Legal Opinion

Opinion No. (1979)

Nebraska Attorney General Reports

Decided December 13, 1979Published

1Opinion of the Court

REQUESTED BY: Thomas P. McNally, Harlan County Attorney. Are lost or obliterated sectional corners reestablished by a Registered Land Surveyor in the process of surveying a land owner's property void when there is no duly elected or acting County Surveyor available to reestablish the corners?

No.

Section 23-1908, R.R.S. 1943 reads in pertinent part as follows:

"The boundaries of the public lands established by the duly appointed government surveyors, when approved by the Surveyor General and accepted by the government, are unchangeable, and the corners established thereon by them shall be held…

2Cases cited7 opinions

  1. Peterson v. SkjelverNebraska Supreme Court · 1895
  2. United States v. John Hudspeth, John Hudspeth v. United StatesCourt of Appeals for the Ninth Circuit · 1967
  3. McShane v. MurrayNebraska Supreme Court · 1921
  4. Kittell v. JenssenNebraska Supreme Court · 1893
  5. Dancer v. MeyersNebraska Supreme Court · 1919

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