Gary Kent is in his 36th year with Schneider Geomatics in Indianapolis. He is a past-president of ACSM and ISPLS and from 1999-2006 he taught boundary law, legal descriptions, property surveying and land survey systems for Purdue University. Gary has served on the Indiana State Board of Registration for Professional Surveyors since 2004 and is frequently sought as an expert witness in cases involving boundaries, easements and survey standards. He has chaired both the NSPS and ALTA committees on the ALTA/NSPS Standards since 1995, and has presented programs in all 50 states and three times in Europe.
Railroad Rights of Way
Thursday, January 10, 2020
1:00 - 5:00 p.m.
Surveyors often deal with railroad rights of way as they retrace boundaries or guide clients on their needs for easements or licenses over railroad rights of way. Why do they frequently encounter confusion over the status of a railroad right of way? Is it a fee ownership or just an easement? Is it abandoned or active and how does one know? What about "Rails to Trails?" How do you find Railroad Valuation Maps and vesting deeds? In this session, we will review several significant court decisions regarding railroad rights of way including Preseault v. Interstate Commerce Commission (U.S. Supreme Court, 1990). We will also tour the National Trails System Act of 1969 and its progeny in order to better understand the whole of the debate over "Rails to Trails." and how the standing of a railroad's right of way can be perplexing.
The Art of Retracement
Friday, January 10, 2020
8:00 a.m. - 5:30 p.m.
Every professional surveyor across the Unites States knows the phrase “Follow in the Footsteps” as it relates to conducting a boundary retracement survey. But what does it really mean and what is the basis for following the footsteps? And exactly whose footsteps are we talking about? Surveyors also know the effect of the statute of frauds is that what is written in the conveyancing document is considered by the courts to be the highest and best expression of the parties’ intentions. But what happens when the evidence of the footsteps on the ground conflicts with the written title? What if there are seemingly no footsteps to follow? What then? In this program we will explore the concept of retracement, how it relates to and is dependent on the document of conveyance, and what controls when conflicts are inevitably encountered. When armed with a full understanding of the concept of retracement, surveyors will be much better equipped to help steer their clients (and their affected neighbors) away from the pain and cost of litigation, and towards an amicable solution based on well-placed confidence and understanding of their respective roles and responsibilities.
Avoiding Boundary Problems - Understanding Surveyor Reports
Saturday, January 11, 2010
8:00 a.m. - 12:00 p.m.
The importance of communicating with clients, title companies and attorneys about the results of a survey is an important, but typically overlooked part of completing a survey. Even though a surveyor may spend an inordinate amount of time searching for, sorting through, and weighing evidence related to determining a boundary, the final plat typically reflects little if any of that effort. Surveyors need to do a better job of communicating what has been done, and why, and perhaps most importantly, what the results of the survey mean (and do not mean). This program will present the concept of a Surveyor’s Report and discuss what information is relevant and desirable to include in such a report - and why. A number of laws, standards and articles dealing with Surveyor’s Reports will be reviewed so the audience can benefit from the ideas of others. Surveys will be used to generate an interactive dialogue with the audience on who will benefit from a surveyors report, what information it should and could include, and how it should be organized to best meet those objectives.