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Oregon Revised Statutes

Or. Rev. Stat. § 209.990 (2026)

Penalties; civil remedies

✓ current as of May 2026

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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]

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Notes of Decisions

Cited in 2 cases, 1969–2009 · leading case: Wright v. Wells, 218 P.3d 569 (Or. Ct. App. 2009).

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Wright v. Wells, 218 P.3d 569 (Or. Ct. App. 2009). · cites it 6× “Plaintiffs’ complaint specifically sought to recover the cost of the survey pursuant to ORS 209.990, and the trial court awarded those damages.”

State v. Johnson, 462 P.2d 687 (Or. Ct. App. 1969). · cites it 2× “This is not a strong indication because the word “fine” is found in other penalty sections which clearly impose only civil penalties (ORS 209.990(2) — civil action for debt brought by private party; ORS 744.”

— Or. Rev. Stat. § 209.990(2) — 1 case

State v. Johnson, 462 P.2d 687 (Or. Ct. App. 1969). “This is not a strong indication because the word “fine” is found in other penalty sections which clearly impose only civil penalties (ORS 209.990(2) — civil action for debt brought by private party; ORS 744.”

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