Oregon Revised Statutes

Chapter 209 — County Surveyors

34 sections

209.005 Definitions

As used in this chapter, unless the context requires otherwise: “Control point” means a horizontal or vertical survey position set within the stated precision of the survey. “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. “Deput…

209.010 [Repealed by 1953 c.306 §18]

209.015 Authority to enter upon land; no unnecessary damage; notice

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. Any person exercising the right of entry granted under subsection (1) of this section s…

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 …

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.

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 surve…

209.050 [Amended by 1979 c.653 §3; repealed by 1981 c.111 §2]

209.060 [Repealed by 1979 c.653 §18]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: 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. Number progressively all surveys received and state by whom and, if provided, for whom made. Pro…

209.080 Compensation

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.

209.090 Procuring and filing copies of field notes and plats of Bureau of Land Management surveys; copies as evidence

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 sur…

209.100 Administering oaths

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.

209.110 [Repealed by 1979 c.653 §18]

209.115 Qualifications

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.

209.120 [Repealed by 1979 c.653 §18]

209.130 Establishment of corners; references; additional reference using coordinate system

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. Section corners, Donation Land Claim corners, center corners and quarter-secti…

209.140 Necessary interference with corners or accessories; prior notice to county surveyor required; exception for emergency; fees

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 wit…

209.150 Removal or destruction of survey monument; notice to county surveyor; replacement of monument; exception

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 replaci…

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

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: The original location of the recorded survey monument is within the new right of way; and The person or …

209.160 [Amended by 1979 c.653 §11; repealed 1981 c.111 §2]

209.170 [Amended by 1979 c.653 §12; repealed by 1981 c.111 §2]

209.180 [Repealed by 1979 c.653 §18]

209.190 [Repealed by 1981 c.111 §2]

209.200 Resurvey of federally surveyed lands

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: 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. A legal…

209.210 [Repealed by 1979 c.653 §18]

209.220 Oath taken by employees

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.

209.230 Materials for certain purposes

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.

209.240 [Amended by 1979 c.653 §15; repealed by 1981 c.111 §2]

209.250 Survey by registered land surveyor; requirements for map, narrative or report of survey; waiver of required filing; effect of noncompliance

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 …

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

Any survey map or narrative filed and recorded under the provisions of this chapter may be amended by an affidavit of correction: To show any courses or distances omitted from the map or narrative; To correct an error in any courses or distances shown on the map or narrative; To correct an error in the description of the real property shown on the map or …

209.260 Fee for filing and indexing

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.

209.270 Records of county surveyor; location; accessibility

The records of the county surveyor shall be located in county facilities designated by the county governing body. 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 192.318 and 192.324.

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

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 repro…

209.990 Penalties; civil remedies

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. A person may obtain injunctive relief to prevent further disturbance or destruction of survey monuments. Any county surveyor failing to perform the duties required of the surveyor by ORS 209.0…