Bill Text: OR HB2893 | 2011 | Regular Session | Enrolled


Bill Title: Relating to land surveying.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-06-02 - Chapter 231, (2011 Laws): Effective date January 1, 2012. [HB2893 Detail]

Download: Oregon-2011-HB2893-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 2893

Sponsored by Representative KENNEMER (at the request of
  Professional Land Surveyors of Oregon) (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to land surveying; amending ORS 672.047.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 672.047 is amended to read:
  672.047. (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   { - property
owner - }  { +  landowner + } to return the property to the
condition it was in prior to the damage.
    { - (3) If a request is made in writing in a timely manner, a
copy of the survey shall be provided in a timely manner to any
landowner who owns property that is outside an urban growth
boundary and is affected by subsection (4) of this section. - }
   { +  (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   { - or establish
any permanent survey monument upon any land without first
attempting to provide notice to the landowner or occupant of the
property in person. If the landowner or occupant is not
available, written notice shall be posted in a conspicuous place
where the notice is most likely to be seen. The posted - }  { +
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

Enrolled House Bill 2893 (HB 2893-A)                       Page 1

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   { - property - }  { +  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.
                         ----------

Passed by House March 15, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate May 18, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2893 (HB 2893-A)                       Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2893 (HB 2893-A)                       Page 3
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