justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 209 — County Surveyors

ORS 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.
ORS Chapter 209 — County Surveyors

ORS 209.120. [Repealed by 1979 c.653 18]
ORS Chapter 209 — County Surveyors

ORS 209.130. Establishment of corners; references; additional reference using coordinate system. (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 the Oregon Coordinate System, pursuant to ORS 93.312, or another coordinate system, adopted by the appropriate public agency, that can be referenced directly to a geodetic control monument.
ORS Chapter 209 — County Surveyors

ORS 209.140. Necessary interference with corners or accessories; prior notice to county surveyor required; exception for emergency; fees. (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.
ORS Chapter 209 — County Surveyors

ORS 209.150. Removal or destruction of survey monument; notice to county surveyor; replacement of monument; exception. (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
ORS Chapter 209 — County Surveyors

ORS 209.155. Removal or destruction of survey monument during road construction; survey map in lieu of replacement; delineation of newly defined right of way. (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 using the Oregon Coordinate System pursuant to ORS 93.312, Local Datum Plane coordinates that scale Oregon State Plane coordinates of the Oregon Coordinate System to a plane close to the ground elevation of a survey project 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 is deemed to be the date when all substantial road improvements are completed.
ORS Chapter 209 — County Surveyors

ORS 209.160. [Amended by 1979 c.653 11; repealed 1981 c.111 2]
ORS Chapter 209 — County Surveyors

ORS 209.170. [Amended by 1979 c.653 12; repealed by 1981 c.111 2]
ORS Chapter 209 — County Surveyors

ORS 209.180. [Repealed by 1979 c.653 18]
ORS Chapter 209 — County Surveyors

ORS 209.190. [Repealed by 1981 c.111 2]
ORS Chapter 209 — County Surveyors

ORS 209.210. [Repealed by 1979 c.653 18]
ORS Chapter 209 — County Surveyors

ORS 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. [Amended by 1979 c.653 14]
ORS Chapter 209 — County Surveyors

ORS 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
ORS Chapter 209 — County Surveyors

ORS 209.240. [Amended by 1979 c.653 15; repealed by 1981 c.111 2]
ORS Chapter 209 — County Surveyors

ORS 209.250. Survey by registered land surveyor; requirements for map, narrative or report of survey; waiver of required filing; effect of noncompliance. (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
ORS Chapter 209 — County Surveyors

ORS 209.255. Amendment of survey map or narrative by affidavit of correction; preparation, certification and recording of affidavit. (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 recorders 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.
ORS Chapter 209 — County Surveyors

ORS 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.
ORS Chapter 209 — County Surveyors

ORS 209.270. Records of county surveyor; location; accessibility. (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 192.318 and 192.324.
ORS Chapter 209 — County Surveyors

ORS 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 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.
ORS Chapter 209 — County Surveyors

ORS 209.990. Penalties; civil remedies. (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] _______________
ORS Chapter 223 — Local Improvements and Works

ORS 223.001. Definitions. As used in ORS 223.112 to 223.132, 223.205 to 223.295, 223.297 to 223.316,
ORS Chapter 223 — Local Improvements and Works

ORS 223.005. Appropriation and condemnation for public use within and without city limits. Any incorporated city may: (1) Appropriate any private real property, water, watercourse and riparian rights to any public or municipal use or for the general benefit and use of the people of the city, including but not limited to appropriation for an aviation field, park, city hall, city buildings, jail, or to protect the city from overflow by freshets. (2) Appropriate any real property, water, watercourse and water and riparian rights, including power sites, to any public or municipal use or for the general benefit and use of the people within or without the city, and to build dams, reservoirs and conduits for the purpose of storing and using water to aid in developing the necessary power to generate electricity for the use and benefit of the people within or without the city. (3) Condemn for its use private property for the purpose of erecting and maintaining electric lines thereon for the purpose of generating and conveying power to light and heat the city, and to be used and sold by the city for manufacturing, transportation, domestic and other purposes, either within or without the corporate limits of the city, and for the purpose of constructing electrical systems for municipal uses. [Amended by 1971 c.134 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.010. Right of city to enter upon, survey, examine and select property to be appropriated or condemned. For the purposes of ORS 223.005, a city may enter upon, survey and examine property in the manner provided by ORS 35.220 and may select any such property or rights for the purpose of constructing any ditch, drain, dam, dike, canal, flume, sewer, reservoir, septic tank, filter bed, sewer form or purifying plant or laying or constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike, canal, flume, reservoir, septic tank, filter bed, sewer form or purifying plant or other plant, building or electric lines or system for municipal uses, including but not limited to, aviation fields, parks, city hall, city buildings, jails, docks, piers, slips, shore and terminal structures.
ORS Chapter 223 — Local Improvements and Works

ORS 223.015. Manner of appropriation or condemnation; compensation. After selection of such rights and property under ORS 223.010 in such manner as the council provides, the city seeking to make the appropriation may proceed in the manner prescribed by the statutes for the appropriation of land for corporate purposes, and not otherwise, unless otherwise provided by law, to have such property appropriated and the compensation therefor determined and paid. However, the compensation for such condemnation by a city shall be paid by a deposit in the court of an order drawn upon the city treasurer for the amount of compensation.
ORS Chapter 223 — Local Improvements and Works

ORS 223.020. Scope of appropriation. Appropriation of property under ORS 223.005 may extend beyond the corporate limits of the city to or along and including any lake, spring, stream or power site.
ORS Chapter 223 — Local Improvements and Works

ORS 223.025. [Repealed by 1963 c.297 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.030. [Repealed by 1963 c.297 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.035. [Repealed by 1963 c.297 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.040. [Repealed by 1963 c.297 1] MUNICIPAL CONDEMNATION PROCEEDINGS
ORS Chapter 223 — Local Improvements and Works

ORS 223.105. Proceedings to condemn property for city improvements when owner and city disagree on price. (1) The provisions of this section apply to every city, whether organized under general law or otherwise. (2) Whenever the council of any incorporated city deems it necessary to take or damage private property for the purpose of establishing, laying out, extending or widening streets, or other public highways and places within any city, or for rights of way for drains, sewers or aqueducts, or for widening, straightening or diverting channels of streams and the improvement of waterfronts, and the council cannot agree with the owner of the property as to the price to be paid, the council may direct proceedings to be taken under the general laws of this state to procure the same.
ORS Chapter 223 — Local Improvements and Works

ORS 223.110. [Repealed by 1971 c.741 38] ECONOMIC IMPROVEMENT DISTRICTS
ORS Chapter 223 — Local Improvements and Works

ORS 223.112. Definitions for ORS 223.112 to 223.132. As used in ORS 223.112 to 223.132, unless the context requires otherwise: (1) Council means the city council or other controlling body of a city. (2) Economic improvement means: (a) The planning or management of development or improvement activities. (b) Landscaping or other maintenance of public areas. (c) Promotion of commercial activity or public events. (d) Activities in support of business recruitment and development. (e) Improvements in parking systems or parking enforcement. (f) Any other economic improvement activity for which an assessment may be made on property specially benefited thereby.
ORS Chapter 223 — Local Improvements and Works

ORS 223.114. (a) Describes the economic improvement project to be undertaken or constructed. (b) Contains a preliminary estimate of the probable cost of the economic improvement and the proposed formula for apportioning cost to specially benefited property. (c) Describes the boundaries of the district in which property will be assessed. (d) Specifies the number of years, to a maximum of five, in which assessments will be levied. (e) Contains provision for notices to be mailed or delivered personally to affected property owners that announce the intention of the council to construct or undertake the economic improvement project and to assess benefited property for a part or all of the cost. The notice shall state the time and place of the public hearing required under paragraph (f) of this subsection. (f) Provides for a hearing not sooner than 30 days after the mailing or delivery of notices to affected property owners at which the owners may appear to support or object to the proposed improvement and assessment. (2) The ordinance shall also: (a) Provide that if, after the hearing held under subsection (1)(f) of this section, the council determines that the economic improvement shall be made, the council shall determine whether the property benefited shall bear all or a portion of the cost and shall determine, based on the actual or estimated cost of the economic improvement, the amount of assessment on each lot in the district. (b) Require the city recorder or other person designated by the council to prepare the proposed assessment for each lot in the district and file it in the appropriate city office. (c) Require notice of such proposed assessment to be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. The notice shall state the time and place of a public hearing at which affected property owners may appear to support or object to the proposed assessment. The hearing shall not be held sooner than 30 days after the mailing or personal delivery of the notices. (d) Provide that the council shall consider such objections and may adopt, correct, modify or revise the proposed assessments. (e) Provide that the assessments will not be made and the economic improvement project terminated when written objections are received at the public hearing from owners of property upon which more than 33 percent of the total amount of assessments is levied.
ORS Chapter 223 — Local Improvements and Works

ORS 223.115. [Repealed by 1971 c.741 38]
ORS Chapter 223 — Local Improvements and Works

ORS 223.117. Requirements of assessment ordinance. (1) An ordinance adopted under ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.118. Remonstrance against assessment; exclusion of property. (1) In addition to the requirements listed in ORS 223.117 (2), an assessment ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of the council, provide that: (a) When the council receives written objections at the public hearing only from owners of property upon which less than 33 percent of the total amount of assessments is levied, the economic improvement project may be undertaken or constructed, but that assessments shall not be levied on any lot or parcel of property if the owner of that property submitted written objections at the public hearing. Notwithstanding any other provision of law, an owner of property who fails to submit written objections at the public hearing as provided for in the ordinance shall be deemed to have made a specific request for the economic improvement services to be provided during the period of time specified in the assessment ordinance. (b) The council, after excluding from assessment property belonging to such owners, shall determine the amount of assessment on each of the remaining lots or parcels in the district. (c) Notice of such proposed assessment be mailed or personally delivered to the owner of each lot to be assessed, which notice shall state the amount of the assessment proposed on the property of the owner receiving the notice. (2) When assessments are levied against property within an economic improvement district in accordance with an assessment ordinance that contains the provisions described in subsection (1) of this section: (a) Any new owner of benefited property in the district or any owner of benefited property who excluded the property from assessment by submitting written objections to the council may subsequently agree to the assessment of the owners property in the district. The council shall apportion the costs to the property for the remaining time in which assessments will be levied. (b) The assessed property may not be relieved from liability for that assessment. (c) If the council considers it necessary to levy assessments upon property in the district for longer than the period of time specified in the assessment ordinance, the council shall enact an ordinance that provides for continued assessments for a specified number of years and grants to property owners in the district the notice and right of remonstrance described in ORS 223.117 (2)(b) to (e) and subsection (1)(a) to (c) of this section.