§ 84-408 — State Surveyor; duties; surveys; prima facie evidence of correctness

The Board of Educational Lands and Funds shall refer to the State Surveyor all questions or inquiries relating to surveys, grievances or disputes growing out of conflicting surveys of lands or lots. The surveyor shall issue and prepare the advice, instruction and opinion, and issue the same under the approval of the board. In case a survey is petitioned for, he shall perform that duty and report the same with necessary notes and maps to the board. When such notes and maps are so approved, filed and recorded in the office of the county surveyor of the county in which the survey was had, such survey shall be prima facie evidence of the correctness thereof. It shall be the duty of the county surveyor to record and file such notes and maps in the county surveyor's records of the county in which the survey is made; Provided, any person or persons having an interest in the lands affected by such survey may appeal therefrom in the manner provided by law. The surveyor shall also prepare and issue, under the authority and direction of the board, a circular of instructions to the county surveyors of the state for their direction and guidance in the restoration and establishment of lines and preservation of corners in conformity with the laws, rules and regulations governing the surveys of the United States and established rules of surveying; and for the concise and comprehensive preparation and recording of field notes and maps of surveys. He shall also perform such other duties as the board may require.

Legislative History

Source: Laws 1903, c. 105, § 2, p. 576; R.S.1913, § 5564; C.S.1922, § 4868; C.S.1929, § 84-407; R.S.1943, § 84-408; Laws 1951, c. 340, § 2, p. 1125. Annotations: Retracement survey made by deputy state surveyor was prima facie evidence only of correctness thereof. McShane v. Murray, 106 Neb. 512, 184 N.W. 147 (1921).