A college professor of mine taught that doing the lawful thing doesn’t always mean doing the just thing. Now before somebody brands me as a revolutionary and calls the feds, I’d like to point out a boundary issue in St. Louis County that I think illustrates my point fairly well.
A Short Survey History Lesson
Back in the days of Lewis and Clark, government surveyors were sent to map the land, using existing features and landmarks to establish monuments (or corners) that would be used as reference points as the land was divided and sold as settlers moved into the region. Boundaries were drawn and changed as more and more people settled the area, but all of those changes, from 1880 to 1930 were made in accordance to the corners established by the original government surveys.
Fast forward to post WWII through 1975. Those years saw a huge boost in the real estate development market. Surveyors still were basing their new boundaries on the original corners, but by now few of the originals existed, and the surveyors were having difficulty placing them accurately. Couple the lack of original references with inaccurate equipment and a constant demand for new surveys, and the result is corners and boundaries that were technically placed incorrectly.
Since the 1980s, new equipment and better survey techniques have improved survey accuracy. Many counties, like St. Louis County, have ordered new surveys to correct the inconsistencies of the previous ones. However, when boundaries start changing over properties that have existed for decades, serious problems can and will occur. Just such a problem is brewing in a section of land near Lake Vermilion.
Section 10, Township 63, Range 18
A 1973 land survey established a corner in the east quarter of section 10, Township 63, Range 18. Subsequent surveys established this corner as the center point of the entire section. All the lots south of this point were platted using this point as one of their major reference points.
In 2004, St. Louis County hired a new survey team to confirm the corner established by the 1973 survey. They discovered that the corner was indeed misplaced—113 ft further north than the actual corner. When the survey team presented their findings to the board they recommended that the county recognize the corner established in ’73 as the legitimate corner, even though it is technically incorrect; the reason being because it had been relied upon for the past 30 years, and many lots and properties have already been bought and developed around it. To change it now would lead to border disputes and throw the entire section into chaos.
However, St. Louis County refused to do it. In a similar border dispute case, a St. Louis County Surveyor’s office official wrote “We cannot alter the basic rules of surveys for the sake of convenience. We do not have the option of ‘pretending’ that an erroneous monument is correct.” While they are technically correct, their hard line could lead to some staggering complications.
The Real Inconvenience
Attorney Mark C. Weir represents the owner of the lot adjacent to the corner. According to Mr. Weir, his client has owned and paid taxes on this property for ten years. With the county correcting the corner, he stands to lose a significant portion of his property—2 acres and 100ft of frontage on Lake Vermilion.
“Not only will this affect his client but all the other owners to the south of him stand to lose property and lakefront as well.” says Weir. It would be a chaotic domino effect with all the surrounding properties losing or gaining acreage as the boundaries shift to compensate.
Besides the potential property loss, the shifting property lines could lead to a planning nightmare. Any improvements like boat slips, docks, or even homes could technically wind up on another person’s property.
Solutions
According to Mr. Weir, St. Louis County offered to allow the original owner to buy back the property from the county for the current market price. First off that solution is ridiculous. An individual shouldn’t have to buy back something that he already owns. Secondly, it offers no solution to prevent the domino effect that would result.
There is a compromise on the table that would give the owner the option to lease the land from the state. However, litigation seems the most likely outcome.
It’s frustrating to see this have to go to court. Why should anyone have to lose land that they worked and saved for just because a line was misdrawn. A person’s home and property should be more important than some imaginary line on a map. Occupation and ownership should trump a theoretical line. And what exactly would be the problem with leaving well enough alone? The property lines are already there, nothing has changed except making the “incorrect” corner the official one. It’s not like they haven’t done that before.
Mr. Weir points to the St. Louis County Corner Correction Report of 2004. He said that the county has changed erroneous corners from 3/4ft up to 250ft and made them official. Why should this case be any different? The corner may not be right, but it’s the just thing to do.
Representatives from the St. Louis County Surveyors office refused to comment.
All opinions and analysis expressed by Al Josef doesn’t necessarily reflect the views and opinions held by LakeshoreDreams.com If you would like to weigh in on this matter, Al may be reached at al.josef@lakeshoredreams.com
