ORS 672.047: Right of entry by land surveyor; compensation for damages caused; notice; removal of survey markers.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Subject to subsection (4) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may enter on foot, where practicable, upon any land for the purpose of surveying or performing any survey work and may establish permanent survey monuments as allowed by rule of the State Board of Examiners for Engineering and Land Surveying. (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. Damages to trees, shrubs and other vegetation intentionally caused by the land surveyor shall be subject to compensation and penalties as provided in ORS 105.810. The land surveyor shall compensate the landowner for all other actual monetary damages, or $100, whichever is greater. Actual monetary damages may include but are not limited to all costs in time, labor and materials incurred by the landowner to return the property to the condition it was in prior to the damage. (3) If land that is entered and surveyed under this section is located outside of an urban growth boundary and the landowner makes a timely request in writing, the registered professional land surveyor shall provide a copy of the survey in a timely manner to the landowner. (4) A registered professional land surveyor, or any employee or agent of the land surveyor, may not enter upon land for the purpose of surveying, performing other survey work or establishing a permanent survey monument without first providing notice to the landowner by first class mail or by personal notice. If the land is occupied by a person other than the landowner, notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed at least seven days prior to the entry onto the land. Notice that is given by personal notice must be hand-delivered to the landowner or occupant or be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice. The notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey and the presence of any temporary or permanent monuments or other markers to be left on the land. (5) A registered professional land surveyor, or any employee or agent of the land surveyor, who enters land as allowed under this section is owed no greater duty of care than that owed by a landowner to a trespasser. (6) Notwithstanding the provisions of subsection (1) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may use a vehicle to enter upon land provided that the vehicle remains on existing roadways where practicable. (7) The land surveyor shall remove all flagging, stakes and other temporary materials that are above ground if leaving the materials in place creates an unreasonable risk of harm to persons or property. Except for forestland as defined in ORS 527.620, the land surveyor shall remove all temporary above ground materials within 60 days of placement unless written authorization to leave the materials in place is received from the landowner or occupant. [1995 c.382 §13; 1997 c.743 §1; 2009 c.259 §5; 2011 c.231 §1]
Administrative rules citing this section
- OAR 820-001-0000: Rule Changes — implements
- OAR 820-001-0005: Contested Cases — implements
- OAR 820-001-0015: Hearing Request and Answers: Consequences of Failure to Answer — implements
- OAR 820-001-0020: Fees for Public Records and Publications — implements
- OAR 820-001-0030: Purchasing and Contracting — implements
- OAR 820-001-0035: Notice of Intent to Award — implements
- OAR 820-001-0040: Protests of Contract Award — implements
- OAR 820-001-0100: Request to Add New Branch — implements
- OAR 820-001-0200: Qualifications of Administrative Officer (Administrator) — implements
- OAR 820-005-0056: Person — implements
- OAR 820-005-0057: NCEES Record — implements
- OAR 820-005-1000: Acronyms — implements
- OAR 820-010-0505: Biennial Renewal of Registration or Certification — implements
- OAR 820-010-0615: Posting of Certificates — implements
- OAR 820-010-0635: Continuing Professional Development — implements
- OAR 820-010-0715: Construction Contractors Offering Engineering — implements
- OAR 820-010-0730: Use of Title if Registered in Other Jurisdiction — implements
- OAR 820-010-1000: Qualifications for Registration as a Professional Engineer — implements
- OAR 820-010-1010: Principles and Practice of Engineering Examinations — implements
- OAR 820-010-1020: Education and Experience Requirements for Registration as a Professional Engineer — implements
- OAR 820-010-1031: Application for Temporary License as a Professional Engineer for Military Spouse or Domestic Partner — implements
- OAR 820-010-2000: Qualifications for Registration as a Professional Land Surveyor — implements
- OAR 820-010-2010: Oregon Specific Four-Hour Land Surveying Examination — implements
- OAR 820-010-2020: Education and Experience Requirements for Registration as a Professional Land Surveyor — implements
- OAR 820-010-2031: Application for Temporary License as a Professional Land Surveyor for Military Spouse or Domestic Partner — implements
- OAR 820-010-3000: Qualifications for Registration as a Professional Photogrammetrist — implements
- OAR 820-010-3010: Education and Experience Requirements for Registration as a Professional Photogrammetrist — implements
- OAR 820-010-3020: Photogrammetry Examination — implements
- OAR 820-010-3031: Application for Temporary License as a Registered Professional Photogrammetrist for Military Spouse or Domestic Partner — implements
- OAR 820-010-4000: Qualifications for Registration as a Structural Engineer — implements
- OAR 820-010-4031: Application for Temporary License as a Professional Structural Engineer for Military Spouse or Domestic Partner — implements
- OAR 820-010-5000: Qualification to Sit for Examination as a Water Right Examiner — implements
- OAR 820-010-5010: Qualification for Certification as a Water Right Examiner — implements
- OAR 820-015-0005: Definitions — implements
- OAR 820-015-0010: Processing Complaints — implements
- OAR 820-015-0026: Failure to Comply with Continuing Professional Development Requirements — implements
- OAR 820-015-0060: Civil Penalty Factors — implements
- OAR 820-015-0070: Civil Penalties for Violations of ORS 92.040 to 92.080, 209.250, and County Ordinances — implements
- OAR 820-020-0005: Preamble — implements
- OAR 820-020-0015: Registrants or Applicants for Registration or Certification Shall Hold Paramount the Safety, Health and Welfare of the Public in the Performance of their Professional Duties — implements
- OAR 820-020-0025: Obligation of Registrants and Applicants to Issue Statements only in an Objective and Truthful Manner — implements
- OAR 820-020-0030: Obligation of Registrants and Applicants to Act in Professional Matters for Each Employer or Client as Faithful Agents or Trustees, and to Avoid Conflicts of Interest — implements
- OAR 820-020-0035: Obligation of Applicants or Registrants to Avoid Improper Solicitation of Professional Employment — implements
- OAR 820-020-0040: Oregon Specific Examination Subversion: Grounds for Invalidation of Examination Results — implements
- OAR 820-020-0045: Obligation Not to Engage in Unprofessional Behavior — implements
- OAR 820-020-0055: Unprofessional Conduct — implements
- OAR 820-025-0001: Definitions — implements
- OAR 820-025-0005: Official Seal — implements
- OAR 820-025-0010: Official Seal – Digital Seal and Signature for Electronic Final Documents — implements
- OAR 820-025-0015: Final Documents — implements
- OAR 820-025-0020: Modifying Designs or Documents — implements
- OAR 820-025-0025: Dual Stamping Documents — implements
- OAR 820-030-0005: Definitions — implements
- OAR 820-030-0060: Filing Time and Place — implements
- OAR 820-030-0070: Surveyor’s Seal and Signature Required — implements
- OAR 820-030-0080: Survey Monument Marking — implements
- OAR 820-040-0005: Definitions — implements
- OAR 820-040-0010: Electrical Engineering — implements
- OAR 820-040-0020: Structural Engineering — implements
- OAR 820-040-0030: Traffic Engineering — implements
- OAR 820-040-0040: Geotechnical Engineering — implements
- OAR 820-050-0001: Continuing Professional Development — Certified Water Right Examiner (CWRE) — implements
- OAR 820-050-0010: Continuing Professional Development Requirements: Failure to Comply — implements
- OAR 820-080-0005: Refunds and Charges — implements
- OAR 820-080-0010: Fees — implements
- OAR 820-080-1000: Budget — implements
This rule cites
- ORS 105.810 — resolved
- ORS 527.620 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors672.html