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ORS Monument Removal...

June 19, 2008

Posted By JB Stahl on 6/19/2008 at 12:13 AM
 
There were some interesting comments regarding Oregon's statutes which deal with the removal of survey monuments. This statute was pointed to as a deterrent for "Weeding Pin Cushions."
 
I was doing a bit of research in preparation of a response to another post and ran across this statute. I thought it would be good for us to see what the law really says.
 
Following is a copy of the Oregon Statute which was referred to in the earlier post. There was a recent bill approved by the Oregon legislature, so the copy provided here shows the recent changes.

74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
 
LC 2386
House Bill 2714
 
Sponsored by Representative P SMITH (at the request of Professional Land Surveyors of Oregon)
A BILL FOR AN ACT Relating to land surveying; amending ORS 209.005, 209.015 and 209.150.
 
Be It Enacted by the People of the State of Oregon:
 
SECTION 1. ORS 209.005 is amended to read:

209.005. As used in this chapter, unless the context requires otherwise:

(1) 'Control point' means a horizontal or vertical survey position set within the stated precision of the survey.

(2) 'County surveyor' means an individual appointed or elected to the office of county surveyor and who is responsible for performing the duties of such office as described by law.

(3) 'Deputy county surveyor' means an individual appointed by the county surveyor to the office of deputy county surveyor.

(4) 'Geodetic control' means horizontal or vertical survey monuments that are primarily intended to be used as reference positions for other surveys or that serve to extend the national geodetic control network.

(5) 'Monument' means any permanent material object or collection of objects, either natural or man-made, that indicates the position on the ground of a survey station, public land survey corner or accessories, or a land boundary corner { - established by a qualified surveyor - } .

(6) 'Public land survey corner' means a section corner, one-quarter section corner, Donation Land Claim corner, meander corner, witness corner or any other corner established by the General Land Office or its successor.

(7) 'Registered professional land surveyor' has the meaning given that term in ORS 672.002.

SECTION 2. ORS 209.015 is amended to read:

209.015.
 
(1) Subject to subsection (3) of this section, the county surveyor, and employees and agents of the county surveyor, may enter upon any land for the purpose of surveying or performing any work necessary to carry out existing laws and may establish permanent survey monuments.

(2) Any person exercising the right of entry granted under subsection (1) of this section shall do so with no unnecessary damage to the land entered upon.

(3) A county surveyor or any employee or agent of the county surveyor shall not enter upon or establish any permanent survey monument upon any property without first providing notice to the landowner or { - landowners and - } the occupant of the property.

SECTION 3. ORS 209.150 is amended to read:

209.150.
(1) Any person or public agency removing, disturbing { + , + } { - or - } destroying { + or paving over + } any survey monument of record in the office of the county surveyor or county clerk shall cause a registered professional land surveyor to reference and replace the monument within 90 days of the removal, disturbance { + , + } { - or - } destruction { + or paving + }. The registered professional land surveyor referencing and replacing the monument shall do so in the same manner that is provided for public land survey corners according to ORS 209.140 and shall notify the county surveyor of that action within two business days. The costs of referencing and replacing the survey monument shall be paid by the person or public agency causing the removal, disturbance { + , + } { - or - } destruction { + or paving + }.

(2) Notwithstanding subsection (1) of this section, a county surveyor may, upon written request and written notice to an affected property owner, provide written authorization to a registered professional land surveyor to remove a survey monument other than a public land survey corner as defined in ORS 209.005. A county surveyor may require that the position of the removed monument be referenced to another survey monument and noted on a survey map filed in accordance with ORS 209.250.

{ + (3) A registered professional land surveyor, or the surveyor's agent, may recover survey monuments in a public right of way. A public body, as defined in ORS 174.109, may not charge the registered professional land surveyor a fee for recovering survey monuments in the public right of way. + }

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It seems that the statute does not prevent the removal of the monuments, but instead focuses on the documentation of monument positions WHEN monuments are removed. The statute seems to be excellently written and quite functional. I don't see where it would prevent the "Weeding of Pincushions" as long as the former monument positions were removed, 1) by or under the authority of the landowners, and 2) when the proper documentation by corner record and/or survey record as required by the statue.
 
JBS
Modified By JB Stahl on 6/19/2008 at 12:13 AM