Title 209 · ORS Chapter 209

209.990���� Penalties; civil remedies ����� 209.005 Definitions. As used in this chapter, unless the context requires otherwise: ����� (1) �Control point� means a horizontal or vertical survey po

Citation: ORS 209.990

Section: 209.990

209.990���� Penalties; civil remedies

����� 209.005 Definitions. 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. [1989 c.394 �2; 1991 c.339 �1; 2005 c.230 �1]

����� 209.010 [Repealed by 1953 c.306 �18]

����� 209.015 Authority to enter upon land; no unnecessary damage; notice. (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. [1993 c.219 �2]

����� 209.020 Surveys on court order; fees. The county surveyor shall execute all orders directed to the surveyor by any court of record or county court for surveying roads, or surveying or resurveying any tract of land the title to which is in dispute before such court, and all orders of survey for the partition of real estate. The county surveyor may charge and collect a fee that will reimburse the county for work performed under this section. [Amended by 1979 c.653 �1; 1989 c.394 �4]

����� 209.030 Surveys on court order of land divided by county line; fees. When lands the title to which is in dispute before any court are divided by a county line, the court making an order of survey may direct such order to the surveyor of any county in which any part of such land is situated. The county surveyor may charge and collect a fee that will reimburse the county for work performed under this section. [Amended by 1989 c.394 �5]

����� 209.040 Substitution when county surveyor interested in land. When it appears that the county surveyor is interested in any tract of land, the title to which is in dispute before the court, the court shall direct the survey or resurvey to be made by a registered professional land surveyor, who is in nowise interested. The substitute surveyor shall be authorized to administer oaths in the same manner as the county surveyor, return the survey or resurvey on oath or affirmation and receive for the services the same fees that the county surveyor would receive for similar services. [Amended by 1979 c.653 �2; 1989 c.394 �6]

����� 209.050 [Amended by 1979 c.653 �3; repealed by 1981 c.111 �2]

����� 209.060 [Repealed by 1979 c.653 �18]

����� 209.070 Duties. The county surveyor of each county shall:

����� (1) Keep a fair and correct record of all surveys made by the county surveyor and deputies thereof and by the county road official, all surveys received pursuant to ORS