Posted by RTK on Oct 1, 2007 8:46 pm
Posted by ForumUser on Oct 1, 2007 8:50 pm
Posted by Perry Williams on Oct 1, 2007 9:04 pm
Posted by Bryan Taylor on Oct 1, 2007 9:20 pm
Posted by deward bowles on Oct 1, 2007 9:31 pm
Posted by Paul Plutae on Oct 1, 2007 9:36 pm
Posted by deward bowles on Oct 1, 2007 9:49 pm
Posted by Rob.Hill on Oct 1, 2007 9:51 pm
Posted by Daniel S. McCabe on Oct 1, 2007 9:54 pm
Posted by Matthew Jennings,PLS on Oct 1, 2007 9:57 pm
Posted by Paul Plutae on Oct 1, 2007 10:03 pm
Posted by deward bowles on Oct 1, 2007 10:10 pm
Posted by Helmuth Hack on Oct 2, 2007 1:18 am
Posted by Christian Offenburger on Oct 2, 2007 1:23 am
Posted by JBStahl on Oct 2, 2007 2:47 am
Deward is correct in reciting the legal principle that a boundary line, once established, does not move in a legal sense. I do, however, disagree that a title line and a line of occupation cannot coincide.Coincidence between the occupation and title is not a mathematical issue, it is a legal one. Width of the fence and the width of the finest monofilament made has nothing to do with it. Both Alan and Matt have recited instances where the fence line could be called for in the description as the boundary, just as any physical object can.Let me now address the mis characterizations and misquotations posted in my absence.I graciously accepted an invitation from CLSA to present two two-day seminars, one in southern California and one in northern California. The presentations are being made at the invitation of the surveyors and I am grateful for their interest in what I would have to say. It is rather humbling to realize that others may have an interest in the knowledge and experiences I have gained from legal research, court appearances and mediations. I hope that I can impart to them even a small portion of my experiences.A statement was made which I must address. It was stated that I "agree with Lucas that even the CLSA does not have a clue when it comes to professional surveying." I must emphatically deny making any such statement or implication. I don't recall reading anywhere that Lucas made any such statement either. The statement made is not one of my own and is a complete mis characterization and fabrication designed to disparage my character. I have clearly expressed with regard to CLSA's actions in the recent case of Knerr v. Mauldin. Following is a synopsis of my statements:
I commend CLSA for their efforts. I do disagree with certain statements made in their brief, and it is unfortunate that they sided with the losing party by the mis-application of some principles. The CLSA voice was, however, heard by the court ... I am glad, however, that CLSA had the fortitude to take a position and to ask the question. If they hadn't, we likely wouldn't have gotten such a clear answer. My only hope now is that the surveying profession will heed the answer even when many of us would like to disagree. ... Thank you, CLSA.I can only hope that the California surveyors and other professional surveyors who frequent this forum can see through the ruse being presented here which is nothing more than a childish vendetta triggered by a difference of opinion which I have expressed. Apparently a difference of opinion is not acceptable by some in our profession. I have no intention of "explaining surveying theory" to anyone or "expounding upon what idiots" anyone is. Nothing could be farther from the truth. I have no such agenda. The invitation to speak at CLSA was offered and accepted long before the Knerr ruling was ever heard of and long before September of this year. The course material which I will be presenting was prepared several years ago at the request of the Colorado land surveyors and has been since requested at the last three ACSM conventions with a recent invitation to present them again next year in Spokane. I am also excited to make similar presentations at next years' Idaho state convention and the Land Surveyors Workshops Continuing Education Cruise. I can only hope that these recent disparaging remarks will not deter surveyors from attending the presentations which have been scheduled. I can also only hope that those currently considering future invitations will also not let these remarks impact their decision negatively.Despite these remarks I will continue to present my views in this open forum and expect others to continue to do so as well. I am aware that others have gotten fed up with similar attacks upon their professional opinions and have stopped posting on this forum. It is unacceptable that anyone should be subjected to public ridicule to the point of fearing to freely and openly express their views.Thank you all for your support and your time. I am sorry you all have been subjected to this errant and unprofessional public display.JBSP.S. If anyone is interested in fully studying the totality of my comments regarding the Knerr case in their original context, the following links are provided:
Posted by Norm Miller LS on Oct 2, 2007 9:10 am
Posted by Helmuth Hack on Oct 2, 2007 9:31 am
Posted by Norm Miller LS on Oct 2, 2007 10:36 am
Posted by Helmuth Hack on Oct 2, 2007 11:46 am
Posted by JBStahl on Oct 2, 2007 12:19 pm
Posted by Tommy Young on Oct 2, 2007 4:42 pm

by Small World Labs