43 U.S.C. § 752

Boundaries and contents of public lands; how ascertained

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The boundaries and contents of the several sections, half-sections, and quarter-sections of the public lands shall be ascertained in conformity with the following principles:

First. All the corners marked in the surveys, returned by the Secretary of the Interior or such agency as he may designate, shall be established as the proper corners of sections, or subdivisions of sections, which they were intended to designate; and the corners of half- and quarter-sections, not marked on the surveys, shall be placed as nearly as possible equidistant from two corners which stand on the same line.

Second. The boundary lines, actually run and marked in the surveys returned by the Secretary of the Interior or such agency as he may designate, shall be established as the proper boundary lines of the sections, or subdivisions, for which they were intended, and the length of such lines as returned, shall be held and considered as the true length thereof. And the boundary lines which have not been actually run and marked shall be ascertained, by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships where no such opposite corresponding corners have been or can be fixed, the boundary lines shall be ascertained by running from the established corners due north and south or east and west lines, as the case may be, to the watercourse, Indian boundary line, or other external boundary of such fractional township.

Third. Each section or subdivision of section, the contents whereof have been returned by the Secretary of the Interior or such agency as he may designate, shall be held and considered as containing the exact quantity expressed in such return; and the half sections and quarter sections, the contents whereof shall not have been thus returned, shall be held and considered as containing the one-half or the one-fourth part, respectively, of the returned contents of the section of which they may make part.

Notes of Decisions

Cited in 17 cases (1 in the last 5 years), 1929–2023 · leading case: Vernon Fiehler v. T. Anthony Mecklenburg, Catherine Mecklenburg, State of Alaska, City & Borough of Juneau, & Wells Fargo Bank, N.A., 538 P.3d 706 (Alaska 2023).

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Vernon Fiehler v. T. Anthony Mecklenburg, Catherine Mecklenburg, State of Alaska, City & Borough of Juneau, & Wells Fargo Bank, N.A., 538 P.3d 706 (Alaska 2023). · cites it 6× “13 43 U.S.C. § 752 . 14 Id. 15 Id. §§ 751-53; 1 JOYCE PALOMAR, PATTON & PALOMAR ON LAND TITLES § 116 (3rd ed.”

Friends of the Black Forest Reg'l Park, Inc. v. Bd. of Cnty. Commissioners, 80 P.3d 871 (Colo. Ct. App. 2003). “*881 In addition, 43 U.S.C. § 752 provides a method for determining the corners, boundaries, and area of public land sections, half sections, and quarter sections, including: Each section or subdivision of section, the contents whereof have been returned by the [Surveyor…”

Perry v. Erling, 132 N.W.2d 889 (N.D. 1965). · cites it 2× “y run and marked shall be ascertained, by running straight lines from the established corners to the opposite corresponding corners; but in those portions of the fractional townships where no such opposite corresponding corners have been or can be fixed, the boundary-lines shall…”

United States v. Est. of St. Clair, 819 F.3d 1254 (10th Cir. 2016). “See 43 U.S.C. § 752 . Monuments are placed to *1257 mark a given section’s four corners and the half-way points between two corners— called “quarter corners.”

Dykes v. Arnold, 129 P.3d 257 (Or. Ct. App. 2006). · cites it 2× “The current codification of the provision pertinent to this case, 43 USC § 752 , provides in part that “boundary finest ] actually run and marked in the surveys * * * shall be established as the proper boundary lines of the sections, or subdivisions, for which they were…”

John Taft Corp. v. Advisory Agency, 161 Cal. App. 3d 749 (Cal. Ct. App. 1984). “( 43 U.S.C. § 752 .) This public land survey system permits size adjustments in dimensions of the lots along the edges of the uneven sections and also at the uneven boundary lines of the unsurveyed Spanish or Mexican land grants.”

United States v. Citko, 517 F. Supp. 233 (E.D. Wis. 1981). · cites it 2× “Title 43 U.S.C. § 752 provides, in relevant part: The boundaries and contents of the several’ sections, half-sections, and quarter-sections of the public lands shall be ascertained in conformity with the following principles: First.”

Calder v. Hillsboro Land Co., 122 So. 2d 445 (Fla. 2d DCA 1960). “4804 [ 43 U.S.C.A. § 752 ]); Ayers v. Watson, 137 U.”

United States v. Paul E. Reimann, & Maybeth Farr Reimann, His Wife, 504 F.2d 135 (10th Cir. 1974). “Doyle, supra; 6 Thompson on Real Property, §§ 3044, 3045 (1962); 43 U.S.C.A. § 752 ; Cornia v. Putnam, 26 Utah 2d 354 , 489 P.”

Sweeten v. United States Dep't of Agric. Forest Serv., 684 F.2d 679 (10th Cir. 1982). · cites it 2× “43 U.S.C. § 752 ; see United States v. Doyle, 468 F.”

Benjamin F. Maplesden & Anne W. Maplesden v. United States of Am., & Jon E. Riewerts, 764 F.2d 1290 (9th Cir. 1985). “43 U.S.C. § 752 (1982). Appellants urge that the corner was not “lost” but “obliterated,” which means that the original corner markers were missing but other evidence was available from which the location of the original corners could be identified.”

First Beat Ent., L.L.C. v. ECC, L.L.C., 962 So. 2d 266 (Ala. Civ. App. 2007). · cites it 5× “3 In support of this argument, First Beat cites 43 U.S.C. § 752 , 4 which states, in pertinent part: “First.”

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