Letter to the Editor:
On June 11, 1965, the United States completed a historic equal-value land exchange with Joseph and Milma Perko involving parcels in the Boundary Waters Canoe Area (BWCA). Congress assigned the U.S. Forest Service responsibility for managing this and other BWCA land acquisitions.
After more than three years of detailed examination, the United States conveyed to the Perkos, in Deed Record No. 60, Lake County, Minnesota, “SECTION 28: The West 600 feet of the North 330 feet, and the East 250 feet of the North 300 feet of Lot One, containing three and 75 hundredths (3.75) acres, more or less.”
In return, the Perkos agreed to convey three parcels totaling 91 acres, all within what is now the Boundary Waters Canoe Area Wilderness.
However, the deed does not protect Lot One’s location if the original survey monument at its northeast corner in Section 28 is relocated.
The original 1965 exchange strongly favored the government and the BWCA, but 61 years later, it has proved far less favorable to the Perkos.
Before the 1965 land exchange was finalized, the U.S. Forest Service prepared documents, including a “plat” (its term), showing a monument at the common corner of Sections 21, 22, 27, and 28 in Fall Lake Township, Lake County.
Other Forest Service document records identify and confirm the “on the ground, on the face of the earth” boundaries of Lot One, then conveyed to the Perkos.
The facts contained within these signed government documents are just as if they were written across the face of the deed itself.
After the 1965 land exchange was completed, the Perkos had acquired, owned, and possessed the Lot One parcel in the northeast corner of Section 28 as documented.
Several additional documents also depict and describe the exclusive value- added access road constructed in 1962 crossing federal land and, directly (only) connecting to the northeast corner of Lot One.
Surveying principles conclude, a boundary line once granted and established remains fixed in its original position at the time granted and, through any series of subsequent conveyances.
Fast forward 45 years to 2010. It was then that new Forest Service employees, unaware of the history of how the BWCA came into existence or, of Perko’s 1965 land exchange, determined there had been an error in the location of the original survey monument placed at northeast corner of section 28; that also being the northeast corner of Lot One, the parcel the United States granted to the Perko’s in 1965.
The aftermath being the creation of a new-fledged 2010 Forest Service survey that determined a new, never agreed upon, location for Lot One; relocating the entire parcel west, out into the Garden Lake Reservoir, and disconnects from Lot One, the access road on the east.
That action “takes” granted land from Lot One and “re-grants” that land to different ownership.
This action marks the second time the Forest Service has attempted to locate the northeast corner of section 28.
First, for the purpose of finalizing the historic 1965 equal value land exchange. And the second time using inaccurate information based on the 1928 Minnesota Power and Light (now ALLETE) Elevation Survey rather than the updated 1929-1930 Federal Energy Regulatory Commission correction of the 1928 version.
And, more recently, ignoring ALLETE’s determination that the Elevation Survey was “generally aligned” and said survey was never intended to be used for the establishment of property boundaries.
My intent is not to criticize federal employees who understand this issue, but to rally public opposition to any alteration of the historic 1965 Perko–United States land exchange.
Make no mistake: replacing the documented 1965 Perko–United States land exchange involving BWCAW parcels would mean that the Forest Service and Congress had “backed-out” from the original 1965 agreement.
The Forest Service and Congress must take responsibility for honoring the documents they signed. By law, the perimeter boundaries of Government Lot 1 were created as determined and documented at the time of the historical land exchange.
If something is not done soon, the original 1965 Perko/USA equal value land exchange will be erased from existence, while at the same time creating a new and different land exchange designed to replace it.
I am unsure how best to conclude this letter, but one point is clear: the American public must speak out.
Without sustained public pressure, neither the Forest Service nor our elected officials are likely to act, particularly given the size of the voting block of federal employees in Minnesota.
Both of our Minnesota Senators have responded to this matter by saying “there is nothing they can do, the Forest Service is dug-in.”
Lawrence Thomforde
Zumbrota, MN
