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ALTA/ACSM question
NSPS
Question:

The attorneys have asked for the additional wording, "Its successors & or assigns," to be added. Is this OK? We see a lot of this kind of request with mortgage companies being named on loans, as well as when they sell mortgages from one company to another.

Responses:

ALTA/ACSM Committee Chair perspective:
We have addressed "successors and assigns" in the past. Despite the phrasing often used ("the parties … and their successors and assigns") this is not about anyone other than the lender. And there is no harm in certifying to the lender's successors and assigns. If you want to charge an additional fee for that, do so, but there is not really any additional liability because you are liable to a lender for the length of the loan. If the original lender sells the loan to another entity, it does not lengthen the term of the loan and you are still liable to a lender.

Title companies do not need "successors and assigns." And any surveyor who certifies to the owner or buyer's successors and assigns is obviously not thinking about what that really means.

Title Insurance Provider Representative perspective:
A refinance loan is a new loan in my opinion. An amended loan may or may not be a new loan. You can amend a loan to change the payment date, where to mail payment, etc. which I don't think is necessarily a new loan. Just the original loan has been modified.

But I do agree with the Committee Chair that if the loan is extended or if there is a "material change" due to the amendment, then that could be considered a new loan.

As for "successors and assigns," the real issue will be if the surveyor is aware of the change, and is the surveyor OK with the change. There should be no increase in labiality exposure since the "successors and assigns" would be taking over for the original terms of the agreement. Those terms remain in place until, and if, the successors and assigns want to negotiate a change ... but the surveyor has the option not to agree to any changes.
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Surveyors Rendezvous 2015
SHS
The Surveyors Historical Society is proud to announce that registration for the 2015 Surveyors Rendezvous is now open. The event will take place in beautiful Bellingham, Washington Sept. 9-13. The theme, "Surveys & Surveyors of the Salish Sea" will focus on the history of international boundary surveys in the area. Numerous featured speakers will share their knowledge of the area and surveyors who worked there. On Friday, Sept. 11, registrants will enjoy a field trip to San Juan Island for a walking tour of American and English camps, and lectures onsite during this private tour of the national park. More information and online registration can be accessed by visiting www.surveyorshistoricalsociety.com and clicking on the Rendezvous link, or by contacting the SHS office at 614-798-5257.
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NSPS Radio Hour — June 22, 11 a.m. EDT
NSPS
Host Curt Sumner continues a series of shows highlighting the recently installed NSPS Vice-President; Secretary; and Treasurer. Join him June 22 for a conversation with Vice-President Jan Fokens (MI) and Secretary Tim Burch (IL).

If you are unable to listen to the show when it is being broadcast, listen to the archive of the show at http://www.radiosandysprings.com/showpages/ACSM.php. Archives for each show are typically available for listening within a few days after the show airs.

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PRODUCT SHOWCASE
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Federal regulations seek to restrict exports of LIDAR, SAR, imaging positioning systems
NSPS
Proposed regulations published by both the U.S. Department of State and the Department of Commerce would restrict exports of certain LIDAR, SAR, imaging, and positioning systems. This could negatively impact U.S. manufacturers of such equipment, as well as service firms that deploy LiDAR, imaging, or positioning equipment for use on overseas projects. Generally, this revision will move certain systems from the Department of Commerce export administration regulations (EAR) and its Commerce control list (CCL) to the Department of State's International Traffic in Arms Regulations (ITAR) list, which is generally much more restrictive. The deadline for public comments on the proposed rule is July 2.
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Congress seeks to reform reverse auction, design-build procurement
NSPS
Senators Rob Portman (R-OH) and Mazie Hirono (D-HI) introduced bipartisan legislation, S. 1526, the "Construction Consensus Procurement Improvement Act of 2015” to reform Federal acquisition policies concerning "reverse auctions" and "design-build" contracts to prohibit the use of reverse auctions for the acquisition of A-E services (including surveying and mapping services as defined in the Brooks Act), providing for the use of qualifications based selection (QBS), and reforming design-build, particularly to protect small businesses and subcontractors. The Senators also filed an amendment #SA1731 to add these reforms to the 2016 National Defense Authorization Act (NDAA), H.R. 1735, currently pending on the floor of the U.S. Senate. The reverse auction provision was included in the House version of the 2016 NDAA. Earlier this month, the White House released a memo on reverse auctions.
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Government report details need for reforming Federal real property management
NSPS
The Government Accountability Office (GAO) released a report that found the federal government's real property holdings are vast and diverse, costing billions of dollars annually to operate and maintain. One of the reasons GAO added this issue to its "High-Risk" list beginning in 2003 is because the Federal government lacked reliable real property data to support decision making. Since then, the government has given high-level attention to the issue, including establishing the Federal Real Property Profile (FRPP) to provide government-wide tracking of Federal buildings and structures. Despite these efforts, Federal agencies continue to face challenges in managing real property as the issue remains on GAO's High-Risk list. The Federal government continues to retain excess and underutilized property, and utilize unreliable data for its property-related decision making. To solve this problem, NSPS continues to advocate enacting S. 1225, the "Federal Land Asset Inventory Reform (FLAIR) Act."
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HUD releases online portal for geospatial datasets
NSPS
The Department of Housing and Urban Development (HUD) released its first iteration of its Geospatial Storefront. The online portal allows users to search for and discover HUD's geospatial datasets, application programming interfaces (APIs), web-based mapping applications, and other eGIS initiatives. The Storefront unifies public access to HUD’s portfolio of applications and geospatial data resources, including the 11 National Geospatial Data Asset (NGDA) data sets that HUD is currently contributing to the Federal geospatial data portfolio. The initial Storefront is focused on HUD's core geospatial data sets, but will soon include all of HUD's published geospatial data.
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Employment opportunities
NSPS
Employment opportunities are posted on the NSPS website.

New listings:
Environmental Service Laboratories - Indiana, PA - Civil Engineering Technician or Draftsman
George F. Young, Inc. - Lakewood Ranch, FL - Survey Crew Chief
George F. Young, Inc. - Lakewood Ranch, FL - Instrument Operator
KLJ - Bismarck, ND - Surveyor III - Crew Chief

Employers interested in posting job opportunities on the NSPS website should contact John D. Hohol at jhohol@gmail.com.



Upcoming seminars/conferences
NSPS
Due to the volume of requests we received to publish information about State Society conferences, use this link to access the information from the NSPS website.


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Highest peak in North America to be surveyed
GPS World
A new GPS survey of Mount McKinley, the highest point in North America, will update the commonly accepted elevation of McKinley's peak, 20,320 feet. The last survey was completed in 1953. The USGS, along with NOAA's National Geodetic Survey and the University of Alaska Fairbanks, are supporting a GPS survey of the Mount McKinley apex. Surveying technology and processes have improved greatly since the last survey and the ability to establish a much more accurate height now exists, the USGS said.
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Taking geospatial data where no network reaches
C4ISR & Networks
Getting geospatial data to combat personnel in remote locations has never been easy. In the era of handheld global positioning systems and other sophisticated technologies, people with access to broadband or 4G networks have a decided advantage — and yet, the data provides a needed strategic edge in locations where those technologies cannot reach.
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This startup is launching 60 satellites in space to take real-time photos of Earth
Geek Wire
A new Seattle-area startup wants to launch the largest satellite-imaging constellation ever deployed to help take pictures and videos of the Earth. BlackSky Global announced plans to send satellites into mid-latitude orbits — six in 2016, 60 by 2019 — and provide customers in a variety of industries with images of the planet in near real-time. BlackSky founder and CEO Jason Andrews described the company as a "Google Earth Live" that aims to democratize access to satellite imaging data.
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NGA adapts to new roles
C4ISR & Networks
The National Geospatial-Intelligence Agency is rapidly transforming itself from an organization that focuses on supplying maps and other geospatial products into an organization that's also expected to deliver fast and reliable analysis of geospatial data. C4ISR & Networks recently spoke with John Goolgasian, NGA's director, source operations and management directorate, for his view on how the agency is handling the transition and its role in a world of proliferating sensors, big data, mobile devices and shadowy, yet technologically savvy adversaries.
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News & Views

Colby Horton, Vice President of Publishing, 469.420.2601
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Dennis Hall, Executive Editor, 469.420.2656   
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