From Deseret News archives:

Bluffdale landowners blast BLM survey

Published: Friday, Jan. 13, 2006 12:00 a.m. MST
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A surveying mistake dating to 1856 has caused consternation to a Bluffdale landowner who says he can't develop or sell his property because the Bureau of Land Management says the acreage really belongs to the federal government.

Rep. Chris Cannon , R-Utah, has weighed in on behalf of landowners in the area, which is close to Camp Williams, sending a letter to BLM director Kathleen Clark over the issue.

Cannon said the BLM claim is inconsistent with "long-recognized and firmly-documented property lines."

A press release from Cannon's office says a new survey, carried out by the BLM in 2001, affects more than 240 acres occupied by private people and local government. It also could change property descriptions of utility easements, roads and irrigation rights of way, he added.

"I am concerned that the survey is the result of inaccurate data and will affect the rights of the county and numerous private property owners in a potentially damaging manner," Cannon wrote. "Accordingly, I request that the survey be withdrawn and that the BLM discontinue any action."

However, Glenn Carpenter — manager of the BLM's Salt Lake Field Office — defends the new survey. It was made at the request of Camp Williams, he said.

Before Utah became a state, he said, surveyed lines did not come together as they were supposed to. "That means that there is unsurveyed land," he said.

Such property, technically called a hiatus, "almost by definition is federal land," he said.

Since the resurvey in 2001, discussion has taken place with Salt Lake County and others, he added.

Just because the county surveyor may disagree with the results, he added, "that does not mean the (new) survey is incorrect. It may or may not be the answer they or anybody wanted, but it does not mean the survey is incorrect."

No homes are on the land in question.

The dispute could be settled by selling the land to the adjacent landowners at fair market value, or Congress could pass legislation that would award the land to those who always thought they owned it.

Keven Ondrak, who retired from the Army in 1995, said he bought some undeveloped private property in Bluffdale in 1988, and believed there was no problem with the title.

Now, he finds the BLM contends the original survey is off by 990 feet. Other properties in the area also are affected, he said.

Buying the land from the federal government is "not even an option," he said. "That's unacceptable."

While legislation may be a last-case scenario, said Ondrak, "I'm hoping the BLM will wake up on this last letter from the congressman and realize they have made a mistake."

The BLM has known since 1870 that the original survey was off, he said, and that is documented in the Salt Lake County surveyor's office.

If there's a problem the BLM should take care of it, Ondrak added. "Why now, after 150 years, are you (BLM) coming to us as private landowners?"


E-mail: bau@desnews.com

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