Lucas & Company, LLC

Ethics XXIII



Ethics XXIII – 1.5 Contact Hours

The case-in-chief is Romain v. Stael, Minnesota Court of Appeals 2005. This is a case involving a surveyor using calculations and proportionate measurements instead of professional judgment. When a resurvey is made of sections, quarter-sections, etc., originally established by United States Government Survey, the aim of the resurvey must be to retrace and relocate the lines and corners of the original survey. Double-proportionate measurement is a standard surveying procedure when corners marking section boundaries are lost. But it is proper surveying techniques not to use the proportional measurement system until all efforts at finding the location of an obliterated monument by collateral evidence have failed. In this case, no effort was made to find collateral evidence. The surveyor testified at trial that he used “the proportional measurement system without personally investigating if there was any collateral evidence of the correct boundary line.” Is this ethical or unethical behavior? The National Society of Professional Surveyor’s (NSPS) “Surveyor’s Creed and Canons” (NSPS Creed) is our ethics barometer. This is a 2-Page Letter covering one Appellate Court opinion consisting of 8 pages. This is a 10-Page document with a 10-Question examination based on the text of the newsletter, the NSPS Creed, and the opinion.

OBJECTIVES: To present everyday professional ethical issues based on actual court cases and opinions, resulting in real consequences for the professional(s) and the other parties involved.