Factors for Applying the General Rule

Burt A. Wackerly et al
73 I.D. 280 (1960)

For non-fraudulent conditions, determination of whether a particular situation falls within the general rule or exceptions to it is difficult to make in close cases.

Four factors have consistently been used in making this decision.

These factors were outlined in the Wackerly Department of Interior Decision of 1966.

• First, the area of land omitted as compared with the area patented is a strong factor. More will be said about this condition in a few minutes.
• A second factor is the value of the land at the time of the original survey.
• A third factor is the difficulty involved in surveying the land due to its topography.
• And the last factor is the distance of the original meander line from the actual water line.