2015 New Mexico Conference – Hillstrom Test

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Question 1 of 23

1. Question
Which direction did Byles run the south boundary of section 31 in his 1873 resurvey?
- East on a random line and west on true line.
- West on true line.
- East on true line.
- West on a random line and east on true line.
Question 2 of 23

2. Question
In the 1996-2000 dependent resurvey, BLM determined that the W1/16 section corner of sections 6 and 31 on the south boundary of T. 16 N., R. 4 W.:
- had been properly reestablished by the 1911 county road survey.
- was obliterated.
- was lost
- had been perpetuated with a stone.
Question 3 of 23

3. Question
What did John Bentley find in the Grays Harbor County road surveys?
- Ties to 4 corners determined to be lost by BLM.
- Allotment survey record.
- The report of an 1874 examination of Byles survey by GLO.
- Maps of the Chehalis River showing an avulsion near the cor. of secs. 5, 6, 31 & 32.
Question 4 of 23

4. Question
After receiving the Grays Harbor County road surveys/records from John Bentley’s BLM conducted an investigation and determined that:
- The records were not reliable.
- None of the corners points could be recovered.
- The county had no authority to survey on the Reservation.
- Three of the four corners were obliterated.
Question 5 of 23

5. Question
According to the Board, collateral evidence can be accepted as evidence of the original corner only if it is supported by:
- evidence of a bona fide belief that the corner is original.
- proper relation to known corners, agreement with the field notes, or unquestionable testimony.
- evidence that the corner has historically been used as the corner.
- all of the above
Question 6 of 23

6. Question
Section 31 was subdivided by the GLO in 1873. What procedure was used?
- They ran straight center lines with the Center ¼ at intersection. (Statutory method).
- They ran only the three E-W lines (3-mile method).
- They ran only the three N-S lines (3-mile method).
- They place the corners at record bearing and distance from the west boundary of the section (allotment method).
Question 7 of 23

7. Question
Hillstrom argued that the Secretary of the Interior had accepted the “stone” as the W1/16 sec. cor. of secs. 31 and 6 in 1924 because:
- the Assistant Secretary approved all surveys within the Reservation boundary.
- the road records were filed in the BIA Land Titles and Records Office.
- Garrard road was a federal road maintained by BIA.
- the Assistant Secretary approved the plan for Garrard Road.
Question 8 of 23

8. Question
What action did the Board take concerning John Bentley’s appeal?
- They accepted his appeal in the capacity of a friend of the court.
- They dismissed his appeal and did not consider his arguments.
- They accepted his appeal because he had an interest in the outcome.
- They recognized him as Hillstrom’s legal representative.
Question 9 of 23

9. Question
What method of proportioning is used for all lost section and quarter-section corners on a township boundary?
- 3-point
- Double proportion
- Single proportion.
- Intersection.
Question 10 of 23

10. Question
Why did BLM choose to reestablish the Center1/4 sec. cor. by single proportion in their 1994-2000 survey?
- They found no direct or collateral evidence of the corner.
- They found no physical evidence of the corner and could not verify the information found in the county road records.
- They found county road records do not report identifying marks on the original bearing tree.
- There was no remaining evidence of the bearing trees reported in the county road records.
Question 11 of 23

11. Question
What did BLM accept for the corner at the Center W1/16 sec. cor. in their 2010 corrective resurvey?
- The stone.
- The iron pipe.
- The concrete monument.
- The rebar.
Question 12 of 23

12. Question
In their 1994-2000 dependent resurvey, why did BLM reestablish the SW1/16 sec. cor. by single proportion E. and W. instead of at intersection?
- The tie found in the county road survey records was from the east.
- The section was originally subdivided by the 3-mile method.
- They identified a blunder in the original survey of the N-S center line of the SW1/4.
- The west half of the SW1/4 is lotted against the West boundary of the township.
Question 13 of 23

13. Question
What physical evidence of the W1/16 sec. cor. of secs. 6 & 31 did Bentley rely on to support his corner point?
- Remains of an old fence extending E-W.
- The stone reported in the county road records.
- The bearing tree reported in the county road records.
- No physical evidence was recovered.
Question 14 of 23

14. Question
A good definition for substantial evidence is:
- The conclusion is more likely to be true than not true.
- The conclusion is substantially more probable to be true than not
- Proof of such a convincing character that one would be willing to rely and act upon it without hesitation.
- Such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
Question 15 of 23

15. Question
A party who objects to a resurvey after the filing of the official survey plat is required to establish, by a preponderance of the evidence, that the resurvey:
- Was fraudulent.
- Was grossly erroneous or fraudulent.
- Was grossly erroneous.
- Did not close within limits.
Question 16 of 23

16. Question
According180 IBLA 388, Rudy Hillstrom, what constitutes “gross error”:
- Bearings or distances that are not within limits.
- A failure to conform the resurvey to the requirements of the Manual.
- Failure to accepted fence lines as evidence of the original survey.
- All of the above.
Question 17 of 23

17. Question
What did the Board say about a landowner’s bona fide belief concerning their boundary line?
- A bona fide belief can establish unwritten rights.
- A bona fide belief must be protected where it has existed for over 7 years.
- A bona fide belief is not the same as a bona fide right that must be protected.
- A bona fide belief is considered collateral evidence.
Question 18 of 23

18. Question
Testimony of individuals:
- will be given weight according to its completeness;
- will be given weight according to its agreement with the original field notes;
- will be tested by relating it to known original corners and other calls of the original field notes including topography.
- all of the above.
Question 19 of 23

19. Question
What was the main reason BLM rejected the point accepted by the county road surveys as the W1/16 sec. cor. of secs. 6 and 31?
- There is no evidence relating the corner to the original survey.
- The testimony of Hillstrom’s neighbor was not convincing.
- Hillstrom waited 8 years to protest the survey.
- According to the county records the stone was not marked.
Question 20 of 23

20. Question
Why did the Board not consider the fence line evidence of the original corner?
- There was no fence to the north.
- The fence followed the contour of the mountain.
- There is no evidence that the fence line was built based on an accepted corner or that the fence stated or terminated at established corners of the original survey.
- BLM presented evidence that the fence was a fence of convenience and had never been considers a property boundary.
Question 21 of 23

21. Question
How did the Board respond to Hillstrom’s claim that the county road records show that the stone had historically been used to mark position of the W1/16 sec. cor. of secs. 6 and 31?
- There is no evidence that the land owners relied on the stone as the corner.
- The record is clear that the Tribe has never accepted the stone as the corner.
- Errors in the county road surveys made it impossible to determine where the stone had been located.
- Evidence of historic use may be nothing more than evidence of a longstanding encroachment.
Question 22 of 23

22. Question
Who sits on the Interior Board of Land Appeals?
- Administrative law judges.
- Directors of Bureaus and Agencies within the Department of the Interior.
- Attorneys from the Office of the Solicitor.
- Circuit Court Judges.
Question 23 of 23

23. Question
GLO did not use the statutory method to subdivide sections on the Chehalis Reservation. Why could they legally use a different method?
- Washington was not yet a State, therefore Federal statutes did not apply.
- It was Federal land set aside for the Chehalis Indian Reservation.
- The 1867 Manual has special procedures for subdivision of section on Indian Reservations.
- The Benson Syndicate pressured the Surveyor General to approve the short cut method.

2015 New Mexico Conference – Hillstrom Test

2015 New Mexico Conference – Hillstrom Test

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