $1530.00
$610.00 $1745.00 $890.00 $2225.00
$1020.00 $2940.00 $1530.00 $3875.00
$560.00 $1580.00 $840.00 $2100.00
The
Editor’s
Corner
by Terry W. McHenry, PLS
Miss May Bradford, U.S. Mineral Surveyor, Part II
Paul Pace, PLS, concludes his two-part historical research
paper with the account of what may have been the only
female U.S. Deputy Mineral Surveyor in Nevada, or for
that matter, in the West. Our cover photo shows May on her
beloved horse “Buck.”
Editorship Opening
With mixed feelings this Editor will be stepping down
effective at the close of 2014. Having served as Editor of The
Nevada Traverse for the past 24 years, the decision has been
made to retire from the post. This was formally announced
to the NALS Board of Directors at its last meeting, July 18,
CONTINUED ON NEXT PAGE u
Table Of Contents
The Editor’s Corner. . . . . . . . . . . . . . . . . . . . . . . . . . . 2
About the Cover. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
The President’s Report. . . . . . . . . . . . . . . . . . . . . . . . 4
Miss May Bradford of Tonopah,
$290.00 $770.00 $485.00
$400.00 $1080.00 $610.00
$560.00 $1580.00 $840.00
$1340.00
$1615.00
$2100.00
Deputy Mineral Surveyor Part II. . . . . . . . . . . . . . . . . .5
GPS to the Rescue. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Limitation of Actions for Professional Services. . . . . . 9
Limitation of Actions Revisited. . . . . . . . . . . . . . . . . . 13
$640.00 $1855.00 $990.00 $2790.00
$600.00 $1810.00 $930.00 $2375.00
$580.00
$1740.00 $1000.00 $2442.00
Deadlines for submittals are the middle of January, April, July, and October.
Business cards of the members will be published in each issue unless otherwise requested.
Running an ad does not imply endorsement of that advertiser by NALS, and
the editor reserves the right to not accept ads which may be in poor taste or
objectionable to the policies of NALS.
Send ad requests to:
Terry W. McHenry, P.L.S.
Editor, The Nevada Traverse
14710 Rancheros Drive, Reno, NV 89521
Phone: 775.622.2944 Fax: 775.852.4028
email: [email protected]
2 The Nevada Traverse Vol. 41, No. 3, 2014
Sustaining Members. . . . . . . . . . . . . . . . . . . . . . . . . 14
Professional Listings. . . . . . . . . . . . . . . . . . . . . . 18-19
Nevada Trig Star Report . . . . . . . . . . . . . . . . . . . . . . 21
NSPS Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Advanced Education Report. . . . . . . . . . . . . . . . . . . 25
Great Basin Chapter Report. . . . . . . . . . . . . . . . . . . 26
Lahontan Chapter Report. . . . . . . . . . . . . . . . . . . . . 26
Southern Nevada Chapter Report. . . . . . . . . . . . . . . 27
WFPS Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Meeting Minutes, NALS BOD, 06/18/2014 . . . . . 28-29
Advertiser Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
The Editor’s Corner continued from previous page
2014. I will be finishing out with the last two issues of the year,
hoping to assist a new editor with the transition, in that he or
she can work with me on the final issue of the year, scheduled
to publish December 1, 2014.
The cover photo is of May Bradford on her horse “Buck,” taken
in 1906 at Tonopah, Nevada. The photo is from the Special
Collections, University Libraries, University of Nevada, Las
Vegas.
Miss Bradford, a U.S. Deputy Mineral Surveyor, is the subject
of Part II of Miss May Bradford of Tonopah, by Paul S. Pace,
PLS. The two-part series concludes with Part II in this issue of
The Nevada Traverse.
U
If you have an interest, or know of someone who may, please let
the interest be known to the President, Glen Armstrong, PLS.
Any formal application for the position should be directed to
the President. His email address is gamrstrong@usgeomatics.
com. If you have specific questions regarding the Editor’s duties
and role, you may contact me directly at editornvtraverse@
sbcglobal.net.
About the Cover
Statutes of Limitation
While Nevada’s Statute of Limitations (NRS Chapter 11) has
remained unchanged for a number of years, I have watched an
increasing trend among a number of state surveying societies as
they have successfully pursued amendments to their limitation
of action statutes. These efforts have resulted primarily in two
accomplishments: 1.) Identification of the profession of land
surveying to be specifically recognized within their statute’s
provisions, and 2.) Inclusion of a Statue of Repose to incorporate
the land surveying profession, along with other fields as well.
In 2006 I conducted an investigation into the subject of
limitations of action, and prepared and published my findings
in The Nevada Traverse (Vol. 33, No. 2, 2006). In that report
I called for input and dialogue on the subject, but none was
forthcoming.
Of recent the subject matter has been brought to my attention
once again, this time through the same impetus as in 2006; viz.,
an article on the subject written by Jeffery N. Lucas, PLS, Esq.,
in his regular column entitled Traversing the Law, which
appears in most issues of Point of Beginning (POB) Magazine.
As I read his most recent musings on the subject, it occurred to
me to try once again to generate some Nevada specific dialogue
on the subject. However, this time the approach is somewhat
different in that it entails a new twist.
I have reprinted the subject 2006 report in this issue for
background, and am also asking the reader to study Mr.
Lucas’ most recent article entitled, A Statute of Limitation
on Boundaries (POB Magazine, Vol. 39, No. 10, July 2014),
which is not contained herein. For flow and context, please read
these two in order, and then read my current commentary, also
contained herein. After carefully considering the full content of
these, please give me your input, thoughts or suggestions. And,
no, I haven’t lost my head! Mr. Lucas is asking if this is a time
to be thinking outside of the box. I am asking the same question
of myself, and now of my Nevada colleagues.
NALS
Historic Committee
Search
The Historic Committee is searching for pictures
and narratives on past presidents and prominent
contributive members. The presidents are
known, but a list of contributive members needs
to be developed. This year we hope to collect
an overview of recollections, contributions
and photos for both categories for future use.
Respondents need not worry that two or more
reply; information and photos received will be
compiled by the committee.
Please respond to:
[email protected]
Thank you!
U
The Nevada Traverse Vol. 41, No. 3, 2014 3
The
President’s
Report
by Glen Armstrong, PLS
H
appy Summer Break, as I write this we are in full
summer mode. Typically this means our members
are busy and the organization is not, however the
organization did not get a break this summer, but I hope you
are as busy as you want to be. We have had two significant
events this summer but more on that later. How is your golf
game? The Lahontan Chapter Golf tournament was held the
first of August at the beautiful Silver Oak Golf Club in Carson
City. The Southern Nevada Chapter held their tournament at
Bear’s Best in Las Vegas, which is one of the best courses in
the country. I feel that these events show the comradely of our
members and our profession. In one sense some of us compete
against each other on proposals, but all that gets put aside and
we choose to take part in group activities. That is a professional
attitude if you ask me.
new lobbyist. Ms. Laxalt has been working in that building for
over twenty years. She was one of Bruce’s recommendations
and soared above the others that where interviewed. A future
article should be put together on what Bruce has done for us
and more about Neena. If you have questions regarding the
upcoming legislative session please contact Brett Lane. He is
our man on point.
Now as you may have already read our esteemed editor Terry
McHenry has decided to walk in to the sunset as well. See his
announcement for the details but know that it is with sadness
that we accepted his resignation. During the darkest times of
our organization, when members were leaving as fast as they
could leave the state the Nevada Traverse became one of our
means of holding this organization together. We lost successive
Central Office’s, we had no money and no hopes of raising any,
but Terry got that Traverse out every quarter. Whether it was
printed and mailed to you or sent as email when we could not
afford to print it, the flagship magazine that it has become was
due to Terry’s persistent nature. We knew that we still had an
organization because of Terry’s efforts. Again see his words for
the reasoning but know he is being modest.
Last but not least, I ask you again to please inform yourself
on the Margin’s Tax. The vote is this November. Vote in the
election and pay your dues.
U
WFPS’ twist program was well received again this year. I’m
proud to say that we continue to find funds for this worthwhile
teaching and learning experience. Check out the program
if you are unfamiliar with it. NSPS continues to add State
Societies to its roster. It’s noticeably missing our large neighbor
to the West but I understand they continue to talk. Check up on
NSPS at their website. There is some good information there.
To continue the thread have you seen the revamped web site
for NALS? I know I touched on this before but it truly is better
than before. All the previous Traverses are up and they are
word searchable. The Credit Card payment feature works like
a well oiled machine and we have had rave reviews on it, but
alas it does charge a merchant’s fee. Check it out if you haven’t.
Bruce Arkell has decided to retire. Bruce was the NALS
lobbyist at the Nevada State Legislator for as long as I can
remember. For the last few sessions I have had the pleasure
of working with Bruce and our legislative chair, Brett Lane,
on behalf of our organization. I cannot say enough good things
about Bruce. He knew those halls and our issues like the back
of his hand. He taught me how to talk to those people and
most importantly where to park and get lunch! He proved to
us time and again what we think is simple, truly is not in that
building. Although we do not often propose new legislation we
must remain ever defensive against other proposals (BDRs). It
is a scary process to say the least. With that said, I’m pleased
to announce that we have retained Ms. K. Neena Laxalt as our
Has Your Contact
Information Changed?
Change in your address,
email address, or telephone?
Please contact NALS with
your updated information.
You may log onto the NALS Website at:
www.nvlandsurveyors.org
Go to: Update Contact Info.
Fill in your information and submit.
Help your NALS Board
to keep you current.
Thank you!
Miss May Bradford
of Tonopah Deputy
Mineral Surveyor
Part II (End Notes on Page 20)
by Paul S. Pace, PLS
M
ay Bradford, who upon her arrival in Tonopah, had
neither the time nor the interest in a social life, now
blossomed. With her mother now in the traces, May felt
she could pursue a bit of social life she had denied herself when
she first arrived.
May Bradford atop Buck, Tonopah, 1906,
Special Collections, University Libraries, University of Nevada, Las Vegas
In early 1906, May felt she had enough experience to apply for
an appointment as mineral surveyor. She may have brought her
instrument and equipment to Reno, as there is evidence she took
an examination and passed. In any case, she received a letter
from Nevada Surveyor General Matthew Kyle in Reno dated
November 24, 1906, “…you are hereby appointed as requested.”
May began performing her own patent surveys immediately.
Map of the Tonopah Mining District by Bradford & Bradford, 1905
Nevada Historical Society and DeLaMare Library, University of Nevada, Reno
The firm also hired a draughtsman to work under May’s
supervision, which further eased the work load. She obtained
Buck, a pony given to her as a tip from Herman Reischke, a local
well to do business man turned mining promoter, after doing
a drafting project for him. Reischke promoted the old camp of
Reveille, Nevada, and gave Seymour Bradford a lot of work in
the process. Later Reischke sold his mines to the wealthy steel
magnate Charles Schwab for a young fortune.
May promptly joined the Tonopah Riding Club and spent many
happy hours riding with the daughters of Tasker Oddie, former
Nye County District Attorney and State Senator.21 She became
lifelong friends with future U.S. Senator Key Pittman and his
wife Mimosa. She also became fast friends with Marjorie Bowes,
the niece of Dr. Edward Bowes, secretary to the Little Grey and
Mustang Mining Companies. May had many friends, both male
and female, and a few suitors. She enjoyed a vigorous social life.
Mineral Survey 3202 A & B, by May Bradford
surveyed June 1907, BLM website
In late May of 1906, Special Agent Frank Parke reported to the
Department of the Interior that Seymour Bradford was one of
the locators of the Clay Bank placer claims, situated roughly
12 miles from Tonopah. He went on to state that as locator and
attorney in fact for the other locators, Bradford had conveyed
those claims to the Tonopah Water Company in April of 1903.
Attached to Parke’s report was a statement by Bradford, made
under oath and dated May 11, 1906, explaining his actions.23
Bradford continued to survey and map mining patents while
this investigation was underway. The last of his mineral surveys
were completed in mid July.
In October, Bradford was given sixty days to show cause why
his appointment as a mineral surveyor should not be revoked.
Bradford did in fact reply, stating in effect that most of the
location notices were posted without his knowledge. Further he
Miss May Bradford... continued from previous page
stated that during his tenure in New Mexico, mineral surveyors
were allowed to locate mining claims, and that the sample
field notes provided to him implied that was still the case.
No instructions or circular to the contrary, he continued, was
provided to him. He added that the placer claims were located
for common clay, on non-mineral, desert land so they were null
and void; as such there was no violation of Section 452 of the
Revised Statutes, which prohibits a mineral surveyor from
locating claims. Finally, he concluded with the statement that
his official bond had expired in August of 1906, and that he was
therefore no longer a mineral surveyor, was not an employee of
the General Land Office and subject to Section 452.
Not a great deal is known of May’s time in Europe. She and
Marjorie traveled to Vienna, Budapest and did some river tours.
Marjorie may have returned to the States. May then settled
down in Paris, where she studied with the noted American
Impressionist Richard E. Miller. May returned to Tonopah in
1907, after her pleasant sojourn in Europe, and got right back
to work. In June of 1907, she surveyed the Desert Rose Lode
together with the Desert Rose Mill Site for one of her father’s
longtime clients, George Wingfield. A former cattle drover and
card dealer, Wingfield was a millionaire by the age of 30, made
so by the booms at Tonopah and nearby Goldfield. Key Pittman
notarized her field notes.
Nevada Surveyor General Matthew Kyle, an Irish immigrant
who had done well in his adopted country, reported in December
that the four year life of Bradford’s bond had indeed expired, and
that he had not reapplied for appointment. He added that all
orders for official surveys issued to him had been duly returned.
He recommended that Bradford’s name merely be dropped from
the list of mineral surveyors for the district.
Nevertheless, the Interior Department revoked Bradford’s
appointment as a mineral surveyor on April 22, 1907. Bradford
immediately appealed, sending in his resignation along with
the appeal to Survey General Kyle in Reno dated March 22,
1907. Bradford insisted, in so many words, that he had quit and
therefore could not be fired. His appeal stated he was “…refusing
to consider and accept his resignation as a mineral surveyor, the
same having been tendered in good faith.”24
The government was unmoved. “The resignation referred to was
not before your office for consideration, but was filed with and
accompanied the appeal taken herein. The mere fact that such
resignation has been tendered here will not be permitted to affect
the decision upon the merits of the proceeding.”25 As of August
13, 1907, Seymour Bradford was no longer a mineral surveyor.
1907 was a bad year for the Silver State, as well. Labor troubles
flared between mine owners and Industrial Workers of the World
(I.W.W.) union workers in Goldfield. Governor Sparks convinced
President Roosevelt to send in the Army. The 122nd Infantry
Regiment from San Francisco arrived, with machine guns. Later,
the country-wide Panic of 1907, coming on the heels of the 1906
earthquake, closed banks and hurt the business community
around the state, though the mines in Goldfield and Tonopah
continued to produce.
By the summer of 1906 May and her parents wanted a rest.
The work load had been demanding, with Seymour in particular
often working 7 days a week since 1902. A vacation was in
order for the whole family. May applied for a passport, listing
her occupation as “surveyor” and her permanent residence as
“Tonopah, Nevada”. Marjorie Bowes had tried to persuade May
to go to Paris and spend a year, working on her art studies; she
finally succeeded. May and Marjorie decided to go to Europe
together.
Before they left however, the firm of Bradford & Bradford decided
to enter a float in the annual 4th of July Parade in Tonopah.
Their carriage, festooned with patriotic bunting, paraded down
Main Street with the rest of the merry makers. Within days,
May and Marjorie were en route to New York, to book passage
on an Italian ocean liner bound for Europe. May’s parents left
later in the month.
The Bradford float, 4th of July, 1906, parade in Tonopah, Nevada
May Bradford is in the back seat, holding a level rod.
Special Collections, University Libraries, University of Nevada, Las Vegas
In the summer of 1907 May wrote the California Surveyor
General W. S. Graham seeking an appointment as mineral
surveyor in California. On August 13, 1907 Graham wrote back,
“…in compliance with your application of the 9th instant, and
the recommendation of the Hon. Matthew Kyle of the District of
Nevada dated August 7, 1907, you are hereby appointed a Deputy
Mineral Surveyor for the District of California.”
May resumed her social life in Tonopah, and in the process
met the multi-talented mining engineer, William Shockley. She
was smitten immediately. She cheerfully wrote to her mother,
“I was amazed to find someone in the middle of Nevada who
could talk to me about Italian paintings.” At 52, Shockley was
22 years older than May, but she was unconcerned about the age
difference.
The two dated for a time and then became engaged. They left
Tonopah and traveled to the Bay Area, presumably to introduce
Shockley to Seymour and her mother, then still living in Palo
Alto. On January 20, 1908 they were married in San Francisco.
The Engineering and Mining Journal noted Shockley’s wedding
in it’s January to June volume index. It read, “Wm. H. Shockley,
of Tonopah, Nev, was married Jan. 20, in San Francisco, Cal. To
Miss May Bradford, a young lady having the distinction of being
the only woman holding the appointment as a United States
deputy mineral surveyor.”
While in the Bay Area on an extended honeymoon, she resumed
her painting. In the process she met Effie Anderson Smith, an
aspiring art student who began studying with May. Smith had
grown up in mining camps herself, and was married to a mining
engineer. No doubt the two women had much more in common
that art. Later, Smith moved to CONTINUED ON NEXT PAGE u
Miss May Bradford... continued from previous page
the Southwest and went on to earn honors as one of Arizona’s
pioneer women artists. She always listed May as one of her
earliest and most important mentors. May in the meantime
prepared to return to work in Tonopah.
for London.
The couple had a very active social life in London, making friends
with Britians as well as other Americans living there, including
the mining engineer, and future U.S. president, Herbert Hoover
and his wife. In February, 1910, May and William announced the
birth of their son William Bradford Shockley. All seemed good
at first, but May’s husband was unable to make enough money
in London to sustain the family’s lifestyle. After a difficult few
years in London, the family returned to Palo Alto in 1913. In
1917 Shockley was named Secretary for the San Francisco
Chapter of the A.I.M.E. He wrote numerous papers which saw
print in the institute’s proceedings. He also proposed a method
of “simplified spelling”, standardizing the spelling of selected
words, for the A.I.M.E., which was controversial, and ultimately
unsuccessful.
By 1910, May’s father Seymour was on the road again, this
time in Humboldt County, Nevada. Mining was slowing as the
valuable ores played out, but gross yield for Nevada’s mines
in 1910 still exceeded $31,000,000, or more than $700,000,000
nowadays. How long he worked in Nevada is not known, but his
wife spent the summer of 1911 in London visiting with May and
William Shockley. Seymour likely continued to work in Nevada.
He also remained active with the A.I.M.E.
Bradford’s son in law, William H. Shockley, also had a continuing
presence in mining and also remained active with A.I.M.E.
for the rest of his life. He wrote or co-wrote numerous papers
printed in various professional sources, some very controversial
in nature, including The Mining and Scientific Press, and the
Transactions of the International Engineering Congress, 1915,
where he and a colleague R. E. Cranston, co-wrote a lengthy
paper entitled, The Organization of Mining Companies. World
War I and the Russian Revolution cost Shockley a great number
of Russian bonds that he had held as a sort of retirement fund.
He took a teaching position at Stanford to help defray the
couple’s living expenses.
Field note page from MS No. 3202 by May Bradford, BLM website
The new Mrs. Shockley wrote to Surveyor General Kyle in Reno
advising him of her name change. She asked to have future
orders for surveys sent in her married name. Kyle wrote back in
April of 1908 that he could not comply with her request, as her
bond could not be transferred in her new name, disqualifying
her from more work. However, Kyle ended the letter with grace,
“It gives me great pleasure to wish you a long and happy married
life and to congratulate your husband upon having secured for a
helpmate so capable a woman.”
Nevertheless, May persisted and obtained a new bond, issued
in June of that year with assurances from the Bankers Surety
Company that she could practice surveying for the Land Office,
and purchase a new bond under her married name. But the
Shockleys suddenly changed plans. In the Fall of 1908, May
wrote once again to Matthew Kyle and informed him that, “I
wish to hand in my resignation as a deputy mineral surveyor
for your district as I am leaving Nevada for an indefinite time.
Thank you for your courteous treatment and with best wishes
for the welfare of your office, as well as yourself. I beg to remain,
yours sincerely, May Shockley.” With that, the newlyweds sailed
The Shockley’s young son William was an extremely bright,
though difficult, child. The parents remarked more than once
that they were glad to have only one offspring to deal with.
They home-schooled William until the age of 8, whether to avoid
disciplinary issues at school, or because they felt they could
do a better job. He attended high school at Palo Alto Military
Academy, then Hollywood High School, when the family
relocated there in the 1920’s. He showed an early aptitude for
physics, inspired perhaps by a neighbor in Palo Alto who taught
it at nearby Stanford University.
May once again resumed her painting and began exhibiting her
work. She was known for vivid still life paintings and colorful
landscapes. She showed her work in numerous exhibits around
the west, often in one-woman shows exclusively dedicated to
her paintings. She is still listed in the Artist’s Bluebook, Who
was Who in American Art 1574-1975, and several other art
references.
During the 1920’s Seymour Bradford remained active in mining,
now at the aging gold mines at Johannesburg and Randburg,
California. He temporarily relocated to San Gabriel, California,
but finally settled down once again in Palo Alto in 1930, at the
age of 72. The urge to travel had never left him; he was seen
traveling in Louisiana, in Nicaragua and all along the west
coast of the U.S.
CONTINUED ON PAGE 20 u
GPS To The Rescue
by Carl C. deBaca, PLS
A
s a land surveyor, I typically think of GPS as a tool for
locating boundary points and mapping topography, and
if pressed, I will admit to using a handheld unit to look
for section corners, but as I found out a few years ago, it can be
useful for locating other things as well. Following is story that
is not really related to surveying, other than the obvious link to
navigation, yet it still may be of interest:
Holiday Weekend
My family and I were visiting friends in Hawthorne, Nevada
over a Memorial Day weekend some years ago. Hawthorne sits
on the south end of Walker Lake, one of two remnants of ancient
inland sea known as Lake Lahontan. (Pyramid Lake, North of
Reno is the other remnant.) We had spent most of Sunday at
Walker Lake, at “20 mile Beach”, so-called because it is roughly
twenty miles north of Hawthorne. Some of our friends were
camping next to the beach. Camp trailers, jet-skis and fourwheelers were abundant.
One of our friends, Glen, is a long time member of Mineral
County Search and Rescue, (S&R) a local volunteer organization.
Because of his S&R duties, Glen takes his scanner with him
everywhere, especially on holidays, and this day was no different.
We were barbecuing around 6:00 in the evening when we heard
chatter on the scanner indicating that a hang-glider had crashed
in the mountains around 80 miles south of Hawthorne. By 6:30
requests for assistance from Search and Rescue were coming in
from the sheriff ’s department. Glen rounded up two other S&R
members that were at camp and asked two others and me if
we would like to go along. We quickly loaded Four ATV’s onto
two trailers and headed for the highway. One of the guys had
a brand new handheld GPS unit with him, I forget the brand,
but they weren’t all the same back then, that much I can recall.
Hanglider Down
The emergency dispatcher radioed that the accident was near
the junction of Nevada Highways 360 and 6. The site was said
to be unreachable by truck or quad and the victim’s condition
was thought to be pretty bad. It wasn’t clear how reliable
that information was. As we sped to the scene, Glen regaled
us, (me mostly), with grim stories of prior S&R operations. It
seems that when these involve people falling from the sky, the
operations are usually long on ‘search’ and short on ‘rescue’.
This particular victim’s condition was unknown but at least
he had company on the mountain. Two other glider pilots who
had landed earlier and retrieved their vehicle had found their
way to him and briefly had radio contact with authorities. The
victim had a handheld GPS unit and had relayed his position
to the other glider pilots, who navigated to him on foot via their
GPS unit. They were at 38°03.21’ north latitude and 118°12.52’
west longitude. The quad map shows that position to lie on the
barren slopes of Miller Mountain.
We arrived at the highway junction at 7:50 p.m. It would be dark
soon. On the scene were a deputy sheriff and an ambulance.
The deputy was glassing a high mountain ridge about ten
miles north with his binoculars. He said that the two people
that were with the victim were last seen on top of that ridge.
Radio contact had been lost. The ambulance driver said he had
initially tried to reach the victim on a dirt road but it was too
rough and he had to turn back. The expectation now was for a
Seahawk helicopter with full night operating capability to be
dispatched from Fallon Naval Air Station, approximately 100
miles north. The chopper would be able to fly directly to their
reported coordinates. At 8:10 Fallon reported that a helicopter
had indeed been dispatched but that it was sans night capability
and would be turning back at 2100 hours, (9:00 p.m.) whether
the rescue was complete or not. This plan seemed stillborn and
sure enough, a few moments later Fallon radioed to say the
mission was aborted. The only option available now was if the
Air National Guard at Stead, north of Reno, could send one of
their Blackhawks. That would be a 150 mile trip thus any such
chopper was assured of arriving long after nightfall.
Saddle up
With darkness fast approaching, it was decided that the S&R
unit should try to reach the victim on the quads. They would
take the backboard and cervical collar from the ambulance. If no
helicopter was available, they could perhaps walk out carrying
the victim if his condition warranted it. If the chopper did
come, they could at least have him ready to be transported. The
deputy said the other glider pilots indicated that the last mile or
so would have to be traversed on foot due to the extreme terrain.
I volunteered to ride up with the quads to assist in carrying the
victim should that prove necessary. Five of us took off, following
the dirt road that had turned back the ambulance. Glen decided
that he should stay at the trucks and head up communications
between the Sheriff’s Department, the Air National Guard and
us. The road was in pretty bad shape and as it got steeper, it
got worse. Several miles in, we came around one particular
corner and found a Range Rover with glider racks, parked in
a switchback. That it got this far is a testimonial partly to the
durability of the Rover and mostly to the skill or determination
of the driver. We were still about two miles mostly west of the
victim and well below the ridge where the other glider pilots had
been spotted. It was obvious why the Rover had stopped. The
road above inclined at a slope of about 1.5 to 1 and was strewn
with boulders for at least a couple hundred feet before becoming
more reasonable. Clearly no one had driven a truck up that
road in several years. Negotiating the quads up that stretch
was difficult but only one of them flipped over, (no one was hurt),
and eventually we crossed the ridge. The road headed downhill
to the northwest while the ridge inclined to the northeast. We
chose to follow the ridge, (sorry BLM). By now it was after 9:00
p.m. and fairly dark. We topped the ridge and stopped to check
our GPS position. After some tribulations, ( the GPS unit was
brand new and no one was familiar with it, plus it had taken
a beating when the quad flipped over), we got our position. We
were at 8,000 feet above sea-level, about a mile west and a half
mile north of the victim’s position. We rode the ridge another
quarter of a mile, until we reached the western slope of Miller
Mountain, the end of the line for wheeled travel. It was a little
after 10:00 p.m. and completely dark.
Mind your feet
Carrying flashlights, the backboard, a first aid kit and our GPS
unit, we dropped off the ridge heading a little south of east,
on foot. The terrain was barren and volcanic, alternating low
ridges and deep washes with huge basalt boulders and scattered
pinion pine trees. Visibility for star-gazing the clear mountain
air was tremendous but for picking out a path, it was less than
optimal. About 15 minutes into our walk we spotted a faint
light in the distance and knew we had found our man. We had
apparently dropped into a canyon though we could not visually
Limitation Of
Actions For
Professional
Services
(Reprinted from The Nevada Traverse,
Vol. 33, No. 2, 2006)
INTRODUCTION
In our times of heightened liability awareness, fueled by the
propensity of society to file claims for damages, one tends to
be mindful of both prevention of cause on the one hand, and
potential defenses on the other. This commentary addresses one
aspect of the latter.
Professional services, in particular, have become frequent
targets for damage claims, be they personal injury or economic
loss based. By definition a professional is one whose specialized
education, qualifications and expertise are to be applied in such
a manner as to guard the health and welfare of the public. A
professional act or service is one arising out of a vocation, calling,
occupation or employment involving specialized knowledge
attained from often long and intensive preparation and
instruction in skills and methods, and the scientific, historical
and scholarly principles underlying such skills and methods.
The whole topic of risk management is a far reaching one.
Rolled into this broad spectrum are certain measures created
legislatively, known variously as Statutes of Limitation, or
Limitation of Actions. The legislature of each state has the
power to enact statutes of limitation, subject only to state
constitutional constraints. 1
Conceived on the grounds of equity, virtually every state has
certain statutory provisions designed to address limitation of
actions brought forth by aggrieved parties. Upon close review of
most of these statutes one discovers that in concept their intent
is to afford a balance of equity for both the accused and the
aggrieved. Thus, the concept of equity is present in the verbiage
of the majority of these statutory provisions. That is not to say,
however, that every state’s limitation of actions statute is fully
current, fairly balanced or complete in its scope.
2
A case in point is Nevada. The statutory provision in Nevada
addressing the subject of limitation of actions is Nevada Revised
Statute, Chapter 11 (NRS 11), titled appropriately, Limitation
of Actions. Chapter 11 covers a fairly broad scope of matters,
being sub-titled, in order, as follows:
General Provisions
Real Property
Actions Other Than For the Recovery of Real Property
Actions By or On Behalf of This State
Miscellaneous Limitations
Recommencement of Certain Actions
Conspicuously absent from NRS Chapter 11 is a comprehensive
listing of the professions encompassed by its provisions and,
most notably, that of the professional land surveyor. Mentioned
specifically, under separate sub-sections, are malpractice
actions against three professions: attorneys, veterinarians and
accountants. As well, there is one sub-section, NRS 11.220, with
the leadline of: Action for relief not otherwise provided for.
The implication here is that this is the catch-all which covers all
otherwise unspecified matters. It provides that action for relief
must be commenced within 4 years after the cause of action
shall have accrued.
Certainly, by any reasonable measure of today’s standards,
should not there be stipulated more of the currently recognized
professions than the three noted above? Moreover, given the
diverse nature of these unspecified professions, is it logical
to lump them into one period of time in tolling the statute,
especially since no distinction is made for discovery vs. repose?
CONCEPTS
Let’s review for a moment the terms, legal concepts and
background surrounding limitation of actions.
Terms
Statute of Limitations – a legislatively enacted limit on the time
in which an aggrieved party (i.e., plaintiff) may bring a formal
complaint against another party (i.e., defendant).
Discovery Rule – applies to the time specified in the statute
of limitation, by stating that the period will not run, or begin
to accrue, until discovery of an error, defect or other cause of
alleged damages.
Statute of Repose – an outer time limit, within which a cause
of action must be brought forward, regardless of accrual from
discovery, or otherwise be forever barred from legal recourse.
Legal Concepts and Background
The statute of limitations in legal concept has existed for many
years, and covers a broad spectrum of issues beyond that of
professional services providers. As previously noted, every
state’s statutes contain a certain level of limitation of actions
for cause, some being more encompassing than others. The
Discovery Rule and the Statute of Repose, respectively, are more
recent in concept than the original idea behind limitations.
Through both statutory verbiage and case law interpretation,
the legal rationale behind limiting availability of recourse has
evolved into a balance between a plaintiff’s right to remedy,
and a defendant’s right to finality.3 The intent on the one hand
is to provide a measure of fairness to potential defendants on
the basis that claims arising out of stale or ancient obligations,
where documentary evidence and witness’ memories have faded
or disappeared altogether, are so timeworn as to render any hope
of justice at trial to be all but non-existent.4 Moreover, in the case
of a professional services provider, the defendant may be retired,
or perhaps deceased, with records discarded or dispersed, and
liability insurance policies having long been lapsed.
Limitation of Actions... continued from previous page
On the other hand, the law’s intent is to afford a potential plaintiff
the right to recourse where reasonable prudence and diligence
have been applied in bringing forth a valid claim. Statutes of
limitation reflect the policy that a party generally will choose to
timely pursue a rightful claim, rather than waiting indefinitely
to do so.5
Additionally, statutes of limitation are intended to protect the
courts from having to deal with cases wherein the search for
truth may be seriously impaired by loss of evidence through
death, or disappearance of witnesses, physical evidence or
documents, and the fading of memories.6
A measure appearing in many statutes of limitation to further
refine application of the Discovery Rule is the distinction between
latent and patent deficiencies. A latent defect7 is one which, by
its very nature, is not readily discernible or discoverable, at least
not by the average consumer. Conversely, a patent defect8 is one
which is apparent by reasonable inspection or review. Thus, the
Discovery Rule creates a balance of equity, and is a concept that
first surfaced in the arena of medical malpractice claims.
For the repose (i.e., peace of mind or tranquility) of society
there necessarily must be a mechanism for extinguishing
claims after a definite, finite period, regardless of the tolling
from discovery.9 Although it varies, language within statutes
of limitation typically incorporates a set time from discovery,
plus an outer, limiting period (i.e., the Statute of Repose) which,
when exceeded, forever bars a cause of action regardless of the
period that has accrued.
The Land Surveyor
Looking specifically at the professional land surveyor, and the
services he or she provides, there has surfaced in relatively
recent times a trend in tort (civil wrong) actions that has
operated to diminish what formerly was a defense by virtue
of no direct contractual relationship.10 Needless to say, when
a land surveyor establishes a boundary for a client (who has
specifically contracted for such professional service), that
boundary location affects more than the surveyor’s client. The
premise for this of course is the fact that there is no such entity
as the boundary of one. A land surveyor who errs in a boundary
determination could become liable to a third party stranger,
outside of any contractual relationship or direct duty, owing as
a consequence, but who nevertheless may have relied on the
faulty survey, discovery of which did not occur until many years
after completion of the survey. Every land surveyor knows it is
not unusual for survey errors to lie dormant and undiscovered,
sometimes for years.
In the above scenario, the Discovery Rule affords the third party
opportunity to exercise their rights under the equity provision
of a statute of limitation. Likewise, the Statute of Repose affords
the land surveyor security in knowing there is a finality of time
that, if exceeded, will forever bar an action. Therefore, repose
from otherwise indefinite potential liability is achieved through
recognition that grounds for a determination of negligence are
weakened with an extended passage of time. While a statute
of limitation extinguishes the remedy rather than the right,
thus limiting the time in which a plaintiff may bring suit after a
cause of action accrues, a statute of repose extinguishes both the
remedy and cause of action after a fixed period of time (usually
measured from completion of the work), regardless of when the
cause of action accrued. 11
EXAMPLE VERBIAGE FROM OTHER STATES
Some states have enacted legislation which specifically
acknowledges the land surveyor, or land surveying services,
within their statutes of limitation, while others are void of any
direct mention of the land surveyor or his services (e.g., Nevada).
In the latter circumstance, some states incorporate verbiage
within their statutes of limitation that apparently is intended
to function as a catch-all for matters not specifically addressed
in the body of the statute (e.g., NRS 11.220, the four (4) year
rule, mentioned previously). While that intent may have merit,
it is the opinion of this writer that this approach leaves open to
question the legislature’s real intent as to whom or what cases
the statute applies, particularly in terms of a period of repose,
if any. And this lack of specificity is at best fodder for undue
time, expense and hardships in filing claims, pre-trial discovery
and, potentially, unnecessarily cluttered court calendars, all
without knowing up front whether an action can be carried to
a conclusion without being subject to dismissal for staleness
under statute.
Let’s look at a few states whose statutes of limitation have
addressed the issues, and specifically have incorporated the
land surveyor, or the services provided by this profession.
Oregon
Certain states have incorporated surveying of real property
into their statutes of limitation, thus specifically identifying a
class to which the statute applies. Oregon’s ORS 12.135 (1) is an
example of this type of legislation, as follows:
ORS 12.135. (1) An action against a person, whether
in contract, tort or otherwise, arising from such person
having performed the construction, alteration or repair
of any improvement to real property or the supervision or
inspection thereof, or from such person having furnished
the design, planning, surveying, architectural or
engineering services for such improvement, shall be
commenced within the applicable period of limitation
otherwise established by law … (emphasis added –
please note the limitation that the survey must relate
to as an “improvement”).
Washington
Similar to Oregon, the State of Washington, in RCW 4.16.320,
identifies the classes of
professions and trades involved in making improvements to real
property, as follows:
RCW 4.16.310 Actions or claims arising from construction, alteration or repair,
design, planning, survey, engineering, etc., or other
improvements upon real property … (emphasis added).
Colorado
The State of Colorado’s statutory limitation of actions provides
for a separate sub-section, C.R.S. 13-80-105, for the professional
land surveyor and, adds an unusual stipulation, as follows:
C.R.S. 13-80-105. Limitation of actions against land surveyors. (1)
Notwithstanding any statutory provision to the contrary,
all actions against any land surveyor brought to recover
damages resulting from any alleged negligent or
defective survey shall be brought within the
time provided in section 13-80-101 after the person
bringing the action either discovered or in the exercise of
reasonable diligence and concern should have discovered
the negligence or defect which gave rise to such
action, and not thereafter, but in no case shall such an
action be brought more than ten years after the
completion of the survey upon which such action is
based. (2) For purposes of this section, “land survey” or
“improvement survey” means any survey conducted by or
under the direction and control of a land surveyor
licensed pursuant to the provision of part 2 of article 25
of title 12, C.R.S., and includes but is not limited to
professional land surveying, as defined in section
12-25-202(6), C.R.S. …
(3)(a) The limitations set forth in subsections (1)
and (2) of this section shall not apply to any survey
unless the documentary evidence of such land
survey contains, clearly depicted thereon, the
following statement:
“NOTICE: According to Colorado law you must
commence any legal action based upon any defect
in this survey within three years after you first
discover such defect. In no event may any action
based upon any defect in this survey be commenced
more than ten years from the date of the
certification shown hereon.” (emphasis added).
DISCUSSION
To be effective in its application, four elements must be present
in a properly structured limitation of actions statute, as follows:
1. Statute of limitation time period(s), designating given
acts or causes covered.
2. Specification as to when the time period accrues, or
begins to run, and when it is tolled (Discovery).
3. Specification as to any outer limit of time, after which a
complete bar to recourse applies (Repose).
4. Specificity as to whom, or what classes, the statute
applies.
While this writer, in the course of researching for this
commentary, has reviewed a number of state’s statutes, it by
no means represents an exhaustive investigation. Statutes for
many of the western states have been consulted for trends in
language, and as well for specific cases wherein the land surveyor
has been named as a defendant, pleading in whole or in part the
statutory period of limitation as a defense. Other, non-surveyor
involved cases have also been reviewed. Space does not allow
summary of case law for each case reviewed in preparation for
this commentary. Much of the body of case law surrounding the
topic of limitation of actions does not include the land surveyor,
for as mentioned previously the topic is far reaching in its scope
and application.
However, one Nevada case in particular warrants brief comment,
due to its nature and the claim in part by the defendant
surveyor for relief under Nevada’s so-called “catch-all” statue of
limitation, being NRS 11.220, mentioned previously. The case
is well known and often unofficially referred to as “Stoddard
Jacobson.” It is cited as Hanneman v. Downer, 110 Nev. 167,
871 P.2d 279 (1994). The parties were Hanneman (appellant)
v. Downer, Swenson, and Jacobson (respondents). Because the
case involved a number of issues there were cross-appellants
and cross-respondents among the parties named. The case was
actually reported upon in The Nevada Traverse under a Case
Law Summary in Vol. 22, No. 1, 1995. And, defendant Downer
(the surveyor) was afforded opportunity for rebuttal in the pages
of The Nevada Traverse through a letter to the editor, which
appeared in Vol. 22, No. 2, 1995.
Focusing only on the points of the case germane to the subject
matter of this commentary, defendant Downer was found by
the trial court to be negligent in the performance of his survey,
and in preparing an inaccurate description of the real property.
The disputed survey was over the issue of accepting calls
and distances over monuments recovered and identified. The
Nevada Supreme Court affirmed the lower court’s finding that
surveyor Downer failed to meet the requisite standard of care,
noting that the Court had previously recognized that location
of monuments prevails over calls and distances. Because
of multiple parties involved, defendant Downer contended
he owed no duty to subsequent third party purchasers. The
Court promptly countered this argument, noting that lack of
contractual privity between parties is not a defense in an action
for tortious negligence. And finally, the defendant attempted
to invoke the statute of limitations as a bar to plaintiff’s claim
against him. It is in this latter defense that the Court’s opinion
becomes informative for our subject matter.
Although Downer incorrectly cited NRS 11.203, 11.204, and
11.205, which the Court noted were misplaced due to their
applicability to construction that eventuates in damages for
injury or wrongful death, it went on to specifically clarify NRS
11.220, the “catch-all” statute.
“Our legislature has not enacted a specific
period of limitations for surveyors, and therefore the
‘catch-all’ statute, NRS 11.220, applies.”
The complaint against Downer was filed well within
the four-year period of limitations specified under NRS
11.220. Therefore, Downer’s attempt to avoid liability
based on the expiration of the period of limitations
in NRS 11.204 – 11.205 was adjudged meritless. In
a footnote to the opinion the Court expounded on its
previous decision in Woods v. Label Investment Corp.,
107 Nev. 419, 812 P.2d 1293 (1991):
“… the parties were involved in a boundary problem
that resulted in an encroachment on an adjacent lot.
Although a surveyor was not sued, in the course of the
decision we stated that ‘NRS 11.190 provides for a sixyear limitation period for contract actions and a twoyear limitation on tort actions.’ The reference to a twoyear period of limitation for tort actions was overboard,
as 11.190(4)(d) (the two-year provision) applies only to
personal injury and wrongful death actions. NRS
11.190(3)(d) provides a three-year period of limitation
for fraud which, of course, is a tort. Moreover, we have
expressly held that NRS 11.220 (the so-called “catchall” statute) is the applicable statute for suits concerning
tortious damage to real property.’ Oak Grove Inv. V. Bell
& Gossett Co., 99 Nev. 616, 621, 668 P.2d 1075, 1078
(1983). To the extent that our statement in Woods may
be construed to apply to tort actions other than
for personal injury or wrongful death, it is hereby
disapproved. Tort actions, such as the instant action,
that are not expressly addressed by a specific statute
of limitations are subject to the four-year period of
limitations provided under NRS 11.220, the catch-all
statute.
From the foregoing case summary of Hanneman, there are
several informative points to be drawn:
a. First, the Court reaffirms that lack of contractual
privity is not a defense available to the land surveyor.
b. The land surveyor, for purposes of limitation of actions
in Nevada, falls under the “catch-all” statute, NRS
11.220, wherein the four-year period of limitations
applies, which begins to run when a plaintiff knew
or should have known by the exercise of reasonable
diligence that a cause of action existed12.
c. Missing specifically from the Hanneman opinion is any
reference to a period of repose for the land surveyor. Of
course, the particulars of this case do not directly lend
themselves to that question and, as previously noted,
the applicable statute (NRS 11.220) does not address a
period of repose either.
CONCLUSION
Summary
We see from the above that limitation of actions statutes vary
from state to state, particularly in terms of whether the land
surveyor is addressed directly or falls under a catch-all provision,
and thus whether there is a specific period of repose. The four
point listing of necessary elements for an effective statute have
been gleaned from my review of numerous statutes, representing
what I believe to be a desirable composite for effective and
efficient application. Of the states reviewed, Colorado seems to
most closely satisfy this four point criteria.
Hopefully, the discussion of this commentary has provided an
informative status for Nevada’s land surveyors on the topic of
legislative defenses which may be available.
The conclusion I draw from my research is that NRS 11.220
provides a four-year period of accrual from discovery for the
Nevada land surveyor, with no mention as to any period of
repose. Most states’ statutes I reviewed contained a duality of
discovery and repose periods, thereby circumscribing the “long
tail” exposure to liability that results from application of the
discovery rule alone.
The Question
The question that begs an answer is whether Nevada’s
professional land survey practitioners are comfortable with the
current provisions contained in NRS 11.220.
I am aware of a national trend towards incorporating repose
periods into statutes of limitation, but have not researched
nation-wide the status of this pertaining specifically to land
surveyors. Your considered feedback is solicited.
© All Rights Reserved, 2006.
The author may be reached at [email protected]
REFERENCES
American Jurisprudence Second, Vol. 51 (2000), Lawyers
Cooperative, West Pub.
Rozny v. Marnell, 43 Ill. 2d 54, 250 N.E. 2d 656 (1969).
Victor O. Schinnerer Management Services, Inc., Two Wisconsin
Cir., Chevy Chase, MD 20815-7003
Statutes of Repose for the Design Professions, Special Supp. No. 1, Rev. No. 8
Statutes of Limitation and Repose, Vol. XX, No. 3
Legal Highlights, Vol. XXII, No. 3
The American Surveyor, Vol. 1, No. 4, July/August 2004, Page 59
Statutes of Limitations and Repose, by James J. Demma,
LS, Esq.
POB (Point of Beginning), March 2006, Page 44, Traversing the
Law
Limitations on the Boundary Surveyor’s Liability, by Jeffery N. Lucas, PLS, Esq.
State Statutes Reviewed: Arizona: AS 12-552; California: Cal. Civ. Proc. Code, Sec. 337; Colorado: C.R.S., Sec. 13-80-
101 – 105; Idaho: I.C. Sec. 5-241; New Mexico: N.M. Stat.
Ann., Sec. 23-1-26; Nevada: N.R.S. Cha. 11; Oregon:
O.R.S., Sec. 12.135; Utah: U.C., Sec. 78-12-25.5;
Washington: RCW 4.16.300.
Editor’s Note: Verbiage from other state’s statutes of limitation
and repose cited herein has not been updated since this reprint
was first published in 2006. Changes in certain of these statutes
may have occurred since my research for this 2006 commentary.
However, the thrust of the commentary is still valid, particularly
in terms of the fact that Nevada’s statute has not changed.
END NOTES
Admire Bank & Trust v. City of Emporia, 250 Kan. 688, 829 P. 2d 578
(1992). Norgart v. Upjohn Co., 21 Cal. 4th 383, 87 Cal. Rptr. 2d 453, 981
P. 2d 79 (1999).
2
See, e.g., Montells v. Haynes, 133 N.J. 282, 627 A.2d 654 (1993).
3
187 Ill. 2d 593, 244 Ill. Dec. 191, 724 N.E. 2d 1275 (2000).
4
Kessimakis v. Kessimakis, 1999 UT App 130, 977 P.2d 1226 (Utah Ct.
App. 1999).
5
Ibid.
6
Norgart v. Upjohn Co., 21 Cal.4th 383, 87 Cal. Rptr. 2d 453, 981 P. 2d
79 (1999).
7
See NRS 11.204, 4.
8
See NRS 11.205, 4.
Kashmir Corp. v. Barnes 278 Or. 433, 564 P.2d 693 (1977).
9
Garcia on behalf of Garcia v. La Farge, 119 N.M. 532, 893 P.2d 428
(1995).
10
Hanneman v. Downer, et al., 110 Nev. 167, 871 P.2d 279 (1994).
11
Robinson v. Shah, 23 Kan. App. 2d 812, 936 P.2d 784 (1997).
12
Oak Grove Investors v. Bell & Gossett Co., 99 Nev. 616, 621, 668 P.2d
1075, 1078 (1983).
Tahoe Village Homeowners Assn. v. Douglas County, 106 Nev. 660, 799
P.2d 556 (1990).
1
U
Limitation of Actions
Revisited
Introduction
Before reading this commentary there is some background
required to understand not only the subject matter itself, but
also the impetus for this writing.
Under a similar title, Limitation of Actions For Professional
Services, this author wrote and published in The Nevada
Traverse, Vol. 33, No. 2, 2006, a piece discussing Nevada’s
Statute of Limitations, found in NRS Chapter 11. Specifically,
the thrust of that commentary was to report on the content of
this Nevada Statute, and to point out its minimal specificity in
several areas, including the absence of a clause of repose, and
no mention of the profession of land surveying, along with a
number of the other professions.
This 2006 commentary was prompted by an article which
appeared in Point of Beginning (POB) Magazine, March 2006,
at Page 44, under the column title of Traversing the Law, and
written by Jeffery N. Lucas, PLS, Esq. It addressed much the
same subject matter, and of course was directed towards the
practice of land surveying. Ironically, my present commentary
also has been prompted by a follow up column in POB Magazine,
Vol. 39, No. 10, July 2014, of the same subject matter, and again
by the same author, Jeffery N. Lucas. At the time of this present
writing, the most recent issue of POB Magazine ran, under
the column Traversing the Law, A Statute of Limitation on
Boundaries.
Here, Mr. Lucas takes the reader outside of the proverbial box of
thinking in terms of how the subject of land boundary surveying
has been taught for well over a century. This author again
responds, not only to Mr. Lucas’ current article, but as a follow
up to the 2006 report on NRS Chapter 11, which incidentally,
contained a call for dialogue from Nevada land surveyors, but
none was received.
The reader is at this point encouraged to re-read the 2006 piece
entitled Limitation of Actions For Professional Services
(reprinted herein), along with the most current POB article (not
reprinted herein); the latter operating under the assumption
that most land surveyors are recipients of POB Magazine.
Background
At the time of writing Limitation of Actions For Professional
Services this writer was aware of, and had been watching for
several years previous, other state land surveying societies
championing legislation to bolster their statutes of limitation,
and in a number of instances to also include verbiage for
establishing a statue of repose. In the interim, progress towards
specifically addressing the profession of land surveying in state
statutes of limitation, and in many cases having introduced
language of repose specifically for land boundary surveying,
have both steadily increased across the country. Admittedly, I do
not have specific numbers that reflect these increases. Nevada
statutes, however, have seen no such statutory changes in this
regard.
As Mr. Lucas points out in his most recent column, court-made
(i.e., case law) boundary location precedent incorporates certain
limitation periods; for example, oral agreement, boundary by
acquiescence, practical location, and estoppel, to name some.
Moreover, the age-old principles of land boundary surveying
law have enthroned the idea that the professional land surveyor
is to retrace and determine where ancient boundaries were
established, whether correctly or not, and to re-establish and
perpetuate that location in the interest of stability and longevity
of peaceable acceptance. In all of this there of course enters the
two issues of title and location, the former not falling within
the realm of the boundary surveyor, and the latter being the
principal duty of the land boundary surveyor to opine upon.
There still surfaces to this very day instances where a land
surveyor will discover a long-missing monument, confirmed to
be of original condition and position, one having been hidden
for decades or perhaps a century or longer. Unfortunately, land
surveyors of the past did not always pursue diligence in recovery
of missing original monnumentation. Instead, shortcuts were
too frequently taken or evidence searches limited, with default
to mathematical solutions to conclude positions and set new
monuments. These new positions often did not reflect original
monumented positons, but nevertheless became the accepted
source of control, and soon were acquiesced in. Here the classic
dilemma raises its ugly head, and the mettle of today’s land
surveyor is called to task. Does the practitioner resolve the
matter by defaulting to the originally monumented but recently
recovered position, thus likely upsetting the whole area or
region? Or, does the better of judgment dictate discretion for the
sake of maintaining peaceable stability in the neighborhood?
And, what are the criteria in terms of time and other evidentiary
matters that are to be evaluated in making that decision?
This then is the substance of Mr. Lucas’ most recent column,
which offers an “outside-of-the-box” approach for consideration.
Granted, it challenges two major, long-established paradigms of
boundary resolution methodologies – following in the footsteps
of the original surveyor, and case law precedent built thereon –
as guidelines drilled into most every land survey practitioner of
today.
Practical Implications
The idea behind a statute of limitations fulfills two very
practical matters of public interactions and policy. The concept
of a statute of repose simply further enhances these objectives.
Just what are these objectives, and how do they benefit public
policy for the good of society?
The legal rationale behind limiting availability of recourse for an
aggrieved party has evolved into a balance between a plaintiff’s
potential right of remedy, a defendant’s right to finality, and the
court’s ability to seek the truth, having been seriously impaired
due to loss of evidence, witnesses or documentation, plus fading
memories, all over extended time periods.
The intent is to afford a plaintiff having a valid claim of damage
the right to recourse where reasonable prudence and diligence
have prevailed in bringing forth a claim in earnest. It is a given
principle that an aggrieved party will most usually choose to
timely pursue a rightful claim, rather than waiting indefinitely
to act. Of course the existence of a rightful claim must be
accompanied by an awareness thereof. This is where the issue
of latent vs. patent deficiencies enters in, and what essentially
drives the concept of discovery which, in turn, drives the tolling
of a statute of limitation period.
In parallel, the intent is also to afford to a potential defendant
a right of finality, wherein claims arising out of stale or ancient
obligations, where documentary evidence and witness memories
have faded or disappeared, or are so timeworn as to render
any hope of justice at trial to be minimal or non-existent. In
the case of professional services providers, a defendant may
be retired, or perhaps deceased,
Sustaining Members
Following is a listing of sustaining members of the Nevada Association of Land Surveyors. Please remember that these
firms and businesses, through their NALS membership, are supporting the aims and objectives of our association.
Bruce L. Gandelman
California Surveying & Drafting Supply
Spencer B. Gross, Inc.
Andy Daniels, President
4733 Auburn Blvd.
Sacramento, CA 95841
(916) 344-0232
1010 Caughlin Crossing, Suite #3
Reno, NV 89519
www.sbgreno.com • (775) 826-4240


H&S Survey & Laser
Seco Manufacturing Company, Inc.
AeroTech Mapping
2580 Montessouri St., #104
Las Vegas, NV 89117
(702) 228-6277 • Fax (702) 228-6753

4445 S. Valley View Blvd. No. 2
Las Vegas, NV 89103
(800) 432-8380

North American Mapping
4155 Oasis Road
Redding, CA 96003
(530) 225-8155 • Fax (530) 225-8162

5115 S. Valley View Blvd., Las Vegas, NV 89118
(702) 220-6505 • Toll Free: (800) 821-0672
1140 Financial Blvd. #400, Reno, NV 89502
(775) 359-6671


Kenney Aerial Mapping Inc.
Joseph M. Bartorelli, CP, GISP
Vertical Mapping Resources, Inc.

Dave Hamlin
Nevada Department of Transportation
1263 S. Stewart Street
Carson City, NV 89712
(775) 888-7256

Surv-Kap, Inc.
P.O. Box 27367
Tucson, AZ 85726
(800) 445-5320

P.O. Box 33434
Las Vegas, NV 89133-3434
(702) 233-3451
[email protected]
www.ArtisanGroupUSA.com
Monsen Engineering, Inc.
4011 W. Cheyenne Ave., Ste. B, No. Las Vegas, NV 89032
(702) 646-1732
2175 Green Vista Dr., Suite 207, Sparks, NV 89431
(775) 673-6000 • Toll Free: (800) 473-0627
3470 E. Russell Rd., Suite 208
Las Vegas, NV 89120
(702) 260-3033
Timothy Wolf
Artisan Group of Companies
Las Vegas° Pioche’ McGill”
885 Tahoe Boulevard
Incline Village, NV 89451
(775) 737-4343
www.verticalmapping.com

Mitchel E. Bartorelli
Tri-State Photogrammetry
1925 E. Prater Way
Sparks, NV 89434
(775) 358-9491

Ben Mallen
Trimble Navigation Limited
10355 Westmoor Drive
Westminster, CO 80021
(720) 587-4576

Berntsen International, Inc.
P.O. Box 8670
Madison, WI 53708
Toll Free: (800) 356-7388
[email protected]


Brad Riley
Nevada Transit & Laser
745 E. Greg St., #2
Sparks, NV 89431
(775) 356-6060
[email protected]

Mike Riley
Nevada Transit & Laser
5720 S. Arville, #110
Las Vegas, NV 89118
(702) 253-1789
[email protected]

Michael Lujan
Geomatics, LLC
M2
3470 E. Russell Rd., #208
Las Vegas, NV 89120
(702) 589-5803
[email protected]
www.m2geomatics.com

SURVEY
MARKING PRODUCTS
•
•
•
•
•
Survey MarkerS & MonuMentS
ConCrete MarkerS & Drill BitS
Survey nailS & WaSherS
refleCtive targetS & PriSMS
flagging & WitneSS PoStS
@
REQUEST A CATALOG
877.686.8561
FIND US ONLINE
www.berntsen.com
Marking the infraStruCture of the WorlD™ | WWW.BerntSen.CoM
6/5/2014
Home
E Store
Upcoming Events
Nevada Traverse
Membership
NALS History
Update Contact Info
Scholarship
State Board Contacts
Great Basin Chapter
Lahontan Chapter
The Nevada Association of Land Surveyors (NALS)
Call us: 775.624.6257
The Nevada Association of Land Surveyors (NALS) was incorporated and
chartered on November 2, 1973. As an Association of Professional Land
Surveyors, our purpose is to promote the common good and welfare of our
members in their activities in the profession of Land Surveying; to promote and
maintain the highest possible standards of professional ethics and practice; to
promote professional uniformity and to promote public awareness and trust in
Professional Land Surveyors and their work.
Today, NALS membership is 200 strong and is comprised of Professional Land
Surveyors, Land Surveying Interns, Associate Members, Corresponding
Members, Sustaining Members and Student Members. There are 3 active
chapters within the State of Nevada: The Great Basin Chapter in Elko, the
Lahontan Chapter in the Reno/Sparks/Carson City area and the Southern
Nevada Chapter in the Las Vegas/Henderson area.
Many thanks are herein extended to the following financial supporters
of The Nevada Traverse:
Southern Chapter
Past Events
Bulletin Board
Conference 2015
WestFed Delegates
NSPS
Trig-Star
LS Career Video
Nevada Board of LS
Webmail
Chapter Login
http://www.nvlandsurveyors.org/index.html
1/1
Professional Listings
Your Name Here
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Contact Editor for
Business Card
Placements
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Professional Listings
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Contact Editor
Your Name Here
Your Name Here
Your Name Here
Your Name Here
Contact Editor
Contact Editor
Contact Editor
Contact Editor
(continued)
Miss May Bradford... continued from page 7
Matthew Kyle, the indomitable Surveyor General for the State
of Nevada, saw his office through this state’s enormous mining
booms of the early 20th Century. He held the office from 1898
until 1914, when he resigned. He died in 1919 and is buried in
Reno, Nevada.
of his fall, but her husband did not. William, so much older than
she, died in Los Angeles in 1925. May later returned to Santa
Clara County and lived on until 1977, when this fascinating
woman’s life story came to an end. She was 97.
William Bradford Shockley entered college at UCLA, but
transferred to the California Institute of Technology after a year.
He earned a bachelor’s degree in physics from Cal Tech in 1932
and was awarded his Ph.D. in physics from M.I.T. in 1936. After
graduate school, he went to work for Bell Laboratories. There he
was assigned the development of a new type of vacuum tube. At
the same time, Bell engineers began to think about alternatives
to the delicate and short-lived tubes. The now Dr. Shockley
began experimenting with semiconducting materials that might
replace it.
(Endnotes)
21Oddie would later become Nevada’s 12th governor, 1911-1915
22My thanks go to the personnel in the BLM’s Public Room in Reno for assisting me in locating some of May Bradford’s mineral surveys.
23Senate Reports, 60th Congress, 1st Session, December 1907-May 1908, Vol. 1
24Ibid.
25Ibid. See Seymour K. Bradford, 36 L.D. 61
26Broken Genius, The Rise and Fall of William Shockley, Joel Shurkin, 2003
27 Ibid.
By 1948, he and two colleagues had developed the first successful
transistor. In 1956 Dr. William Bradford Shockley and colleagues
Dr. Bardeen and Dr. Brattain were jointly awarded the Nobel
Prize in Physics for their part in this ground breaking work. He
earned numerous other honors and awards from academies and
universities across the country. Later he founded the Shockley
Transistor Corporation, trying to cash in commercially on the
device that changed electronics forever. He was granted over 90
patents and went on to teach physics at Stanford for years.
1. New Client? Do your homework before you contract with a
new client. Is there a history that would indicate undue risks?
Despite his massive intellect, or perhaps because of it, he
remained a difficult personality all his life. Still, it has been
said that Shockley “put the silicon in Silicon Valley”, now the
epicenter of the worldwide semiconductor industry. It ranks him
as one of the most important scientists of the 20th Century.27
May Shockley lived to see her son’s spectacular ascent, and much
Professional Services
Claims Prevention
Prevention of costly claims begins up front. One way to monitor
for potential claims is to know the signs of a claim, up front, and
then take preventative action. For example:
2. Difficulties in negotiating a contract for services? This is a
potential red flag for down the road.
3. Are you replacing another professional, either on an
unfinished project or another phase? This is the time to ask
pointed questions. If the potential client is uncooperative, or
blocks contact with the previous professional, this is a red flag.
4. Requests for information during construction unusually
high? Or, not related to your contractual area of responsibility?
This potentially may be a sign of a claim for extras or delays.
5. Project over budget? Payment of your invoices delayed?
This is a potential warning sign. Immediate discussion with the
client/owner is called for.
6. Client communication flow curtailed? Telephone calls not
returned? Curt or subdued correspondence received from client?
These are signs of a potential claim.
Claims Prevention Means Communication,
Communication, Communication!
U
But in the 1960’s he became an outspoken proponent of the
pseudo-science of racial eugenics, ascribing intelligence, among
other things, to racial characteristics. While he was not alone
in those beliefs, he was a figure of national standing. It made
him an embarrassment and a pariah, both socially and within
the scientific community. His family and friends recoiled from
him as he squandered his good name preaching racial views
deemed comparable to those of the Nazis. Called a “Hitlerite” by
a reporter from the Atlanta Constitution, Shockley filed a libel
suit and won. For his trouble, he was awarded $1 in damages. By
the time he died in 1989, he was estranged from his family and
friends. It was reported that his children learned of his death
from the newspapers. Despite all that, his second wife Emmy
remained by his side to the end.
U
During World War II Shockley’s research, as with most physicists,
was put on hold. He was named chief of the U.S. Navy’s AntiSubmarine Warfare Operations Research Group at Columbia
University. His team used probability theory, statistical analysis
and scientific method to press the Navy’s war on German
U-boats in the North Atlantic. Later he implemented training
in short wave-length, high altitude radar bombing systems on
B-29’s to improve bombing efficiencies against the Japanese
homeland. The programs were highly successful and Shockley
was awarded the National Medal of Merit, the highest civilian
honor bestowed by the government, for his wartime efforts.26
Shockley was elected a member of the National Academy of
Sciences and in 1945 he was made Bell Laboratory’s research
director for solid-state physics. He resumed his peace-time
research.
Nevada Trig Star
Report
by Jerry Juarez, PLS
There were a total of five (5) schools that participated in the TrigStar program this year. Four (4) from the Southern Chapter and
two (2) from the Lahontan Chapter. Approximately 300 students
are now aware of what Land Surveyors do and the opportunities
it provides. Below are the local and state trig-star winners.
Arbor View High School
■ Christopher Withey - 76%
■ Skye Pratt-71%
■ Shayla Jenkins - 70%
■
Coral Academy of Science
■ Taimur Khalid - 77%
■ Arbab Khalid - 76%
■ Chrisitan Piscos - 71 %
■
East Career and Technical Academy
■ Leslie Reyes-Mora - 70%
■ Brian Tayag - 46%
■ Eduardo Cabral - 45%
Below are some photos from this year’s presentations and
awards ceremony from Bishop Manogue.
Jason Caster giving a great presentation on the Land Surveying
profession! He did an outstanding job in front of about 80
students
Southern Chapter
■
the national exam and just last week was at NSPS
Headquarters in Fredrick, MD to grade the national
exams. After a very fast local finish with a 100%, it
wasn’t surprising to see him finish at around 26 minutes
on the national exam. I traveled back east with high
hopes but David made a slight error on the first part
of the last question and it perpetuated throughout the
problem. Hmmm... none of us have ever done that! We’ll
get ‘em next year!
Southern Chapter Winners
■
E.W.
Clark
High
top scores for Southern NV
•Michael Mooney - 94% (tied for 1st)
•Vivian On - 94% (tied for 1st)
• John Vincent Parin - 88%
• Sean Dycaico - 83%
School
-
Lahontan Chapter
■
Bishop Manogue High School
■ David Yang-100%
■ Chris McBride - 94%
■ Daniel Gray - 82%
■
McQueen High School - Results were not given
Nevada Trig-Star winner David Yang and the best trig teacher in
Nevada, Ann Wieland!!! She was awarded a Meritorious Service
Award for being the first teacher involved with Trig-Star 10 years
ago! She loves using Trig-Star to further her trigonometry curriculum
and to be able to tell students “see...land surveyors use trig
everyday.
NEVADA TRIG-STAR WINNERS
1st Place - Bishop Manogue High School Lahontan Chapter
- David Yang - 100%
2nd Place - Bishop Manogue High School Lahontan Chapter
■ Chris McBride - 94%
3rd place _ E.W. Clark High School - Southern
Chapter
■ Michael Mooney - 94%
■ Vivian On - 94%
U
NSPS Trig-Star National Contest - David Yang sat for
Monsen Engineering
Monsen Engineering of Salt Lake City is the leading supplier
hand drafting tools, drafting room furniture and blueprinting
of measurement products and solutions to the design and
machines, as well as survey levels and transits. In the 1980’s,
building
industries
Computer
in
Wyoming,
Drafting (CAD) replaced
Idaho,
Utah
and
Nevada.
hand
Aided
drafting
tools
The third generation,
causing
family-owned company
engineering
is
be
to change. Richard and
celebrating their 40th
Paul branched out into
year in business. The
large format scanners,
moral
plotters
excited
to
compass
and
drafting
and
practices
and
Xerox
business policies set by
engineering copier sales.
the company’s founder,
Monsen
Roger
opened the first large
P.
Monsen,
Engineering
Sr., created a strong
format
foundation for Monsen
r e p r o d u c t i o n
Engineering
department
to
grow
from.
xerographic
in
Utah,
managed by Roger P.
Monsen, Jr.
At the age of fifty-seven,
Roger found himself out
Monsen Family left to right: Ali, James, Richard, Emily, Mikel, Paul, David, Jason and
Roger Paul Monsen, Jr.
Photographer: Trish Empey
of work after spending
In
1992,
Engineering
Monsen
was
the
first to adopt the newest
more than twenty-five years with the Pembroke Company.
technology for the land surveying industry. Global Positioning
This 100 year old, family-owned company was sold and Roger’s
Systems
(GPS)
eventually
replaced
traditional
survey
philosophy no longer fit into the new
instruments and is the standard for
owner’s corporate culture. Roger was
today’s land surveyor.
determined to remain in the industry
and established Monsen Engineering
In 1998, Clark County, Nevada became
in 1974 with the support of his brother,
the fastest growing county in the
Kent Monsen.
United States. “The strategic addition
of stores in Nevada was important to
Roger was joined by three of his loyal
our growth.” Richard says.
previous
employees
who
“During
followed
a Las Vegas building boom in 1998,
him to Monsen Engineering. A key
we partnered with Mike Grill, who
original employee was his nephew,
helped us gain a strong foothold in the
Paul Monsen who performed the
Las Vegas market. He manages and
accounting and financing functions.
operates our Las Vegas store to this
Paul went on to become the company’s
day.”
CFO and a partner in the business.
Richard Monsen, Roger’s youngest
In 2003, Monsen Engineering had an
son, assumed a sales position with the
opportunity to acquire a twenty year
company and eventually became its
old family-owned company in Reno,
president.
Nevada. Marty Crook a well-known
In the 1970’s, Monsen Engineering sold
Founder: Roger Paul Monsen, Sr.
supplier to the local survey industry
and a former competitor became a
Monsen Engineering... continued from previous page
Monsen Engineering, 960 South Main Street, Salt Lake City, Utah
Monsen Engineering, 1140 Financial Blvd., #400 Reno, Nevada
Photographer: Trish Empey
valuable part of the Monsen Engineering team. He continues to
manage Monsen Engineering’s Reno store and oversees repair
services and equipment sales in Northern Nevada.
Monsen Engineering’s talented employees have been another
vital component to its success. Many employees have been
with the company for a decade or more. “We pride ourselves
in growing talent from within and molding them into great
contributors of our development and success,” Richard said.
“For the last thirteen years, the third generation of the Monsen
family has been built into its core.”
Based on Monsen Engineering’s reputation within the industry,
manufacturers continue to present them with new opportunities
and ground breaking technologies. The company recently
added a completely new department dedicated to the newest
industrial measurement technology, 3D scanning and printing.
Monsen Engineering, 5115 Valley View Blvd., Las Vegas, Nevada
Opportunities to expand into new markets and geographic
locations also continue to present themselves.
After 40 years in business, Monsen Engineering’s products have
changed, but their clients within the design and building industry
Monsen Engineering prides itself in being a valued community
have remained the same. ”We have been blessed with many
partner. The Nevada Association of Land Surveyors has presented
years when the economy and growth within the architectural,
multiple “Member of the Year” awards to Monsen Engineering
engineering, land surveying, mining and construction industries
for its supportive role through consistent involvement with
were very strong.” Also unchanged is what Richard says was
NALS, its programs and objectives. In addition, the company
Roger’s business plan when he started the company, “Do the
offers the Roger P. Monsen Memorial Scholarship to students
right thing, take care of the customers, and the profit will follow.”
in both Utah and Nevada, in an effort to promote the land
That simple plan is still in effect at Monsen Engineering.
U
surveying profession among the region’s college students.
GPS to the Rescue... continued from page 8
verify it with any certainty. We yelled out toward the light but
the wind kept us from hearing any reply. We kept heading in the
direction of the light and could make it out every once in a while
but it didn’t seem to be getting any nearer. At one point it looked
like there were two lights, an upper, brighter light and a lower,
dimmer light. Walking was difficult and we were starting to
stretch out pretty far in our single file line. Rocks and branches
were taking their toll on my legs.
Discovery
One at a time we stepped through the pinions into a clearing
where a small campfire blazed. Chad, one of the two glider
pilots who hiked in initially, stood there with a radio. He was
manning a signal fire at the edge of a relatively flat alluvial
plain where it seemed a helicopter could land. The victim was a
couple hundred feet up the side of a steep hill to the southeast.
We could see a dim flashlight beam above us. Onward and
upward we went.
We found the victim, a fellow named Eric, lying with his feet
pointed down-hill under the boughs of a pine. He had wrapped
himself up in his yellow para-glider. Foot and ankle injuries,
possible compression fractures in his lower back and a small
cut on his forehead seemed to be the extent of his injuries. He
was in moderate pain, though able to carry on conversation. It
was 11:00 p.m., very dark and starting to cool off. I wished
I’d had worn garments with sleeves and pant legs. LeAnn,
the other glider pilot, had been with him since late afternoon.
She and Chad were in radio contact with each other but their
radios could not reach out of the canyon. (They were not on the
mountain when they radioed in the emergency call. ) Someone
noticed that our GPS coordinates at the site were identical to
those radioed to us earlier in the evening – a good feeling!
Rescue
At 11:45 the Blackhawk came in stealthy and low. We finally
heard their radio transmissions just as they spotted our
flashlights and the campfire down below. They landed near the
campfire and let out one corpsman who climbed quickly up to
where we sat. After assessing Eric’s condition, the corpsman,
Rick, directed us in strapping him to the backboard. We affixed
the collar and immobilized his arms. Rick ordered the Blackhawk
into the air and had it hover overhead so that it could lower down
a sked from a cable. The prop-wash, darkness and steepness of
the hill made retrieving the rolled-up gurney rather challenging.
Once we had unhooked the sked, Rick had the chopper move
off while we unrolled it and laced it up around Eric. When
we were done, Eric resembled a mummy with the sked curled
up around his sides, feet and above his head, with crossing
straps laced throughout. Various cables came together in Eric’s
midsection and connected to each other with a large carabiner.
Rick told us to put out the fire and turn off all the flashlights,
then signaled the helicopter to come back overhead. He put
on his night vision helmet and directed the Blackhawk into
position to start lowering a cable. The prop-wash was scouring
the skin off my legs as I looked up to see a most peculiar sight.
The bottom of the chopper was dark. It was probably no more
than 75 feet above our heads. About all I could see was a circle
of sparks of static electricity flashing as the blade edges cut
through the cold desert air. Rick attached the cable to the sked’s
carabiner and waved to someone in the chopper. Eric was being
slowly reeled up. Once the sked was about four feet off the
ground, Rick grabbed the cable with both hands and they rose
up together. It took a couple minutes to get Rick and Eric up
and into the Blackhawk, then they were gone, headed for Reno.
Wrapping up
We packed up the para-glider gear, hiked down to Chad,
extinguished the fire, and started hiking down the wash. The
dry creek bed we chose to walk in was, if possible, rougher and
more obstacle-strewn than our earlier cross-country jaunt. We
hiked westerly until we reckoned we were roughly adjacent to
where we had left the quads. Of course, now we were hundreds
of feet below them somewhere. We turned up out of the canyon
and hiked straight up the hillside. At the top of the ridge, we
somehow managed to cross our own footsteps, visible in the
dust, and followed them right back to the quads. (The return
hike would have been easier if someone had stored a waypoint
at the 4-wheelers before we left them.) Chad and LeAnn chose
to hike down to their Range Rover, spend the night and drive out
in the morning, while we rode out, carrying the para-glider gear.
By 3:00 a.m. we were back at the highway and were loading the
quads onto the trailers. No one was injured, the damage to the
quad that had flipped was superficial, and the mission had been
accomplished - a pretty nice feeling, all in all.
I can’t say enough about the United States Air National Guard. They
are truly lifesavers. The Mineral County Search and Rescue, and all
Search and Rescues everywhere are practitioners of routine heroics.
It’s too easy to take these folks, who commit to helping strangers
whenever called, for granted. It is good to know that the volunteer
spirit descended from our western heritage is still alive and well.
And Thank Goodness for GPS.
U
At this point my friend Jim Rackley, a fellow surveyor, took over,
for he amongst us had significant emergency medical training.
He assessed Eric’s injuries and general condition and relayed
that information to Glen back at the highway. We were hearing
over our radio that the Air National Guard was sending a
Blackhawk but no one was sure when it would arrive and we
couldn’t contact it directly. Since Eric’s condition was stable but
we weren’t sure about the extent of his spinal injuries, Jim chose
not to put him on the backboard or affix the cervical collar until
the corpsmen from the chopper arrived. There was nothing to do
but wait for the Blackhawk and talk to LeAnn and Eric. Soaring
Eric had been flying a para-glider rather than a hang glider as
reported by the emergency dispatcher. The difference between
the two is that there are no structural members on a para-glider.
When aloft, pockets in the fabric fill up with air, giving the craft
a semblance of rigidity. Eric had launched from near Bishop,
California, some 50 miles west, that morning and had flown
over Boundary Peak, the tallest mountain in Nevada with an
elevation of 13,145 feet above sea-level. He said he had reached
altitudes approaching 18,000 feet during the flight. LeAnn
said she had been between 15,000 and 17,000 feet up, as well.
Eric came down in 40 mile per hour winds roughly 16 miles
northeast of Boundary Peak just south of Miller Mountain. The
wind drove him backwards into the side of a steep hill at about
7,800 feet above sea-level, and as he fell through the tops of the
pinion pines, he unbuckled his harness and smashed into the
ground. He thought the accident occurred at about 4:00 p.m. He
crawled to his harness, got his GPS unit and his radio and after
some time, made contact with Chad and LeAnn, an incredible
stroke of good luck considering the terrain and the low power
of the radios. They had landed earlier that day and driven back
to Bishop but noticing that Eric was not among the returning
pilots, decided to drive west and look for him. It was very lucky
for Eric that they did.
NSPS Report
By Paul Burn, PLS
Nevada NSPS Governor and Director
G
reetings Surveyors! Here’s hoping your summer is going
well, and that a slight increase in business activity is
coming your way. It appears that development is on
the rise, albeit slowly, as there is at least some projects to pay
attention to.
May I remind you that our ALTA/ACSM Land Title Survey
committee is working on new standards, and isq seeking input
from membership for revisions, additions, and/or deletions.
These can be sent to me via email, or directly to committee
chair Gary Kent, via the NSPS website. All suggestions are
considered, so please don’t be bashful. These standards are in
force for an approximate 5 year period, so if you have input,
please write it up!
I have heard no more news recently about the “Engineering
Surveys” issue, but expect more dialogue to transpire this
October. Again, if you have opinions on this issue, and its
definition in the NCEES Model Law, please email me with
those thoughts. All of us in the survey community encounter
this to some degree, in some states more than others. I’d like to
continue to contribute to the national dialogue, so if you have
opinions and/or thoughts on this, please forward them to me via
email. I’d very much appreciate your input.
These two issues I’ve written about here are important, but
there are myriad issues that you face each day. If any have
national implications, please send me your thoughts. My email
address is [email protected].
by Carl C. deBaca, PLS
Great Basin College
As previously announced and discussed, Great Basin College
has chosen to terminate the Survey/Geomatics program at their
Elko campus, due to a combination of low enrollment, state
funding restrictions and the resignation of Professor Elithorp.
The college is recognizing its commitment to currently enrolled
students by keeping the program open until the end of the
spring 2016 semester. This should allow all motivated enrollees
to graduate. The program is still open to any other students
who have sufficient credits to allow them to graduate within
the timeframe.
The school has recently hired a new professor to replace Dr.
Elithorp. His name is Byron Calkins and he comes to us from
New Mexico State University at Las Cruces. Professor Calkins
holds double masters degrees and is familiar with creating and
teaching on-line classes. His term of employment is intended to
coincide with the remaining life of the program, although this
could change if circumstances change for the better. Professor
Calkins will utilize the existing adjunct professors to allow for
instruction of the full slate of classes.
Additionally, GBC is currently accepting credits from online courses offered by Oregon Institute of Technology and
University of Wyoming toward the bachelor’s degree.
U
Since the last issue covered the Spring meetings in San Diego, I
can report that preparations are underway for the Fall meetings
in October. They will be held in Kansas City, in conjunction with
the annual conference of both the Missouri and Kansas survey
societies. Let me report to you that two states have elected/
appointed new Governors/Directors to NSPS in our western
states’ area. Mr. Kent Groh is now representing Arizona,
replacing Mike Fondren, who has had to resign due to out-ofcountry work demands, and Ms. Amanda Allred now represents
New Mexico, replacing Glen Thurow, who also has found that he
needs to step aside. Should you happen to know Mr. Groh or Ms.
Allred, you might want to reach out and congratulate them for
this move forward. They both have expressed gratitude for this
honor, and we look forward to welcoming them both to NSPS
and to our Western States Governor’s Council (WSGC) at the
meetings in Kansas.
Advanced Education
Report
NALS
Historic Committee
Search
The Historic Committee is searching for pictures
and narratives on past presidents and prominent
contributive members. The presidents are
known, but a list of contributive members needs
to be developed. This year we hope to collect
an overview of recollections, contributions
and photos for both categories for future use.
Respondents need not worry that two or more
reply; information and photos received will be
compiled by the committee.
Please respond to:
[email protected]
Thank you!
U
Great Basin Chapter
Report
by Norman M. Rockwell
PE, PLS, WRS
April Meeting:
• There was no meeting this month due to the CALS/
NALS conference in San Diego, CA.
May Meeting:
Gold Dust West Casino; Elko, NV 10 members and guests
present.
President’s Report: Carl CdeBaca
•
•
•
Trig Star: Mark Boge
•
•
The presentation to Elko High School went well. Kevin
Hines demonstrated UAV’s current role in surveying
and Jolene Hoffman spoke on the education process.
The test will be held at the school on May 29.
Guest Speaker: Mark Gibbs, A.A.E.
Mr. Gibbs, the Elko Regional Airport Director, had a very
interesting presentation on Airport Geomatics. Some of the
interesting points were:
• The Federal Aviation Administration (FAA) is
budgeting $6 billion for airport surveying to implement
GPS and GTS into the airport system.
• The biggest driver is aeronautical navigation, intending
to maximize existing technology while implementing
more advanced geomatics instrumentation, software,
and knowledge to improve overall flight coordination,
safety, and engineering efficiency.
o The FAA is moving from a land based to a GPS based air navigation system.
The United States, European Union, Canada,
•
Russia, and China are also updating their
navigation systems - all countries will be adopting WGS
84 datum.
• The International Civil Aviation Organization
(ICAO) is the major driver in this change.
• The FAA website lists the requirements for airport
surveys. One PDH was offered for the presentation.
Summer Picnic:
The summer picnic was held on July 11 at the Moren cabin in
Lamoille, NV. It was previously decided to hold it on a Friday
afternoon instead of the usual Saturday affair. There was
thought that this would not cut into family plans for their two
day weekend. Attendance was about the same so we are going
back to Saturday next year.
The weather was threatening, with dark clouds, lightning,
thunder, and heavy rain immediately west of Lamoille but nary
a drop of rain on us.
The menu was typical picnic fare, along with racks of ribs (which
were delicious) furnished by a guest. And, of course, copious
amounts of beverages to quench thirst.
Errata:
• As always, all NALS members are cordially invited to
attend Great Basin Chapter meetings and the summer
picnic.
Lahontan
Chapter Report
by Kevin German
PLS, President
The May 14th membership meeting was held at the Siena Hotel
and Casino, with Joshua Wilson, Washoe County Assessor, as the
guest speaker.
On June 13th a water rights seminar was held with presentations
by speakers from the Nevada State Engineer’s Office. This was
a well-received function, with nearly 50 attendees. Flyers were
distributed throughout multiple local organizations, and credit
card payments made available over the NALS Website was very
popular.
The Chapter held a summer picnic and potluck at Sand Harbor
State Park, Lake Tahoe. It was cool and not well attended, but
the venue was great.
The Chapter has been on a summer hiatus until September.
August 1st was the Annual Lahontan Chapter Golf Tournament,
held at Silver Oak Golf Course, in Carson City.
The September membership meeting will host Dan Bartholmew
with the Reno-Tahoe Airport Authority, who will speak on the
A-GIS/eALP Project at the Reno-Tahoe Airport.
U
June Meeting: Gold Dust West Casino; Elko, NV 6 members
and guests present.
July Meeting:
• There was no July meeting as the summer picnic would
be held in lieu of the meeting.
U
Overview of the 2014 conference in San Diego, CA. The
percent of Nevada attendees dropped from 35% from
the preceeding year’s conference to 17% this year. This
will affect the proportioned funds from the conference
that will be available this year for NALS.
Education: A new instructor has hired on at Great Basin
College to finish the education of students currently
enrolled in the Land Survey/Geomatics degree program.
He will start Fall semester 2014. Currently the college
plans to end the program after the allotted 2 years given
to the remaining students to finish.
•As there was no formal presentation a
general round table discussion on surveying was
held.
Southern Nevada
Chapter Report
by Sean F. Corkill
PLS, WRS, President
As the summer heats up, the Southern Chapter Members are
having a good time and attending great educational presentations
and seminars! Our Chapter Board has done a great job of getting
presenters and our meetings organized! So far this year, we have
had many interesting speakers and educational presentations:
•
•
•
At the May Chapter meeting, Pete Perazzo
demonstrated NDOT’s new LOIS System with a
great interactive presentation.
At the June Chapter meeting, Brett Lane gave a
very good dissertation of Ethics in Local Government.
It was both heartfelt and funny.
At the July Chapter meeting, Steve Deveny gave an
interesting and informative presentation of the
NSPS Geocaching Program.
In April, just after the NALS/CLSA Conference in San Diego, we held
our 2014 SNALS Bill Cuddy Memorial Picnic, Of course, it turned out
to be on the coldest day in April, but we still had a good turnout (72
people) and everyone had a great time and great food! Big thanks to
the Picnic Committee for their hard work organizing the event and to
Jon Wooten for cooking some awesome barbeque!
Another big thanks goes out to Brett Lane and Paul Burn, who
brought back the Surveyor Band and entertained the crowd. They
really rock! We held our Survey Olympics at the picnic. The winners
were: Range Estimation - Jace Wonders, Pacing - Phillip Dwyer,
Wing Ding - Katherine Little, Hammer Throw - Jon Wooten.
There is a video presentation of the picnic at the following URL:
httDs://www.voutube.com/watch?v=bAzi9hvR8Vg. Thank you Alan
Dill for putting it together!
In July, SNALS hosted the NGS OPUS Project Manager’s
Training Workshop. Bill Stone from the NGS gave a great,
interactive presentation and everyone learned a lot! SNALS
would like to give a special thanks to G.C. Wallace Inc. for
donating their conference room and providing the coordination
with their IT Department. They really made the presentation
run smoothly. Thanks to G.C. Wallace, we were able to offer the
workshop to Members at a very reasonable price!
In August, we are looking forward to our SNALS Golf Tournament
at Bear’s Best!! For those who are not in the know about golf clubs,
Bear’s Best is one of the best around! Thank you Jason Fackrell for
organizing the tournament! It is going to be great! The tournament
will be on August 16, starting at 7:00am.
If you are in the Las Vegas area, please join us at a chapter
meeting or at one any of our upcoming events! Our chapter
meetings are held on the third Thursday of each month
throughout the year. In all, we are having a great year full of
fun and great learning opportunities!
WFPS Report
by Nancy Almanzan, PLS, and
Matt Gingerich, PLS
WFPS Delegates, Nevada
The Western Federation of Professional Surveyors (WFPS) held
a Board of Directors meeting on May 3, 2014 in Albuquerque,
New Mexico.
The meeting focused on strategic planning and further defining
the role of WFPS. A draft mission statement was developed as
follows:
The Western Federation of Professional
Surveyors is a conduit for interstate
communication and provides resources to
its member associations. WFPS advances
the profession of surveying by fostering
common goals and relationships within the
western states, promoting public awareness
of the profession, supporting education, and
providing a regional voice.
The above draft mission statement will be further refined
as WFPS continues the strategic planning process at their
September meeting. WFPS will remain steadfast in their
commitment to better serve the individual state associations.
With that in mind, a survey is being developed and will be
sent to state association Presidents and Executive Directors.
The survey will request input from WFPS state Associations
regarding possible services and/or assistance that WFPS can
provide.
Highlights from the meeting include the development of some
new programs/resources and the expansion of existing programs.
Programs being developed to promote the surveying profession:
•
•
•
30 second “Elevator Pitch”
Brochure “How the Profession Serves the Public”
Continuation of the Teaching with Spatial Technology
(TwiST) program
Resources being veloped to benefit all state associations: Speakers bureau Article bank Quarterly book
review articles
Examples of WFPS serving as a regional voice:
Support letters (continuing education, four-year
degree programs, etc.) Compilation of QBS information
The next WFPS Board of Directors meeting will be held
September 13th in Phoenix, Arizona.
U
TWIST WORKSHOP
The TwiST Workshop was held June 23-27th in Vancouver,
WA at Clark College. NALS
NALS Board of Directors Meeting
Friday, July 18th, 2014 • Edward Pine Board Room • Reno, Nevada
MINUTES OF MEETING:
Members Present: Glen Armstrong, Trent Keenan , Carl
C.deBaca, Sean Corkill, Steve Deveny, Jason Caster,
Halana Salazar, Terry McHenry
Call to Order: 9:54 pm Glen Armstrong
Review and approve the agenda
Motion 14-9: Keenan moved to approve agenda. Corkill
seconded.
Motion carried unanimously
13.5Scholarships
Kevin German
Written report submitted .
13.6
Legislative
Brett Lane
Written report submitted .
Recommendation of candidate to succeed retiring Bruce Arkell
as NALS legislative representative was discussed.
Motion 14-10: Motion to accept recommendation and hire
Kathleen (Neena) Laxalt for the upcoming Legislative session
made by C.de Baca, seconded by Keenan.
Motion carried unanimously.
Officer’s Reports
1.01 President Glen Armstrong
No written report.
11.02 President-Elect Trent Keenan
No written report.
11.03 Secretary Carl C.de Baca
No written report – April, 2014 minutes previously reviewed
and approved by Email vote
11.04 Treasurer Carl C.de Baca – proxy for Jerry Juarez
Written report submitted.
Impact on budget of membership dues, advertising revenue
and estimated conference proceeds discussed. Budget revisions
tabled until October meeting.
Standing committee reports:
13.1 Constitution and Bylaws Trent Keenan
No written report.
13.2 Membership Secretary and Chapter Presidents
Written reports submitted.
Current numbers covering overall membership and Chapter
breakdowns was presented.
13.3
Continuing Education
Chapter Presidents
Written Report submitted (So. Nev).
13.4
Advanced Education
Carl C.de Baca
Status of GBC Surveying program and potential programs at
UNLV and Western Nevada College was discussed.
13.7
Publications – The Nevada Traverse
Terry McHenry
Terry McHenry is stepping down at the end of 2014, after 24
years as editor of the Nevada Traverse magazine and will work
with the new editor, when that position is filled, to develop the
spring, 2015 issue.
Between now and September, NALS will hereby be soliciting
for volunteer candidates to fill the role of editor of the
magazine.
13.8Conference
Nancy Almanzan
Written report submitted. Final accounting of proceeds from
the conference and NALS share of the scholarship auction
proceeds should be available by late August.
13.9Ethics
Trent Keenan
No written report.
13.10Communications
Trent Keenan
No written report.
Everyone is pleased with website and ability to pay dues and
register for workshops on-line!
13.11 High School Outreach
Jerry Juarez
13.11.1 Trig Star Jerry Juarez
13.11.2 Career Fairs
Carl CdeBaca, Dan Church, & Sean Corkill
Written report submitted (So. Nev)
13.12 Advanced Technology
Jason Caster
No written report.
13.13Nominations
NALS State Board of Directors Meeting continued from previous page
Limitation of Actions Revisited... continued from page 13
Chapter Presidents
Tabled until October meeting.
with memories faded and records discarded or dispersed, and
liability policies long ago lapsed. Here, a statute of repose
secures an outer limit of time for bringing forth an action for
damage, regardless of accrual from discovery, and beyond which
any remedy of a plaintiff is forever barred from legal recourse.
Special Committee Reports:
14.1
Great Basin Chapter
Norm Rockwell
Written report submitted
14.2
Lahontan Chapter
Kevin German
14.3
Southern Nevada Chapter
Sean Corkill
14.4
Western Federation of Professional Surveyors
Nancy Almanzan
TWiST final accounting is in and NALS will seek
reimbursement for ½ of total costs.
14.5 NSPS Paul Burn
Fall NSPS meeting to be in Kansas City in conjunction with KS
/ MO conference - October
14.10
NSPS Foundation Carl C.de Baca
Current account balances for the two NALS funds was
presented.
14.11
CST Program Paul Burn
GB Chapter hosting a CST Exam in August at Newmont
headquarters, Elko.
Unfinished Business
A suggestion made at April meeting to consider creating a new
501c3 fund was discussed. Corkill will investigate further.
New Business
Executive Board will select new Traverse editor after
September. Anyone interested in the position is encouraged to
inquire.
Most state’s statutes of repose have established an outer time
limit of between 20 to 30 years in barring any recourse; some
are less however. Of course original monnumentation can, and
often does, lie hidden for periods much longer than that. Due
to an original monumentation’s ‘temporary’ state of unknown
location, other control has been used that often differs from
the original. If and when an originally monumented position is
rediscovered, now that dilemma mentioned above surfaces.
The Marketable Record Title Act
Unknown to many western state land surveyors and allied
disciplines in particular, who work in one way or another with real
property, is the Marketable Record Title Act (MRTA). Proposed
in the State of Florida in 1960, and adopted legislatively in 1963,
MRTA established what is known as the “root of title,” which
simply identifies the last title transaction creating an estate or
property in question which was recorded thirty or more years
previous. Once this ‘root of title” is established it becomes the
superior conveyance, and thus extinguishes all earlier claims of
title. The objectives of MRTA are:
1.
2.
3.
4.
5.
6.
7.
To limit title searches to relatively recently recorded
instruments of conveyance only.
To clear old defects of record.
To establish perimeters within which marketability
can be determined.
To reduce the number and frequency of quiet title
actions
To reduce the time and costs of abstracts and closings.
To facilitate the underwriting of title insurance.
To constrain the title history to more readily identifiable,
basic parameters, such that the playing field is leveled
for all land oriented disciplines involved.
As Mr. Lucas points out, the public policy issue behind
MRTA is clear. Society hates ancient and sometimes dormant
controversies. MRTA extinguishes them after 30 years.
Today there are nearly half of the 50 states who have adopted
some form of the MRTA model, first conceived in Florida for the
purpose of simplifying and facilitating land title transactions. It
has become both a recording statute and a statute of limitations
on old, stale claims to title.
The Big Question
The date and location of the next board meeting will be
determined and circulated via Email.
With an understanding of the MRTA, which establishes a
“root of title,” the logical question that follows is this: could the
principles contained within MRTA be adapted (with admittedly
certain modifications) to apply in establishment of a “root of
location?” What potential affect would this have on private vs.
public lands surveying resolutions? Would the allied disciplines
who also work in real property matters accept this paradigm
shift, and would the court be amenable with its historically
heavy reliance on long-standing precedent?
Motion 14-11: Motion to adjourn made by C.de Baca, seconded
by Keenan.
Motion carried unanimously.
Meeting adjourned at 11:25 p.m.
These and other relative questions would have to be investigated
thoroughly. But clearly there would be some definite advantages
over the traditional, time-worn methodologies. Before just
outright rejecting the concept, put some thought into the
question, and then let’s get some dialogue going in the pages of
The Nevada Traverse.
U
U
WFPS Report..continued from page 27
sponsored 2 teachers, Shannon Johnson & Judith Cryer from
Reno. A report from the teachers will be in the next edition
of the Traverse. Total cost for both teachers was $3177.56, so
NALS will be reimbursed half of that ($1588.78) from NCEES
through WFPS.
U
About WFPS
The Western Federation of Professional Surveyors (WFPS) was
formed in 1979. The Board of Directors includes two Delegates
from each of the 13 western states. WFPS serves as a regional
voice for land surveyors and meets quarterly to discuss practice
issues affecting western state surveyors. For more information
about WFPS and the state associations, visit WFPS.org
Has Your Contact
Information Changed?
Change in your address,
email address, or telephone?
Please contact NALS with
your updated information.
You may log onto the NALS Website at:
Go to: Update Contact Info.
Fill in your information and submit.
Help your NALS Board
to keep you current.
Thank you!
Our Commitment to Quality
and Service
Will Always be Our #1 Goal
AERIAL PHOTOGRAPHY
DIGITAL PHOTOGRAMMETRY
DIGITAL ORTHOPHOTOGRAPHY
GEOGRAPHICAL INFORMATION SYSTEMS
2175 Green Vista Dr.
Suite 207
Sparks, Nevada 89431
Tel: 775-673-6000
Fax: 775-673-6010
4011 W. Cheyenne Ave.
Suite B
No. Las Vegas, Nevada 89032
Tel: 702-646-1732
Fax: 702-646-2050
88 Inverness Circle East
Suite B103
Englewood, CO 80112
Tel: 303-792-5510
Fax: 303-792-5512
Nevada Association of Land Surveyors
P.O. Box 20522 • Reno, NV 89515
Ph: 775.624.6257 • www.nvlandsurveyors.org
APPLY NOW ONLINE
APPLICATION FOR MEMBERSHIP
2014
(Effective January 2014)
Name:
Firm/Employer:Business Phone:
Mailing Address:Fax:
City:State:Zip:Home Phone:
Mailing Address is: o Business
o Residence
Other Professional Registrations:
Email:
PLS Number (if applicable):
STATE ASSOCIATION MEMBERSHIP: Add your Initiation Fee amount to
the Annual Dues amount and enter the sum in the TOTAL AMOUNT column.
o REGULAR MEMBER: Any person holding registration as a Professional Land Surveyor in Initiation
Fee
Annual
Dues
Total
Amount
$
25.00
$
115.00
$
______
$
25.00
$
115.00
$
______
$
25.00
$
60.00
$
______
o ASSOCIATE MEMBER: Any person who, in their profession, relies upon the fundamentals of land surveying and is sponsored by a Regular Member of the Association.**
$
25.00
$
60.00
$
______
o CORRESPONDING MEMBER: Any person holding registration as a professional land surveyor in another state, and who desires to receive correspondence from the Association, including The Nevada Traverse.
$
25.00
$
60.00
$
______
$
$
25.00
$
______
195.00
$
______
$
$
______
the State of Nevada, residing in Nevada. (Includes NSPS membership.)
o REGULAR MEMBER, NON RESIDENT: Any person holding registration as a Professional
Land Surveyor in the State of Nevada and not residing in Nevada.*
o L.S.I. MEMBER: Any person holding a certificate as a Land Surveyor Intern in the State
of Nevada
o STUDENT MEMBER: Any person who is a student in a college or university and is
actively pursuing a survey-related education, and is sponsored by a Regular Member of
the Association.**
o SUSTAINING MEMBER: Any individual, company, or firm who by their interest in the land surveying profession is desirous of supporting the purposes and objectives of the Association.
$
0.00
50.00
o ADD REINSTATEMENT FEE (only if applicable)
$
10.00
CHAPTER MEMBERSHIP: Chapter membership is encouraged, but not
mandatory. To be a chapter member, you must also be a State Association
member. Find you chapter dues below by selecting the amount shown to the
right of your Membership Grade in the State Association.
o LAHONTAN CHAPTER: Northwestern Nevada (Reno/Carson) (no charge for Student Members)
o GREAT BASIN CHAPTER: Northeastern Nevada (Elko) (no charge for Student Members)
o SOUTHERN NEVADA CHAPTER:
(no charge for Student Members)
* This does not include membership and dues in
Regular Members
Associate and L.S.I Members
$
Regular Members
$
Regular Members
$
$
$
$
35.00
15.00
30.00
20.00
35.00
20.00
TOTAL AMOUNT TO BE REMITTED:
the National Society of Professional Surveyors.
**Associate and Student Member Applicants must be sponsored by a Regular Member of the Association.
Name of Sponsoring Member:________________________________________________________________
Applicant’s Signature:Date:
NALS ORDER FORM
NALS MEMBERSHIP ITEMS
Price
(Items for Sale to NALS Members Only)
NALS Logo Lapel Pin
$
NALS Logo Polo Shirt - Royal Blue, Dri - Fit with logo at left chest
$
Qty
TOTAL
5.00
25.00/$35.00
Please indicate size - S M L XL XXL XXXL XXXXL
Subtotal
NALS Logo Polo Shirt, sizes S – XL at $25 ea., Sizes XXL – XXXXL at $30 ea.
Please Note: Shipping Charge is $3.00 per item
Total Shipping Chrg
TOTAL
PAYMENT - by check or money order only

Check

Money Order
Make Checks/Money Orders Payable to: Nevada Association of Land Surveyors
Mail Order Form Along With Your Payment to : The Nevada Association of Land Surveyors
P.O. Box 20522, Reno, NV 89515
Name:_____________________________________________________________________________________
Mailing Address:_____________________________________________________________________________
City:________________________________________________________________ State:______Zip:_________
Questions? Call the NALS Office at: (775) 624-6257
ADVERTISER INDEX for this Issue
Advertiser
Page No.
Aerotech Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Rear Cover
Berntsen International . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
California Surveying & Drafting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outside Back Cover
H&S Positioning Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Monsen Engineering Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inside Front Cover, 16
North American Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
ADVERTISER HOT LINKS
To receive FREE information about products and services from advertisers featured in this
issue of The Nevada Traverse, you may log onto the NALS Web Page at www.nv-landsurveyors.
org, click on Nevada Traverse, and you will find a hot link to the web sites of all advertisers in
this issue. Using these links, you can go directly to the advertiser(s) of your choice for inquiries, to request catalogs, training schedules and information, or placing orders.
The Nevada Traverse
The Nevada Association of Land Surveyors
Editor: Terry W. McHenry, P.L.S.
NALS Central Office
P.O. Box 20522
Reno, NV 89515
Have an old KIP, Ricoh, OCE or Xerox MFP? Tired of service calls and slow pdf printing?
You Need
the
HP Designjet T3500 MFP Printer
Starting at $11,995
Special promotional
pricing for Nevada
Traverse subscribers.
Call today and save
B-I-G!
Designje
t
HP
#1 U.S. DEALER
Sa
CALL today to
schedule a demonstration
or to request a quote.
Supreme speed
le s
& S er v
ice
Print A1-size pages in 21 seconds with vivid colors, dark blacks and neutral grays.
Zero warm-up time
Allows your first page to be printed right away thanks to the T3500's ultra-fast processing.
Advanced copy and scan features
Provide efficient workflow tools such as scan to email, batch scanning and multipage PDFs.
800.211.0022
4977 W Diablo Dr. #101, Las Vegas, NV
An integrated 100-page stacker
Keeps you organized and helps to avoid clutter.
Providing Authorized Sales & Service to the Entire State of Nevada • Dispatched from our Locations in Sacramento and Las Vegas

THE NEVADA TRAVERSE - The Nevada Association of Land

Transcription

Similar documents

NEVADA BOB`S GOLF - Ideal Builders Inc.

Nevada Partners for Conservation and Development (NPCD) Core

flyer here

gardnerville office space

The History of Greater Nevada Credit Union

Family Engagement Brochures - Nevada Department of Education

WET `n` WILD WATERPARK - LAS VEGAS, NEVADA