Oregon Statutes 105.718 – Procedure for determining location of public land survey corner
If the proceeding in a boundary action involves the location of a public land survey corner as defined by ORS § 209.250 (3), the court shall determine the location of the public land survey corner by the following method:
Terms Used In Oregon Statutes 105.718
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(1) The court shall appoint three disinterested commissioners who are registered professional land surveyors, one of whom shall be the county surveyor of the county in which the action is brought, and shall direct the commissioners to go upon the land of the parties and establish and mark out upon the ground the true and correct location of the corner in accordance with ORS § 209.070. If the county surveyor of the county in which the action is brought is interested in any tract of land, the title of which is in dispute before the court, the court shall appoint the county surveyor of an adjacent county to serve in lieu of the interested county surveyor.
(2) The three commissioners shall establish and monument the true location of the corner in accordance with the current United States Manual of Surveying Instructions. The monument set shall be in accordance with the standards of the county surveyor of the county in which the corner is located. For the purposes of ORS § 672.002 (9)(b), the county surveyor shall be the person in ‘responsible charge’ and shall affix a seal and signature to any plat or report prepared.
(3) The county surveyor shall be responsible for the preparation and filing of the survey in accordance with ORS § 209.250.
(4) The corner, when properly established by the commission, shall be recognized by the court as the legal and permanent corner. The decision of the commission is not subject to appeal.
(5) The costs for the services of the three commissioners shall be paid by either the plaintiff or the defendant, or both, as determined by the court. [1991 c.150 § 2; 1997 c.210 § 10; 2005 c.445 § 11]