ORS Chapter 209 - Oregon Statutes

Chapter 209 — CountySurveyors

 

2009 EDITION

 

 

COUNTYSURVEYORS

 

COUNTIESAND COUNTY OFFICERS

 

209.005     Definitions

 

209.015     Authorityto enter upon land; no unnecessary damage; notice

 

209.020     Surveyson court order; fees

 

209.030     Surveyson court order of land divided by county line; fees

 

209.040     Substitutionwhen county surveyor interested in land

 

209.070     Dutiesin respect to surveys

 

209.080     Compensationof county surveyor

 

209.090     Procuringand filing copies of plats and field notes of United States surveys; copies asevidence

 

209.100     Administeringoaths

 

209.115     Qualificationsof county surveyor

 

209.130     Establishmentof corners; references; additional reference using coordinate system

 

209.140     Necessaryinterference with corners; prior notice to county surveyor required; exceptionfor emergency; fees

 

209.150     Removalor destruction of monument; notice to county surveyor; replacement of monument;exception

 

209.155     Removalor destruction of monument during road construction; survey map in lieu of replacement;delineation of newly defined right of way

 

209.200     Resurveyof government-surveyed lands

 

209.220     Oathtaken by employees

 

209.230     Materialsand equipment for certain purposes

 

209.250     Surveyby registered land surveyor; requirements for map, narrative or report ofsurvey; waiver of required filing; effect of noncompliance

 

209.255     Amendmentof survey map or narrative by affidavit of correction; preparation,certification and recording of affidavit

 

209.260     Feefor filing and indexing maps or reports of surveys

 

209.270     Recordsof county surveyor; location; accessibility

 

209.300     Abandonmentof railroad line; notice to county surveyor; request for copies of plats

 

209.990     Penalties;civil remedies

 

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

      (1)“Control point” means a horizontal or vertical survey position set within thestated precision of the survey.

      (2)“County surveyor” means an individual appointed or elected to the office ofcounty surveyor and who is responsible for performing the duties of such officeas described by law.

      (3)“Deputy county surveyor” means an individual appointed by the county surveyorto the office of deputy county surveyor.

      (4)“Geodetic control” means horizontal or vertical survey monuments that areprimarily intended to be used as reference positions for other surveys or thatserve to extend the national geodetic control network.

      (5)“Monument” means any permanent material object or collection of objects, eithernatural or man-made, that indicates the position on the ground of a surveystation, public land survey corner or accessories, or a land boundary cornerestablished 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 cornerestablished by the General Land Office or its successor.

      (7)“Registered professional land surveyor” has the meaning given that term in ORS672.002. [1989 c.394 §2; 1991 c.339 §1; 2005 c.230 §1]

 

      209.010 [Repealed by1953 c.306 §18]

 

      209.015Authority to enter upon land; no unnecessary damage; notice. (1) Subject tosubsection (3) of this section, the county surveyor, and employees and agentsof the county surveyor, may enter upon any land for the purpose of surveying orperforming any work necessary to carry out existing laws and may establishpermanent survey monuments.

      (2)Any person exercising the right of entry granted under subsection (1) of thissection 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 notenter upon or establish any permanent survey monument upon any property withoutfirst providing notice to the landowner or landowners and the occupant of theproperty. [1993 c.219 §2]

 

      209.020Surveys on court order; fees. The county surveyor shall execute allorders directed to the surveyor by any court of record or county court forsurveying roads, or surveying or resurveying any tract of land the title towhich is in dispute before such court, and all orders of survey for thepartition of real estate. The county surveyor may charge and collect a fee thatwill reimburse the county for work performed under this section. [Amended by1979 c.653 §1; 1989 c.394 §4]

 

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

 

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

 

      209.050 [Amended by1979 c.653 §3; repealed by 1981 c.111 §2]

 

      209.060 [Repealed by1979 c.653 §18]

 

      209.070Duties in respect to surveys. The county surveyor of each countyshall:

      (1)Keep a fair and correct record of all surveys made by the county surveyor anddeputies thereof and by the county road official, all surveys received pursuantto ORS 209.250 and all surveys under ORS 368.106 or 368.206.

      (2)Number progressively all surveys received and state by whom and, if provided,for whom made.

      (3)Provide a copy of any survey to any person or court requiring the same, onpayment of the fee allowed by law.

      (4)Make all surveys of legal subdivisions with reference to the current UnitedStates Manual of Surveying Instructions.

      (5)Establish or reestablish and maintain all public land survey corners, whereevidence of the corners can be found and the corners can be positively located,and keep a separate record of the corners, giving the dates and names ofpersons present. When so established or reestablished such corner monumentsshall be recognized as the legal and permanent corners.

      (6)Establish or reestablish, upon order of the county court or board of countycommissioners, all public land survey corners where all physical evidence isdestroyed or cannot be found but where the official government notes areavailable, the corners to be reestablished in the manner provided in ORS209.130 for establishing corners, and keep a separate record of the same,giving the date and names of persons present, and turn such record over to thesurveyor’s successor. When so established or reestablished such cornermonuments shall be recognized as the legal and permanent corners.

      (7)At the expiration of the term of office transfer all records to the successor. [Amendedby 1979 c.653 §4; 1981 c.153 §56; 1985 c.582 §7; 1989 c.394 §7; 1997 c.489 §9]

 

      209.080Compensation of county surveyor. The compensation for the countysurveyor shall be as determined by the county court or board of countycommissioners, and paid out of the county treasury upon order of the countycourt. [Amended by 1979 c.653 §5; 1981 c.111 §1; 1989 c.394 §8]

 

      209.090Procuring and filing copies of plats and field notes of United States surveys;copies as evidence.(1) The county court shall procure from the Bureau of Land Management a copy ofthe field notes and plats of all surveys and resurveys of public lands oftownships, sections, Donation Land Claims, mineral claims, homesteads, meanderlines or other similar surveys lying within its county. These shall includecopies of the official plats and field notes of the survey and shall be filedin the office of the county surveyor.

      (2)Copies, certified by the county surveyor, of copies of such field notes orplats filed in the office of the county surveyor by the county court shall beprima facie evidence. [Amended by 1979 c.653 §6; 1989 c.394 §9]

 

      209.100Administering oaths.The county surveyor or a deputy may administer the oaths or affirmationsnecessary to the legal establishment of roads and other surveys, and to takethe evidence of any person who may be produced to prove any point material tosuch survey. [Amended by 1979 c.653 §7]

 

      209.110 [Repealed by1979 c.653 §18]

 

      209.115Qualifications of county surveyor. An individual is not eligible to holdthe office of county surveyor or deputy county surveyor unless the individualis a registered professional land surveyor. [1989 c.394 §3]

 

      209.120 [Repealed by 1979c.653 §18]

 

      209.130Establishment of corners; references; additional reference using coordinatesystem.(1) In the establishment or reestablishment of a public land survey corner, thecounty surveyor shall set a monument of durable quality. When a monument cannotbe set at the exact corner position or it is not practicable to set a monument,then a witness corner monument shall be set.

      (2)Section corners, Donation Land Claim corners, center corners andquarter-section corners shall be witnessed by at least four references. Meandercorners, angle point corners or other approved public land survey corners shallbe witnessed by at least two references. References shall be of durablequality. All references shall be carefully described, and their bearings anddistances noted in the report or on the survey.

      (3)For the purpose of providing an additional reference, the county surveyor may,when maintaining or reestablishing survey corners, establish coordinates onpublic land survey corners using an Oregon Coordinate System pursuant to ORS93.320 or another coordinate system, adopted by the appropriate public agency,that can be referenced directly to a geodetic control monument. [Amended by1979 c.653 §8; 1989 c.394 §10; 2001 c.391 §1; 2005 c.230 §4]

 

      209.140Necessary interference with corners; prior notice to county surveyor required;exception for emergency; fees. (1) Any person or public agency thatfinds it necessary to interfere with or pave over any established public landsurvey corner or accessories for any reason, shall notify the county surveyorprior to the interference, who shall lower and witness the monument, or placeanother monument and witness over the existing monument or reference andreplace or set a witness monument, as the case may demand, and record theproceedings in the record of permanent surveys. The county surveyor may chargea fee in an amount that will reimburse the county for the work performed.

      (2)When an emergency exists and the county surveyor is unavailable, the person or publicagency causing the interference shall cause a registered professional landsurveyor to preserve the monument as required in subsection (1) of thissection. The registered professional land surveyor referencing the monumentshall notify the county surveyor of the references within two business daysafter the references or interference, whichever occurs first. [Amended by 1979c.653 §9; 1985 c.582 §8; 1989 c.394 §11]

 

      209.150Removal or destruction of monument; notice to county surveyor; replacement ofmonument; exception.(1) Any person or public agency removing, disturbing or destroying any surveymonument of record in the office of the county surveyor or county clerk shallcause a registered professional land surveyor to reference and replace the monumentwithin 90 days of the removal, disturbance or destruction. The registeredprofessional land surveyor referencing and replacing the monument shall do soin the same manner that is provided for public land survey corners according toORS 209.140 and shall notify the county surveyor of that action within twobusiness days. The costs of referencing and replacing the survey monument shallbe paid by the person or public agency causing the removal, disturbance ordestruction.

      (2)Notwithstanding subsection (1) of this section, a county surveyor may, uponwritten request and written notice to an affected property owner, providewritten authorization to a registered professional land surveyor to remove asurvey monument other than a public land survey corner as defined in ORS209.005. A county surveyor may require that the position of the removedmonument be referenced to another survey monument and noted on a survey mapfiled in accordance with ORS 209.250. [Amended by 1979 c.653 §10; 1989 c. 394 §12;1991 c.339 §2; 1997 c.336 §3; 1997 c.489 §10]

 

      209.155Removal or destruction of monument during road construction; survey map in lieuof replacement; delineation of newly defined right of way. (1)Notwithstanding ORS 209.150, when a recorded survey monument, other than apublic land survey corner, is removed, destroyed or disturbed as a result ofconstruction or reconstruction of a public road, the survey monument does nothave to be replaced if:

      (a)The original location of the recorded survey monument is within the new rightof way; and

      (b)The person or public agency responsible for the construction or reconstructioncauses a registered professional land surveyor to locate any survey monumentsthat are subject to removal, destruction or disturbance and to file a map,prior to the beginning of construction, with the county surveyor thatidentifies all existing recorded monuments, the existing right of way andcontrolling centerline and the survey control used to comply with this section.

      (2)The newly defined right of way may be delineated by either of the followingmethods:

      (a)All control points that define the right of way centerline are monumented orreferenced with monuments. The right of way boundary is monumented at all anglepoints, points of curve, points of tangency and at least every 1,000 feet onlong curves and tangents. A survey that identifies the survey control and thenew right of way and controlling centerline shall be filed with the countysurveyor within 180 days after completion of construction.

      (b)A permanent survey control point network is established referencing the newright of way and controlling centerline. The network shall consist of at leastthree control monuments and must span the length of the project. Each controlmonument shall be intervisible with at least two other control monuments. Atleast two monuments on the network must be part of the original control used tolocate the monuments described in subsection (1)(b) of this section. A mapidentifying the control network and the new right of way and controllingcenterline shall be filed with the county surveyor within 180 days aftercompletion of construction.

      (3)The types of monuments shall be as described in ORS 92.060.

      (4)The survey maps required by this section shall comply with ORS 209.250 and anyother requirement of law.

      (5)For the purpose of complying with subsection (1)(b) of this section, locating asurvey monument may consist of establishing coordinates on the monument. Thesecoordinates may be Oregon State Plane coordinates, Local Datum Planecoordinates or other coordinates compatible with those coordinates shown on thesurvey.

      (6)For the purpose of complying with this section, the date of completion ofconstruction shall be considered to be the date when all substantial roadimprovements are completed. [1997 c.336 §2]

 

      209.160 [Amended by1979 c.653 §11; repealed 1981 c.111 §2]

 

      209.170 [Amended by1979 c.653 §12; repealed by 1981 c.111 §2]

 

      209.180 [Repealed by1979 c.653 §18]

 

      209.190 [Repealed by 1981c.111 §2]

 

      209.200Resurvey of government-surveyed lands. In the resurvey of lands surveyed underthe authority of the United States, the county surveyor or a registeredprofessional land surveyor shall observe the following rules:

      (1)Section and quarter-section corners, and all other corners established andapproved by the General Land Office or its successors, must stand as the legaland permanent corners.

      (2)A legal and permanent corner must be reestablished at the identical spot wherethe original corner was located by the government survey, when the identicalspot can be determined.

      (3)When the identical spot cannot be determined, the legal and permanent cornermust be reestablished with reference to the current United States Manual ofSurveying Instructions. [Amended by 1979 c.653 §13; 1989 c.394 §13; 2007 c.71 §70]

 

      209.210 [Repealed by1979 c.653 §18]

 

      209.220Oath taken by employees. Each person employed by the county surveyor or adeputy shall, before commencing the duty assigned, take an oath or affirmationfaithfully and impartially to execute the duties of employment. The countysurveyor or a deputy shall administer the oath or affirmation of each employee.[Amended by 1979 c.653 §14]

 

      209.230Materials and equipment for certain purposes. The county surveyor shallprocure at the expense of the county the materials and requisites for carryinginto effect ORS 209.100 to 209.230. The county court shall pay for the same andall expenses incurred therein out of the general fund of the county.

 

      209.240 [Amended by1979 c.653 §15; repealed by 1981 c.111 §2]

 

      209.250Survey by registered land surveyor; requirements for map, narrative or reportof survey; waiver of required filing; effect of noncompliance. (1) Aregistered professional land surveyor making a survey of lands within thisstate wherein the surveyor establishes or reestablishes a boundary monumentshall, within 45 days thereafter, submit for filing a permanent map of thesurvey to the county surveyor for review. When filed, the map is a permanentpublic record in the office of the county surveyor. In establishing orreestablishing a public land survey corner, the surveyor shall comply with ORS209.070 (4), 209.130 and 209.200. If the surveyor is unable to complete thesurvey and submit a permanent map within 45 days, the surveyor shall, within 45days of establishing or reestablishing a boundary monument, provide writtennotice to the county surveyor containing the reasons for the delay, an estimateof the amount of time reasonably necessary to complete the survey but notexceeding 180 days, and a temporary map showing the position of monumentsestablished or reestablished.

      (2)The permanent map must have a written narrative that may be on the face of themap. If the narrative is a separate document, the map and narrative must bereferenced to each other. The map and narrative must be made on a suitabledrafting material in the size required by the county surveyor. The lettering onthe map and narrative must be of sufficient size and clarity to be reproducedclearly. The narrative must explain the purpose of the survey and how theboundary lines or other lines were established or reestablished and must statewhich deed records, deed elements, survey records, found survey monuments, platrecords, road records or other pertinent data were controlling whenestablishing or reestablishing the lines. If the narrative is a separatedocument, the narrative must also contain the following:

      (a)Location of survey by one-fourth section, Township and Range.

      (b)The date of survey.

      (c)The surveyor’s seal and original signature.

      (d)The surveyor’s business name and address.

      (3)A permanent map must show the following:

      (a)Location of survey by one-fourth section, Township and Range.

      (b)The date of survey.

      (c)Scale of drawing and North Arrow.

      (d)The distance and course of all lines traced or established, giving the basis ofbearing and the measured distance and course to a monumented section corner,one-quarter corner, one-sixteenth corner or Donation Land Claim corner inTownship and Range, or to a monumented lot or parcel corner or boundary cornerof a recorded subdivision, partition or condominium.

      (e)Measured bearings, angles and distances that are used as a basis forestablishing or reestablishing lines or monuments separately indicated fromthose of record together with the recording reference. Metric measurements maybe used if a conversion to feet is provided.

      (f)Monuments set and their relation to older monuments found. A detaileddescription of monuments found and set must be included and monuments set mustbe separately indicated from those found.

      (g)The surveyor’s seal and original signature.

      (h)The surveyor’s business name and address.

      (4)(a)Within 30 days of receiving a permanent map under this section, the countysurveyor shall review the map to determine if it complies with subsections (1),(2) and (3) of this section and applicable local ordinances. A map must beindexed by the county surveyor within 30 days following a determination thatthe map is in compliance with this section. A survey prepared by the countysurveyor in an official or private capacity must comply with subsections (1),(2) and (3) of this section.

      (b)A survey map found not to be in compliance with subsection (1), (2) or (3) ofthis section must be returned within 30 days of receipt for correction to thesurveyor who prepared the map. The surveyor shall return the corrected surveymap to the county surveyor within 30 days of receipt of the survey map from thecounty surveyor.

      (c)A map that is not corrected within the specified time period must be forwardedto the State Board of Examiners for Engineering and Land Surveying for action,as provided in subsection (11) of this section.

      (d)An action may not be maintained against the county surveyor for recording asurvey map that does not comply with this section.

      (e)An action may not be maintained against the county surveyor for refusal to filea survey map that does not comply with this section.

      (5)(a)When a survey within this state is funded entirely or in part by public fundsand the survey results in the establishment of horizontal or vertical monumentsfor geodetic control, the registered professional land surveyor performing thesurvey, within 45 days after completion of the survey, shall file a report ofthe survey with the county surveyors of those counties where the newlyestablished monuments are located.