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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 20 COUNTIES AND COUNTY OFFICERS
Chapter : Chapter 209 County Surveyors
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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](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] 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]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] 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] 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 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, on payment of the fee allowed by law.
(4) Make all surveys of legal subdivisions with reference to the
current United States Manual of Surveying Instructions.
(5) Establish or reestablish and maintain all public land survey
corners, where evidence 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 of persons present. When so established or
reestablished such corner monuments shall be recognized as the legal and
permanent corners.
(6) Establish or reestablish, upon order of the county court or
board of county commissioners, all public land survey corners where all
physical evidence is destroyed or cannot be found but where the official
government notes are available, the corners to be reestablished in the
manner provided in ORS 209.130 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 the surveyor’s successor. When so
established or reestablished such corner monuments shall be recognized as
the legal and permanent corners.
(7) At the expiration of the term of office transfer all records to
the successor. [Amended by 1979 c.653 §4; 1981 c.153 §56; 1985 c.582 §7;
1989 c.394 §7; 1997 c.489 §9] The compensation for the
county surveyor shall be as determined by the county court or board of
county commissioners, and paid out of the county treasury upon order of
the county court. [Amended by 1979 c.653 §5; 1981 c.111 §1; 1989 c.394 §8](1) The county court shall
procure from the Bureau of Land Management a copy of the field notes and
plats of all surveys and resurveys of public lands of townships,
sections, Donation Land Claims, mineral claims, homesteads, meander lines
or other similar surveys lying within its county. These shall include
copies of the official plats and field notes of the survey and shall be
filed in the office of the county surveyor.
(2) Copies, certified by the county surveyor, of copies of such
field notes or plats filed in the office of the county surveyor by the
county court shall be prima facie evidence. [Amended by 1979 c.653 §6;
1989 c.394 §9] The county surveyor or a deputy may
administer the oaths or affirmations necessary to the legal establishment
of roads and other surveys, and to take the evidence of any person who
may be produced to prove any point material to such survey. [Amended by
1979 c.653 §7] An individual is not
eligible to hold the office of county surveyor or deputy county surveyor
unless the individual is a registered professional land surveyor. [1989
c.394 §3](1) In the establishment or reestablishment of a
public land survey corner, the county surveyor shall set a monument of
durable quality. When a monument cannot be 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
and quarter-section corners shall be witnessed by at least four
references. Meander corners, angle point corners or other approved public
land survey corners shall be witnessed by at least two references.
References shall be of durable quality. All references shall be carefully
described, and their bearings and distances 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 on public land survey corners using an Oregon
Coordinate System pursuant to ORS 93.320 or another coordinate system,
adopted by the appropriate public agency, that can be referenced directly
to a geodetic control monument. [Amended by 1979 c.653 §8; 1989 c.394
§10; 2001 c.391 §1; 2005 c.230 §4](1) Any person or
public agency that finds it necessary to interfere with or pave over any
established public land survey corner or accessories for any reason,
shall notify the county surveyor prior to the interference, who shall
lower and witness the monument, or place another monument and witness
over the existing monument or reference and replace or set a witness
monument, as the case may demand, and record the proceedings in the
record of permanent surveys. The county surveyor may charge a 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 public agency causing the interference shall
cause a registered professional land surveyor to preserve the monument as
required in subsection (1) of this section. The registered professional
land surveyor referencing the monument shall notify the county surveyor
of the references within two business days after the references or
interference, whichever occurs first. [Amended by 1979 c.653 §9; 1985
c.582 §8; 1989 c.394 §11](1) Any person or public
agency removing, disturbing or destroying 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. 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.
(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. [Amended by 1979 c.653 §10; 1989 c. 394 §12; 1991 c.339
§2; 1997 c.336 §3; 1997 c.489 §10](1) Notwithstanding ORS 209.150, when a recorded
survey monument, other than a public land survey corner, is removed,
destroyed or disturbed as a result of construction or reconstruction of a
public road, the survey monument does not have to be replaced if:
(a) The original location of the recorded survey monument is within
the new right of way; and
(b) The person or public agency responsible for the construction or
reconstruction causes a registered professional land surveyor to locate
any survey monuments that are subject to removal, destruction or
disturbance and to file a map, prior to the beginning of construction,
with the county surveyor that identifies all existing recorded monuments,
the existing right of way and controlling 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 following methods:
(a) All control points that define the right of way centerline are
monumented or referenced with monuments. The right of way boundary is
monumented at all angle points, points of curve, points of tangency and
at least every 1,000 feet on long curves and tangents. A survey that
identifies the survey control and the new right of way and controlling
centerline shall be filed with the county surveyor within 180 days after
completion of construction.
(b) A permanent survey control point network is established
referencing the new right of way and controlling centerline. The network
shall consist of at least three control monuments and must span the
length of the project. Each control monument shall be intervisible with
at least two other control monuments. At least two monuments on the
network must be part of the original control used to locate the monuments
described in subsection (1)(b) of this section. A map identifying the
control network and the new right of way and controlling centerline shall
be filed with the county surveyor within 180 days after completion 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 any other requirement of law.
(5) For the purpose of complying with subsection (1)(b) of this
section, locating a survey monument may consist of establishing
coordinates on the monument. These coordinates may be Oregon State Plane
coordinates, Local Datum Plane coordinates or other coordinates
compatible with those coordinates shown on the survey.
(6) For the purpose of complying with this section, the date of
completion of construction shall be considered to be the date when all
substantial road improvements are completed. [1997 c.336 §2] In the resurvey of
lands surveyed under the authority of the United States, the county
surveyor or a registered professional land surveyor shall observe the
following rules:
(1) Section and quarter-section corners, and all other corners
established and approved by the General Land Office or its successors,
must stand as the legal and permanent corners.
(2) They must be reestablished at the identical spot where the
original corner was located by the government survey, when this can be
determined.
(3) When this cannot be done, then such corners must be
reestablished with reference to the current United States Manual of
Surveying Instructions. [Amended by 1979 c.653 §13; 1989 c.394 §13] Each person employed by the county
surveyor or a deputy shall, before commencing the duty assigned, take an
oath or affirmation faithfully and impartially to execute the duties of
employment. The county surveyor or a deputy shall administer the oath or
affirmation of each employee. [Amended by 1979 c.653 §14] The county
surveyor shall procure at the expense of the county the materials and
requisites for carrying into effect ORS 209.100 to 209.230. The county
court shall pay for the same and all expenses incurred therein out of the
general fund of the county.(1) A registered professional land surveyor making a
survey of lands within this state wherein the surveyor establishes or
reestablishes a boundary monument shall, within 45 days thereafter,
submit for filing a permanent map of the survey to the county surveyor
for review. When filed, the map is a permanent public record in the
office of the county surveyor. In establishing or reestablishing a public
land survey corner, the surveyor shall comply with ORS 209.070 (4),
209.130 and 209.200. If the surveyor is unable to complete the survey and
submit a permanent map within 45 days, the surveyor shall, within 45 days
of establishing or reestablishing a boundary monument, provide written
notice to the county surveyor containing the reasons for the delay, an
estimate of the amount of time reasonably necessary to complete the
survey but not exceeding 180 days, and a temporary map showing the
position of monuments established or reestablished.
(2) The permanent map must have a written narrative that may be on
the face of the map. If the narrative is a separate document, the map and
narrative must be referenced to each other. The map and narrative must be
made on a suitable drafting material in the size required by the county
surveyor. The lettering on the map and narrative must be of sufficient
size and clarity to be reproduced clearly. The narrative must explain the
purpose of the survey and how the boundary lines or other lines were
established or reestablished and must state which deed records, deed
elements, survey records, found survey monuments, plat records, road
records or other pertinent data were controlling when establishing or
reestablishing the lines. If the narrative is a separate document, 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 of bearing and the measured distance and course to a
monumented section corner, one-quarter corner, one-sixteenth corner or
Donation Land Claim corner in Township and Range, or to a monumented lot
or parcel corner or boundary corner of a recorded subdivision, partition
or condominium.
(e) Measured bearings, angles and distances that are used as a
basis for establishing or reestablishing lines or monuments separately
indicated from those of record together with the recording reference.
Metric measurements may be used if a conversion to feet is provided.
(f) Monuments set and their relation to older monuments found. A
detailed description of monuments found and set must be included and
monuments set must be 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 county surveyor 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 be indexed by the county surveyor within 30
days following a determination that the map is in compliance with this
section. A survey prepared by the county surveyor 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) of this section must be returned within 30 days of receipt for
correction to the surveyor who prepared the map. The surveyor shall
return the corrected survey map to the county surveyor within 30 days of
receipt of the survey map from the county surveyor.
(c) A map that is not corrected within the specified time period
must be forwarded to 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 a survey map that does not comply with this section.
(e) An action may not be maintained against the county surveyor for
refusal to file a 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 funds and the survey results in the establishment of
horizontal or vertical monuments for geodetic control, the registered
professional land surveyor performing the survey, within 45 days after
completion of the survey, shall file a report of the survey with the
county surveyors of those counties where the newly established monuments
are located.
(b) Notwithstanding paragraph (a) of this subsection, the governing
body of a county may, by resolution or order, waive the filing of the
report of the survey.
(6) A report required by subsection (5)(a) of this section may
include maps or diagrams. The maps or diagrams, if included, must be
referenced to each other. The report must contain the following:
(a) The name and number of each newly established geodetic control
monument.
(b) Location of newly established geodetic control monuments by
Section, Township and Range.
(c) Location of the horizontal component of geodetic control
monuments by the Oregon Coordinate System as described in ORS 93.320 and
93.330, including the scale factor, combined scale factor, convergence
and geographic or geodetic coordinates, indicating datum used.
(d) Location of the vertical component of geodetic control
monuments by orthometric height, ellipsoidal height and geoidal
separation, indicating datum used.
(e) The date of survey.
(f) The business name and address of the surveyor.
(g) A description of all monuments set or found, including
narrative or graphic information sufficient to locate the monuments.
(h) A statement explaining the purpose of the survey, the equipment
and procedures used, including the geoid model and reference ellipsoid
used, and the names or numbers of the found record control monuments used
and their source.
(i) The scale of drawing and North Arrow if a map or diagram is
included.
(j) The seal and original signature of the surveyor.
(k) For geodetic control, a statement regarding the network
accuracy and local accuracy of the survey, categorized by horizontal
position, ellipsoidal height and orthometric height, relative to the
National Spatial Reference System. The statement shall include the
accuracy classification at the 95 percent confidence level for both
network and local classifications in accordance with Standards for
Geodetic Control Networks, Part 2 of the federal Geospatial Positioning
Accuracy Standards (FGDC 1998) for the newly established monuments.
(7) The county surveyor shall file and index reports that comply
with subsections (5) and (6) of this section within 30 days of
determining compliance.
(8) A monument set by a registered professional land surveyor to
mark or reference a point on a property or land line or to mark or
reference a geodetic control survey point must be durably and visibly
marked or tagged with the registered business name or the letters “L.S.”
followed by the registration number of the surveyor in charge or, if the
monument is set by a public officer, the monument must be marked with the
official title of the office.
(9) If, in the performance of a survey, a registered professional
land surveyor finds or makes changes in a public land survey corner or
its accessories as described in an existing corner record or survey map
in the office of the county surveyor, the surveyor shall complete and
submit to the county surveyor a record of the changes found or made to a
corner or accessories to the corner. The record must be submitted within
45 days of the corner visits, and must include the surveyor’s seal and
original signature, business name and address, and be on stable base
reproducible material in the form required by the county surveyor.
(10) The signature and stamp of a registered professional land
surveyor on a permanent survey map or plat constitutes certification that
the map or plat complies with the applicable provisions of this chapter.
(11) A registered professional land surveyor failing to comply with
the provisions of subsections (1) to (9) of this section, ORS 92.050 to
92.080 or a county ordinance establishing standards for surveys or plats
is subject to disciplinary action by the State Board of Examiners for
Engineering and Land Surveying.
(12) A federal or state agency, board or commission, special
district or municipal corporation making a survey of lands within this
state shall comply with this section. [Amended by 1963 c.555 §1; 1965
c.542 §1; 1979 c.653 §16; 1981 c.113 §2; 1983 c.309 §11; 1989 c.394 §14;
1991 c.339 §3; 1993 c.219 §13; 1997 c.489 §11; 1999 c.710 §11; 1999
c.1018 §7; 2005 c.22 §159; 2005 c.230 §2](1)
Any survey map or narrative filed and recorded under the provisions of
this chapter may be amended by an affidavit of correction:
(a) To show any courses or distances omitted from the map or
narrative;
(b) To correct an error in any courses or distances shown on the
map or narrative;
(c) To correct an error in the description of the real property
shown on the map or narrative; or
(d) To correct any other errors or omissions where the error or
omission is ascertainable from the data shown on the map or narrative as
recorded.
(2) Nothing in this section shall be construed to permit changes in
courses or distances for the purpose of redesigning parcel configurations.
(3) The affidavit of correction shall be prepared by the registered
professional land surveyor who filed the map or narrative. In the event
of the death, disability or retirement from practice of the surveyor who
filed the map or narrative, the county surveyor may prepare the affidavit
of correction. The affidavit shall set forth in detail the corrections
made. The seal and original signature of the registered professional land
surveyor making the affidavit shall be affixed to the affidavit.
(4) The county surveyor having jurisdiction of the map or narrative
shall certify that the affidavit of correction has been examined and that
the changes shown on the map or narrative are changes permitted under
this section.
(5) The surveyor who prepared the affidavit shall cause the
affidavit to be recorded in the office of the county recorder of the
county where the survey or narrative is recorded. The county clerk shall
promptly return the recorded affidavit to the county surveyor who shall
note the correction and the recorder’s filing information with permanent
ink, upon the original survey or narrative filed in accordance with ORS
209.250. The corrections and filing information shall be marked in such a
manner so as not to obliterate any portion of the survey or narrative.
(6) In addition to the fees established by ORS 205.320 for
recording the affidavit in the county deed records, the county clerk
shall collect a fee set by the county governing body. The county clerk
shall collect the fee as set by the county governing body to be paid to
the county surveyor for services provided under this section. [1983 c.309
§10; 1989 c.394 §15; 1993 c.219 §14; 1999 c.654 §23] The
county governing body, by resolution or order, may establish the fee to
be collected by the county surveyor for filing and indexing a map or
report of a survey. [1981 c.429 §2; 1985 c.582 §9; 1991 c.339 §4; 1991
c.621 §2] (1)
The records of the county surveyor shall be located in county facilities
designated by the county governing body.
(2) The county surveyor shall be provided reasonable facilities for
the proper filing, indexing, copying, public inspection and examination
and protection of public records as required under ORS 192.430 and
192.440. [1981 c.429 §3]When a railroad gives notice of its
intention to abandon a railroad line within this state, the Department of
Transportation shall provide a copy of the notice to the county surveyor
of each county in which the line to be abandoned is located. Upon written
request from a county surveyor so notified, the railroad shall provide
the county surveyor with a reproducible copy of the right of way plats
for the line to be abandoned. The copy of the right of way plats shall be
provided prior to abandonment at no cost to the county surveyor, and
shall show the center line of trackage as originally constructed and
currently existing, together with ties to monumented public land survey
corners, as shown by the right of way plats. [1985 c.220 §2; 1989 c.394
§16; 1995 c.733 §43] (1) The costs of the
reestablishment of the corner or witness monument may be recovered in a
civil action together with costs and attorney fees for the prevailing
party.
(2) A person may obtain injunctive relief to prevent further
disturbance or destruction of survey monuments.
(3) Any county surveyor failing to perform the duties required of
the surveyor by ORS 209.020 to 209.090 shall be fined not exceeding $100,
to be recovered by an action brought by the injured party. [Amended by
1979 c.653 §17; 1989 c.394 §17]
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