Manual of Cadastral Map Standards, Concepts & Cartographic Procedures

Oregon
Cadastral Map System

A comprehensive explanation of the system
approved by the 1953 Legislative Assembly
(HB 232) with special attention to the:
Concepts and Standards (Volume 1)
Technical and Cartographic Procedures (Volume 2)
Maintenance Process (Volume 3)
Highways and the Law of Dedication (Volume 4)
Mapping Riparian Lands (Volume 5)
Concepts
and Standards
First Edition
June 2003
Prepared by
Property Tax Division
Oregon Department of Revenue
Salem, Oregon 97310
150-315-416-1 (6-03)
i
Introduction
Graphic Standards.................................................... 2-6
Contents......................................................................ii
Map Heading and Title..........................................2-6
List of Illustrations ..................................................xv
The Map Number...................................................2-6
Introduction.............................................................. xxi
Map Positioning .....................................................2-8
Preface..................................................................... xxiii
Map Lines ................................................................2-9
Introduction ...........................................................xxv
Control ....................................................................xxv Cartographic Map Symbols ...................................2-10
Minimum Map Requirements .............................xxv Figure 2-10 .............................................................2-10
Map Features.........................................................xxvi Standard LineBoundaries................................2-10
Appendix A...........................................................xxix Standard LineSupplementary Lines.............. 2-11
Reliability Codes ..................................................xxix
Standard LineRiparian Boundaries ............... 2-11
Standard LineRight-of-Way Boundaries.......2-12
1Cadastres and Cadastral Maps
Standard LineEasements.................................2-12
Introduction.............................................................. 1-3 Map Arrows ..........................................................2-15
History, 1859-1951 ................................................... 1-3 Circles.....................................................................2-15
The Pre-reappraisal Map Systems ........................... 1-4 U.S. Rectangular Survey Lines
and Information....................................................2-16
The ReappraisalMapping Program ......................... 1-5
Subdivision Data ..................................................2-18
General Map Standards ........................................... 1-6
Information on Public Rights of Way ................2-19
General (1953) .........................................................1-6
Railroad Right-of-Way Data ...............................2-19
Technical ..................................................................1-6
Map Information on Transmission
Endnotes ................................................................1-10
Line Easements .....................................................2-19
Bodies of Water Information...............................2-19
2Graphic Standards
Deed and Survey Information............................2-20
Introduction.............................................................. 2-3 Map Boundaries ...................................................2-20

Cadastral Graphic Standards................................2-3 Index Maps............................................................2-20
Map Specifications ................................................... 2-4 Measurements.......................................................2-20
Geometric Control..................................................2-4 Cancelled Parcel Numbers..................................2-20
Mathematical Base .................................................2-4 Tracing....................................................................2-20
Geographic Base .....................................................2-4
Lettering on Tracings ...........................................2-21
Standard Meridian .................................................2-4
Patented Mining Claims......................................2-22
Basic Land Unit ......................................................2-4
Summary .................................................................2-22
Standard Linear System of Measure....................2-4
Standard Map Areas and Boundaries .................2-5 Pen sizes.................................................................2-20
Map Scales...............................................................2-5 Mechanical Lettering Guide ...............................2-20

Map Sizes.................................................................2-6 Endnotes ................................................................2-22
ii
The Centesimal System .........................................4-3
3The Standard Tax Lot Number
The Mil System .......................................................4-3
Introduction.............................................................. 3-3 The Radian System.................................................4-3

The Point System....................................................4-4
Components of the Standard Tax Lot Number....... 3-4
The Cardinal and Intercardinal System ..............4-4
Standard Map Number............................................. 3-4
Meridians .................................................................. 4-4
Four Quadrants of the U.S.
Rectangular Survey System ..................................3-6 Geodetic Meridian..................................................4-4
Relationship of Standard Map Scale to Grid Meridian .........................................................4-4
the Standard Map Number...................................3-7 Magnetic Meridian.................................................4-4
Special Map Numbering Instructions .................3-8 Magnetic Declination.............................................4-4
Tax Lot Number Employing a Parcel Number ......3-11 Local Attraction ........................................................ 4-5
What Constitutes a Parcel ................................... 3-11
Azimuth..................................................................... 4-6
Assigning Parcel Numbers .................................3-12
True Azimuth ..........................................................4-6
Segregation Parcel Number ................................3-14
Grid Azimuth..........................................................4-6
Consolidation of Parcels......................................3-15
Magnetic Azimuths................................................4-6
Ninety-Nine Parcel Numbers .............................3-15
Quadrants ................................................................. 4-6
Special Interest Numbers ....................................3-16
Bearings .................................................................... 4-7
Improvement-only ...............................................3-16
Mineral Rights ......................................................3-17 Deflection Angles ..................................................... 4-7
Undivided Interests .............................................3-17 Plotting Angles & Bearings...................................... 4-8

Subsurface Ownerships.......................................3-18 The Drafting Machine............................................4-8
Mapping the Condominium ..................................3-18 The Drafting Machine Protractor.........................4-9
Unit Ownership Numbers Verniers ..................................................................4-10

For Condominiums ..............................................3-18
Problems & Errors...................................................4-11
Common Areas .....................................................3-19
Planned Community...............................................3-19 5U.S. Rectangular Survey System

Real Propertyto be Tax-Lotted ..............................3-20
Introduction.............................................................. 5-3
Easements ...............................................................3-21
Beach Lands Seaward of Vegetation Line.........3-21 Brief History .............................................................. 5-3
Endnotes .................................................................3-21 Navigable Waters...................................................... 5-3
Swamp and Overflowed Lands ................................ 5-3
4Direction System of Rectangular Surveys ............................... 5-4

General Scheme ......................................................5-4
Direction.................................................................... 4-3
Principal Meridian .................................................5-4
Horizontal Direction................................................. 4-3 Base Line..................................................................5-5
Angular Measure ...................................................... 4-3 Standard Parallels ..................................................5-5
The Sexagesimal System .......................................4-3 Guide Meridians.....................................................5-5
iii
Township Exteriors ................................................... 5-5 B.L.M. Policy on Area Computation.......................5-16
Latitudinal Boundaries..........................................5-5 Areas of Lots on Resurvey Plats.........................5-19
Partially Surveyed Exteriors.................................5-6 Mineral Surveys ......................................................5-20
Rectangular Limits .................................................5-7 Annotations ............................................................5-20
Defective Township Exteriors...............................5-8
Endnotes .................................................................5-22
Subdivision of Townships ........................................ 5-8
Meridianal Section Lines.......................................5-8 6Surveys and Surveying
Latitudinal Section Lines.......................................5-8 Introduction.............................................................. 6-3
Accumulated Error.................................................5-9
Surveying .................................................................. 6-3
Summary .................................................................5-9 Geodetic Surveys....................................................6-4
Closing Section Lines.............................................5-9 Plane Surveys..........................................................6-4
Subdivision of Sections............................................ 5-9 Types of Surveys ....................................................... 6-4
Subdivision by Protraction .................................5-10 Cadastral Surveys ..................................................6-4
Subdivision of Sections into 14 Sections ............5-12 Construction Surveys ............................................6-4
Subdivision of Fractional Sections.....................5-12 Engineering Surveys..............................................6-4
Subdivision of Quarter Sections.........................5-12 Topographic Surveys .............................................6-4
Subdivision of Fractional Sections.....................5-12 Route Surveys .........................................................6-4
Summary ...............................................................5-14 Underground Surveys ...........................................6-5
Meandering ...........................................................5-14 Aerial Surveys.........................................................6-5

Geological Surveys.................................................6-5
Rivers .....................................................................5-14
Control Surveys ......................................................6-5
Lakes ......................................................................5-14
Triangulation...........................................................6-5
Islands ....................................................................5-14
Trilateration .............................................................6-6
Resurveys in Brief ...................................................5-14
Traverse....................................................................6-6
Dependent Resurveys..........................................5-14
Vertical Control.......................................................6-6
Independent Resurvey ........................................5-14
Surveying Equipment .............................................. 6-6
Retracement ..........................................................5-15
Accessories ............................................................6-10
Jurisdiction ............................................................5-15
Fundamental Survey Operations ..........................6-11
Bona Fide Rights of Claimants ...........................5-15
Field Work ............................................................. 6-11
Special Surveys of the U.S......................................5-15 Office Work ........................................................... 6-11
Tract or Lot Surveys .............................................5-15 Field Notes ............................................................ 6-11
Subdivision of SectionsSpecial .......................5-15 Horizontal & Vertical Angles..................................6-12
Metes and Bounds Surveys.................................5-15 Meridians...............................................................6-12
Townsite Surveys..................................................5-15 Magnetic Declination...........................................6-13
Small Tract Surveys..............................................5-16 Isogonic Lines .......................................................6-13
Mineral Segregation Surveys..............................5-16 Azimuth.................................................................6-13
Mine Surveys ........................................................5-16 Forward and Back Azimuth................................6-13
iv
Bearings .................................................................6-13 Photogrammetry& Surveying ...............................6-27
Orders of Accuracy .................................................6-13 Orthophotos ..........................................................6-28

Ground Control ....................................................6-28
Bench Marks............................................................6-15
Photoplotting Instruments..................................6-28
Monuments.............................................................6-15
Mechanical Phototriangulation..........................6-29
Witness Corner .....................................................6-16
Photographic, Interpretation ..............................6-29
Reference Monument...........................................6-16
Survey Computations.............................................6-29
Witness Point ........................................................6-16
Latitude and Departure.......................................6-30
Marking Lines Between Corners........................6-16
Balancing the Traverse.........................................6-31
Survey Measurements............................................6-17
Probable Distance, Probable Error,
Taping ....................................................................6-17 Degree of Accuracy Computations....................6-31
Determining Direction.........................................6-17 Conclusion.............................................................6-32
Stadia Measurement ............................................6-18 County Surveyors ................................................6-33
Stadia Constant.....................................................6-19
Stadia Distance .....................................................6-19 7Map Projections and Coordinates
Instrument Constant ............................................6-19
Introduction.............................................................. 7-3
Formula for Inclined Sights ................................6-20
Significant Dates of State Plane
Traversing................................................................6-21 Coordinate Development......................................7-3
Classification of Traverses...................................6-21 Legal Status of the
Closed Traverses...................................................6-21 Oregon Coordinate System ..................................... 7-3
Open Traverses .....................................................6-21 Map Projection ......................................................... 7-5
Traverse Taping Stations .....................................6-21 Conformal Map Projections ..................................7-6
Horizontal Location of Detail ................................6-22 Equal-Area Map Projections .................................7-6
How Detail is Located .........................................6-22 Azimuthal Projections ...........................................7-6
Topographic Surveys..............................................6-23 Other Map Projections...........................................7-6

Universal Transverse Mercator ............................7-7
Leveling ...................................................................6-23
Lambert Conformal................................................7-7
Survey Precision & Accuracy..................................6-24
Clarkes Spheroid ....................................................7-10
Mistakes or Blunders in Surveys .......................6-24
Sources of Errors...................................................6-24 Coordinate Principles.............................................7-10
Types of Errors......................................................6-24 The Oregon Coordinate System ............................7-11

Discrepancies in Surveys.....................................6-24 The Rectangular Grid ..........................................7-12
Resultant Error......................................................6-24 Local Coordinates ...................................................7-13
Residual Error .......................................................6-25 Endnotes ................................................................7-13
Theory of Probability ...........................................6-25
Most Probable Value ............................................6-25 8Route Surveys
Adjustment of Weighted Observations.............6-25
Probable Error.......................................................6-26 Introduction.............................................................. 8-3
Degree of Accuracy ..............................................6-27 Steps Used In Establishing A Route ........................ 8-3

v
Highway Surveys ...................................................... 8-5 Miscellaneous Route Surveys.............................8-58
Highway Strip Maps..............................................8-5
Highway Centerline Stationing ...........................8-7 9Map Computations
Problem Stationing.................................................8-7
Equation Stations....................................................8-9 Introduction.............................................................. 9-3
Computing P.I. to P.I. Values............................... 8-11 Check Your Computations........................................ 9-3

Property Line Stationing ..................................... 8-11 Common Sources of Errors ...................................9-3
StationingShort Centerline Distances............8-12
Tables Of Values........................................................ 9-4
SummaryStation Computations.....................8-12
Interpolation ...........................................................9-4
Highway Curves ..................................................8-12
Significant Figures.................................................... 9-5
The Circular Curve...............................................8-12
Adding Significant Figures to
The Simple Curve.................................................8-13
Existing Numbers...................................................9-6
Plotting the Route.................................................8-16
Adding Zeros that are Not Significant Figures..9-6
Plotting The Simple Curve..................................8-17
Rounding Significant Figures ...............................9-6
Plotting Large Radius Curves ............................8-18
Order of Mathematical Operations ......................... 9-7
Curve Right-of-Way Line Variations .................8-20
Compound Circular Curves ...............................8-22 Extracting Square Roots .......................................... 9-7
Reverse Circular Curves......................................8-23 The Triangle .............................................................. 9-7

Simple Curves in Reverse ...................................8-24 The Right Triangle in Cartography .......................... 9-8
The Standard Highway Spiral............................8-25 Angles of Triangles.................................................9-9
Plotting The Standard Highway Spiral.............8-31 Functions of Right Triangles ...............................9-10
Spiral Segments ....................................................8-34
Using Trigonometry to Solve for
Spirals of Unequal Length ..................................8-35 Missing Cadastral Measurements .........................9-12
Compound Spirals ...............................................8-37 Sine of an Angle....................................................9-12
Solution of the Three-Spiral Curve18 ................8-39 Cosine of an Angle ...............................................9-13
Exercise - Three Spiral Curve .............................8-46
Functions of Angles Greater Than 90 ..................9-14
Right-of-Way Lines of the
Standard Highway Spiral....................................8-49 Sine of an Angle....................................................9-15
Cosine of an Angle ...............................................9-15
Railroad Surveys.....................................................8-49
Tangent of an Angle .............................................9-16
Railroad Right-of-Way and Track Maps............8-49
Railroad Centerline Stationing ...........................8-52 Graph of the Tangent ...........................................9-16
Railroad Curves....................................................8-52 Composite Circle Diagram..................................9-16
The Railroad Taper Curve...................................8-52 Cofunctions and Complementary Angles.............9-17

Plotting the Standard Railroad Taper................8-55 Simple Trigonometric Identities............................9-17
Semi-Tangent with Unequal Tapers ..................8-57
Oblique TrianglesThe Law of Sines
Compound Railroad Curves...............................8-57 and Law of Cosines .................................................9-18
Railroad Station Maps .........................................8-58 The Law of Sines...................................................9-18
Transmission Line Route Maps ..............................8-58 The Law of Cosines..............................................9-19
vi
The Inverse Trigonometric Functions ...................9-20 The Public Trust Doctrine.......................................10-5
Relations Among the Inverse Functions ...........9-21 The Role of the County Assessor Regarding
Riparian Ownership and Riparian Rights .............10-5
Factorial Sign ..........................................................9-22
Riparian Rights .......................................................10-8
Balancing Angles ....................................................9-22
Using the Arbitrary Method of Closure............9-24 Riparian Uplands ....................................................10-8
Closing a Polygon by Choosing a Littoral Lands and Rights.......................................10-8

Probable Angle of Error.......................................9-24
Laws of the United States ......................................10-8
Balancing Angles by Method of Averages........9-24
Navigable Waters....................................................10-9
Computation of Latitude and Departure..............9-25
Definition of Navigability ...................................10-9
Using Latitude and Departure
to Check for Mathematical Closure ...................9-25 Navigability to be Determined by
Division of State Lands........................................10-9
Traverse Closure .....................................................9-25
Statutory Provisions...........................................10-10
The Arbitrary Method .........................................9-26
Meander Lines Not the Criteria
The Transit Rule Method.....................................9-26 for Navigability ..................................................10-10
Compass Rule Method ........................................9-27 Special Notes.......................................................10-10
Other Adjustment Methods ................................9-28 Special Statutory Provisions .............................10-10
Computing Areas....................................................9-28 Submerged and Submersible Lands...................10-11

Area of Rectangular Polygons............................9-28 Statutory Provisions........................................... 10-11
Area of Parallograms ...........................................9-28 The Estuaries.........................................................10-12
Area of Triangles ..................................................9-29 Waters of This State............................................10-12
Area of a Quadrilateral........................................9-30 Tidal Lands and Tidelands................................10-12
Area by D.M.D......................................................9-30 Statutory Provisions...........................................10-13
Total Latitude& Departure.....................................9-31 Oyster Plantations on Public Lands
and Private Lands ..............................................10-15
Area by Coordinates ...............................................9-32
Tidal Levels vs. Sea Levels ................................10-15
Computing Coordinates.........................................9-32
Port Powers in Bays and Rivers .......................10-15
Determining Theta .................................................9-34 When Littoral Rights are Separated
Determining Feet Per 1 of ...............................9-36 from the Upland Owner....................................10-16
Transforming Oregon Coordinates The Astoria Quitclaim Act ................................10-17

to Geodetic Coodinates .......................................9-36 Mapping the Estuaries.......................................10-19
Transforming Geodetic Coordinates Figure 10-5 (See hard copy) ..............................10-20
into Oregon Coordinates.....................................9-36
Division of State Lands Charts.........................10-21
Determining the Scale Ratio Validating Statutes .............................................10-21
of an Aerial Photo ...................................................9-37
The Ocean Shore...................................................10-21
Ocean Shore Meander Line...............................10-23
10Riparian Boundaries and Rights
Miscellaneous Statutory Provisions ................10-23
Introduction............................................................10-3 Rivers .....................................................................10-23
The Riparian Problems ...........................................10-3 Navigable Rivers or Streams ............................10-23
vii
Left Bank and Right Bank Defined ..................10-24 Confirmation of Title to Swamp
and Overflow Lands ..........................................10-41
Mouth of River Defined ....................................10-24
Release of Claims Under Pre-1947
Nonnavigable Rivers and Streams ..................10-24
Deeds Reserving Right-of-Way ........................10-41
Thread of Stream Defined .................................10-24
Miscellaneous Validating Statutes ...................10-41
Meander, Meanders, Meander Line,
Columbia River Gorge.......................................10-42
Meandering, Meander Line Traverse ..............10-24
Willamette Greenway ........................................10-42
1869 Rules for Surveying Meanders................10-25
Ferries...................................................................10-42
Excerpts from 1973 U.S.B.L.M.
Regulations on Meanders .................................10-26 Fort StevensClatsop Spit ...............................10-42
Mapping Navigable Rivers or Streams ...........10-26 Scenic WaterwaysScenic Easements ............10-42
Islands ..................................................................10-27 Water Rights..........................................................10-43

Submerged Lands and New Lands Ditches, Canals and Flumes..............................10-43
of Reservoirs........................................................10-27
Summation............................................................10-43
Lakes, Marshes andSwamps ................................10-28
References.............................................................10-43
Statutory ProvisionsLakes ............................10-29
Suggested Reading ..............................................10-44
Swamp and Overflowed Lands .......................10-30
1980 Annotations .................................................10-45
Lateral Changes in Bodies of Water
and Their Banks ....................................................10-30 Endnotes ..............................................................10-49
AvulsionRevulsion .........................................10-31
Land Gained by Accretion ................................10-32 11Cartographic Drafting
Artificial Additions to Riparian Lands............10-33
Introduction............................................................11-3
Erosion .................................................................10-33
Equipment and Supplies ..................................... 11-3
DerelictionReliction........................................10-33
Drafting Medium ................................................. 11-3
Delineation of Riparian Boundaries ...................10-34
Tapes for Drafting ................................................ 11-4
Median Line ........................................................10-34
Engineering Drafting Machine........................... 11-4
Salient PointsB.L.M. Method ........................10-34
Metal Straightedges ............................................. 11-6
Definition Between Meander Lines .................10-35
Drawing Ink .......................................................... 11-6
Cadastral Procedure...........................................10-35
Drafting Pens ........................................................ 11-6
Partition Lines.....................................................10-35
Drafting Pencils and Leads ................................. 11-7
Cadastral ProceduresApportionment .........10-37
Erasing Equipment............................................... 11-7
Meandered Lakes ...............................................10-38
Scales ...................................................................... 11-8
State and County Boundaries..............................10-39 Drafting Instruments ......................................... 11-14
Miscellaneous Provisions.....................................10-40 The Hand Protractor .......................................... 11-15
Accretion Prior to Entry ....................................10-40 French Curves ..................................................... 11-17
AvulsionB.L.M. Instructions .........................10-40 Railroad or Highway Curves ........................... 11-17
Erroneously Omitted Areas ..............................10-40 Ship and Engineer Curves ................................ 11-17
Submersible and Swamp Lands.......................10-41 Triangles............................................................... 11-18
Rights of Way for Railroads ..............................10-41 Stereoscopes ........................................................ 11-18
viii
The Polar Planimeter ......................................... 11-19 Proper Tracing Sequence ................................... 11-33
Mechanical Lettering ......................................... 11-22 Endnotes .............................................................. 11-34
Lettering Set Operation ..................................... 11-22
Lettering................................................................11-24 12Map Compilation & Construction

Letter and Number Proportions....................... 11-24
Introduction............................................................12-3
Stability ................................................................ 11-24
Definitions...............................................................12-3
Uniformity........................................................... 11-24
Freehand Letter Formation ............................... 11-24 Development of Map Control ................................12-4
Some Geometrical Solutions Map Compilation ....................................................12-5

Used in Cartographic Drafting ............................11-28 Reference Sources.................................................12-5
Postulates............................................................. 11-28
Product & Information Sources .............................12-8
Basic Problems .................................................... 11-28 Analyzation of Data ........................................... 12-11
Bisecting a Line................................................... 11-28 ExplanationHorizontal Control Elements.
Bisecting an Arc .................................................. 11-28 Analytical Bridging............................................ 12-11
Bisecting an Angle.............................................. 11-29 Map Construction .................................................12-18

Drawing a Line Through a Map Scale.............................................................12-18
Given Point Parallel to a Given Line ............... 11-29
Plotting The Coordinate Grid...........................12-18
To Divide a Line Into a Given
Plotting The Control Points ..............................12-18
Number of Equal Parts ...................................... 11-30
Completing Map Control ..................................12-20
Erecting a Perpendicular to a Line
from a Given Point ............................................. 11-30 Map Lift-off .........................................................12-20
Erecting a Perpendicular to a Line Map Finalization ...................................................12-20
at a Given Point .................................................. 11-30
Map Detailing .....................................................12-20
To Draw a Circle of Given Radius
Tangent To a Given Line and Final Drawing .....................................................12-21
Passing Through a Given Point........................ 11-30 Special Notes ........................................................12-21
To Draw a Circle Through
Three Given Points............................................. 11-31
13 Maintenance of the
Drawing a Tangent To a Circle
at a Given, Point On the Circle......................... 11-31 Cadastral Map System
Drawing Two Tangents to a
Circle from a Given Point.................................. 11-31 Introduction............................................................13-3
To Round Off a Right Angle Definitions...............................................................13-4

With an Arc of a Given Radius ......................... 11-32
Outline of Maintenance Activities.........................13-5
To Draw an Arc of a Given Radius
Tangent to a Line and a Circle .......................... 11-32 Cadastral Map Upgrading ..................................13-6
To Draw an Arc of Given Radius Use of Surveys to Update

Tangent to Two Circles ...................................... 11-32 and Upgrade Cadastral Maps ................................13-7
Surveys vs Deeds .................................................13-7
DRAFTING THE FINISHED TRACING.....................11-33
Surveys of New Parcels .....................................13-10
Tracing Medium ................................................. 11-33
Route Surveys .....................................................13-10
Positioning the Map Boundary
on the Tracing ..................................................... 11-33 Rectangular Surveys ..........................................13-10
ix
Use of Maverick Survey ....................................13-10 County Roads Established by Prescription.........13-36
Subdivisions..........................................................13-11 Example-General Maintenance Procedures .......13-36

Property Tax Law Annotations ........................13-13 Tax Lot Records.....................................................13-39
Approval - ORS 92.100 ......................................13-14 Supplemental Instructions ..................................13-39
Unit OwnershipsCondominiums .....................13-14 Special Note ........................................................13-39
Assessors Responsibilities ...............................13-14 1980 Annotations .................................................13-45
Miscellaneous Provisions..................................13-14 Final Determinations on Boundary
Property Tax Law Annotations ........................13-15 Suits to be Filed With Assessor ........................13-45
Unit Ownership Plat Requirements ................13-15 Taxes on Real Property Subject to

Eminent Domain Proceedings..........................13-45
Note on the Word Declaration......................13-20
Dedicated Public Roads, Alleys,
Floor Plans...........................................................13-20 Ways and Highways ..........................................13-45
Deeds.....................................................................13-20 Recording Deeds ................................................13-45
Chain-of-Title ......................................................13-21 Conveyances, Deeds, Descriptions..................13-45
Recorded & Unrecorded Deeds........................13-21 Construing a Description ..................................13-46
Recording Statutes of Interest...........................13-22 Name of Owner on Assessment Roll...............13-47
Conveyances- Laws ...........................................13-23 Taxing District Boundary Filing

and Approval - ORS 308.225.............................13-47
Deed Descriptions- Laws ..................................13-23
Subdivision Vacations........................................13-48
Warranty Deeds ..................................................13-24
Special Warranty Deeds ....................................13-24
Chapter 14
Bargain and Sale Deeds .....................................13-24
Quitclaim Deeds .................................................13-25 Highways and the Law of Dedication ................... 14-v
Memorandum of Real Estate
Preface...................................................................14-vii
Agreements & ORS 311.280 ..............................13-25
Introduction............................................................14-1
Street and Alley Vacations ...................................13-27
Reversionary Rights...........................................13-27 Overview .................................................................14-2
Street Intersections .............................................13-31 Precedent and the Common Law ..........................14-2

Special Note: .......................................................13-31 Evolution of the Law of Dedication.......................14-3
Abutting Property Owned by Public Agency ...13-32 Territorial Land Laws..............................................14-3
Alleys ...................................................................13-32
How Highways are Established .............................14-5
How Are Lots Affected By Street
or Alley Vacations?.............................................13-32
Vacation of Subdivision.....................................13-33 15Dedication
Easements For Road Purposes.............................13-33 Dedication...............................................................15-3
Land Reserved in Deeds as Public Roads.......13-34
The Public; Public Use.............................................15-3
Dedicated Streets Not Yet Open
to Public Travel ...................................................13-35 Common Law Dedications .....................................15-4
Number of Sales Required ..................................15-7
Laws Pertaining to
County RoadsRoad Widths...............................13-35 Intent ......................................................................15-7
x
Parrish v. Stephens ............................................. 15-11 Closure of Driveway by City Legitimate
When for Public Safety and Convenience,
Oregon City v. Oregon
and When Other Access can be Had;
& California Railroad Co...................................15-14
Police Power of City...........................................15-41
Security Investment Co. v. Oregon City..........15-16
Can the Publics Easement be Defeated
Burden of Proof to Establish by Nonuse, Adverse Possession, Equitable
Intent to Dedicate ...............................................15-19 Estoppelor Property Taxation? .........................15-43
Acceptance ..........................................................15-21 Nuisance in Public Ways...................................15-47
Acts of Acceptance by Cities or Counties .......15-22 Action For Reduced Commercial Property
Value Resulting From Street Use Restriction ......15-52
Common Law Dedication Not a Grant...........15-23
Road HazardsCounty Roads ........................15-52
Recording Not a Requirement
of a Common Law Dedication .........................15-24 Provisions for Occupying a Street to Facilitate
Travel, Transportation or Distribution by Port
Reservations in Deeds for Public Roads .........15-24
Commission, Dock Commission, Common
Common Law Dedication Carrier, etc. ..........................................................15-53
vs. Subdivision Laws .........................................15-24
Street Obstructions and Barriers ......................15-53
Statutory Dedications ..........................................15-27 Bernard v. Willamette Box
Statutes, Notes and Annotations......................15-27 & Lumber Company ..........................................15-55
1. Dedication generally......................................15-28 Cabell et al v. Cottage Grove et al ....................15-57
2. Statutory dedication.......................................15-29 Statutory Considerations ..................................15-60
3. Common law dedication...............................15-29 Police Power of Cities ........................................15-61
4. Acceptance.......................................................15-29 Footnotes ..............................................................15-63

5. Loss of rights in dedicated property ...........15-29
Effect of Common Law 16Court Cases

and Statutory Dedications...................................15-31
Right, Title and Interest in Public Ways Review of Cases ......................................................16-3
Dedicated by Common Law and Statute........15-31
Estates or Interests in Rights of Way
Abutting Owners Title in Dedicated Acquired by Government.......................................16-8
Ways Clarified.....................................................15-32
Dedicated Ways ....................................................16-9
Clarification of the Words Revert
and Reversion ...................................................15-33 Cities or Counties as Dedicators ......................16-12
When Estate in Nonvacated and Vacated Statutory Considerations ..................................16-12

Ways Pass if Not Mentioned in Deed..............15-34
The State Highway System ..................................16-14
Lawful and Unlawful Uses of Public Ways; State Highways Through Cities .......................16-16
Use and Nonuse ....................................................15-34
State Throughways ............................................16-16
Diversion: Public Square to a City Hall ..........15-35
Rights of Access to Throughways are Controlled
Private Structure Benefiting Public by the Department of Transportation..............16-17
Can be Misuser ...................................................15-35
County Roads; Acquisition of Right of Way,
Conversion of a County Road to a City
Authority, Special Laws, County Throughways ....16-17
Street by Annexation is Not a Diversion.........15-38
Legalization of County Roads;
Pedestrian Malls are Lawful Use
Statutory Procedures..........................................16-19
of Public Ways ....................................................15-38
Authority for Counties to Acquire
Private Irrigation Ditch in Public Way,
Property for Roads .............................................16-20
Blocking Owners Access, Held
to be Misuser.......................................................15-39 Public Roads Over Lands of the United States..16-21
xi
Road Viewers Method of Acquiring Problem 8: Apportionment of a Vacated Street
Land for Public Road Purposes........................16-21 with Property Lines Intersecting Curved Right of
Way Side Lines ...................................................16-54
Acquisition of Certain Real Property as
Provided for in Procedures for Legalization Problem 9: The Debatable Solution .................16-55
of County Roads.................................................16-21 Problem 10: Three-Way Intersection................16-56
Market Roads/Ways of Public Easement .......16-21 Problem 11: Vacation of One
County Throughways........................................16-22 Intersecting Street...............................................16-57
Forest Roads........................................................16-22 Problem 12: How Are Lots Affected

by Street and Alley Vacations? .........................16-58
Disincorporation of a City.................................16-22
Problem 13: Conveyance of Street
Use of City Streets by a County .......................16-22 Before or After Its Vacation ...............................16-58
City Jurisdiction Over Public Ways; Problem 14: Is Repealed Statute, in Effect
Acquisition of Right of Way; Powers Over After Establishment of Public Way,
City Ways; Transfer of Jurisdiction County Self-Executing? Re 1860 and 1864 Laws..........16-59
Roads to City; Special Laws..................................16-23 Problem 15: Can City or County Annex a
County Market Roads Within Cities ...............16-23 Condition Subsequent of Ordinance Vacating
Street? If Such Condition Void, Is Vacation
Powers of Cities Relating to Invalidated?.........................................................16-61
Roads and Highways.........................................16-24
Other Vacation Problems...................................16-63
Transferring Jurisdiction Over
County Roads Within Cities .............................16-24
Special Laws for Amity, Monmouth, 17Public Ways by Subscription
Myrtle Point and Salem.....................................16-25
Bayard v. Standard Oil Co.......................................17-4
The Extinguishment of Public Ways ....................16-25
Bostwick v. Hosier..............................................16-25 Wallowa County v. Wade ........................................17-7
Martin v. Klamath County ................................16-26 Parrott v. Stewart....................................................17-9

Hohnbaum v. City of Woodburn......................16-28 City of Clatskanie v. McDonald ............................17-11
Vacation Statutes..................................................16-28 Macleay Estate Co. v. Curry County .....................17-13
Vacation of County Property ............................16-31 Sweet et al v. Irrigation Canal Co.
Undeveloped Subdivision ................................16-34 (Reference only)....................................................17-14
Re-platting...........................................................16-35 Huggett et ux v. Moran et ux ...............................17-14

Vacation Problems..............................................16-36 Hay v. Stephens (1972) .........................................17-16
Problem 1: Siegenthaler v. N. Tillamook San.....16-36
City of Ashland v. Hardesty (1975) ......................17-17
Problem 2: Does the Deed Convey the Fee?
Or Merely an Easement? ...................................16-37 Endnotes ...............................................................17-20
Problem 3: The Park Avenue Case ...................16-46

Problem 4: Abutting Property 18Miscellaneous
of the Dedicator ..................................................16-47
Problem 5: Variation of Problem ......................16-48 The Widths of Public Ways .....................................18-3
Problem 6: Apportionment of a Vacated Road..16-48 Latourette v. County Court .................................18-5

Sweet et al v. Irrigation Canal Co.s...................18-7
Problem 7: Apportionment of a Vacated
Street With Property Lines Intersecting Miscellaneous Rules and Principles
Right of Way Side Lines at an Angle ...............16-50 of Law-Road Widths ..........................................18-15
xii
City of Eugene v. Garrett44 ...............................18-15 Miscellaneous Formula ..................................... E-12
Alteration of County Roads-Case Study, Trigonometric Functions Oblique Triangles .....E-14
Re Procedural -Problems...................................18-17
The Rectangular Survey in Oregon ................. E-15
Abandonment of a Public Easement...................18-24 Zones of the Lambert Projection ..................... .E-16
Dedicated Parks,Public Squares, Etc. ..................18-24 Sixteenth Corner Numbering System ............. E-17
Endnotes ...............................................................18-25 Index to Labeling Aliquot Parts of a

one quarter-quarter section................................ E-18
Marking of Interior 14 Corners
Appendices and all 16 corners................................................. E-19
Traverse Computation Sheet ............................. E-20
Standards for Digital Cadastral Maps
Appendix A: Reliability Codes ................................ xxv Coordinate Sheet ................................................. E-21
Appendix A. (Vol. 1) Annotations ............................A-1 Subdivision of a Section ..................................... E-22

Divisions of Quarter &
Appendix B: Oregon Revised Statutes ....................B-1
Quarter Quarter-Sections ................................. .E-24
Appendix C: Court Cases ..........................................C-1 Fractional Section Due to Water........................ E-25
The Oregon Supreme Court................................. C-1 Establishing Townships..................................... E-27
Oregon Court of Appeals ..................................... C-1 Establishing Sections......................................... .E-28
Oregon Tax Court .................................................. C-2 Index of Oregons Navigable Waterways
Circuit Courts......................................................... C-2 As of January 1, 1977........................................... E-29
District Courts........................................................ C-2 Tidal and Sea Level Elevations

and Definitions .................................................... E-33
County Courts ....................................................... C-2
General Estuary Profile ..................................... E-34
Justice Courts ......................................................... C-2
Notes ....................................................................... C-3 Tables..................................................................... .E-37
Court citations ....................................................... C-3 1. Conversion Factors ......................................... E-39
Oregon Supreme Court ........................................ C-3 2. Tables of Measurements ................................. E-40
Citations: Supreme Courts of Other States........ C-3 3. Metric Tables .................................................... E-41
Citations: Oregon Court of Appeals ................... C-4 4. Metric Conversion Tables............................. .E-42
Citations: Federal Cases ....................................... C-4 5. Metric Angular Measure ................................ E-44
Law publications ................................................... C-4 6. Rods to Feet..................................................... E-45
Oregon Revised Statutes ...................................... C-4 7. Chains to Feet ................................................. E-46
Periodicals .............................................................. C-4 8. Decimals Equivalents of Fractions................ E-47
ORS References...................................................... C-7 9. Map Scale Conversions ................................. E-48

10. Radians to Degrees, minutes & Seconds &
Appendix D: Location of the Willamette
Meridianand the Oregon Base Line ....................... D-1 Radians to Degrees in Decimals........................ E-49
11. Degrees, minutes Seconds to Radians ........ E-50
Appendix E: Abbreviations ...................................... E-1
12. Compass Conversions: Cardinal
Mathematical Symbols and Abbreviations........ E-5
to Angular............................................................. E-51
Curve & Spiral Curve Nomenclature................. E-6
13. Compass Conversions: Cardinal
Basic Spiral Formulas ......................................... .E-7 to Bearings............................................................ E-52
Spiral Curve Elements ......................................... E-9 14. Degree of Curve To Radii............................. E-53
xiii
15. Lambert Conformal Projection 21. Corrections to Natural Scale Ratios ............ E-77
Oregon North Zone............................................. E-59
22. Corrections to Natural Scale Ratios ............ E-78
16. Lambert Conformal Projection
Oregon North Zone; For 1 of 23. Probable Error Factors ................................. E-79
Longitude = 0.70918602 of theta ....................... E-63
24. Conversion Acres to Square Feet
17. Lambert Conformal Projectio and Square Feet to Acres .................................... E-80
Oregon South Zone ............................................. E-67
25. Right-Of-Way Acreages (Acres Per Various
18. Lambert Conformal Projection
Oregon South Zone; For 1 of Widths and Lengths of Right-Of-Way) ............ E-85
Longitude = 0..68414738 of theta .................... E-72 26. Right-Of-Way Acreages (Acres per tenth of
19. Meridian Convergency Hundred Foot Stations) ..................................... E-86
(Six Miles long Six Miles Apart)..................... E-76
27. Standard Highway Spiral............................. E-87
20. Constants for Oregon
Oregon Coordinate System............................... E-76 28. Railroad Taper Tables.................................... E-99
xiv
List of Illustrations
Figure Page Figure Page
2-1 Showing a second divided in sections 2-35 Illustrates correct way to show points of call
using the letter designation................................... 2-5 in a river or stream ............................................... 2-17
2-2 Showing a section divided into sections 2-36 ................................................................................. 2-19
using the numerical designation .......................... 2-5 2-37 Illustrates standard freehand lettering guide ... 2-19
2-3 Showing a section divided into sections 2-38 ................................................................................. 2-19
using the numerical designation .......................... 2-5
2-39 Illustrates correct labeling of patented mining
2-4 Showing non-standard section ............................. 2-6 claims...................................................................... 2-20
2-5 Illustrates correct map positioning ...................... 2-6 2-40 Illustrates a sample of a 1=2000 scale and
2-6 Illustrates incorrect map boundaries ................... 2-6 and index map................................................... 2-25
2-7 ................................................................................... 2-7 2-41 Illustrates a sample of a 1=400 scale map
2-8 ................................................................................... 2-7 index ....................................................................... 2-26
2-8A Illustrates correct map positioning ...................... 2-7 2-42 Illustrates a sample of a 1=200 scale map
2-8B Illustrates incorrect map positioning ................... 2-7 and and index map........................................... 2-27
2-9 Illustrates correct map number and subtitle 2-43 Illustrates a sample of a 1=200 map with
positioning ............................................................... 2-7 nonstandard map boundary ............................... 2-28
2-12 Illustrates correct information and layout 2-44 Illustrates a sample of a 1=400 scale and
of a transmission easement ................................. 2-11 and index map................................................... 2-29
2-13 Illustrates correct railroad symbols.................... 2-11 2-45 Illustrates a sample of a 1=400 scale map
indexing a supplemental map ............................ 2-30
2-14 Illustrates correct vegetation line symbol ......... 2-12
2-46 Illustrates a sample of a 1=20
2-15 Illustrates correct zoning district boundary line.. 2-13
supplemental map ................................................ 2-31
2-16 Illustrates correct symbols for code lines,
2-47 Illustrates a sample of a partial 1=400
subdivision lines, triangulation stations, bench
scale map................................................................ 2-32
marks, found corners and coordinate points.... 2-13
2-48 Illustrates a sample of a 1=2000 split by
2-17 Illustrates correct and incorrect map arrows .... 2-13
a county line .......................................................... 2-33
2-18 Illustrates different types of acceptable arrows ... 2-13
2-49 Illustrates a sample of a 1=800 scale map
2-19 Illustrates correct arrow placement.................... 2-13 of mining claims.................................................... 2-34
2-20 Illustrates arrow to indicate direction of 2-50 Illustrates a sample of a 1=2000 scale map .... 2-35
stream or river flow .............................................. 2-13
2-51 Illustrates a sample of a correctly drawn
2-33 Illustrates correct manner of locating highway 1=100 scale map ................................................. 2-36
survey data ............................................................ 2-14
2-22 Illustrates correct use of arrows to reference
with confusing water boundary ......................... 2-37
monuments and specific corners ........................ 2-14
2-53 Illustrates a sample of a 1=2000 scale map with
2-23 Illustrates correct way to show found
patterning highlighting water boundaries........ 2-38
section corners....................................................... 2-15
2-24 Illustrates correct way to show section
requiring a detail map.......................................... 2-39
corners in surveyed public lands ....................... 2-15
2-55 Illustrates a sample of a 1=40 detail map....... 2-40
2-25 Illustrates correct labeling of corners................. 2-15
3-1 Illustrates the township and range network....... 3-2
2-26 Illustrates correct labeling of meander corners ... 2-15
3-2 Illustrates a one-township quadrangle................ 3-2
2-27 Illustrates correct labeling of interior D.L.C.
Corners ................................................................... 2-15 3-3 Illustrates a township subdivided into sections .... 3-3
2-28 Illustrates correct labeling of D. L. C. corners . 2-16 3-4 Illustrates a section subdivided into sections ..... 3-3
2-29 Illustrates correct dimensioning and labeling 3-5 Illustrates a section divided into sections .......... 3-3
of abutting D.L.C.S .............................................. 2-16 3-6 Illustrates a section divided into sections
2-30 Illustrates correct labeling of D.L.C. and sections ............................................................ 3-3
boundary lines....................................................... 2-16 3-7 Illustrates the Willamette Meridian and
2-31 Illustrates an optional D.L.C. listing for Oregon base line ..................................................... 3-4
individual maps .................................................... 2-16 3-8 Illustrates letter designations for the
2-32 Illustrates correct lot number placement........... 2-16 four quarters of a section ....................................... 3-5
2-34 Illustrates correct way to show points of 3-9 Illustrates letter designations for the
call in a street or road ........................................... 2-16 four quarters of a quarter section ......................... 3-5
xv
3-10 Illustrates letter designations for sectionsand 4-8 ................................................................................... 4-6

sections ..................................................................... 3-5 4-9 ................................................................................... 4-6
3-11 Illustrates standard townships and ranges ......... 3-6 4-10 ................................................................................... 4-7
3-12 Illustrates irregular townships and ranges ......... 3-6 4-11 ................................................................................... 4-7
3-13 Illustrates letter designation for section of an 4-12 ................................................................................... 4-7
elongated section .................................................... 3-7
4-13 ................................................................................... 4-8
3-14 Illustrates letter designation for sections of an
elongated section .................................................... 3-7 4-14 ................................................................................... 4-8
3-15 Illustrates the incorrect letter designation- of 4-15 ................................................................................... 4-9

section of an elongated section ............................. 3-7 5-1 ................................................................................... 5-2
3-16 Illustrates the correct letter designations of the 5-2 ................................................................................... 5-3
same section of an elongated section .................. 3-8 5-3 ................................................................................... 5-4
3-17 Illustrates examples of standard tax lot 5-4 ................................................................................... 5-4
numbers in various counties ................................. 3-8
5-5 ................................................................................... 5-5
3-18 Illustrates the correct numerical designations
5-62 ................................................................................... 5-5
of the four quarters of a section ............................ 3-9
5-72 ................................................................................... 5-5
3-19 Illustrates the correct numerical designations
of sections of a section........................................... 3-9 5-82 ................................................................................... 5-5
3-20 Illustrates proper parcel number sequence....... 3-10 5-9 ................................................................................... 5-7
3-21 Illustrates an optional parcel number 5-12 ................................................................................... 5-8
sequence in subdivision....................................... 3-10 5-11 ................................................................................... 5-8
3-22 Illustrates an optional parcel number sequence ...3-11 5-10 ................................................................................... 5-8
3-23 Illustrates the preferred parcel number 5-13 ................................................................................... 5-9
sequence in subdivision....................................... 3-11 5-15 ................................................................................. 5-10
3-24 Illustrates proper parcel flow on a 1 400 5-14 ................................................................................. 5-10
scale map................................................................ 3-11
5-16 ................................................................................. 5-11
3-25 Illustrates proper parcel flow on a 1=2000
scale map................................................................ 3-12 5-17 ................................................................................. 5-14
3-26 Illustrates the proper use of a ninety-nine 5-18 ................................................................................. 5-14
parcel number ....................................................... 3-12 5-19 ................................................................................. 5-16
3-27 Illustrates the proper placement of an 6-1 ................................................................................... 6-1
improvement only parcel number ................. 3-13 6-2 ................................................................................... 6-2
3-28 Illustrates the proper placement of 6-3 ................................................................................... 6-3
animprovement only parcel number ............. 3-14
6-4 ................................................................................... 6-4
3-29 Illustrates the proper placement of
6-5 ................................................................................... 6-5
animprovement only parcel within
a railroad right of way ......................................... 3-14 6-6 ................................................................................... 6-5
3-30 Illustrates the proper placement of an 6-7 ................................................................................... 6-5
undivided interest parcel number.................. 3-15 6-8 ................................................................................... 6-5
3-31 Illustrates the proper use of a subsurface 6-9 ................................................................................... 6-6
ownership parcel number ................................. 3-16 6-10 ................................................................................... 6-7
3-32 Illustrates the proper use of a 6-11 ................................................................................... 6-7
subsurface ownership parcel
number of segregated parcel............................... 3-16 6-12 ................................................................................... 6-7
3-33 Illustrates the proper way to assign 6-13 ................................................................................... 6-7
parcel numbers to condominium units ............. 3-16 6-16 ................................................................................. 6-10
4-1 ................................................................................... 4-2 6-17 ................................................................................. 6-11
4-2 ................................................................................... 4-3 6-18 ................................................................................. 6-12
4-3 ................................................................................... 4-3 6-19 ................................................................................. 6-13
4-4 ................................................................................... 4-4 6-20 ................................................................................. 6-14
4-5 ................................................................................... 4-4 6-21 ................................................................................. 6-14
4-6 ................................................................................... 4-5 6-22 ................................................................................. 6-16
4-7 ................................................................................... 4-5 6-23 ................................................................................. 6-17
xvi
6-24 ................................................................................. 6-17 8-21 ................................................................................. 8-20

6-25 ................................................................................. 6-18 8-23 ................................................................................. 8-21
6-26 ................................................................................. 6-18 8-24 ................................................................................. 8-22
6-27 ................................................................................. 6-18 8-25 ................................................................................. 8-22
6-28 ................................................................................. 6-19 8-26 ................................................................................. 8-25
6-29 ................................................................................. 6-20 8-27 ................................................................................. 8-26
6-30 ................................................................................. 6-20 8-28 ................................................................................. 8-27
6-31 ................................................................................. 6-20 8-29 ................................................................................. 8-28
6-32 ................................................................................. 6-21 8-30 ................................................................................. 8-28
6-33 ................................................................................. 6-21 8-31 ................................................................................. 8-28
6-34 ................................................................................. 6-21 8-32 ................................................................................. 8-29
6-35 ................................................................................. 6-22 8-33 ................................................................................. 8-29
6-36 ................................................................................. 6-27 8-34 ................................................................................. 8-30
6-37 ................................................................................. 6-28 8-35 ................................................................................. 8-30
6-38 ................................................................................. 6-28 8-36 ................................................................................. 8-31
6-39 ................................................................................. 6-29 8-37 ................................................................................. 8-32
6-40 ................................................................................. 6-29 8-38 ................................................................................. 8-33
6-41 ................................................................................. 6-30 8-39 ................................................................................. 8-34
7-2 ................................................................................... 7-5 8-40 ................................................................................. 8-36
7-3 ................................................................................... 7-5 8-41 ................................................................................. 8-38
7-4 ................................................................................... 7-6 8-43 ................................................................................. 8-41
7-5 ................................................................................... 7-6 8-44 ................................................................................. 8-42
7-6 ................................................................................... 7-6 8-45 ................................................................................. 8-43
7-8 ................................................................................... 7-7 8-46 ................................................................................. 8-44
7-7 ................................................................................... 7-7 8-47 ................................................................................. 8-45
7-9 ................................................................................... 7-8 8-48 ................................................................................. 8-46
7-10 ................................................................................... 7-9 8-50 ................................................................................. 8-48
7-13 ................................................................................. 7-11 8-51 ................................................................................. 8-49
8-1 ................................................................................... 8-2 8-52 ................................................................................. 8-50
8-2 ................................................................................... 8-4 8-53 ................................................................................. 8-50
8-3 ................................................................................... 8-5 8-54 ................................................................................. 8-51
8-4 ................................................................................... 8-6 8-55 ................................................................................. 8-51
8-5 ................................................................................... 8-8 8-56 ................................................................................. 8-52
8-6 ................................................................................. 8-10 8-57 ................................................................................. 8-54
8-7 ................................................................................. 8-11 9-1 ................................................................................... 9-2
8-9 ................................................................................. 8-13 9-2 ................................................................................... 9-2
8-10 ................................................................................. 8-14 9-3 ................................................................................... 9-3
8-11 ................................................................................. 8-15 9-4 ................................................................................... 9-6
8-12 ................................................................................. 8-15 9-7 ................................................................................... 9-7
8-13 ................................................................................. 8-15 9-8 ................................................................................... 9-7
8-14 ................................................................................. 8-15 9-9 ................................................................................... 9-9
8-15 ................................................................................. 8-16 9-10 ................................................................................... 9-9
8-16 ................................................................................. 8-17 9-11 ................................................................................... 9-9
8-17 ................................................................................. 8-18 9-12 ................................................................................... 9-9
8-18 ................................................................................. 8-18 9-13 ................................................................................. 9-10
8-19 ................................................................................. 8-19 9-15 ................................................................................. 9-11
8-20 ................................................................................. 8-19 9-16 ................................................................................. 9-12
8-22 ................................................................................. 8-20 9-17 ................................................................................. 9-13
xvii
9-18 ................................................................................. 9-13 10-19 ............................................................................... 10-37

9-19 ................................................................................. 9-13 10-20 ............................................................................... 10-43
9-20 ................................................................................. 9-14 11-1 ................................................................................. 11-3
9-21 ................................................................................. 9-14 11-2 ................................................................................. 11-3
9-22 ................................................................................. 9-14 11-3 ................................................................................. 11-4
9-23 ................................................................................. 9-15 11-4 ................................................................................. 11-4
9-24 ................................................................................. 9-16 11-5 ................................................................................. 11-5
9-25 ................................................................................. 9-17 11-7 ................................................................................. 11-6
9-26 ................................................................................. 9-18 11-6 ................................................................................. 11-6
9-27 ................................................................................. 9-18 11-8 ................................................................................. 11-8
9-29 ................................................................................. 9-20 11-9 ................................................................................. 11-9
9-30 ................................................................................. 9-20 11-10 ................................................................................. 11-9
9-32 ................................................................................. 9-21 11-11 ................................................................................. 11-9
9-33 ................................................................................. 9-23 11-13 ................................................................................. 11-9
9-34 ................................................................................. 9-24 11-15 ................................................................................. 11-9
9-36 ................................................................................. 9-25 11-14 ................................................................................. 11-9
9-35 ................................................................................. 9-25 11-12 ................................................................................. 11-9
9-37 ................................................................................. 9-26 11-17 ............................................................................... 11-10
9-38 ................................................................................. 9-26 11-16 ............................................................................... 11-10
9-39 ................................................................................. 9-27 11-18 ................................................................................11-11
9-40 ................................................................................. 9-27 11-19 ............................................................................... 11-12
9-41 ................................................................................. 9-27 11-20 ............................................................................... 11-12
9-42 ................................................................................. 9-28 11-21 ............................................................................... 11-13
9-43 ................................................................................. 9-28 11-22 ............................................................................... 11-14
9-44 ................................................................................. 9-28 11-25 ............................................................................... 11-15
9-45 ................................................................................. 9-28 11-23 ............................................................................... 11-15
9-46 ................................................................................. 9-29 11-24 ............................................................................... 11-15
9-47 ................................................................................. 9-29 11-26 ............................................................................... 11-15
9-48 ................................................................................. 9-29 11-29 ............................................................................... 11-16
9-51 ................................................................................. 9-32 11-28 ............................................................................... 11-16
9-52 ................................................................................. 9-34 11-27 ............................................................................... 11-16
9-53 ................................................................................. 9-36 11-30 ............................................................................... 11-16
10-2 ............................................................................... 10-12 11-31 ............................................................................... 11-17
10-3 ............................................................................... 10-16 11-33 ............................................................................... 11-19
10-4 ............................................................................... 10-17 11-32 ............................................................................... 11-19
10-6 ............................................................................... 10-20 11-34 ............................................................................... 11-21
10-7 ............................................................................... 10-21 11-35 ............................................................................... 11-21
10-8 ............................................................................... 10-29 11-36 ............................................................................... 11-23
10-9 ............................................................................... 10-30 11-37 ............................................................................... 11-23
10-10 ............................................................................... 10-32 11-38 ............................................................................... 11-24
10-11 ............................................................................... 10-34 11-41 ............................................................................... 11-25
10-12 ............................................................................... 10-34 11-40 ............................................................................... 11-25
10-13 ............................................................................... 10-35 11-39 ............................................................................... 11-25
10-15 ............................................................................... 10-36 11-42 ............................................................................... 11-27
10-14 ............................................................................... 10-36 11-43 ............................................................................... 11-27
10-16 ............................................................................... 10-37 11-44 ............................................................................... 11-27
10-18 ............................................................................... 10-37 11-45 ............................................................................... 11-27
10-17 ............................................................................... 10-37 11-46 ............................................................................... 11-28
xviii
11-47 ............................................................................... 11-28 13-28 ............................................................................... 13-41

11-49 ............................................................................... 11-29 13-29 ............................................................................... 13-42
11-50 ............................................................................... 11-29 15-1 Facsimile of McLoughlin Map
11-48 ............................................................................... 11-29 (except for notations).......................................... 15-15
11-51 ............................................................................... 11-29 15-2 Order of Transactions Involving
Subject Property (Broadway St.)....................... 15-19
11-52 ............................................................................... 11-30
11-54 ............................................................................... 11-30 15-3 City of Salem V. Merritt Truax, 70
Or App 138, 1984................................................. 15-39
11-53 ............................................................................... 11-30
16-1 City Owned Property, Tract B of
11-56 ............................................................................... 11-31 R. Truscotts First Addition ................................. 16-8
11-55 ............................................................................... 11-31
16-2 Siegenthaler V. N. Tillamook San.,
122 ............................................................................... 12-10 26 Or App 611, 8-30-1973 ................................... 16-35
12-5 ............................................................................... 12-14 16-3 Unlawful Distribution of Vacated Street ......... 16-44
12-6 ............................................................................... 12-15 16-4 Zimmerman Land Prior to Subdivision .......... 16-45
12-7 ............................................................................... 12-17 16-5 Zimmermans First Addition ............................ 16-45
13-1 ................................................................................. 13-6 16-6 Zimmermans Second Addition ....................... 16-45
13-2 ................................................................................. 13-7 16-7 Correct Apportionment of Vacated
13-3 ................................................................................. 13-9 County Road........................................................ 16-47
13-4 ............................................................................... 13-10 16-8 Incorrect Apportionment of Vacated
13-6 ............................................................................... 13-14 County Road........................................................ 16-47
13-6 ............................................................................... 13-15 16-9 Property Lines Intersecting Monroe Street ..... 16-48
13-7 ............................................................................... 13-16 16-10 Detail of SW Line Parcel 900 ............................. 16-49
13-7 ............................................................................... 13-17 16-11 Correct Apportionment of Vacated County Road ...
13-8 ............................................................................... 13-23 16-49
13-10 ............................................................................... 13-26 16-12 Apportioning Fee in Vacated Public Way
Re: Curved Right-of-way................................... 16-50
13-11 ............................................................................... 13-26
16-13 Problem No. 9...................................................... 16-50
13-12 ............................................................................... 13-26
16-14 Right Angle Rule Applied on Curve of
13-18 A............................................................................. 13-28
a Right-of-way..................................................... 16-51
13-18 B ............................................................................. 13-28
16-15 First Solution to Problem No. 9 ........................ 16-53
13-19 ............................................................................... 13-29
16-16 Debatable (Alternate) Solution to
13-18 C............................................................................. 13-29 Problem No. 9...................................................... 16-53
13-20 ............................................................................... 13-29 16-17 Application of Principle Number
13-21 ............................................................................... 13-29 Seventy-Eight ...................................................... 16-54
13-22 ............................................................................... 13-30 16-18 Three-Way Intersection ...................................... 16-55
13-23 ............................................................................... 13-31 16-19 Problem No. 11 .................................................... 16-55
13-24 ............................................................................... 13-36 16-20 Indicates Original and Only Lot Corners........ 16-55
13-25 ............................................................................... 13-38 16-21 Jenkins Street ...................................................... 16-56
13-26 ............................................................................... 13-39 18-1 Sweet ET. Al. v. Irrigation Canal Co,
13-27 ............................................................................... 13-40 198 Or. 166, 254 p2d 700....................................... 18-7
xix
xx
The cadastral map has always been a mainstay of
INTRODUCTION property taxation and a critical element of govern-
mental land data systems. Chapter 1 provides back-
This manual has four goals. The first is to prepare a ground information on the development of cadastral
base for understanding the concepts and standards of cartography, and the development of the State Stan-
the State Standard Cadastral Map System. The sec- dard Cadastral Map System.
ond, prompted by numerous requests from county Chapter 2 discusses cadastral map standards, which
assessors, is to provide the technical fundamentals of have been developed over a period of 23 years. Some
cadastral cartography for the training of new cartog- standards were not incorporated in the county map
raphers. The third goal is to provide necessary but systems developed in the early stages of the state-
often hard to find cadastral, legal and cartographic wide mapping program, but new maps being added
reference material in one readily accessible volume: to the system should conform to the standards. If this
reference material such as conversion tables, geodetic is done systematically, the county map system even-
tables, critical formulae, riparian charts, abbrevia- tually will become standard.
tions, glossary of terms.
Chapter 3 deals with the standard tax lot number.
The fourth goal is to provide a balanced picture of Like the map standards, tax lot number requirements
the science and art of cadastral cartography; to show have changed slightly since their inception.
that this branch of mapping extends far beyond what One of the most difficult problems confronting new
has often been misconstrued as a mere drafting task. cartographers, and some map users, is understand-
Cadastral cartography is an intellectual activity that ing the elements of direction. Chapter 4 outlines the
requires a working knowledge of the fundamentals fundamentals of the six major systems of angular
of a host of sciences and related professional activi- measure. It discusses items such as meridians, dec-
ties, rather than merely an exercise of reading deeds lination, quadrants, azimuths, deflection angles, plot-
and drawing lines. ting angles and bearings with a drafting machine,
Cadastral cartography is the oldest form of mapping etc.
known to modern man, dating back to approximately The rectangular survey system forms the geographi-
4000 B.C. Today, it dominates the cartographic world cal base of the cadastral map system .It is used exten-
not necessarily in a scholarly sense, but in sheer sively as the base for deed descriptions. Chapter 5
volume of maps produced. Yet, very little has been explains most of the fundamentals of the rectangular
published about cadastral cartography. That which survey, and emphasizes specific elements that have
has been published is so narrow in scope (dealing been a constant source of problems in map construc-
primarily with map format and content) as to render tion and maintenance. In addition, the chapter pro-
it useless as far as the technical elements of cadastral vides specific legal opinions that must be considered
cartography are concerned. in the mapping and maintenance process.
This manual does not contain everything one would Until a few years ago, there was little need for cartog-
need to know about cadastral cartography. Rather, raphers to be concerned about surveying. Now, the
it is a base of information for identifying and under- map-user community demands extreme accuracy in
standing problems, and for making intelligent deci- the geometry of the land-parcel polygons displayed
sions on how to handle those problems. Basics alone on the map and this can be obtained only by utilizing
will not suffice as a means of mastering the intricacies surveys. Furthermore, the inclusion of the cadas-
of cadastral cartography. We recommend extensive tral survey in the mapping process has resulted in
study of the sciences and professions related to this increased map life, fewer taxpayer complaints and
branch of cartography: higher mathematics, survey- increased efficiency in the maintenance function. It
ing, boundary control and legal principles, photo- is not essential for the cartographer to be a surveyor,
grammetry, computer-assisted graphics, real estate, but it is important to know about this science of mea-
real property law, micrographics, general cartography, surements because the same science is applied in the
geodesy, geography and ad valorem taxation. The bib- cartographic process. Chapter 6 introduces the ba-
liography provided in the manual will guide you to sics of surveying; the types of surveys; the problems
encountered and methods used in making field sur-
many excellent books on many of these subjects.
veys. It places special emphasis on survey precision,
The first part of the manual, through Chapter 3, deals accuracy, and sources and types of errors. These are
primarily with concepts and standards of the State survey elements that cartographers should under-
Standard Cadastral Map System. The remaining stand, but often do not. Moreover, the error and
chapters deal with methods and procedures. quality factors in surveying are, with few exceptions,
xxi
applicable to cadastral cartography. The chapter only every principle contained in the chapter (this may be
touches on this complex science. The full scope of found in the footnotes). And, we have provided a
surveying, necessary to the registered surveyor, in- special bibliography on riparian rights material.
volves advanced and complex principles that extend
Chapter 11 deals with cartographic drafting; specifi-
far beyond the scopes of this publication.
cally the tracing function.
The use of the state plane coordinates, as a mathemat-
Chapter 12 provides the elements of map control
ical base of the cadastral map system is a relatively
and a suggested step by step procedure for establish-
new procedure at least new to the Oregon Standard
ing good control. It places special emphasis on the
Cadastral Map System. It is a required base in all
mathematical base of the cadastral map system, the
present Oregon Department of Revenue map projects
Oregon Coordinate System, and it includes a compre-
but rarely used in the counties. Chapter 7 explains
hensive list of sources for map control data.
the plane coordinate concept. It begins with an intro-
duction to the development of map projections and Chapter 13 explores the cadastral map and record
coordinates: describes the map projection concepts maintenance function. It defines important main-
(i.e., the Lambert Conic Conformal Projection, Uni- tenance criteria and discusses the ramifications of
versal Transverse Mercator Projection, etc.); explains each.
the basic Cartesian coordinate principles; and defines
One problem that faces most cartographers is that of
the Oregon Coordinate System and related Oregon
having an easy, quick reference source to the many
Revised Statues.
mathematical tables needed for cadastral cartogra-
Chapter 8 explains highway right of way surveys and phy. The appendix provides most of the tables that
their importance in establishing map control. The are either out of print, incomplete in existing text
aim of the chapter is to assist the new cartographer and reference books, or are hard to find. However,
in interpreting the highway route survey drawings tables that are readily available from commercial
and in plotting the highway traverse. The same prin- outlets, such as tables of natural tangents, natural
ciples will apply to nearly any public or private road sine and cosines, square root, reciprocals, circumfer-
traverse, and often to railroad. Additional informa- ence, area of circles, exponential functions, etc., have
tion on highway curves and curve formulas may be been excluded from the appendix. The appendix also
found in the appendix. supplies a key to abbreviations that are either used
on the cadastral maps, or that will be encountered in
The cartographer must be adept in the mathematics
the mapping process. Also included in the appendix
of cadastral cartography. Mathematics is seldom a
are math symbols, spiral formula elements of a single
problem for the journeyman, but new cartographers
curve and circle, trigonometric functions, rectangular
especially those with only drafting experience
survey guides, riparian rights charts, an index of
usually find that they have forgotten many impor-
Oregons navigable waterways and estuaries, etc.
tant mathematical rules and formulas. Chapter 9 re-
views the mathematical rules and procedures needed The glossary in this manual is designed to develop
to complete cadastral computations. Special empha- a consistency in cadastral vocabulary and to sup-
sis is placed on survey problems such as balancing ply the general meanings of the many words and
angles; computing areas; computing coordinates; phrases used in cadastral cartography. Each defini-
conversion to geodetic coordinates; spiral curve tion has been checked with legal reference sources
computations; and traverse closure. Mathematical and is meant to define the majority opinion; but, it is
tables not readily available at commercial outlets are not necessarily applicable in every case, nor will the
included in the addendum. courts always agree with some definitions especially
if the circumstances surrounding a particular case are
The doctrine of riparian rights is deeply imbedded in
slightly different from those on which the definition
Federal and Oregon law and is now surfacing as one
is based. Therefore, the glossary must be used with
of the more important, or valuable, property rights.
care and only for mapping purposes. Never use this
Chapter 10 deals with the riparian right doctrine, one
information to provide legal counsel to a taxpayer.
of the most debated subjects of real property law. Be-
An attorney must provide that.
cause of the complexity of this subject, we have gone
to great lengths to document the authority for nearly Assessment and Appraisal Division
xxii
declination, quadrants, azimuth, deflection angles,
Preface and plotting angles and bearings with a drafting
machine.
The statewide cadastral map system is explained in Sections, or subdivisions of sections, established by
five volumes: the United States Rectangular Survey granted most
Vol. 1 Concepts and Standards of the land in Oregon. Even land granted under the
Donation Law was indirectly tied to the survey (as is
Vol. 2. Technical and Cartographic Procedures land conveyed by reference to subdivisions that are
Vol. 3 Maintenance Process. tied to the survey). Consequently, the Rectangular
Survey is the common denominator in most land
Vol. 4 Highway and the Law of Dedication. records (deeds, surveys, subdivision plats, etc.). For
Vol. 5 Mapping Riparian Lands this reason, it is the base of the map number part of
the state standard tax lot number, and the base for
Planned future additions are: map areas and scale.
Estates in Land, Title, and Deed Interpretation. Chapter 2 supplies those elements of the survey sys-
Mapping by Computer, and Geographic Informa- tem that cartographers must know, and map users
tion Systems should know. In addition, the chapter provides those
Photogrammetry and the Cadastral Map. principles of law that must be considered in the map-
ping and map maintenance process.
The purpose of this series is to supply tax administra-
tors with background on the map system, map stan- A survey does not create title; it only defines boundar-
dards, technical procedures, and legal principles that ies. (U.S. v. State Investment Co., 264 U.S. 206, 68 L.
must be considered in mapping the rights, title and Ed. 639; 285 F. 128-Eighth Circuit Court). Nomans
interests in real property. land has become a mere figure of speech. All lands
have ownership. With ownership comes rights-
The information will be useful for training cartogra-
boundaries, surveys, and, in some situations, case
phers and other assessment officials. It also will be
law. Boundaries, more than ownership, is the objec-
a valuable reference source for assessors, appraisers,
tive of the mapping effort because the boundaries
cartographers and the map user community. Finally,
are what limit the extent of ownership. Chapter 3 is
it will supply a balanced picture of the science and art
presented to not only acquaint you with surveys, but
of cadastral cartography.
to instill in the cartographer an appreciation of the
The Cartographic Unit has high hopes that the problems confronting the surveyor.
five-volume series will furnish a basis for equitable
Chapter 4 contains an explanation of coordinate
assessment and taxation of locally assessed real prop-
systems, such as the Oregon State Plane Coordinate
erty. It is intended that the information presented
Systems. This is a key element of the standard cadas-
will contribute to and promote further development
tral map system because the plane coordinate system
of the cadastral map system.
provides our map system with the ability to achieve
Volume 1 deals primarily with: tight, accurate mathematical control. Map projection
(such as the Lambert Conic Conformal and the
A brief history on cadastral cartography and cadas-
Universal Transverse Mercator Projection); plane co-
tres.
ordinates, basic Cartesian coordinate principles, and
Problems leading to the legislative acts to create a the Oregon State Plane Coordinate System form the
uniform mapping system in Oregon. outline of this chapter.
The philosophy of those who designed and devel-
oped the foundation of todays map standards. The surveys of major transportation routes (oil,
The graphic standards and map specifications. power, gas, as well as highway) are useful for math-
An explanation of the standard tax lot numbers ematically bridging other public and private surveys.
(the parcel identifier of the system). Yet the language of the route surveys is somewhat
confusing to cartographers, and the spiral and com-
The general index for the five-volume series.
pound spiral curves often seem impossible to plot.
Volume 2 contains the technical elements applied in Chapter 5 is designed to take the mystery out of the
cadastral cartography, such as direction, an element route map, and to provide solutions to the more dif-
that has proven to be confusing to new cartographers ficult curve problems. Hopefully, this chapter will
and to the map-user community. The six major sys- allow county cartographers to make better use of
tems of direction (or angular measure) are outlined the surveys of county roads, state highways, railroad
in Chapter 1. Information is included on meridian, right of way, transmission lines, and pipelines.
xxiii
Todays electronic calculators and computers have This volume contains a generous supply of case law
eliminated the burden of making manual calcula- of the Oregon Supreme Court, the principles and
tions. No longer does a cartographer need to manu- rules of law announced by that Court, and citations
ally compute the square of any number, or wrestle to nearly every Oregon Supreme Court case dealing
with a slide rule to close a traverse. with dedication, public ways, eminent domain, nui-
sance, user, misuser, etc., as well as many landmark
But little things like the concept of significant figures,
rounding of numbers, and mathematical operations re- cases before the high courts of other common law
main important in cadastral cartography. Moreover, states.
if a cartographer works in an office that does not Volume 5 deals with mapping riparian lands. This
have sophisticated electronic computation hardware, volume:
it will be necessary to know how to close a traverse,
compute latitude and departure, compute the length Includes a review of the doctrine of riparian rights.
of one or more sides of a triangle, and compute areas Contains a discussion of the important rules and
and coordinates. principles of law applicable to riparian lands and
rights.
Hopefully, Chapter 6 will supply enough informa- Provides case law considering the ownership of
tion for that cartographer to perform, at least, the riparian lands.
basic mathematical operations.
Touches on riparian lands and the public trust doc-
Automatic mapping system has eliminated much of trine.
the tedious manual drafting tasks. However, some Offers solutions to some of the complex problems
local map maintenance operation does not have such in mapping and assessing riparian lands.
luxuries. Moreover, even with such equipment at
the cartographers disposal, it remains necessary The glossaries provided in this series are designed to
for him or her to use.drafting hardware, instruments instruct as well as define. The primary objective is to
and techniques. Consequently, it was necessary to develop consistency in the language of cadastral car-
provide some drafting basics in this publication in tography. It is not only essential to know what a term
Chapter 7. means, but how it relates to a problem or situation,
how the court applies the term, and, when necessary,
Volume 3 contains guidelines for maintaining cadas- how the term is misused in certain cases. Each defi-
tral map systems to state standards. However, it falls nition has been checked with legal authorities, and is
short of providing helpful suggestions for managing usually the prevailing definition.
section, as well as the environmental and design cri-
teria for a drafting room operation (which is the same It is important for you to understand that everything
for a cartographic operation). This oversight will be about cadastral cartography is not contained in these
corrected in the future. five volumes. The omission of certain state of the
art processes should be obvious. Aside from that
The objective of Volume 4 is to improve the way that omission, these publications still supply only that
the dedicated public lands and highways are being information necessary to construct, maintain or un-
mapped and assessed, and to set the record straight derstand the standard cadastral maps.
on rights, title and interests in the public ways and
state highways. This volume was six years in the Consequently, extensive study is recommended of
making (about three years researching legal sources the sciences and professions related to the this branch
and three years in the writing). It is a comprehensive of cartography: trigonometry, calculus, computer
explanation of highways and the Law of Dedica- sciences (specifically automated mapping and com-
tion. The manual will be useful in identifying prob- puterized geographic land data processes), advanced
lems where legal assistance should be obtained, and surveying, boundary control and legal principles,
it will provide an approach to resolving many of the photogrammetry, real estate, real property law, and
less complex problems. the like is recommended.
xxiv
Standard for Digital Cadastral Maps
July 1, 1996
Introduction can be associated with a point, the better that point
will serve in the future. The reliability codes are:
This standard is a supplement to the Oregon Cadastral
Code Control Reliability
Map System manual (the manual) published by the
Oregon Department of Revenue. It is to be used with 1 1 foot or less
the manual to assist in preparing maps on a computer 2 3 feet or less
system. It applies to maps maintained for the use of 3 10 feet or less
the County Assessor in appraising property and pro- 4 40 feet or less
viding taxlot information to the public. Users should 5 100 feet or less
refer to both the manual and this standard for com- 9 Unknown
plete information on the creation and maintenance of
their maps. When a county is being remapped, the maps should be
built on NAD-83/91 State Plane Coordinates using inter-
The manual was prepared to set a standard for ca- national feet. This will facilitate information exchange.
dastral mapping in the State of Oregon. It is based on
manual mapping techniques with some reference to Minimum Map Requirements
computer-aided mapping. This supplemental stan-
dard was created in response to the number of public The following features are the minimum requirements
bodies creating Geographic Information Systems for maps maintained for the Assessors Office. Other
(GIS) and having trouble conforming the output to data may be included as required for the work of the
the standards in the manual. This standard is flex- office in any particular county. The graphic examples
ible enough to allow the Assessor to work with other show how the feature should be plotted on the map.
agencies in creating a dynamic GIS while providing
It should be noted that a GIS will require that each
the users with a standard map that will be recogniz-
able across the state. parcel form a closed polygon. Cartographers must
keep this in mind when drawing the maps and assure
It is important to realize that these digital maps will that all line intersections are broken and that there are
see extensive use by people outside the assessors of- no gaps or overlaps. It is standard practice in digital
fice. It is recommended that assessors undertaking remapping to separate all cartographic features into
mapping or establishing a GIS work with other users consistent and clearly defined layers or levels.
of their maps to incorporate features they will need.
Such features may include complete hydrography In an effort to accommodate other users, an attempt
coverage, zone boundaries, etc. should be made to leave about fifty feet of the lot
adjacent to the street vacant, except for bearings and
Any exceptions to this standard must be approved in distances.
writing by the Cartographic Unit of the Department
of Revenue. It is noted that this standard will be ap- Lines are specified by two weights:
plied only to remapping projects that are undertaken weight 0 = .005
after this standard goes into effect. Counties who are weight 1 = .01
mapping manually or have projects under way as of
the effective date of this standard may use this stan- The relationship between the weights is the important
dard or continue to follow the manual. A project that factor if the users hardware makes plotting these exact
involves scanning existing maps into the computer is weights impractical. Property boundaries are shown as
not considered remapping. solid lines. All other lines are patterned.
Text will be placed in one of three fonts. All will be stan-
Control dard sans-serif text. The three fonts are:
All maps will use the best geodetic control available. ROMAN
Control points will be identified with a Bureau of
Land Management reliability code. (See Appendix ITALIC
A.) The codes may be included as attributes, tags, da-
tabase links, or unique symbols. The more data that
OR SHADOW
xxv
Either Hollow or Shadow font is used; they are not Railroad Name Text is shown within the right-of-way.
mixed. Text may be specified as Light, Normal, or
Roman, regular font
Bold. Text sizes, where specified, are in inches on the
printed map.
UNION PACIFIC RR
Map Features
Hydrography. All waterlines, both single and double
Control Points which are used in creating the map are line, will be shown with a symbol similar to the USGS
identified as to accuracy and, where possible, with the seasonal stream pattern. Waterlines are never used to
source. They are not required to be printed on the map. show property boundaries. If the property boundary
Section Lines from the Public Land Survey System is the same as the waterline it must be added as a
are used only when needed. separate parcel boundary line.
Weight 1, Waterline linestyle
Weight 1, dashed
Meander Lines are shown if deeds or surveys refer-

Public Road Right-of-Way Lines show the legal
ence them.
right-of-way independent of physical features; they
always form a property boundary. Weight 1, dashed
Weight 1, solid
Hydrography Text, Italic, Regular font

Public Road Centerlines are kept in the file if they
are used for constructing the map. It is not required RIVER NAME
that they be printed on the map.
Parcel (Taxlot) Boundary Lines, Weight 1, Solid
Weight 0, Centerline Symbol
Original Lot Lines are used in subdivisions where

Public Road Name Text includes the legal name, the
the original lot line is not the current taxlot line.
common name, previous names, and county road
numbers. It is placed within the right-of-way, scaled Weight 1, dashed
to the street width with a maximum size of .2.
Roman, regular font
S W P U B L I C S T. Supplemental Boundary Lines are former boundary

lines other than the original lot lines that are shown
because they may be referenced on deeds or surveys.
The Railroad Right-of-Way forms a property boundary.
Weight 1, dashed
Weight 1, Solid
Lot Corners are .04 squares placed at each of the

Railroad Centerline or track is usually shown as a
original lot corners in a subdivision or partition plat,
single symbol in the center of the right-of-way un-
parallel with the bottom of the map.
less more detail is required, in which case individual
tracks and spurs may be shown. Weight 0
Weight 0
100
100
100
100
100
50 50 50 50
N90 0000 W
xxvi
Tangent Points or Direction Changes are shown Weight 0
with a .05 circle.
Weight 0
/ / / / / / / / / / / / / / / / / / / / / / / / / / /
OR
/ / / / / / / / / / / / / / / / / / / / / / / / / / /
/ / / / / / / / / / / / / / / / / / / / / / / / / / /
OR
/ / / / / / / / / / / / / / / / / / / / / / / / / / /
Bearing Text shows the bearing of a line and is placed

parallel to the line.
Roman, Regular, .05 Subdivision Name is either Hollow or Shadow text,
and it should be consistent throughout the county. It is
Distance Text shows the length of a line and is placed
sized to fit with a maximum size of .24.
parallel to the line.
Roman, Regular, .05
SHADOWS ADD.
100
100
100
100
100
50 50 50 50
N90 0000 W
Partition Plat Names are treated the same as sub-

Survey Numbers are placed in cooperation with the divisions. Only the number is needed to identify the
County Surveyor. If the Assessors office is maintain- partition plat. Parcels are treated the same as lots.
ing survey numbers they may refer to the manual
mapping standards. The Block Number is placed as Roman, Regular,
Taxlot Information consists of up to four items which .125, in a circle near the center of the block and
are placed as a block of data parallel to the bottom of parallel with the bottom of the map, or it is placed
the map, and away from the street, in the following Bold without a circle.
order:
Street Address is not required to be placed by the 76 76
assessors office.
Italic, Regular, .075 The Lot Number is placed once in a corner of the
Taxlot Number, Roman, Bold, .1 lot away from the street and parallel with the bot-
tom of the map.
Acreage is placed when required by the manual.
Acreages should never be calculated from the map Roman, Regular, .08
when it is possible to calculate them from a deed
description or survey. 7
Roman, Regular, .075

A Centroid may be placed as a part of this block
before or after the other elements. Section Corners are identified with .5 long weight
4578 1 lines following the section lines. If a distinction
3800 is shown, found corners have a .1, weight 0, open
3.25 AC box centered on the corner. Text is roman, regular,
.1, placed parallel with the bottom of the map.
The Subdivision Line may be placed on one or
both sides of the line where subdivisions meet. The 21 22 21 22
ticks may be on one side of the line or across the
line. This results in three acceptable placements.
Subdivisions, Partition Plats, and Condominiums
are treated the same way. The linestyle consists of 28 27 28 27
short diagonal lines. The recommended size is .05
at a 45 angle spaced .075 apart. Approximate Found
xxvii
Government Lot Numbers. On 2000 scale maps Code Boundary Lines will be shown with either a
only the lot number and acreage is shown. On .1 wide light gray line or as a series of circles .1 in
larger scale maps the word LOT precedes the diameter and .1 apart.
number. Acreage is shown on all maps from 2000
to 200 scale.
Roman, Regular, .08
4 LOT 4 LOT 4
Code Text will be shown for every code area on each
35.04 35.04
1=2000 1=800 - 1=100 map.
1=200 or less Roman, .5.
104
D.L.C. Lines are plotted as a long (.5) dash. They are
not printed where other lines follow the D.L.C.
Map Size. Maps prepared for counter use will be on

D.L.C. Corners will be shown with a .05 circle inside paper from 18x20 to 18x24. Standard scales as
a .15 circle. The inner circle will be solid if it shows specified in the manual will be used.
a found corner. Title Sheet design is left up to the county. The ab-
Weight 0 breviated map title must appear in the upper and
lower right corners of the map. The county name and
abbreviated map title must appear in the map area so
that they will show when the map is reduced 50% on
8 1/2x11 paper. The following items will appear on
D.L.C. Text. All D.L.C. lines will be labeled so that the
each map:
line or corner will be identified in each printed map.
County Name
Roman, Regular, .08
Full Map Name
S/L JOHN DOE D.L.C. NO. 56
Abbreviated Map Name
Disclaimer
Map Index Boundaries. Some means must be provided
for showing adjacent maps and creating map indexes. Map Scale
xxviii
Appendix A
Reliability Codes
This standard uses BLM codes. The following information will help in converting from other code systems.
Bureau of Land Management control reliability code:
Code Control Reliability

1 1 foot or less First order triangulation or GPS* stations (Order AA, A, B, C1)
2 3 feet or less Second & third order triangulation stations. Doppler positions,
and some GPS* values (Order C2-1, C-2-, C3)
3 10 feet or less Photo-generated coordinates, survey ties to triangulation or
GPS* stations and inertial positions
4 40 feet of less Digitized control for 7 1/2 minute quadrangles, and resource
grade resource grade GPS* receivers
5 100 feet or less Digitized control from 15 minute quadrangles and resource
collection grade GPS* receivers
9 Unknown
*Coordinate values obtained from GPS receivers will vary in accuracy and reliability depending on the meth-
ods of date collection and post processing utilized.
National Geodetic Survey Quality Ratios for Global Positioning System (GPS) techniques:
Order AA 1 pp billion
Order A 1 pp 10 million
Order B 1 pp 1million
Order C1 1 pp 100,000
Order C2-1 1 pp 50,000
Order C2-2 1 pp 20,000
Order C3 1 pp 10,000
Federal Geodetic control Subcommittee distance accuracy standards for conventional surveys:
First Order 1:100,000
Second Order, Class I 1:50,000
Second Order, Class II 1:20,000
Third Order, Class I 1:10,000
Third Order, Class II 1:5,000
xxix
RELIABILITY CODES
CODE 1
1 ft or less CODE 5
100 ft or less
CODE 2
3 ft or less
CODE 3
10 ft or less
CODE 4 CODE 9
40 ft or less Unknown
xxx
The only way to sort out the
confusion in the land records
is to proceed with the surveying
and evaluation of each land
parcel in the Empire.
A good cadastre will consitute a
complement of my code as far as
cland possession is concerned.
The cadastral maps must be
sufficiently accurate and
complete so that they can
determine the boundries
between properties to prevent
litigation.
Napoleon Bonaparte 1807
Based on translation by Dr. T.J. Blachut;

Photogrammetric Research, National Research
Council of Canada. 1975 Molds Proceedings.
1
CHAPTER
CADASTRES
AND
CADASTRAL MAPS
1-1
1-2
divided by a private easement). For assessment and
Introduction taxation purposes, such land is treated as separate
parcels where the use, values, or identities are sepa-
Assessment cadastre. The complete inventory of rate. Note: Under one ownership means that no part
real property, the cadastral maps and map records; of the land is subject to any taxes due, conveyance, or
ownership lists; assessment roll; statements of value, separate interest, different from that of the remainder
etc.; used to apply equitable ad valorem taxes on such of land.
property. Legal cadastral. The land title recording system.
Cadastral. Relating to cadastre or to an element of a Real property (general). Sir William Blackstone
cadastre. The term also refers to a survey to measure (1723-1780), English jurist, law professor, Justice of
the size, shape, location and extent of a land parcel. the Court of Pleas, and author of Commentaries on the
Cadastral cartography. The science and art of making Laws of England, divided property into two classes:
cadastral maps. personal property and real property. Neither classifica-
tion has definite meanings (except as regards certain
Cadastral map. A map that shows the size, shape, lo-
sections of the Oregon Revised Statutes). However,
cation, and extent of each land parcel in a prescribed
personal property is easily movable property of a per-
geographical map area. (See: Standard cadastral
sonal nature, a right to personal things, or an interest
map.)
less than a freehold interest in realty.5 Real property is
Cadastre (general). A record of interests in land, a term used to describe lands, tenements and heredita-
encompassing both the nature and extent of these in- ments. In effect, real property is movable property, in-
terests.1 The root of the word is in the late Latin capi- cluding any right, title or interest in real property.6
tastrum, meaning poll tax register. The history runs
via the Italian catastro, the early Italian catistico; from Standard cadastral map (Oregon). A map that meets
the late Greek work katastichon, meaning notebook; the graphic and technical requirements specified and
from the Greek kataby, plus stichosrow line. The outlined in the four volumes of the Oregon Cadastral
English cadaster is rarely used. Map System.
Cadastre (historical). A detailed register inventory; This chapter provides the general standards for the
statement of public record of lands; their extent, own- Oregon Cadastral Map System. It includes a brief his-
ership, locations and value, executed by government tory of the system, i.e. from the advent of property
as the base of a taxation system. One of the more fa- taxation, to the problems leading up to legislation
mous cadastres was the Domesday Survey executed by to develop a uniform map system, and finally to the
the Normans under the conqueror of England, Wil- present statewide cadastral map system. To quote the
liam, Duke of Normandy. The record of that survey, Honorable Justice Holmes:
contained in two volumes, is known as the Domesday
Upon this point a page of history is worth a volume
Book.2 The survey, initiated in 1085, was an exception-
of logic.
ally efficient inventory of nearly every landholding
in England. It included the extent, value, and source
of title of each landholding, showing all title and
boundary changes that took place after Williams
History, 1859-1951
conquest.3
In 1859, at the beginning of statehood, state and local
Cadastre (in common law). An official statement of government were funded by property taxes. In 1909,
the quantity and value of real property in any district; the Legislature created the State Tax Commission to
made to justly apportion the taxes on such property.4 resolve the problems that plagued the property tax
Land Parcel. A tract of land, lot or contiguous lots, system. However, the commission was poorly staffed
block or contiguous blocks, section of a township or and had little statutory power to straighten out the
contiguous sections, owned by one party at one time, mess in the tax system.7
for which there is a unique and complete bundle of In 1929, the Legislature gave the Tax Commission the
rights. A land parcel can be enclosed by one unbro- authority and staff to secure statewide property tax
ken boundary line. Public easementsas in dedicated equity.8 The commissions 1929-1930 biennial report
streets and alleys and most county roadsdo not
outlined a program to achieve assessment uniformity.
divide servient estates. From a technical point of
One statement in that report said:
view, land in one ownership at the same time can
be considered a single parcel even though divided This program contemplates employment of stan-
by a road, street or alley (much the same as if it were dardized methods in making appraisals and inven-
1-3
tories to determine true value of particular properties systems, and little uniformity within many of those
for the purpose of taxation. systems.
Inventories were incomplete because there was no
complete map system in this state. The Pre-reappraisal
The need for a complete cadastral map system was
described by Wallace S. Wharton9 at the 1947 annual
Map Systems
convention of the Oregon County Assessors Asso-
Before talking about the program to develop bet-
ciation. Mr. Wharton outlined the basic program the
ter uniform cadastral maps, something must be said
commission would follow to achieve uniformity in
in defense of the original assessors maps, legal
ad valorem taxation.10 Sections two and three in his
maps, ownership maps, or tax maps (as they
outline were:
were referred to).
2. Establish uniformity of tax records, including the Early Oregon assessors had to design and draw their
working records. maps. They stated that the primary purpose of the
3. Maximum development and use of adequate maps was to discover, identify, and inventory real
maps, including aerial photographs. property. It was nearly impossible to know that a
land parcel needed to be appraised, assessed and
The 1947 Legislative Assembly recognized the quag- taxed if there was no evidence to show that it existed
mire the property tax system was in. Consequently, as a separate parcel of land.14
it eliminated property taxation as a source of state
revenue. It then directed the commission to provide These maps contained good features, but often they
in-service training for assessors and tax collectors, were:
and to help assessors reappraise all property.11 not uniform in size,
incomplete,
In 1949, the Tax Commission began preparing basic inaccurate,
cadastral maps. The only standards were in regard to lacking good horizontal control, and
map size and scale.12 not dependable for reflecting the true right, title
By 1951, studies showed that training and assistance and interests in real property.
programs were not improving assessment conditions. There also were other faults with these original map
In a Valuation Division (now the Assessment and Ap- systems. But in all fairness to the people who created
praisal Division) Bulletin,13 the assessment cadastre and produced those systems, other things should be
was singled out as the key to achieving equalization considered.
in ad valorem taxation. The report placed special em-
phasis on the cadastral maps because they specify the First, in the nineteen thirties and forties, when most
of these maps were developed, assessors budgets
most important physical properties with which the assessor
were inadequate for any high-level, large-scale map-
deals. Without the maps the other records are almost
ping project; any mapping that was in a budget was
useless.
usually a low priority item.
By 1951, the deterioration of the property tax system
Second, there were no written map standards or in-
had gone too far. The Legislature began to address
structions on how to make a cadastral map.
the problem by providing for a statewide reappraisal
program. House Bill 702, signed April 26, 1951, pro- Third, the reference sources used in todays map-
vided for appraisal assistance to counties, but failed ping systems were not readily available (such as
to make provision for mapping. high-quality aerial photography, orthophotographs
or satellite imagery, up-to-date 7.5-minute U.S.G.S.
Once the reappraisal program was in progress, two quadrangles and triangulation nets, extensive land
things became evident: (1) the real property inven- parcel surveys, improved subdivision plats and stan-
tories were incomplete, and (2) the assessors maps dards, state-of-the-art route maps and surveys based
were inadequate for appraisal use. As one appraiser on state plane coordinates).
reported:
Fourth, most of the instruments and equipment used
It is almost impossible to appraise the land in absence in todays mapping projects were not available. Avail-
of reliable maps to locate, identify and determine the able equipment was too expensive for most counties
size, shape, and extent of land parcels. to acquire.
Another problem became apparent: there was no Fifth, few people designing, creating, and maintain-
accuracy or uniformity between the existing map ing the original map systems had any formal training
1-4
in cartography, surveying, real property law, and the In the September 1953 A&T Bulletin, the importance
like. of maps was again emphasized:
Sixth, most of the original map systems were made The value of a comprehensive set of tax maps for the
at a time when land was relatively plentiful, land assessors use can hardly be overestimated. The assessor
holdings were large, the population was small, land who has a fine set of maps to back up his assessment re-
values were low, property taxes were relatively lower cord will find his position immeasurably strengthened.
than today, and the maps were seldom used by any- Without such maps the normal activities of the office are
one but assessment personnel and title companies.15 delayed and handicapped.
This resulted in little justification for concern about
The A&T report also recognized one important fact
the accuracy, dependability or completeness of tax
about cadastral maps:
maps.
No quick, cheap method has yet been found for provid-
However, several counties produced surprisingly
ing these maps. For most counties, the mapping pro-
high-quality, complete map systems. Ideas produced
gram should be considered not in terms of man-months,
by these systems helped form the design elements of
but in terms of man-years.
todays model State Standard and Cadastral Map
System. The June 1954 A&T Bulletin contained an article by
Edward Birkenwald.19 He summarized the impor-
tance of cadastral maps in two paragraphs:
The Reappraisal
Assessors know, and all taxpayers should know, that
Mapping Program property must have been discovered or found in order to
comprise a part of the assessment cadastre. Likewise, if
Many factors combined to effect the demise of the taxable property is omitted from that cadastre, as from
old map systems, but the four major factors were: (1) not having been found, they should be aware that some
the maps were not uniform within the state and even taxpayers will pay more and some less than their fair
within some counties, (2) the overall accuracy was share of the cost of government.
poor, (3) the maps were incomplete, and (4) the maps Without the assistance of some device which shows
were not up to date. These problems surfaced as a re- each lot (parcel) of land, in a town, placed correctly with
sult of the reappraisal program. They were identified respect to every other parcel, no one can have assurance
as one of the deep-rooted causes of tax inequality in that all property has been listed. It is well to keep in
the ad valorem taxation.16 mind that property must be found before it can be listed
Once the deficiencies in the map systems were of- and then valued. The name of this device, a basic tool of
ficially acknowledged, the State Tax Commission the assessor, is the tax map.
and most county assessors agreed that equalization In 1954, a legislative interim tax study committee
and uniformity could not be achieved by apprais- concluded that the new maps were far too valuable
ing alone. Map standards had to be developed and to the assessment program and too expensive not
employed in a massive statewide mapping program. to be maintained to state standards. The committee
This program is so massive that it will be near 1995 recommended:
before every county has been brought to the state-
The state should provide for the preparation and
wide standards.
maintenance of adequate maps for county assessment
With assistance from several counties, the Tax Com- purposes. This can be done by maintaining a staff of
mission began to develop map standards in 1952. A draftsmen under sound technical direction
legislative interim tax study committee concluded
By 1987, the Oregon Department of Revenues Carto-
that the problem demanded immediate attention.
graphic Unit, in cooperation with 34 of the 36 coun-
On April 2, 1953, the governor signed House Bill 232
ties, had prepared and installed the Oregon Cadastral
which authorized the Tax Commission to . . . install,
Map System in each of the 34 counties. This involved
and assist in preparation and maintenance of maps,
drawing from scratch 33,092 cadastral maps of
plats or standardized record systems as prescribed
95,414 square miles. All but Multnomah and Marion
by the department, in the offices of assessors and tax
counties have been brought to state standards.20
collectors.17 It also provided for the department and
county courts to enter into agreements for the sharing In addition to the foregoing accomplishments, three
of the expenses of such appraisals and installations counties have been mapped twice, adding 3,174 maps
including salaries and expenses of department em- to bring the grand total of maps produced under the
ployees engaged therein.18 mapping program to 36,266.21
1-5
General Map Standards where some lands are smaller than 40 acres, or
where some property lines do not conform to
sectional subdivision lines. This scale can be used
Oregons reappraisal program was one of the first to to map undeveloped subdivisions (as defined in
include a statewide mapping effort to bring all assess- ORS Chapter 92), and is used to index 1 = 100
ment maps to one uniform set of standards. In 1953, and 1 = 200 scale maps.
there were no model cadastral map systems to show
what the ideal map should be. Moreover, the intel- d. 1 = 2000. Township; usually ranch, timber, urban,
lectual community had yet to discover cadastral where property lines conform to township, section, 14
cartography. There were no studies on multipurpose section, or 14 14 section lines. It is permissible to put
cadastres, geographic information systems or parcel some large metes and bounds parcels on this scale of
identifier systems that would be helpful in develop- map if there is a reasonable means to show the traverse
ing standards. So the State Tax Commission, assisted detail on the map. It is also permissible to show pat-
by all 36 counties, had to develop the procedures and ented mining claims on this scale of map. However, a
standards. The general and technical standards out- 1 = 800 scale detail map had to accompany the town-
lined in the September 1953 Tax Commission A&T ship map. Township maps also served as the index map
Bulletin were: for 1 = 400 scale section maps and, when necessary,
for 1 = 200 scale maps.
General (1953) 4. Letter designations for 14 and 14 14 section maps were
to be
1. Each county must have a complete set of uniform,
standard maps that accounted for all real property in a. A = NE 14 k. BC = SW 14 NW 14
the county (assessable and nonassessable, taxable and b. B = NW 14 l. BD = SE 14NW 14
nontaxable).
c. C = SW 14 m. CA = NE 14SW 14
2. All deeds must be reviewed to develop a complete real
property inventory. d. D = SE 14 n. CB = NW 14SW 14
3. The U.S. Rectangular Surveyspecifically the town- e. AA= NE14 NE14 o. CC = SW 14 SW 14

ship, section and section subdivisionmust be the f. AB = NW14 NE14 p. CD = SE 14 SW 14
foundation of map areas and map boundaries.
g. AC = SW14 NE14 q. DA = NE 14 SE 14
4. The parcel identifier was to be a serial number.
h. AD = SE14 NE14 r. DB = NW 14 SE 14
Technical i. BA = NE14 NW14 s. DC = SW14 SE 14
1. Map size would be 18 by 20 inches. The size was deter- j. BB = NW14 NW14 t. DD = SE 14 SE 14
mined by how large a map would have to be to accom-
Note: These designations are still part of the map
modate a 14 14 section at 1 = 100 scale.22 The scales of
standards.
the 14 section map, the section map and the township
map were based on the map size. 5. Map prints had to be bound, 100 pages to the binder,
and available for reference by the public.
2. The maps were to be traced on linen tracing cloth.
Although ink was used for most tracings, it was not 6. Subdivision indexes were required that would serve
mandatory. A few maps were traced in pencil, but that as a cross-index of lot and block numbers to the new
technique proved more expensive than ink. maps.
3. Map scales were designated as: Some maps being used today will meet those stan-
dards, yet are seriously deficient for assessment and
a. 1 = 100. 14 14 sections, usually populated urban
taxation purposes. Those maps, of course, do not
areas; business, commercial and industrial areas; or
meet the present (1989) cadastral map standards.
other areas where map detail and content is such as
to make this the more feasible scale. The course to todays standards could be considered
as natural and logical. As the mapping program
b. 1 = 200. 14 section; usually suburban or industri-
progressed, needs and problems were identified. Ap-
al areas or other areas where this scale is appropri-
praisers who were using the maps in the reappraisal
ate. The 1 = 200 map could also be used as index
program were the first to provide feedback, construc-
maps of 1 = 100 scale maps.
tive criticism, and suggestions. County cartographers
c. 1 = 400. Section; usually rural, industrial, but would have to maintain the system and respond to
could be ranch, timber or desert in situations questions about the maps. They supplied input on
1-6
problems with the existing maps, and provided input form, accurate, and complete statewide cadastral map
on standards that would resolve those problems. Title system as part of the goal of achieving the equalization
companies, county surveyors, assessors, county clerks, in the assessment of all locally assessed real property
private surveyors and other map users also contribut- at the statutory level.
ed to the development of the present system.
Comment. That objective is the key to understanding
New laws or amendments to existing laws have re- the general cadastral map standards. These standards
quired revisions of the standards. are designed to solve a problem as we perceive that prob-
lem, i.e. nonstandard, incomplete, seriously deficient,
For example, a 1977 amendment to the timber tax
or out-of-date maps, records and real property inven-
laws provided that Western Oregon timber be taxed
tories. These problems make it difficult to discover
as severed, rather than when standing (the Western
newly created land parcels, to appraise real property,
Oregon Severence TaxW.O.S.T.). Since Eastern Or-
to assess all taxable real property to the current own-
egon timber was subject to a yield tax, there was no
ers, to administer tax relief programs, and to collect
longer a need for a special interest number for stand-
taxes.
ing timber taxed to a party other than the landowner.
The standard T1 number was omitted as part of the There is a lot of debate today about requirements of
tax lot number. the Oregon Cadastral Map System. One side argues
for high-level orthophotography, employment of
The Oregon Condominium Act presented a problem
surveys executed at high-level accuracy standards
in providing a tax lot number for units being tax-
only, and map accuracy that meets the National Map
lotted separate from the land, and for identifying
Accuracy Standards. The other side argues that the
common areas.
map base be survey-oriented, and contends that all
The Oregon Beach Zone Act required cadastral map available sources be used in the cadastral map pro-
standards for identifying ocean shore land that was cess. This is the Department of Revenues position.
west of the 16-foot-elevation vegetation line. That Our responsibility is not by choice. It is assigned by
part of a taxable partys land lying below the 16-foot the Legislature, and does not extend beyond assess-
line became exempt from taxation because of the ment and taxation.
public easement over the ocean shore.
2. Primary purposes of the Oregon Cadastral Map
New technology also played an important role in System: For the discovery, identification, inventory,
the development of the map standards. The appli- appraisal, assessment, and taxation of all taxable real
cation of computer-assisted mapping required an property.
examination of map content. Every element on a map
Comment. One misconception about the map system
occupied space in computer map files. It was neces-
is that it is intended to establish legal title or legal
sary to eliminate information that was redundant,
ownership. We have explained the problem the map
rarely used, or cosmetic. Computer-driven plotters
system was designed to solve. Legal title and legal
provided large savings in map drafting, but have
ownership were not part of that problem. The cadas-
one drawback. The plotters cannot print as small as
tral map will never be capable of offering indisput-
a good draftsperson. The standards had to change
able evidence that the boundaries and ownerships
to allow for the omission of data that required tiny
are legal. Such questions are for attorneys and courts
printing.
of equity
State-of-the art computers capable of creating com-
3. All cadastral maps used for the discovery, identifica-
puterized geographic information files are now used
tion, inventory, appraisal, assessment, and taxation of
in the mapping process. This and other technology
real property in Oregon must conform to these general
will demand that the standards stay abreast of the
standards, the graphic standards, and the technical
new technology.
standards published by the Oregon Department of
Even though the standards have been amended, the Revenue, and as provided for by ORS 305.100.
changes have been so minor that map users were
The standards affecting cadastral maps are updated
unaware that anything changed. Even though ever-
periodically to reflect changes in the statutes and new
present elements can cause changes in the standards,
technology. Maps prepared under prior standards will
it is necessary to publish and adhere to the standards
be recognized as standard for assessment and taxa-
as they exist at the time. Here are todays general
tion. However, each county is responsible for upgrad-
standards and comments and clarifications regarding
ing its maps to current standards as soon as possible.
the standards.
Changes in the standards which create deficiencies to
1. Primary objective of the Oregon cadastral map: assessment and taxation programs require immediate
To develop, install, and maintain an affordable, uni- action.
1-7
4. Map content, size, scale, area, symbology, and in- 8. The geographic reference base of the cadastral map
formation requirements are designated in Graphic system is the U.S. Rectangular Survey System. The sur-
Standards (Chapter 2, Volume 1, Oregon Cadastral vey system is the foundation of the standard map bound-
Map System: Concepts and Standards). ary, and is the key identifier in the tax lot number.
5. The parcel identifier of the Oregon Cadastral Map Comment. The Rectangular Survey was chosen as the
System is the Standard Tax Lot Number (as outlined basis for the map number, and subsequently for the
in Chapter 3, Volume 1). The tax lot number must be tax lot number. One of the State Tax Commissions
used on the maps, appraisal records, the assessment goals, prompted by requests from counties, title com-
roll, tax lot card, and all other assessment records panies, and surveyors, was to develop an identifier
which require a parcel identifier. that was also a good people number. It required an
identifier that had some element that people could
Other parcel identifiers may be used for purposes other
easily recognize. The other key goal was to have an
than assessment and taxation. These numbers must
identifier that had some geographic significance.
not appear on the cadastral maps and map records. If
they are noted on other assessment records, they are The township, range, section, 14 section, and 14 14 section
not to be in lieu of the standard tax lot number. of the U.S. Rectangular Survey met those demands.
This number appears on most deeds, survey, subdi-
6. The technical standards are the statutory and common
vision plat, large scale maps, and the majority of the
law principles and rules that govern:
other parcel documents, records, and instruments. It
a. Right, title and interest in real property. is a number that is easily recognized by people who
work with land records, and, for some inexplicable
b. Public ways, state highways, and all other dedi-
reason, it is a number that is easy to remember. It
cated lands.
identifies the township and range the parcel is in.
c. Subdivisions, condominiums, land partitioning. In urban areas, the survey-based map number will
identify the location within a section.
d. Assessment and Taxation.
Some other numbers have distinct advantages over
e. Riparian lands and boundaries.
the survey-based number. For example, the state
f. Real property boundaries, corners, and monu- plane coordinate-based centroid provides a precise
ments. location of the approximate center of a parcel of land.
However, those numbers have their own peculiar
g. State plane coordinates.
problems, and they rarely appear on deeds, surveys,
h. Common law and statutory rules of law, rules of subdivision plats, local plats, and the other miscel-
construction, and rules of intent. laneous documents, records, and instruments. Some
numbers are superior numbers for entry and retrieval
i. U.S. Rectangular Survey System (when appli-
in computer files. But these numbers appear on few
cable).
records, and are not good people-numbers. Since
j. Surveys and surveying (when applicable. computers can be programmed to recognize any
number, the State Tax Commission, now the Depart-
k. State, county, and city lands (when applicable).
ment of Revenue, maintained that concern should be
The technical standards also include the accepted for the people who must work with the parcel identi-
practices, standards, and rules associated with: draft- fier from day to day.
ing, photogrammetry, mathematics, surveying, and
9. The geometric base of the map system is the survey
cartography as applied to cadastral cartography and
control consisting of a framework of monuments, cor-
the Oregon Cadastral Map System.
ners, and points that have been identified, located or
7. It is the intent of these general standards that all real established by independent private and governmental
property in this state be mapped on standard cadastral horizontal land surveys.
maps and accounted for in the real property invento-
10. Mathematical control of the geometric base is to be
ries of the individual assessors offices.
maintained by using the Oregon State Plane Coor-
All real property in this state includes exempt and dinate System as the base for plotting survey monu-
nonassessable real property, taxable real property, gov- ments, corners, and points.
ernmental, and private, from the smallest parcel to the
11. Bearings shown on the cadastral map are to be based on
largest.
the geodetic meridian (e.g. north is true north). Grid
The inventory must include taxable interests less than or magnetic bearings may be noted on the maps; how-
fee-simple-absolute title, such as mineral rights. ever, when noted they must be identified as GRID or
1-8
MAG (for magnetic). If a bearing is based on a local that is usually not available to the cartographer. Such
grid, it should be so identified on the map. factors as junior and senior rights, junior and senior sur-
veys (which are unrelated to junior and senior rights),
12. The English system of measurethe inch, foot, yard,
intent of parties, the situation, statutory and common law
mileis the standard system of measure on the cadas-
rules and principles, rules of construction, rules of law,
tral maps. Other systems of measure, such as chains,
etc., must enter into the decision-making process. No
rods, furlongs, etc., may be noted on the maps; how-
decision can be made without considering all avail-
ever, they are to be identified as ch., rds., fur.
able evidence.
The measurement must show the conversion to feet
(see the graphic standards). Other reasons a new survey could not be used in lieu
of all source data are:
Comment. It has been suggested that the maps
should be converted to the metric system. This sug- a. No survey can guarantee that all parties will
gestion has been opposed by most map users. The op- accept that survey. Consider:
position is not because theres resistance to change. It
A boundary line fixed by a surveyor employed by
is because very few surveys, deeds, plats, etc., are in
various property owners, or others, is not binding
metric measurement and/or scale. The Department
upon an owner who was not a party to the surveying,
of Revenue Cartographic Unit knows of fewer than
and who never agreed to the line fixed by the survey-
a dozen documents where the measurements are
or. 26
metric. The decision was made that the metric system
will not be adopted in the cadastral map system until Although a property owner is estopped by his or
such time as most reference data is metric. her own survey, that owner is not bound by any
survey not agreed to by him or her. Consequent-
13. The basic unit of the cadastral map is the land par-
ly, the owners would not be bound by a county or
cel. Regardless of the many definitions of parcel,
state survey. Such surveys would not eliminate
land parcel in context with this requirement is
boundary conflicts.
defined as: That portion of land that is to be assessed
separately from other land. The graphic standards b. Regardless of the degree of precision which
will outline specific requirements. measurements are taken, there is no guarantee
that the surveyor has found the right corner, has
14. The method of cadastral map development will be
run a traverse on the correct line, has oriented
iterative. Mapping is to be based on all informa-
bearings to the correct line, tied to the correct
tion available, taking into consideration all source
monument, etc.
documents (route surveys, private property surveys,
Army Corps of Engineers surveys, BLM transmission c. Where lines on the maps were contested in
line surveys, Forest Service surveys, U.S. Rectangu- the court, the court would consider all evidence,
lar and mineral surveys, deeds, aerial photographs not merely the newer survey.
and photogrammetric products, topo and quadrangle
d. Boundary line conflicts between owners are
maps, etc.). In this system, the maps are a product of
concerns of the owners, not of the state, a county,
not only each of the many reference sources, but also of
nor a city.
an analysis of the combined reference sources. The re-
sultant maps are always superior to the unanalyzed The only reason such conflicts are considered in
individual reference source because the analytical the iterative mapping process is to provide some
process of the combined data resolves problems and assurance that property is assessed to the cor-
ambiguities that cannot be resolved by the individual rect owner. Since a cadastral map cannot affect
sources. the bona fide rights of the owner of property, a
comprehensive survey of all parcels would not
Comment: Could all of this complex process be sim-
be cost-justifiable (and not really practical).
plified by preceding the mapping with a comprehen-
sive survey of all parcels? Any comprehensive survey of parcels intended
to resolve boundary conflicts or determine true
The answer is, yes and no. Such a survey, if prac-
and legal boundaries (and this is the purpose
tical and cost-effective, would be helpful in resolving
behind such a scheme) would be so time-con-
problems. However, the survey could never be used
suming that, in reality, the job would never be
in lieu of all of the source data just discussed.
completed. It would be so costly it would never
When resolving boundary problems (for mapping be approved. If the survey were a mass survey
purposes), a cartographer must consider many of the intended to be completed in a few years, the
facts considered by a court of law. The only factors resultant product would be little better than the
not considered would be testimony and evidence available source data.
1-9
15. The cadastral maps must be maintained to the gen- c. Date deed is recorded in office of county clerk or
eral, graphic, and technical standards outlined by the county recorder, or is filed in the office of the county
Department of Revenue. The maps and records must assessor.
reflect the most recent real property ownerships (as
provided by statutory law, and in recognition of the d. Gross acreage of parcel purchased; all subsequent
common law). New survey information must be rec- acreages of parcels conveyed from the parent parcel;
ognized or considered, and the natural and cultural net acreage; acreage revisions and corrections (not-
land features must be revised to conform to present ing why the acreage has been changed, and the date
conditions and locations. changed).
16. Cadastral Map Records. A tax lot record is to be cre- e. Tax lot number, including the parcel number, and
ated for each parcel of real property that exists on each special interest number (if any), and the tax code area
cadastral map. The Department of Revenue recom- number.
mends the record format. However, counties can create
their own hard-copy or computerized tax lot record as f. Parent parcel number, if this number is derived
long as it contains adequate space to record: from another tax lot number.
a. The official description used to establish parcel The intent of the tax lot record is to support all work
boundaries. Where the boundaries have been estab- on a map relating to a parcel of land, i.e. a history of
lished by survey, and the true plotted boundary is the cadastral mapping of each parcel. Although this
slightly different than the deed,27 the survey must be is an official record, it is an informal record that can
noted. be filled out in pen, pencil, by typing or computer. To
b. Deed record number (identifying where recorded maintain an affordable system, the standards regard-
in the office of the county clerk or county recorder), or ing this record are more concerned with content than
if unrecorded, must be noted. with looks or bureaucracy.
Endnotes
1. Need for a Multipurpose Cadastre, 8. Id. Income tax was legislated as a problem was discovered before the
Washington, D.C., National Academy property tax relief measure. 1951 reappraisal move.
Press (1980).
9. Commissioner, State Tax Commis- 17. ORS 306.125(1).
2. See: Douglas & Greenways 1042 Eng- sion.
18. ORS 306.125(2).
lish Historical Documents1042 to 1189;
10. A&T Bulletin, No. 6; Oct. 31, 1947.
N.Y., N.Y., Oxford University Press. 19. Director, Property Tax Division,
11. Disintegration of Oregons Property Tax Maine Bureau of Taxation. This was
3. The Domesday Survey was very reprinted from the New Brunswick
System, supra.
unpopular in England because it in- Municipal Monthly of May 1954.
cluded a very complete inventory of 12. A&T Bulletin No. 8, August 1949.
every personal resource. 20. At this writing (August 1987),
13. Id., March 1951, Section 5. Multnomah County has signed an
4. Strothers v. Lucas, 12 Pet. 410, 428, agreement with the Department of
note 9 L. Ed. 1137. See also: Blacks Law 14. N.V. Hurst, manager, Tax Commis-
Revenue to map that county. Marion
Dictionary. sion Mapping Section. Speech before
County is engaged in a cooperative
the 1961 Assessors Conference. effort with the City of Salem to bring
5. Personal property can be grouped into
15. Earl J. Elliott, project manager, Dept. its maps to state standards.
corporeal personal property (tangible,
movable things) and incorporeal per- U.R. Map Unit, 1956 to 1974; notes 21. Baker County maps are now 25 years
sonal property (such as stocks, bonds, on evolvement of the cadastral map old. That county has signed an agree-
patents and copyrights). system. ment with the department for com-
puter-based state-of-the-art maps.
6. Property can also be classified as tan- 16. A note of interest. In the Depart-
gible and intangible. Tangible property ment of Revenues March 1987 Dis- 22. 1 = 100 scale was selected as the
is that capable of being perceived by integration of Oregons Property Tax base because early Tax Commission
System (for presentation to the 1987 maps of urban areas were drawn at
sense of touch. Intangible is not capa-
Legislative Assembly), inadequate that scale, and it was considered ad-
ble of being touched, such as a water
maintenance of some of the standard equate for assessment and appraisal
right, easement, etc.
map systems of certain counties was purposes. The 1 = 100 maps could
7. Disintegration of Oregons Property Tax identified as an important factor con- have been of 14 section; however, the
System, Oregon Department of Rev- tributing to the recent deterioration resultant map size was considered to
enue, p 25, March 1987. of the property tax system. The same be awkward for field work.
1-10
23. Pencil was inadequate because it a Multi-purpose Cadastre, National Such successes are the norm when
was necessary to use hard lead that Research Council, National Academy the cartographer is well versed in
would hold its shape when applied Press, Washington, D.C. (1983), p. 57. surveying, deed interpretation, pho-
to the abrasive linen; the hard lead
25. For example, an area of a map may togrammetry and real property law.
did not produce prints as good as soft
lead (that smeared easily). The hard contain several deeds that have been
based on incorrect surveys. The deed 26. Thompson, 3041, p 558, footnote 62 for
lead usually required so much pres-
sure that the tracings were difficult to problem could be complicated by citations. (1962 replace.)
revise. ambiguities and questions regarding
intent. Some new surveys may have 27 The office of a deed description is
24. Websters New Collegiate Diction- been executed to resolve problems not to identify or locate the land,
ary defines iterative as: Involving on some parcels, but they may also but to afford the means of identifica-
repetition . . . being a computational create other problems. When all of tion. The courts have consistently
procedure in which replication of a this data is analyzed and considered held that it is the intent and the land
cycle of operations produces results as a whole, and other data such as surveys purpose to locate the actual
which approximate the desired result subdivision plats, engineering sur- boundaries. See: Gubser v. Town, 273
more and more closely. (Syn. reit- veys, route surveys, etc., are included P.2d 430.
erative.) Use of the term here, adopted in the process, the resultant maps will
from Procedures and Standards for be better than the source document.
1-11
Graphics is a language with its own
vocabulary, syntax, idioms, conventional
marks, symbolic characters, referents
and abbreviations. The agreement as to
the application of that language to a
specific graphic endeavor is called the
Graphic Standards.

CHAPTER 2
GRAPHIC STANDARDS
AND
MAP SPECIFICATIONS
2-1
2-2
perienced personnel may not be convinced of the im-
Introduction portance of standards. Some in the technical graphic
community reject these standards; they feel that car-
Although seldom thought of as a language form, tographers and draftsmen, like artists, must be free
graphics is a unique language whose central function to set their own standards and vary their personal
is to express (or communicate) thought. It is a real graphic styles. Although fashionable, this attitude
language with its own vocabulary, syntax, idioms, shows a total misunderstanding of the central func-
conventional marks, symbolic representations, char- tion of technical graphics:
acters, and abbreviations. to accurately communicate technical information.
The graphic community can be generally divided
It is difficult to focus attention on graphic standards
into two major categories: technical graphics and
without leaving the impression that they were de-
graphic arts. The difference between the two cat-
signed to suppress innovation. It is true that some
egories is the allowable freedom to manipulate the
applications of standards suppress creative thought.
graphic vocabulary.
However, the standardization of a language serves to
In technical graphics, accurate communication of make communication of new ideas easier. Such is the
technical data is required. Therefore, it is essential case with graphic standards.
that the standard graphic vocabulary be used. On the
other hand, most graphic arts require only the general The technical complexity of cartography demands
communication of general information. In this catego- close adherence to cartographic graphic standards.
ry, the graphic artist has the freedom to manipulate or These standards have been developed to meet the needs
totally ignore the conventional graphic vocabulary. In of map users and to simplify the compilation task of the car-
fact, graphic art is often created to generate thought tographer. Of the two, the first is most important:
rather than communicate thought. to meet the needs of the map-user community.
The subject of this manual is technical graphics. The How big is the map-user community? Consider the
graphic professions classified as technical are: wide use of nautical charts. Nautical chart users are
1. Mechanical drafting. not only nationwide, but worldwide. If we examine
2. Engineering drafting. the purpose of the nautical chart, the importance of
3. Architectural drafting. graphic standards is evident. Pity the professional
4. Marine architectural drafting. cartographer who carelessly decides to vary the
5. Design drafting. graphic standards on a nautical chart. Such decision
6. Statistical drafting. could be costly, disastrous, or even fatal to the chart
7. Electronic drafting. user.
8. General drafting.
9. Cartographic drafting. Recently, the demand for maps of all kinds has in-
10. Medical cartography. creased rapidly. Never before has this country been
11. Cadastral cartography. so map-conscious. As the demand increases, map
12. Thematic cartography. awareness increases, as does the demand for greater
13. Hydrographic cartography. accuracy and map standardization. The demand of
14. Aeronautical cartography. map users will be felt at every level of government
15. Space cartography. and in every branch of cartography. Cadastral cartog-
16. Geological cartography. raphy will be no exception.
17. Nautical cartography.
18. Photogrammetry, etc. Cadastral Graphic Standards
The list provides a clue to the complexity of the The central function of the cadastral map is to com-
graphic language. In fact, the language is so complex municate information. That statement may appear
that each graphic specialty requires a general agree- to conflict with the primary purpose of the cadastral
ment on how to apply the graphic language for that map-that is:
specialty. This agreement is known as the graphic
standards. The graphic standards provide the syntax, for the discovery, identification and inventory of
abbreviations and idiom of the language of each real property.
graphic specialty.
However, it would be pointless to discover, identify
Without question, experienced personnel realize the and inventory property if this information were not
importance of graphic standards. However, less ex- communicated to someone.
2-3
There must be awareness that the public does not 1. Cadastral surveys executed by registered Oregon
finance cadastral mapping to benefit cartographers. land surveyors or registered engineers.
The maps are for map users, who include not only the 2. Recorded plats of subdivisions, condominiums,
assessor and appraiser but the taxpayer as well. minor or major partitions, or official Forest Ser-
The cadastral cartographer must be aware of the scope vice summer homesites.
and size of the cadastral map-user community. Tax- 3. Official U.S., state county and city surveys (ex-
payers, government agencies and private agencies are ecuted in accordance with state survey laws).
just beginning to recognize the utility and value of the 4. Documents sufficient to effect a transfer of any
cadastral map. No longer is the use of maps confined interest in land (recording not mandatory).
to just a few locals. Now the users of each county 5. Aerial surveys.
cadastral system extend beyond county boundaries
and, in fact, beyond state boundaries. Many users have Geometric Control
management problems that are no longer confined to
county boundaries. It is common for some agencies and The overall geometry of basic cadastral map control
taxpayers to purchase maps from several counties. must be established by the analytical bridging of
It is easy to see why map users are displeased with all official surveys (No. 1 through No. 3 as defined
out-of-step map systems that fail to have even inter- above) in and surrounding the area being mapped.
nal standards and uniformity. It is not surprising The resulting triangulation net must be plotted on
that much dismay over nonstandard systems comes the base control map. This will constitute the primary
from within county governmentroad departments, control and will control all secondary surveys, deeds
county commissioners, appraisers, planing commis- and photogrammetry.
sions, surveyors, and even county cartographers.
Although a high priority is placed on serving map us- Mathematical Base
ers, there are limits to how far a county can go in try-
The mathematical base of the cadastral map system is
ing to please them. Remember rule number one-the
the Oregon Coordinate System.
cadastral map is primarily for the purpose of assess-
ment; it must never fail to serve that purpose. To be
sure this rule is followed, the cadastral map system Geographic Base
must be maintained in accordance with the specifica-
The geographic base of the cadastral map system is
tions and standards defined in this chapter.
the survey of the Public Lands of the U.S. (the Rect-
The standards and specifications were developed angular Survey System). This is the base of the map
through the combined efforts of county assessors, state boundary; map number and tax lot number systems.
and county appraisers and cartographers. Each stan-
dard was developed to solve a particular problem or Standard Meridian
meet a specific need. Technological advancements may
require changes in some standards. Basic standards are Unless otherwise noted, all lines on cadastral maps
retained until new standards are developed and ac- (except coordinate ticks) are oriented to and based on
cepted by all counties with standard map systems. the geodetic meridian.
Finally, maps prepared early in the reappraisal-map-
ping program will be considered standard if properly Basic Land Unit
maintained, even though not revised to meet subse-
quent minor changes in standards. However, it is rec- The land parcel (or parcel) is the basic land unit of the
ommended that new maps meet specifications and cadastral map system.
standards defined in this manual. If this is done, the
map system will eventually meet current standards. Standard Linear System of Measure
More important, this policy will help extend the life
of the map system. The system of measure is the English system (feet,
yards, etc.) unless otherwise noted.
Map Specifications To help identify the lines described in deeds by
chains, rods, and other miscellaneous survey mea-
The cadastral map must display as accurately as pos- sures, the map lines should be labeled with the unit
sible the true geometric spatial relationship of each described in the deed. They should then be con-
land parcel as established and monumented on the verted to English measure, and shown on the map
ground and defined by: as an equation.
2-4
Standard Map Areas and Boundaries The system of map scales is not confined to land
use. For example, 1=100 scale is usually used for
The area of each cadastral map will, depending on subdivision properties and urban metes and bound
scale, coincide with the various subdivisions of the U. tracts. However, many subdivisions of large farm
S. Rectangular System; that is, the township, section, tracts may be shown on 1=200 scale, and possibly
14 section, and 14 14 section. 1=400 scale. The quantity of detail to be included on
the map would be the controlling factor.
Subsequently, the boundaries of each cadastral map
must conform, in general, the lines of the subdivision Note: Do not assume that time can be saved by plot-
of the Rectangular Survey System; that is, township ting new urban subdivisions on existing 1=400 scale
lines, section lines, 14 section lines, and 14 14 section and 1=200 scale maps. Time studies and experience
lines (or 1/16 lines). Exceptions: the following are have demonstrated that accuracy; clarity, important
used as map boundaries when in close proximity to information, and map utility are sacrificed when a
the lines of the U.S. Rectangular Survey: proper scale map is not constructed. In most cases, it
takes less time to prepare a new map at a proper scale
1. Roads, streets, alleys, highways
that it does to try to squeeze the new subdivision on
2. Railroads or railroad spurs.
a smaller scale map.
3. Subdivision boundaries.
4. Property lines. 2. Special Map Scales
5. Bodies of water.
Special maps are used to show certain detail that can-
6. County, city and state boundaries.
not be displayed on the standard scale maps. Special
map scales are (1) 1=800 for mining claim maps,
Map Scales and (2) 1=20 to 1=50 for condominium detail.
There are two categories of map scales in the standard Condominium boundaries must be shown on the
cadastral map system: (1) standard map scales, and standard cadastral map. Condominium detail can be
(2) special map scales. (See Chapter 3 for the relation- shown on the cadastral map. However, must condo-
ship of map scales to the standard tax lot number. miniums have sufficient detail to warrant a special
1. Standard Map Scales map?
Four standard map scales are employed in the cadas- The basic floor plan of the condominium is shown
tral map system: (1) 1=2000, (2) 1=400, (3) 1=200, on the special map. Architectural treatment, such
and (4) 1=100. as double lines for partitions, wall outlets, etc. that
appear on the developers floor plan should not be
The map scale to be used is determined by (a) the area
included.
of the U.S. Rectangular Survey that is being mapped,
(b) quantity of detail to be shown, (c) land use, (d) Note: Special maps are prepared for reference pur-
number of real property parcels being mapped, pose only. These must not be used as substitutes for
and (e) the probability of future urban or suburban standard cadastral maps.
growth. The following shows the relationship of the
map scales to the U.S. Rectangular Surveys. Map Sizes
Map Scale Rectangular All cadastral maps and special maps are 18 by 20
Survey Area inches. The standard practice is to orient the right-
1=2000 one township hand 18-inch side to the geodetic meridian.
1=400 one section
1=200 one 14 section
1=100 one 14 14 section Graphic Standards
Map scales, as generally related to land use, are as
follows: Map Heading and Title
Map Scale Land Use The title of the map is shown in the map heading.
1=2000 Timber, ranch, desert The following are examples of map titles for each
1=400 Rural, suburban, some map scale.
subdivisions
Map Scale Map Title
1=200 Rural, suburban, industrial,
some subdivision 1=2000 T.28S. R.10W. W.M.
1=100 Urban, suburban, 1=800 Mining Claim Detail T.15S
subdivisions, industrial R.40E.W.M.
2-5
1=400 Section 35 T.11S. R.5W. W.M. Figures 2-1 and 2-2 show how letters are used to des-
1=200 SE 14 Sec. 6 T.3S R.2W. W.M. ignate the section subdivisions (1/4 sections and 14 14
1=100 SE14 SE14 Sec 7 T.12S. sections). Figure 2-1 illustrates a whole section sub-
R.3W. W.M. divided into 14 sections (often referred to as quarter
1=50 Supplemental Map sections or one-sixties). Figure 2-2 illustrates a
SE14 SE14 Sec 1 T.1S. whole section subdivided into 14 14 sections (also re-
R.1E. W.M. ferred to as quarter-quarter sections,forties, and
120 Supplemental Map sometimes sixteenth sections).
SE14 SE14 Sec 2 T.1S.
R.1E. W.M. More information on the subdivision of townships
and sections is in Volume 2, Chapter 2. Graphic ex-
If a 1=400 scale map is used as a detail sheet for a amples of the miscellaneous subdivisions of 14 and 14
township map (e.g., for T.28S. R.10W. W.M.) the map 14 sections are in the appendix.
heading will be: DETAIL MAP OF T.28S. R.10W. W.M.
Note: Detail maps are useful for showing the detail of Some counties substitute the letters with numbers.
isolated small parcels where a larger scale map might 1 This is done to accommodate certain computer
be impractical. However, detail maps should never requirements. The method is not recommended, but
be used as substitutes for cadastral maps in areas it is accepted as standard. Figures 2-3 and 2-4 show
where proper scale cadastral maps are needed. how numbers are used in the map number to desig-
nate 14 sections and 14 14 sections.
Rule: Never use a detail map where a cadastral map
can do the job better. Figure 2-3 is a whole section divided in 14 sections,
and Figure 2-4 is a whole section divided into 14 14
The Map Number sections.
The standard cadastral map number is based on the

22 21 12 11
U.S. Rectangular Survey System (township, range, 2 1
section, 14 section and 14 14 section). The number de- (NW1/4) (NE1/4)
23 24 13 14
pends on the standard map scale employed. The fol-
lowing are four examples of map numbers and their
relationship to the map scales. 32 31 42 41
3 4
Map Map Number (SW1/4) (SE1/4)
33 34 43 44
Scale Tshp. Rge. Sec. 14 14
1=2000 11 5 Figure 2-3 Figure 2-4
1=400 11 5 36
1=200 11 5 36 A A number of sections in Oregon are considerably
1=100 11 5 36 A B larger than the standard approximate one-mile-
square section. Most are divided into more than 16
The letter A designates the NE1/4 of the section. 14 14 sections. In fact, the largest has 16 14 sections
The letter B designates the NW1/4 of the NE1/4 of and 60 14 14 section subdivisions. The solutions to
the section. lettering these sections will depend on the capacity
Special maps are not assigned their own numbers. They of the computer system used by the county. It is dif-
are assigned the number of the parent map and sub- ficult to set a specific standard that can be applied
titled DETAIL MAP, MINING CLAIM DETAIL, or in every case.
SUPPLEMENTAL MAP under the map number.
Fortunately, most super sections are located in des-
ert-ranch lands or timber lands where 1=100 scale
BB BA AB AA
B A maps may not be required (and subsequently the let-
(NW1/4) (NE1/4) tering will present no problem). However, some large
BC BD AC AD sections will eventually be mapped at either 1=200
scale or 1=100 scale. Most of these sections can be
CB CA DB DA treated as illustrated in Figure 2-5.
C D
(SW1/4) (SE1/4)
CC CD DC DD
In Figure 2-5, the basic section (enclosed with the
heavy line) is still lettered as a one-mile-square
Figure 2-1 Figure 2-2. section.
2-6
36 31 1/4 31 32 Townships
16 65 V South half-township
BF BE BB BA AB AA X South Three-quarter township
B A Y North half township
BG BH BC BD AC AD Z North three-quarter township
1/4 1/4 Ranges
CH CG CB CA DB DA V East half range
C D X East three-quarter range
CI CJ CC CD DC DD Y West half range
Z West three-quarter range
CL CK CF CE DF DE For example, if the map title is T.2912S. R/3234E. W.M.,

16 65 the map number appearing in the upper and lower
12 7 1/4 78 right-hand corners of the map would be 29V 32X.
Figure 2-5 Note: The order was selected to avoid the use of the
letter Z as much as possible. Z is often confused
The Willamette Meridian divides seven Oregon coun-
with the number 2. To our knowledge, there ap-
ties, and 11 counties are divided by the base line (map
pear to be no north or west three-quarter townships
in the appendix). In these counties, it is essential to
identify the east or west township (i.e., to distin- or ranges.
guish T.15S. R.1E. from T.15S. R.1W.) or the north or
south township (i.e., to distinguish T.1S. R.2W. from Map Positioning
T.1N.R.2W.) in the map number. This is done by add-
The drawing of the cadastral map must be positioned
ing the letter E to the range number, to designate
on the tracing as shown in Figure 2-6.
east ranges; W to the range number to designate
the west ranges N to the township numbers to des- CORRECT MAP POSITIONING
ignate the north townships; and S to the township
20
number to designate the south townships.
6 MAP TITLE 5
1.75
COUNTY NAME MAP NO.
In most counties, it has been the practice to identify SCALE (SEE FIG 2-9)
either the east or west townships, but not both, in the 2 1
map number. In Douglas County, for example, the 7

(Marks 5 through 12 represent the
proper method of locating coordinat
12
map numbers for T.26S. R.6E. is 66 6E, but the map reference points.)
Geodetic north (approx. orientation)

MARGIN FOR BINDING
number for T.26S. R.6W. is just 26 6, without using the

18
Right-hand edge oriented to

CENTER
letter W to identify western townships.
HERE
In Lane County, the original computer system soft- (SEE FIGURES 2-7 & 2-8)
ware would not accommodate letters in the map

number, so 5 has been substituted for the letter E 8 3 4 11
in eastern townships. T.15S. R.1W., for example, has 9 10
the map number 15. The 15 representing the range

(SEE FIG. 2-9)
2
number will not be confused with Range 15 because Figure 2-6
Lane County extends only to Range 9 East.
In Figure 2-6, the points labeled 1, 2, 3, and 4 rep-
However, the use of the number 5 in place of E resent the approximate location of the township
on these maps creates a nonstandard tax lot number. corners, section corners, 14 section corners, or 14 14
With he present computer systems, substitutions are section corners. This is to illustrate the importance
not required. As a statewide computer database is of centering the maximum standard map area in the
created, the township and range numbers will show right-hand 18 inches of the bottom 16.25 inches of
up as duplicates. the 18-by-20 inch map sheet. If this rule was ignored
Half townships, three-quarter townships, half ranges and the drawing centered on the map sheet, the
and three-quarter ranges, surveyed and designated bookbinding could cover important information on
as such in the Survey of the U.S. Public Lands, are to the left-hand side of the drawing. Moreover, when
be cartographically treated as follows: bound, the drawing would appear off-center.
2-7
If the drawing were located on the sheet so that any By using standard map positioning procedures, prob-
of the points 1 through 4 lay off the sheet, it could create lems like this can be avoided.
future mapping problems. Consider the following case:
Figures 2-8A and 2-8B show the correct and incor-
1. The first 1=100 scale map in section 6 was of the rect way to position a drawing on the map sheet. In
SE14 SW14. The map was incorrectly positioned as
Figure 2-8A, additional parcels can be added in the
illustrated in Figure 2-7 (map No. 1).
future to complete the 14 14 section. In Figure 2-8B,
2. Subsequently, maps No. 2 through No. 8 were
however, some of the parcels in the 14 14 section will
made, and based on the incorrect position of the
have to be added to another map-if possible.
first map (Figure 2-7).
3. Meanwhile, the SE14 SW14 of section 7 was also NORTH CORNERS
mapped and incorrectly positioned as shown in NORTH CORNERS
Figure 2-7(map No. 9).

4. And, maps No. 10 through No. 16 were later
added over a two-year period.
5
SECTION LINE SOUTH CORNERS LIE
8 ON THE MAP SHEET
SOUTH CORNERS LIE
ON THE MAP SHEET
7 4
CORRECT MAP POSITIONING INCORRECT MAP POSITIONING
Fig. 2-8A Figure 2-8 Fig. 2-8B

6 2
6 The map number and subtitle should be positioned

as show in Figure 2-9.
3 1 ST
FIRA
MAPPED MAPPED M P
AS AS
SW1/4 SW1/4 SE1/4 SW1/4
1
2"
3
4"
SECTION LINE
HEADING MAP NUMBER
SUB-TITLE
16 15
MAPPED MAPPED
AS AS
NW1/4 NW1/4 NE1/4 NW1/4
UPPER RIGHT-HAND CORNER OF MAP
12 14
7
MAP NUMBER
11 13 SUB-TITLE
4"
3
10 9
MAPPED
AS
SECTION LINE LOWER RIGHT-HAND CORNER OF MAP
SE1/4 SW1/4
Figure 2-7 Figure 2-9
5. Surprisingly enough, the area shaded in Figure 2-

7 had not small ownership until a year after map
Map Lines
No. 16 was created. It is also surprising that the There are only four line weights in the standard ca-
cartographer could not see the obvious problem
dastral map system. They are:
he was generating by careless selection of map
boundaries and incorrect positioning of his map Weight Comparable
on the map sheet. To
6. When the owner of the shaded area subdivided .25-mm Leroy #000
his property, there was not enough room on maps
.35-mm Leroy #00
6CC, 6 CD, 7 BA or 7 BB to accommodate the new
subdivisions. Furthermore, the lots were too small .70-mm Leroy #2
for both the 1=200 scale or 1=400 scale maps. 1.40-mm Leroy #5
7. To correct the problem, all 16 maps had to be re- The .25-mm line is the standard line weight used to
mapped. letter a cadastral map.
2-8
The .35-mm line is the line used most in tracing. It is 8. Perennial streams
called the standard line. The standard line is used as that represent
shown in 91) through (37) in Figure 2-10. ownership bound- ETT R
E
aries. Right and RIVE
Though not required, many counties use pattern left banks always
ISLA
ND
symbols to designate water areas (as shown in Figure solid, regardless of
2-10 (23), (25), and (27). The pattern help to identify where ownership (MEAN HIGH WATER SHOWN)
complex water boundaries or other map lines. To extends
simplify the drafting/tracing process, pressure-sensi-
tive, transparent pattern sheets are used to represent 9. Pond, reservoir, or
the water areas. The pattern is burnished to the re- lake, navigable or
non-navigable. Al- POND
verse side (backside) of the tracing.
ways solid regard-
Although it adds a professional touch, the water pat- less of ownership
tern material and application process is expensive. If
the tracing receive considerable handling, the pres- 10. Intermittent or dry
sure-sensitive material may peel off. lake, pond, or res-
ervoir. (If the lake,
pond, or reservoir
Cartographic Map Symbols is owned separately
DRY LAKE
from surrounding
upland, lines would
Figure 2-10 be solid.
Note: Symbols produced on computer-plotter may Standard Line
vary slightly from those of hand-traced maps.
Supplementary Lines
Standard Line
X = 2,051, 322.91
11. Coordinate marks
Boundaries (LABEL WITH X OR Y VALUE)
1. Ownership 12. Right-of-way

centerlines
2. Parcel
13. Traverse (non-
3. Right of way ownership)
14. Used for line of 1931 MONROE SURVEY

4. Easement (LONG (1/4) DASH
improvement, old
AND / OR
shore line conflict- LIN
E
5. Railroad MANUAL
ing survey line (al- 6 SHORE
195
(1=2,000 scale) PLOTTER
ways label)
6. Intermittent D I TC H 15. Standard nonparcel

N
streams that also 1 5 I R R I G AT I O or nonownership
UNSURVEYED
represent owner- supplemental line .S. 721
E BY C
ship boundaries ARCH CREEK N 68 01
(usually a line of a 1/4 DASH
(surveyed and SURVEYED
survey; nonparcel 1/20 SPACE
unsurveyed) 116 line or 14 section
line, etc.)
7. Perennial streams
that represent 16. Section line, not coin-
o w n e r s h i p EK ciding with a parcel 1/4 DASH, 1/20 SPACE
CRE
boundaries (of UNSURVEYED CREEK or ownership line
width too small BLALOCK
to be displayed SURVEYED 17. Intermittent streams
on the cadastral not parcel or owns-
map) ership bourdary
2-9
1882 MEAND
ER LINE 25. Boundary of non-
18. Meander lines not
navigable body of
coinciding with par- RIVER water. Mean high
1882
cel lines, ownership MEANDER
LINE
water. Line always ETT
E R
lines, mean high tide, 1/4 DASH, 1/20 SPACE
solid, even though RIVE
or mean high water (APPROXIMATE) ISLA
ownership and ND
parcel boundary
extends into or
19. Fence line (when across water)
X
boundary conflict de- X
LINE BY P
mands notation of the FENCE HO 26. Navigable or non-
TO (ALWAYS LABEL LINES
line). Used only when navigable stream 1977 S H
O R WHEN 2 OR MORE ARE
ALWAYS LABEL THE SHOWN)
not the ownership or REFERENCE SOURCE showing both fore- EL
INE B Y A BY C.S. 200
1 9 3 5 SH ER
property boundary shore flat (sand ORE LIN E I AL
PH
1945 S OTO
bar, gravel bar, HORE L
INE BY
B.L.M.
rock outcropping SURVEY
CON T
20. Contour line used 2 0 0 O UR below MHW) and GRAVEL BAR
only when deed or LI N E old shore lines
survey calls for con- Note: Water pat-
ALWAYS LABEL THE
tour line as a bound- REFERENCE SOURCE terns are optional.
ary or reference line
27. Intermittent or dry
pond, lake, or reser- DRY POND
21. Rimrock, bluff, etc., voir (using pattern) (PATTERN NOT
when called for, in RIMR
OCK
REQUIRED)
deed or survey, as ALWAYS LABEL THE

boundary line of REFERENCE SOURCE 28. Elevated aqueduct
ownership
29. Aqueduct tunnel
TUNNEL
(always label tunnel)
Standard Line See appendix for information on Ocean Shore Pro-
file, General Estuary Profile, and Tidal and Sea
Riparian Boundaries Level Elevations and Definitions. Also see Volume 5.
22. Tideland boundary Standard Line

between mean high TL
H Right-of-Way Boundaries
tide (boundary be-
M
N DS
tween uplands and LA
DE 30. Highway S TAT E HIGHW
submersible lands) TI BO
RY
)
L ND
and mean low tide MLT ELA
D L
(TI
N NE 31. County road COUNTY
(boundary between HA
submersible lands C L
MH
T 32. Street, alley, public-
and submerged
usage road tradi-
lands) FIRST ST.
tionally accepted as
a public road
TO
23. Estuaries. Mean MHT HO 33. Sample county road
67 P N TY
high tide (mean on 1 = 2,000 scale COU R OA
D
19
high water). Always

80
map. Drawn at 100,

80
shown as solid line. BAY but actual width is (WIDTH ALWAYS NOTED)
(Water pattern used 80
in this example.)
34. Railroad (except
24. Boundary of navi- 1 = 2,000 scale)
gable bodies of E Or plotter generated
METT RIV
water. Mean high WILLA E
water. Line always (SEE VOLUME 5) Note: RR symbol is to follow survey travers rather
solid than mathematical center of right of way.
2-10
included on maps. In most cases, these easements have
35. Railroad right of way
no effect on the value of real property. Because there
and spur (except
are so many small utility easements, their inclusion on
1 = 2,000 scale)
cadastral maps would be detrimental to the map-
Plotter generated ping program. In the rare cases where easements do
affect the value of land, it is advisable to show, or at
Note: All right of way lines are drawn as dedicated, least note, the easement on the map.
deeded, or surveyed width from each other except on
1 = 2,000 scale maps. Major utility easements, such as for transmission lines
like that shown in Figure 2-11, have little effect on the
Standard Line value of real property. However, they must be includ-
ed on the map because of their importance (1) to
Easements the analytical bridging process in map control, (2) as a
36. Road (where neither 20 ROAD EASEMENT reference survey source to cultural lines and points
line is parcel or own- (SOMETIMES IT IS HELPFUL TO
INCLUDE DEED REFERENCE
(fence lines, property corners, road/traverse intersec-
ership boundary) ESTABLISHING THE EASEMENT) tions, traverse intersections with bodies of water, etc.),
and (3) as useful landmarks to the map user.
37. Transmission line The fact is, transmission line easements offer excellent
LINE
easement (major, M ISSION survey control-especially those executed by the
TRANS
such as BPA) (Fig- Bonneville Power Administration. The up-to-date
ure 2-11)
location of this information on cadastral maps is as
Note: If either exterior line of an easement or center important to the map maintenance program as any
line of an easement coincides with an ownership or other control information.
parcel boundary, then that line must be solid.
Most railroad tracks run across land owned in fee
Easements. Easements are nonpossessory interest. by the railroad companies. However, a few miles of
The right-of-way lines of easements are not ownership railroad track operate across easements. The correct
boundaries and should be drawn as shown in Figure 2- method of showing railroad easements is illustrated
10 (36) and (37). Often, however, one of the three lines of in Figure 2-12.
an easement (the right-of-way lines or centerline) will
coincide with an ownership or parcel boundary. In RAILROAD EASEMENT
this case, that line of the easement will be solid as shown in
Figure 2-10 (1) or (2). Perpetual easements are easements (Plotter -generated Symbol)
and must receive the same cartographic treatment as all OR
other easements. The fact they are perpetual does not RAILROAD EASEMENT
make them possessory interests.
(old hand traced Symbol)
Small utility easements, such as sewer line, telephone
line and water line easements, etc., should not be Figure 2-12
2-11
Notes: On 1=2,000 maps, the above centerline sym- within the area described by ORS 390.770, is exempt
bols and wording are used, but without the R/W from taxation.
lines.
If a parcel of land extends across the vegetation line,
Regardless of the railroad symbol used, the adopted the seaward part is exempt from taxation. The
symbol should be used as consistently as possible. land that is upland from the vegetation line is tax-
Never use both symbols on one map. able. The land must be divided into two parcels, and
The .70-mm solid line is the map boundary line. It a solid line designation must be used to divide the
has no other purpose than that of designating the parcels (Figure 2-13 B).
boundaries of large scale maps being indexed on parent
Zoning district boundary line. The 1.4-mm
index maps.
(.035) line is used to designate the boundaries of local
The map boundary line is always a solid line. zoning district boundaries. The line is not required
The 1.4-mm dashed line, as shown in Figure 2-13, is on standard cadastral maps. However, if a county
used to designate the vegetation line that forms feels the zone line is needed, the following line
the boundary between the ocean shore and the designation should be used.
uplands bordering the ocean shore. The ocean
shore is described in the statutes as follows:
ZONING DISTRICT BOUNDARY
ORS 390.605(2) Ocean shore means the land lying.
Figure 2-14
between extreme low tide of the Pacific Ocean and the
line of vegetation as established and described by ORS Zoning district lines are often changed. It is advis-
390.770. able to use a pattern tape on the back side of the
The vegetation line 2 to be drawn on the cadastral tracing instead of an inked line. This will allow
maps is accurately described (by x-y coordinates) in the line to be easily revised without a lot of time-
ORS 390.770. The line generally runs on the 16-foot consuming and messy erasures of an inked line. The
(above sea level) contour line. (Ref. U.S.C. & G.S. sea above pattern is K * E PPT 16 BK G 61 6555 (on a
level datum of 1929, Pacific N.W. suppl. adjust. of 1974.) pressure-sensitive tape). Any similar pattern by
Do not use the line of vegetation visible on aerial another manufacturer will suffice. However, be sure
photos, or a vegetation line noted on private surveys the tape is transparent.
unless they agree with the ORS 390.770 line.
Most zone lines will run along ownership or parcel
Governmental lands (state, county, etc.) lying west of
boundaries. The existence of the zone line will not
the vegetation line are exceptions to the provisions of
change the status or the designation of any other
ORS 307.450. The vegetation line is shown as a dashed
line. The zone line should be centered on the owner-
line when it runs through these lands (Figure 2-13 A).
ship or parcel boundary line and labeled zoning
VEGETATION LINE district boundary.
Miscellaneous line designations and sym-
VEGETATION LINE O.R.S. 390.770 bols. Figure 2-15 shows the standard designation
.30 .30 for subdivision lines, code lines, triangulation
(A) station, U.S. bench mark, and coordinate control
ACROSS EXEMPT LANDS points.
Pattern tapes. The code line should be designated
VEGETATION LINE O.R.S. 390.770
by a blue, transparent, pressure-sensitive tape ap-
(O.R.S. 307.450) plied to the back side of the tracing.
(B)
ACROSS TAXABLE LANDS In some projects, each taxing district boundary was
designated by a different pattern. This may ap-
Figure 2-13
pear useful and necessary, but is costly and seldom
When the vegetation line bisects private land, the understood. The taxing district boundary is a code
tax status of the land seaward of the line is changed. area boundary and it is only necessary to show the
ORS 307.450 Certain beach lands. After December 31, dividing lines between code areas. Only one pattern
1969, the land, but not the improvements to the land is necessary.
2-12
CODE LINE 3 U S E 3 / 2 2 B L U E T R A N S P A R E N T T A P E SOLID DASHED DOTTED
LEADER LEADER LEADER
SUBDIVISION TAPE
BOUNDARY PLOTTER
FOUND TRIANGULATION FD.

STATION
BM FD. Figure 2-17
FOUND BENCH MARK
1602
BM Whenever a line (regardless of line designation) inter-
BENCH MARK (QUAD) sects another line between two points of measure-
31
FD. ment, arrows MUST BE USED to clarify those points

FOUND CORNER
(Figure 2-18).
COORDINATE CONTROL POINT
Figure 2-15 669.3
The subdivision line origin is similar to that of code 540 588.71

lines. The hatch line designation was done in free- 1089.12
hand. This was costly, time-consuming, and didnt
always look professional. To expedite tracing, a
zip sheet (with fine hatch lines) was cut into
fine strips and burnished onto the reverse side of Figure 2-18
the tracing. This process was slightly faster, a little
Figure 2-19 illustrates the proper method for designat-
neater, but not too permanent. After some use, the
ing the direction of flow of aa stream. The arrow used
zip adhesive dried and fell off the tracings.
in large streams should be larger than the arrows used
A heavier-patterned, transparent, pressure-sensi- to identify points of measurement.
tive tape was adopted as the standard subdivision
boundary symbol. The symbol shown in Figure 2-15
was made with Chartpak 6238 T transparent pres-
sure-sensitive tape. This process is now standard.
ELKE R
VE
Map Arrows RI
Map arrows are used to clarify points of measurement
or points of call. They are also used to show the direction
of flow of a stream, or to direct map information to the
line, point or space the information relates to.
Figure 2-19
It is important to make arrows neat and in accordance
with conventional drafting graphic standards (Fig- The direction of a stream may seem unimportant.
ure 2-16). However, many deeds run to the right banks or left
banks of rivers. Without knowing the direction of flow,
it is impossible to identify which bank is the left
and which is the right bank of the stream. Note:
Determination is made while facing downstream.
Knowledge of the direction of flow is essential when
considering riparian right (problems of avulsion, ero-
CORRECT INCORRECT sion, reliction, etc.).
SW COR.
LEADER RITTEN BYRAM 800
ARROWHEAD D.L.C. NO. 38
INITIAL
FD. MON.
POINT
300
Figure 2-16 46 NW COR 375
U. SMITH 38901 . . 1975
NW
COR
36701
W
PROPERTY
D
V
All arrowheads should be the same. However, various .
SW
FD. 1/2 l.R.
10 .
COR
SEC
W
LINE
combinations of leaders can be used to clarify points of
J
SMITH
measurement when more than one measurement
LANOS
is shown on a line (Figure 2-17). Figure 2-20
2-13
Figure 2-20 shows how map information is directed U.S. Rectangular Survey
to points, space and lines on a map. Perfectly
Lines and Information
straight arrow leaders can often be confused with
parcel lines, survey lines, etc. So it is recommended Section corners are required on 1=400, 1=200 and
that the arrow leader for designating map informa- 1 =100 scale maps and should be spaced as illustrated in
tion location be curved (Figure 2-20). Figure 2-22. The section lines of adjoining maps must
be extended from the section corner on the bearing of
the adjoining maps.
Circles
3 2 2 1
Circles are used on the map to clarify and iden-
1/2
1/2
tify points of measurement, found corners, initial 1/2 1/2

points, meander corners and engineer stations.
1/2
1/2
The circles should be about 1/2o inch in diameter, with

10 11 11 12
a dot (or point) in the center to designate the exact point
1/2 1/2
of measurement. The circles on manually maintained
COMMON CORNERS OFFSET CORNERS
maps should not be bisected by lines. Circles on com-
puter-generated maps may be bisected by lines. Figure 2-22
Found section corners must be identified by circles. If

Figure 2-21 demonstrates the proper use of circles. they are coordinate map control corners, they must
2-14
be identified by the standard coordinate control tracts conveyed by separate deeds that are a part of
point symbol (Figure 2-23). one parcel.
2 1 1 6 Meander corners must be shown and labeled M.C.
FD. MON. All meander corners must be indicated by circles (Fig-
ure 2-26).
(HWY)
FD. 1 l.P.
11 12 12 7
FD.
FOUND SECTION COORDINATED MC MC MC MC
CORNER SECTION CORNER
.
. L
.
Figure 2-23
W
H
A B
Section corners of unsurveyed public lands (usually in
MEAN
national forests) are shown by nonintersecting lines, Figure 2-26
as in Figure 2-24. This only indicates the approxi-
mate location of the section corner had it been actually When meander lines do not coincide with mean high
surveyed. water, as in Figure 2-26(A), they are dashed unless
specifically designated (in no uncertain terms) in the
35 36 deed as the limit of ownership. In Figure 2-26(B) the
meander line and mean high water line coincide.
Omit the word government on all government lots
on tracings.
2 1 Section lines running inside public rights of way or
Figure 2-24 railroad rights of way must be dashed.
Quarter corners and centers of sections are labeled only Whenever possible, all of the following survey data
on 1=400 scale maps when they could be mistak- should be included on cadastral maps.
en for another corner, or when offset 1/4 corners exist a. Government lot numbers (except on 1=100).
(Figure 2-25). b. Government lot acres (except 1=100).
c. Public land survey dimensions, bearings and
Fd. ties (includes D.L.C.s).
FD. 1/4 COR. d. Surveyed meander lines, dimensions, bearings
1/4 COR. 1/4 COR. and ties.
e. Standard parallels.
f. Section corner numbers (except 1=2000).
NOT LABELED LABELED
g. Section numbers on 1=2000 (except in in-
Figure 2-25 dexed areas where map number if shown in-
Centers of sections and 14 corners must always be stead of the section number).
labeled on 1 = 200 and 1 =100 scale maps. All internal and external donation land claim cor-
1/16section corners must be shown and labeled on ners (D.L.C. corners) must be labeled. Figure 2-27 will
1=100 scale maps. However, /16 lines should not be aid in labeling the corners.
shown running through recorded subdivisions unless
NW Cor. NNE Cor.
the line coincides with property boundaries within the
subdivision. Int. EL
Cor.
Angle EL Cor.
Cor.
section corners need only be labeled when specific
1/16
Int. EL
identification is desired on all maps scaled differ- Cor.
W Cor. D.L.C. ENE Cor.
ently than I= 100, or where the 1/16 corner might
be confused with another corner. S or SW
Int. EL
Cor.
ESE Cor.
Angle Cor.
1/4and 1/16 lines are shown on 1 = 2000 scale maps only SW Cor. SSE Cor.
when the lines are parcel boundaries, government
lot lines, or when the lines are shown to clarify Figure 2-27
2-15
At each donation land claim corner, identify the SSW COR. 2 1
number of the D.L.C. The name of the D.L.C. should DLC No. 37
3.88 Ch. 11.35 Ch.
be shown at least once on each map (Figure 2-28).
28 Ch. 8.12 Ch.
N 89 45 W NE COR
40.01 Chs. = 2640.66 J. TATE
NW COR NE COR DLC No. 38 11 12
P.W. NICHOLAS DLC No 45
DLC No 45 Figure 2-29
Figure 2-28
All donation land claim dimensions, bearings and Always label D.L.C. lines when none of the D.L.C.
ties must be shown (Figure 2-29). corners lie on the map (Figure 2-30).
Figure 2-33
2-16
Private roads must always be separated from public
MAP BOUNDARY
roads, labeled PRIVATE ROAD, and assigned a tax lot
MAP BOUNDARY
number.
N. LINE D.M. JOHNSON DLC No. 46
Subdivision Data
The following subdivision data should be shown on
Figure 2-30
cadastral maps:
A listing of D.L.C.s may be added to cadastral maps.
The list should be placed to the left of the map num- a. Subdivision name.
ber in the upper right hand corner of the map. The b. Subdivision boundaries (Fig. 2-15).
D.L.C. list is optional (Figure 2-31). c. Block numbers or letters.
DLCs MAP NUMBER d. Lot numbers.
D. McLENDON DLC N0. 37 e. Streets, alleys, public walkways, bicycle paths
D. BAKER DLC N0. 38 (dashed if easement only).
A.K. HASH DLC N0. 43
D. ALDRICH DLC N0. 44 f. Subdivision dimensions.
Figure 2-31
g. Bearings.
h. Initial points.
If the point of call of a deed or survey is the center of a
road or street, the points of call should be shown i. Vacated parts of a subdivision should be shown
by ticks (Figure 2-34). if still referred to in deeds. However, the vacated
area should be labeled vacated. The subdivi-
If a street right of way has been purchased by deed, the
sion boundary zip moved to indicate the remain-
deed reference number should be shown in the right
ing portion of the subdivision.
of way (Figure 2-34).
If lot lines are split by property lines, as in lots 6 and 7 of
Figure 2-32, the lot numbers must be shown in the
opposite corners of the segregated lots.
FIRST 559 59 30 5 If a subdivision lot is split both vertically and horizon-
7 60 20 60
6 5 50 30
tally, as in lot 5 of Figure 2-32, the lot number must be
7 5
STREET
600 500 shown in each corner that has been separated by the
50 30 parcel lines.
700
30
Lot and block corners lying in a highway right of way,
40
such as lots 5, 6, 7 and 8 of block 9 in Figure 2-33, must be
20 50 30 6 80 5 4 shown as ticks (unless the lot has been officially va-
8 cated). No. 2 of Figure 2-33 shows how the numbers
100080 110080 80 of lots located in a highway are to be shown.
If a subdivision boundary forms the boundary of a
Figure 2-32 map, that line should be labeled (subdivision name)
If an existing street right of way is not being used for on the adjacent map (No. 3 on Figure 2-33).
public purposes, it must be separated from streets that
are being used by the public and tax-lotted with Information on Public Rights of Way
the adjacent owner or owners.
When space allows, the following right-of-way sur-
109 67 vey data should be shown on cadastral maps:
a. Engineer stations. At least one on each map.
DV 129 - 36 DV 129 - 37 DV 129 - 38 b. Bearings (grid or true).
209 100 209 c. Bearing equations.
d. Station equations.
Figure 2-34
Railroad Right-of-Way Data
The word VACATED and the ordinance number
must be shown in officially vacated streets and alleys The following railroad data should be shown
(No. 4 of Figure 2-33). on cadastral maps (when space allows).
2-17
a. Engineer stations and equations. At least one. Tidelands should be labeled as shown in Figure 2-10.
b. Bearings.
The treatment of riparian boundaries is a critical
c. Ties to major monuments or corners.
element of the cadastral map. It is advisable to read
d. Railroad name.
Volume 2, Chapter 2 on the U.S. Rectangular Survey,
e. Centerline and curve data.
and Volume 5 on Riparian Rights. It is essential that both
f. Right-of-way lines and widths.
areas are completely understood by the cartogra-
g. Spurs.
pher before plotting riparian boundaries.
h. Improvements on station grounds and rights of
way. The points of call of deeds and surveys must be shown
i. Railroad company right-of-way drawing num- as illustrated in Figure 2-35. Points of call to points
ber. anywhere between the boundaries of a body of water
should be identified by ticks (points A, B, C and D in
Figure 2-33 illustrates the correct way of showing rail-
road right-of-way information. Figure 2-35).
Map Information on 185

570 E
65 D
N 80W C
Transmission Line Easements B
The following transmission line easement data should A

be shown on cadastral maps (when space allows).
a. Engineer stations. At least one per map.
262.73
b. Ties to corners and parcels.
c. Deflection angles. Figure 2-35
d. Name of transmission line.
e. Station-to-station name.
f. Substations. Deed and Survey Information
g. Drawing number.
The following deed and survey information must be
h. Traverse or easement center line.
shown on cadastral maps (when space allows).
i. Easement right-of-way lines and widths.
j. Bearings and dimensions. a. Dimensions and bearings.
k. Equations. b. Ties to monuments, corners, highway engineer
stations, etc.
Figure 2-11 illustrates the correct method for graphic
c. Survey numbers (drawing numbers, or file num-
display of transmission line information.
bers).
d. Points of call when not evident on the map (e.g.,
Bodies of Water Information NE corner of DV 162-38).
The following information must be shown on cadas- e. Right-of-way survey data (engineer stations,
tral maps: curve information, widths, traverse dimensions
and bearings, etc.).
a. Name of body of water (if known). f. Easements (except small utility easements). g.
b. Direction of flow (use arrow). Ties to points lying off the map.
c. Surveyed meanders lines and meander corners (of
the U.S. Rectangular Survey). Map Boundaries
d. Meander line survey data (dimensions, bearings,
ties, witness corners, etc.). When a road, highway, street, railroad, alley, D.L.C.
e. Surveyed meander lines of other surveys (other line, stream or subdivision is the boundary of a map, it
than the Rectangular Survey). must be also shown on the adjacent map.
f. Tidelands.
g. Mean high-water line, mean high-tide line, ordi- On index maps, the boundary line dimensions and
bearings should be shown.
nary high water (on ocean shore-if known),
mean low-water line, mean low tide, mean low
water (when these lines can be identified). Index Maps
h. Vegetation line and statutes (Figure 2-13 and
Index maps must show only the following data:
appendix).
i. Ocean shore. a. Public thoroughfares.
j. 5.7-foot contour on ocean shore (when identifia- b. Map boundaries.
ble). c. D.L.C. lines and corners.
2-18
d. Transmission line easements. UPPER LEFT C O R N E R O F PA R C E L
e. Major landmarks such as: airports, parks, moun- 200 UI

tain peaks, etc. 200 U2
f. Bodies of water. 200 U3
10.35 Ac.
g. Railroad rights of way and spurs, centerlines.
h. Map numbers. Figure 2-36
Tax lotted parcels must not be shown in index areas.
LETTER
LE
The practice of showing tax-lotted parcels on more
ER
TT
TT
R
than one map is a major cause of double assessment.
LE
ER
E
LE
T
T
T
T
LE
E
R
LE
TT ER
TT
Measurements ER
LE
LETTER LETTER
When actual distances of parcel lines are not given
in deeds or surveys, and cannot be computed from TT
ER LE
TT
ER
LE
existing data, a scaled distance must be shown in R
LE
E
T
brackets ().
T
T
T
LE
ER
LE
E
LETTER
R
TT
TT
When more than one distance is given between two
ER
LE
points of measurement and the distances conflict,
the correct distance must be shown in brackets. Figure 2-37
The rule also applies to conflicting bearings. Con- Freehand lettering must be neat, readable, and consis-
flicting bearings should be shown as an equation, i.e., tent in style, i.e. do not mix slant and vertical freehand
(S.8930E by deed)=(S.893730E by survey). lettering.
Long freehand notes should be lettered outside the map
Cancelled Parcel Numbers boundary.
Cancelled parcel numbers must be listed on the tracing Parcel numbers must be located in the upper left-hand
under a heading titled CANCELLED NUMBERS. corner of each parcel. If the parcel is divided by a
The list should appear on the right margin of the map. county road, street, railroad or stream, the parcel
Once cancelled, a tax lot number (which includes the number should be shown on all divided parts of the
parcel number) should never be used on any other parcel. If a parcel is large, with complicated boundaries,
parcel of land. Reusing tax lot numbers can lead to the parcel number should be shown in enough places on
many legal complications and assessment problems. To the map to clearly define the boundaries of the parcel.
avoid confusion, the best practice is to use a new tax Parcel acreages are not usually applied to subdivision
lot number. land. However, occasionally it is necessary to show
acreages of farm tracts or irregular-shaped lots.
Tracing Parcel acreages are shown only once for each parcel.
All tracing must be done in black tracing ink on The acreage should be lettered below the parcel number
Mylarbased film. in the upper left-hand corner of the parcel.
Line work and lettering done manually must be Special interest numbers are lettered below the parcel
acreage; on subdivisions, below the parcel number.
neat, readable, and in accordance with the standards
spelled out in this chapter. The line work and letter- Undivided-interests are lettered in the upper left-
ing done on a computer mapping system should con- hand corner of the parcel (Figure 2-36).
form as close as possible with the Leroy lettering.
Code numbers should be lettered in the approximate
Tracing revisions must be done with the same care center of the code area on the map.
as original tracings.
Zoning district numbers (if shown) are placed in the
upper right-hand corner of each zone on each map.
Lettering on Tracings The zone numbers are underlined.
All lettering on cadastral maps (tracings) must conform to Subdivision names should be lettered across the sub-
the Standard Letter Guide. division on approximately a 60-degree angle.
2-19
Block or tract numbers are lettered in the center of SEE MAP
each block or tract. 13 6 8 BB
9 Government lot numbers and acreages must be lettered
3/4 as follows:
SECTION I T.2S R.I.W. W.M. LOT 4 41.07
CLACKAMAS COUNTY
1 = 400
County survey numbers must be lettered in the cen-
ter of the survey area of each map. The map survey
Figure 2-38
notation, in freehand, should be labeled as follows:
Lot numbers should be lettered adjacent to streets
SEE C.S. 1127
(Figures 2-32 and 2-33).
If the county survey number is unknown, note the
Lettering must be read from the bottom and right- survey by using the name of the party having the
hand side of the map. The guide in Figure 2-37 will survey made, and the date of the survey as follows:
assist in lettering.
SEE SURVEY FOR C. JOHNSON, Jan. 14, 1949
The map heading must be centered as shown in Figure
Mineral monuments should be labeled MM and
2-38. (See location on map sheet in Figure 2-6.)
the number of the monument as follows:
All maps are referenced on adjoining maps. MM NO. 1
References to adjoining maps are lettered outside of the The names of mining claim groups, of individual min-
map boundary, centered between boundary cor- ing claims, and the mineral survey number should be as
ners, and spaced 3/4 to 1 inch from the boundary. They illustrated in Figure 2-39.
must be lettered as follows: In addition to the foregoing mining claim informa-
SEE MAP 11 5 35 AA tion, dimensions and bearings of all mining claim
boundaries and survey ties must be included on the
Index map references must be lettered in the center map. This is essential because of the complexity of
of the indexed area as follows: mining claim surveys.
PEN SIZES
Mechanical Lettering Guide
TEMPLATE* PEN SIZE * TE M P L AT E * PEN SIZE *
240 3
60 000
80 000
100
120
00
0
350 4
140
175
1
2
500 5
200 2 * Leroy or similar
2-20
Patented Mining Claims Second, no single map in the statewide system would
contain all of the information elements shown on
the lettering guide. It is rare, for example, to find a
300 1=100 scale map with a state highway, railroad and
NO GROUP NAME
transmission line easement. Likewise, it is rare to find
a 1=400 scale map with the quantity of subdivision
91 DS
information that would appear on a V=100 scale map.
. 6 EN
In fact, when compared to all of the standard cadastral

M.SOSE
. 6 ION
STAR
TWIN
TWIN
maps in the state, only a small percentage of the maps
92
II
LO
M.S AMP
I
have the vegetation line, meander lines, reservoirs,
J.
tidelands, index map boundaries, standard parallels,
CH
. LI
SANDY J. W O mining claims, undivided interests, or the ocean.
V P
MILLSITE PE OU
R 0 Third, there is a considerable investment in obtain-
G . 70
.S ing the information necessary to construct or main-
M tain a cadastral map. It can be as much as 50 percent
WITH BOTH GROUP NAME of the cost of a map. Often, once the information
AND MINING CLAIM NAMES record is stored, it cannot be retrieved. It is wise
(ALL UNDER M.S. 700) Figure 2-39 to at least record the more important information
on the map while it is readily available.
Tracings are now being made by computerized plot-
Summary ters incapable of producing -fine lettering under 1/2o
inch. This limitation and the need to conserve space on
storage tapes requires certain data be omitted from
The lettering guide (pages 2-19 through 2-22) is also a tracings, e.g. some stationing, widths, etc. If needed,
summation of required map data. this information can always be added by hand.
Lumped together in one chapter, the map information
requirements appear to be an excellent example
of information overkill. In traditional cartographic Endnotes
practices, too much information makes a map less
attractive. 1. As of January 1988, the counties are Lane and
Columbia.
Appearances, in this case, are misleading. First, a
cadastral map is not designed to be artistic; it is a tool, a 2. The vegetation line is often referred to as the beach
record source, and a technical worksheet. It is zone line. However, vegetation line is the stat-
utory name.
designed to show land base data and the technical sup-
port for that data. The information required in this 3. Also called a taxing district boundary line, tax-
chapter is the technical support. ing district line, or code area boundary.
2-21
2-22
Standard Letter Guide
The following is the guide for lettering cadastral maps. The guide is also a list of information that should be
shown on cadastral maps. The guide is based on Leroy lettering sizes; however, any similar lettering systems
may be used. The letter C after the Leroy size means the lettering shall be in caps; CS indicates slanted capital
letters. Use 1=100 Scale letter sizes for 1=20 and 1=50 scale maps. Letter size and style will vary slightly
on maps produced by computer plotters. All lettering labeled freehand will be a similar size on the computer.
Letter 1=100 1=200 1=400 1=800 1=2000
Information Type Scale Scale Scale Scale Scale
HEADING
1. Map title Leroy 200C 200C 200C 200C 200C

MAP
2. County name Leroy 200C 200C 200C 200C 200C

3. Map Scale Leroy 100 100 100 100 100
IDENTIFICATION
4. Map Number Leroy 200C 200C 200C 200C 200C

5. Subtitle (under map Leroy 200C 200C 200C 200C 200C
number)
MAP
6. City Name (incorporated Leroy 200C 200C 200C 200C 200C

only)
7. D.L.C. listing (optional) Leroy 120C 120C 120C 120C 120C
8. Section corner numbers Leroy 100 100 100 100 100

9. Quarter ( ) corner
14 Leroy 100C 100C 100C 100C 100C
10. Sixteenth ( ) corners
1 16 Freehand
U.S. PUBLIC LANDSURVEY DATA
DONATION LAND CLAIM DATA
11. Center of section Leroy 100C 100C 100C 100C 100C

12. Meander corners (M.C.) Leroy 100C 100C 100C 100C 100C
13. Standard parallels Leroy 100C 100C 100C 100C 100C
14. Section numbers (1=2000) Leroy 200
15. Government lot numbers Leroy 100 100 100 100 100
16. Lot (for government lot) Leroy 100C 100C 100C 100C 100C
17. Government lot acreage Leroy 100 100 100 100 100
18. D.L.C. corners (name and Leroy 100C 100C 100C 100C 100C
number)
19. D.L. C. lines (name and Leroy 100C 100C 100C 100C 100C
number)
20. Bearing and dimensions Freehand
21. Triangulation stations Leroy 80C 80C 80C 80C 80C
22. Side map references (of Leroy 100C 100C 100C 100C 100C
adjacent maps)
REFERENCES
23. Index map references (in Leroy 200C 200C

body of index area)
MAP
1=200 indexed on Leroy 140C

1=2000
1=400 indexed on Leroy 200C
1=2000
2-23
Letter 1=100 1=200 1=400 1=800 1=2000
24. See Detail map Leroy 100C 60C

REFERENCES
25. See Mining claim detail Leroy 140C

MAP
map)
26. See Supplementary map
27. See Insert Leroy Suitable
28. Dimensions and bearings Freehand

29. Engineering stations Freehand
30. Oregon coordinates and 100C 100C 100C 100C 100C
SURVEY AND DEED
O.C.S.
INFORMATION
31. Supplemental information Freehand

32. Special notes Freehand
33. Gap, overlap Freehand
34. References to beginning Freehand
points located off the map
35. Reference drawing numbers 80C 80C 80C 80C 80C
36. Deed references numbers Freehand
37. County survey numbers Freehand
38. Parcel numbers Leroy 100 100 100 100

39. Parcel acreage 80 80 80 80 80
INFORMATION
40. Improvement only (A1, A2, Leroy 100 100 100 100
PARCEL
etc.)
41. Mineral rights only (M1, M2, Leroy 100 100 100 100
etc.)
42. Undivided interests Leroy 100 100 100 100
43. Assessed by Department of Leroy 100C 100C 100C 100C
Revenue
44. Creek, river, ditch names Watertext 200CS 200CS 200CS (suitable) 200CS
45. Names of lakes, ponds, reser- Watertext 200CS 200CS 200CS (suitable) 200CS
voirs
BODIES OF
WATER
46. Marshes Watertext 200CS 200CS 200CS (suitable) 200CS

47. Ocean, bays, sloughs Watertext 200CS 200CS 200CS 200CS 200CS
48. Meander line survey data Freehand
49. Vegetation line Leroy 100C 100C 100C
49A.Tidelines Leroy 200CS 200CS 200CS 100CS
2-24
Letter 1=100 1=200 1=400 1=800 1=2000
50. Railroad Names Leroy 200CS Suitable

51. Highway names and Leroy 200C Suitable
numbers
52. County road names and Leroy 200C Suitable
numbers
RAILROAD AND HIGHWAY
53. B.L.M. and N.F.D. road Leroy 200C Suitable

names
54. Street names or numbers Leroy 200C Suitable
INFORMATION
(old names in brackets)

Vacated streets, use smaller
Leroy
55. Easements Freehand
56. Vacation ordinance numbers Leroy Suitable to Size
57. Not constructed Leroy Suitable to Size
58. Vacation (in parenthesis) Leroy Suitable to Size
59. Right-of-way survey data Freehand
(includes stationing, curve
data, widths, dimensions
and bearings)
60. Drawing number Freehand
NUMBERS LINE EASEMENTS
TRANSMISSION
61. Transmission line name Leroy 100C 100C To 60C (Suitable)

62. Section Name Leroy 200C 200C To 60C (Suitable)
63. Survey data Freehand
64. Drawing number Freehand
65. Code number (in center of Leroy 500 or smaller if necessary

SPECIAL
code)
66. Zone number (underlined) Leroy 240CS in upper r-hand corner of zone
67. Subdivision names (Wrico or Suitable

Leroy shadow)
68. Condominium names (Wrico Leroy 240C Or Suitable
or Leroy shadow)
69. Block numbers Leroy 200 200 140
INFORMATION
SUBDIVISION
70. Lot numbers Leroy 100 100 100

71. Reference on adjacent maps Freehand
72. Dimensions and bearings Freehand
73. Park Leroy 100 100 100
74. Initial Points Freehand
75. Names of unrecorded plats Dotted 240C Or Suitable
(dotted Leroy)
76. Lot and block numbers of Leroy 200 For all blocks (or suitable)
vacated subdivisions (show
100 For all lots
only when necessary)
2-25
Letter 1=100 1=200 1=400 1=800 1=2000
POLITICAL OR SPECIAL
77. Adjacent state or county (Shadow 240C 240C 240C 240C 240C
names Leroy)
BOUNDARIES
78. County line Leroy 100C 100C 100C 100C 100C

79. City limits line Leroy 80C 80C 80C 80C
80. Special boundaries (Indian Leroy 80C 80C 80C 80C 80C
reservations, wildlife
reserves, etc.)
81. Mining claim name Leroy 100C 100C 80C 80C 60C
MINING CLAIM
INFORMATION
82. Mineral survey number Leroy 100C 100C 80C 80C 60C
(M.S.) No, ____)
83. Mining claim survey data Freehand
84. Mineral monument (M.M.) Leroy 100C 100C 100C 80C 60C
85. Mining group name Leroy Suitable to size
Standard Letter Guide

Special Maps
Information Letter Type 1=100 scale to 1=400 scale 1=800

1. Parcel numbers (supplementary maps Leroy See Standard Letter Guide 80
only)
2. Tax lot numbers Leroy See Standard Letter Guide 80
3. Parcel or tax lot number acreage Leroy See Standard Letter Guide 60C
4. Bodies of water Leroy See Standard Letter Guide 80C
5. Highways, roads, streets Leroy See Standard Letter Guide 80C
6. Section corner numbers Leroy See Standard Letter Guide 80
7. Mining claim names and numbers Leroy See Standard Letter Guide 80C
8. Government lot numbers Leroy See Standard Letter Guide 80C
9. Dimensions and Bearings Freehand
10. Special notes Freehand
2-26
Sample of a 1 = 2000 scale and and index map consisting of tax-lotted areas and indexed areas. Note that
major landmarks, such as the airport in sections 19 and 30 have been included.
Figure 2-40
2-27
Sample of a 1 = 400 scale index map. Note that the only information shown are streets, highways, logging
roads, and bodies of water.
Figure 2-41
2-28
Sample of a blowup map of the NE 14 indexed on the map in Figure 2-41. This map is also an index for a
1 = 100 scale map IN 2E 35AB.
Figure 2-42
2-29
Sample of a 1 = 200 scale map with nonstandard map boundary. Parcels 1300 through 1600 all lie within the
SW 14 and should have been included on map 39 20 10 CB.
Figure 2-43
2-30
Sample of a 100 = 400 scale and index map showing combination of large tax-lotted areas and indexed
areas.
Figure 2-44
2-31
Sample of a 1 = 400 indexing a supplemental map of a condominium (see Figure 2-46).
Figure 2-45
2-32
Sample of a supplemental map of a condominium. Any new condominium may be added to this map to show
condominium detail. The boundary is treated as a subdivision boundary.
Figure 2-46
2-33
Sample of a 1 = 400 scale map of part of a section. The omitted area is presently shown on a 1 = 2000 scale
map in order to avoid splitting a large ownership. If partitions or subdivisions develop in the SW 14, they will
be cancelled on the 1 = 200 scale map and brought forward to this map.
Figure 2-47
2-34
Sample of a 1 = 2000 map split by a county line. The map shows mining claims tax-lotted on this map. The
detail of the claims is shown on a detail map in Figure 2-49.
Figure 2-48
2-35
Sample of a detail map of mining claims shown on the map in Figure 2-48. This area could also have been
mapped and tax-lotted on six 1 = 400 maps.
Figure 2-49
2-36
Sample of a 1 = 2000 scale map.
Figure 2-50
2-37
Sample of a 1 = 100 scale map. Note that Broadway Street is used as a natural map boundary to avoid split-
ting Block 7.
Figure 2-51
2-38
Sample of a 1 = 2000 scale map showing example of map with confusing water areas. If pattern applied, as
shown in Figure 2-53, water areas are easy to distinguish.
Figure 2-52
2-39
Sample of a 1 = 2000 map showing water areas in pattern.
Figure 2-53
2-40
Detail maps are used when there are parcels too small to show the required data on the standard map. They
should be used only if there isnt enough information to make a larger scale map. Some examples would be
an isolated parcel on a 1 = 2000 scale map or a number of extremely small parcels on a 1 = 100 map. They
shouldnt be used to replace a needed map enlargement. Figure 2-54 shows an area too small to show adequate
detail. Figure 2-55 is an example of a detail map.
Figure 2-54
2-41
Below is an example of a detail map.
Figure 2-55
2-42
Contents Map Boundaries 2-18
Index Maps 2-18
Measurements 2-19
Introduction 2-3
Cancelled Parcel Numbers 2-19
Cadastral Graphic Standards 2-3
Tracing 2-19
Map Specifications 2-4 Lettering on Tracings 2-19
Geometric Control 2-4 Pen sizes 2-20
Mathematical Base 2-4 Mechanical Lettering Guide 2-20
Geographic Base 2-4 Patented Mining Claims 2-21
Standard Meridian 2-4
Summary 2-21
Basic Land Unit 2-4
Standard Linear System of Measure 2-4 Endnotes 2-21
Standard Map Areas and Boundaries 2-5
Map Scales 2-5
Map Sizes 2-5
Graphic Standards 2-5

Map Heading and Title 2-5
The Map Number 2-6
Map Positioning 2-7
Map Lines 2-8
Cartographic Map Symbols 2-9

Standard LineBoundaries 2-9
Standard LineSupplementary Lines 2-9
Standard LineRiparian Boundaries 2-10
Standard LineRight-of-Way Boundaries 2-
10
Standard LineEasements 2-11
Map Arrows 2-13
Circles 2-14
U.S. Rectangular Survey Lines and Information 2-
14
Subdivision Data 2-17
Information on Public Rights of Way 2-17
Railroad Right-of-Way Data 2-17
Map Information on Transmission Line Easements
2-18
Bodies of Water Information 2-18
Deed and Survey Information 2-18
2-43
The efficient performance of
assessment tasks necessitates a
parcel identifier that provides
a link between the geographic
location of a parcel of land,
the assessment records, the legal
description of the parcel, and
the cadastral map.
It should be a people number;
simple, easy to identify,
permanent, easy to maintain,
and flexible enough to adapt
to new laws, new requirements
and the computer.
Based on conclusions of the North

American Conference on Modernization
of Land Data Systems. (MOLDS) 1975
3
CHAPTER
THE STANDARD
TAX LOT NUMBER
3-1
3-2
The cadastral map number is directly related to the
Introduction U.S. survey number. This relationship supports the
government survey/map-based standard tax lot
number recommended by the Department of Rev-
To systematically identify land parcels, a numeric, al-
enue. Cadastral records are filed in tax lot number
phabetic or alphanumeric system is used. It is a code that
order.
refers to the parcels in lieu of their full legal descriptions.
The tax lot number is not an elite identifier from a
One example of a land parcel identifier system is the
National viewpoint,1 it is computer compatible and
street address system. Other systems include the is used in most Oregon computerized assessment op-
sequential serial number system, the state plane coor- erations. It can also co-exist with special identifiers
dinate-based system, the geodetic coordinate-based designed for the computer. In Lane County, for ex-
system, the DIME (Dual Independent Map Encoder) ample, a computer-generated account number exists
system, the map based system, the government sur- side by side with the tax lot number in the computer.
vey-based system and the government survey/map- The computer account number is a simple, sequen-
based system. tial, numerical and designed to speed data entry and
Some of the parcel identifier systems are used for retrieval It has no recognizable geographical element
making it unsatisfactory for most manual operations.
assessment administration; Others are used in the
The computer-generated account number appears
administration of federal programs such as the DIME
only as a notation on the records.
system used by the U.S. Bureau of Census. Some
of the systems are in concept only but designed In addition to the identifier number, Lane County has
for possible use at the national level. Some parcel a unique feature called the self-check digit. It is used by
identifier systems are people-oriented (for manual the computer to check the validity of the entire num-
operations); Other systems are strictly for computer ber. (see the glossary.) This eliminates the possibility
operations, or manual and computer operations. of repeating an identifying number.
The present trend is to promote the very advanced par- The parcel identifier described in this chapter, Com-
cel identifier. It can be designed to (1) relate to every ponents of the Standard Tax Lot Number, serves to
element affecting land, (2) eliminate all other identifiers communicate important information about the as-
of numbering systems, (3) be national or international in sessment cadastre, i.e.:
scope, and (4) solve all of the problems associated with 1. Identify the cadastral map containing the land
the legal cadastre (see Chapter 1). parcel.
Most of these goals are commendable. However a 2. Identify the scale of the cadastral map. This pro-
complex computer-oriented parcel identifier is inef- vides a general idea about the size of the parcel,
ficient for most manual operations. In assessment whether it is urban or rural, and the accuracy in
administration, most of the important work is done which the parcel has been mapped.
by people not computers. The parcel identifier used 3. Identify the parcel number on the cadastral map.
in manual assessment operations must be easy for
people to identify, understand and use. This requires 4. Show whether the account is an improvement
the identifier to have an element (easily recognized only or mineral right (both being assessed sepa-
by those who work with land-based records) that rately from the land).
provides a link between the identifier, the cadastral 5. Identify the account as an undivided interest in
map, and the geographic location of each parcel of land (requested as a separate billing from the
land, and the official records of the assessment cadas- remaining undivided interests).
tre. In Oregon, that element is the government sur-
6. Identify the account as being the common area of
vey-based numbering system: the U.S. Rectangular a condominium or unit of a condominium.
Survey System.
7. Identify the geographic location of the parcel in
Of all the cadastral numbering systems none is as the county.
familiar as the section, township and range numbering
system of the U.S. Rectangular Survey. It is used, or The tax lot number is a permanent number. The stat-
referred to by assessment officers, surveyors, title ex- ute providing for use of the number is ORS 308.240(1)
aminers, attorneys, cartographers, appraisers, county which reads (in part):2
recorders, land developers, realtors, the courts, engi- Real property may be describedby designation of tax
neers, and taxpayers (in Oregon). These people are lot number referring to a record kept by the assessor of
also the primary users of the cadastral map. descriptions of real properties of the county
3-3
The 1987 Legislative Assembly added language to and (2) the tax lot number using the unit ownership
ORS 93,600 which now eliminates the use of the tax number. Every tax lot number has a map number and
lot number as a description on documents to be re- a parcel or unit ownership number. A third element of
corded. ORS 93,600 reads: the tax lot number, the special interest number, is only
used when a special interest in real property requires
93,600 Description of real property for purposes of
recordation. Unless otherwise prescribed by law, real separate billing.3
property shall be described for recordation by giving The key to the tax lot number is the standard map
the subdivision according to the United States survey number.
when coincident with the boundaries thereof, or by lots,
blocks and addition names, or by giving the boundaries
thereof by metes and bounds, or by reference to the book Standard Map Number
and page of any public record of the county where the
description may be found or in such other manner as The State Standard Map Number consists of two
to cause the description to be capable of being made cer- parts (1) the section, township and range numbers of
tain. However, the description by tax lot number shall the U.S. Rectangular Survey; and (2) a letter or num-
not be adequate. Initial letters, abbreviations, figures, ber designation for the subdivisions of the sections
fractions and exponents, to designate the township, and 14 sections of the U.S. Rectangular Survey.
range, section or part of a section, or the number of any
The U.S. Rectangular Survey System is composed of a
lot or block or part thereof, or any distance, course, bear-
Cartesian coordinate type network of six-mile square
ing or direction, may be employed in any such descrip-
townships that are divided into thirty-six, one-mile
tion of real property.
square sections.4 Each section is divided into four 14
With the new legislative change, recorded documents sections and each 14 section is divided into four 14 14
should now contain adequate legal descriptions. sections.5 The progression from the township and range
network to the 14 14 section subdivision network is illus-
Components of the trated in Figures 3-1 through 3-6.
In Oregon, the township network is divided into four
Standard Tax Lot Number quadrants (Figure 3-7). The line that divides the net-
work into east and west ranges is called the Willamette
The standard tax lot number is divided into two cat- Meridian. The line that divides the network into north
egories: (1) the tax lot number using the parcel number, and south townships is called the Oregon Base Line.
3-4
4 3 2 1 4 3 2 1 4 3 2 1 4 3 2 1 4 3 2 1 4 3 2 1 1 MILE (M/L)
5 1/4 COR
6 6 5 4 3 2 1
7
1
2
7 8 9 10 11 12
3
4 NW 1/4 NE 1/4
1
2
13
(160 Ac.) (160 Ac.)
18 17 16 15 14
6 MILES (M/L)
3
4
ONE
1 MILE (M/L)
1
2 1/4 1/4
3 19 20 21 22 23 24
4
COR
SECTION COR
1
2
30 29 28 27 26 25
3
4 SW 1/4 SE 1/4
1
2
31 32 33 34 35 36
(160 Ac.) (160 Ac.)
3
4
6 MILES (M/L)
1/4 COR
ONE TOWNSHIP ONE SECTION
(subdivided into sections) (showing 1/4 section subdivisions)
1/2 MILE (M/L)
1/4 MILE
NW1/4 NW1/4 NE1/4 NW1/4 NW1/4 NE1/4 NE1/4 NE1/4
NW 1/4 NE 1/4 NW 1/4 NE 1/4

(40 Ac.) (40 Ac.) SW1/4 NW1/4 SE1/4 NW1/4 SW1/4 NE1/4 SE1/4 NE1/4
ONE
1/2 MILE (M/L)
1/4
SECTION
SECTION
NW1/4 SW1/4 NE1/4 SW1/4 NW1/4 SE1/4 NE1/4 SE1/4
SW 1/4 SE 1/4
1/4 MILE
SW 1/4 SE 1/4
(40 Ac.) (40 Ac.)
SW1/4 SW1/4 SE1/4 SW1/4 SW1/4 SE1/4 SE1/4 SE1/4
ONE-QUARTER (1/4) SECTION SUBDIVISIONS OF A SECTION

(showing 1/4 1/4 section subdivisions) (showing 1/4 and 1/4 1/4 section subdivisions)
3-5
FOUR QUADRANTS OF THE U.S. RECTANGULAR SURVEY SYSTEM
SEE THE APPENDIX FOR ADDITIONAL RECTANGULAR SURVEY INFORMATION
Figure 3-7
The quadrant of a township can be determined from 3 16 10

the township/range number, i.e.:
T.2N. R.19E. W.M. NE Quadrant
TOWNSHIP
RANGE
SECTION
T.3N. R.6W. W.M. NW Quadrant

T.15S. R.1W. W.M. SW Quadrant
T.37S. R.37E. W.M. SE Quadrant
In other words, the S (for South) and E (for East) of
T.37S R.37E. W.M. denotes a township in the SE quad- To arrive at the number the letters T, S, R and E are
rant. T.37S. R.37E. W.M. is read as: Township thirty-seven dropped.
South, Range thirty-seven East of the Willamette Meridian.
The map number designation of section and quarter-
The 37 south means south of the Oregon Base Line. section subdivisions is nearly as simple. First, the sec-
However, the base line is never noted in the township tion is divided into four quadrants, and each quadrant
number (as the Willamette Meridian is noted by the is assigned a letter (Figure 3-8). Second, each one-quar-
abbreviation W.M.), nor is it read into the number. It ter section is divided into four quadrants. Each quad-
is always understood that north means north of the rant is assigned the same letter as the corresponding
base line and south means south of the base line. quadrants of the section (Figure 3-9).
The transformation of the township, range and sec- For a 1=200 scale map, the letters A, B, C or D are used
tion number to a map number is simple. For ex- to designate the 14 section covered by the map. For ex-
ample, the map number of a 1=400 scale map of ample, the 1=200 scale map of the SW14 of Section 35
Section 10 of T.3S. R.16E. would be: of T.2S. R.9W. W.M. would be map number:
3-6
To designate 14 14 sections (1=100 maps), the 14 14
section letter and the 14 section letter are combined to
form a dual identifier. The 14 14 section subdivisions
of a section are lettered as shown in Figure 3-10.
A 1=100 scale map of the SE 14 of the NE 14 (SE
14 NE 14 or SENE) of Section 35 of T.2S. R9W. W.M.
would be map number:
2 9 35 AD
TOWNSHIP
RANGE
SECTION
4 SECTION
4 14 SECTION
1
1
LETTER DESIGNATIONS OF THE FOUR QUARTERS OF A SECTION.
Figure 3-8
LETTER DESIGNATIONS OF 14 SECTIONS (CIRCLED)

AND 14 14 SECTIONS OF A SECTION.
Figure 3-10
Note that the map number starts with the largest

subdivision of the Rectangular Survey, the township,
and ends with the smallest subdivision of the survey
plan, the 14 14 section.
LETTER DESIGNATIONS OF THE FOUR QUARTERS OF A 14 SECTION. Relationship of Standard Map Scale
Figure 3-9 to the Standard Map Number
Four standard map scales are used in the cadastral
map system. Their relationship to the rectangular
2 9 35 C survey is as follows:
RECTANGULAR
MAP SCALE SURVEY AREA
TOWNSHIP
RANGE
SECTION
4 SECTION
1 = 2000 One Township

1 = 400 One Section
1 = 200 One 14 Section
1 = 100 One 14 14 Section
1
3-7
The map scale to be used is determined by (a) the area Irregular units are fractional areas inadvertantly exclud-
of the U.S. Rectangular Survey (as labeled above), ed from the township and range designation at the time
(b) quantity of detail to be included on the map, (c) of the original survey. For example, when townships A
land use, (d) number of real property parcels being and B (Figure 3-11) sere surveyed they were supposed
mapped, and (e) the probability of future urban or to be contiguous. However, when the townships imme-
suburban growth. The map scales, as generally re- diately to the south (of A & B) were surveyed, it was dis-
lated to land use, are as follows: covered that the SE corner of Section 36 of T.XN. R.A.E.
was two miles from the SW corner of Section 31 of T.XN.
MAP SCALE LAND USE R.B.E. A retracement survey revealed that none of the
1= 2000 Timber (or Forest) section corners on the township line were common
Ranch lands except the north corner common to Sections 1 and 6.
Desert Patents had been issued; monuments set in place; and
the surveys recorded. It was therefore necessary to give
1 = 400 Rural the omitted area a half-township number; in this case T.
(small timber tracts) XN. R.A 12 E. (See Figure 3-12.)
1 = 200 Surburban
Farm lots (or tracts)
Industrial
1 = 100 Urban
Suburban
Recreation lands
The relationship of the standard map scales to the
T.X.N. R.A.E. T.X.N. R.B.E.
standard map number is: T.X.N. R.A.I/2E
WHAT THE ORIGINAL SURVEYORS ACTUALLY ESTABLISHED

Map Map Number LOCATION OF HALF-TOWNSHIP
Scale Tshp Rge Sec 14 14 Figure 3-12
1 = 2000 11 5 The irregular townships and ranges create no special
1 = 400 11 5 35 mapping problems. It does, however, create a prob-
lem in taxlotting. The fraction ( 12 ) is cumbersome to
1 = 200 11 5 35 C
deal with in computers. Also, problems occur in fil-
1 = 100 11 5 35 C A ing and retrieving data because it is so often confused
with the parent township.
Special Map Numbering Instructions The irregular townships and ranges are to be mapped
Oregon has many irregular townships and ranges. separately from abutting townships as if they were
full townships. This is necessary because some half-
These are designated half townships, three-quarter
townships are nearly as big as a regular thirty-six
townships, half ranges and three quarter ranges by
section township.
the U.S. Rectangular Survey. The following para-
graph contains a general explanation on how these The map number should reflect the true number,
irregular townships and ranges were created. if possible. As an example, T.10N. R.16 12 W. W.M.
would be numbered and labeled:
10 16 12
In the map title the number would appear:
T.10N. R.16 12 W. W.M.
If the computer system being used will not accept the
numerical values of one-half (1/2) or three-quarters
(3/4), the following alpha characters are used:
Townships
T.X.N. R.A.E. T.X.N. R.B.E.

S 12 townships = V
S 34 townships = X
WHAT THE ORIGINAL SURVEYORS THOUGHT THEY ESTABLISHED.
N 12 townships = Y
Figure 3-11 N 34 townships = Z
3-8
Example: T.32 12 S. R33E. W.M. map number would Even though it is evident that one area of a section
read: will never be mapped at a larger scale, the flow of
32V 33 the standard numbering system should be retained.
For example, all of the elongated section 6 (Figure 3-
Ranges 14) was going to be mapped at 1=100 scale, except
East 12 range = V for the area in a lake. It was obvious that the area in
East 34 range = X the lake would never require mapping; therefore, the
West 12 range = Y numbering plan could be as shown in Figure 3-15.
West 34 range = Z
Example: T32S. R.33 34 E. W.M. map number would
read:
32 33X
The tax-lotting of these irregular maps will follow the
same format as other standard maps. (see Compo-
nents of the Standard Tax Lot Number, page 3-2
Many sections in Oregon are larger than the regular
16 14 14 section. One section, for example, has 16 14
sections and 60 14 14 sections. When this is the case,
the regular A, B, C and D lettering plan will need to
be extended to include other letters.
There are too many variations of the oversized section
to establish one specific map numbering rule. How- Figure 3-14
ever, the map numbering should retain a sequence
compatible to the standard numbering plan.
Consider the elongated section of Figure 3-13. When
assigning the 14 14 section letter designations, the let-
tering plan for 14 sections was retained. The letter
designations for the SW 14 and SE 14 maps followed
the pattern of the standard plan and the letters were
extended to F.
INCORRECT MAP NUMBER PLANNING

Figure 3-15
What is wrong with the numbering in Figure 3-15?

Not everyone who encounters the tax lot number
(and subsequently the map number) has a map.
Without a map, a person familiar with the regular
map numbering pattern would assume that CC was
the traditional SW 14 SW 14 location; that CD was the
SE 14 SW 14; and that DC was the SE 14 SE 14.
The extended lettering of the elongated section is con-
fusing enough. By maintaining a pattern (whenever
possible) map-users and tax lot number-users will be
WHAT THE ORIGINAL SURVEYORS ACTUALLY ESTABLISHED
able to decipher the numbering plan without a map.
LOCATION OF HALF-TOWNSHIP In this case, the plan illustrated in Figure 3-16 would
Figure 3-12 be the correct pattern for numbering.
3-9
Those familiar with the geography of Lane county
will not confuse the fifteen with Range fifteen
because the township and range numbering in Lane
County extends only to Range 9 East and Range 13
West. When the numbering system was installed,
the countys computer system would not combine
alpha and numeric characters. Situations such as this
should be corrected as soon as new technology will
allow it. Lane and Columbia counties use numbers
instead of letters to designate 14 and 14 14 section sub-
divisions. The number substitutions are:
A=1 B=2 C=3 D=4

AA=11 BA=21 CA=31 DA=41
AB=12 BB=22 CB=32 DB=42
Figure 3-16 AC=13 BC=23 CC=33 DC=43
Counties bisected by the Oregon Base Line, or the AD=14 BD=24 CD=34 DD=44
Willamette Meridian, must add an E, W, N or S to Figures 3-18 and 3-19 show the numbering plan for 14
the map number to be able to differentiate west from and 14 14 section subdivisions.
east townships or north from south townships. (See The number substitution for 14 and 14 14 section iden-
Figure 3-17.) tification should not be used unless there is no other
In Lane County the number 5 is used with the option in a computer system.
range number to denote east ranges. The map num- Example of Map Numbers in Counties
ber for T. 17 S. R. 1 E. W.M. is: Using the Standard Tax Lot Number*
17 1 5 COUNTY
NORTHEAST
QUADRANT
NORTHWEST
QUADRANT
SOUTHWEST
QUADRANT
SOUTHEAST
QUADRANT
Baker 9 40 15 BA
TOWNSHIP
RANGE
SECTION
Benton 14 8 1 DD
Clackamas** 3 1W 25 BB 1 CE 32 BD
Clatsop 6 10 16 DA
Columbia 8 3 19 42
Coos 23 7 12 CB
Crook 15 16 1 AA
Curry 36 15 25 BD
Deschutes 14 13 16 CC
Douglas** 26 6 22 DA 22 4E 10 AB
Gilliam* 3N 21 21 CC 4S 21 10 DC
Grant 13 31 26 BD
Hood River* 2N 7 12 DA 1S 10 31 AB
Jackson** 37 2W 32 BA 32 3E 32 AB
Jefferson 10 3 9 AA
Josephine 39 8 4 34
Klamath 34 7 34 41
Lake 27 17 10 DA
Lane** 15 04 32 23 17 15 17 13
Lincoln 12 11 6 DA
Linn** 11 3W 8 AC 13 1E 3 BC
Malheur 19 47 32 CA
Morrow* 4N 25 17 AA 4S 28 11 AB
Polk 8 5 24 DD
Sherman* 1N 17 9 BA 2S 16 26 CA
Tillamook* 2N 10 9 BA 1S 9 17 DD
Umatilla* 2N 32 10 DD 5S 31 14 BD
Uniion* 1N 39 15 BC 3S 38 5 AA
Wallowa* 1N 42 14 DA 3S 45 20 DC
Wasco* 1N 13 9 AB 2S 12 15 AC
Washington* 2N 3 31 BB 1S 1 24 DC
Wheeler 8 24 36 DA
Yamhill 5 4 20 CD
*Bisected by Oregon Base Line **Bisected by Willamette Meridian
Figure 3-17
3-10
22 21 12 11
2 1
NW 1/4 NE 1/4
NW 1/4 NE 1/4
23 24 13 14
32 31 42 41
3 4
SW 1/4 SE 1/4
SW 1/4 SE 1/4
33 34 43 44
1/4 SECTION NUMBERING PLAN 1/4 1/4 SECTION NUMBERING PLAN

What Constitutes a Parcel

Tax Lot Number Employing
A parcel is a contiguous area of land that can be de-
a Parcel Number scribed in a single description (by a closed traverse,
or as one of a number of lots, blocks, sections, or
tracts in a subdivision or township), that is separately
The standard parcel number is called a two-zero num-
owned and that can be separately conveyed.
ber. The numbers are in order of hundreds, always
beginning with the number 100 and proceeding in Examples of properties that should be considered a
the following order: 200, 300, 400, 500, 600 and so on. parcel are:6
The two zeros in the parcel number provide the dig- 1. Two lots occupied by one building and used as
its for future parcel segregations and omitted parcels. a unit (e.g. a warehouse, motel, mill, apartment,
The segregated parcels are assigned subnumbers hotel, house, etc.).
based on the parent two-zero parcel number. 2. Two contiguous properties with one improve-
The combined parcel and map number form the stan- ment (e.g. a parking lot, log pond, loading dock,
dard tax lot number. For example, the following is a etc.).
standard tax lot number in Coos County: 3. Contiguous timberlands, ranch lands, etc.
COOS COUNTY TAX LOT NUMBER 4. Property of one use (e.g. either residential, com-
mercial, or industrial) even if part is in a subdi-
23 7 12 CB 700
vision and the contiguous part is in metes and
Map Number Parent bounds lands.
Parcel
No. Examples of properties that should not be considered
as parcels are:7
All townships in Coos County are south of the base
1. Contiguous properties that have separate dwell-
line and west of the principal meridian, so the cardi-
ings.
nal direction designations (E, W, N or S) are not in-
cluded in the map number. The tax lot number tells 2. Properties divided by city streets:
us that parcel 700 is situated in the NW 14 SW 14 of 3. In urban areas, properties divided by a highway,
sections 12, Township 23 South, Range 7 West. It also railroad, navigable river or other navigable body
tells us that the parcel is mapped on the 1=100 scale of water that totally divides the land of an own-
map number 23 7 12 CB. er.
3-11
4. Two contiguous tracts of land that are not under However, on the assessment roll it would be:
identical ownership. A tract of land conveyed to 11 3W 8 AC 200 3-01
R.W. Simon should not be combined with one
and
conveyed to Robert W. Simon. The R. W. may be
a son, brother, daughter, etc. 11 3W 8AC 200 3-18
5. Mortgaged land and nonmortgaged land. When a parcel is split by a code line the assessment
cards will carry the notation:
6. Tax delinquent land and nondelinquent land.
That part lying in code _________________________
7. Industrial or commercial classed properties with Remainder lying in code ________________________
other property classes. This is called a code split.
Examples 1 thru 7 apply to most units being mapped. Where a church and a parsonage are on the same
However, there are exceptions. Examples: (1) public land, separate parcel numbers are to be assigned to
lands under one use could be considered one parcel the church and to the parsonage (providing there is
when bisected by a street or railroad, (2) lands in one adequate information for segregating the parsonage
owner and one use or class bisected by an uncon- from the church).
structed street, (3) lumber yards, parking lots, church
grounds in the same owner bisected by an alley or If the parsonage cannot be located by description, as-
railroad. sign it an improvement-only number (described later
in the chapter).
Code lines, taxing district lines and zoning lines are
not considered permanent. Therefore, none of the
Assigning Parcel Numbers
lines will change the status of a segment of land that
qualifies as a parcel. Particular care should be taken when assigning parcel
numbers on maps. Parcel numbers should be assigned
200 in an easily followed pattern. When there is no smooth
10.00 Ac. 3-01 flow to parcel numbering, and the numbering jumps
ne
code li from one part of the map to another with no apparent
3-18 pattern parcel numbers are hard to locate.
On 1=100, 1=200, and 1=400 scale maps the
Figure 3-20 parcel number sequence will usually start in the
northeast corner of the map and progress in a general
In Figure 3-20, parcel 200 is bisected by a code line. counterclockwise direction (Figure 3-21).
The existence of the code line (which is also a taxing
district line) will not create two parcels. The parcel
must not be divided into two parcels (one for the part
in code area 3-01 and one for the part in code area 3-
18). The logic behind this policy is simple. Code area,
taxing district, and zoning lines change frequently. In
Figure 3-20 parcel 200 is divided by the code line. It is
safe to say that eventually parcel 200 will be either all
in code area 3-01, or all in code area 3-18.
Dividing parcel 200 because of the split code would
serve no purpose. It would only increase the number
of parcels to maintain. Code splits are creat4d as a
tool to assure that each taxing district gets its allotted
moneys. Each parcel is still assessed as a whole.8
The tax lot number and code area number creates what
is commonly referred to as the account numbers.
Parcel 200 in Figure 3-20 would be only one tax lot
DIRECTION OF PARCEL NUMBER FLOW
number, but each part in each code area would be
separate account numbers. If parcel 200 was in map Figure 3-21
11 3W 8 AC, it would be tax lot number:
Property patterns vary so much that sometimes it is
11 3W 8 AC 200 impossible number in a back-and-forth-horizontal
3-12
pattern. The best rule is to let the numbers follow imaginary lines that become insignificant once a
the direction of smoothest flow. In Figure 3-22, for map is numbered and the cadastre is based on
example, it is obvious that the number flow should the new number system.
be in a vertical-alternating pattern. There are two
points of view on numbering the subdivision. Some /
appraisers prefer the numbering to flow down one /
side of a street, the full length of the map, and back /
1800 1700 1000 900 100
up the other side of the street ignoring blocks and lot
/ 12 1 1 12
numbering as in Figure 3-22. 1100 800

/ 11 2 2 11
/ 1900 1600 1200 700 200
/
/ 10
14
1500
3 3
600 25 10
/ 9 4 4 9
/ 2000 1400 300

3000 2900 1700 1600 100
/ 8 5 5 8
/ 12
1800
1 1
1500
12
1300 500 400
/ 7 6 6 7
/ 11
2800 1900
2 2
1400 200
11
3100
/
/ 10
14
2700
3 3
25
1300
10
2100
/
8
2500 2600
2700
1 1
3000 3100
3200
8
3200
/
/
9
8
2600
4
5
4
5
300
9
8
2200 /
7
6
2400 15 2
3
2
3
2900 24 3300
7
6
2300 2800 3400
2000 1200 400 /
5 4 4 5
/ 7 6 6 7
/
/
3300 8
2500 2100 1 1
1100 500 8 /
/ 2200 600
3400 /
7
6
2400 15 2
3
2
3
1000 24 700
7
6
Figure 3-23
2300 900 800
34 35
/
5 4 4 5
35 36
300 200 100

/ 3 2 2 1
/
Figure 3-22
400 500
Although the pattern of 3-22 is smooth, many assess- 300
ment officers object to breaking up the records of a 1000
900 800 600
block. Moreover, some appraisers prefer to appraise 700
an entire block before moving to the next block. The
pattern of Figure 3-22 is acceptable, but most asses-
sors, cartographers, appraisers, and other assessment 1100 1200
1300
officials prefer the pattern illustrated in Figure 3-23.
This is recommended as the correct procedure: 1600 1500 1400
A block should be completely taxlotted before the

next block, or metes and bounds, is taxlotted. It is not 3 2 2 1
essential to follow lot and block sequence; it is more
important to have a good number flow pattern. 10 11 11 12
FLOW OF PARCEL NUMBERING ON A SECTION MAP
Remember:
Figure 3-24
1. Try to start in the NE corner of the map.
2. If possible, complete the numbering of each block Sections should be numbered in the same horizontal
before numbering the next block. alternating pattern as subdivisions and small acreage
3. If you have to jump the number sequence from tracts. (Figure 3-24.)
one part of the map to another, use the shortest
distance to determine where your next number 1=2000 scale township maps must be numbered (1)
will be (1200 to 1300 Figure 3-21). in section flow like Figure 3-24, but (2) following the
4. Do not worry about numbering across subdivi- section number sequence in an alternating horizontal
sion lines from one subdivision to another or
pattern. If the township is fractional, or if some of
from a subdivision to metes and bounds parcels.
Property patterns (both subdivision and metes the lower numbered sections are mapped at a larger
and bounds) were not made to conform to ca- scale, start the numbering in the section with the low-
dastral map boundaries. Subdivision lines are est number (Figure 3-25).
3-13
1000 800 700600 400 300 100
START
Some counties try to keep the improvement values
900
6 5 500 4 3 2 200 SEE MAP
8N 21 1
with the parent account. If owner As homesite had
been located in the southerly one-third of the original
1100 1400 1500 1600 1800 1900
parcel, the numbers for 700 and 702 in Figure 3-26C
7
1200 1300 8 9 10 11 12 could have been reversed.
1700
2200 1500 2100 2000 In Figure 3-26D, a second segregation has been made
from the original parcel 700, but out of parcel 701. This
18 17 16 15 14 13
is assigned the next consecutive segregation number
2300 2500 2600 2800 2900 3100 - 703. Also, owner A sold the northerly isolated parcel
19 20 21 2700
22 23 24 from his original holdings. This remains parcel 700 (the
2400 3000
numbers go with the land not the owner).
3400 3300 3100
In Figure 3-26E, owner A sells the remainder of his land,
30 29 28 27 26 25
3200 702, to owner C. Owner C also buys a small strip of and
3500 3700 3800
from parcel 703. The strip of land could be combined
SEE MAP with parcel 702. It is recommended to first assign the
8N 21 31 32
3600
33 34 35 36 next consecutive segregation number to a segregated
parcel to be combined, before combining the land into
PARCEL NUMBER FLOW OF A 1=2000 SCALE MAP one parcel. Then the segregated parcel number is can-
celled and the parcel is combined. In this case, the strip
Figure 3-25
of land is assigned the number 704; then cancelled and
combined with parcel 702 (Figure 3-26F). This proce-
Segregation Parcel Number dure will reduce research efforts in subsequent years
The two-zero parcel number allows digits for future i.e. when trying to determine when, where and how the
parcel segregations. Ninety-eight segregations can land became part of parcel 702. The cancelled parcel
be made out of each two-zero parent parcel number number 704 should not be used again on this map. The
without changing the number of parcel digits. Segre- next segregation would be parcel 705.
gations out of parcel 700 would be 701, 702, 703, 704
700 700 700
up to 798. Parcel number 799 is always reserved for
omitted parcels (described later in this chapter). OWNER AS
HOMESITE
ISOLATED
(owner A)
(owner A)
Figure 3-26 demonstrates the progression of segrega-
tion numbering from parent parcel 700. 701 701
PARENT
In Figure 3-26A, owner A owns all of parent parcel 1st Seg.

700. 700 is called the parent parcel because it is the PARCEL
parcel assigned the number 700 in the original tax-

lotting of the map; and, it is the base number for all (owner A) 702
subsequent segregations from this parcel. ISOLATED
(owner A)
(owner A)
In Figure 3-26B, owner A sells a parcel out of the mid-
dle of his land. This is a segregation and it is assigned A B C
the number 701. The new segregation isolates owner
As southerly one-third of the original parcel. 700 700 700 705
The isolated parcel of As property, the southerly one- Sold to

owner B
third, must be assigned a new number. The southerly
one-third of the parent parcel, tax lot 700, is now a
701 703 701 703 701 703
distinct piece of land with its own value. Using the
same parcel number for several isolated parcels of 2nd
Seg
land under the same ownership can lead to foreclo- 704
sure problems.9
Sold to C
702 702 702

An Oregon Department of Justice opinion states:
Sold to
(owner A)
The law does not contemplate assigning the same tax lot owner C
number to several noncontiguous pieces of property which

have the same owner. To permit such a practice would cre- D E F
ate many more problems than it would solve.10 Figure 3-26
3-14
Consolidation of Parcels A.J. Henderson
With
A parcel of land is defined as a tract of land set off as a Alvin Henderson or
single tax account in the assessment cadastre. Alvin J. Henderson
To avoid conflict between planners and the assessors 5. One parcel is seaward of the vegetation line and
office, the 1985 Legislative Assembly amended the the other is upland of the vegetation line of the
meaning of parcel in ORS 215.010 to include the fol- Oregon Coast.
lowing wording:
Existing parcels should be combined when possible on
(2) Does not include a unit of land created solely to the assessment cadastre. The combination should first
establish a separate tax account. apply to the next assessment roll and not to an existing
When taxlotting or maintaining a map, some existing assessment roll (or tax roll). If allowed to affect an exist-
parcels under one identical ownership should be con- ing roll, there could be problems in relation to appeals,
solidated into one new account (or one new parcel orders, payments, foreclosures and title insurance.
unit). This will eliminate unnecessary parcel records. Note: Contiguous means touching or abutting. It has
This is permissible and recommended; however, cer- been held by the courts that lands meeting at a com-
tain precautions must be taken before combining the mon corner, no parts or sides being common, do not
existing parcels as: constitute contiguous bodies of land.
1. Check local planning laws. Some counties use Most public roads and streets (with exception of state
the assessors parcel numbers as their base. If highways) are easements to the public. The public
you combine salable properties, come planners does not own the rights of way in fee (unless deeds
will require a formal partition before allowing prove otherwise). The underlying fee is usually in
the taxpayer to sell one of properties you have the abutting owner. Therefore, lands on each side of
combined. This could create an additional finan- a county road are contiguous. In rural areas they can
cial burden on the taxpayer. be consolidated.
2. If parcels are combined due to a request from the The following are two situations, which, according to
taxpayer, the request should be in writing, signed the Department of Justice, do not lend themselves to
by the taxpayer. This could protect the assessor consolidation:11
from future accusations if the taxpayer runs afoul
of the planning rules when the property is again (1) Mr. Robert Q. Smith has a piece of property re-
segregated. corded in his name only; and a contiguous piece of prop-
erty which he owns is recorded in the name of Robert Q.
3. The name of the owner of each parcel must be and Mary O. Smith. (2) Robert Q. Smith owns a piece
identical to the letter. of property which is recorded in his name and is also
4. The owners interest in each parcel must be purchasing a contiguous piece of property on a contract
identical. which is recorded
5. The parcels must be contiguous. Ninety-Nine Parcel Numbers

6. There must not be any delinquent taxes against
any parcel. New surveys often reveal small strips of land which
were not accounted for in the original assigning of
7. The property should be of the same classification. 130 130
Do not consolidate residential with commercial etc. 200 200
8. The tax status of both parcels must be identical.

(108)
(108)
(120)
(120)
Do not consolidate exempt land with taxable SEE C.S.

75-423
land.
399
(12)
(12)
Consolidations should not be made when:

300 300
FD B.C.
1. Parcels are not contiguous. (D.V. 126-30)
2. Both parcels have dwellings.

(70)
(70)
(70)
(70)
3. When there is a contract or mortgage on one par-

130 130
cel but not the other.
4. Names of owners are not identical; do not com- A B
bine, for example: Figure 3-27
3-15
parcel numbers. Ninety-Nine parcel numbers are Improvement-only
reserved for these omitted parcels of land. For exam-
ple, Figure 3-27A is a drawing of parcels 200 and 300 Improvement-only is identified in the tax lot number
as originally mapped and taxlotted. Two years later by the A followed by a number:
a new survey revealed a 12-foot strip of land that had
not been conveyed to the owners of parcels 200 and 23 7 12 CB 700 A01
300 (Figure 3-27B). The number 399 was assigned to
PARCEL
MAP
NUMBER
NUMBER
ONLY
IMPROVEMENT
the omitted parcel.
The 399 in this example does not denote any owner-
ship relationship to parcel 300. The number merely
indicates the proximity of the isolated parcel. The num-
ber 299 could have been assigned the omitted parcel
instead of 399; either number would provide the
proximity of the parcel. 23 7 12 CB 700 A01 is for improvement number one
on parcel 700. If another improvement-only account
Special Interest Numbers is requested on parcel 700, it will be 700 A02. Ad-
ditional improvement-only accounts would be num-
Most ad valorem tax billings for real property include bered A03, A04 up to A99.
the land, improvements, mines, timber, trees, water
rights, and other rights and privileges appertaining It is not unusual to have several improvement-only ac-
to land.12 counts on one parcel, e.g. airports, port property, grain
elevators. When this is the case, improvement-only
Sometimes, certain elements of real property are
numbers could go up to A99. If there were more than
owned separately from the land and other elements.
99 improvements, you would then use B01 B99.15
For example, service station buildings and improve-
ments are often owned by parties other than the fee Letter the improvement-only number below the parent
owner of the land. Another example of a separate parcel number on the cadastral map. (Figure 3-28)
interest in real property is the mineral rights reserved
by the grantor of a parcel of land. Common-carrier railroad rights of way (S.P.R.R.,
U.P.R.R., etc.) are not assigned parcel numbers. How-
It is common for the owner of a special interest to
ever, many improvements on these rights of ways are
request a special billing for the ad valorem taxes on
owned separately from the land. Nearly all require
his interest. This is provided for in Oregon law.13 To
an improvement-only number.
accommodate the law, the standard tax lot number
includes special interest numbers for improvements- In order to assign the improvement-only number,
only and mineral rights only. there must be a parcel number for the land. This is
When land is owned by one person it is said to be done by assigning the railroad the next highest parcel
owned in severalty. Often, however, there is more than number to the highest parcel number on the map.
one person (or party) owning interests to the land. The parent parcel number is not to be shown on the
The land is then said to be in concurrent ownership. In map. The improvement-only number is displayed on
such cases, the tenants own the land together; some- the map like the example in Figure 3-29.
times having the same interests in the estate under
the same title; or having interests accruing under
different titles. In both cases, it is common for one
or more tenants to request a separate billing for their 900 A
OI
share of the taxes. This is permissible under Oregon OI
900 M
law.14 The special interest numbers include a desig- 900 A
OI
TION
LOCA
nation for the undivided interests in land. SHOW APE OF
S H
AND VEMENT
O
IMPR
700
700 AOI Figure 3-29
A tax lot card16 is prepared for the parent parcel of

the right-of-way. The card should contain the word-
ing Tax-lotted For Improvement Only.
ORS 478.010 excludes railroad rights of way or im-
provements from rural fire protection districts unless
Figure 3-28 the owner consents to be included in the district.
3-16
A single improvement may have more than one im- 5S 31 14 BD 600 U01 is for undivided interest No. 1 on
provement-only number. An example is where each map 5S 31 14 BD. There will always be at least two
unit in a duplex is owned, in severalty by different undivided interest numbers (e.g. 600 U01, 600 U02)
people and the land is owned by the same people, but where these interests require separate billing. If there
as tenants in common. Improvement-only numbers are more than two undivided interests, the numbers
should be used for separate billings on each unit of U03, U04, U05, up to U48 may be used. When there
the duplex, i.e. A1 and A2. In such cases never divide becomes more than 48 separate undivided interest
the land; it will retain the parent account and will re- woner on one parcel of property, the cartographer,
main one billing (if requested the land can be billed assessor and tax collector may set up that parcel ac-
cording to the instructions in ORS 308.125(2):
separately as an undivided-interest.
(2) If an undivided interest in property is less than
Mineral Rights one forty-eighth of the entire interest in the property the
interest need not be assessed or taxed to the owner of
Mineral rights are identified in the tax lot number by such undivided interest, and the assessor the tax collec-
the letter M followed by a number: tor may treat all such undivided interests as one interest
which shall be listed as belonging to an unknown owner.
Mineral Rights Any number of owners of undivided interests which are
Number listed as belonging to an unknown owner because of this
IN 13 9 AB 1001 M01 subsection, may request the assessor and tax collector
that notices concerning the property be sent to a specific
PARCEL
MINERAL
MAP
NUMBER
NUMBER
RIGHTS
person at a specific address. The assessor and tax col-

lector shall honor such requests, but if more that one
request is made, only the one signed by the greater num-
ber of undivided interest holders shall be honored.
The undivided interest on the cadastral map are let-
The number is always used after the letter M to tered in the upper left-hand corner of the parcel. If
identify which mineral right in case there are more there are several undivided interests on a parcel, the
than one on a parcel (which is rare). The first mineral interests can be shown as illustrated in Figure 3-30.
right is M01; subsequent mineral rights on the same
parcel are M02, M03, M04, etc. to M99. 600UOI
through
Mineral rights are defined in ORS 307.01091) as real 600U99
property, are taxable, and must be assigned tax lot 27.00 Ac.
numbers and be entered on the assessment roll.
Property owners may be able to remove dormant min-
eral accounts by procedures explained in ORS 517.170. Figure 3-30
The mineral right number is shown on railroad rights of It is important to note that an undivided interest is just
way as illustrated in Figure 3-24. On regular land par- that undivided. In other words each owner of an un-
cels, the mineral right number is shown under the par- divided interest cannot identify his own severalty; all
cel number (like the improvement only in Figure 3-28). of the owners occupy promiscuously. If for example,
J.P. Cannon owns an undivided half interest in 20 acres
Undivided Interests of land and R.W. Arkes owns the other undivided half
interest, it does not mean that each owns 10 acres. It
Undivided-interests are identified in the tax lot number means that each owns one-half interest in all of the real
by the letter U followed by a number: property. On the assessment roll each account will be
on 20 acres, but the taxes will be split.
Undivided Interest
Note: Separate billings on undivided interest are cre-
Number
ated only at the request of the taxpayer.
5S 31 14 BD 600 U01
Occasionally an undivided interest will exist on an-
PARCEL
MAP
NUMBER
NUMBER
UNDIVIDED
INTEREST
other special interest, such as an improvement-only.

The undivided interest cannot be shown in the tax lot
number in this case; however, it can be shown on the
assessment roll as:
An undivided 1/3 interest in an improvement only.17
3-17
Subsurface Ownerships
The ownership of real property is not only in a hori-
Mapping the Condominium
zontal plane and vertical plane above the surface of
Often there is inadequate space on the cadastral map
the land; it can also be in a vertical plane from the
to show the detail of the unit ownership. In such
earths surface in a direction toward the center of the
cases, the condominium can be shown on a 1=50
earth. In other words, the land can be owned in lay-
scale or 1=20 scale supplemental map. The condo-
ers. Subsurface lands will usually be described as:
minium outline and some detail can still be shown on
That portion of the said property (previously described) the cadastral map. Figures 2-45 and 2-46 show the
lying a depth of _______ feet measured vertically from proper way to map a condominium. Note that Fig-
the contour of the surface thereof. ure 2-45 does not show the unit ownership numbers.
That detail is shown on the 1=20 scale supplemental
This is not a geothermal right, water right or mineral map in Figure 2-46.
right it is an outright ownership of land, including
all rights. If the condominium is a high-rise building (or
buildings) it would be shown as per the following
Subsurface ownerships are identified in the tax lot example:
number by the letter S followed by a number (see
Figure 3-31A). 90001 90006 90011 90016
to to to to
If the subsurface lands are being conveyed, they will 90005 90010 90015 90020
be assigned regular segregation parcel numbers. The
letter and number will be noted on the map as shown APT. 24
in Figure 3-31B.
FIVE STORY BUILDING
Numbering for subsurface ownerships can be from
S01 through S99. Figure 3-33
In Figure 3-33, Apartment 24 is shown in its exact

700SOI 700 location in the condominium. Each of the rectangu-
701 701SOI
lar areas represent the size and shape of the units in
apartment 24. In this case, the units on all five floors
were of identical size and shape. If the units on each
floor were different, it would be necessary to include
a general floor plan with the map. It is not neces-
A B sary, on the floor plan, to make the plan as detailed
as an architectural floor plan. Use only single lines
Figure 3-31 and show only the unit outline. Any further detail
will only make the plan confusing. If a detailed floor
If an additional segregation of the surface lands
plan is needed for appraisal, the original copy of the
is made, and the parent parcel is still retained for
developers floor plan can be used.
the subsurface land, the parcel would be labeled as
shown in Figure 3-32.
Unit Ownership Numbers
700SOI For Condominiums18
701
The unit ownership number is designed to accom-
modate various types of condominium properties:
700SOI high-rise, subdivision, garden, and court type con-
702 dominiums.
The unit ownership number is designed so it wont
Figure 3-32 conflict with the standard parcel number on the map.
To make identification easy, a five-digit number is
Subsurface lands must not be treated as mineral only
used. The number usually starts with a nine 9,
accounts. The ownership is of all land and rights
such as:
(except those reserved); the mineral only would be
misleading. 27 13 35 AA 90704
3-18
This number should not be mistaken for a parcel If several condominiums are situated on one map, the
number because parcel numbers never run above common areas of each are assigned the four-zero base
30000. number of the condominium; i.e.:
It is not uncommon for there to be several condomini- 27 13 35 AA 80000;
ums on one map. If this is the case, the first condo- 27 13 35 AA 70000, etc.
minium will start with the number 90000; the second
condominium will start with the number 80000; the Use 99000, 88000, 77000, etc. for common area num-
third with 70000, and so on down to 40000. bers when there are more than nine condominiums
on a map.
Example: 23 12 31 BB 70016
The common areas on the map must be labeled:
If there are more than six condominiums on a map,
COMMON AREA
it is evident that the scale of the map is too small. A
or
larger scale map will be needed.
LIMITED COMMON AREA
Common Areas and the common area number must be included on

the map.
All condominiums have what is known as the general
If the condominium includes garages owned by in-
common elements that are common to all unit owners
dividual unit owners, assign each garage space the
(with few exceptions). The general common ele- same number as the unit owned by the owner of the
ments are not assessed directly. Instead, a valuation garage.
is made of the elements. Then the value is divided
and attached to the value of the units in proportion
to the interest of the unit owners in the common ele- Planned Community
ments. (Often, the valuation of the common elements
is part of the appraisal of the units.) ORS 94.550 defines a planned community as:
In addition to the general elements, many condo- (9) Planned community means any subdivision un-
miniums have limited common elements. These are ele- der ORS 92.010 to 92.190 which results in a pattern
ments like moorage slips, aircraft hangers, etc., that of ownership of real property and all the buildings, im-
are limited to unit owners purchasing the additional provements, and rights located on or belong to the real
property, in which:
rights in these elements.
(a) There is a homeowners association responsible for
The rights of unit owners to the general and limited
the maintenance, operation, insurance, and property
common elements are spelled out in the condomini-
taxes related to any common property of the planned
um declaration. Specific owner rights to special gen-
community or for the exterior maintenance of any prop-
eral common elements and limited common elements erty that is individually owned; and
can be found in the unit owners deed.
(b) Owners of individual lots, by virtue of their own-
Some unit ownership declarations provide for the ership automatically are members of the home-owners
purchase of limited common elements by persons not association and assume liability for membership fees.
possessing interests in any unit of the condominium.
If it is assumed that the taxes on the limited common ORS 94.550 continues:
elements are to be paid by unit owners only some (14) Unit means a building or portion of a building
owners of limited common elements may be errone- located upon a lot in a planned community and desig-
ously omitted from the assessment roll. nated for separate occupancy or ownership, but does
not include any building or portion of a building
An important part of the general common elements is
located on common property (emphasis added).
the common area. This is the land and improvements
of the common element that are apart from the unit Analysis of the wording of ORS 94.550, specifically
itself (swimming pool, lawns, recreation rooms, etc.). subsection 14, shows that the division of property
Even though the common areas are not assessed in a planned community is by lot, not by units. The
separately from the units, they must be assigned a description on the tax lot cards should reflect the lot
tax lot number. That number is composed of the map designation.
number and the four-zero base number of the condo- ORS 94.550 also defines common property as:
minium called the common area number; i.e.:
(2) Common preperty means any real property or
27 13 35 AA 90000 interest in real property within a planned community
3-19
which is owned or leased by a homeowners association The streets and alleys of a planned community
or owned as tenants in common by the lot owners, or may be dedicated to the public (by either a common
designated in the declaration for transfer to the asso- law or statutory dedication), to the lot owners or ho-
ciation. Common property does not include any lot meowners association (either as part of the common
designated on the plat or in the declaration of a planned property or as an easement with the underlying fee
community for ownership by a person other than the remaining in the declarant), or may be a combination
homeowners association. of both. Great care must be taken in determining the
intent. If the roads are not specifically reserved by the
Another important factor is that a condominium can declarant, or specifically reserved to the homeown-
be included within the boundaries of a planned comers association, and such words are used in the road
munity. ORS 94.570(4): Nothing in this section pro- name that imply a public use (e.g. street, avenue,
hibits the establishment of a condominium subject boulevard, alley, etc.), barring any formal dedi-
to ORS 94.004 to 94-480 and 94.991 within a planned cation on the plat, the streets must be considered as
community. being common law dedications to the public i.e.
A condominium within a planned community must public highways. This is explained further in Volume
be specifically identified as a condominium and its 4 of the Oregon Cadastral Map System.
boundaries must be identified. Condominium com- Planned communities should be taxlotted using the
mon property should be taxlotted separately from standard tax lot number. If there is a condominium
other non-condominium common property (when located within the boundaries of the planned com-
possible). munity it should be taxlotted separately using the
Taxation of lots and common property of a planned standard condominium number.
community is described by ORS 94.728: It is interesting to note that nothing in Oregon law
Taxation of lots and common property. (1) Each lot provides for planned unit developments. When a
in a planned community constitutes for all purposes plat bearing either that name or the initials P.U.D.
a separate parcel of real estate and shall be separately has already been approved, it should be treated like a
taxed and assessed. planned community. Assessors should refuse to ap-
prove the declarations of any further planned unit
Be careful not to taxlot common improvements on development until the title is corrected to comply
common property as a lot. with Oregon law.
(2) No separate tax or assessment may be levied
against any common property which a declarant has Real Property
reserved no right to develop into additional lots.
(3) The declarant alone is liable for payment of taxes or
to be Tax-Lotted
assessments on any portion of the common property of a
planned community in which the declarant has reserved All parcels of real property are to be taxlotted except:
the right to develop the property into additional lots, a. Public highway rights of way (see following note)
until the right terminates or expires, or is exercised,
abandoned or relinquished. b. Public streets and alleys (constructed)
(4) If the right described under subsection (3) of this c. Common-Carrier railroad rights of way
section terminates or expires or is abandoned or relin- d. Navigable bodies of water.
quished before July 1 of any year, no tax or assessment
shall be imposed against the portion of the common Note: If a State highway runs through a drainage dis-
property so affected for the next tax year beginning on trict that has a levy, the highway must be assigned a
July 1. tax lot number. The State is assessed for that part of
each highway situated across a drainage district.19 A
The common properties are taxlotted separately, state highway running through an irrigation district
but in accordance with ORS 94.728 are not assessed is also subject to taxation and must be taxlotted.20
separately (except as provided in subsection 3). They
are taxlotted for several reasons: (1) as a means of Highway quarries, borrow pits, rest areas and parks
that are not part of the actual right of way should be
inventory, (2) ORS 94.665 allows the homeowners
tax-lotted.
association to sell all or part of the common property.
Therefore, should it be conveyed, a tax lot number is Dedicated streets and alleys that are not being used
already set up for separate assessment, and (3) this as public rights of way must be assigned parcel num-
will provide a tax lot card to maintain important in- bers. These lands are taxable to the abutting owners
formation and dates about the common property. having the reversionary rights to the right of way.21
3-20
This rule is based on an expression of the common
law rule to the effect that adjoining owners hold title
Easements
to the middle of a street, alley, or county road (if the
adjoining owners or their predecessors in the title Easements are never to be assessed separately from
contributed equally to the road, as within a subdivi- the land; even if perpetual in nature, or public ease-
sion). ment roads and ways of necessity.
A legal opinion22 from the Department of Justice An easement is a non-possessory property interest and
states, in part: not a separate estate.26
It is settled past controversy in this State that the abut- Public easement roads, like ways of necessity, are ease-
ting owner is also the owner of the soil of the street in ments and should continue to be assessed to the owner
front of his lot to the center of the street, subject to the of the land over which the way is located.27
right of the city to improve the same for the purpose of
travel.23 Beach Lands Seaward
Also: of Vegetation Line
I would also suggest that if the county assessor According to ORS 307.450:
places undeveloped streets or roadways on the tax
roll, that he create a separate account for the area. Certain Beach Lands. After December 31, 1969, the
land, but not the improvements to the land within
The assessment and taxation of a street, alley or road, the area described by ORS 390.770 is exempt from
or a foreclosure for nonpayment of taxes will not de- taxation.
stroy or imperil any public easement.24
If a parcel of land owned by a taxpayer extends across
When the streets, alleys or county roads are open to the vegetation line, the seaward part has separate tax
the public and are used as public roads, the parcel
status from the upland part. So it is essential to di-
number should be cancelled.
vide the land into two parcels and assign each parcel
Unpatented mining claims on governmental lands a tax lot number. Governmental lands bisected by the
are not taxable and therefore must not be assigned vegetation line can remain as one parcel. (See ORS
separate parcel numbers.25 478.010; beach lands excluded from RFPDs).
Endnotes
1 One primary reason U.S. Rectangular 6 In all of the examples, land would 15 This is typical in recreation areas
survey/map-based parcel identi- have to be in the same ownership and where improvement-onl special in-
fiers are unsatisfactory for use on a lying on the same map. terests are summer homes on leased
nationwide basis, is that the national government lands.
7 1, 2, 3, 5, 6, and 7 would be in refer-
identifier must contain an element ence to properties under the same 16 Description of real property.
common to all states of the Union ownership. 17 The fraction (1/3) and improve-
The Rectangular survey was never ment only are used only as exam-
8 Department of Justice opinion (150-
used in the metes and bounds states. ples.
303-4-00878) May 24, 1988.
2 Although permissible by law, the 18 The statutes refer to condominiums
9 Guthrie vs. Haun 159 OR 50: The
number should never be used in lieu as unit ownerships not condomini-
policy of the law in requiring sepa-
of a description on a deed, contract, ums.
rate valuations to be placed upon
or any other instrument of convey- 19 ORS 547.455(3)
disconnected and distinct parcels or
ance.
tracts of land for taxation purposes 20 ORS 545.452(3)
3 Permitted under ORS 308.115. is to protect the rights of the property 21 ORS 307.200
4 One township in Klamath County owner and enable him to redeem any
has 37 sections (T.37S. R.8E. W.M.). 22 January 21, 1975 No. 14-109.
tract or parcel by paying the amount
of tax specifically charged thereon. 23 Kurtz v. Southern Pacific Co., 80 Or
5 The configuration of township grids,
213, 217, 156 P2d 794 (1916).
number and size of sections, and the 10 Department of Justice opinion (LS V-
subdivisions of sections are made in 405) October 19, 1970. 24 Gasperd v. LeBaron 107 C.A.2d356
reference to the original plan. Actu- (1951), 237 P2d 278, 281 (1951).
11 Department of Justice (OF 543-V;
ally, few townships are exactly 6 March 12, 1962. 25 ORS 307.080.
miles square; few sections are actu- 26 State v. The Calif. Ore. Power Co., 225
ally 1 mile square; and many sections 12 See ORS 307.010
Or. 604, 609 (1961).
have either more, or less, than sixteen 13 ORS 308.115
14 sections. 14 ORS 308.125
3-21
Contents
Introduction 3-3
Components of the Standard Tax Lot

Number 3-4
Standard Map Number 3-4

FOUR QUADRANTS OF THE U.S. RECTANGULAR
SURVEY SYSTEM 3-6
Relationship of Standard Map Scale to the Standard
Map Number 3-7
Special Map Numbering Instructions 3-8
Tax Lot Number Employing a Parcel

Number 3-11
Assigning Parcel Numbers 3-12
Segregation Parcel Number 3-14
Consolidation of Parcels 3-15
Ninety-Nine Parcel Numbers 3-15
Special Interest Numbers 3-16
Improvement-only 3-16
Mineral Rights 3-17
Undivided Interests 3-17
Subsurface Ownerships 3-18
Mapping the Condominium 3-18

Unit Ownership NumbersFor Condominiums18
3-18
Common Areas 3-19
Planned Community 3-19
Real Propertyto be Tax-Lotted

3-20
Endnotes 3-21
Easements 3-21
Beach Lands Seaward of Vegetation Line 3-
21
3-22
4
CHAPTER
DIRECTION
4-1
4-2
4. The radian system. This is a fundamental method
DIRECTION of measuring angles. It is used in advanced math-
ematics and is commonly used in highway spiral
Direction in cadastral cartography is the angular re- formulas.
lationship of one line to another line; or one line to a 5. The point system. This outdated system was used
meridian, without reference to the distance between for navigation in the days of the big sailing ships.
them. One angular measurement of direction is done on 6. The cardinal and intercardinal system. The cardinal
a horizontal plane1 and is called horizontal direction. points are often used in surveying and deeds. In-
tercardinal points are seldom used in surveys but
HORIZONTAL DIRECTION are often used in deeds.
Horizontal directions are measured in both a clock-

The Sexagesimal System
wise and counterclockwise direction from the zero In this system the circle is divided into 360 degrees of
bases. Horizontal direction is also expressed as a arc. Each degree of arc is divided into 60 equal parts
bearing within a quadrant. known as minutes of arc; and each minute of arc is
Horizontal direction should always be accepted as being divided into 60 equal parts known as seconds of arc.
a clockwise measurement, unless designated in some
Angles in this system are written, for example, as
manner as being a counterclockwise measurement.
472033, which is read as forty-seven degrees,
Horizontal direction may be based on four differ- twenty minutes and thirty-three seconds.
ent meridians (1) geodetic (true) north, (2) magnetic
In the sexagesimal system north is zero degrees, ex-
north, (3) grid north, and (4) assumed north (direc-
pressed as 0. East is ninety degrees (90); south is one
tion measured from a line assumed to be, but is not
hundred and eighty degrees (180); west are two hun-
geodetic north).
dred and seventy degrees (270), and a full revolution
to north is three hundred and sixty degrees (360).
ANGULAR MEASURE
The Centesimal System
Angular measure is used for designating the value of
horizontal angles. To determine how far an angle has Also referred to as the metric system of angular
been generated, a unit of measurement is required. At measure. In this system each quadrant of a circle is
the same time an angle is generated, a corresponding divided into one hundred equal parts called grads
arc is generated. When the line being turned makes or grades. Each grad is further divided into decimal
one revolution, a circle is generated. Therefore, the parts.
circle is divided into divisions known as units of arc, Angles in this system are written, for example, as
that are used to measure angles. In other words, the 275g7289, which reads as two hundred seventy-five
unit of angular measure is the angle at the center of
point seven two eight nine grads: or it may be writ-
the circle subtended by one of the small subdivisions
ten as 275g7289, which reads as two hundred
of the circumference.
seventy-five grads, seventy two centesimal minutes,
There are several systems of angular measure; each and eighty-nine centesimal seconds.
designed for a specific purpose. They are:
The Mil System
1. The sexagesimal system. The most commonly used
system in cartography, surveying, navigation and In the mil system the circle is divided into 6400 equal
mathematics. parts known as mils. The mil (symbolized as ) is
2. The centesimal system. This is the metric system divided into decimal parts.
of angular measure. Unlike other metric units Angles in this system are written, for example, as
of measure, the centesimal system has not been 1625.39 , which reads one thousand six hundred
widely accepted. Even in some countries under point three nine mils.
the metric system, the sexagesimal system is used
more than the centesimal system.
The Radian System
3. The mil system. This system is principally used by
the military for artillery purposes. However, there This type of system has some advantages over the
are rare cases where the map system has been sexagesimal system for it relates the length of arc gen-
used on surveys and deeds. erated to the size of the angle. Radian measurement
4-3
also simplifies work with trigonometric functions in few who use the terms realize they are referring to
calculus. exact points in a circle.
Assume that an angle is generated, as shown in figure When cardinal and intercardinal points are used in
4-1. If we impose the condition that the length of the the description in a deed, the exact bearing equiva-
arc (s), described by the extremity of the tine seg- lent should be used unless a specific point of call has
ment generating the angle, must equal the length of been designated in the deed description; or unless a
the line (r), then we would describe an angle exactly survey shows otherwise. Tables 12 and 13 show com-
one radian in size; that is, for one radian, s = r. The pass cardinal and intercardinal equivalents of sexag-
fact that the length of the circumference of a circle is esimal angular measure and bearing measure.
2 times the radius, tells us that there are 2 radians
in a circle; and, there are r radians in 180. Therefore,
1 radian is equal to 180 divided by pi, or 571745
MERIDIANS
(approximately 57.3). Also, 1=/180 radians, or
0.017453 radians. Meridians are north-south lines from which direc-
tion is based. As stated earlier in this chapter, me-
ridians can be geodetic (or true), grid, magnetic or
assumed.2
Geodetic Meridian
This is the true north meridian on a great circle
to the north and south geodetic (geographic) poles.
Surveys should be considered as being based on a
Figure 4-1
geodetic meridian unless specified in some manner
The simple relation s = r, where s = the length of arc, as being grid or magnetic.
r = the radius and is the size of the angle in radians,
is convenient for solving spiral curve problems. Ra- Grid Meridian
dian conversion tables are included in the appendix.
This is the meridian of a local or state plane coordi-
The Point System nate system. In the Oregon Coordinate System the
central meridian is the only grid meridian that is also
This system is of historical interest only. It is occa- a geodetic meridian (it is longitude 12030).
sionally used in navigation and may still be found on
charts and marine compasses. Magnetic Meridian
In the point system, the circle is divided into 32
Magnetic meridians are magnetic north. Contrary
points; each point equal to 11.75 degrees.
to popular belief, magnetic meridians are not on a
32 pts. x 11.75 = 360 great circle running to what is commonly known as
the magnetic north pole. This is because the magnetic
It was further divided into fractions of points.
meridians are compass meridians, and the earths
magnetic influence on magnetic compasses at any
The Cardinal and Intercardinal System point is always changing. At one point on the earths
surface, the needle of a magnetic compass may point
The cardinal and intercardinal system is directly tied
to one certain position as being magnetic north, yet at
to the sexagesimal, and points system.
a point only a few miles away the needle of the mag-
The cardinal points are known as east, west, north netic compass may put magnetic north in an entirely
and south, the four main points of the compass. different position.
Intercardinal points are northeast, southeast, south- The horizontal angle between the magnetic meridian
west, northwest, and are broken down to subintercar- and the true meridian, at a point, is called magnetic
dinal points such as north-northeast, east-northeast, declination.
south-southwest. etc.
The cardinal points have definite meanings. North is ex- Magnetic Declination
actly 0 north; east is 90, south is 180 and west is 270.
The meridian indicated by the needle of a magnetic
Surprisingly enough, the intercardinal points have compass seldom coincides with geodetic north. As
exact equivalents in degrees (see Table 12), although explained above, this difference between magnetic
4-4
and geodetic meridians is known as magnetic decli- tion on a 1 geographic grid from the earliest date of
nation. These declinations change during the day (di- valid observations to the present; at ten-year intervals
urnal), and they change by the day and annually. The up to the year 1900, and at five-year intervals thereaf-
changes in declination are known as diurnal varia- ter. To derive values from the tables, the cartographer
tions, daily variations and annual variations. Un- must interpolate for geographic position and for
predictable variations are called irregular variations. year. As an alternative to the hand computation from
Unpredictable, but important changes in variations, tables, a computer derived table can be furnished by
are called secular variations. the N.O.A.A. giving values for specified location in
When the compass needle points westward of true specified years.
north, the magnetic declination is west. When the On some maps and charts there are two 360 divi-
compass needle points eastward of true north, the sions of the circle; one circle inside the other. The out-
magnetic declination is east. (Note: All magnetic side circle is usually based on geodetic north and the
declinations in Oregon are between 18 east and 23 inside circle is based on magnetic north. This graphic
east.) Figure 4.2 illustrates the relationship of mag- configuration is known as a chart rose. The magnetic
netic and true meridians with easterly and westerly variation is noted in the center of the chart rose for the
variations.
year stated. Included in the chart rose is a notation as
to the annual increase, or decrease, in variation (to
the nearest minute of variation). At some geographic
locations there may be no annual change in variation.
This will also be noted in the chart rose. On many of
the old Government Land Office plats, the variations
are noted at each section comer, and at the right-hand
side of the plat. These were the variations at the time
the townships were surveyed; however, they will not
be the present variations. In the original survey of
Township 31 South, Range 13 West, W.M., the varia-
tions were from 1830 east to 1915 east. Figure 4-3
illustrates how this is noted on the G.L.O. plat.
Fig. 4-2
Remember, the magnetic declination at any point is

not a constant value, but is always changing.
Angular values added to the magnetic azimuth of a
line gives the true azimuth of the line. Because of the
constant variations in magnetic declination, true azi-
muths determined this way cannot be relied on closer
than to about 15 minutes of arc (.25 degrees).
Information on past and present declination of the Fig. 4-3
earths magnetic field is available from the Envi-
ronmental Data Service, National Oceanic and At-
mospheric Administration of the U.S. Department
of Commerce (abbreviated N.O.A.A., formerly the
U.S. Coast and Geodetic Survey). The present value LOCAL ATTRACTION
of magnetic declinations of cities, townships, or other
points of interest, can be derived from isograms or Local attraction is a term to denote any local influ-
isolines3 on isogonic charts from the N.O.A.A. ence that causes deviations of the magnetic needle in
Information on the magnetic fields in past years, of- a compass. A deviation is when the local attraction
ten needed for plotting or rerunning old surveys, is causes the needle to be deflected from the magnetic
available from the N.O.A.A. Tables are available giv- meridian; being the angle between the compass mag-
ing values for specified locations of magnetic declina- net and the true magnetic meridian.
4-5
Some sources of local attraction are (1) magnetite lar grid, is superimposed over the developed plane
(loadstone), (2) metal structures, (3) electric power surface. One line of this grid, the principal meridian,
lines, (4) steel railroad rails, (5) surface and under- coincides with the geodetic meridian. All other grid
ground pipes, (6) automobile and trucks, (7) wire meridians differ from geodetic north by the value of
fences, and (8) other permanently fixed objects of theta, the mapping angle.
iron and steel. Ordinary iron ores do not attract a
Grid azimuths must always be determined with the
magnetic compass needle unless those ores contain
north grid meridian designated as zero.
magnetite or pyrrhotite.
Magnetic Azimuths
AZIMUTH Magnetic azimuths are measured with magnetic
north, as the line of zero azimuths.
Azimuth is direction, expressed as a horizontal angle,
measured clockwise from a zero line (north or south). Magnetic compasses are usually only used in sur-
Every line has two azimuths depending on the ob- veying to detect large errors in horizontal angles,
servers position. For example, in figure 4-4 a survey measured by more accurate methods, or to obtain
progressing from point A to point C generates the for- approximate values for angles. Although forward
ward azimuths a or al. When observing from point C and back azimuths of a line should differ by 180,
to point B, the back azimuths b or bl are generated. compass measured distances may vary several
degrees from 180 because of local magnetic at-
traction. This factor, however, is usually corrected
when the final survey drawing is prepared.
QUADRANTS
A quadrant4 of a circle is an arc of 90; or one quarter
of a circle. The NE quadrant of a circle lies between
0 north and 90 east. The SE quadrant of a circle lies
between 90 east and 180 south; the SW quadrant be-
tween 180 south and 270 west; and the NW quad-
rant between 270 west and 360 or 0 north.
Figure 4-4
The forward and back azimuths are written as

angles in the sexagesimal units. Forward and
back angles of a line should differ by 180 for the
purpose of plane surveying. Azimuths may be cat-
egorized as true azimuths, grid azimuths or magnetic
azimuths.
True Azimuth
True azimuths are based on a true north (geodetic)
meridian. Unless noted. as grid or magnetic azimuths, Figure 4-5
in some manner, azimuths should be considered as Quadrants are an important part of the bearing
being based on a true north meridian. system of direction. In that system, the quadrants
are as labeled in figure 4.5, but the cardinal points
Grid Azimuth have slightly different sexagesimal values; north is
Many surveys are based on the Oregon Coordinate
0 and south is 0, east is 90 and west is 90.
System or on a local coordinate system. Coordinate Quadrants of rectangular coordinates are any part of
systems are based on the assumption that a small the four parts into which a plane is divided by the
portion of a geometric figure will nearly coincide coordinate axes lying in that plane. For example: The
with a narrow strip of the earths surface, and that quadrants of a section are the NE14, SE14, NW14 and
the surface of this geometric figure can be developed SW14 of the section; the quadrants of a V4 section are
into a plane. A system of squares, called a rectangu- the NE14, SE14, NW14 and SW14 of the 14 section.
4-6
BEARINGS in figure 4-6) through the NW quadrant. Imagine that
each point in a traverse is the center of a compass. In
figure 4-7, line AB is running from point A from the
The bearing of a line is its direction within a quadrant SE quadrant to point B. Therefore, line AB would be a
of a circle with reference to a meridian. south and east bearing, or S40E. Likewise, line BC is
Bearings are measured clockwise and counterclock- running from the SW quadrant so the bearing is a south
wise; clockwise in the NE and SW quadrants, coun- and west bearing, or S44W, and line CD would be a
terclockwise in the NW and SE quadrants. north and east bearing, or N72E.
A bearing is identified by naming the end of the

meridian from which it is reckoned (north or south),
and the direction from that meridian (east or west).
Thus an angle generated from the north end of the
meridian and turning clockwise in an easterly direc-
tion would be a NE bearing. If, for example, the angle
generated was 45, the bearing would be N 4 E.
Figure 4-7
The traverse DC, CB and BA would be the recipro-

cal, of traverse AB, BC and CD. Line DC would be
running from the SW quadrant and would therefore be
a south and west bearing, or S72W (the reciprocal of
N72E). The bearings N44E and N40OW would be
the reciprocals of S44W and S40E.
Figure 4-6. At present, bearings used in cadastral cartography
Every bearing has a reciprocal of that bearing; for are in sexagesimal units. They can be in degrees, min-
example, the reciprocal of line AB in figure 4-6 is line utes and seconds.
AC. Line AC has an identical angular value to that of Bearings, like azimuths, can be true, grid or magnetic.
AB; however, line AC would be generated from the
south end of the meridian in a westerly direction. Figure 4-8 illustrates the relationship between azi-
Therefore, it would be identified by the letters S and muth, bearings, quadrants and angles.
W, or S 45 W. Likewise, the reciprocal of a NW bear-
ing would be a SE bearing of equivalent value. DEFLECTION ANGLES
Another method of clarifying the direction of a bear-
ing is to use the first and last letters in the bearing (the A deflection angle is the clockwise or counterclock-
only letters in a bearing) to determine what quadrant wise angle from the prolongation of a line. Deflection
the bearing is running from. For example, the bearing angles are always less than 180. Figure 4-9 illustrates
N4230W would be running from the angle point (A clockwise and counterclockwise deflection angles
4-7
time consuming than a good drafting machine. The
protractor is, however, an excellent tool for checking
for large angular errors.
The Drafting Machine

Cadastral cartography demands the utmost skill and
accuracy in laying out angles and bearings. A draft-
ing machine is a precision instrument that is used
to lay out angles and bearings. When compared to a
hand protractor, the drafting machine can save up to
50 percent of the time required to plot by protractor.
Because the machine has the ability to retain a con-
stant meridian, accuracy can be increased as much as
75 percent when compared to hand protractors.
A drafting machine combines the features of a
T-square, triangle, straightedge and protractor. There
are drafting machines for architectural drafting,
mechanical drafting, structural drafting, and civil
engineering drafting. The only significant difference
between the different types of drafting machines is in
the type of drafting machine head. For cartography, the
civil engineering head is desirable.
Drafting machines are available for any size table,
RELATIONSHIP BETWEEN AZIMUTH, BEARINGS, ANGLES and there are special machines designed for tilt-top
and QUADRANTS. drafting tables.
Figure 4-8
The civil engineering drafting machine head is, in
effect, a precise engine divided protractor designed for
extreme accuracy in plotting. Some civil engineering
heads have double venires that read up to one min-
ute of arc. Most civil-engineering drafting machines,
such as Bruning Machines, have automatic stops at
15-minute intervals.
The machines are equipped with base-line settings
which will allow the cartographer to adjust the draft-
ing machine to any meridian. Figure 4-10 illustrates
the working components of a typical drafting ma-
chine (in this case, a Bruning 48-110 civil engineering
Figure 4-9 machine).
The features of each make machine will vary, but in
effect, most machines have nearly the same compo-
PLOTTING ANGLES & nents. The quality of engineering head and ease of
operation are the two main features to examine when
BEARINGS choosing a machine.
Drafting machines can be purchased that operate
The most accurate method of plotting a traverse is by on a sliding track rather than rotating swivel arms.
plotting by coordinates. If a traverse is to be plotted These are best suited to large drafting tables. They are
by angles or bearings, an engineers drafting machine ideal for laying out large base control maps.
must be used.
When the drafting machine is mounted to the draft-
Angles can be plotted with hand protractors; how- ing table, a meridian will remain constant anywhere
ever, this is a very poor tool for accurately plotting on the table (as long as the head remains locked in
a traverse. It is a common source of plotting errors. place). Figure 4-11 illustrates how a meridian remains
In addition to being inaccurate, protractors are more constant even though the drafting machine arm is ro-
4-8
tated. In figure 4-11, only the lower arm was rotated;
however, either arm can be rotated without losing,
the meridian. This ability to maintain meridian is one
of the key features that makes a drafting machine su-
perior to a hand protractor.
By releasing the base-line brake, the machine can be
oriented to any other meridian; for example, from a
true meridian to a grid meridian.
With the base-line brake locked, the protractor can be
adjusted to any angle or bearing.
Figure 4-11
The Drafting Machine Protractor

The part of the machine that shows the units, or divi-
sions of arc, is the protractor. It consists of the circle,
on which the divisions of degree are shown; and the
vernier, in which the divisions of minutes are shown.
Figure 4-12 illustrates a typical protractor circle and
vernier.
1. Mast control knob 11. Protractor circle I
2. Leveling screws 12. Protractor vernier Figure 4-12

3. Clamp casting 13. Chuck plates
4. Clamp screws 14. Straightedges Most protractor circles are marked from zero degrees
5. Clamp bracket 15. Base-line lever to three hundred and sixty degrees; and in ninety-
6. Arm 16. Head control knob degree quadrants each from zero degrees to ninety
7. Bands & covers 17. Touch control button degrees (for reading bearings).
8. Upper elbow bracket 18. Scalock The smallest accurate reading of a protractor is re-
9. Elbow control knob 19. Scale square ferred to as the least count of the vernier. In figure
10.Lower elbow bracket 20. Wing nut 4-12, the least count of the vernier is five minutes.
This is acceptable for cadastral purposes; but a ver-
Figure 4-10 nier with a least count of one minute, such as that
4-9
illustrated in figures 4-13 and 4-14, is desirable for 1. If the protractor does not have an attached mag-
cadastral cartography. nifying glass, use a hand magnifying glass to get
an accurate reading.
2. Always view the protractor from directly above
the circle and vernier. This will prevent errone-
ous readings resulting from parallax. Always read
the side of the vernier in which the angle is being
generated.
4. Always make sure that you are reading angles in
the right quadrant.
Figure 4-13
5. Never put a pen or pencil mark on the circle or
vernier. The circle and vernier should be kept as
clean as possible.
6. Always make certain that you are oriented to the
proper meridian and have the base line brake
tightened.
7. Straight edges should always be tightened so that
there is no play in either straightedge.
8. Never lay an angle with a triangle. Always use
the drafting machine straightedge.
9. Always make certain that the vertical and hori-
zontal straightedges are at 90 from each other.
Most cartographers use the horizontal straight-
edge for all bearings because it is difficult to
maintain 90 between the two straightedges.
10. Always tighten the wing nut (No. 20 in figure 4-10)
after the protractor is set on the desired bearing.
In addition to the above rules regarding the use of the
machine:
1. When plotting a bearing, the pencil lead should
be sharp and the point of the lead should be snug
against the straightedge.
2. The drafting media must be securely fastened to
Figure 4-14 the drafting table surface.
The protractor on a drafting machine is very 3. After leaving your work for a considerable
similar to that of a surveyors transit; and for all amount of time, such as overnight, check the
practical purposes, the drafting machine is the machine with the meridian you are using. A good
cartographers transit. rule is to check the machine setting as often as
possible.
Verniers Failure to abide by the above rules will result in costly
errors.
The vernier is figure 4-12 is an outside vernier, that is,
it is located on the outside edge of the circle. Some Figure 4-13 shows a typical inside vernier protrac-
verniers, such as the verniers in figures 4-131 and tor.
4-14, are inside verniers located on the inside edge of The following step-by-step instructions are for set-
the circle. The location of the vernier does not affect ting a bearing on the enlarged view of an inside
the manner in which it is to be read. vernier protractor shown in figure 4-14. The given
Reading a vernier is a stumbling block for most begin- bearing is N 7143 E.
ning cartographers; however, with a little practice it 1. Depress the touch control button (or equiva-
is no more difficult than reading an engineers scale. lent device) and line up the zero on the circle
Some of the important rules for using the protractor with the zero on the vernier. Release the touch
circle and vernier are: control button. (The protractor will probably
4-10
have an automatic stop which will secure the bearings are always set, on the machine, as though
zero setting.) they were NE bearings (the reciprocal of SW).
2. When set at zero, the horizontal straightedge VO represents vernier zero. The direction of the ar-
should be in a vertical position. If not, loosen row represents the proper side of vernier readings,
the wing nut and align the straightedge as close when turning bearings in that quadrant.
as possible to the chosen meridian. Tighten the
wing nut.
Often it is simpler to establish an east-west paral-
lel (or base line). By doing this it is not necessary
to rotate the horizontal straightedge to a vertical
position.
3. Loosen the base-line lever and align the straight-
edge to the meridian (or east-west base line).
Tighten the base-line lever.
On some drafting machines step 3 can be elimi-
nated by carefully aligning the machine at step 2.
You are now ready to set the bearing (N 7143E)
on the protractor.
4. Depress the touch control button and set the pro- VO represents vernier zero.
tractor in the proper quadrant (in this case, the The direction of the arrow
NE quadrant, or between zero degrees north and represents the proper side of
ninety degrees east). vernier readings, when turning
5. With the touch control button still depressed, set bearings in that quadrant.
the 71 reading on the circle, with the zero read- Figure 4-15
ing on the vernier.
By doing this, the straight-edges will not have to be
We know that 43 lies between 30 and 1, so: set to the left of the drafting machine head, which is
6. Move the straightedge in a counterclockwise di- nearly impossible on many machines, and impossible
rection until the 7130 graduation on the circle on others.
Lines up with the zero graduation on the ver- Note: Each manufacturer of drafting machines will
nier. have special names for machine components. For
To set the machine at 7143, we still need an ad- example, the Bruning base-line control lever is called
ditional 13 of arc. a base-line selector on Universal Drafting- Machine
7130 + 13 = 7143 Corp. machines. The Bruning touch control knob is
However, the circle is not graduated to 43 so we and the Bruning wing nut is called a vernier clamp
must use the vernier. by Universal. Regardless of the part name, they are
7. With the touch control button still depressed, located in the same - general location on each ma-
slightly move the straightedge in a counterclock- chine,- and their operation is the same.
wise direction until 13 on the vernier is in line
with the nearest degree graduation on the circle
(in this example, at 78). Release the touch control
button. The bearing is set. PROBLEMS & ERRORS
8. Check your setting before plotting the line.
Many direction problems and errors are not due to
Remember, the knowledge of direction, angles,
poor surveys. If angles and bearings do not fall in
azimuths and bearings will be worthless if you do not
place with common lines on a map, the first step to
exercise care when setting the protractor.
solving the problem is to carefully retrace your steps
The best method of practicing machine protractor in plotting. In many instances it is the cartographer
settings is to practice setting the machine on lines of who has made the error, not the surveyor. Problems
known bearings on an existing map. and errors could be the result of any of the follow-
ing:
Figure 4-15 illustrates one very important rule: NW
bearings are always set, on the machine, as if they 1. Transposition of bearings or dimensions from a
were SE bearings (the reciprocal of NW); and SW survey to a map.
4-11
2. Careless setting of the drafting machine protrac- 8. Failure to recognize surveys where assumed me-
tor, or parallax. ridians have been used by the surveyor. Often,
3. Erroneous linear measurements. Many times it certain lines are assumed to be based on geodetic
is the mismeasurement of distances that create north, when actually they are not. The assumed
bearing and angle problems. meridian is usually a product of the laymen,
4. Failure to check drafting machine settings. rather than the professional surveyor.
5. Loose straightedge. 9. Failure to orient lines to known lines of accuracy.
6. Paper not firmly attached to drafting table sur- And, of course, some lines plotted from surveys ap-
face. pear to be incorrect when, in fact, they are correct.
7. Accumulative plotting errors. (A very common For example, many overlaps appear to be the result
problem when plotting by bearings and angles. of incorrect bearings when actually the overlap exists
The accumulative errors can be virtually elimi- on the ground. This problem will be discussed else-
nated by plotting by coordinates.) where in the manual.
4-12
5
CHAPTER
U.S RECTANGULAR
SURVEY SYSTEM
5-1
5-2
Introduction specting the public lands of the U.S.; which included
the surveying of the public lands. In 1946 the G.L.O.
was abolished and absorbed into the newly created
The system of rectangular townships, six miles square, Bureau of Land Management.
and consisting of thirty-six one square mile sections,
is technically called the system of rectangular surveys. It The rules and regulations were established in 1785
is also referred to as the surveys of the public lands of the and have been continuously revised to the present.
U.S., or Government Land Office surveys. Detailed regulations were printed in the Manuals of
1855, 1881, 1890, 1894, 1902, 1930, 1947, and 1973.
The state standard cadastral map system is refer-
enced to the system of rectangular surveys. The After admission of the States into the Union, the U.S.
map areas, numbers, tax lot numbers and scales continued to hold title and administer the laws to un-
are directly tied to the rectangular survey. The tie is appropriated lands. Various enabling acts provided
essential because the rectangular survey is the refer- that the title to unappropriated lands within each
ence base for nearly all deeds, surveys, plats, and State shall remain in the U.S. Congress alone has the
assessment records. power, derived from article IV, section 3, of the U.S.
Constitution, of disposing of the public domain. It is a
When preparing, installing or maintaining a cadas- well-settled principle of law that the U.S., through the
tral map system, hardly a day will go by that the Department of Interior, has the authority and duty to
cartographer isnt working with some element of the extend surveys to include lands erroneously omitted
rectangular survey system. It is, therefore, essential
from earlier surveys.
that each cartographer be well versed in the prin-
ciples of that system.
This chapter is devoted to the key principles, laws

Navigable Waters
and problems related to the system. The methods
of survey not related to cartography have been pur-
The beds of navigable waters are not public domain
posely omitted; however, if you wish to pursue the
and are not subject to survey and disposal by the U.S.;
technical survey requirements, we recommend read-
the sovereignty is in the individual States. Under U.S.
ing the 1973 BLM Manual of Instructions on the Survey
law the navigable waters have always been, and shall
of the Public Lands of the U.S.1
always be a common highway. This includes all tide-
water streams whose natural and normal condition,
Brief History at the date of admission of the State into the Union,
was such as to classify the same as navigable water.
(See navigable river, navigable stream, navigable in fact,
In the Colonial States and other New England and navigable waters of the U.S. and test of navigability in
Atlantic Coast States (except Florida), and later West the glossary.)
Virginia, Kentucky, Tennessee and Texas, the only
system used to describe properties was the metes and
bounds method. Swamp and
As the country began to expand, it became necessary to Overflowed Lands
develop a more uniform system of surveying and de-
scribing government lands being conveyed to citizens.
In the Act of March 12, 1860, (12 U.S. Stat. 3) swamp and
In 1784 the U.S. experimented with several rectangu- overflowed lands were granted to the State of Oregon.
lar survey systems, such as the ten-mile square town-
ship system recommended by Thomas Jefferson. In The provisions of the grant apply to the elevations
April of 1785 Congress approved a seven-mile square situated below the uplands; wherein the lands are of
rectangular survey system, and in May of 1785 the such character that without the construction of levees
law was amended and the six-mile square township or drainage canals the areas would be wet and unfit for
rectangular survey system was adopted. agriculture. The grants apply to all swamp and over-
flowed lands that were unappropriated at the dates
In 1812 the General Land Office (G.L.O.) was created of the granting acts, and whose character at that time
to take charge of all acts and things touching or re- would bring them within the provisions of the grant.
5-3
System of
Rectangular Surveys
General Scheme
According to the laws of the U.S.: (1) the public lands
of the United States shall be divided by lines intersect-
ing true north and south lines at right angles so as to
form townships six miles square; (2) the townships
shall be marked with progressive numbers from the
beginning; (3) the townships shall be subdivided
into 36 sections, each one mile square and containing
640 acres as nearly as may be; and (4) the 36 sections
shall be numbered, respectively, beginning with the
number 1 in the northeast section, and proceeding
west and east alternately through the township with
progressive numbers to and including 36. (R.S. 2395;
43 U.S.C. 751) Figure 5-1
In accordance with the foregoing legal requirements,

the public lands are surveyed under the method on, alternately, to number 36 in the southeast sec-
called the system of rectangular surveys, which em- tion. See figure 5-1.
braces the following procedures: The law also prescribes that (1) the corners marked in
(1) The establishment of independent initial points, public land surveys shall be established as the proper
each to serve as an origin for surveys to be extended corners of sections, or of the subdivision of sections,
in separated localities. which they were intended to designate, and (2) the
boundary lines actually run and marked shall be and
The initial point for Oregon is at geodetic coordi-
nates: remain the proper boundary lines of the sections or
subdivisions for which they were intended, and the
latitude 453111 lengths of these lines as returned shall be held as the
longitude 1224434 true length thereof. (R.S. 2396; 43 U.S.C. 752.)
(2) The survey of principal meridians and base lines, The original corners must stand as the true corners they
originating at the initial point.
were intended to represent, even though not exactly
The principal meridian for Oregon and Washington where professional care might have placed them in the first
is the Willamette Meridian adopted in 1851. instances.
(3) The establishment of guide meridians initiated When compared to subsection (2) above, the last
at base lines, and of standard parallels initiated at the statement sounds contradictory; however, the state-
principal meridians, at intervals short enough to ment is based on a long established principle of law
maintain a workable adherence to the legal definition that the corner as placed in the ground by the original
of the primary unit, the township six miles square.
surveyor is the corner in fact, regardless of where original
(4) The survey of township exteriors within the frame- survey dimensions and bearings might have placed them.
work so established. Townships are numbered to the
north or south commencing with number 1 at the base Principal Meridian
line, and with range numbers to the east or west begin-
ning with number 1 at the principal meridian. The principal meridian, or Willamette Meridian, is to
(5) The subdivision of the townships into 36 sections conform to the geodetic (true) meridian, extending
by running parallel lines through the township from north and south from the initial point. Regular sec-
south to north and from east to west at a distance of tion and section corners are established at intervals of
one mile. The sections are numbered commencing 40 chains, and regular township corners at intervals
with number 1 in the northeast section of the town- of 480 chains. Corners designated as meander corners
ship, proceeding thence west to section 6, thence are established at the intersection of the line with me-
south to section 7, thence east to section 12, and so anderable bodies of water.
5-4
Base Line ing 16 townships bounded by standard lines, show-
ing the coordinate system of numbering townships.
The base line is extended east and west from the initial
Some guide meridians were placed at intervals ex-
point on a true parallel of latitude. Standard quarter
ceeding 24 miles. In this case new governing lines
corners and section corners are established alternately
are established, and these new guide meridians have
at intervals of 40 chains and standard township cor-
names such as Grass Valley Guide Meridian.
ners at intervals of 480 chains. Meander corners are es-
tablished where the tine intersects meanderable bodies
of water. (See Chapter on riparian rights)
Township Exteriors
Standard Parallels The south and the east boundaries of a township are
Standard parallels, also called correction lines, are ex- normally the governing lines of the subdivisional
tended east and west from the Willamette Meridian. surveys. Many previously established exteriors were
defective in one way or another. Errors of former sur-
The parallels were to be run at intervals of 24 miles veys, however, are not to be incorporated into surveys
north and south of the base line; however, some have of abutting townships. Where the defective township
been placed at intervals of 30 and 36 miles. When exterior cannot be used, other controlling lines known
placed at 30 and 36 miles, intermediate correction as sectional correction lines and sectional guide merid-
lines are to be established, to which names, such as ians are employed.
Fifth Auxiliary Standard Parallel North, may be given.
These lines are, in all respects, like regular standard Meridianal Boundaries
parallels.
Whenever practical, township exteriors are surveyed
successively through a quadrangle in ranges of town-
Guide Meridians ships beginning with the townships on the south
(figure 5-2).
Guide meridians are extended north from the base
line, or standard parallels, at intervals of 24 miles east The meridian township boundaries have precedence
and west from the Willamette Meridian. The guide in the order of survey and are run from south to
meridians are terminated at the points of the their north on true meridians. Excesses and deficiencies
intersections with the standard parallels. The guide are placed in the north half-mile.
meridians are to be projected on a geodetic meridian,
and the fractional measurement is placed in the last Latitudinal Boundaries
half mile. Figure 5-2 shows four quadrangles embrac-
The latitudinal township boundary is run first as a
random line, setting temporary corners, on a cardinal
course, from the old toward the new meridian bound-
ary, and is corrected back on a true line if conditions
are ideal. Where both meridian boundaries are new
lines or where both have been established previously,
the random, latitudinal boundary is run from east to
west. In either case, if the defective conditions are not
met with, the random line is corrected back on true
line. Fractional measurements are placed at the last
half-mile.
Figure 5-3 illustrates the regular order of completing
township exteriors. The solid lines represent previ-
ously surveyed lines, and the dash lines represent new
lines surveyed. The arrows represent the direction of
the survey, and double arrows indicate a random line
to be corrected to true (abbrev. C.T.T.).
Remember, exterior township lines are run first; and
exterior section and quarter section corners are run
before the interior is subdivided into sections.
The regular order of completing exteriors is often
Figure 5-2 departed from. The departure from the regular order
5-5
is always based on the principle of accomplishing A random meridian boundary is made the true line
the same relationship of one township boundary to if the falling plus the correction for parallelism of the
another as would result from regular establishment meridian subdivision lines result in calculated bear-
under ideal conditions. Figure 5-4 illustrates some ings (in the northernmost miles of the latter lines in
of the departures to the regular order of completing excess of 14 (fourteen minutes) from cardinal).
exterior boundaries. The solid lines represent previ-
ously surveyed lines, and the dash lines represent The 14 limit for exteriors applies only to the es-
new lines surveyed. An arrow indicates direction of tablishment of new boundaries. If a boundary is
the survey, and double arrows indicate a random line accurate within 21 of cardinal, it is not considered
to be corrected to true. defective.
The township interior (the sections) are to be subdi-
vided after the exterior boundaries are run. Partially Surveyed Exteriors
A random line, run upon the cardinal course, is made Where the end portions of a township exterior have
the true line where the falling would otherwise re- been previously surveyed and fixed in position by
quire a correction exceeding 14 of arc. Where the ran- use, the fractional unsurveyed middle part is com-
dom latitudinal boundary closes on a new meridianal pleted by random and true line without offset, re-
exterior the temporary township corner is adjusted gardless of the deviation from the cardinal direction.
to the latitude of the opposite township corner. But As a general rule, the fractional measurements are
where both meridian boundaries have been previous- placed in the north or west half miles.
ly surveyed, a closing township corner is established
at the point of intersection of the random latitudinal Figure 5-5 (from the BLM Manual) illustrates rep-
line with the meridian boundary, or its projection to resentative cases of incomplete township exteriors,
the north or south as the case may be. showing methods for completion.
5-6
Rectangular Limits The ideal section is allowed to give way to one that is
termed regular. The amounts of variance from regular
The normal township includes 36 sections, only 25 are still considered regular and are referred to as rect-
of which are returned as containing 640 acres each. angular limits.
Sections against the north and west boundaries, ex-
cept section 6, contain regular aliquot parts totaling (1) Alignment. Section boundaries must not exceed
480 acres with four additional fractional lots in each 21 from cardinal, in any part, nor may the op-
section. Section 6 contains regular aliquot parts total- posite (regular) vary more than 21 (21 minutes).
ing 360 acres with seven additional fractional lots. (2) Measurement. The distance between regular cor-
(BLM 1973 Manual) ners are allowed adjustments not to exceed 25 links
5-7
in 40 chains. Township exteriors, or portions of ex-
teriors, are defective when not within above limits. Subdivision of Townships
(3) Position. The corresponding section corners
The boundaries of a township are within satisfac-
upon opposite boundaries are to be so located
tory governing limits for control of the subdivisional
that they may be connected by true lines deviat-
survey when the lines may be theoretically projected
ing no more than 21 from cardinal. from the boundaries without closely approaching the
NOTE: The above limits are not the same as allowable rectangular limits. The danger zone has already been
error of closure. placed at theoretical bearings exceeding 14 from
cardinal, and the corresponding zone in respect to
lengths of lines may be placed at theoretical adjust-
Defective Township Exteriors
ments exceeding 33 links per mile.
Township boundaries already established may be de-
fective in alignment, measurement or position. Meridianal Section Lines
The position of the new exteriors, or of corners set These lines have precedence in the order of survey.
on defective township boundaries in the new survey, They are initiated at the section corners on the south
must be established by an actual rerunning of the township boundary and are run north parallel to
lines. Data acquired in surveying subdivisional lines the governing east boundary. Meridian lines are
closing upon a defective exterior is not acceptable in numbered counting from the east and are surveyed
lieu of retracement or resurvey. successively in the same order. Regular 14 section and
section corners are established at intervals of 40 and
The south boundary of a township is regularly the 80 chains as far as the northernmost interior corner.3
governing latitudinal boundary. If the south boundary
The last mile of a meridianal line is continued as a
is defective, a sectional correction line is required.
random line, each successive random line being par-
The east boundary of a township is regularly the gov- allel to the true east boundary on a section to which
erning meridian boundary. If defective, a sectional it belongs the random line is then corrected
guide meridian is required. to a true line and permanently establishing the
quarter-section corner on the true line at a distance of
New east and south boundaries of a township be- 40 chains from the south, placing the fractional mea-
came the closing meridian and latitudinal boundaries surement in the north half mile.
of the townships to the east and south respectively.
Where the north boundary of the township is a base
Where the previously established north or west line or standard parallel, the last miles of the meridi-
boundaries are defective in measurement or position anal section lines are continued as true lines parallel to
and subdivisional surveys have been initiated from the east boundary of the township. At 40 chains from
them, the original corners are changed only to refer the south 14 corners are established, closing corners are
to sections to the north or west. established at the points of intersection with the north
boundary. New 14 section corners are established
Closing section corners are established when sub- at mean distances between closing corners, or at 40
dividing. New 14 corners are placed on the old line chains from one direction, depending on the plan of
at mean distances between section corners, or at 40 the subdivision of the section.
chains from one direction, depending on the plan of
the subdivision of the section. Where the previously Latitudinal Section Lines
established north or west boundaries are defective in
The latitudinal section lines, except in the west range
alignment, but not in measurement or position, no
of sections, are normally run on random lines from
changes are required.
west to east, parallel to the south boundaries of the
Figures 5-6 through 5-8 illustrate the guiding princi- respective sections.
ples involved in establishing new governing bound- In the west range of sections, the random latitudinal
aries where previous exteriors are defective. Each section lines are run from east to west, parallel to the
diagram illustrates a simple condition affecting one south boundaries of the respective sections. Perma-
boundary only, and examples are taken only from nent 14 section corners are established on the true lines
regular orders of procedure. The same procedures at 40 chains from the east, placing the fractional mea-
hold true under irregular order. surements in the west half miles.
5-8
Accumulated Error The sections adjoining the south boundary of the
township are not regular unless the meridianal lines
Error in the alignment of the meridianal section lines are established at 80 chains in length, and the sections
is taken up in part in the measurement of latitudinal are otherwise in conformity with the usual rectangu-
lines, which must be within 50 links of 80 chains in lar limits.
length, except in the west range of sections where the
convergency of the meridianal lines is provided for. Closing Section Lines
The accumulated error in alignment for the five miles
Guide meridians are closed against standard parallels.
of true meridianal line is taken up in the sixth mile,
Township and section lines are closed on standard
which is run random and true. Here the true line
parallels. Both township and section lines may be
must be within 21 of cardinal. Accumulated error in made closing lines to maintain rectangularity. A dif-
measurement in running north is placed in the last ferent type of closing line occurs where the lines cross
half fractional mile. Here the meridianal distance is or close on boundaries of reservations, grants, State
checked by a calculated closing around the last sec- boundaries, or the lines of various kinds of claims.
tion, and the latitudinal error must not exceed 25
Closing corners are normally established at inter-
links to come within limits of closure. Limit of rect-
sections with a surveyed reservation, grant or State
angularity will be exceeded if the accumulated error
boundary.
is greater than 312 in alignment or 813 links per mile
in measurement. Quarter-section corners are established between
closing corners for sections closing on reservation or
Figure 5-8 shows sectional guide meridians to be grant boundary.
used when the east exterior is defective.
The BLM normally does not locate quarter-section
Figure 5-9 shows the proper sequence of numbers on corners on state lines since they do not have the au-
section line when the normal order of subdividing is thority to survey state boundaries.
adhered to.
Closing corners are not set at the intersection with
the line of a surveyed mineral claim, forest home-
Summary stead claim, small holding claim, or the like; unless
required to provide an interval of monumentation of
The object of the BLM rules is to secure the maximum
one-half mile or less.
number of normal sections. The sections adjoining the
east boundary are regular if they conform with the usu- Where a section line or township line crosses a sur-
al rectangular limits. In this case, 14 corners are placed veyed claim, the bearing of the intersected claim line
on latitudinal section lines at midpoint. and the distance to the nearest corner are determined
and noted (on the plat).
Remember, the accuracy of lotting in the section is de-
pendent on the accuracy of the claim location. All bear-
ings, distances and ties should be used by the cartogra-
pher to obtain accurate claim-section relationships.
Subdivision of Sections
Revised statutes, secs. 2396, 2397 (43 U.S.C. 752 and
753), contain fundamental provisions for the subdivi-
sion of sections into 14 and 14 14 sections. The sections
are not subdivided by G.L.O. or B.L.M. unless provi-
sion is made in special instructions; however, certain
subdivision-of-section lines are always protracted
upon the official plat.
Under the general land laws, the unit of administration
is the 14 14 section of 40 acres.
Lands, by rectangular survey, are identified on the
ground by fixed monuments (not to be moved, altered,
Figure 5-9 destroyed) established in the survey. A U.S. patent con-
5-9
veys title to an area defined by those fixed monuments, and
related by description and outlined to the official plat.
It is the responsibility of the local surveyor to identify
lands which have passed into private ownership. The
B.L.M. assumes no responsibility, control, or direc-
tion over the acts of local and county surveyors in
the matter of the subdivision of sections where lands
have passed into private ownership.
Subdivision by Protraction
The sections bordering the north or west boundary
of a township, excepting section 6, are further subdi-
vided by protraction into parts containing two regular
half-quarter sections and four lots.
Section 6 has lots protracted against both the north
and west boundaries, and so contains two regular half
quarter sections, one 14 14 section and seven lots.
The lots are numbered in a regular series progressively
from east to west or from north to south in each section.
Regular 14 14 sections are aliquot parts of 14 sections
based on midpoint protraction. Figure 5-10
Sections which are invaded by meanderable bodies

of water, or by approved claims at variance with the
regular legal subdivisions, are subdivided by pro-
traction into regular and fractional parts.
The subdivision-of-section lines are to be terminated at
a meander line or claim boundary (but the position of
the sub-division-of-section lines is controlled precisely
as though the section had been completed regularly).
In the case where a section, whose boundary lines
are in part within the limits of a meanderable body of
water or within the boundaries of a private claim, the
fractional section lines are completed in theory (as if
the section where normal); and the protracted posi-
tion of the lines is controlled by the theoretical points Figure 5-11
so determined.
Figures 5-10 through 5-12 illustrate the subdivisions
of sections and examples of subdivisions by protrac-
tion. Figures 5-13A through 5-13F illustrate subdivi-
sions of fractional sections. M.P. means mid-point.
When the length or width of a township exceeds 480
chains to such an extent as to require two or more
tiers of lots adjoining the north or west boundary, the
past practice has been to lot all of the area beyond the
regular legal subdivision as shown in figure 5-14. In
Oregon, some sections will have as many as 60 lots in
a section. (See figure 5-15).
In order to avoid confusions of descriptions, lotting
is usually extended throughout the fractional half of
the section, such as section 6 of T.32S. R.42E W.M. in Figure 5-12
Malheur County (figure 5-15).
5-10
Figure 5-13
5-11
In modern practice, sections in excess of 120 chains are
avoided by creation of half-townships or half-ranges.
This cannot, however, be done with interior sections.
Subdivision of Sections
into 14 Sections
To subdivide a section into 14 sections, run straight
lines from the established 14 section corners in a
straight line to the opposite 14 section corners. The
point of intersection of these centerlines or 14 lines will
be the corner common to the several 14 sections, or the
legal center of the section.
Subdivision of Fractional Sections

The law provides that where opposite corresponding
14 section corners have not been or cannot be fixed,
the subdivision-of-section lines shall be ascertained
by running from the established corners north, south,
east or west, as the case may be, to the water course,
reservation line, or other boundary of the fractional
section, as represented upon the official plat.
Figure 5-14
The law presumes that the section lines are due north
and south, or east and west lines; but usually this is not
the case. Hence, in order to carry out the spirit of the law,
it will be necessary in running the center lines through
fractional sections; to adopt mean courses where the
section lines are not geodetic; or to run parallel to the
east, south, west or north boundary of the section, as
conditions may require.
Subdivision of Quarter Sections

Preliminary to the subdivision of 14 sections, the 14 14
(116 section) corners will be established midway (half-
way) between the section and 14 section corners and
between the 14 section corners and the center of sec-
tion, except on the last half mile of the lines closing on
township boundaries, where they should be placed at
20 chains, proportionate measure, counting from the
regular 14 section corner. Figure 5-15
The 14 14 (116 section) corners having been established

as directed above, the center lines of the 14 section
will be run straight between opposite corresponding
14 14 corners on the 14 section boundaries. The inter-
section of the lines thus run will determine the legal or other irregular boundary which renders such sec-
tions fractional.
center of a 14 section.
Reasonable discrepancies between former and new
Subdivision of Fractional Sections measurements may generally be expected when
retracing the section boundaries. The shortage or
The subdivision of fractional 14 sections will be run surplus is distributed by proportion in establishing a
from properly established 14 14 corners, with courses 1
16 corner, or 14 14 corner. In this manner the discrep-
governed by the conditions represented upon the ancies between original and new measurements are
official plat, to the lake, water course, reservation equitably distributed. See figure 5-13.
5-12
Figure 5-16
Example of subdivision by survey showing relation of official measurements and calculated distances to
remeasurements, and indicating proportional distribution of differences.
(BLM Manual)
5-13
Summary meandered if more than 3 chains in width, but when
non-navigable are not meandered when less than 3
It is emphasized that when entrymen4 have acquired chains wide.
title to certain legal subdivisions, they have become
owners of the identical ground area represented by Lakes
the corners established on the ground, which should
conform to the official plat. All lakes of the area of 50 acres and upward are me-
A private survey made for the purpose of marking on andered.
the ground a theoretical line, platted but not run by
the U.S., where executed within allowable departure Islands
from geodetic course, and relied upon by owner un-
der title passed by the U.S. in the placing of improve- Every island above the mean high water elevation
ments on the patented land, will not be disturbed, of any meanderable body of water, except islands
but it will be adopted by the U.S. as a boundary for formed in navigable bodies of water after the date of
closure of the survey of the adjoining public land. admission of Oregon into the Union, is meandered and
(Algoma Lbr. Co. v. Kruger, 50 L.D. 402 (1923)) shown on the plat.
Even though the U.S. has parted with its title to the
Meandering adjoining mainland, an island in a meandered body
The traverse of the margin of a permanent natural of water, navigable or non-navigable, in continuous
body is termed a meander line. All navigable bodies existence since the date of the admission of Oregon
of water and other important rivers and lakes are seg- to the Union, and omitted from the original survey,
regated from the public lands at mean-water eleva- remains public land of the U.S.
tion (see glossary). In the original surveys, meander
lines are run for the purpose of ascertaining the quantity of
land remaining after the segregation of water areas. Resurveys in Brief
Numerous decisions in the U.S. Supreme Court as-
A resurvey is a reconstruction of land boundaries
sert the principle that meander lines are not boundaries
defining the area of ownership of lands adjacent to the and subdivisions accomplished by re-running and
water. The general rule is that meander lines are run not re-marking the lines represented in the original field
as boundaries, but to define the sinuosities of the banks of notes and plat.
a stream or other body of water, and as a means of ascer- Government resurveys involve considerations of a
taining the quantity of land embraced in the survey; the different character from those relating to original sur-
stream, or other body of water, and not the meander line, is veys. The object is two-fold: First, the adequate pro-
the boundary. (See Chapter 10) tection of existing rights acquired under the original
Meander lines will not be established at the segrega- survey; and second, the proper marking of boundar-
tion line between upland and swamp or overflowed ies on remaining public lands.
land, but at the ordinary high-water mark of the ac-
tual margin of the lake or river. Dependent Resurveys
Rivers A dependent resurvey is a retracement and re-establish-
ment of the lines of the original survey in their true
Facing downstream, the bank on the left hand is original positions according to the best available evi-
termed the left bank and that on the right hand is dence of the positions of the original corners.
termed the right bank.
By law, and in fact, lands contained in a certain sec-
Navigable rivers and bayous, as well as non-navigation of the original survey, and lands contained in
ble rivers which have a right angle width of 3 chains the corresponding section of a dependent resurvey are
and upwards, are meandered on both banks, at the identical.
ordinary mean high-water mark.
Shallow streams and intermittent streams without Independent Resurvey
well-defined channel or banks are not meandered,
even when more than 3 chains wide. Tidewater An independent resurvey is the establishment of new
streams are meandered at ordinary mean high tide as section lines and often new township lines, indepen-
far as navigable even when less than 3 chains wide. dent of and without reference to the corners of the
Tidewater inlets and bayous are recorded and are original survey.
5-14
In the independent resurvey boundaries of patented
lands which are not identical with those of the resur- Special Surveys of the U.S.
vey must be preserved.
Special Surveys are surveys that involve unusual ap-
Retracement plications of, or departures from, the rectangular sur-
vey system. They often carry provisions of a special
A retracement is a survey that is made to ascertain the legislative act. Special surveys include surveys of
direction and length of lines and to identify monu- tracts or lots, special subdivision of sections, metes
ments and marks of an established prior survey. and bounds surveys, and townsite surveys.
Jurisdiction Tract or Lot Surveys

Special surveys may involve areas of land that are not
The Act of March 3, 1909 (35 Stat. 845), as amended
aliquot parts of sections but are designated as tracts
June 25, 1910 (36 Stat. 885); 43 U.S.C. 772 authorized or lots. In common usage the term tract is applied
the Secretary of the Interior to make resurveys. to an expanse of land of no, particular size, often
The Act of September 21, 1918 (40 Stat. 965 43 U.S.C. irregular in form. As regards the rectangular survey
a tract usually ties in one or more sections and can-
773), provided authority for resurvey of townships in
not be identified with any particular section, such
which disposals exceed 50% of the total area. as donation land claims. Tracts within a township are
The Act of July 14, 1960 (43 U.S.C. 1364), authorized numbered beginning with 37 or the next highest un-
the Secretary of Interior to accept contributions for used numerical designation to avoid confusion with
section numbers.
cadastral surveys performed on federally controlled
or intermingled lands.
Subdivision of SectionsSpecial
The B.L.M. has exclusive jurisdiction over all matters
pertaining to surveys and resurveys affecting public Special surveys of subdivisions of sections include
Indian allotment surveys, subdivisions within recla-
lands. As between owners of patented lands, final
mation projects, the determination of boundaries be-
determination in the matter of fixing the position of
tween intermingled public and patented lands within
disputed land boundaries rests with local courts of a section, the subdivision of sections into small tracts,
competent jurisdiction. and various fragmentary surveys.
If a section is subdivided, the center 14 section cor-
Bona Fide Rights of Claimants ner is established and monumented. If a 14 section
The Act of March 3, 1909 (35 Stat. 845), as amended is subdivided, all 1/16 corners are established and
monumented.
June 25, 1910 (36 Stat. 884; 43 U.S.C. 772) reads in
part as:
Metes and Bounds Surveys
That no such resurvey or retracement shall be so executed
Metes and bounds surveys are required to define
as to impair the bona fide rights of claimants, entrymen, or
the boundaries of irregular areas of land, which are
owners or land affected by such resurvey or retracement.
not conformable to legal subdivisions. This type of
The rights of claimants are to be similarly protected survey may involve mineral claims, small-holding
under the provisions of the Act of September 21, 1918 claims, private land grants, forest-entry claims, na-
(40 Stat. 965; 43 U.S.C. 773). tional parks and monuments, Indian reservations,
lighthouse reservations, trade and manufacturing
Bona fide rights are those acquired in good faith under sites, homestead claims in Alaska, or the like.
the law. Metes and bounds surveys located upon surveyed
When a resurvey plat does not show new lot acreages lands are usually connected to rectangular survey
the original lot acreages must be used. This normally corners.
occurs on private lands, and the acres are not changed
because of the principle of the protection of bona fide
Townsite Surveys
rights; because the original acreage is the patented U.S.R.S. 2380 and 2381 (43 U.S.C. 711, 712) and nu-
acreage; and possibly because the original acreage is merous special acts make provisions for the executive
within tolerable limits. withdrawal of public lands for townsite purposes.
5-15
A townsite survey, in public-land surveying practice, Mineral Segregation Surveys
is a survey made within one or more regular units
of the township subdivision by which the land is di- A mineral segregation survey is metes and bounds sur-
vey made to define the limits of non-mineral public
vided into blocks, streets and alleys as a basis for the
land adjoining one or more mining claims and to
disposal of title in village or town lots. supply data for lotting the non-mineral land against
the claim.
Townsite surveys fall into two general classes: those
with few or no prior improvements and those where Mine Surveys
villages or towns already exist.
This class of survey is important in connection with
In the typical U.S. surveyed townsite, the block di- the leasing of mineral lands, particularly coal lands.
mensions are usually between 300 and 400 feet. The The field work usually consists of a dependent resur-
principal streets are usually made 80 feet in width, vey and partial subdivision of the section or sections
though frequently as much as 100 feet where greater involved, a traverse of the main entries to the mine
with ties to the portals and improvements, and the
width is called for. Less important intersecting
marking of the section and subdivision of section
streets, though narrower, are seldom given a width lines within the mine which divide private and pub-
of less than 60 feet. (1973 BLM. Manual of Surveying lic ownership.
Instructions 7-20, p. 162.)
The normal frontage of lots is 50 feet. Unless condi- B.L.M. Policy on

tions require a special plan, the whole system is laid
out on cardinal. (BLM Manual.) Area Computation
According to subsection 9-24 (p. 195) of the U.S.
Small Tract Surveys B.L.M. Manual of Surveying Instructions, The de-
ficiency in area which results from the convergence
The Act of June 1, 1938 (52 Stat. 609), as amended by
of meridians is placed normally in the fractional lots
the Act of June 8, 1954 (68 Stat. 239; 43 U.S.C. 682a), adjoining the west boundary of the township. Sec-
provides for the sale or lease of small tracts not ex- tions 7, 18, 19, 30 and 31 each usually contains 1 to 4,
ceeding five acres. inclusive, whose meridianal dimensions are all even
5-16
20.00 chains; the dimensions of the latitudinal bound-
Lot 1 Lot 2
aries of these lots are computed proportionally from
the fractional measurements ascertained on the sec- E. Dim. 20.05 chs. 20.037 chs.
tion lines. The area, in acres of each government lot is
W. Dim. 20.037 chs. 20.024 chs.
then found simply by adding the lengths, in chains,
of its north and south boundaries. 40.087 40.061
40.09 acres 40.06 acres
For example, taking section 30 (figure 5-17) the di-
mensions of latitudinal boundaries and the areas are
found as follows: Lot 3
Lot 1 Lot 2 E. Dim. 20.024 chs.

W. Dim. 20.011 chs.
N. Dim. 18.21 chs. 18.245 chs.
40.035
S. Dim. 18.245 chs. 18.28 chs.
40.03(+) acres
36.455 36.525
36.45(+) acres 36.53(-) acres Lot 4
E. Dim. 20.011 chs.

Lot 3 Lot 4
W. Dim. 20.000 chs.
N. Dim. 18.28 chs. 18.315 chs.
20.005 mean
S. Dim. 18.315 chs. 18.35 chs.
36.595 36.665
N. Dim. 17.75 chs.
36.59(+) acres 36.67(-) acres
S. Dim. 17.78 chs.
The areas of lots 5, 6 and 7, section 6, are ascertained
similarly, making due allowance, when calculating 17.765 mean
the length of the north boundary of lot 5, for any ma- 2.0005 x 17.765 = 35.539 acres
terial variation from 20.00 chains in the meridianal 35.54 acres
dimension. (figure 5-18.)
The surplus, or deficiency in area, which results from Lot 5 Lot 6
the discrepancy in the meridianal measurements be-
tween the exterior boundaries and the subdivisional N. Dim. 17.78 chs. 17.81 chs.
lines is placed normally in the fractional lots adjoin- S. Dim. 17.81 chs. 17.84 chs.
ing the north boundary of the township. Sections 1 35.59 acres 35.65 acres
through 5 each usually contains lots 1 through 4,
whose dimensions on their latitudinal boundaries
Lot 7
are all treated as an even 20.00 chains; the meridianal
dimensions of these lots and their areas are computed N. Dim. 17.84 chs.
on the plan for computing fractional lots adjoining S. Dim. 17.87 chs.
the west boundary of the township.
35.71 chs.
The areas of lots 1, 2 and 3, section 6 (figure 5-18), are
In irregular sections and in sections which are in-
ascertained similarly, making due allowance when vaded by meanderable bodies of water, or by lines
calculating the length of the west boundary of lot of segregation, the center lines of the section and the
3, for the departure across lot 4, where more or less center lines of each quarter section in turn are given
than 20.00 chains. The area of lot 4, section 6, in acres calculated values based upon the balanced field clos-
equals the product of its mean dimensions in chains, ing sheets. Points of intersection of the center lines
divided by 10. with the meander lines or other lines of segregation
are then computed in order to complete the bound-
The following is an example of ascertaining the areas aries of each fractional lot. With the results of these
of the fractional lots in section 6 (figure 5-18): computations at hand the area of each fractional lot
5-17
may be most readily computed by the method of The computation of lot 4 of section 18, in figure 5-19,
double meridian distances.5 is shown in figure 5-20.
For example, to compute the area of Diamond Rock Knowing how the U.S. acreages were computed will
(lot 4) in Section 18 (figure 5-19) use the following be helpful when confronted with illegible acreage
procedures: figures on photocopies of the U.S. survey plats. If the
1. To compute an area by double meridian distance, preceding computations are followed, the acreage of
the closing error of the figure is eliminated, or the any lot can be confirmed.
traverse of its boundary is balanced, by the most On standard lots (uninterrupted by special survey
applicable rule (see Chapter 9). lines such as meanders, mineral survey, townsite sur-
2. The double meridian distances (D.M.D.s) of the veys, etc.) the U.S. acreage is official. For example, the
several courses are computed by: U.S. patented acreage (36.53) of lot 2 in sec. 30 (figure
5-17) is official. If the land is in private ownership,
a. The D.M.D. of the first course equals the de-
even a government survey cannot change the lot
parture, or the increment in easting or west-
acreage. The only way the lot acreage can be changed
ing, of the course itself.
(assuming it is in U.S. ownership and not private)
b. The D.M.D. of the second course, and each would be by a resurvey.
succeeding course in turn, is ascertained by
The same is true of the areas of sections designated
taking, the D.M.D. of the preceding course,
plus the departure of the preceding course, as 20.00 acres, 40.00 acres, 80.00 acres, 160.00 acres,
plus the departure of the course itself. 640.00 acres, etc. If the lands are in private ownership,
the patent acreage stands. B.L.M. attorneys advise
c. The D.M.D. of the last course is numerically against changing the patent acres; unless, of course,
equal to its departure, but with opposite sign,
thus verifying the value of each preceding
D.M.D.
3. For convenience in making the computations, the
differences in
( } { }
latitude
departure
to the
north
east
are treated as of positive sign;
{ }
to the
south
west
as of negative sign.
4. The point of beginning is taken at the western-

most salient of the figure and the direction of the
traverse is run counterclockwise. On this plan
each D.M.D. and the algebraic sign of the final
results are positive.
5. Multiply the latitude of each course by the
D.M.D. of the course. The positive products are
arranged in a column for north areas; the nega-
tive products in a column for south areas.
6. The sum of the negative products is subtracted
from the sum of the positive products.
7. The area, corresponding to the unit of measure-
ment that is employed, is ascertained by taking
one-half the last result.
8. Where the unit of measurement is the chain (as
in the example of figure 5-19, and the computa-
tions of figure 5-20), the area in square chains is Figure 5-19
divided by 10 to give the area in acres.
5-18
the area in question is occupied by many parcels (i.e., PRINCIPLE: Meander lines are not run as boundaries,
urban lands, small rural parcels, suburban parcels, but to define the sinuosities of the banks of a stream of
etc.). The Department of Revenue, however, recom- other body of water, and as a means of ascertaining the
mends changing the area of a section if: quantity of land embraced in the survey; THE STREAM,
OR OTHER BODY OF WATER, AND NOT THE ME-
1. The owner requests the change;6 and ANDER LINE, IS THE BOUNDARY.7
2. he supplies a registered survey (that is - one ex- In other wordsthe meander line does not mark or
ecuted by a registered Oregon Land Surveyor or limit the ownership boundary; therefore,
Registered Engineer; stamped with the official PRINCIPLE: The acreages of meandered lots are the
seal of the surveyor or engineer; and, signed by quantities of land remaining after the US. Survey segrega-
the surveyor or engineer); tion of water areas. They are not ownership acreages and,
therefore, are not the assessable acreages. The assessable
3. and, the acreage of the registered survey is correct. acreages are ascertained by computing acreages to the
NEVER CHANGE A PATENT ACREAGE TO COR- mean high water mark (navigable rivers); to the center of
non-navigable streams; or other legal riparian boundaries.
RESPOND WITH ACREAGE DERIVED DIRECTLY
(See Chapter 10 on Riparian Rights.)
FROM AERIAL PHOTOS. Such areas would seldom
be accepted by the courts. Areas of Lots on Resurvey Plats
The lots bordering meanders are not as sacred as
Where lots have been alienated (by the U.S.) subse-
those we have just discussed. Although the acreage quent to the former subdivision of the U.S. survey,
of the lots should not be changed, the assessable acre- the lotting will not be changed by the resurvey. In
age of the lot owner will seldom be identical to the lot such cases, the G.L.O. (or B.L.M.) plat will carry a no-
acreage. This policy is based on two principles: tation that refers to the lottings of the previous plat:
5-19
U.S. plat represents a dependent resurvey of the original monuments usually are tied to geodetic coordinates
township boundary and subdivisional lines designed to re- and can therefore be tied to state plane coordinates.
store the corners in their true original locations according
When plotting large groups of claims, the best
to the best available evidence.
procedure is to locate the mineral monuments and
Except as indicated hereon, the lottings and areas are as the claim and section corners to those monuments.
shown on the plat (or plats) approved (date or dates of for- The plats of claims usually show ties to corners of
mer survey plat or plats). overlapping or adjacent claims; these ties should be
closely adhered to in cadastral mapping.
The reference to modified lottings or areas is omitted
when there are no exceptions.
On plats of dependent resurveys the areas of the sub- Annotations
divisions are shown only in those exceptional cases
where the differences between the actual quantity of Navajo Co. v. Apache Co., 26 Ariz. 74, 721 Pac. 837:
the vacant subdivisions, as found by resurvey, and
the former area, as returned on the original approved If all the corners marked in the surveys, returned by the sur-
plat, are so great as to warrant revision. According to veyor general, are established as proper corners of sections,
the U.S. regulations in that case the question of a re- or subdivisions of sections, which they were intended to des-
vision rests upon the element of quantity rather than ignate, the corners of half and quarter sections, not marked
upon that of distortion. For practical purposes a varia- on the surveys, are placed as nearly as possible equi-distant
tion of 2.00 acres to the quarter-quarter section has from two corners which stand on the same line.
been found advisable before making a change.8 A Poleske v. Jones, 192 Iowa 1015, 185 N.W. 917:
new lot number and area are assigned to each vacant
subdivision (not alienated) which is to be revised. Centers of sections cannot be ascertained by running a
line, (on a cardinal) directly south from the 14 section
Remember the acreages of alienated lots cannot be corner on the north line, and marking off 160 rods on such
revised in the resurvey. If alienated lot acreage is line. The lines must be run from 14 section corner to 14 sec-
revised, U.S. records should be checked to see if a tion corner, and the legal center of the section is placed at
patent was issued. In most cases where it appeared the intersection of these lines.
as though alienated lot acreages were being changed,
research revealed the lots to actually be in U.S. own- Barringer v. Davis, 141 Iowa 419, 120 N.W. 65:
ershipnot private ownership. A government survey, even though incorrect, is conclusive
An exception is sometimes made to the 2-acre mini- where there is a controversy between persons asserting
mum where it is shown that more exact acreage is conflicting claims under grants or parents based on such
needed for proper management of U.S. lands. survey.
Greer v. Squire, 9. Wash. 359, 37 Pac. 545:
Mineral Surveys Corners shown to have been originally set by U.S. survey-
ors are conclusive and must be accepted as the true corners,
no matter how inaccurately they may have been originally
Mineral surveys are made to mark the legal boundar-
established.
ies of mineral deposits or ore-bearing formations on
the public domain, where the boundaries are deter- Hubbard v. Dusy, 80 Cal. 281, 22 Pac. 214:
mined by lines other than the normal subdivision of
Where it is doubtful which of two lines or monuments is the
the public lands.
true government line, that one is to be so considered which
Each survey is given but one number. A location more nearly conforms to the U.S. field notes (or plat).
under the mining laws can legally be made only of
The following ruling is very important to cadastral
a tract or piece of land embraced within one set of
cartography.
boundary lines.
Goodman v. Myrick, 5 Ore. 65; Van Dusen v. Shively,
The position of the official survey upon the ground is
22 Ore. 64, 29 Pac. 76:
fixed by ties to corners of the public survey or min-
eral location monument (M.M.). In either case, the Where there is a discrepancy in a government survey, be-
corner must be within two miles of the claim. tween the monument and the distances given in the field
notes (or on the plat), the monuments will control
Mineral location monuments are usually located at a
point, visible in every direction, where the permanen- In Hall v. Tanner, 4 Pa. 244, 45 Am. Dec. 686, it was
cy of the monument will not be endangered. Mineral said:
5-20
It has ever been held that the marks on the ground con- . . .I would suggest assessors remain aloof from contro-
stitute the survey. The courses and distances are only evi- versies involving title and boundaries until such time as
dence of the survey. the conflict is resolved between the parties in interest.
Henrie v. Hyer, 92 Utah 530, 70 Pac. (2d) 154: ORS 307.080 MINING CLAIMS
Official government surveys are not open to attack between Except for the improvements, machinery and buildings
private parties in boundary disputes. thereon, mining claims are exempt from taxation prior to
Vaught v. McClymond, 116 Mont. 542, 155 Pac. (2d) obtaining a patent therefor from the United States.
612: Lee Wilson & Co. v. United States, 245 U.S. 24:
Errors in U.S. surveys cannot be corrected by the courts First. Where, in a survey of the public domain a body of
since such surveys create boundaries and do not merely water or lake is found to exist and is meandered, the result
ascertain them. of such meander is to exclude the area from the survey and
Wing v. Wallace, 42 Idaho 430, 246 Pac. 8: to cause it as thus separated to become subject to the ripar-
ian rights of the respective owners abutting on the meander
A resurvey does not affect the rights previously vested Its
line in accordance with the laws of the several states. Har-
purpose is to ascertain the lines of the original survey with-
din v. Jordan, 140 US. 371; Kean v. Calumet Canal Co.,
out regard to their correctness.
190 U.S. 452, 459; Hardin Y. Shedd, 190 U.S. 508, 519.
Fegtly, Historical Development of Land Surveys, 38
111. L. Rev. 220: Second. But where upon the assumption of the existence
of a body of water or lake, a meander line is through fraud
Lines established by official surveys control over those or error mistakenly run because there is no such body of
made by private parties. water, riparian rights do not attach because in the nature of
Goff v. Avent, 122 Miss. 86, 84 So. 134: things the condition upon which they depend does not exist
and upon discovery of the mistake it is within the power
If a deed description is by rectangular survey section num- of the Land Department of the United States to deal with
bers, the land conveyed is such as it physically exists on the
the area which was excluded from the survey, to cause it to
ground, the original government corners and lines being
be surveyed and to lawfully dispose of it. Miles v. Cedar
such sections true and only boundaries.
Point Club, 175 U.S. 300; French-Glenn Livestock Co. v.
R.L.C. (1939) Subsection 1022. Single and double pro- Springer, 185 U.S. 47; Security Land & Exploration Co.
portionate measurement, post, subsection 384, 385. v. Burns, 193 U.S. 167; Chapman & Dewey Lbr. Co. v. St.
A proportionate measurement is one that gives concor- Francis Levee District, 232 US. 186.
dant relation between all parts of the line . . . and new If in the making of the survey of public lands, an area is
distances are to be of the same relation to the original through fraud or mistake meandered as a body of water or
record length... lake where no such body of water exists, riparian rights do
Dept. of Justice Opinion, Oregon, 150-01-813-72; not accrue to the surrounding lands, and the Land Depart-
1620: ment, upon discovering the error, has power to deal with
the meandered area, to cause it to be surveyed, and lawfully
Surveys made by the authority of the United States or dispose of it.
the State of Oregon may be considered as evidence in any
court in this State, and unlike private surveys, need not be The fact that its administrative officers, before discovery
arrested. ORS 41.540. of the error, have treated such a meandered tract as sub-
jected to the riparian tights of abutting owners, under the
The same is true of Bureau of Land Management field
State laws, and consequently as not subject to disposal
notes. ORS 209.090.
under the laws of the United States, cannot stop the U.S.
The statutes reflect the generally accepted rule that a from asserting its title in a controversy with an abutting
resurvey is evidence, although nor conclusive evidence, of owner; and even as against such an owner, who acquired
the location of the original line, and the question of whether his property before the mistake was discovered and in reli-
the resurvey accurately retraces the original survey, is a ance upon action and representations of Federal Officers
question of fact. United States v. Hudspeth. 384 F2d 683. carrying assurance that such riparian rights existed, the
1967. U.S. may equitably correct the mistake and protect its title
Although some practical problems may arise, I see no le- to the meandered land. The equities of the abutting owners,
gal reason why the assessor may not employ the resurveys if any, in such circumstances are not cognizable judicially,
in preparation and maintenance of his maps, as the resur- but should be addressed to the legislative department of the
veys represent the best information available. Government. (Moon Lake Case )
5-21
Endnotes
1. The B.L.M. Manual, now out of print, is the authority 5. U.S. B.L.M. Instructions
for most of the material in this chapter.
6. Such requests should always be in writing.
2. From the 1973 Manual of Instructions for survey of
public lands of U.S.
7. Minto v. Delaney, 7 Ore. 337; Weiss v. Oregon Iron & Steel
3. Ibid. Co., 13 Ore. 496, 11 Pac. 255.
4. One who makes an entry of land under the public land
laws of the U.S. 8. U.S. B.L.M. regulations.
5-22
6
CHAPTER
SURVEYS
AND
SURVEYING
6-1
6-2
practice of advanced land surveying is far beyond
INTRODUCTION the scope of this manual. The chapter will neither
make the cartographer a qualified surveyor, nor
Surveys are the building blocks of the cadastral map. will it transform one into an expert on surveying.
They supply the angular and linear measurements Such qualifications can only be obtained through the
necessary for obtaining accurate map geometry. The study, training and experience required of a profes-
surveys fortify the cadastral map with concrete evi- sional, registered land surveyor (or registered engi-
dence that is needed to convince taxpayers and other neer). Continued study of surveying will, however,
map users that the lines and points of the map are be beneficial to both the cartographer and the cadas-
reasonably accurate and reliable. It has been found tral mapping program.
that cadastral maps based on surveys are questioned
and criticized less often than maps made without ref-
erence to surveys. SURVEYING
Moreover, survey plats supply the cartographer with
a graphic representation of property boundaries that Surveying is the science of determining the relative
are often ambiguously defined in deeds. Another ben- positions of points on or near the surface of the earth.
efit to be derived from the survey plat is the wealth They are usually made to measure these points on
of information that the surveyor often includes on his either a vertical or horizontal plane. Figure 6-1 illus-
drawing; information such as: (1) ties to important trates the two planes.
monuments, triangulation stations, abutting prop-
erties, engineering stations, bench marks, plane and
geodetic coordinates; (2) monument identification;
(3) route traverse measurements; (4) right-of-way
widths; (5) meanders of bodies of water; (6) survey
and boundary conflicts; (7) ownership names; (8)
deed recording references; (9) street intersection
ties; (10) areas; (11) names of physical and cultural
features; (12) ties and references to prior land sur-
veys; and often, (13) the locations of improvements
on land.
Since the lines of cadastral maps have their origins in
Figure 6-1
surveys, many of the procedures, techniques, math-
ematical operations and approaches to the problem In figure 6-1 MN is the horizontal plane and OQ is the
solving of the cartographer are like that of the survey- vertical plane. PQ is the elevation and OP, although
or; the cartographer and surveyor use the same units lying in the vertical plane of OQ, is on the horizontal
of measure for angular and linear measurements, the plane. Surveys of angles and distances on the hori-
same trigonometric principles and formulas and the zontal plane are called either horizontal surveys or
same geographic concepts. plane surveys.
The cartographer must also consider most of the
It should be evident from the above illustration that
same legal principles that must be considered by the
the term plane, as used in surveying, refers to a rela-
land surveyor. He must be proficient at researching
deed records, survey files, and other land data ref- tively flat surface. The surface of the earth, however,
erence sources to obtain the documentary evidence is not flat. In fact it is an ellipsoid with a polar diame-
needed to solve boundary and ownership problems. ter about 27 miles less than tile equatorial diameter. If
Moreover, in problem solving the cartographer is we were to take the term plane literally, there would
faced with a task that most surveyors are not; that be only minute areas on the earths surface that could
is, analyzing and evaluating all surveys, selecting the be considered flat, such as an airport landing strip,
surveys considered reliable for map control and using small section of highway or small body of water. In
the selected surveys to establish map geometry. The fact the only true plane on the earths surface is at
cartographer cannot accurately and effectively arrive the point of tangency of the plane and curved surface
at a solution to that problem if not equipped with the (see figure 6-2). In surveying, however, areas of less
legal principles associated with land surveying. than 100 square miles are usually considered to be
It must be understood that the information supplied relatively flat enough that the effects of the earths
in this chapter is very basic. The extent of theory and curvature can be ignored.
6-3
Horizontal surveys of these small areas are consid- Cadastral Surveys
ered as plane surveys. Surveys of larger areas are
called geodetic surveys. A property survey is technically referred to as a ca-
dastral survey. It is usually of the plane survey cat-
egory. The purpose of the cadastral survey is to: (1)
obtain evidence of property comers, lines and monu-
ments by taking linear and angular measurements of
the property lines; (2) furnish information for writing
deed descriptions; (3) determine areas of land par-
cels; (4) set corners that establish the boundaries of a
new parcel of land; (5) or to obtain the necessary data
for various mapping purposes.
Figure 6-2
Included in this type of survey are the Rectangular
The distance and direction in plane and geodetic Surveys of the U.S. Public Lands.
surveys are measured by use of survey instruments.
The distances are measured in units of length (linear Construction Surveys
measurements) and the directions are measured in
units of arc (angular measurements). Construction surveys are conducted to obtain data
essential to the planning and cost estimating of pro-
posed construction projects; and to establish control
Geodetic Surveys points, lines and grades for construction operations.
In geodetic surveys all effects of the earths curvature These types of surveys often provide usable data for
and shape must be considered in making the survey map control and boundary control. In addition, they
computations. The standard geodetic survey datum are valuable sources of data for appraisal purposes.
is known as the geodetic coordinates. These are ex-
pressed as latitude and longitude. Engineering Surveys
Geodetic surveys, involving greater distances than Engineering surveys are executed to obtain and pro-
plane surveys, are the framework for the National vide information upon which an engineering project
mapping and charting operations. is planned, established on the ground and construct-
ed. Many engineering surveys can only be conducted
Plane Surveys by registered professional engineers.
Most engineering surveys are plane surveys. Many
The plane survey is the category of survey more often
are of the exact same nature as the construction sur-
used in the cadastral map process. In plane surveys
vey. Others are surveys that extend over considerable
the relative positions of the survey stations are mea-
distances, such as: highway surveys, railroad sur-
sured with respect to the horizontal, plane. However,
veys, transmission line surveys, etc.
the effects of the earths curvature sometimes requires
limited consideration. For example, in a long traverse
Topographic Surveys
survey it is customary to determine the astronomical
azimuth at intervals of several miles along the tra- Topographic surveys are made to determine the
verse. Then to check the measured values of angles shape of a particular piece of the earths surface; and
between adjacent astronomic azimuth stations, the to locate and display both the physical natural land
convergence of meridians must be considered. features and the physical cultural features. They may
be either geodetic or plane, or horizontal or vertical
TYPES OF SURVEYS (or both).
Route Surveys
Surveys are usually classified by names descriptive
of the function of the survey, such as cadastral surveys, Most route surveys are also engineering surveys.
construction surveys, engineering surveys, topographic They are the surveys of the routes of highways,
surveys, route surveys, underground surveys, aerial sur- railroads, pipelines, transmission lines, irrigation
veys, geological surveys, etc. ditches, etc.
6-4
Underground Surveys
Underground surveys are performed to locate work-
ings below the ground, such as mining tunnels, rail-
road tunnels, etc.
Prior to conducting most underground surveys, a
surface survey must be executed. This is necessary Figure 6-3
because all errors in angles and distances must be
eliminated. Control points cannot be referenced in a Control surveys consist of horizontal, vertical, gravi-
tunnel like they can be on the surface. metric and astronomic surveys. Horizontal control
surveys determine geographic positions referenced
to a datum. Vertical control surveys determine eleva-
Aerial Surveys tions referred to a datum reference to tidal measure-
Aerial surveys are surveys made by photogrammetric ments.
procedures to enable the surveyor to delineate topo- Measurements of gravity and astronomy provide
graphic features. Photogrammetry is the science of data for the establishment and adjustment of the Na-
obtaining measurements by means of aerial photos. tional control networks. Surveys of large areas must
take into account the curvature of the earths surface,
Geological Surveys but for small areas, the curvature is often ignored.
Geological surveys are usually made to provide ba- Horizontal control is established by triangulation,
sic information for the conduct of public business at trilateration and traverse procedures (in special cases as-
all levels of government. For example, the planning tronomic position determinations or positions from
and execution of national and local land use or land electronic navigation or satellite-based systems may
related projects; the use and development of natural be used).
resources; and for National defense.
Triangulation
The principle by-products of these, surveys are topo-
graphic maps, geological maps, soil maps, nautical charts, Triangulation is a system of joined or overlapping
aeronautical charts, hydrographic charts, etc. triangles in which the length of an occasional side,
known as a base line, is measured and the other sides
Control Surveys are computed from angles measured at the triangle
vertices.
Control surveying (i.e., geodesy) is the common de-
nominator that relates and coordinates the Nations In the simplest form of triangulation, such as that in
and the worlds activities in a physical three-dimen- figure 6-3, one side, AB, and the three angles, A, B and
sional mode. The more commonly used geodetic data C, of a triangle are measured, then the lengths of the
includes latitudes, longitudes, elevations, and deflections other two sides, a and b, are computed.
of the plumb line and gravity values. After the lengths of a and b have been determined,
One of the multitude of uses for this data is the con- the computed length for each side can be used as the
struction of maps and charts which, in turn, relate the known base of an adjacent triangle. This triangula-
horizontal and vertical positions between all carto- tion scheme, or triangulation net, can then be extended
graphic features on a given map with those features from triangle to triangle over great distances.
on any other map of the earth. The accuracy of carto- The most precise triangulation is superior first-order
graphic representations thus is directly related to the (class I) triangulation for transcontinental control. The
accuracy of the geodetic control network. purpose of such triangulation is for transcontinental
Adequate and accurate control positioning is funda- traverses, satellite observations and lunar ranging.
The control is of a specified accuracy of 1:1,000,000.
mental to a multitude of projects such as government
Traverse spacing is at 750 km and stations are spaced
construction work, transportation system coordina-
at 15 to 30 km or greater. This type of triangulation
tion, cadastral mapping and social and environmen-
control requires use of a satellite. Examples of use are
tal mapping projects. Specifications, such as those
positioning and orientation of North American Con-
issued by the Federal Geodetic Control Committee,
tinent, continental drift and spreading studies. Figure
are promulgated for use by both the public and pri-
6-4 is an example of a first order triangulation net.
vate sectors to aid in ensuring that control surveying
activities will be systematically accomplished to meet Triangulation is the easiest, cheapest, and most precise
national mapping needs. method of determining distance and direction over long
6-5
distances, over obstacles (such as water) where taping is evation of points with respect to each other and to a
impractical or impossible, or over areas where taping is common datum. Geodetic leveling follows the geoid
awkward (such as in a city). and its associated level surfaces, which are irregular,
rather than mathematically determined ellipsoid.
The elevations of most major surveys, such as those
of the Coast and Geodetic Survey, are based on the
National Geodetic Vertical Datum of 1929. This datum
was established by constraining the combined inter-
connected U.S. and Canadian networks of First-Order
leveling, as it existed in 1929, to conform to mean sea
level of various epochs, as determined at 26 long term
tidal stations distributed along the Atlantic, Gulf of
Mexico and Pacific coasts. Spirit level instrumental
observed differences of elevation, starting at the vari-
ous local mean sea levels, as defined at the 26 tidal
stations were interconnected into a network consist-
ing of approximately 103,000 km or First-Order lines.
These observations, after orthometric corrections,
corrections for other definable systematic errors,
and simultaneous adjustments for loop misclosures,
provided a set of orthometric elevations for all
benchmarks in the adjusted system (in 1929). This
operation is referred to as the General Adjustment of
1929, and the resulting elevations defined the datum
to which all subsequent geodetic leveling in the U.S.
has been adjusted.
SURVEYING EQUIPMENT
Figure 6-4
If you can make measurements with surveying equip-
ment, you will have no trouble making measurements
Trilateration with cartographic equipment. This is because surveying
Trilateration is a method of surveying in which the equipment, although physically different, is graduated
lengths of sides are measured. The availability of EDM (with a few exceptions) like that used in cartography.
equipment makes this procedure economically feasible For example, the transit horizontal circle is graduated
and provides accuracy sometimes superior to conven- identical to the engineering drafting machine head, and
tional triangulation and traverse. Trilateration is often the surveying tape is graduated like the engineering
used to measure the sides of the triangles of a triangula- scale (although the markings are somewhat different).
tion net to strengthen the angular measurements. Surveying instruments are the devices with which mea-
surements are made. Commonly used instruments are:
Traverse 1. Levels. Levels are used to make vertical measure-
Traverse is a method of surveying in which a se- ments. Some commonly used levels are:
quence of lengths and directions of lines between a. Engineer surveyors level
points on the earth are measured and used in deter- b. Engineers dumpy level
mining positions of the points. c. Military level
d. Hand level
Triangulation, Trilateration, and traverse procedures e. European engineers level
may be used singly or in combination to obtain the f. Self-leveling levels
accuracy and precision required operationally.
g. Builders level
h. Tilting level
Vertical Control i. Clinometer
Vertical control is established by spirit leveling usu- Figure 6-5 is a wye level. It is so named because it
ally of a high order of accuracy. It consists of the el- has telescope supports shaped like a Y.
6-6
Figure 6-7
Figure 6-5 Most transits have a compass needle and dial cen-
trally located on the upper surface of the instrument.
There are two graduated circles for measuring angles;
that is, to show how far the telescope has turned from
a starting position. Vertical angles are read on the
vertical circle and horizontal angles on the horizontal
circle. The vertical circle is attached at one end of the
horizontal axis. The horizontal circle is located on the
top face of the lower circular plate.
Transits are equipped with verniers very similar to
those attached to a drafting machine head; however,
most transits, have three verniers for making accu-
rate readings. One vernier is used with the vertical
circle to read vertical angles. For reading horizontal
Figure 6-6 angles there are usually two verniers placed on op-
Figure 6-6 is a dumpy level. The dumpy level is made posite sides of the horizontal circle.
up of fewer parts than the wye level. Instead of Y sup- Unlike the wye or dumpy levels, the transit usually
ports, telescope collars are used to support the telescope has three spirit levels. Two are used for leveling the
in a fixed position parallel to the level bar. All parts of instrument head and are usually mounted on the up-
the dumpy level below the bar are the same as the parts per plate of the instrument.
of a wye level. The wye level has a removable telescope,
whereas the dumpy level has its telescope permanently
fastened to the supporting bar.
The principal features of a level are the telescope
(for line of sight) and a spirit level tube for making
the line of sight horizontal. Leveling adjustments are
made with the leveling screws that support the tele-
scope and spirit level tube.
Vertical distances are actually measured by sighting
a graduated rod called a level rod. Like other survey-
ing equipment for measuring lengths of lines, level
rods usually are graduated in feet, tenths and hun-
dredths.
2. Transits. Often called the universal surveying in-
strument, engineer transits are used for measur-
ing horizontal and vertical angles, for prolonging
straight lines and for measuring distances by
stadia.
Some types of transits are the American engineers tran-
sit, the builders transit and the builders transit-level. Figure 6-8
6-7
Usually, horizontal and vertical angles are measured The objective is a lens, which forms, within the tele-
with a transit (see figure 6-8). The compass is often scope, an image of the object sighted. The sunshade
used for a rough check on angles. The transit has is a metal tube used to protect the objective from the
a telescope which is attached at right angles to the glare of the sun. The pinion head is a wheel on the out-
horizontal axis (see figure 6-9). The telescope may be side of the telescope tube, which can be moved until
rotated in a vertical plane about the horizontal axis the image is distinct.
and clamped in any position. The horizontal axis is There are two types of telescope eyepieces inverting
perpendicular to and can rotate about a vertical axis. and erecting. With the inverting eyepiece an inverted
Spirit levels (similar to those on a carpenters level or image can be seen. Sometimes, extra lenses are placed
shop level) make the vertical axis follow the direction in an eyepiece to deflect (turn) the light rays so that
of gravity. the image appears in its normal or upright position.
The point in which the line of sight, the horizontal This is an erecting eyepiece.
axis and vertical axis of a transit meet is called the Two cross hairs are placed in the telescope tube near
instrument center. A point on the ground over which the place where the image is formed. They are used
the center of the instrument is placed is the instrument to align objects vertically or horizontally.
point or transit point.
Telescopes are either external focusing or internal
Every transit instrument is centered over a survey focusing. External focusing telescopes change in
point with a plumb line and plumb bob. length as the focus wheel is moved. Internal focusing
A transit point or station usually is marked with a telescopes, always remain the same length. Internal
hub and tack. Lines joining transit stations are called focusing telescopes are better for surveying in bad
transit lines. Traverses are formed by transit lines. weather or dust because the telescope tube is well
sealed from the elements.
Sometimes it is convenient to think of the parts of
When the sunshade of a telescope is removed, the
a transit as being divided into three groups. Each
telescope is short enough that it can be rotated
group has a clamp screw to lock certain parts in posi-
about the horizontal axis in a vertical plane. The
tion and a slow motion screw for a fine setting.
operation of rotating the telescope end for end
about the horizontal axis is called plunging. When
the telescope spirit level is beneath the scope, the
telescope is in its normal or direct position. When the
spirit level is on top, the telescope is in the inverted
or reversed position.
3. Theodolites. In a sense, a theodolite is a sophisti-
cated transit capable of great precision. Some are
accurate to the nearest second. Others, such as
the European theodolite, are capable of accuracy
to the hundredth of a second. There are two cat-
egories of Theodolites repeating Theodolites and
direction theodolite
Repeating Theodolites display angles. Direction The-
odolites, on the other hand, display direction instead
Figure 6-9 of angles (direction being determined by subtracting
The upper group consists of the telescope, vertical the subsequent direction from the prior direction).
circle, the verniers, the levels, the upper plate and the Most modem Theodolites - especially the European
inner spindle. The lower plate, the horizontal circle Theodolites are lighter, more streamlined, and more
and the outer spindle are in the middle group. In the compact than the engineer transit. There are several
lower group are the leveling head, the leveling screws, features in theodolite which account for the greater
the bearing for the outer spindle, the shifting plate precision as compared to the transit, but most of the
and the footplate. increased precision is obtained by use of microscopic
lenses for viewing direction or angle readings.
The telescope on a transit is similar to the telescope
on a dumpy or wye level. The chief parts of any 4. Reduction tacheometer. Similar in appearance to
transit telescope are the objective, the sunshade, the the theodolite, reduction tachometers are primar-
focusing wheel or pinion head, the cross hairs, and ily used for stadia measurements. This requires a
the eyepiece. special stadia rod called a tacheometer rod. Some
6-8
are electronic and will provide accurate measure-
ments well over a mile in length.
5. Electronic Distance Measuring instruments
(E.D.M.). E.D.M. equipment is now being used
by surveyors for very precise work. Two main
advantages of E.D.M. devices are speed and
precision over long distances. Measurements
on some devices can be made in 15 seconds. Ac-
curate measurements can be obtained from dis-
tances of 6,500 feet to 100,000 feet. Some, such as
the Omega (used for extra long navigation), can
measure distances up to 5,000 miles. Some com-
monly used E.D.M. instruments are:
a. Tellurometer Figure 6-11
b. Geodimeter 6. Alidade. Used on a plane table for graphic de-
c. Electrotape terminations of the relative directions to visible
d. Distomat terrain points. Telescopic alidades are used with
a stadia rod to measure horizontal distances and
e. Autotape differences in elevation.
f. Loran (A, B, & C)
g. Moran
h. Shoran
i. Omega
J. Lorac
Figure 6-12
7. Subtense Bars High precision instruments, con-

sisting of a hollow metal bar with a target at
each end, a leveling head, bulls eye level and an
orienting sight. The subtense bar can be rotated in
azimuth and clamped in any position. Targets are
free to move along the bar and are maintained at
nearly constant distances apart. They are made in
different lengths, the most common being 2 me-
ters between targets. Theodolites are usually used
with the bar to measure horizontal distances.
6-9
8. Stadia rods. These rods are used with a transit, or A rod which is read by the levelman directly through
alidade, for low accuracy measurements of hori- the telescope of his level is a self-speaking rod. The
zontal distances. In stadia surveying the surveying most common self-speaking rod is the Philadelphia
tape is not used to measure distances. Only a rod shown in figure 6-15. The Philadelphia rod is
transit and a stadia rod are used. Distances are equipped with a target, which can be set and clamped
computed, using geometry and trigonometry, by by the rodman at the direction of the levelman.
observing the relationship of the telescope stadia
11. Compasses. The surveyors compass is used for
hairs and the markings of the stadia rod.
approximate measurement of angles and magnetic
Rods used for stadia work usually have large geometric azimuths. It is usually used when making rough
designs on them so that they may be read at long dis- surveys, relocating lines of old surveys or making
tances. Some rods do not have numbers on them. From reconnaissance surveys. The principal parts of the
the geometric pattern, intervals of a tenth of a foot and compass are the needle, needle circle or compass circle,
sometimes a hundredth of a foot may be observed. counterweight and compass box. Some are equipped
Stadia rods are generally 10 to 15 feet long, 3 to 5 with two peep sights and two spirit levels.
inches wide and about 34 inch thick. 12. Surveying tapes. There are three basis types of
surveying tapes: (1) metallic tapes for low pre-
cision work; (2) steel tapes used for horizontal
distance measurements; and (3) invar tapes used
for high precision measurements, such as base
lines for triangulation nets (however, E.D.M.
equipment eliminates the use of tapes in large
triangulation networks).
Surveying tapes are usually 50 feet, 100 feet, 200 feet,
30 meters and 50 meters in length. They have various
graduations from feet, to meters, decimeters, centi-
meters, and even millimeters.
13. Chains. See chain in the glossary.
Accessories
9. Tacheometer rod. This is a special stadia rod that
Surveying accessories, such as those listed below, as-
is used with a tacheometer.
sist in making measurements.
10. Leveling rod. Used with a level, transit or alidade to
1. Tripods.
measure differences in elevation (vertical distance
2. Plumb bobs.
measurement). The vertical distances are actu-
3. Targets.
ally measured by sighting on the leveling rod. Like
other surveying equipment, leveling rods usually 4. Taping arrows.
are graduated in feet, tenths and hundredths. 5. Taping stool.
6. Triangulation towers
7. Range poles.
8. Wooden stakes.
9. Tape repair kit.
10. Chaining pins.
11. Tension handle.
12. Tape thermometer.
13. Tape stretcher & spring balance.
14. Machete.
15. Metal bench marks.
16. Plumbing pole.
17. Magnifying glass.
18. Pedometer.
19. Engineers field book.
20. Barometer and altimeter.
21. Hand held electronic calculator.
6-10
FUNDAMENTAL Office Work
SURVEY OPERATIONS Surveying also requires a considerable amount of of-

fice work, such as:
Field Work 1. Working up final field notes.
Some of the very basic field work operations are: 2. Computation and/or mathematical adjustment
of: bearings, azimuth, distance, closure, latitude
1. Measuring horizontal distances and angles to: and departure, relative positions, grades, areas,
establish points and lines of reference; locate, in volumes, coordinates (plane and geodetic), tra-
relation to reference points and lines, boundary verse, triangulation, elevations, velocity (flow of
monuments, comers and lines, buildings, fences, water), etc.
rivers, bridges, etc.; stake out roads, ditches, ca-
nals, highways, railroads and other construction 3. Plotting survey data.
or engineering projects; establish triangulation 4. Mapping.
nets and stations, parallel, and perpendicular
lines; and measure inaccessible distances, and 5. Research into historical records; deeds, surveys,
extend straight Lines beyond obstacles. maps, etc. This is a critical and time-consuming
element of cadastral surveying.
2. Measuring differences in elevations, and de-
termining elevations to: establish elevations
between bench marks; determine the elevation Field Notes
of terrain features; stake out grades, cuts and
Many of the problems experienced with survey
fills for construction or engineering projects; and
plats are the result of transposing field note data. If
make topographic surveys in which the horizon-
the field notes are available, plat information can be
tal and vertical measurements are combined.
checked for accuracy.
3. Making measurements of systematic movements
of the earths crust in areas subject to earth- Surveyors notes usually contain a complete record of
quakes. (Requires at least first-order surveying.) all measurements made during the progress of the sur-
vey. The notes also contain sketches and narration.
4. Making hydrographic surveys along coastlines
and inland waterways. Measurements are usually shown in tabulation form.
Sketches are usually drawn at approximate scale;
5. Making underground surveys of tunnels and however, when important details must be noted, the
mines. sketches are exaggerated. If a page of notes is crossed
6. Making field note records to provide a perma- out, the information has been rejected by the survey-
nent record of fieldwork, methods, conditions, or; the page will refer to a supplemental page where
problems, etc., of the survey. corrected data is shown.
6-11
Below is a sample of the recorded notes of an 1845
A horizontal angle is formed by two intersecting lines
General Land Office dependent resurvey. The re-
which lie in the horizontal plane (see figure 6-16).
corded GLO notes are usually retained by the county
When two intersecting lines lie in the vertical plane
recorder, but may be obtained from the Bureau of the angle is a vertical angle. In surveying it is under-
Land Management. stood that one of the sides of a vertical angle lies in
the horizontal plane.
Dependent Resurvey of the

Subdivision Lines, T1S R26W.,
5th Prin. Mer., Ark.
Chains Reestablishment of the Survey
Executed by B.F. Owen, Deputy
Surveyor, in 1845.
From the cor. of secs. 35 and 36, on the S.
bdy of the Twp.
N. 0 26E, bet. secs. 35 and 36, marking
and blazing the true line.
11.15 Descend 45 ft. over N. slope, through
field. Right bank of the Quachita River,
135 lks. wide, course E.
12.50 Left bank of the first channel; thence
over island.
14.60 Right bank of second channel. 120 lks. Figure 6-16
wide, course E. In figure 6-16 EDF forms a horizontal angle. In ad-
15.80 Left bank of second channel; ascend 85 dition, FDE and EFD form horizontal angles. ABC,
feet over S. slope to cor. CBA and CAB form vertical angles. DE, DF and EF
33.45 Farm road bears E. and W. represent horizontal distances. In addition, BC is a
horizontal distance made for a vertical measurement.
40.08 The 1/4 sec. cor. of secs. 35 and 36,
BA and CA are vertical distances.
determined from the remains of the
original bearing trees:
Meridians
A dim stump hole bears N.64W., 9 lks.
A dim stump hole bears S.73E., 19 lks. In measuring, a horizontal angles, a reference line
must be established. This will be the line from which
At the corner point angle measurements are based. Any fixed line of ref-
Set an iron post, 30 long, 2 in diam., erence in a survey is called a meridian.
26 in the ground, with brass cap mkd. The earth rotates on an imaginary line called its axis. The

14 two points at which this imaginary axis cuts the earths
surface are the north and south geographic poles.
S35 S36 A true meridian is a north-south line on the surface of
the earth connecting the geographic poles. This line is
1943 determined by astronomical observation, usually of
Polaris (the North Star) or the sun.
from which
The earth, is a magnet. It has two magnetic poles. The
North magnetic pole is located northwest of Hudson
Horizontal & Bay in the vicinity of Boothia Peninsula. Since the
needle of the surveyor compass is magnetized, it is
Vertical Angles attracted by these magnetic poles and points in their
direction. A line of reference lying parallel to the
Angles measured in surveying are either horizontal direction indicated by the compass needle that is a
or vertical. magnetic meridian.
6-12
Actually, true and magnetic meridians are circles on the
surface of the earth meeting at either a geographic or
magnetic pole. But in plane surveying meridians are re-
garded as straight lines lying in a horizontal plane. The
meridians are considered parallel since areas surveyed
usually are small compared with the size of the earth
and meridians approach one another slowly.
A line of reference can be chosen arbitrarily without
special reference to the magnetic or geographic (also
called geodetic) poles. Such a line is called an assumed
meridian.
Magnetic Declination
The horizontal angle which the compass needle
makes with a geodetic, or true, meridian is called the
declination of the needle. In navigation this is known as
variation. At any point on the earth this angle is the
magnetic declination. Figure 6-17
Because the earths magnetic poles are constantly Forward and Back Azimuth
changing, the declination changes accordingly.
The word azimuth used alone implies forward azimuth.
Isogonic Lines The azimuth of the backward prolongation (exten-
sion) of a line is its back azimuth. In figure 6-17 the
Imaginary lines on the surface of the earth, passing back azimuth of OA (238 - 180) is 58; the forward
through points having the same magnetic declina- azimuth of OA is 238. The forward azimuth of OA is
tion at any given time, are called isogonic lines. At all 58 and the back azimuth of OA (58 + 180) is 238.
points on the isogonic line the compass needle makes Rule - if the azimuth is less than 180, the back azi-
the same angle with the true meridian. muth is obtained by adding 180. But, if the azimuth
is more than 180, then 180 must be subtracted to get
The isogonic line intersecting points of no declina- the back azimuth.
tion is called the agonic line. All points east of this line
have a western declination, and all points west have Bearings
an eastern declination.
Instead of giving the azimuth for a line, we could
Azimuth state the acute angle between the line and a meridian.
This angle is called a bearing. (Remember, an acute
The horizontal angle between a line and a merid- angle is greater than 0 and less than 90.) A bearing
ian measured in a clockwise direction is called the is never greater than 90.
azimuth of the line. Occasionally azimuth is measured (Refer to chapter on Direction for additional informa-
from the south point of a meridian; however, it is tion on bearings.)
usual practice in surveying to measure azimuth from
the north end of the meridian. ORDERS OF ACCURACY
True azimuth is measured from the geodetic meridian
(true north). Magnetic azimuth is measured from the The methods of surveying are classified according to
the precision of the survey methods and the degree of
magnetic meridian (or magnetic north). In cartography
accuracy allowed. These specifications are referred to
it is essential to maintain true azimuth, especially in ca-
as orders of accuracy.
dastral cartography.
Prior to using earth satellites for surveying purposes,
Figure 6-17 shows a meridian NS with N toward the the orders of accuracy were first-order, second-order,
north. The azimuth of OA is 58 while that of OA is third-order and fourth-order. First-order was the most
238. The azimuth of OB is 320. accurate and fourth-order the least accurate.
6-13
Today, satellite survey measurements allow for ac- The orders of accuracy specified in figure 6-18 are
curacy of 1: 1,000,000. Surveys of this type are re- for specific projects. They are not for every type of
ferred to as superior. In addition, second-order and survey at every level of government. For example
third-order have been divided into four classes: sec- -Department of Commerce specifications for hori-
ond-order-class 1, second-order-class 2, third-order-class 1 zontal control trilateration start at 1:150,000 for
and third-order-class 2; class 2 of each being the lower class 2 third-order work and extend to first-order
degree of accuracy. specifications of 1:1,000,000 (1 part in 1,000,000).
On the other hand, the specifications for horizon-
Figure 6-18 at the bottom of this page is a synopsis tal control traverse work is 1:600,000. At the local
of horizontal control classifications as specified by level, 1:25,000 might be considered a first-order
the Federal Geodetic Control Committee. Note: survey, with fourth-order being 1:2,500 (that is the
fourth-order surveying is not recognized as ad- allowable discrepancy between any computed and
equate for governmental survey projects - that is, measured distance. In the same survey the base
as regards geodetic control. The lowest order being line specifications might be1:300,000 for first-order
third-order-class 2. and 1:25,000 for fourth-order work).
The tolerances defined in figure 6-18 are for the National In cadastral surveying the precision of the methods
Horizontal Control Network. This network must be of and the resultant accuracy of measurements would be
such accuracy and precision that, everywhere on the separate and distinct from the accuracy of the location
North American Continent, control (both in density and of the property boundaries. For example, although the
accuracy) meets user needs and National interest. methods and resultant measurements of a property
Figure 6-18 Synopsis of Horizontal Control Classifications
6-14
boundary survey might qualify as first-order, a survey elevation is known and marked is called a bench mark
could still be incorrect if an incorrect datum, monument (abbreviated B.M.).
or reference line was referenced or measured.
Benchmarks may be nails in the roots of trees, stakes
in the ground; brass caps sunk in concrete, etc.
Throughout the U.S. a series of benchmarks have
been established by various government agencies.
These consist of identification marker set in stone,
iron pipe, or concrete and are usually marked with
the elevation above mean sea level. Figure 6-19 illus-
trates some typical benchmarks.
MONUMENTS
The purpose of monumentation in surveying is to es-
tablish the permanent marking of lines, and to fix the
property comer positions so that the location of the
lands may always be definitely known. Monuments
are also used to establish a reliable reference point to
some datum, to a group of surveys (such as a mineral
monument), to section comers, quarter comers, town-
ship comers, etc.
Monumentation of the surveys of the public land of
the U.S. is an important factor in surveying. The laws
relating to these monuments must be considered
in surveying as well as cadastral cartography. For
example, the law provides that the original comers
established during the progress of the public land
survey shall forever remain fixed in position, even to dis-
regarding technical errors in the execution of the survey,
where discrepancies may have passed undetected prior to
the acceptance of the survey.4
The courts attach major importance to evidence
relating to the original position of the U.S. rect-
angular survey monuments (i.e., section, quarter
section, etc.); such evidence being given far greater
weight than the record relating to bearings and
lengths of lines.
Figure 6-19
In the U.S. survey, the following points were monu-
mented: (1) section comers, (2) quarter corners, (3)
BENCH MARKS township corners, and (4) meander corners. Also
monumented were sixteenth section comers as the
Before a vertical distance can be stated, it has to be requirements of the written instructions, or the exi-
referenced to some standard datum from which the gencies of the survey, demanded. The survey instruc-
measurement is measured. A datum is something tions provided for monumentation of angle points
decided upon as a basis of reckoninga reference along irregular boundary lines, at corners of 212 acre,
element. For example, vertical distances represent- or 14 14 14 14-sections when special instructions called
ing elevation are usually referenced to mean sea level for such monumentation. Figure 6-20 illustrates two
(the average height of the sea for all stages of tide). examples of U.S. survey monumentation of rectangu-
Mean sea level, then, is the datum. A point whose lar survey system comers.
6-15
tant location more or less remote from and without
special relation to any regular corner.
Marking Lines Between Corners

In the rectangular survey system trees are marked to
show the locality of section and township lines. The
marks are usually a blaze or hack (see figure 6-21). In
practice, the tree would actually be either blazed or
hacked by the surveyor, but never both.
Figure 6-20
Witness Corner Figure 6-21
By conventional usage, a witness comer is a monu- A hack is a horizontal notch cut well into the wood at
mented point usually on a line of a survey and near about breast height. Two hack marks are cut to distin-
a comer. It is employed in situations where it is im-
guish them from other accidental marks.
practical to occupy the site of a comer. When the true
point for a comer falls in an inaccessible place, such A blaze is a smoothed surface cut upon the tree trunk
as an unmeandered stream, lake or pond, or upon at about breast height. The bark and a small amount
a precipitous slope, ridge or cliff, where the corner of live wood tissue are removed with an axe or other
cannot be occupied, a witness corner is established cutting tool, leaving a flat surface, which forever
at some suitable point where the monument may be
brands the tree.
permanently constructed.
Trees intersected by the line have two hacks or notch-
Reference Monument es cut on each side facing the line. These are called
sight trees or line trees. A sufficient number of trees
A reference monument is an accessory and is employed
standing within 50 links of the line, on either side,
in situations where the site of a comer is such that a per-
manent monument cannot be established or where the are blazed on two sides quartering the line in order to
monument would be liable to destruction, and bearing render the line conspicuous and readily traceable in
trees or a nearby object are not available. either direction.
For additional information on the marking of monu-
Witness Point ments, see the Manual of Surveying Instructions pub-
A witness point is a monumented station on a Line of lished by the U.S. Department of the Interior, Bureau
the survey and is employed to perpetuate an impor- of Land Management.
6-16
Several of the above factors, such as transposing, can
SURVEY MEASUREMENTS be determined from careful analyzation when plot-
ting base control maps.
Taping Determining Direction

The taping party is normally a subparty of a traversing The angle-measuring party is very flexible in size and
party, and its primary duty is to make the taped mea- may vary from one to a dozen or more men. This
surements and auxiliary measurements necessary to party may be a subparty of a triangulation or traverse
determine the horizontal distances between points. party, or it may work independently. Each party will
The taping party is made up of the following: consist of at least one instrumentman and rodman.
1. Head tapeman A value for the horizontal angle between any two
2. Rear tapeman lines can be determined by pointing a transit or the-
3. Recorder odolite at a target on one of the lines being measured;
4. Stretcherman pointing at a target on a different line, reading, the
S. Rodman horizontal circle for each pointing; and finding the
6. Axman difference between the two readings. Angular values
7. Chief of taping party determined in this manner are subject to the effect of
numerous errors and blunders. To increase the accu-
For low-order taping two or more people will act in racy in angle measurement, angles are usually mea-
tile capacity of several of the above. sured at least twice; once with the transit direct and
There are two basic methods for measuring distances once with the transit reversed. A greater number of
with a tape. These are slope taping and horizontal tap- measurements are often made to obtain a mean value
ing. In the slope method, the tape is held as required with a minimum residual value.
by the slope of the ground. The slope of the tape is There are two basic methods for the multiple mea-
measured and the horizontal distance is computed. surement of a horizontal angle; the repetition method
In the horizontal method, the tape is held horizon- (normally used with a repeating instrument) and
tally and the positions of its pertinent graduations are the direction method (normally used with any transit
projected to the ground with plumb bobs. or theodolite, and always used with a direction type
instrument such as the Wild T2 theodolite).
Breaking tape. The terms breaking tape, break tape and
broken tape measurements refer to horizontal taping Repetition method. The 1-minute and 20-second tran-
and plumbing by increments of less than one tape sits are repeating instruments on which successive
length; the terms have no reference to physically observations of a horizontal angle are added by rep-
breaking a tape. See breaking tape in the glossary. etition, and then a mean taken to obtain an accurate
measure of the angle. This method measures angles
Measurements made by taping are subject to more
to a degree of accuracy less than the last reading of
errors than any other type of measurement made in
the transit. A set of observations may consist of two,
surveying. The errors of taping are divided into sys-
three or six repetitions of the angle with the telescope
tematic errors and accidental errors. Systematic errors
in the direct (or reversed) position; followed immedi-
in taping are those caused by known mathematical
ately by, three or six repetitions of the explement of
and physical laws for which a correction can be com-
the angle with the telescope in the reversed (or direct)
puted. Corrections can be computed for the length of
position. Figure 6-22 illustrates a set of six repetitions,
tape, method of tape support, effect of temperature, slope of
six direct and six reverses.
tape and alignment of tape.
Direction Method. A theodolite is usually used in ap-
Mistakes made in reading and recording measure-
plication of this method of measuring angles. The
ments are often difficult to detect. Some of the com-
method consists of measuring the direction to each
mon mistakes are:
station from one taken as the initial station. The di-
1. Holding tape incorrectly. rections are the angles measured clockwise from the
2. Transposing figures. initial station to each of the other stations. The angle
3. Reading tapes upside down. at a station between any two observed stations is the
4. Measuring from wrong end of tape. difference of their directions. In observing, a point-
S. Reading the wrong footmark. ing is made on the initial station and then upon each
6. Subtracting incorrectly when reading tape. station around the horizon in a clockwise direction
7. Omitting an entire tape length. closing on the initial station. The telescope is then
6-17
Figure 6-22
reversed and readings made counterclockwise; the Stadia Measurement

double set of readings constitutes one position.
The word stadia 5 is, the Latin plural of stadium. When
Deflection-angle measurement. Deflection angles are
surveyors speak of surveying by the stadia method,
normally measured with an engineer transit. The
they are referring to a particular method of measur-
angles are often measured in the performance of a
ing the length of lines. In stadia surveying a tape is
route survey; but for normal surveying operations,
not used for measuring distances. Instead, a transit
clockwise angles are measured and deflection angles
and stadia rod is used to measure the distances. This is
are computed (if required).
done by observing an intercept (distance) on the sta-
Errors in measuring horizontal angles. Instrumental er- dia rod, by possibly measuring an angle - geometry
rors can affect the measured value for a horizontal and trigonometry do the rest.
angle; but large discrepancies are usually the result of
personal errors, such as: Vertical distances (differences in elevation between
points) as well as horizontal distances can be derived
1. Errors in centering the instrument and targets from stadia measurement.
over the same stations.
Horizontal distances obtained by stadia usually
2. Errors in leveling the instrument. are not as accurate as taped (or chained) distances.
3. Errors in pointing the instrument. However, stadia work is fast and accurate enough
for some purposes, such as, making a rough check
4. Errors in reading the circle and verniers of the on distances, which have already been measured by a
engineering transit. more exact method.
5. Errors in making coincidence for reading the The transit used for stadia work must be equipped
circle and micrometer scale of the Wild T2 the- with stadia hairs. These are two hairs placed on each
odolite. side of and parallel to the horizontal cross hair.
The natural errors that affect horizontal-angle mea- Furthermore, they are so located that the cross hair
surements are due to differential temperature within is exactly halfway between them. The distance be-
the instrument, horizontal refraction (horizontal tween the stadia hairs is the vertical interval between
bending of light rays between a target and the instru- the hairs. The horizontal cross hair is called the
ment) and phase (due to unequal illumination of a middle hair. Figure 6-23 is an illustration of a telescope
target). equipped with stadia hairs.
6-18
tercepted on the rod by the stadia hairs, then multiply
the interval by the stadia constant. This distance from
the principal focus to the rod is called stadia distance
(d in figure 6-24). If the stadia reading were 1.95, the
stadia distance would be 195 feet.
Instrument Constant
To get the distance from the instrument to the rod,
the distance from the principal focus to the instru-
Figure 6-23 ment center must be added to the stadia distance.
When viewing the stadia rod through a transit tele- This distance from the center of the instrument to the
scope, the stadia hairs will mark off an interval on the principal focus is the instrument constant. (Usually the
rod. The distance on the rod between the apparent instrument constant is determined and supplied by
positions of the two stadia hairs is the stadia reading the manufacturer.)
(or stadia interval).
If using an internal focusing scope, the value of the
Usually stadia readings are determined by sighting instrument constant need not be considered. For
the lower stadia hair at a convenient footmark and external focusing telescopes the instrument constant
then observing the position of the upper stadia hair. usually varies from 0.75 feet to 1.40 feet. (If the con-
For example, the lower hair might be sighted on the stant is unknown, the value of one foot will usually
2-foot mark and the upper hair might be in line with suffice.)
6.37. By subtracting, the stadia reading would be 4.37
(6.37 - 2.00 = 4.37). Horizontal Stadia Formula
The desired horizontal distance needed is from the
instrument center to the rod (note - the rod must be
plumb). It is necessary to add the instrument con-
stant to the stadia distance. This sum is the corrected
distance.
The formula for computing horizontal distances
when the sights are horizontal is:
h = ks + (f + c)
Where
h = horizontal distance from the center of the
Figure 6-24 instrument to the vertical stadia rod.
k = stadia constant (100)
Stadia Constant s = stadia rod reading
f+c = instrument constant, zero for internal
Light rays which pass through the lens (objective) focusing, and 1 foot for external focusing
of a telescope come together at a point called the
telescopes.
principal focus of the lens. These light rays continue in
f = focal length of lens.
a straight-line path as in figure 6-24. The distance be-
c = distance from center of instrument to
tween the principal focus and the center of the lens is
center of lens.
called the focal length of the lens. For any lens the focal
length does not change. If the focal length is divided The instrument constant will be the same for all read-
by the distance between the stadia hairs, a number is ings.
derived that is called the stadia constant. Some survey-
ors use 100 as the stadia constant because the stadia The concept discussed to this point is based on the
hairs usually are so spaced that the interval between fact that the stadia hairs subtend a constant angle.
them will make the stadia constant equal to 100. Therefore, the value of a stadia intercept is directly
proportional to the distance between the observing
Stadia Distance instrument and the rod. In figure 6-25 a represents
the fixed angle subtended by the stadia hairs, and a, b
To find the distance from the principal focus to the and c represent stadia intercepts at different horizon-
stadia rod for a horizontal sight, read the interval in- tal distances between the instrument and rod.
6-19
Remember, to find sin a and cos a:
opp. side
sin a =
hypotenuse
adj. side
cos a =
hypotenuse
Example. In figure 6-27 we have a stadia interval of
8.45 and an angle of elevation of 2514. The instru-
Figure 6-25 ment constant = 1.0.
Stadia measurements are normally measured on a Substituting the formula for the horizontal distance,
stadia rod or on a Philadelphia leveling rod. With a sta- where cos 2514 = 0.90458:
dia rod, the intercepts are usually read to the nearest
hundredth of a foot by estimating between the 1/10- h = 100(8.45)(0.90458) + (1)(0.90458)
foot marks. With the Philadelphia rod the intercepts = 845(0.81826) + 0.90458
are measured directly to hundredths of a foot. = 691.43 + 0.90
= 692.3
Formula for Inclined Sights
Therefore, the horizontal distance (h) = 692.3, or 692
Most often the sightings necessary in stadia work feet.
are not horizontal. It is usually necessary to incline
the telescope upward or downward at an angle (a).
Sometimes a Greek letter is used to designate an
angle alpha (a), the first letter of the Greek alphabet.
The vertical angle (a) may be either an angle of eleva-
tion or an angle of depression, as in figure 6-26. If
the line of sight is elevated above the horizontal, the
resultant angle is called an angle of elevation. If the line
of sight is depressed below the horizontal, the verti-
cal angle is an angle of depression.
In either case the horizontal and vertical distances
can be found by using the formulas:
h = ks cos2 a + (f + c) cos a
v = 12 ks sin 2a + (f + c) sin a
Where: Figure 6-27

h = horizontal distance Substituting the formula for the vertical distance,
v = vertical distance
where sin 2514 = 0.42631 and sin 2a, or sin 5028 =
ks = stadia distance
0.77125:
a = angle of inclination
f+c = instrument constant v = 50(8.45)(0.77125) + (1)(0.42631)
= 8.45(38.562) + 0.42631
= 325.9 + 0.4
= 326.3
Therefore, the vertical distance (v) = 326.3 feet.
To get the elevation of the ground at the base of the
rod the center hair rod reading must be subtracted
from the vertical distance, and the height of the in-
strument must be added to the difference. If H.I. in
figure 6-27 is 384.2, and the center hair rod reading is
4.5, then the ground elevation would be:
Figure 6-26 326.3 4.5 + 384.2 = 706 feet
6-20
If the angle of inclination were depressed, the center known. The loop traverse, as the name implies, forms
hair rod reading would have to be added to the verti- a continuous loop enclosing an area. A connecting tra-
cal distance; and the sum would have to be subtract- verse starts and ends at separate points whose relative
ed from the height of the instrument; or positions have been determined by a survey of equal
384.2 (326.3 + 4.5) = 53.4 feet or higher order accuracy.
NOTE: Time can be saved in computing horizontal and

vertical distances by using stadia tables that can be found
Open Traverses
in most survey reference books - or textbooks. An open traverse ends at a station whose relative posi-
It has been found that stadia readings, are generally tion is not previously known; and, unlike a closed tra-
too large and result in some error. To compensate for verse, provides no check against mistakes and errors.
these errors the instrument constant may be regarded
as zero (0). The last terms in the formulas for inclined A random traverse is a special adaptation of an open
sights vanish (become zero). The approximate expres- traverse. It is run between two stations to determine
sions for horizontal and vertical distances are: their relative positions, after which the traverse is
usually closed by running in the computed line be-
h = ks cos2 a
tween the two points.
v = 12 ks sin 2a
If any part of a traverse is measured indirectly, the

Stadia measurements are affected by numerous fac-
tors that may cause quite large errors in the values for traverse is an open traverse. For example, the tra-
horizontal distances; the use of incorrect values for verse in figure 6-28 appears to be a closed traverse (or
the stadia constants, incorrect adjustment of instru- loop traverse); however, line FA has been computed
ments, incorrect plumbing of the stadia rod, inaccura- from the measured values of the traverse A, B, C, D,
cies in rod graduations and differential refraction. E, F. The traverse, then, is open.
NOTE: If by chance an intended loop traverse does
TRAVERSING not mathematically close, it is still considered as a
closed traverse rather than an open traverse.
In surveying, traversing is defined as the field operations
of measuring the lengths and directions of a series of
straight lines connecting a series of points on the earth.
The points connected by the lines of a traverse are
known as traverse stations, or as traverse-angle stations.
The measurements made in traversing are often used to
compute the relative horizontal positions of the traverse
stations on the state plane coordinate system. From
these computed relative positions, additional data can
be computed for the layout of roads, transmission lines,
plant sites, etc. Traversing operations are conducted for
mapping, large construction projects, (roads, railroads);
and for many other engineering projects.
Classification of Traverses
Figure 6-28
A traverse is always classified as either a closed tra-
verse or an open traverse. A closed traverse would be
like that of a property boundary. An example of an
Traverse Taping Stations
open traverse would be a highway survey. Traverses For many traverses, such as a road, highway, or rail-
are also classified by the instruments used, such as a road centerline traverse, distances are referenced to
transit-tape traverse; by the quality of the results ob- the beginning of the survey and stakes or iron pins
tained, such as a third-order traverse: and by the pur-
are set at 100-foot, or shorter, intervals. The stakes or
pose served, such as a county road-centerline traverse.
pins at the 100-foot intervals are called taping stations;
engineer stations or simply stations. Stakes or pins set
Closed Traverses
between the taping stations are called plus stations.
A closed traverse starts and ends at the same point, The use of the word station should not be confused
or at points whose relative horizontal positions are with the term traverse station.
6-21
HORIZONTAL line CP and the line EP prevented the measurement
of an angle to P from either C or E.
LOCATION OF DETAIL The trees, however, do not interfere with distance
measurements from either C or E, but the lake pre-
A large part of surveying involves the location of vents this measurement from D.
detail points relative to survey lines and stations.
This data is often useful in mapping operations. For
example, a traverse is run for the location of a trans-
mission line easement. Nontraverse detail tied to the
survey, such as road intersections, section corners
subdivision corners and triangulation stations, pro-
vide excellent horizontal map control.
The survey location of detail provides for control of
the survey. At times the detail is known to tie into
other control systems. At other times the control sys-
tem is tied into geodetic control so that positions of
all detail points are known with respect to the world-
wide geodetic system.
Figure 6-30
The main control for the location of detail is often
To compute the position of P, the distance DP, or the
a single traverse. At other times a triangulation net-
angle must be computed. These values are computed
work supplemented by traverses will form the main
by the following equations:
control system.
CD sin a
How Detail is Located sin =
CP
Detail can be located by the angle and distance or ra- Y = 180 (a + )
diation method, by determining the angle at one station
and distance from another, by the intersection method, by CP sin Y
distances from two stations, by range ties, by swing offsets, DP =
sin a
by perpendicular offsets or by the coordinate method.
Intersection method. By this method, points can be lo-
Angle and distance method. This method locates points cated by measuring the horizontal angles a and b, in
by an angle from a station and a distance from the figure 6-31, measured at stations A and B. The mea-
same station. This is also known as the radiation meth- sured length of the line AB is used as a baseline, and
od and is excellent for locating close points. Figure 6- the position of the point is computed. This method is
29 illustrates the location of points by radiation. often used to locate distant or inaccessible points.
Figure 6-29
Figure 6-31
Angle at one station and distance from another. Some-
times it is necessary to locate a point by measuring an Swing offsets. The swing-offset method (figure 6-32)
angle at one station and a distance from another one is used for locating points close to the control lines.
as shown in figure 6-30. In this example, trees on the Measurement of a swing-offset distance provides an
6-22
accurate determination of the perpendicular distance evations of points are determined by measuring their
from the control line to the point being located. vertical distances above or below a level line. A level
line is determined with a wye level; dumpy level or
other type of level by using the spiril level with the
parallel telescope. Direct leveling gets its name from
the fact that vertical distances are read directly from
a graduated level rod. A vernier6 is often used to read
a rod accurately.
A vernier is a small scale place parallel to, and in con-
tact with, the main scale so that the fractional parts
of the smallest division on the main scale can be ac-
curately measured.
Figure 6-34 shows a direct vernier. It has 10 divisions.
Figure 6-32
The total length of these 10 divisions is the same as
Perpendicular offsets from a control line. This method the length of 9 divisions on the main scale.
is used for locating detail of irregular lines, such as
the bank of a stream (figure 6-33). The control line is
located and perpendicular offsets are measured to
define the irregular shape on the map.
Figure 6-33
When the distances are short, the 90 angles are usu-

ally estimated; but when the distance are long, the
Figure 6-34
angles are usually laid off with an instrument.
With the eye one cannot estimate very carefully the
TOPOGRAPHIC SURVEYS distance between two parallel lines; the eye can more
easily decide when two lines coincide. This is the
principle behind the use of a vernier.
A topographic survey is made to determine the shape
or relief of part of the earths surface and the location The level rod most commonly used is the Philadel-
of natural and artificial (cultural) objects thereon. The phia rod. The vernier attached to the target on the
result of this type of survey is usually shown on a Philadelphia rod is used to take the rod reading to a
topographic map. thousandth of a foot. At the position of vernier zero,
feet, tenths and hundredths can be read. Then thou-
For mapping large areas, modern photogrammetric sandths can be read on the vernier by observing what
methods have almost entirely replaced field topo- mark on the vernier is exactly in line with a gradua-
graphic survey methods. tion on the rod.
In taking a rod reading the horizontal separation line of
LEVELING the red and white quadrants on the target is set by the
rodman by means of signals given by the levelman. This
Determining elevations by means of a leveling instru- separation line is fixed at the zero of the vernier. The
ment is called leveling (or running level lines). It may levelman motions either up or down so that the rod-
also be called establishing vertical control. Direct lev- man can place the target horizontal separation in line
eling is the most common type. In direct leveling el- with the horizontal cross hair of the instrument. When
6-23
the horizontal separation and the horizontal cross hair poor judgment, and confusion in the mind of the
coincide, the levelman signals all right. The rodman observer (sometimes the cartographer) and are indi-
then tightens the target clamp. Then the rodman holds cations of incompetence. Mistakes are detected and
the rod on the benchmark again to make sure that the avoided by the systematic checking of survey work.
target has not slipped. When the rodman gets the all
right signal from the levelman, he reads the rod to Sources of Errors
feet, tenths and hundredths of the nearest graduation
below the targets horizontal quadrant separation line. Instrumental. Instrumental errors arise from im-
The thousandths are read by the rodman by noting perfections in the instrument.
the numerical graduation on the vernier that lines up
Personal. Personal errors arise from the limitations of the
perfectly with one of the hundredth graduations on the
human senses, principally sight, touch and hearing.
face of the rod. If, for example, a hundredth graduation
is in line with the 4-line on the vernier, he must add .004 Natural. Natural errors arise from variations in tem-
to the feet, tenths and hundredths that were read on the perature, humidity, wind, gravity, refraction and
rod. (See figure 6-35.) magnetic declination.
Types of Errors
Systematic Errors. Systematic errors occur in confor-
mity with known mathematical and physical laws,
and their correction can be computed and applied.
Systematic errors are also known as cumulative errors
(common to cartography), as many of these errors af-
fect a measurement in the same way.
Accidental Errors. Accidental errors are caused by a
combination of factors beyond the control of the ob-
server. The magnitude and algebraic sign of these
errors are matters of chance. A compensating effect
may result when as many accidental errors are posi-
tive as are negative. Accidental errors often remain
in surveys after mistakes have been eliminated and
systematic errors have been reduced. The theory of
Figue 6-35 probability is based on a study of the occurrences of
accidental errors. Accidental errors are also called
SURVEY PRECISION random errors, irregular errors, and erratic errors.
The relative importance of systematic and accidental er-
& ACCURACY rors depends on the purpose of the survey. When the
purpose tolerates low-accuracy measurements, all errors
Precision refers to the refinement of instruments and
will often be treated as accidental errors. In a survey
methods used, and accuracy refers to the degree of
requiring high-accuracy measurements, after the effects of
perfection attained in the resultant survey data.
all systematic errors have been corrected, the probable
Precision also applies to the fidelity with which value of the accidental errors can be determined.
the required operations are performed. Precision is
exemplified by the number of significant figures to Discrepancies in Surveys
which a computation is carried and a result stated.
Discrepancy is the difference between two measure-
Precision is of no significance unless the required ac- ments of the same line or angle. It is also the difference
curacy is attained. between a measured and a known value for a quan-
The quality of precision and accuracy in a survey tity. A small discrepancy indicates that no mistakes were
is directly related to mistakes or blunders, errors and made and that accidental errors were small, but it does
discrepancies. not indicate the magnitude of the systematic errors.
Mistakes or Blunders in Surveys Resultant Error

Mistakes or blunders are quite distinct from errors. The resultant error in any measurement is the differ-
They result from a misunderstanding of the problem, ence between the measured value and the true value
6-24
for a quantity. Since the true value of a quantity can measured values for three angles of a triangle is
never be known, the value of the resultant error can 12 seconds of arc less than 180, the most probable
never be known. value is equal to the measured value plus 4 seconds
of arc for each of the angles.
Residual Error 3. When the sum of the measured values for several
A residual error is the difference between the value of quantities fails to equal their measured sum, and
a quantity obtained by a single measurement and the where each value has been measured with the
mean value of that quantity obtained by a number of same degree of precision, the most probable val-
measurements. The residual error for a measurement ue for each quantity is obtained by distributing
is the value that most nearly approximates the resul- the discrepancy equally among all the measured
tant error. The residual errors for a series of measured values including their measured sum. Then if the
values are used in determining probable error. adjustment is subtracted from each of the several
measurements that were added together, it must
be added to the measurement representing their
Theory of Probability sum, and vice versa. For example, three angles
The theory of probability deals with the accidental in a survey totaling less than 360 are measured
errors in a series of like or related measurements. Af- at a point. The angle representing the sum of the
ter the effects of mistakes and systematic errors have three angles is also measured. Then, if the sum
been eliminated from the measured values, the evalu- of the measured values for the three angles is 20
ation of the accuracy of the measurements is based on seconds of are greater than the measured value
the theory of probability. This theory assumes that: representing the sum, 5 seconds of arc are sub-
tracted from each of the three component angles,
1. Small accidental errors occur more frequently and 5 seconds of arc are added to the measured
than large ones. value representing the sum of the three angles.
2. Accidental errors are as likely to be positive as 4. When a different degree of precision has been
negative. used to measure the values which, when com-
3. Very large accidental errors do not occur. bined, equal a measured sum, the most probable
value for each is determined by an adjustment of
4. The probable number of uncompensated accidental weighted observations.
errors is equal to the square root of the number of
opportunities for these errors to occur.
Adjustment of Weighted Observations
5. The mean of an infinitely large number of like
observations would be a true value. The weight of an observation is the relative value of the
observation when compared with other observations
Most Probable Value of the same or related quantities. The value measured
by the most reliable method is always assigned the
The most probable value is determined from a series greatest weight. The most probable value is then de-
of measurements, each of which most nearly ap- termined by weights. When distances between points
proximates the true value. Accidental errors cannot along a line are measured, the full length of the line
be eliminated because they exist in every observa- is also measured. Or when adjacent angles about a
tion of a quantity. After the elimination of the effect point are measured, the total angle is also measured.
of mistakes and systematic errors, the most probable
It is evident that any adjustment to the measured
value for a quantity is mathematically determined as
value for the full length of a line or arc should be
described below:
greater than that applied to any portion. The weights
1. For a series of measurements of a single quantity, assigned to the measured values are inversely pro-
made under similar conditions, the most prob- portional to their magnitude. When a cartographer
able value is the arithmetical mean of measured decides that one survey value is probably more ac-
values. curate than another, a higher weight is assigned arbi-
trarily to that value.
2. When there is a discrepancy between the sum of the
measured values of several quantities and a known Assignment of Weights. Weights may be assigned to
value that the sum should equal, and where each observed values by any of the following methods:
value has been measured with the same degree of
1. To horizontal angles:
precision, the most probable value for each quan-
tity is obtained by distributing equally among the (a) Directly proportional to the number of measure-
measured values. For example, if the sum of the ments in each set of readings for a single angle, and
6-25
directly proportional to the number of sets of read- 1/16 + 1/12 + 1/8 = 13/48 =0.2708.
ings for each angle in a series of angles.
The adjustments are:
(b) Inversely proportional to the squares of the
probable errors. 15
A1 = 1/16 = 3.5 secs.
0.2708
(c) As designated by the surveyor or cartographer.
2. To horizontal distances: 15
B1 = 1/12 = 4.6 secs
0.2708
(a) Directly proportional to the number of times
each distance is measured, and inversely propor- 15
tional to each distance in a series of distances. C1 = 1/8 = 6.9 secs.
0.2708
(b) Inversely proportional to the squares of the The values A1, B1, C1 when added to angles A, B
probable errors. and C respectively, gives the most probable value
(c) As designated by the surveyor or cartographer. for each of the angles.
Use of Weights. In determining the most probable

values, or the adjustments to be applied to measured
Probable Error
values, weights are used as follows: The probable error in a measured value is the most
1. The most probable value (the weighted mean probable value of the resultant error in the measure-
value) of a single quantity is the sum of the ment. This is a plus-or-minus quantity that may be
measured values, each multiplied by its weight, larger than the resultant error, or smaller than the
divided by the sum of the weights; or resultant error, and its probability of being larger is
X = ny1 + ny2/y1 + y2 equal to the probability of being smaller.
Where: In determining the value of the probable error the

x = weighted mean value residual error is computed for each measured value.
y1 = weight no. 1 The value of the probable error is then computed
y2 = weight no. 2 by using the sum of the squares of the residuals as
n = measured values shown in 1 through 6 below.
for example: The following equations are based on the assumption
The value of an angle was determined to be 472430 that a large number of observations of each quantity
by a series of 4 measurements; then it was re-deter- have been made. Good results can be made from as
mined to be 472425 by a series of 6 measurements. few as ten measurements; in practice, however, the
The weighted mean value is: equations are often supplied to as few as two mea-
surements, but the results are not reliable.
(472430 4) + (472425 6)
= 472427 1. When each value in a series of measurements has
4+6
the same weight
2. Adjustments to the measured values of a series
of related quantities are inversely proportional to (a) The probable error, Em, in the most probable
the corresponding weights. When adjustments are value of the quantity is:
applied to the measured values, the results are the
most probable values of the several quantities. v2 0.6745
Em = 0.6745 = v2
For example, the three angles A, B and C, of a n(n1) n(n1)
triangle were measured at different times, angle
A by 16 measurements, angle B by 12 measure- In which is the v2 is the sum of the squares of the
ments and angle C by 8 measurements. The sum residuals, and n is the number of measurements of
of these three angles was found to be 15 seconds the quantity.
of arc less than 180 degrees. The adjustments to
(b) The probable error, e, in each value of the series of
the three angles would be:
measurements is:
Angle A, 1/16
Angle B, 1/12 v2 0.6745
Angle C, 1/8 Em = 0.6745 = v2
n1 n1
and for the sum of the angles,
6-26
in which is v2 the sum of the squares of the each 5000 units measured, or in the same proportion
residuals7, and. n is the number of measure- for a greater or lesser number of measured units.
ments of the quantity.
Horizontal Distance Measurements. The degree of accura-
(c) When solving equation (a) or equation (b), the cy for a horizontal distance measurement is determined
values of from the measured value and its probable error.
Example: if a line were determined to be 493.68 feet
0.6745 0.6745 long with a probable error of 0.08 foot, the degree
and
n(n1) n1 of accuracy is equal to one part in 493.68 divided by
0.08, or one part in 6171 parts. This is a plus or minus
can be taken from the table 26, in the Ad- quantity, and is usually written 1:6171, or 1/6171.
dendum, for any value of n between 2 and 35 Angular Measurements. For angular measurements in
inclusive. a traverse the degree of accuracy is usually expressed
2. When the values in a series of measurements of a as the ratio of the angular closing error to the square
quantity have different weights, the probable er- root of the number of angles; or:
ror, Rm, in the weighted mean value is: k n
Example: A loop traverse contains 12 angles and has

v2W
Rm = 0.6745 an angular closing error of 000230. The degree of
(n1) W accuracy would then be determined as follows:
In which v2W is the sum of the squares of the k n = 230 = 150

residuals each multiplied by its weight, n is the
number of observations, and v is the sum of the 150 150
k = n = 12 = 43.3
weights.
3. The probable error, Ea in an area represented by k n = 43 = degree of accuracy
the product of two lengths L1, and L2 having
probable errors E1 and E2 respectively, is: in which n is the number of angles affecting the clo-
sure.
2 2 2 2
Ea = L1E2 + L2E1 Traverses. The degree of accuracy for a traverse is usu-
ally expressed as a ratio of the linear error of closure
4. The probable error, Ep, in the product of a con- to the total length of a traverse.
stant; or known quantity, C, and a measured
quantity for which the probable error is E, is Example: In a traverse 15476.8 feet long, the linear
error of closure is 2.54 feet. The degree of accuracy
Ep = CE
is then:
5. The probable error, Es, of the sum of several in-
dependent measurements for which the probable 2.54 1 1
= + or , 1:6100, or 1/6100
errors are E1, E2, E3En, is: 15476.8 6093 6100
2 2 2
This would indicate that the errors would cause an
E 1 + E 2 + E 3 + . . . . . . . . En2 = E2 error of closure of approximately I foot in a 6100 foot
traverse.
6. The probable error, Ed, in the difference between
two independent measured values having prob-
able errors E1 and E2 is: PHOTOGRAMMETRY
2
E1 + E2
2
& SURVEYING
Degree of Accuracy The aerial photo is as valuable to the surveyor as
it is to the photogrammetrist or cartographer. The
The degree of accuracy is a ratio that expresses in surveyor uses the photos for delineating topography,
general terms, the accuracy attained in survey and determining meanders of bodies of - water, terrain
cartographic measurements. For example, a degree studies, computing approximate areas, survey plan-
of accuracy of 1 in 5000 indicates that there are errors ning, finding visual evidence of property boundaries,
in the measurements amounting to one unit or less in making rough measurements to check field measure-
6-27
ments, and for orienting his field location to the sur- Of course some boundaries evidenced on the ortho-
rounding terrain. photo may be accurate, but it is more accurate to view
the orthophoto as displaying physical evidence of what
The type of aerial photo used is the vertical aerial
appears to be property boundaries; in effect, adverse
photograph8 taken with high-precision aerial cameras.
boundaries.
The photos are perspective rather than orthographic
views. In a perspective view, there is no uniform
scale; therefore, an aerial photograph is not actually Ground Control
a map - maps are orthographic (each point is at right Good ground control, or the lack of it, controls the
angles to the plane) and have a uniform scale. An quality and accuracy of aerial photography (and
aerial photo could never have a perfect uniform scale orthophotography). If the photos or orthophotos are
because of the distortion and error caused by relief to be suitable for surveying or mapping, a network
displacement, camera lens characteristics, and film of ground control points must be established. This
and paper distortion.
is necessary in order to establish reliable reference
Other elements affecting the accuracy of the photo points for making the photogrammetric measure-
are the camera calibration, height of aircraft above ments. Of course, the greater the control required the
the terrain being photographed, the density and ac- higher the cost.
curacy of the ground control, the tip or tilt of the cam-
The basic control must be of a higher degree of ac-
era at the moment of exposure and the instruments
curacy than that required of the resultant survey or
used in making the measurements.
mapping projects.
Orthophotos Ground control for an aerial photo project, like that

of the field survey, must be referenced to some da-
Orthophotos are not aerial photos; rather, they are tum. For example, BLM suggests that control stations
computer-generated images of aerial photos. There established for photogrammetric projects use: (a)
are two distinct differences between orthophotos and the North American Datum of 1927 as the datum for
aerial photos. First, the orthophotos unlike the aerial horizontal control, (b) mean sea level as the datum
photo can be considered orthographic (each point on for vertical control, (c) state plane coordinates for
the photo image is at right angles to the plane). Sec- photogrammetric plotting, (d) the horizontal control
ond, the scale of an orthophoto can be considered established by the National Geodetic Survey to form
uniform throughout (that is - on a good orthophoto). the National Network as the origin for supplemen-
Therefore, an orthophoto can be considered a type of tal control on each photogrammetric project, and
map. (e) the vertical control network established by the
National Geodetic Survey as a basis for establishing
Orthophotos are produced by computerized compil-
supplemental vertical control.
ers that automatically correlate and transfer images
to a drafting film. The basic computer process in- Ground control involves locating the monuments
volves computer scanning, correlation, data storage that will be used to establish control, and targeting
and retrieval, rectification and plotting. (also called paneling) the monuments, or reference
points. Targeting involves the centering of symmetri-
Contrary to some claims, orthophotos are not totally
error-free; there always remains some minor dis- cally designed targets over the reference points. (The
placement that is inherent in aerial photography. The symmetrically designed targets must be easily identi-
quality of orthophotography is dependent on ground fiable on the photograph.)
control and the qualifications of the firm (public or
private) furnishing the product. Photoplotting Instruments
Orthophotos are beneficial to both surveying and The use of optical-mechanical devices for plotting
mapping. They contain a wealth of information that from aerial photographs is called stereophotogramme-
can be obtained rapidly and at less cost than conven- try. The instrument used is called a stereoplotter.
tional ground surveying procedures. For example,
Stereophotogrammetry is the common method used
the meanders of a river can be determined just as
for compiling map data from aerial photographs.
accurately as ground survey methods, and at less
cost. They are economically practical for mapping First-order stereoplotters are capable of achieving a
purposes such as cadastral map overlay, planning, high degree of plotting accuracy by resolving much
engineering, land development, etc. of the displacement of photo images.
Some commercial literature has contained claims that Stereoplotters such as the stereo-compare-graph are
the orthophoto accurately displays property boundaries. portable, simple to use and relatively inexpensive.
6-28
This is typical of stereoplotters used in most small The error allowable in the sum of the angles usually
surveying and mapping operations. It consists of a is taken to be equal to the square root of the number
stereoscope (for stereo viewing), measuring device, of angles multiplied by the error allowed per angle.
drawing attachment and a mechanism for aligning (However, the allowable error depends on the type of
the instrument. survey being made and the precision required.)
Other plotting devices are the reflecting projector, Example: Suppose that the error permitted in a par-
multiplex plotter, stereoplanigraph, radial planimet- ticular survey is 30 per angle. If the traverse has six
ric plotter, sketchmaster, stereotopography, multi- courses, then the allowable error is
scope, autograph, etc. (many of todays photogram- 30 6 = 30(2.45) = 73.5 sec.
metric plotters are similar in appearance, principle
and operation - but the names of the instruments The total error should not exceed the allowable error
vary somewhat between manufacturers.) by more than 1 or 2 minutes (refer to the section on
precision & accuracy).
Mechanical Phototriangulation To check the closed traverse in figure 6-36, we add
the right deflection angles and subtract the only left
A method successfully used in some cadastral survey deflection from this sum.
projects is mechanical photo triangulation whereby a
mechanical method of phototriangulation is used to 89 5950
establish positions and elevations by use of an instru- 75 2510
ment viewing a spatial model. 43 3010
103 5020
Photographic, Interpretation 126 1400
To be able to effectively use an aerial photograph, 436 17890 Sum R.D.A.

or orthophoto, one must be capable of reading the -78 5950 Sum L.D.A.
photo; that is, of recognizing the topographic features
of the photos. The skill of being able to define these = 358 11940
features is called photographic interpretation. or 359 5940
Photographic interpretation is a learned skill requir-

If the traverse formed a polygon, the difference
ing study and practice; a skill that the surveyor and
should have been 360; therefore, a total error of 20
cartographer must possess before maximum benefits
seconds exists in the survey.
can be derived from aerial photographs. (One excel-
lent source of information on this element of photo- If we assume that all of the angles were measured
grammetry is the Manual of Photogrammetry pub- equally well, the error could be distributed at the
lished by the American Society of Photogrammetry.) ends of the shortest side (CD in figure 6-36).
SURVEY COMPUTATIONS
Before a survey is complete, several computations
must be made. One simple computation is made to
see if a closed traverse forms a polygon. If the tra-
verse represents a polygon, then the sum of the inte-
rior angles must equal:
180 (n-2)
Where n is the number of sides.
Example: for a six-sided polygon, the sum of the
angles should be:
Figure 6-36
180(6-2) = 180(4) = 720
If we distribute 20 seconds (20) between the angles
If the deflection angles have been measured correctly, at the ends of CD, we would add 10 to the angle at
the difference between the sums of the right and left C and 10 to the angle at D; or LC = 752520 and LD
deflection angles should equal 360. = 433020.
6-29
The total error may be distributed equally among all where:
angles. In this case 20 6 = 3.33 or approximately
r = course length
3 seconds. To distribute this error we would add the
= (the angle which the course
correction to each right deflection angle and subtract
makes with the meridian)
it from the left deflection angle; or:
or
R 895953
Lat = 202.65(0.85491) = 173.25
R 752513
Dep = 202.65(0.51877) = 105.13
R 433013
R 1035023 Latitudes and departures are either positive or nega-
R 785947 tive. Latitudes are positive when a course has a north-
R 1261403 erly bearing (See figure 6-38). Negative latitudes de-
note a southerly bearing. Departures are positive for
The difference between the sums is equal to: courses having an easterly bearing and negative for a
westerly bearing.
436178105
785947
= 35811958
or 3595958
Latitude and Departure

Every course in a traverse may be located by construct-
ing a right triangle. The course itself becomes the hypot-
enuse of the right triangle. The legs of the triangle are
constructed so that one is parallel to the meridian and
the other is perpendicular to the meridian.
In figure 6-7, CD is one course of a survey traverse;
AB is the meridian. By drawing a line parallel to the
meridian from point C (the beginning of the course)
to point E, we have one leg of the triangle. The other
leg is a line perpendicular to the meridian from point
E to point D. This provides the right triangle CDE.
Line CE is the latitude of the course CD and line ED is Figure 6-38
the departure of CD.
Figure 6-39 gives the lengths and bearings of the tra-
verse shown in figure 6-36.
To compute the latitudes, multiply the cosine by the
length. For example, to get the latitude of course AB:
584.21 0.99786 = 582.96
The bearing is NE, so the latitude is positive, or
+582.96.
To compute the departures, multiply each sine by the
corresponding course length. For example, to com-
pute the departure of course AB:
584.21 0.06540 = 38.21
or +38.21
Figure 6-37
(refer to figure 6-38 for appropriate signs).
To find the latitude (Lat.) and departure (Dep.) from
If the traverse in figure 6-36 were a polygon, the sum
the direction of the course
of the latitudes as well as the sum of the departures
Lat = r cos should be zero; however, they do not add to zero.
Dep = r sin There is an error of +0.38 in the sum of the latitudes
6-30
Figure 6-39
and an error of +2.26 in the sum of the departures. There are several methods of balancing a traverse, but
The traverse is not a true polygon and thus does not one simple method often used is the compass rule. Us-
really start and end at the same point. ing this method, the correction factors to be applied
to the latitudes and departures can be derived by di-
viding the total errors in the sum of the latitudes and
the sum of the departures by the total length of the
survey. Referring again to the traverse of figure 6-36:
0.38
= 0.000145 (correction factor for Lat.)
2614.85
and
2.26
= 0.000864 (correction factor for Dep.)
2614.85
The table in figure 6-41 shows the unadjusted lati-
tudes and departures from figure 6-39, the correc-
tions and the adjusted latitudes and departures. The
correction values are computed by multiplying the
Figure 6-40
length of each course by the correction factors. For
example, to compute the latitude correction value for
The length of the line joining the start of a survey course AB:
with the last point of the survey is called the error of
closure. In figure 6-40 F1A is the error of closure (how- 584.21 x 0.000145 = 0.08
ever, this does not mean that the total error actually and to compute the departure correction value for
was made at this point of the survey). course AB:
To compute the error of closure (FA), add the square 584.21 x 0.000864 = 0.50
of the error in latitudes to the square of the error in
the departures, then find the square root of this sum: Since 0.08 and 0.50 are corrections, they must have
signs opposite to the signs of the errors in latitudes
(0.38)2 + (2.26)2 = 0.14 + 5.11 = 5.25 = 2.3 and departures. The adjustments are derived by add-
ing the corrections to the latitudes and departures.
or, F1A in figure 6-40 is 2.3 feet; the length of the hy-
(Refer to Chapter 9 for adding numbers with unlike
potenuse of triangle AF1G. To determine the degree
signs.)
of accuracy of the traverse in figure 6-36, refer to the
subsection on Degree of Accuracy.
Probable Distance, Probable Error,
Balancing the Traverse Degree of Accuracy Computations
Often, the error of closure will be greater than that of Using the principles and formulas discussed in the
our example; great enough to be evident on the sur- section on Survey Precision and Error, the probable
vey plat or map. It is therefore necessary to balance distance, probable error and degree of accuracy may
the survey. be computed as shown in the following examples.
6-31
Figure 6-41
Example: Two measurements of the horizontal dis- Using the formula

tance between two points have been made. Using the
formula: Es = E2
v2 0.6745 Where: The distance of

Em = 0.6745 = v2
n(n1) n(n1) Section A = 1024.3
B = 1219.8
Where: C = 0993.6
Probable error = Es
Distance #1 = 573.28
of:
Distance #2 = 573.46
No. of Measurements = n=2 2 2 2 2
E1+ E2+ E3+. . . . . . . . En
Probable error = Em
:0.6745 (from table 26)
Compute the most probable length of the line, its
n(n1) = 0.4769
probable error, and degree of accuracy
Sum of the squares of
the residuals = v2
E E2
Compute the most probable distance and probable A 1024.3 0.14 0.0196
error.
B 1219.8 0.22 0.0484
v v2
C 993.6 0.16 0.0256
573.28 0.09 0.0081
3237.7 E = 0.0936
2
573.46 0.09 0.0081

3237.7 = Most probable length
v2 = 0.0162
1146.74 sum Es = 0.0936 = 0.306
573.37 (mean) Most probable distance And the degree of accuracy
Em = 0.4769 0.0162 = 0.306/3237.72 = 1/10,590
1/10,5900 = degree of accuracy
Em = 0.0607
Dividing the probable error by the most probable Conclusion
distance we have the degree of accuracy:
The problems and mathematical solutions we have
= 0.0607/573.37 = 1/9440 discussed in this chapter are but a few of the many
1/9440 = degree of accuracy confronting the surveyor. The purpose here was to
Example: A Line was measured in three sections. demonstrate the close relationship to the mathemati-
Each section was measured twice and the most prob- cal problems that often confront the cartographer;
able length and the probable error, E, for each section and to demonstrate to the cartographer that many
has been determined by the same method applied in cadastral map problems can be solved by survey
the foregoing example. mathematics.
6-32
It would require many more pages to describe the ex- Surveyors, like cartographers, do not determine legal
tent of computations that must be performed by the ownership of real property. The surveyor merely sup-
surveyor; computations to: determine meridian (time plies the evidence needed to make that determination.
of culmination, bearing of Polaris at Elongation, solar
ORS 672.025 prohibits the practice of land survey-
observations for azimuth, etc.); photogrammetric
ing without registration. Never make the mistake of
computations; coordinate (geodetic and plane) com-
representing yourself as a qualified surveyor unless
putations; computations to correct tape length; etc.
you are registered as an Oregon professional land
Many are similar to those explained in Chapter surveyor or registered professional engineer.
9.Others have little relation to mapping. But, any pro-
ficiency acquired in performing survey mathematics ORS 209.250 requires registered engineers and reg-
will surely prove beneficial to the cartographer if for istered land surveyors to file field notes and survey
no other reason than to gain an appreciation of the maps with the county surveyor. Such information
magnitude of the task facing the land surveyor. filed with the surveyor is a public record. Registered
survey maps are required by ORS 672.025 to have the
official seal of the surveyor or engineer.
COUNTY SURVEYORS
If the registered surveyor or engineer seal is riot on
ORS 204.016(2) requires that a county surveyor be ei- a survey, the survey should not be used for cadastral
ther a registered professional engineer, or a registered map purposes unless recommended by the county
professional land surveyor. surveyor. The courts seldom recognize surveys made
To be registered, he must have the knowledge of math- by nonqualified individuals. However, Oregon law
ematics, physical and applied sciences, techniques of does not require the filing of state highway surveys
survey measurement and the relevant requirements with the surveyor. Most governmental agencies au-
of the law. He is therefore qualified to make value thorized to execute surveys do not stamp surveys
judgments on surveys. If you are confronted with with surveyor or engineer seals. If the survey is ex-
problems relating to a survey being used for map- ecuted by one of those agencies, it may (and should)
ping purposes, consult your county surveyor. be used in the cadastral map process.
6-33
7
CHAPTER
MAP PROJECTION
AND COORDINATES
7-1
7-2
1924 The International Geodetic Association adopted
INTRODUCTION the International Ellipsoid. This configuration was so
mathematically close to Clarkes that the U.S.C. and
G.S. decided to retain Clarkes spheroid.
There is nothing new about coordinates. They have
been used for centuries to locate positions on the sur- 1933 Dr. O. S. Adams, senior mathematician for the
face of the earth. They were used by ancient survey- U.S.C. and G.S., developed the state plane coordinate
ors for planning and surveying cities, such as Rome. system (as used by Oregon).
They were relied upon by cartographers for construc- 1938 The U.S.C. and G. S. developed the math-
tion of navigational charts, and by the navigators ematical coordinate tables for Oregon.
who used the charts. The township and range pat-
tern developed by the U.S. public land survey is one 1945 The Oregon Coordinate System was given legal
type of coordinate system; however, not a true plane status. 2
rectangular coordinate system of the type described 1952 The U.S.C. and G.S. published the Plane Coordi-
in this chapter. nate Projection Tables for Oregon.
The idea of using plane coordinates for map control 1959 The Oregon Department of Revenue began
is relatively new to cadastral cartography. The major using the Oregon Coordinate System for base map
reason for the slow transformation to coordinate control.
based control is that cartographers, like surveyors,
have been reluctant to use coordinates in belief that
coordinate systems are highly technical and involve LEGAL STATUS OF THE
the use of many complicated formulas. The fact is, co-
ordinates are based on some rather simple concepts. OREGON COORDINATE
The plane rectangular coordinate system described
in this chapter is legally called the Oregon Coordinate
SYSTEM
System.1 To fully appreciate this system, it will be
The Oregon Revised Statutes contain the technical
necessary to describe map projection systems and the
constants that are important to the system; such as the
legal requirements for using the Oregon Coordinate
location of the North and South zones, the required
System. map projection, the required geoid, the location of
The Oregon Revised Statutes designate what map the standard parallels, the origin of coordinates, the
projection is to be used what spheroid is to be used, use of X and Y for coordinate identification and
and what triangulation datum is to be used. The fol- the requirements for noting the system on maps and
lowing chronological list of developments will help records.
in understanding the statutory requirements; and it It is important to study the laws before applying co-
will provide you with a proper perspective of coordi- ordinates to cadastral maps.
nate development.
ORS 93.320 Oregon Coordinate System; Zones. (1)
The system of plane coordinates which has been
Significant Dates of State Plane established by the United States Coast and Geodetic
Coordinate Development Survey for defining and stating the positions of loca-
tions of points on the surface of the earth within the
1772 (87 years prior to Oregon Statehood) J. H. Lam- State of Oregon is known and designated as the Or-
bert, a Swiss surveyor and mathematician, developed egon Coordinate System.
the conic conformal map projection. Contrary to popular
belief, Lambert did not develop the rectangular coor- (2) For the purpose of the use of this system the state
dinate system. is divided into a north zone and a south zone.
1841 Bessel computed the shape of the earth. The (3) The area included in the following counties on
U.S.C. and G.S. used Bessels computations until June 16, 1945, constitutes the north zone: Baker, Ben-
1880. ton, Clackamas, Clatsop, Columbia, Gilliam, Grant,
Hood River, Jefferson, Lincoln, Linn, Marion, Mor-
1866 Alexander R. Clarke, a British geodesist, de- row, Multnomah, Polk, Sherman, Tillamook, Uma-
veloped more precise measurements of the earth. tilla, Union, Wallowa, Wasco, Washington, Wheeler
(Clarkes configuration is called Clarkes spheroid by and Yamhill.
ORS 93.330)
(4) The area included in the following counties
1880 The U.S.C. and G.S. adopted Clarkes spheroid. on June 16, 1945 constitutes the south zone: Coos,
7-3
Crook, Curry, Deschutes, Douglas, Harney, Jackson, (2) As established for use in the south zone, the Or-
Josephine, Klamath, Lake, Lane and Malheur. egon Coordinate System shall be named, and in any
land description in which it is used it shall be desig-
(5) The use of the term Oregon Coordinate System
nated the Oregon Coordinate System, South Zone.
on any map, report or survey or other document, is
limited to coordinates based on the Oregon Coordi- (3) When any tract of land defined by a single descrip-
nate System as defined in ORS 93.330. tion extends from one into the other of the coordinate
zones mentioned in ORS 93.320, the position on its
The Technical Constants are provided in the follow-
boundaries may be referred to either of those zones,
ing statute.
the zone which is used being specifically named in
ORS 93.330 Definition. (1) For more precisely defin- the description.
ing the Oregon Coordinate System, the following
The X and Y identification of coordinates is de-
definition by the United States Coast and Geodetic
scribed in the following statute.
Survey is adopted:
ORS 93.350 Plane Coordinates. The plane coordi-
(a) The Oregon Coordinate System, north zone, is a nates of a point on the earths surface, used in expres-
Lambert conformal projection of the Clarke Spheroid sion the position or location of such point in the ap-
of 1866, having standard parallels at north latitudes propriate zone of the Oregon Coordinate System shall
44 degrees 20 minutes and 46 degrees 00 minutes, consist of two distances, expressed in feet and deci-
along which parallels the scale shall be exact. The mals of a foot. One of these distances, to be known as
origin of coordinates is at the intersection of the me- the X-coordinate, shall give the position in an east
ridian 120 degrees 30 minutes west of Greenwich and and west direction; the other, to be known as the Y-
the parallel 43 degrees 40 minutes north latitude. This coordinate, shall give the position in a north-south
origin is given the coordinates: X = 2,000,000 feet and direction. These coordinates shall be made to depend
Y = 0 feet. upon and conform to the coordinates, on the Oregon
(b) The Oregon Coordinate System, south zone, is a Coordinate System, of the triangulation and traverse
Lambert conformal projection of the Clarke Spheroid stations of the Coast and Geodetic Survey within the
of 1866, having standard parallels at north latitudes State of Oregon, as those coordinates have been de-
42 degrees 20 minutes and 44 degrees 00 minutes, termined by that survey.
along which parallels the scale shall be exact. The The following statute should be carefully studied
origin of coordinates is at the intersection of the me- before noting Oregon Coordinate System on maps
ridian 120 degrees 30 minutes west of Greenwich and and records.
the parallel 41 degrees 40 minutes north latitude. This
origin is given the coordinates: X = 2,000,000 feet and ORS 93.360 Coordinates exempted from recorda-
Y = 0 feet. tion. No coordinate based on the Oregon Coordinate
System, purporting to define the position of a point
(2) The position of the Oregon Coordinate System on a land boundary, shall be presented to be recorded
shall be marked on the ground by triangulation or in any public land records or deed records unless
traverse stations established in conformity with the that point is within one-half mile of a triangulation
standards adopted by the United States Coast and or traverse station established in conformity with the
Geodetic Survey for first-order and second-order standards prescribed in ORS 93.330. However, the
work whose geodetic positions have been rigidly one-half mile limitation may be modified by an au-
adjusted on the North American datum of 1927, thorized state agency to meet local conditions; or (2)
and whose coordinates have been computed on the an electronic distance-measuring device is employed
system defined in this section. Any such station may to obtain position of the point in conformity with the
be used for establishing a survey connected with the standards prescribed in ORS 93.330.
Oregon Coordinate System.
The object of ORS 93.360 is to prevent the misrep-
The requirements for noting the Oregon Coordinate resentation of points or monuments, as being accu-
System in land descriptions, is clearly defined in ORS rately tied to the Oregon Coordinate System. 93.360
93.340. does not prohibit showing coordinate grid ticks and
X Y intersections on cadastral maps.
ORS 93.340 Use of terms in land descriptions. (1)
As established for use in the north zone, the Oregon ORS 93.370 is another precautionary measure. The
Coordinate System shall be named, and in any land statute reflects a long established rule that any survey
description in which it is used it shall be designated measurement cannot overcome or outweigh the physical
the Oregon Coordinate System, North Zone. evidence of a monument or corner. A corner, as set on the
7-4
ground, is that corner or monument for which it was The surface of the earth cannot be developed into
established. a plane without some degree of distortion in land
shapes, angles and scale; because the only true plane
ORS 93.370 If coordinates based on the Oregon
on the earths surface is at the point of tangency of
Coordinate System are used to describe any tract of
the plane and spherical surface (position A in fig-
land which in the same document is also described
ure 71).
by reference to any subdivision, line or comer of the
United States public land surveys, the description by The distortion resulting from the projection of radi-
coordinates is construed as supplemental to the basic als from the curved to the plane surface is evident in
description of that subdivision, line or corner con- figure 71. If the earth were merely a circle, the prob-
tained in the official plats and field notes of record. In lem of transformation would be simple; however, the
the event of any conflict the description by reference problem is compounded by the fact that the earth is
to the subdivision, line or corner of the United States spherical and the distortion exists in every direction
public land survey prevails over the description. at every point of tangency.
ORS 93.370 should not be hastily evaluated. First of The difference between the geometric relationship on
all, the statute is referring to descriptions, not sur- the sphere, as compared to that of the plane, is the
veys. It is not implying that resurveys or retracement difference in scale expressed as a ratio. For example,
surveys should be ignored. A retracement survey if we were to produce a world globe with identical
that locates an original corner, as it was placed on geometric relationship to the earths sphere, the scale
the ground, would not be subordinate to original factor would be 1.0 (or S.F. 1.0). S.F. 1.0, however, can-
plat distances and bearings even if coordinates were not exist when transferring the spherical surface to
used to describe that corner. This is based on a long the plane surface; but, as we shall see, it can be very
standing rule that the location of a corner as it was placed close to S.F. 1.0.
in the ground by the original surveyor is, for all practical
purposes, indisputable. There are many different types of map projections;
each designed for a specific application. There are a
The following example should clarify ORS 93.370. A number of ways the projections can be categorized;
deed calls for the four comers of a parcel of land by however, they basically fall into three categories
coordinates. The deed further describes the land as
section 7 of a certain township. By comparing the lo- (1) Conformal map projections, (2) equal-area projec-
cation of the parcel by coordinates, with the location tions, and (3) asimuthal projections. Each category of
of section 7 by the U.S. public land survey, it appears projection is broken down by the specific method in
as though something other than section 7 is being de- which the projection has been developed. The follow-
scribed. At this point one thing is certain, as per ORS ing is a list of some better known projections:
93.370 the parcel is section 7 and nothing else. If the
1. CONFORMAL PROJECTIONS
coordinates were from an U.S. dependent survey and
a. The Universal Transverse Mercator. (a
they represented the comers as found by that survey,
Cylindrical conformal projection)
the coordinates must be used; but the parcel of land
b. Lamberts Conic.
they represent will be section 7 and nothing else.
c. Stereographic.
Although the statutes are strict as to how the Oregon 2. EQUAL-AREA PROJECTIONS.
Coordinate System is to be used, they only permit a. Albers Conic.
rather than require its use, as evidenced by ORS b. Boones Conic.
93.380. c. Cylindrical.
d. Sinusoidal (pseudocylindrical).
ORS 93.380 Purchaser or mortgagee not required
e. Moilweides (pseudocylindrical).
to rely on descriptions. Nothing contained in ORS
93.320 requires any purchaser or mortgagee to rely f. Eckerts IV (pseudocylindrical).
on a description of which depends exclusively upon g. Flat Polar Quartic (pseudocylindrical).
the Oregon Coordinate System. h. Lamberts Azimuthal.
3. AZIMUTHAL PROJECTIONS
a. Stereographic (conformal).
b. Azimuthal (equidistant).
MAP PROJECTION c. Lamberts Equal Area.
d. Orthographic.
Plane coordinates must be developed on a plane sur- It is important to appreciate that no one-map projec-
face.3 The development of a plane surface that will tion can be said to be better than any other. Each has
represent features of the earths spherical surface is special characteristics that makes it suitable for spe-
called map projection. cific applications.
7-5
Conformal Map Projections egorized as equal-area projections. In an azimuthal
projection, the lines radiating from the center of the
In elementary terms, the conformal map projection projection have correct bearings. The azimuthal map
is a projection that shows small areas in their proper projection is ideal for showing polar caps, continents,
shape. At any position in a conformal projection, the educational maps and lunar maps.
scale along the parallel and meridian is S.F. 1.0. This
category is best suited to cadastral cartography. The Other Map Projections
mechanics of conformal map projections will be clari-
fied later in this chapter. In addition to the conformal, equal-area and azi-
muthal map projections, there are many special pur-
Equal-Area Map Projections pose map projections, such as:
1. Cahills Projection.
The equal-area map projections are projections that
2. Goodes Homolosine EqualArea Projection.
maintain a constant ratio of areas, but at the expense
3. Galls Stereographic Projection.
of true land shapes. Some equal-area projections,
4. Werners Projection.
however, are near conformal, i.e., Albers Conic. With
5. Millers Cylindrical Projection.
this type of projection, the scale in a north-south di-
6. The Gnomic Projection.
rection usually differs from the scale in an east-west
7. The Bipolar Conic Projection.
direction. Some equal-area projections are combined
8. Van der Grinten Projection.
with azimuthal projections, i.e. Lamberts Equal-Area
9. Goodes Polar Projection.
Azimuthal. Examples of the cartographic use of equal-
10. Denoyers SemiElliptical Projection.
area projections may be found in polar maps, statis-
11. Fullers Polyhedron Projection.
tical maps, and maps of political subdivisions (of a
12. Hammers Projection.
country or continent). 13. Boggs Eumorphic Projection.
Some of the above map projections are special equal-
Azimuthal Projections area projections.
Basically, azimuthal projections show the azimuth or This discussion, thus far, has been to emphasize the
direction from the central point on the projection to broad scope of map projections. However, further
other points on the earths surface. Many are similar details on any but conformal map projections are
in appearance to equal-area projections; some are cat- beyond the scope of this manual. For those interested
7-6
in pursuing the subject of map projections, there are as that illustrated in figure 7-3, we have a transverse
many excellent books and treatises on the subject. cylindrical projection. The axis of the U.T.M. lies in the
As earlier stated, the main requirement for plane plane of the equator; therefore, it is a transverse cylin-
coordinates is to maintain the spherical relationship drical projection.
on a plane at a scale factor as close as possible to 1.0.
The conformal map projection meets that requirement.
The two conformal map projections that are ideally
suited to plane coordinates are The Universal Trans-
verse Mercator (abbreviated U.T.M.) and The Lambert
Conformal.
Universal Transverse Mercator

Although the Lambert Conformal map projection is
the base for the Oregon Coordinate System, the Uni-
versal Transverse Mercator exists on maps of Oregon,
such as the U.S.G.S. quadrangle maps. It is therefore
important that the cartographer understand the ele-
ments of this map projection.
The Universal Transverse Mercator, or U.T.M., is a
cylindrical conformal projection. It is the best known of TRANSVERSE CYLINDRICAL PROJECTION
all map projections, and it is the map projection used Figure 7-3
as the base for state plane coordinates in nineteen
states. In figures 7-2 and 7-3, the cylinder cuts the earths
sphere rather than lying in tangent plane5 with the
Mercator used an imaginary cylinder as the develop- earths sphere. It is therefore known as a secant plane.
able base for his projection. The cylinder is used be- If the cylinder were in a tangent plane with the earths
cause it is round (to coincide with the earths sphere), sphere, there would only be one standard parallel,
and it has a plane surface.4 which would provide only a small developable zone.
If the anterior-posterior axis of the earth is parallel On the other hand, the secant plane (exaggerated in
with the axis of the cylinder, such a figure 7-2, then figures 7-2 and 7-3) provides two standard parallels
we have a cylindrical projection. with a wider developable zone. Developable zones will
become clearer after reading the section on Lamberts
conformal projection.
The developable zone of the U.T.M. extends in a
north-south direction. It is therefore very accurate in
that direction, but the scale factor varies in an east-
west direction. Therefore, the U.T.M. is best suited
for plane coordinates in states that extend mostly in a
north-south direction. Suprisingly enough, California
is on the Lambert system rather than the U.T.M.
Lambert Conformal
The Lambert conformal projection is used in thirty-
one states as a base for state plane coordinates (three
states use both the U.T.M. and the Lambert Confor-
mal map projections). In contrast to the Universal
Transverse Mercators cylindrical projection, Lam-
bert developed his projection on a conic plane. There-
fore, the technical name for Lamberts projection is
the Lambert Conic Conformal Projection (C.C.P.).
CYLINDRICAL PROJECTION
The Lambert C.C.P. is true to scale in an east-west di-
Figure 7-2
rection, but its scale factor varies in a north-south di-
If, on the other hand, the anterior-posterior axis of the rection. It is therefore best suited to states that extend
earth is at right angles to the axis of the cylinder such mostly in an east-west direction, e.g. Oregon. The fol-
7-7
Figure 7-5
Figure 7-4
lowing is a detailed explanation of the Lambert Conic

Conformal Projection.
Lamberts goal was to develop a plane that would
conform to the surface of the earth so that rectangu-
lar coordinates could be projected on that plane. To
develop tile idea, consider the diagram in figure 7-4,
wherein the circle represents the earth, and triangles
x1-a-a1 and x-b-b1 represent two cones projected on a
tangent plane to the earth.
If at any point along a parallel of latitude such as aal,
tangents are drawn in the various meridian planes.
These tangents, or elements, intersect the polar axis
of the earth at some point (x1 to define the cone xl-a-a1
In a similar manner, tangents may be drawn from the
extremes of any other parallel of latitude such as b-bl
to define a second cone xbbl. Obviously, in any small
region adjacent to these parallels the surface of the
earth and that of the corresponding cones are nearly
coincident.
In figure 7-5 the cone x1-a-al was developed. With the
point of origin 0, a system of rectangular coordinates
can be superimposed over the developed plane.
CONIC CONFORMAL PROJECTION
At point 0 there is no distortion, either linear or an-
gular. The central meridian points to geodetic (true) Figure 7-6
north; the grid north and geodetic north coinciding at
any parallel of latitude, such as ccl, there will be dis-
point 0. Along the parallel of latitude aal there is no
distortion in linear distances; however, at any point tortion in angles and correction in distance. These are
such as B there will be angular distortion 0 (the- the basic elements of Lamberts projection.
ta), since the geodetic meridian converges at the pole Thus far, the conic projection has been developed on
(x1); whereas the coordinate grid lines are parallel. On a tangent plane; therefore, it is not a conformal pro-
7-8
jection. As pointed out in the section on the Universal To relate figures 7-6 and 7-7 to the Oregon Coordinate
Transverse Mercator, a tangent plane only provides a System, examine the map of Oregon in figure 7-8.
small developable zone. To provide a developable zone
accurate enough for state plane coordinates, the conic
projection must be developed on a secant plane; that
is, a plane that cuts the earths sphere at two points as
illustrated in figure 7-6. Figure 7-7 illustrates the scale
factors of the projection in figure 7-6.
Instead of only one parallel of latitude (such as a-
a, in figure 7-4) along which there is no distortion, Figure 7-7
there will be two standard, parallels within the limits
of projection as determined by the two ends of the Each zone of the Oregon Coordinate System is a
separate Lambert Conic Conformal projection. The
secant plane where angular and linear errors may
south zone has standard parallels at north latitudes
be disregarded and the rectangular coordinates may
4220 and 4400. The central meridian is at longitude
be used without appreciable error. (The same basic 12030. Theoretically, the limits of projection would
principle of secant planes and developable zones also lie at north parallels 4155 and 4425; however, the
applies to the U.T.M.) U.S.C. and G.S. tables, for the south zone, begin at
In areas A and B, the scale factor will be greater north latitude 4140 and run to north latitude 4500.
than true. In the areas between the standard parallels The scale factors at the standard parallels are 1.0 (or
the scale factor will be slightly less than true. exact). The scale factors of the north limit of projec-
Figure 7-8 POINT OF ORIGIN SOUTH ZONE
7-9
tion is S.F. = 1.0004088. The scale factor of any south intersecting straight-line axes along lines parallel to
zone factor may be found in table 17 under the col- the axes.
umn marked Scale Expressed as a Ratio.
Figure 7-9 is an illustration of the important elements
of cartesian coordinates.
CLARKES SPHEROID The system of perpendicular straight lines is called
the graticule of the coordinate plane or coordinate grid.
The earth, because of its bulges and flat spots, is not The horizontal lines of the coordinate grid run paral-
a true sphere. The large deformations from the true lel to a line called the X-Axis. The vertical lines of the
sphere are called oblateness. grid run parallel to a line called the Y-Axis. The X-
The true geometric shape of the earth is an ellip- Axis and the Y-Axis are called the coordinate axes. The
soid. Clarkes mathematical configuration is called point of intersection of the coordinate axes is called
Clarkes Spheroid (ORS 93.330). A configuration of the point of origin. In a cartesian coordinate system the
the surface of the earth that is everywhere normal to point of origin has the coordinates X=O, Y=O. As we
shall see in the discussion on the Oregon Coordinate
the direction of gravity and coincides with mean sea
System, the point of origin can be assigned other co-
level is called the geoid.
ordinate values.
The methods used to determine the true shape of
The pair of values that define a particular point in a
the earth are complex and beyond the scope of this
coordinate system such as point A in figure 7-9 are
manual. The important point to remember is that any
called coordinates of that point. A coordinate is made
map projection not based on the true shape will not
up of an X value called the abscissa, and a Y value
be accurate.
called the ordinate. In cartesian and state plane coor-
Clarkes spheroid has withstood more recent com- dinate systems, the abscissa should be shown first;
putations; however, new satellite measurements however, this rule is not always adhered to. Every
will soon furnish more accurate measurements of point on a coordinate system has only one set of coordi-
the ellipsoid. If the new configuration is consider- nates, and each pair of coordinates represent only one
ably different from Clarks Spheroid, it may be used point in the coordinate plane.
when the Oregon Coordinate System is revised in the The numbers that follow the X and Y letters of the
1980s. coordinates are called constants of that point. In figure
7-9, point A has the constants 3 and 1.5.
COORDINATE PRINCIPLES The distance between the lines of the coordinate grid,
as designated by the numbers along the axes, is called
the numerical grid scale (abbreviated N.G.S.).
Rectangular coordinates, as used in higher mathe-
matics and state plane coordinates are cartesian coordi- In a cartesian coordinate system the coordinate
nates. Cartesian coordinates are two coordinates that axes divide the coordinate plane into quadrants. In
locate a point on a coordinate plane. The coordinates figure 7-9, X and Y coordinates in the first quadrant
of a cartesian coordinate system are measured from are positive or plus values. X and Y coordinates in
Figure 7-9
7-10
the third quadrant are negative or minus values. In (or first) quadrant of a cartesian coordinate system,
the second quadrant the X values are negative and where all values are positive. All coordinates then are
the Y values are positive. In the fourth quadrant the either measured north or east. The coordinate grids,
X values are positive and the Y values are negative. however, are measured east and west of the central
Negative constants are to be preceded by a minus meridian, where x = 2,000,000 feet.
sign (). Positive constants are not preceded by a
sign (as in mathematics). All northerly coordinate grid lines are grid north and
are parallel with the central meridian. The only grid
One of the major differences between the Oregon Coor- line that runs to geodetic north in the entire system
dinate System and regular cartesian coordinate system is the central meridian (12030). All horizontal grid
is that the Oregon Coordinate System has no negative lines are parallel with the X-Axis and are at right
values. angles to grid north.
To plot a coordinate point, the abscissa is measured Figure 7-11 represents a coordinate grid with a nu-
from the y-axis and the ordinate from the x-axis. The merical grid scale of 1,000 feet. This is the N.G.S. for
intersection of the two measurements is the coordinate a 1 100 scale cadastral map. The zone is the North
point. Zone.
The beauty of plotting by coordinates is that all The point of origin and the XY axes of the Oregon
measurements are made in vertical and horizontal Coordinate System He far to the east and south of the
directions; there is no need to plot lines by bearings. map; however, we still need an XY axis. Because all
Another positive feature is that measurements are measurements will be made in an easterly direction,
made from the nearest grid lines; therefore, distances a reference axis is established with a reference point
can be plotted by only making one measurement in
of origin at point 0. The coordinates for point 0 are
each direction.
X = 1,300,000 and Y = 566,000; therefore, point 0 is
700,000 feet west of the central meridian and 566,000
THE OREGON feet north of the point of origin of the zone.
This grid is constructed by measuring grid points
COORDINATE SYSTEM at 1,000-foot intervals north and east of point 0, and
by drawing a rectangular grid network from these
All of the elements of a cartesian coordinate system, points. To locate a coordinate point on this grid, for
except for negative values, exist in the Oregon Coor- example, X 1,303,175 and Y 568,201, locate the grid
dinate System. intersection nearest to the given coordinates. In this
case point A at X 1,303,000, Y 568,000. Next measure
To develop the idea of the Oregon Coordinate Sys-
175 feet grid east along the grid parallel Y = 568,000.
tem, consider the pair of lines in figure 7-10. The y-
Then running parallel with the y-axis, measure 201
axis of the system is called the central meridian. It is
feet grid north to point B, which is the given coordi-
the meridian used in both the north and south zones.
nate point X 1,303,175, Y 568,201.
The central meridian is located at longitude 12030.
The rule for labeling coordinates is to use the letters
X and Y added to the constants, with the X value (or
abscissa) written above the Y value (the ordinate) as
shown at point B in figure 7-11. The Highway Divi-
sion of the Oregon State Department of Transporta-
tion uses the letters N (for north) and E (for east) to
identify the X, Y coordinates. The letter N designates
the Y coordinate and the letter E designates the X co-
ordinate. The Highway Division also labels the ordi-
nate before the abscissa, as shown at point C in figure
7-11. The B.P.A. uses the standard XY identification.
Geodetic north can be converted from grid north by
using simple trigonometric formulas and the projec-
Figure 7-10
tion tables in the addendum. The tables may also be
To eliminate negative values the x point of origin used to establish geodetic coordinates (latitude and
(zero) is in the Pacific Ocean and each Y point of longitude). The procedures for determining theta (0)
origin lies south of, and out of the pertinent zone. and geodetic coordinates may be found in Chapter 9
Therefore, each zone can be said to lie in the NE on Computations.
7-11
Figure 7-11
When converting grid bearings to geodetic bearings, The above formulas are illustrated in figure 7-13.
or geodetic bearings to true bearings, theta must be
The geodetic azimuth of a line is its true azimuth. The
used carefully. The following diagrams indicate the
sign relationships between angle 0 and quadrant difference between grid and geodetic azimuth of any
bearings. The formulas for converting bearings are line passing through a single point is nearly constant.
shown in each quadrant. (Fig. 7-12) It is represented by theta, as shown opposite the lon-
gitudes in tables 16 and 18.
Figure 7-12 applies to quadrant bearings (N 4530
E is a quadrant bearing in the NE quadrant). When
azimuths are used, all angles are measured clockwise
The Rectangular Grid
from south and approximate values of the geodetic It would be logical to assume that establishment of
(true) azimuth are determined by the formulas: the Oregon Coordinate System would mean that the
Grid = Geodetic Az (W of 12030) grid intersections are located and monumented on
Grid + = Geodetic Az (E of 12030) the ground. However, there is an infinite number of
7-12
Figure 7-13
N.G.S.s and an infinite number of grids; therefore, it Cartographers must always study each survey to de-
would be impossible to monument a grid with a nu- termine whether or not the coordinate system is local
merical grid scale satisfactory for all purposes. Such or on the Oregon Coordinate System.
a project would be financially impossible. Therefore,
If a local coordinate system is used, the methods for
the grid is not monumented.
plotting are the same as with the Oregon Coordinate
Instead of attempting to monument a grid, triangu- System; however, it is important to try to establish a
lation networks have been established and monu- tie to the Oregon Coordinate System so that the local
mented. Each triangulation station is tied to the Or- coordinates can be converted to that system. Some lo-
egon Coordinate Grid and the geodetic grid. These cal coordinates are difficult to plot because the local
triangulation stations are used by surveyors and grid was not projected as a conformal map projection;
cartographers to tie comers, monuments and lines to however, the scale factor is usually so close to 1.00
the coordinate system. that the coordinates can be made to fit control.
The U.S.C. & G.S. has established a national system If difficulty is experienced with a local coordinate
of triangulation which provides stations for nearly system, it is best to plot the survey information by
every locality; and it allows for expansion of surveys direction methods (bearings, angles and distances).
over great distances, while still providing correct
Most surveys made today will be on the Oregon
azimuths throughout the survey. By checking other
Coordinate System rather than local coordinate sys-
triangulation points, the surveyor can avoid closing
tems.
the survey to the beginning point of the survey. Many
triangulation monuments have been set by organiza-
tions other than the U.S.C. & G.S., e.g. the Oregon
State Department of Transportation, U.S. Army Corp.
ENDNOTES
of Engineers, the U.S.G.S. and U.S. Forest Service.
1
ORS 93.320.
For applying coordinates to cadastral cartography,
see Chapter 11 on Basic Map Control.
2
ORS 93.320 to 93.380.
3
A plane surface is a flat surface.
LOCAL COORDINATES 4
We think of a plane surface as being flat, which a cyl-
inder is not. But when unrolled, a cylinder becomes
a plane surface.
Often surveyors establish coordinate systems that are
not oriented to the Oregon Coordinate System. These 5
The plane surface in fugure 7-1 is lying in a tangent
coordinate systems are called local coordinate systems. plane with the earths surface.
7-13
8
CHAPTER
ROUTE SURVEYS
8-1
8-2
cal and horizontal control is established; the traverse
INTRODUCTION of the route is made and route stationing is assigned;
profiles are run; topography and elevations are sur-
Route surveys are the surveys of highways, public veyed; and the location survey maps are prepared.
streets, county roads, government access roads (State For the most part, this will represent the general loca-
forest roads, National forest roads, etc.), electrical tion of the route.
transmission lines, railroads, canals, and pipelines. The next step is to make the final location survey.
The advantages of having route survey data for the This is done after engineers have evaluated the pre-
control of a cadastral map outweigh those of any liminary survey and refined the location to expedite
other map-reference source, or combination of refer- construction, reduce construction costs, improve the
ence sources; e.g., deeds, photos, property surveys, balance of cuts and fills, etc.
surveys of the public lands of the U.S., quadrangle The final step is the construction survey made to set
maps, etc. The route survey facilitates map control by line and grade stakes.
providing a consistent base for analytical bridging;
by providing the best obtainable accuracy in map The first important documents of the location survey
triangulation; by supplying information about abut- are the surveyors field notes; a record of all survey
ting surveys, deeds and ownership; and by providing work done in the field. They are probably the most
control over large areas (sometimes county-wide). valuable of any of the route location documents,
except the right-of-way deeds. Although they vary
STEPS USED IN somewhat from surveyor to surveyor, most field
notes contain the (1) title of the survey, (2) loca-
ESTABLISHING A ROUTE tion of the route, (3) date of the survey, (4) name of
each member of the survey party, (5) duties of each
member of the survey party, (6) project, (7) weather,
The first step in establishing a route is area reconnais- (8) precision of the survey methods and equipment,
sance to select the areas most desirable for the route.
(9) monuments found and set, and (10) all measure-
If the route is for transportation, the area reconnais-
ments taken in the field.
sance might be preceded by a study made to deter-
mine the load and volume requirements of the route, The field notes also include rough sketches to clarify
and to evaluate the traffic requirements. survey data: points tied to, lines and points of mea-
surement, and computations. Figure 8-1 is an exam-
Reconnaissance today requires walking the ground;
ple of highway field notes for a section of highway in
examining aerial photos, maps (including cadastral
Curry Co. (except, modified to show how corner tied
maps) and deeds: and obtaining statistical data on
to survey).
population, drainage, land use, land values, vegeta-
tion, weather and other factors that will either influ- Surveyors seldom bother to plot the sketches to scale.
ence the router or will be influenced by the route. The data is the important factor here.
When one or more areas have been selected as poten- Often, the surveyor, draftsman or cartographer will
tially desirable for the route, another reconnaissance omit certain field note data from the route survey
is made to evaluate each possible site for the route. drawing. For example, the highway strip map of the
This is known as the route reconnaissance. The proce- Ferrelo-Wholehead section might exclude the tie to
dures are generally the same as the area reconnais- the section corner of sections 10, 11, 14 and 15, but as
sance, except the study is more detailed. The process figure 8-1 illustrates, the data can be obtained from
includes a general survey of each site to establish the the field notes.
site topography, determine the approximate route
alignment and prepare cost estimates. Field notes are often typed and copied in an ad-
vanced form of presentation, but the original notes
At this point extensive studies are made and public are retained for reference (either in their original
hearings are held to determine the impact of each form or on microfilm). The notes of public routes
route on the social, legal, economic, political and (highways, county roads, and city streets) are public
natural environmental elements of the proposed records and are readily available for inspection. They
routes. It is at this step that public input determines can be viewed in the office of the county surveyor or
the general location of the route.
county road department (for county roads), the city
After final determination of the route, a preliminary engineers office, or city public works office (for city
location survey is executed. This is made to provide the streets) and the State Department of Transportation
base for planning and engineering. At this step verti- district offices or Salem office (for State highways).
8-3
Figure 8-1
The following are the symbols and abbreviations

= foresight
used in field notes:
B.S. = backsight
= transit point + = backsight
= found corner H.I. = height of instrument
= transitman = height of instrument
CL = centerline Ah = ahead
1/4 s.c. = quarter section corner Bk = beack
1/4 sec. cor. = quarter section corner Ts = semi-tangent (spiral)
triangulation station (sometimes used T = semi-tangent (circular curve)
=
instead of circle for transit point) R = angle turned right
= section corner
2 1
11 12 L = angle turned left
Stk. = stake Sta. = station
Tk. = tack Dist. = distance
T.P. = turning point
B.M. = bench mark
When referring to the surveyors field notebook (or
= crow foot (a mark made)
for that matter any official survey document), never
c.f. = crow foot (a mark made)
mark, erase, cross out or otherwise alter the notes in the
F.S. = foresight book (or document).
8-4
Route surveys can be very complex; often requir- and the recent purchase of additional right-of-way.
ing extensive mathematical computations especially Important reference data, in Figure 8-2, is identified
where curves are involved (in road, highway and by circled numbers, and are as follows:
railroad surveys). You will note, in this chapter, that
the mathematics of the curves has not been avoided; 1. The 1R numbers are Highway Division file
to the contrary, the mathematics and curve geometry numbers of special drawings of the quarry site.
has been stressed. This is because the curve is not 1R drawings are also used for stockpile sites,
designed as just a curve; it is a mathematical con- roadside rest areas and parks. Copies can be ob-
figuration designed to meet specific requirements. tained from the Department of Transportation.
For example, spiral curves are designed to balance 2. The wording relinquished to Govt. indicates
centrifugal forces in an automobile by changing the the property has been transferred to the U.S.;
degree of curvature at a constant rate. In order to ac-
however, the wording alone (especially on a
curately plot the curves you will eventually have to
drawing) is insufficient to establish current own-
learn to work the many curve formulae (especially
ership. But it at least provides a starting point for
when curve tables are unavailable or when they will
research on the ownership of the property.
not supply the needed values). If you have difficulty
with the formulae, review the chapter on cadastral The wording on 1R drawings should be examined
mathematics to ascertain that you are performing the carefully. Often the State is only a lessee of the site
operations in proper order. (quarry site, stockpile site, etc.) not the owner in fee
(this is especially true of sites in National Forests; and
HIGHWAY SURVEYS even right-of-ways in the National Forests). Also, the
1R drawings or highway strip maps might contain
Highway surveys are of primary importance in estab- wording that shows that State acquisition of the site
lishing base cadastral map control, and in cadastral was disapproved.
map maintenance. 3. The deed RX number 4419 is a Highway Divi-
When used for map control the highway strip maps sion file number for right-of-way deeds. A copy
provide the locations of section comers, one-quarter of the deeds can be obtained from the Highway
corners, donation land claim corners, subdivision Division. Often, however, the map will include
corners (lots, blocks, tracts) and many other needed the county deed recording number.
survey corners and monuments. The maps are also
4. The 630 on the map is engineering station
an excellent source for state plane coordinate ties.
630+00; sixty-three thousand feet from the begin-
Some drawings include exceptionally accurate ties
ning point of the survey.
to road and street intersections, railroad traverses,
stream locations, property lines and property corners 5. The +47.8 is plus station 632 + 47.8; the station
(see figure 8-2). point of the intersection of a property line be-
This section will provide a simple explanation of tween Weisse and McCormick and the highway
survey strip maps; and it includes instructions on centerline.
plotting highway simple curves, compound simple The engineering stations and plus stations on the
curves, reverse curves, spiral (talbot) curves and strip maps are usually reliable for cadastral map pur-
compound spiral curves. Moreover it will supply de- poses. When noted in deeds, however, they are often
tail on the mathematics of the highway curves. Most only approximate and should be used with care.
of the text on highway surveys is applicable to route
surveys of county roads and city streets. 6. The names of property owners of lands abutting
the highway. They are probably the grantors of
Highway Strip Maps the new 30 foot strip of highway (R.W. 4419 and
R.W. 4250). The numbers B51 P155 and B39
The route drawings of the State highways, produced P402 are the County Recorders book and page
by the Oregon State Highway Division of the Depart- numbers of the deed records for Weisse and Mc-
ment of Transportation will be referred to as highway Cormick Lumber. Co.
strip maps.
7. The +19.9 is plus station 629 + 19.9; the inter-
Figure 8-2 is a small section of the Columbia River section of the South line of Section 5 with the SE
highway strip map. It is a good example of the type line of R.W. 4419.
and quantity of usable cadastral data contained in
most route surveys. The shaded area in figure 8-2 There is a lesson to be had from the Highway Divisions
represents recent purchases of land for a quarry site; policy of recording important detail on their strip maps.
8-5
Consider the amount of information obtainable from the Keep this in mind when you have spent 2 hours to find
small section of strip map in figure 8-2. Anyone familiar information, but leave it off the map to save 10 minutes
with title research would attest to the fact that several
hours would be required to obtain that information if it drafting time.
were not obtainable from the strip map - with an excellent Highway strip maps are usually drawn at a scale of
possibility that certain data might never be found. Yet it
only required 20 minutes drafting time to add the informa- 1=100 (one inch equals one-hundred feet). Some,
tion to the map. however, are prepared at 1=50. Early strip maps
Figure 8-2
8-6
were constructed at a scale of 1=400. They are still Some engineers and cartographers refer to the engi-
an excellent source for cadastral data. neering and plus stations as just stations. Surveyors
often refer to the stations as taping stations.
Highways are continually being realigned and the
right-of-ways are constantly being widened. There- In figure 8-3 all stations are on a tangent. Therefore,
fore, it is good practice to always check with the they are called points-on-tangent; usually abbreviated
P.O.T. Some highway draftsmen label only the plus
Highway Division, before plotting a section of high-
stations with P.O.T. If any of the stations were on a
way to see if your strip map is up-to-date.
curve, they would be labeled P.O.C. for point-on-curve.
Highway Centerline Stationing There is really nothing complicated about highway

stationing or station computations if you are thorough
The beginning point of a highway survey project is and careful in examining the strip maps and making the
referred to as station zero, or 0+00. Beginning at station computations. There are, however, several pitfalls for
zero (see figure 8-3) engineer stations are measured at the careless cartographer.
one hundred foot intervals. The first engineering sta-
tion being 1+00 (one plus zero) or engineering station Problem Stationing
one. The next engineering station would be 2+00, or
Figure 8-4 shows seven problem areas in highway
engineering station 2. (200 feet from station zero). The stationing. Watch for them.
next 3+00, and so on. The plus sign (+) can be read as
hundred and. The + actually means that all points They can easily destroy hundreds of man-hours of
plotting if not treated properly. Each problem is iden-
are measured from station zero.
tified by a circled number. They are defined as:
If a point or line to be measured falls between an
1. Equation stations. Failure to identify these sta-
engineer station, it is assigned a plus station. (+55.6 tions or failure to use them properly when mak-
in figure 8-3). ing station computations.
This is how a surveyor would assign engineering sta- 2. Equation stations. Incorrect use of the equation
tions and plus stations to a traverse: station when plotting a traverse towards station
zero.
Starting point = 0+00
(or station 0) 3. Equation stations. Confusing data from other
survey projects with the route survey data.
One-hundred feet from station zero 1 +00
(or station 1) 4. Abandoned route (or old route). Confusing old
stationing of another route with the route survey
Two-hundred and ninety eight and eight data.
tenths feet from station zero = 2+98.8
5. Computing P.I. to P.I. distances. A common, but
One-thousand three-hundred and serious, error; using P.I. to P.I. stationing to com-
eighty-six feet from station zero = 13+86 pute all P.I. to P.I. distances.
Figure 8-3
8-7
Figure 8-4
8-8
6. Property line stationing. Failure to correctly tion to use to compute the distance to the previous station
relate property line stationing to the centerline (towards station zero). The letters Ah mean ahead in the
stationing. direction of the survey (or in the direction of stationing).
This identifies the station to be used between this equation
7. Stationing involving short distances. Failure to
station and the next station or equation station of the tra-
identify or use all stationing when making com-
verse (from the direction of station zero).
putations.
2. Compute distance N2; that is, the difference be-
The seven station computation problems have been
tween plus station 29 + 10.2 Ah and plus station
costly to cadastral map projects (in tens of thousands
P.C. 35 + 30.2.
of dollars). Problem 1, for example, was responsible for
several thousand dollars of remapping one small town; P.C. 35 + 30.2 = 3530.2
the result of ignoring just four equation stations. 29 + 10.2 Ah = 2910.2
Distance N2 = 620.0
Equation Stations
3. Add distances N1 and N2.
Equation stations are established at points on a tra-
verse where two or more route traverses meet (L48 + N1 = 1839.0
05.54 = L2 201 + 58.29 of figure 8-4 and E.C. 22 + 02.01 + N2 = 620.0
= 28 + 40.10 BK = 29 + 10.2 Ah and END 49 + 96.14 N = 2459.0
= L.3 0+00); or where a mathematical correction has
been made to a traverse distance (equation station 28. The difference between 2529.1 (the incorrect distance)
+ 40.10 BK 29 + 10.2 Ah). and 2459.0 (the correct distance) is 70.1. This is also
the difference between the BK and Ah stationing.
Most equation stations are marked, as in figure 8-4,
by the word EQUATIONS; so - there is little excuse 29 + l0.2Ah - 28 + 40.1BK = 70.1
for missing them. EQUATION means: the traverse 70.1 = the error
stationing is being interrupted. This station is the new The value of the difference might only amount to a
base for computations. hundredth of a foot, but the difference must still be
The prevalent error in making station computations considered in station computations. If ignored be-
is the failure to identify the equation stations. Con- cause the value seems insignificant, major errors will
sider the computation of distance N of figure 8-4 almost certainly occur somewhere along the traverse
(between P.O.T. 10+01.1 and P.C. 35+30.2). If the car- or somewhere in the analytical bridging process.
tographer presumptuously assumes the distance N to Large mapping errors have resulted from interpret-
be the difference between the value of plus station ing BK and Ah as meaning back from the direction
10+01.1 and plus station 35+30.2, his computation of plotting and ahead in the direction of plotting.
will be: When plotting in the same direction as the survey
progressed, that interpretation will work. However,
P.C. 35 + 30.2 = 3530.2 when plotting the traverse towards station zero, it can
P.O.T. 10 + 01.1 = 1001.1 never work. Remember ... everything related to tra-
verse stationing is in reference to the direction that
Distance N = 2529.1 the stationing is progressing.
The answer 2529.1 feet is incorrect. Had the cartogra- Another problem associated with equation station
pher been careful and included the equation station computation stems from the careless use of equation
in the computations, the correct answer 2459 would station values. In figure 8-4 an abandoned section of
have been the result. The computations would have highway is shown intersecting the project at approxi-
been: mately station 21 + 00. Usually intersecting station-
1. Compute distance N1; that is, the difference being (of another route) are identified by a letter and
tween plus station 10 + 01.1 and plus station 28 + numbers e.g., plus station L2 201 + 58.29 and station
40.10. L3 0+00 of figure 8-4; L2 and L3 being the identifiers
of the traverse. This also occurs where more than one
28 + 40 BK = 2840.1 survey line traverses a right-of-way. In the case of the
P.O.T. 10 + 01.1 = 1001.1 abandoned route intersecting the survey (figure 8-4),
its stationing was not so identified at equation 2. In-
Distance N1 = 1839.0
stead, the draftsman merely tied the abandoned high-
NOTE: In equation stations, the letters BK mean back way to the project by equating E.C. plus station 22
in the direction of station zero. This identifies the sta- + 02.01 to the BK and Ah stations. This is a valuable
8-9
tie (possibly the only tie) to the abandoned highway point or point on curve is an equation station. In
(which should be plotted). But, if the cartographer other words stationing is numbered along the route
carelessly uses this stationing to compute distance (the curves and main tangents), not along external
N1, it will create a 638.09-foot blunder. survey lines (the semi-tangents).
For every curve there is a point where the main tan-
22 + 02.01 E.C. = 2202.01
gents projected along semi-tangents meet. This point
10 + 01.10 P.O.T. = 1001.10
is called the point of intersection or the P.I. In figure 8-4
Answer = 1200.91 plus stations 38 + 30.2 and 43 + 49.64 are P.I. points
The actual distance being 1839 feet - or (detailed in figure 8-5). It is not uncommon for the
P.I.s to be assigned stationing numbers. The inclu-
28 + 40.10 BK = 2840.10 sion of the P.I. stationing on strip maps is responsible
10 + 01.10 P.O.T. = 1001.10 for another major blunder cartographer use of the P.I.
stationing to compute P.I. to P.I. distances.
1839.00
For example, assume you are asked to compute the
Hence, the blunder is:
distance between P.I. stations 38 + 30.2 and 43 + 49.64.
1839.00 - 1200.91 = 638.09 The solution seems simple - just find the difference
between 38 + 30.2 and 43 + 49.64.
Therefore, watch for stationing with a numerical val-
ue significantly different than that of the traverse. In P.I. 43 + 49.64 = 4,349.64
the above example E.C. 22 + 02.01 was considerably P.I. 38 + 30.20 = 3,830.20
lower than the BK and Ah stationing of equation 2;
P.I. - P.I. distance = 519.44
therefore, being subject to question. If there is a ques-
tion as to which station to use, a simple scaling of the strip If highway stationing were developed along semi-
map will usually provide an answer to the problem. tangents, 519.44 would be the correct distance;
however, highway stationing is not developed along
Computing P.I. to P.I. Values external survey lines. Instead, the stationing runs on
the route traverse and is developed along the curve
PRINCIPLEStationing of a traverse is not inter- as illustrated in figure 8-5. The correct method of
rupted by curves or angle points unless the angle computing the P.I. to P.I. distance is as follows.
Figure 8-5
8-10
1. Compute the distance between P.T. 40 + 01.44 and StationingShort Centerline Distances
P.C. 41 + 49.64.
It is not uncommon for cartographers to overlook
P. C. 41 + 49.64 = 4,149.64 short tangent distances between stations that are
P.T. 40 + 01.44 = 4,001.44 drawn so close together on the drawing that they
Main Tangent Dist. = 148.20 pass for one station. For example, in figure 8-4 sta-
tions L2 188 + 01.88 and L2 188 + 13.0 are only 11.12
2. Add the above distance to the sum of Tl and T2: apart on a 1=400 scale drawing. In this situation a
cartographer might easily disregard one or the other
T1 = 300.00 station.
T2 = + 200.00
Although small values are involved, missing or ig-
= 500.00 noring these distances can create problems out of
P.T. to P.C. = + 148.20 proportion to the size of the distance; especially when
converting the traverse to coordinates.
P.I. to P.I. = 648.20 answer
The correct answer is therefore 648.20 feet. The value SummaryStation Computations
of the error was:
Station computations are simple; in fact - elementary
Correct P.I. to P.I. dist. = 648.20 if you are careful in selecting and using the station
Incorrect distance = 519.44 values of strip maps. There are only two reasons for
generating any of the blunders and mistakes we have
Error in feet = 128.76
discussed in this section: brain fade and incompe-
The error would be more than sufficient to destroy tence.
the geometry of a cadastral map. Imagine the error
Remember:
that could accumulate, along a six-mile section of
highway, by incorrect P.I. to P.I. computing. 1. Analyze the strip maps carefully; note and mark
potential, problem stations.
Property Line Stationing 2. Watch for equation stations. Mark them with yel-
low or red so they wont be missed. If you are
All right-of-way stationing is referenced to the cen-
borrowing another agencys strip map or notes,
terline traverse; regardless of where the stationing is
list (dont mark) the equations.
labeled or regardless of the location of the point of
stationing. For example, problem No. 6 of figure 8-4: 3. Always use the equation in your computations
Is plus station 33 + 51.5 referenced to centerline point (that is, where applicable). Take care in selecting
A (the point where the property line, extended, and using the equation values.
intersects the centerline traverse)? NOTE: point A and
4. Identify intersecting stationing from other sur-
point B would not actually be shown as circled points on
veys or other routes.
a highway drawing. The answer is NO! The stationing
is referenced to centerline point B; the point on the 5. Stationing runs along the route centerline, there-
centerline that is at right angles to the point where the fore running along curve centerlines.
property line intersects the right-of-way line. If the 6. Do not use P.I. stationing in your computations -
stationing had been referenced to point A, it would you do not need them.
have been labeled as illustrated at point C.
7. If strip map stationing and values are confusing,
At this point it is always advisable to check the high- or questionable, check distances on the strip map
way drawing with an engineer scale because in rare with your engineers scale; however, take care in
instances the highway draftsman will not follow just how much reliance you place in scaling.
the standard procedures for labeling stations on the
property lines. 8. If you have a problem with station values, check
to see if the highway draftsman transposed the
NOTE: Remember, when you scale someone elses drawing station figures.
there is always the possibility that the scaled drawing is
9. Check problems by recomputing curve values
in error; possibly the draftsman, cartographer or engineer
(semi-tangent, delta and central angle, curve
was as confused about the survey data as you. Therefore,
length, etc.).
scaling should only be used as one step in solving plotting
problems. 10. Check the field books.
8-11
11. Check your own computations. Are you using First, the geometric line (border) of the circle is known
the correct formula or mathematical tables? as the arc of the circle4. If the arc is of a semicircle (half
a circle) or greater it is a major arc; but if it is less than
a semicircle, it is called a minor arc5. In figure 8-6 arc
EF is a minor arc; arc AGFED is a major arc. Most
highway curves involve minor arcs, and in this chap-
ter we will refer to all curve lines as just arcs .
The mathematical center (or centroid) of any circle is
called the radius point. It is one of the important circle
characteristics that control EVERY highway curve.
Any straight line projected from the radius point to
the arc is a radius line. Two or more radius lines of
a circle are called radii. In figure 8-6 ARp, BRp, CRp,
DRp, ERp, FRp, and GRp are radii. If the straight line
runs from the arc, through the radius point and pro-
jected on to the arc it is called the circles diameter (line
BRpE of figure 8-6). Any portion of a circle bounded
by two radii, that is less than a semicircle, is called a
sector of a circle (ERpFE of figure 8-6).
A line joining any two points on the arc of a circle is
a chord of that circle (straight line CD is a chord of arc
BCD). A line joining the ends of the arc of a sector of
Figure 8-6
a circle is called the long chord of the arc. How many
chords can an arc have? The answer lies in the number
Highway Curves of points that an arc can have. In mathematics, the arc of
a circle has an infinite number of points. Therefore, the
The traverse of a highway consists of straight-line
arc of the circle also has an infinite number of chords;
sections (tangents) connected to highway curves. En-
so many, in fact, that the straight lines of the minute
gineers classify the curves in two basic groups: The
chords transform the arc into a series of short, straight
circular curve and the spiral. Sub classifications are
(1) simple highway curve (or simple curve); (2) com- lines. This is why circle arcs are often referred to as not
pound circular curve; (3) reverse circular curve; (4) actually curves, but rather as a series of straight lines
transitional curve (one or more spirals compounded (which becomes noticeably truer the shorter the chords
with one or more circular curves); and (5) compound are drawn)6. An understanding of the mathematics of
transitional curves. One other curve must be consid- chords will prove beneficial to the cartographer faced
ered in highway engineering: the vertical curve. This with the problem of plotting large scale, small degree
curve is used as a transitional curve to carry a vehicle curves with very large radii.
through a change in grade. Examples of abrupt un- The area of the sector of a circle between the chord
engineered vertical curves would be a bump or dip and arc of the circle is the segment of the sector; and
in the highway surface. In both cases the transitional therefore a segment of the circle.
areas are insufficient for smooth and safe driving.
All of the curves present special problems to the Circles with the same radius point are concentric
surveyor and highway engineer. Likewise, all (except circles. Arcs with the same radius point (common
the vertical curve 3) present special problems to the in highway right-of-ways) are called concentric arcs.
cartographer, specifically, the problems related to the The central angle of a circle is an angle with its ver-
mathematics of the curves. tex (point) at the radius point and with two radii for
sides. In highway engineering the central angle is
The Circular Curve usually represented by theta (); however, the delta
sign () is usually shown because the total central
A circle is a closed curve of an equal radius distance angle is always equal to the delta angle. In figure 8-6,
from the center (or centroid) of its plane (flat) surface. angle ARpB is a central angle. Remember, in the same
The circle contains all the characteristics of a circular circle equal central angles will have equal arcs; there-
curve and some of the characteristics of a transitional fore, in the same circle equal arcs have equal central
curve. It will, therefore, be advantageous to learn the angles. Likewise, in the same circle equal chords
elements and definitions of the circle before attempting will have equal arcs; and equal arcs will have equal
to tackle the curve formulae. chords. And, in the same circle, or in equal circles,
8-12
equal chords are equally distant from the radius this section are based on that definition, which is: the
point. degree of curve of the circular curve is the degree of the
central angle subtended by an arc of 100 feet.9
A straight line that is at right angles to a radius line
at its outer extremity is called a tangent. It is at right
angles to the radius at the point of contact. If the line
is tangent to two circles it is a common tangent.
In highway engineering any part of the arc of a circle
is referred to as a circular curve. It is used as all, or part
of every basic highway curve. Where the entire curve
is a circular curve it is called a simple curve.
The Simple Curve

The simple highway curve is an arc of the sector of a
circle. It is always connected at each end by a tangent.
The point at which the tangent ends and the arc begins
(running in the direction with the traverse) is called the
point of curve7; abbreviated P.C. The tangent to this point
is called the back main tangent (see figure 8-7). The point
at which the curve ends and the next tangent begins is
called the point of tangency8; abbreviated P.T. The next
tangent is the main forward tangent. If we project the
back tangent forward and the forward tangent back-
ward, they will intersect at a point called the point of
intersection; abbreviated P.I. The back tangent projected
forward to the P.I. is called the back semi-tangent. The
forward tangent projected back to the P.I. is the forward
semi-tangent. The straight line connecting the ends of the
simple curve is the long chord of the, curve. A straight Figure 8-7
line, or series of straight lines connecting any points of
For example, in figure 8-7 the arc has two points
the arc are chords of the curve.
marked P.O.C. (abbr. for point on curve) that are 100
The distance between the P.I. and center of the arc is feet apart (measured along the arc). In this example,
called the external distance. The distance between the the radii connecting the P.O.C.s have a central angle
center of the arc and the center of the chord is the (D) of 20. The curve is therefore designated as a 200
middle ordinate. curve; or, D = 20. Mathematically, the arc definition
is expressed as:10
The angle turned by the P.C. and P.T. radii is the central
angle. The deflection angle of the main forward tangent 5,729.578
turned from the main back tangent is the delta angle D =
(figure 8-8). In all simple curves the value of the delta R
angle is always equal to the value of the central angle. therefore, if the radius of the curve was 154.853 feet,
The angle that the chord turns, from either the back or the degree of curve would be
forward tangents, is referred to as the deflection angle of
the chord (figure 8-8). 5,729.578
D = = 37
The distances from the P.C. to the P.I. and the P.T. to R
the P.I. are the semi-tangent distances; abbreviated T on We can transpose the formula to use the degree of
strip maps. The semi-tangent distances of the simple curve to find the radius11. Thus,
curve are always equal.
The sharpness of any simple curve (or circular curve) 5,729.578
R =
is defined as the degree of curve (D) in highway sur- D
veying. This is the practice of most counties; how-
If the degree of curve is 0030, the radius would be:
ever, some county road surveyors use the radius dis-
tance to designate the sharpness of the curve. Either 5,729.578 5,729.578
method is acceptable. The definition for the degree of R = or
curve is known as the arc definition. All formulae in 0030 0.5
8-13
R = 11,459.156 feet Therefore, the distance from the P.C. to the P.I. is
300.20 feet and the distance from the P.I. to the P.T. is
To find the long chord of the simple curve use the
300.20 feet.
formula:
The length of the arc (L) is computed using the equation:
LC = 2R sin 12
Using figure 8-8 as an example, the long chord of the L 2R
= or L =
8 curve was computed as: 2R 360 360
For the example curve (figure 8-8) this would be:
LC = (2 * 716.20)
( sin 4529
2 ) (show 4529 as a decimal)
LC = 1,432.40 (sin 224430) (2 3.14) (716.20)

L= 45.48;
360
From a table of natural sines and cosines
sin 224430 = 0.38657683 4,497.74
L= 45.48;
therefore, 360
LC = (1,432.40)(0.38658) = 553.74
L= 568.21
The bearing of the long chord in figure 8-8 is com-
puted by adding the value of the deflection angle to If the degree of curve is known, it is faster and more
the bearing of the main tangent. The deflection angle accurate to use:
would be:12
100
L =
D
= 224430
2 In the above example L would be
Add /2 to the bearing of the back main tangent:
100
L= 45.48 = 568.50
N 012500 E 8
+ 224430
N 236930 E 4.548
L= 568.50
8
or, N 240930 E = LC bearing.
Highway strip maps usually contain sufficient curve
This can be checked by using the deflection angle of data for plotting; the curve formulae may therefore
the long chord from the forward main tangent. seem nonessential. But there is good rationale for
learning the geometry and mathematics of curves.
N 465360 E First, the highway data is not always correct; there-
224430 fore, it becomes necessary to compute certain values
N 240930 E to check the highway strip map. Second, it is common
for deeds to describe property boundaries along only
P.C. to P.T. points should be plotted via the P.I.; how- part of a curve. When this is the case, the formulae
ever, the long chord can be used to check the P.T. can be used to supply the values needed for accu-
location. rate plotting. For example, suppose a deed defined
The semi-tangent distance of a simple curve can be a property corner as being: N 125 E to the point of
derived from the formula curve of an 8 curve right; thence 307.68 feet along the
curve. We could roughly scale this point and pos-
1 sibly be close enough; but the sharper a curve gets,
T = R tan
or the longer the distance on the curve, the greater
2
the inaccuracy resulting from scaling along the arc.
To compute the semi-tangent distance of the 8 curve Therefore, in this example we can use the values
of figure 8-8: given by the deed and the curve formula to establish
the chord of the 307.68 arc.
T = 716.20 tan 224430
To find our answer, we can use the curve length
or
formula to find the central angle (l) of a 307.68 arc
T= (716.20)(.41916) = 300.20 along an 8 curve.
8-14
100 The other solution to that problem would be to com-
L = 1 pute the semi-tangent distance and delta angle of a
D 307.68 8 curve. Or,
transposing (because L & D are known) T = R tan 12 1 =
LD = (716.20) (tan 121818)
= 1
100 = (716.20) (0.21813) = 156.22
or
T = 156.22
307.68 * 8
= 24.61 The bearing of the forward semi-tangent of the
100 307.68 arc would be:
hence 1 = 243636
N 012500 E
Then we can use 1 to find the chord of a 307.68 arc. 1 = 243636
We simply treat that arc as the total simple curve and bearing N 260136E
compute 12 (the chord deflection angle) and
Subsequently, with a few simple calculations we can ac-
LC = 2R sin 12 1 curately pinpoint the termination of the 307.68 arc.
the long chord. Therefore If the centerline traverse of a highway is 8, concen-
tric right-of-way lines cannot be 8. If the right-of-
1 way lines are concentric they must have the same
= 121818 and
2 point of symmetry as the centerline - the radius of
the centerline arc. Hence, the radius distances of each
LC = 2R sin 12 1= 1432.40 (0.213116)
right-of-way line are different from the radius of the
centerline, and therefore the degree of curve of each
line is different.
The centerline curve of the right-of-way in figure 8-9
is 4.75. However, the north right-of-way line (R/Wl)
has a radius 50 feet longer than the centerline radius;
therefore, the degree of curve is less than that of the
centerline arc. The south right-of-way (R/W2) has a
radius of 50 feet shorter than the centerline radius;
therefore, the degree of curve of the south right-of-
way is greater than the other two lines. This fact must
be kept in mind when using curve formulae to com-
pute right-of-way line values.
The underlying fee in most county roads is in the own-
ers abutting the roads. This, however, is seldom true of
State highways where the fee in the right-of-way is pur-
chased by the State. In this case ownership, and subse-
quently deeds, run to the right-of-way line. Many deeds
contain language that is supposed to relate to the right-
of-way line, but in fact is based on centerline traverse
values; i.e., in figure 8-9 parcel 1 runs to the south line
of the state highway (fee in the 100 foot right-of-way
Figure 8-9 is in the State). The party writing the deed apparently
assumed the centerline values to pertain to the South
hence, the long chord distance is: R/W line as well because he wrote his description as:
LC = 305.27 . . to the south line of the Coast highway; thence N
The bearing of that chord would be: 70 E along sd. south line 115 feet to a 445 curve
right; thence along the right-of-way curve 800 feet to
N 012500 E the end of the curve; thence . . .
121818
The fact is, the south right-of-way line curve was
N 134318 E 457 and the length of that curve was 767.68 feet.
8-15
This is not a serious error because the intent is clear; Figure 8-10 illustrates a P.I. to P.I. traverse plotted
but the description is incorrect. In other similar cases by coordinates. First, a grid must be plotted and
the wording has put a technical cloud on the title checked on the control map (see Chapter on Basic
and has created serious cadastral mapping problems Map Control); in this example the grid is 1,000 feet.
because the cartographer failed to relate the deed de- The grid values are based on the grid of the highway
scription to the highway centerline data. strip map. To locate a point, such as P.I.3, measure the
north (N) coordinate value from the nearest grid line.
Plotting the Route For P.I.3 this would be 85.35 feet north of grid line N
580,000. Then measure the east (E) coordinate value
Before any curves are plotted, the route tangents from from the nearest east grid line. For P.I.3 this would be
P.I. to P.I. should be plotted and adjusted. This is ac- 323.90 feet east of E 992,000. The grid values for P.I.1
complished by first locating the P.I. points by the N to P.I.8 (off the illustration) are:
and E coordinates. If the strip map does not show P.I. P.I.1 80 + 97.55 P.O.B.
coordinate values, they should be computed. Refer N.577,789.56
to Chapter 7 (Map Projection and Coordinates) and E.989,915-12
Chapter 9 (Map Computations) for information on
P.I.2 92 + 82.68
coordinates and coordinate computations.
N.577,789.56
E.990,485.10
P.I.3 114 + 02.21
N.580,085.35
E.992,323.90
P.I.4 139 + 42.10
N.582,094.91
E.993,891.12
P.I.5 150 + 62.10
N.583,222.01
E.993,985.93
P.I.7 168 + 33.33
N.584,550.87
E.995,180.54
P.I.8 181 + 48.21 (Not in Fig. 8-10)
N.584,953.98
E.996,497.00
Figure 8-10 shows four 1/16 section corners, and two
14 corners that were found and tied to the route, by
coordinates, on the highway strip map. Not shown
in figure 8-10, but shown on the strip map, were 3
additional ties to property corners. This is the type of
information that must be used to check the alignment
of the traverse. Other alignment checks are intersec-
tions with major transmission line easements (such
as BPA lines), railroads, county roads, triangulation
stations and other highway routes.
The bearings on the strip map were based on the
South Zone of the Oregon Coordinate System. By ori-
enting your drafting machine to the grid, the traverse
bearings can be used to check the points plotted by
coordinates. When noted on the cadastral map, the
bearings should be accompanied by the note (O.C.S.
GRID). See Chapter 2.
If the traverse does not tie to supporting data and
Figure 8-10 control, check the traverse computations; check the
8-16
coordinate computations; check your computations; the arc located from the P.C. The intersection of
but most of all check the accuracy of your plotting (this the two arcs is the radius point (figure 8-13).
is where the problem usually originates). Finally, re-
check the plotting of your grid points and review the
supporting data for errors.
Plotting The Simple Curve

Once you are satisfied with the highway alignment,
the curves can be plotted. The procedure for plotting
a simple curve begins with the location of the P.I.
points; The remaining steps are described as:
1. From the P.I., measure along the back semi-tan-
gent, the T distance, to the P.C. (point of curve);
Figure 8-13
If the radius point is correct, the line from the P.I. to

the radius point will bisect (divide into two equal
Figure 8-11 parts) the long chord (LC).
2. From the P.I., measure along the forward semi- 4. Leave the compass set at the radius value and
tangent, the T distance, to the P.T. (point of tan- position the drafting compass needle point on the
gency). radius point. With the compass pencil point swing
the centerline arc from P.C. to P.T. (figure 8-14).
5. If the curve has concentric right-of-way lines
(that is, having the same radius point and being
parallel) leave the compass needle point at R; set
the pencil point at R W1 (figure 8-14) and swing
the arc; then set the pencil point at R W2 and
swing the outside arc.
Figure 8-12
If you want to check the P.C. and P.T. locations, use the
long, chord distance and deflection angle. If the long
chord fails to tie the ends of the curve together, check
your measurements from the P.I.; check the delta angle
of the curve; and Finally, check all curve computations
and data - possibly the strip map is in error.
3. Locate the radius point (R). The radius point is
at right angles to the P.C. and P.T. Simply turn a
90 angle right from the point of curve (P.C.) and
draw a line from the P.C. to the radius point. If
the point is located accurately it will be at right
angles to both ends of the curve (figure 8-13).
You can also locate the radius point with a draft-
ing compass by setting the compass pencil point
the radius distance from the compass needle
point; positioning the needle point at the P.C. and
drawing an arc that will swing through the gen-
eral location of the radius point. Position the nee-
dle point at P.T. and draw an arc that intersects Figure 8-14
8-17
After the curve right-of-way lines are plotted, the apart should do the trick (in scale this will be 1,200
main tangent right-of-way lines can be plotted. feet). The scale, size of drafting, table, and capabilities
of the drafting equipment usually govern the proce-
It is always advisable to circle the end points of the
dures and might allow for a different solution to a
curve on the centerline traverse and the right-of-way
problem. However, the following step by step proce-
line (as in figure 8-14). This will mark the exact points
dures will work for every simple curve.
where the curve ends and the tangents begin.
1. Plot the main tangents, P.C., P.T. and P.I.
Always supply sufficient curve data to tile cadas-
tral map to reconstruct the curve. This will prove 2. Compute the long chord.
beneficial to map maintenance and it will show that
LC = 2R sin 12
the curve was constructed from official survey data.
Remember, today you will have little trouble locat- LC = (14323-94) 0.38657683
ing the strip map information, but in the future the
LC = 5537.3048
source data may be difficult to find.
3. Compute the bearing of the long chord
Plotting Large Radius Curves
N 670000 E (back main tan)
Every cartographer eventually encounters a curve 224430 (/2)
with a radius too large to be constructed with the N 894430 E bearing of L.C.
drafting compass, beam compass or highway curve
template. The curve must be plotted, but without 4. Plot the long chord to check P.C. and P.T. loca-
the aid of the usual drafting equipment. The fact is, tions. Always advisable when plotting a large curve.
in this situation the cartographer is at the mercy of
5. Compute the middle ordinate (M in figure 8-16)
curve geometry and mathematics. For example, con-
using the formula:
sider the curve of figure 8-15.
M = R (1 cos 12)
The curve, alone, will extend over 4.6 feet across the
or
drafting table. The radius point lies two feet off the
M = R vers 12
table; no matter, however, because the cartographers
largest beam compass is only 24 inches. The largest NOTE.- Vers is an abbreviation for versed-sine mean-
highway curve template is only 14 inches long - too ing 1 minus the cosine of an angle. Therefore to find
short to plot the entire 48arc. vers ; 12 find the cosine of 224430 and subtract it
from 1 (or 1 0.92225721).
From the discussion on chords, the arc of any simple
curve has an infinite number of points that can be M = (7161.972) .07774279
connected by secant lines. Therefore, any number
M = 556-7916 or, 556.79 ft.
of chords can be used to intersect any length of arc.
In this example the chords can be used to establish 7. On a line from the P.I. to the midpoint of the long
intermediate points on the curve that will allow use chord, scale 556.79 from the long chord towards
of the highway curve template. If the template is 14 the P.I. The point you have established is the mid-
inches long, points on the curve (P.O.Cs) 12 inches point of the simple curve arc.
Figure 8-15
8-18
Figure 8-16
To check that point you can use the formula From a table of natural sines and cosines, .083775 is
the sine of 404820.
E = R exsec 12
hence, the deflection angle is
to compute the external distance (E in figure 8-16).
NOTE: exsec is an abbreviation for exsecant mean-
= 44820
ing secant of the angle minus 1; in trigonometry this is 2
expressed as: 9. Use the deflection angle to find the bearing of, the
exsecant A = exsec A = sec A 1 first chord.
The formula for any chord of a simple curve is: N 670000 E (back main tan)
44820 (/2)
C (any chord) = 2R sin 12
N 714820 E chord 1 bearing
NOTE- In this formula, is the Greek script symbol for
Delta. Whereas the Greek symbol represents the Delta this is the bearing from the P.C. to P.O.C.1 in figure
angle of the entire simple curve, the script symbol repre- 8-16.
sents the Delta angle of any part of the curve; i.e., for the 10. Plot the 1200 ft. chord on the bearing N 714820 E.
first 1200 chord in figure 8-16.
11. The next chord, P.C. to P.O.C.2 can be 2400 (24
8. To use the chord formula it will be necessary to on the drawing). Compute the deflection angle
establish . Transposing the above formula: and bearing of the second chord.
C 2400
= sin 12 = 122 = .167551
2R 14323.94
or 2
.167551 = 93844 =
2
1200 1
= sin
14323.94 2 N 670000 E (back main tan)
93844 (/2)
subsequently
N 763844 E chord 1 bearing

sin = .083775 12. Plot the 2400 ft. chord on the bearing N 763844
2 E from P.C. to P.O.C.2.
8-19
At- P.O.C-2 we should be 2410.59. (measured on the arc)
from the P.C; 24.11 on the drawing. The length of the arc s
=
of this segment is found using the formula: R
100 where: = central angle of P.C. to P.O.C. 8 + 00 in
L =
D radians14
13. If we make our third chord 3600 (or 36 on the s = the length of arc P.C. to P.O.C. 8 + 00
drawing) the curve template will still connect (215 feet)
the P.O.C.s. Using 3600, compute the deflection
R = the radius (409.26 from table 14 in the:
angle and bearing of the third chord.
appendix).
14. Plot the 3600 ft. chord from P.C. to P.O.C.3.
therefore
15. The last chord can be 4800 feet. Compute the de-
flection angle and bearing of chord P.C. -P.O.C.4. s 215
= = = .525338
16. Plot chord P.C. - P.O.C.4. R 409.26
17. If you desire more points, the 15 steps can be or = .53 radians
used, but working from P.T. towards P.C. The From conversion table 1 in the appendix - to convert
only difference in your computations will be that radians to degrees, multiply by the factor 57.29578
of basing the chord bearings on the forward tan-
gent instead of the back tangent. hence
18. Use the highway curve template to draw the = 57.29578 (.53) = 30.366763
simple curve between the P.O.C.s. or = 30.37 = 3022
Curve Right-of-Way Line Variations From P.C. station 5 + 85 turn a central angle of 3022
and draw a line from the radius point to the outside
Figure 8-14 illustrates a simple curve with parallel, right-of-way. At the centerline this will be P.O.C. sta-
concentric right-of-way lines (RW1 and RW2) that tion 8; at 50 feet from the centerline, point A2; and at
are at the same distance from the traverse as the 70 feet from the centerline, point Al.
tangent right-of-way lines. This is representative of
Another method of establishing P.O.C. engineering
most highway simple curves on relatively flat terrain.
station 8 would be by chord and deflection angle of
When the terrain requires wide cuts and fills, right-
P.C. to station 8.
of-way lines are adjusted to include the necessary
land to construct the highway, figures 8-17 to 8-20 The curve in figure 8-18 is easy if you remember that
typify the resulting right-of-way variations. each of the simple curves, 1, 2 and 3, are concentric
(have the same radius point).
Figure 8-17
The example of figure 8-17 presents the problem of

locating point Al on the radius line through P.O.C.
station 8 (8+00). The solution to the problem is to
Figure 8-18
locate centerline engineer station 8 and draw a radius
line through station 8, A2 and to Al; 70 feet from the Right-of-way lines do not always run parallel to the
traverse to the right-of-way line. To do this it is neces- center line traverse; the right-of-way in figure 8-19 is
sary to compute (figure 8-17). Use the formula: a typical example. In many cases highways divide
8-20
land ownership in such a manner as to create odd- The tie to the railroad route survey is noted at the
shaped parcels that are isolated from the main parcel equation station. You will note that both the highway
of land (parcel 2 in figure 8-19). Often these are totally and railroad engineer stations are in hundredths;
useless to the grantor of the right-of-way; therefore, therefore, there is an excellent possibility that the tie
they are purchased by the state and included as part to the railroad is reliable. Moreover, it could be an im-
of the route right-of-way. portant reference point for analytical bridging.
The P.O.C. in figure 8-20 can be tied to the P.C. (or P.T.)
by using the procedures for the curve of figure 8-17.
Figure 8-19
The right-of-way in figure 8-19 can create mapping

Figure 8-20
problems. For example, the strip map indicates a tie
to the east line of parcel A at station 10 + 06. However,
a recent private survey of parcel B and other reliable Compound Circular Curves
survey data, makes it impossible to close on plus sta-
Compound circular curves are actually a series of two
tion 10 + 06. Instead, the line falls at station 9 + 86.2
or more abutting simple curves turning in the same
(by survey). The first step toward solving this prob-
direction. If one of the abutting curves turns in the
lem is to check the P.I. to P.I. plotting and ties. Then it
opposite direction it is a reverse circular curve.
is advisable to check the cadastral surveys. If every-
thing checks and closes, except the strip map prop- All of the circular curve principles and simple curve
erty-line stationing, it is best to ignore that stationing. formulae apply to the compound circular curve. The
It is not uncommon for property line stationing to elements applying strictly to the compound curves
be approximated because not all abutting properties are as follows:
are tied to in the route survey process. Route surveys
are expensive; the cost of high order survey ties to Compound circular curves have common points of
each intersected property line would be prohibitive. tangent; there are no main tangents between one end
You will, therefore, find that route station ties in the of the first simple curve part and the beginning end of
right-of-way deeds are also only approximate. For the next simple curve part of the compound circular
example, the following is that part of a right-of-way curve (see figure 8-21). In a compound circular curve
deed description that refers to the stationing: with two simple curve arcs there will be two radius
points, two P.I. points, six semi-tangents, three delta
. . . from approximately Highway Engineers Station angles, two long chords, two central angles and two
4 + 00 on said connection to the easterly right-of-way main tangents as illustrated in figure 8-22.
boundary of the relocated Oregon Coast Highway ap-
proximately opposite relocated Highway Engineers Sta- In figure 8-22, the radius line R1 P.C.C. is common to
tion 1359 + 80, and lying in. . . . both simple curves at R2 to P.C.C. Subsequently, once
the P.C.C. (point of compound curve) and one radius
The right-of-way in figure 8-20 is typical of highways point is located, the other radius point can be estab-
paralleling railroad right-of-ways. In such cases
lished (on either line P.C.C. R1 or on a prolongation of
the State only purchases an easement to part of the
line P.C.C. R2).
railroad right-of-way. The same is true of highway-
railway intersections; the railroad company usually When plotting a traverse the P.I.s of the compound
retains fee in the intersection land. curve can be used for P.I. to P.I. plotting; however,
8-21
better control can be obtained by using the vertex (V)
of the total compound curve for either V to V or P.I. to
V traverse plotting. This is especially important when
computing for coordinate plotting. In figure 8-22 T4 is
the distance from P.C. to V and t4 is the distance from
P.I.1 to V. The formula for T4 is:
T4 = t4 + T1
and the formula for t4 is:
T1 + T2
t4 = sin 2
sin
T1 and T2 , the semi-tangents of each simple curve
part of the compound curve, will usually be given on
the strip map; however, if not given use the formula
Figure 8-21
1
T1 = R2 tan Where: T1 = 474.65
2
2 = 50
for the first curve; and
sin 50 = .766444
T2 = 194.31
2
T2 = R2 tan sin 95 = .996169
2 1 = 45
for the second curve. sin 45 = .707107
Figure 8-22
8-22
T4 would be computed as:
474.65 + 194.31
t4 = .766444
.996169
and
T4 = t4 + T1 = 989.34
therefore, T3 is computed using the formula
T3 = t3 + T2
and
T1 + T2
t3 = sin 1
sin Figure 8-23
hence
668.96 Simple Curves in Reverse
t3 = .707107 = 474.84
.996169 For a curve to be a reverse circular curve, the simple
and curves must abut. If adjacent simple curves are turn-
T3 = 474 + 194.31 = 669.15 ing in reverse directions from each other, but a main
tangent lies between the curves (no matter how small
So, the P.C. to V distance is 989.34 feet and the V to P.T. the distance between the curves), they are not a re-
distance is 669.15. Once V has been plotted, locate the verse circular curve. The curves are merely adjacent
P.C. and P.T., P.I.1, and P.I.2, P.C.C., R1, and R2 points and simple curves in reverse. For example, the curve in
plot the curve arc as explained for simple curves. Also, figure 8-24 appears to be a reverse simple curve.
the concentric right-of-way lines would be plotted as
explained in the subsection on simple curves. However, the curve stationing and labeling show that
there is a 7.8 foot main tangent between the curves;
Reverse Circular Curves they are therefore, two simple curves in reverse.
The curve in fig. 8-23 is a type of circular curve called The Standard Highway Spiral
a reverse circular curve.15 It is nothing more than two
abutting simple curves each turning in the opposite Early Oregon highways were designed with the
direction from the other. Therefore, all of the circular theory that tangents should always be connected by
curve elements and principles and simple curve rules simple curves. This practice was in contradiction to
and formulae apply to the reverse circular curve. the theory of centrifugal force. In effect, a car entering
a sharp radius simple curve at a constant reasonable
The main element of the reverse circular curve is that speed (say 50 mph) could not maintain that speed and
there are no main (forward or back) tangents between remain centered in the proper lane of traffic because
the curves. As figure 8-23 demonstrates, the end of the centrifugal force would tend to make the rotating ve-
first simple curve is the beginning of the second reverse hicle move away from the center of rotation (the ra-
simple curve; the point common to each simple curve dius of the curve). The centrifugal force relationship
element being the point of reverse curve (abbrev. P.R.C.). to the radius of the curve (the key relationship in the
The other element unique to the simple curve is that the design of any curve) is:
first radius line of the second simple reverse curve is a
prolongation of the last radius line of the first simple Mv2 Mv2
reverse curve; each line being 1800 from the other. The R= or F =
F R
reverse circular curve has two elements of the com-
pound curve. First, the simple curves abut. Second, the Where M is the mass of the vehicle, v is velocity in mph
forward semi-tangent of the first curve is on the same and R is the radius. Some engineers rely on the formula
bearing as the back semi-tangent of the second curve;
R = 0.258 v2
each being a prolongation of the other.
to compute the necessary radius of the simple curve.
The reverse circular curve is plotted as two simple
In this formula 0.258 is a constant based on maximum
curves. After the traverse and P.I.s are located, establish
super-elevation, tire friction and the pull of gravity.
the P.C., P.R.C., P.T. and radius points. The arc of each
Regardless of design, much of the safety of the simple
curve is plotted exactly as explained for simple curves.
curve is still dependent on the driver to balance the
Concentric right-of-way lines are plotted using the centrifugal force. This is done by, gradually accelerating
same procedure as simple curve right-of-ways. (increasing velocity) in a forward direction, and reduc-
8-23
ing the radius at a constant rate to the apex of the curve, The ideal spiral would be the geometric spiral, that is,
and increasing the radius at a constant, gradual rate a curve that is generated by a point moving toward or
while exiting the curve. Thus the vehicle has traveled away from the central curve at a constant rate while
the path of a crude spiral while entering and exiting the the radius decreases or increases at a constant rate for
central circular portion of the simple curve. every point on the curve. From our discussion on cir-
On a high-speed highway the lanes of travel would cular curves we know that the arc of any curve has an
have to be exceptionally wide to provide enough infinite number of curve points. It would be impos-
room for a driver to maneuver a simple curve; super- sible for a surveyor to locate the infinitesimal points
elevation has its limits as does the drivers ability to and radii of such a spiral; therefore, engineers have
balance the centrifugal force. To make a curve safe, designed several acceptable spiral variations that are
a transitional curve must be placed between the tan- practical for highway (and for that matter -railroad)
gent and the circular curve. This provides the distance curve design. Some of these are: the Talbot Spiral, the
and slowly decreasing radius curve that is necessary Searles Spiral, and the ten-chord spiral. In Oregon, the
to balance centrifugal forces. In highway engineering State Highway Division uses an approximation of
this type of curve is known as a transitional curve or the Talbot Spiral called the Standard Highway Spiral.
spiral curve. Its defined as: a curve whose degree varies directly as its
length beginning at zero at the P.S. and reaching a degree
of curve equal to the simple curve at the P.S.C
The curve of figure 8-25 is the type of spiral most
often used in the highway engineering. It has one
central simple curve that connects two spirals; each
spiral being equal in length, equal in the increase in
degree of curve per station on the spiral (a), and equal
in central angles of the spiral (s).
T, in figure 8-25, is the total central angle of the curve
Figure 8-24 (from P.S. to P.T.); or:
Figure 8-25
8-24
N 303150 W BACK MAIN TAN. Figure 8-28 is a guide to the curve value designations
and locations. In figure 8-28 the P.S.C. to P.C.S., is a
N 800640 E FORWARD MAIN TAN.
simple curve; therefore, all of the simple curve ele-
110 3790 ments defined in figures 8-7, 8-8 and 8-16 apply to the
or T = 1103830 spiral central curve; except, the simple central curve
does not start or end on the main tangents, and the
TS is the semi-tangent distance of the total highway
semi-tangent of the central curve is not a prolonga-
spiral (spiral, central curve and spiral). TL is the total
tion of the main tangents.
length of the curve from P.S. to the P.T.; or
If the length of a spiral is not a multiple of ten feet,
P.T. 47 + 51.50 = 4751.50 table IV should be used. Therefore, the spiral values
P.S. 39 + 98.29 = 3998.29 of a 205-foot spiral, where s = 2000, could be deter-
= TL in feet = 753.2l mined from the table of functions (table IV of the
highway spiral book). The computations of the spiral
200 Sp is the length of the spiral (200 feet from P.S. to
and curve values would be:
P.S.C. and 200 feet from P.C.S. to P.T.).
The a in figure 8-25 represents the increase in de- TABLE IV Length = Curve Values
gree of curve per station on the spiral = D/L; or 0.994595 205 = C 203.89
0.987884 205 = Y 202.52
where D = degree of curve (20) 0.115346 205 = X 23.64
L = length of spiral (200) 0.670972 205 = U 137.55
0.337251 205 = V 69.14
100D (100)(20) 2000 0.028963 205 = p 5.94
a= = =
L 200 200 0.497976 205 = q 102.08
The length of the spiral of the curve in figure 8-25 is a
hence, a = 100
multiple of ten, and a = 10. Therefore, the spiral curve
Cartographers often avoid plotting spiral curves values can be derived from table V.
because they think of the curves as being highly D = 2000
technical; involving complex rules and mathematical S = 2000
formula. They will resort to crude methods to avoid q = 99.60
spiral curve plotting, such as drawing the map to the p = 5.79
same scale as the strip map so the curve can be traced Y = 197.58
from the strip map (even though the map should have X = 23.07
C = 198.92
been at a different scale); measuring, in intervals, the U = 134.19
arc points from the semi-tangent on the strip maps V = 67.45
(effective - but not scientific, accurate or efficient); us-
The values are used to locate the corresponding
ing an overhead projector to transfer the curve to the
points of the curve of figure 8-28.
map; using a pantograph to transfer the curve to the
map; and using a flexible curve template to transfer The formula for the spiral curve elements are:
the curve to the map. They are drafting methods, not
Central angle of the whole spiral
cartographic methods, placing too much reliance on
the curve as plotted on the highway strip map. If the DL aL2 D2
S = = =
highway draftsman plotted the curve incorrectly, the 200 20,000 2a
plot error is transferred to the cadastral map.
Semi-Tangent
The fact is, most spirals and spiral curve formulae

are simple. The complex formula can be avoided by TS = q + (R + p) tan
using the Oregon State Highway Division Standard 2
Highway Spiral Tables. The tables of figure 8-26 are Radius
from the highway spiral book. Table IV shows the 5729.5779513
functions of the standard highway spiral where S = R= or,
1556 to S = 2048. This table lists factors that, when D
multiplied by the lengths of the spiral, produce the 5729.5779513L
values of C, Y, X, U, V, p, and q. Table V, figure 8-27, R= or,
supplies those values for spiral lengths (in ten-foot 200 S
intervals) of 10 to 450 for a = 10. These values are also 28.647889757L
provided for a = 0.1 to a = 0.5 (the most common) in R= or,
table 27 of the appendix to this text. S
8-25
Ordinate of the P.S.C. q; the distance along the main tangent from the P.S. or
P.T. to a point where the tangent to the circular curve
X
L
=
( (2n-1)!(4n-1)(-1) ) or,
2n-1
n+1
becomes parallel to the twin tangent.
28.647889757 L
in an expanded form for values to n = 8 (n is not Q = Y R sin S = Y sin S
equal to 0) and = S in radians: S
U; the distance on the tangent from the P.S. to the in-

(3 3 5 7

X=L + + tersection with a tangent through the P.S.C, the longer
42 1320 75,600
spiral tangent.
9 11 13
+ U = Y X cot S
6,894,720 918,086,400 168,129,561,600
. V; the distance on the tangent through the P.S.C from the
15
40,537,905,408,000
... ) P.S.C to the intersection with the tangent through the PS.;
the shorter spiral tangent.
X
The Y distance (from the P.S. to a point on the tangent V= = X csc S
sin S
opposite the P.S.C)
Y
L
=
( (2n-2)!(4n-3)(-1) ) or,
2n-2
n+1
in an expanded form for values to n = 8 and = S in

radians:
RADIANS
( 1 4 6 8
Mensuration Formulae
Y=L + +
10 216 9360 685,440
1 = 0.0174S 32925 19943 radians
10 12

+ 1 = 60; 1= 3600;
76,204,800 11,975,040,000
1 radian = 571744 80625;
14
2,528,170,444,800
... ) radians = 180;
180 = radians in 1;
Degree of central curve
180 - = degrees in one radian;
100D aL
= 0.56418958
a= , D= 1
L 100
= 1.46459189
The angle between the tangent at the P.S. and the chord 3
from the P.S. to any point on the spiral or the deflection
angle to any point on the spiral (i);
i=
1
s n or tan i =
X
3
= 2.14502940
2
3 Y To - convert radians to degrees multiply the

I; the angle from any point on the spiral between the radians by:
tangent at the point and the chord to the P.S. 57.29578
I=S-i To convert degrees to radians multiply degrees
p; the offset from the main tangent to the point where by:
the tangent to the circular curve (produced backward or 0.0174533
forward) becomes parallel to the main tangent.
To convert minutes to radians multiply by:
28.647889757 L
P = X R vers S = X vers S 2.90888 x 10-4
S
8-26
Figure 8-26
8-27
C; the chord from the P.S. to the P.S.C.
Es = p + (R + p) exsec
2
C= X2 + Y2
NOTE: The foregoing formulas for p, q, U and V will not
give consistent answers when is less than 300 because
Es; the external of the whole curve; the distance from the
the highway spiral tables do not have enough significant
P.I. to the center of the arc of the central curve. figures. (See Chapter 9).
Figure 8-27
8-28
Figure 8-28
8-29
The formulae will be valuable for the rare problems
where spiral values are such that the spiral tables can-
not be used; however, never use the formulae when
spiral curve values can be derived from the tables.
Most spirals are between a = 0.1 and a = 0.5; therefore,
the values of D, S, q, p, Y, X, C, U, and V (when a= 0.1
to a = 0.5 and L = 10 to L = 1000) can be obtained from
table 27 in the appendix. The radii, in feet, of curves
from 0.5 degrees to 100 degrees (V2 degree intervals
defined in degrees and minutes and decimals of de-
grees) can be obtained from table 14 in the appendix.
Plotting The Standard Highway Spiral

The spiral curve of figure 8-25 is the subject of the fol-
lowing discussion. Remember the first rule in plotting
any type of curve: always locate the P.I. of the curve before
plotting any curve points or lines. The second rule is: locate
the external points of the curve, always measuring from the Figure 8-30
AL, before plotting the curve lines or internal points. Step 5 - From the x-point on the semi-tangent mea-
sure (to the right and on a line perpendicular to the
main tangent) the X distance to the P.S.C. (23.07 from
table V in figure 8-27).
Step 6 - To check the location of the P.S.C., measure
the U distance (134.19 from table V) from the P.S. and
along the semi-tangent to the S.P.I. From the S.P.I.
(figure 8-31) turn an angle of 200 (equal to the central
angle of the spiral). This will be the line running from
S.P.I. to the P.S.C. Measure the V distance (67.45)
from S.P.I. to the P.S.C. (Fig. 8-31).
Step 7 -, Locate the P.C.S. Using the same procedures
as used to locate and check the P.S.C. Measurements,
however, are from the P.T. and on the semi-tangent
between the P.I. and P.T.
The P.C.S. is the point where the central curve inter-
sects the spiral.
Figure 8-29
Step 1 Locate the point of intersection of the main

tangents (the P.I.). This is the same procedure as de-
scribed for the P.I. of a circular simple curve.
Step 2 From the P.I. locate the P.S. (the point of tan-
gency to spiral) using TS distance.
Step 3 From the P.I. locate the P.T. (the point of spi-
ral to tangency) using TS distance. Avoid using the
P.I. stationing to determine TS.
Step 4 From the P.S., and on the semi-tangent (the
main tangent extended to the P.I.), measure the Y dis-
tance to the X point. (For this example Y 197.58 from
table V figure 8-27.) See figure 8-30.
The P.S.C. is the point where the spiral part of the total
curve intersects the central curve. It is not the point
where the central curve is tangent to the main tangent. Figure 8-31
8-30
Step 8 - From the P.S., and on the semi-tangent, mea- Step 11 - Using Rp as the point of symmetry of the
sure the q distance (99.6 from Table V) to the p point. central curve, use a pencil compass to swing an arc
(See figure 8-32.) This is a point on the semi-tangent from the P.S.C. to the P.C.S.
that is at right-angles to the radius point of the central
Step 12 - If the spiral is short (up to 2 inches) on the
curve at R + p feet from the radius point. Refer to fig-
ure 8-28 for the Rp relationship to the highway spiral. cadastral map, it can be plotted with a french curve,
engineers curve, ships curve or railroad curve. This
will not, however, be a precise method for plotting
longer spirals.
To plot long spirals (300, 400 2000, etc.) it is
necessary to locate points on the spiral that can be
connected by a curve template. This can be accom-
plished by dividing the spiral into convenient length
segments; determining the X and Y values of each
segment; and using the X and Y values to plot the
P.O.S. (point-on-spiral) of each segment.
In actual practice it would be unnecessary to use the
following procedures for a 200 foot spiral; however,
to retain continuity with the preceding steps we will
use the 200-foot , spiral of figure 8-25.
Step 12a - Divide the spiral into convenient length
spiral segments. For this example we divided the
200 spiral into segments of 50 intervals (50, 100,
150, 200).
Step 12b - Using the standard highway spiral table
Figure 8-32
(table V of the Highway Division book Of tables or
Step 9 - From the p point on the semi-tangent, and table V in figure 8-27) find the values of L = 50, L =
at right angles to the semi-tangent, measure the p 100, L = 150 and L = 200 where a = 10.
distance (5.79). This point is on the arc of the central
For this problem, the X and Y values are:
curve circle where the circle is tangent to a line run-
ning 5.79 from, and parallel to, the semi-tangent. See P.S. to P.O.S*t 40 + 48.29 (figure 8-34)
figure 8-33. Xi = 0.36 and Yi = 50
P.S. to P.O.S..2 40 + 98.29
X2 = 2.91 and Y2 = 99.92
P.S. to P.O.S.3 41 + 48-29
X3 = 9.79 and Y3 = 149.42
P.S. to P.S.C.
X = 23.07 and Y = 197-58 (located in steps 4 and 5)
The P.O.S. points could also be located using the U,V,
and S values where the spiral segments are those por-
tions of the standard highway spiral a = 10 between
P.S. and the P.S.C.: namely,
P.O.S.1 40 + 48.29 ( L = 50)
U1 = 33.33; V, = 16.67; S, = 1015,
P.O.S.2 40 + 98.29 (L = 100)
Figure 8-33
U2 66.69; V2 = 33.36; S2 = 5
Step 10 - From the p point, and on a line at right P.O.S.3 41 + 48.29 (L = 150)
angles to the semi-tangent, measure R + p (the radius
U3 = 100.20; V3 = 50-16; S3 = 11015
distance plus the p distance) on a radius line to Rp
(the radius point). In this example, R + p = 286.48 + P.S.C. 41 + 98.29 (L = 200)
5.79 = 292-27. U = 134.19; V = 67.45; S = 200
8-31
Stev 12c - Using U1, V1, and S1, locate P.O.S.1. In this Spiral Segments
case it will be 33.33 from the P.S., along the semi-
tangent; thence turn a 1015 angle right 16.67 to the It may be necessary to determine the chord and the U
P.O.S.1 40 + 48.29. and V distances for the segment of a spiral. The fol-
lowing are the special procedures recommended by
Step 12d - Using U2, V2, and S2, locate P.O.S.2 This the State Highway Division.
point is 66.69 feet from the P.S., along the semi-tan-
gent; thence on a 50 angle right a distance of 33.36 feet Given:
to P.O.S.2 40 + 98.29. 200 spiral segment as shown in figure 8-35 a = 1.0,
connecting a 3 curve to a 50 curve.
Step l2e - Using U3, V3 and S3, locate P.O.S.3 (engineer
station 41 + 48.29 in figure 8-34). It is 100.20 from the Problem:
P.S., thence on a 11015 angle right a distance of 50. 16 Find S, U, C and V distances for that spiral segment.
to station P.O.S.3 41 + 48.29.
The given spiral segment is that part of the Standard
The X and Y values can be used to check the deflec- Highway Spiral, a = 1 .0, between the P.O.S. at L=300
tion angle values; or the deflection angle values can and the P.O.S. at L = 500. In the solution of the given
be used to check the X and Y values. problem S, U, V, X, and Y are values for L=500; Sl, U1, V1
Step 13 - Plot the spirals using a ships curve or engi- X1, and Yl are values for L = 300 and S2, U2, C2 and V2 are
neers curve to connect spiral points. the values to be found for the given spiral segment.
Figure 8-34
Figure 8-35
8-32
From the Highway Division Spiral table V for a = 1.0;
(334.17 200.06) Sin 430
V2 = 167.43
L = 500, S = 12030, U = 334.17, Sin 800
V = 167.43 ;1, X = 36.24 and Y = 497.63 V2 = 91.83
L = 300 S1 = 4030 U = 200.06
V1 = 100.06 , X, = 7.85 and Y, = 299-81 C2 = (36.24 7.85)2 + (497.63 299.81)2
The solution to this problem was provided through C2 = 199.847 or C2 = 199.85
the courtesy of the Oregon State Highway Division.
Spirals of Unequal Length
S 2 = SS1
Most highway spirals are of the type we have dis-
(U Ut) Sin S cussed; two equal length spirals abutting a central
U2 = V1
Sin S2 simple curve (e.g., as shown in figure 8-28). There
are, a however, other spiral curve variations; i.e.,
(U Ut) Sin St central curves with spirals of unequal length, com-
U2 = V
Sin S2 pound spiral-central curves with spirals of different
length and circular central curves of different radii,
C2 = (X X1)2 + (Y Y1)2 and spiral and curves with a spiral at only one end of
the circular curve.
Solution:
Next to the equal length spirals in frequency of oc-
S2 = 1230 - 430 = 800 currence in highway surveys is the spiral curve with
spirals of unequal length (figure 8-36).
(334.17 200.06) Sin 1230
U2 = 100.06 In figure 8-36 we have a spiral curve with the degree
Sin 800
of the central curve being the same as the right-hand
U2 = 108.506 or U2 = 108.51 spiral. From P.S.C. to P.T. this curve is the same as the
Figure 8-36
8-33
curve of figure 8-25. The left hand spiral, however, is
(R (R + p) Cos )
only 150 long and a = 12.5. TS2 = +q
sine
To plot the curve of figure 8-36, locate the P.I. using when is less than 90. When is over 90 the cos
TS2 for the back semi-tangent and TS1 for the forward function will have a negative value.
semi-tangent. If TS1 and TS2 are not provided on the
highway strip map, they can be computed using the The spiral and curve are plotted by the methods used
formulae: for the curve of figure 8-25, except the right-hand of
the arc of the circular curve will terminate at P.T. in-

TS1 = q1 + (R + p2) tan (p1 p2) cot stead of P.C.S.
2
and
(P1 P2) cot
TS2 = q2 + (R + p2) tan +
2 sin
The rule for the equations being TS1 (and subsequent-
ly LS1) is always the longer spiral. Likewise, q1 and p1
are values for LS1 and q2 and p2 are values for LS2.
Spiral L1 is plotted exactly as the 200 spiral of figure
8-25 using the same a = 10 values for X, Y, p, and q.
Remember, however, the semi-tangent (TS1) will be
a different length than the semi-tangent of the spiral
curve in figure 8-25.
L2, the shorter, can be plotted using the same steps as
described for the curve of figure 8-25. The values for
LS1 and LS2, are:
Figure 8-37
LS1 LS2
Compound Spirals
D1 = 2000 D2 = 1845
S1 = 2000.00 S2 = 1403.75 Compound highway spirals are rare when compared
q1 = 99.60 Q2 = 74.85 to the frequency of occurrence of the basic spiral of
p1 = 5.79 P2 = 3.06 figure 8-25 and 8-28. Therefore, cartographers seldom
Y1 = 197.58 Y2 = 149.10 become proficient at computing and plotting this
type of curve. That, and the fact that there are many
X1 = 197.58 X2 = 12.22
complex variations of compound curve, makes it a
C1 = 198.92 C2 = 198.92
cartographers nightmare.
U1 = 134.19 U2 = 100.32
V1 = 67.45 V2 = 50.29 The simplest variation of the compound spiral is the
spiral-to-compound circular curves - to spiral curve
Spiral Curve With Only One Spiral as illustrated in figures 8-38 A and B.
Figure 8-37 illustrates a Standard Highway Spiral To provide another approach to solving for curve
with the spiral part at only one end of the total curve; values, we will use the curve sub-triangles and trigo-
in this case - the left end. The right-hand end of the nometry to provide the lengths of sides and base of
curve goes from a circular curve to tangent (at P.T.). the whole curve (TS5, TS6 and LC). Figure 8-38B il-
There is no P.C.S. lustrates the five main triangles of the problem curve.
The solution is as follows:
To plot the curve, locate the P.I. using the values of
TS1 and TS2. These semi-tangent distances are com- Step 1 - From the values supplied by the strip map,
puted with the formulae: compute the semi-tangents TS1 through TS4. Use the
formulae:
(R + p2) (R cos )
TS1 = R1 (R1 + p1 cos T1)
sine TS1 = + q1
and sin T1
8-34
Figure 8-38
8-35
Step 2 - To find the missing sections of TS5 (n1 and TS6
R1 + p1 (R1 cos T1) (n2), use the formulae:
TS2 =
sin T1
(where: T = 7628.; T1 = 4718; T2 = 2910; and n3
R2 + p2 (R2 cos T2) = TS2 + TS3)
TS3 =
sin T2 n3 n1
=
R2 (R2 + p2 cos T2) + q2 sin T sin T1
TS4 =
sin T2 543.84 n1
=
let us assume the values to be: sin 7628 sin 2910
TS1 = 320.19 543.84 n1

= = 272.61
.97223 .48735
TS2 = 225.61 and
TS3 = 318.23 and n3 n2
=
TS4 = 318.00 sin T sin T1
Figure 8-39
8-36
The spiral segment is a factor that makes the three-
543.84 n2 spiral curve a special problem requiring a different
=
sin 7628 sin 4718 approach to curve solving; the deflection angle ap-
proach. To stress the importance of deflection angles
543.84 n2
= = 411.09 we will substitute some simple computations with
.97223 .73491 the longer deflection angle computations (e.g., com-
puting S angles that could be easily derived from the
hence: n1 = 272.61 and spiral tables). After you have mastered the three-spi-
n2 = 411.09 ral curve, the tables can be used to obtain the values
of S, U, V, I, i and Y.
subsequently, TS5 = 272.61 + 320.19 (592.70) and
TS6 = 411.09 + 318.00 (729.09)17. This is sufficient to
complete traverse computations; however, to check Solution of the Three-Spiral Curve18
the P.S. - P.T. location we can compute the value The traverse and curve data of the subject curve
of L.C. (or C in figure 8-38B). Treat the problem by
is supplied in figure 8-39. The values necessary to
converting, the curve triangle into a Pythagorean
traverse coordinate computation (TS1 and TS2) are
triangle (adding the external triangle) and solving for
missing. Likewise, the bearings and distance of the
x, y, b, and c.
long chords were omitted from the highway strip
Step 3 - Solve for y. (1 = T) map. The objective, then, is to solve for the sides of
y = (TS5.) sin 1 the curve triangle.
1 = 180 (90 + 1) = 1332 Remember, although this curve contains an incom-

plete spiral, the definition of the standard highway
y = 592.70 .23401 = 138.70 spiral applies to the spiral segment as well as the end
From this we can establish the value of b (of figure spirals; that is, a curve whose degree varies directly as its
8-38B) as 867.79 (TS6 + Y). length, beginning at zero at the P.S. and reaching a degree
of curve equal to the circular curve at the P.S.C.
Step 4 - Solve for X.
Figure 8-40 is the front end of the curve of figure 8-
X= TS82 y2 = 576.24 39. Figure 8-41 is that part of the curve of 8-39 that
contains the spiral segment. The drawings of figures
Step 5 - Solve for C.
8-40 and 8-41 have been exaggerated to clarify the
C= X2 + b2 = 1041.69 special elements of this curve. Take special note of
the spiral segment in figure 8-41, specifically the 330
Hence, the sides of the main curve triangle are: curve produced forward. On the standard two-spiral
TS5 = 592.70 highway curve the arc of the circular curve would fall
TS6 = 867.79 138.70 inside the spiral; whereas, in this case it falls outside
C = 1041.69 = LC the spiral. The figure also shows the omitted part of
the spiral. The solution to the three-spiral curve will
If necessary, the trigonometric solution can extend to
begin by finding the long chords of each spiral, each
any sub-triangle of the highway curve, e.g., triangle
curve and the spiral segment.
P.S. P.C.C., P.T., P.S. P.I.1 P.C.C. or P.C.C. P.I.2 P.T., etc.
After the curve triangle is plotted, the arcs of the Step 1 - Find the bearing of the long chord of the first
curves and spiral can be plotted by methods already spiral (LC1). To compute the bearing we must find the
described in this chapter. value of i (the deflection angle of the back semi-tan-
gent to the long chord). Use the formula:
The discussion on spiral curves, to this point in the
Chapter, has centered on the spiral that starts on the i = 10ad2
highway centerline traverse and ends on the center- Where: a = 100 D/L = 1.25
line traverse. There is, however, a highway, curve d = length in 100 stations
that contains only a segment of a standard spiral; the L = 280
beginning of the spiral being offset from the center- S = 454
line traverse. It is a special compound highway curve
Spiral deflect. = 1/3 S
known as the three-spiral curve. The curve, illustrated
Back Semi-tan. = S 435730 E
in figure 8-39, contains two full highway spirals, two
circular (simple) curves and one spiral segment. i = l0ad2 = 98 minutes = 138
8-37
Figure 8-40
8-38
Check: If S = 454 then 1/3 S = 138 From this we can check the bearing, of the line tan-
Hence, the bearing of LC1 is gent at P.S.C.
S 435730 E Back Main Tan. S 421930 E Bearing of LC

13800 (i) 31600 Back deflection
S 390330 E
= S 421930 E LC1 bearing
(Had this curve turned to the left it would have been added We can now establish the rule: A spiral curve and a cir-
to the main tangent bearing. See Chapter 4.) cular curve which coincide at any point (such as the P.S.C)
deviate from each other at the same rate as the spiral does
Step 2 - Find the length of LC1.
from the tangent at the P.S.
LC1 = X +Y
2 2
The total deflection of the circular curve is equal to
Where: X = 7.98 x2 = 63.6446 one-half of the central angle, or:
Y = 279.80 y2 = 78285.42
Deflection angle between line
LC1 = X2 + Y2 = 279.91 tangent at P.S.C. and LC2 = 2/2
To check the value of LC1 use Table IV of the Standard 2 2406 =

or =
Highway Spiral book where S = 454. 2 2 1203
C/L = LC = 0.999675 280 = 279.91 This is equal to the product of .3 of a minute, the de-
Step 3 - Find the bearing of the long chord of the first gree of curve and the length of the curve: or,
simple curve.
3 (3.5 x 688.57) = 723 = 1203
From step 1 we established the value of S (=454).
This is the deflection angle of the line tangent to the The bearing of LC2 would, therefore, be:
simple curve at P.S.C. and the back main tangent.
S 390330 E Bearing of line tan to P.S.C.
With S we can derive the bearing of the line tangent
120300 Circular curve deflection
to the 3.5 degree curve at the P.S.C.
S 270030 E Bearing of LC
S 435730 E Back Main Tan. Step 4 - Find the length of LC2. Use the formula:
45400 S (or i at the P.S.C.)
S 390330 E LC2 = 2R sin /2
The deflection angle can also be computed as: From figure 8-39 C.R. = 330. From table 14 (in the
i = .3 DL appendix) a 3.5-degree curve has a radius of 1637.022

feet. The delta angle of the curve (A) is 2406.
Here, the deflection angle i is equal to the product of
.3 of a minute, the degree of curve, and the length of Hence (where sin 1203 .20876521)
the spiral; or,
LC = 3274-04 sin 1203 = 683.51
i = .3(3.5 280) = 294 = 454
Step 5 - Find the bearing of LC3 (the long chord of the
The back deflection angle would be: spiral segment).
Deflection of line tan to P.S.C. = 4 54 A spiral segment is used to connect a circular curve of
Spiral deflection = 138 any degree to a circular curve19 of another degree by us-
= Back spiral deflection = 316 ing a portion of a spiral having a curvature intermediate
(or 2/3 S = 2/3 454 = 316) between the two circular curves.
8-39
Figure 8-41
8-40
Therefore, in this case the spiral segment between a Step 6 - Before we can solve for the length of LC3 it
330 curve and an 8 curve is used; omitting the first is necessary to find the total length of the spiral (the
segment of the spiral from 0 (infinite radius) to 330. included segment plus the omitted segment). Use the
See figure 8-41. formula:
In this problem the deflection angle is computed as
done for an intermediate set up on any standard spi- 100 D
(total) L =
ral. To obtain deflection angles from a line tangent to a
the first circular curve, compute the deflection angle
where: D is the degree of curve (8) and a = 5.
of the circular curve and add (add going forward on
the curve) to the deflection angle of the spiral at a cor- (total) L = 800/5 = 160 feet
responding distance from the P.C.S.
from the formulae
Step 3 provided the mechanics for computing the
deflection angle of the first circular curve (3.5curve). X 2n-1
The product of that computation was 1203. This is =
L (2n1)!(4n1)(1)
used to compute the bearing of the line tangent to the
first circular curve at P.C.S. plus station 268 + 02.94. and
S 270030 E Bearing of LC2 Y 2n-1

=
120300 Curve deflection L (2n2)!(4n3)(1)
S 145730 E line tan. to P.C.S. of 3.5 curve
for 160 feet, X = 5.95 feet Y = 159.80 feet.20 Next, find
Given in figure 8-39, the spiral segment values are the difference of the X and Y values between the full
L = 90 (= d in 100 stations = .9), a = 5, D = 3.5, S = length spiral and the omitted segment.
51030.
Remember, the spiral deflection angle formula: X Y L
i = 10 ad2 5.95 159.80 160

and circular curve deflection angle formula: .50 70 70 omitted
i = .3 DL 5.45 89.80 90 difference
Use these, as follows, to compute the deflection angle Find the length of LC3 by solving for:
of LC, to the line tangent to P.C.S.
LC3 = X2 + Y2
The deflection angle of the spiral segment is:
using the x and y remainders,
i = 10ad2 = 10(5 x 92) = 40.5 minutes
i = 004030;
LC3 = 5.452 + 89.802
and the circular curve deflection angle is:
i = .3 DL or .3 (3.5 x 90) = 94.5 min. = 8093.7425
i = 13430
The deflection angle to LC3 is, therefore: LC3 = 89.96 = length of the long chord
of the spiral segment
004030
Step 7 - Find the bearing of LC4 (the long chord of the
+ 13430
second circular curve).
17460 First, compute for the back spiral deflection angle for
or 21500 the spiral segment (i = .3 DL) or,
To obtain the bearing, of LC4, subtract the deflection i = .3 (8 x 90) 216 minutes
angle from the bearing of the line tangent to P.C.S. of i = 33600
the 3.5 circular curve.
Compute the deflection angle of the spiral segment
S 145730 E (i = 10 ad2), or
2 1500
i = 10 ad2 = 10(5 x .92) = 40.5 min.
S 124230 E LC3 i = 4030
8-41
Subtract the deflection angle of the spiral segment
from the back spiral deflection angle of the spiral S 12230 E LC5
segment. 12000 1/3 S
33600 S 00230 E
04030 From figure 8-39, the forward main tangent is S
25530 00230 E.
Rule: Always add the deflection angle of the circular curve Step 10 - Solve for the length of LC5, using the formula:
and the spiral when computing forward (towards the
sharper end of the spiral). Subtract the deflection angle of LC5 = X2 + Y2
the spiral (from the circular curve) when computing back.
where: X = 2.3 and Y = 99.95
Therefore,
LC5 = 2.332 + 99.952
S 124230 E LC3
LC5 = 99.98
25530 Back Sp. Deflect
S 94700 E = Bearing of line tan to the spiral CHECK - To check the accuracy of your computa-
and 8 curve right (at P.S.C.). tions, check the curve delta angle against the total
delta angles of the sub-arcs of the curve (the spirals
The values of the second circular curve are: L = 71.77; and circular curves).
D = 8 and A = 54430 ( /2 = 25215).
S 43 5730 E Back main tan.
The bearing of LC4 is, therefore, computed as:
S 00 0230 E Fwd. main tan.
S 94700 E line tan at P.S.C. 435500 = Total
25215 /2
S 65445 E Bearing. of LC4 and
Step 8 To find the length of LC4, use the formula: 45400 S of sp.1
240600 of 3.5 curve

LC4 = 2R sin + 51030 S of Sp. Seg.
2 544 30 of 8 curve
For an 8 curve where /2 = 25215 40000 S of End Sp.
= 4211460
LC4 = 2(716.20) sin 25215 = 435500 = Total
LC4 = 1432.4 x .05008453
LC4 = 71.74 (length of the long chord The values balance.
of the 8 curve) Step 11 - Solve for LC6, the long chord of the whole
Step 9 - Find the bearing of LC5 (the last spiral, or end curve. This is solved via latitude and departures as
spiral of the curve). Begin the computation by solv- computed in Figure 8-42.
ing for the bearing of the line tangent to the 8 curve Thus, the long chord bearing is
at P.C.S.
departure
Tan. = = .49278976
S 6 5445 E LC4 latitude
25215 /2 of 8 curve
.49278976 is tan of 261401
S 40230 E Bearing of line tan to the 8 curve
at the P.C.S. LC6 = S 261401 E
LC5 is, therefore, Step 12 - Compute the length of LC6 by using the
formula
S 40230 E
24000 2/3 S of end. sp. LC6 = lat2 + dep2
S 12230 E Bear. of LC5 or
To check that computation subtract S from the bear-
LC6 = 1074.862 + 529.682
ing of LC5. The remainder should be the bearing of
the forward main tangent. LC6 = 1198.28
8-42
Step 13 - Find the angles of the triangle of the whole
curve.
S 43 5730 E [Back Main Tan.]

S 261401 E [LC6]
S 174329 = between tan and LC6
S 261401 E [LC6] Figure 8-43

S 000230 E [Fwd. Main Tan.]
Let C represent LC6, the long chord of the total curve.
S 261131 = between LC6 and forward In step 12, we computed LC6 as 1198.28; and in step
main tangent
11 we found a = 174329, b = 261131 and c =
1360500. The sines of each angle are as follows:
1800000 Sum of any triangle
435500 Total sin 174329 = .30444372
1360500 = Interior between forward
sin 26 1131 = .44138057
& back semi-tangents.
sin 1360500 = .69365331
CHECK
174329 bet. BK tan. & LC6

26 1131 bet. FWD. Tan. & LC6 C sin a
Use the formula A = to find TS2 of the curve
1360500 bet. Semi-Tan. sin c
(A of figure 8-43).
1795960 = 180 = Closed Triangle
Final Step (14) - Compute the main semi-tangents of 1198.28 .30444372

TS2 =
the curve. Use the law of sines, .69365331
TS2 = 525.92 (P.I. to P.T.)

sin a sin b sin
where: = =
A B C
A sin b
for the triangle of figure 8-43, which represents our Use the formula B = to find TS1 of the curve
sin a
curve triangle. sin a (B of figure 8-43).
8-43
If your computations are correct the curve values will
1198.28 .30444372 be as follows:
TS1 =
.69365331
Step 1 Bearing LC1 = S8720E
TS1 = 762.48 (P.S. to P.I.) Step 2 Length LC1 = 399.65
Note: The approach used in this solution is also ap- Step 3 Bearing LC2 = S6948E
plicable to the two-spiral compound curve illustrated Step 4 Length LC2 = 605.40
in figure 8-38A and B. Step 5 Bearing LC3 = S5216E
Step 6 Length LC3 = 199.63
Exercise - Three Spiral Curve
Use the preceding steps 1 through 14 to compute the Step 8 Length LC4 = 344.10
long chord and semi-tangents of the curve in figure Step 9 Bearing LC5 = S9 1 6E
8-44. Step 10 Length LC5 = 319.29
FORWARD MAIN TAN = S500E
CHECK East. = 900000 (BK Tan)
= 85 (Total )
S 5E FWD. MAIN TAN.
and: 800 S of Sp.1
2424 of 4 Curve Right
1200 S of Sp. Segment
2748 of 8Curve Right
+ 1248 S of End Sp.
8500 Total
Step 12 Length LC6 = 1661.30
Step 14 Length TS2 = 961.34
Length TS1 = 1273.70
Right-of-Way Lines of the

Figure 8-44
Standard Highway Spiral
The given curve data is:
The curve information supplied on strip maps always
First Spiral: L = 400 sp relates to the centerline traverse, not to the right-of-
S = 8 way lines. In figure 8-45 the spiral curve data is for
A=1 the centerline of the highway right-of-way; however,
First Circular Curve: C.R. = 4 T, S and apply to the right-of-way lines as well as
= 2424 the centerline. Moreover, Rp is the point of symmetry
L = 610 for the right-of-way lines as well as the centerline;
however, the radius of each line is different. The
R = 1432.39
radius of the centerline is 286.48. The radius of the
Spiral Segment: L = 200 sp.21 outside right-of-way line will be R + 50 (336.48); of
S = 1200 the inside right-of-way will be R 50 (236.48 ). If the
A=2 radius of each line is different, the degree of curve is
different for each line; the inside being
Second Circular Curve (c.c.): C.R. = 8
= 2748 D = 5729.58/R-50 = 24.23;
L = 347.5 the centerline being
R = 716.20
D = 5729.58/R = 20;
End Spiral: L = 320 sp.
and the outside right-of-way being
S = 1248
A = 212 (or 2.5) D = 5729.58/R-50 = 17.03
8-44
It should be obvious from figure 8-45 that the length ownership data will be superceded by later surveys
of each central curve right-of-way (r/w) line is differ- and later instruments of conveyance. The railroad
ent. Therefore, it stands to reason that the length of should not, however, be rejected or rated subordi-
each spiral r/w line is different. This will not present nate to other data merely on the basis of the age of
a problem to the cartographer if the following rules the survey. The traverse surveys were executed with
are adhered to: suprisingly high precision and, therefore, must be
considered in the analytical bridging process.
1. The P.S. of the inside and outside right-of-way
lines are always on a line intersecting the center- Like highway strip maps, the railroad strip maps pro-
line P.S. at right-angles to the back main tangent. vide survey ties to the lines and corners of sections,
2. The P.T. of the inside and outside right-of-way section subdivisions, donation land claims, subdivi-
always on a line intersecting the centerline P.T. at sions, old roads and highways, rivers, ditches, and
right angles to the forward main tangent. other railraods. Moreover, from the standpoint of
title abstract, the railroad strip maps are a treasure of
3. The P.S.C. of the inside and outside right-of-way historical ownership data.
lines are at the intersection of a radius line, pro-
jected through the centerline P.S.C., and the right- This section will provide an explanation of the Right-
of-way lines. of-Way and Track Maps, railroad curves and curve
geometry. The plotting procedures are identical to
4. The P.C.S. of the inside and outside right-of-way highway right-of-ways; therefore, they will be omit-
lines are at the intersection of a radius line, pro- ted from this section.
jected through the centerline P.C.S., and the right-
of-way lines. Railroad Right-of-Way and Track Maps
RAILROAD SURVEYS The Right-of-Way and Track Maps represent the
route strip maps for most common-carrier railroads.
The detail drawings of the depots, yards and stations
Railroad right-of-way survey plats are an important
are commonly referred to as Station Maps.
reference source for establishing cadastral map ge-
ometry. The right-of-way and centerline data are re- Figure 8-46 is a small section of the Right-of-Way
corded on strip maps titled Right-of-Way and Track and Track Map of the Southern Pacific Railroad in
Maps. Most railroad surveys were executed in the Lakeside, Coos County. It is a good example of the
early 1900s; subsequently, much of the survey and type and quantity of usable cadastral data contained
Figure 8-45
8-45
on most of the strip maps. The lettering No. 2, No. The Right-of-Way and Track Map22 also confirms a
8, and No. 9 refers to a part of the drawing called discrepancy between the plat of Lakeside location
the Schedule of Property. Most railroad strip maps of the Coast Meridian and the railroad survey loca-
(at least those of the Southern Pacific Company and tion of that meridian. It establishes the existence of a
Union Pacific Company) will display the schedule. As county road through the S 1/2 NE 1/4 of Section 13,
figure 8-47 illustrates, the schedule contains valuable T.23S. R.13W. W.M.; provides the location of Eel creek
historical ownership data of the lands bisected by the in the early 1900s (sometimes essential to the solution
railroad right-of-way. Parcel number 8, for example, of riparian problems); provides location of aban-
was acquired from the United States by an 1875 Act of doned centerline traverse N; establishes location
of Ten Mile Creek; and shows the location of some
Congress. No. 9 was purchased from Peter Menegat
of the lots, blocks, alleys and streets of the. Town of
and wife by a 1914 warranty deed recorded in DB
Lakeside and Elk Park Addition to Lakeside.
69-511 of Coos County. The right-of-way alienated
by the Menegats contained 6.052 acres. For research Railroad Right-of-Way and Track Map abbreviations
purposes it would be reasonable to assume that the are:
Menegats owned the land on both sides of the right- = Delta angle
of-way; this, at least, will provide a starting point for S = Total angle of taper
title research. Parcel number 2 was conveyed to the B.C. = Beginning of Curve
Willamette Pacific Railroad Compay by J. L. Simpson C = Long chord
(et ux, et at). A county ordinance of 1912 provided C.C. = Compound curve
for the county road crossing parcel number 2. A 1912 Culv. = Culvert
permit from the State Railroad Commission provided Rtd = Distance from main tangent, in the taper
for a crossing grade on parcel number 2. part of the curve, to the radius point (Rp.).
Figure 8-46
8-46
Figure 8-47
8-47
D = Degree of curve Railroad Centerline Stationing
D = Tangent offset to main curve produced to
N (fig. 8-47). The subsection on highway centerline stationing is
E.C. = End of curve (the whole curve) applicable to railroad centerline stationing; however,
l = Length of circular curve there are some differences and railroad stationing
L = Length of taper or length of simple curve policies that warrant noting.
LC = Long chord Railroad Right-of-Way and Track Maps often contain
L.t. = Turning left the stationing of side tracks, abandoned tracks, spurs
N = The point offset from the tangent and ra- and other traverses. They also include stationing of
dius point. switch boxes, railroad crossings, property lines, signal
P.O.T. = Point on tangent posts, fences, culverts, loading decks, frogs,23 water
R = Radius tanks, station houses, fuel tanks, storage buildings,
R.t. = Turning right scales, grain elevators, utility lines, etc. Subsequently,
Sc = Station at centerline traverse it is often difficult to identify the current centerline
T = Distance on tangent to point N where the traverse. Figure 8-48 is typical of the Right-of-Way
main curve produced becomes parallel to and Track Maps that show confusing stationing. The
the back or forward main tangent. secret to locating the proper centerline traverse is (in
T.C. = Total of the curve (T.C. = ) most instances) to locate a solid line marked with the
Tang. = Tangent 100 foot-interval station ties. This is usually the main
X = Distance on tangent to any station of the line traverse (marked M.L. in figure 8-48).
taper. On most Right-of-Way and Track Maps the equation
Xing = Crossing stations are not identified by the word EQUATION
Y = Offset from tangent (as with highway strip maps). It is, therefore, advis-
Figure 8-48
8-48
able to review the maps very carefully to identify A = The point where the main tangent ends and
all equation stations, being certain to mark or note the taper begins (the B.C.). At this point the
the stations for easy identification later. If this is not radius of the taper is infinite.
done, there is an excellent possibility that you will
B = The point on the semi-tangent that is oppo-
encounter the same station problems identified with
figure 8-4. site a point where the tangent to the circular
curve (produced forward or backward) be-
Railroad engineers and surveyors used letter des- comes parallel to the main tangent. It is d
ignations with most stationing. This was done to distance, at right angles, to the main tangent
prevent confusion over which traverse the stationing from point N.
was referenced to, e.g., the E and N lines in figure
8-46. The designations A, B, C, D, E, G, H, K, L, L2, U, E = A point on the semi-tangent where a line
M, N, T and Z were used to identify stationing on the tangent to the central curve and spiral at C.C.
Mapleton-Myrtle Point Section of the Southern Pa- intersects the semi-tangent.
cific Railroad. It is, therefore, strongly recommended G = The P.I. of the whole curve.
that you include the letter designation when labeling
stations on the cadastral maps. H = The point of taper to the central (simple)
curve. At this point the radius of the taper is
Railroad Curves identical to the radius of the central curve.
The first railroads were designed as simple curves N = The point where the arc of the central curve
connected by straight lines. In the later years the becomes parallel to the main tangent.
transitional curves were included in the design of X = (point x) The point on the semi-tangent, at X
railroads; never, however, totally replacing the sim- distance from point A, that is opposite point
ple curve. The simple curve has still been retained H. Line A pt X is the latitude of line AH; Line
for most curves less than 1 of arc. It is, therefore, not ptXH is the departure of line AH.
uncommon to find one section of railroad with taper
curves, simple curves, compound taper curves and The central curve of the highway spiral is based on
compound simple curves. the degree of curve as defined by the central angle
subtended by an arc of 100 feet, whereas, the central
The railroad simple curve principals are identical to
curve of the railroad taper curve is based on the
the highway simple and circular curve principals24.
degree of curve as defined by the central angle sub-
Therefore, the subsection, formulae, tables and illus-
tended by a chord of 100 feet (the same definition ap-
trations on highway circular curves can be applied to
plied to railroad simple curves). The formula for the
the railraod simple curves.
railroad simple curve is:
The Railroad Taper Curve 50
R =
The transitional curve employed in most railroad sur- sin D/2
veys in Oregon is a spiral-type curve referred to as the
For example, the radius of a 4 railroad simple curve is
taper curve. This type of curve is basically like the ten-
chord25 spiral and is so identical to the standard high- 50
way spiral that, with special care, the highway spiral R = = 1432.6854
.0348995
tables can be used to obtain curve values. There are,
however, some minute differences between the spiral Whereas, the formula based on the arc definition
and taper. Therefore, we will supply taper tables and used for highway simple curves provides a slightly
some instruction on computing taper values. different answer.
Figure 8-49 is a detailed drawing of a right-hand ta-
5729.578 5729.578
per curve in figure 8-46 (station E 3147 + 09.3 B.C. to R = =
plus station E 3160 + 48.7 E.C.) the parts between plus D 4
stations E 3147 + 09.3 and E 3150 + 39.3, and between R = 1432.3945
E 3157 + 18.7 and E 3160 + 48.7 are the tapers. The
arc connecting the tapers is the simple central curve. If the value of R for the chord definition is different
Greater detail of the taper is provided in figure 8-50. from the value of R for the arc definition, it stands to
The circled letters are the designations of the taper reason that other curve values will be different; for
elements. They are: example,
8-49
Figure 8-50
8-50
Arc Chord Distance on the semi-tangent to point B (t).
Degree of curve 4.00 4.00 t = X R sin S or,

Delta angle 44.00 44.00 28.647889757L
t = X sin S
S
R 1432.40 1432.68
Semi-tangent 578.70 578.80 t = 164.944 (for the example curve)
Long Chord 1073.15 1073.36 Central angle of the taper(s).
Middle Ord. 104.28 104.30
Where: D = degree of curve and
External Ord. 112.47 112.49
L = length of the taper.
L 1099.45 1099.66
DL
It should be obvious that the resulting differences of the S = = 457
values are too small to have an effect on the graphics of 200
the curve. Subsequently, although the highway simple Departure -- Semi-tan. to point N (d).
curve and spiral curve formulae will be only approxi- d = Y - R vers S or,
mate for railroad simple curves and taper curves, they
will suffice for most cadastral map purposes. 28.647889757L
d = Y vers S
S
The values of the railroad taper in figures 8-49 and 8-
50 can be derived from the following formulae: d = 2.807
Semi-tangent of total curve. Latitude of taper (x).26
TS = t + (R+d) tan

2
X
L
=
( 2n-2
(2n2)!(4n3)(1)n+1 )
Figure 8-51
8-51
Figure 8-52
Where = S in radians be to the right of the L value. For our subject taper (of
figure 8-49 and 8-50), the taper length is:
x = 329.7432
3150 + 39.3 = C.C.
Departure of the taper (Y).27 3147 + 09.3 = B.C.
Y
L
=
( 2n-1
(2n1)!(4n1)(1) n+1 ) or, L = 330
3 + 30.0 = L
x = 9.93003 The D, S, HAX, U, V, C, t, d, (R + d), X and Y values for

a 330 t12 taper are outlined with a heavy line in figure
The distance on the tangent from the B.C to the intersec- 8-52. Table 28 in the appendix will supply the values
tion with a tangent through the first C.C. (v). for most tapers between t12 and t4.
u = X ( Y cot S )
u = 215.00
Plotting the Standard Railroad Taper
The distance on the tangent through the first C.C. from The taper of figure 8-49 (between E 3147 + 09.3 B.C.
the C.C. to the intersection with the tangent through and E 3160 + 48.7 E.C.) is the subject of this discus-
B.C, (v). sion. Remember the first rule in plotting any type of
curve (highway, railroad, county road, street, etc.):
Y
v = Y = csc S always locate the points of the curve triangle B.C. P.I. E.C.
sin S before locating the arc and sub-elements of the curve. The
The external ordinate of the whole curve. The distance first point to be located should be the P.I. This will keep
from the P.I. of the total curve to the center of the arc of the mistakes, blunders, personal errors, accidental
the central curve (on a radius line extending to the P.I). errors, and systematic measuring and plotting errors
within the confines of the curve.
Es = d + (R+d) exsec
2
The long chord of the taper (c).
c = Y2 X2
c = 329.893 = line AH
The taper tables, as shown in figure 8-52, can be used to
obtain the taper values. Where t = 12, for a taper between
30 and 570, simply figure the length of the taper and
locate that value in the L column. The taper values will Figure 8-53
8-52
Step 1 After locating the points of the curve triangle, possibly a ship curve. In this step use an appropriate
locate the x point on the semi-tangent (figure 8-53). curve template to plot the tapers, making certain that
the tapers gently are away from the main tangent and
Step 2 From the x point on the semi-tangent, mea-
gently flow into the circular curve. Keep in mind that
sure the Y distance on a line that is to the right and
the taper has the same radius at the C.C. as the abut-
perpendicular to the main tangent. Ms is the point
ting simple curve.
where the taper intersects the central curve; the C.C.
(figure 8-54).
Figure 8-54
Figure 8-55
It is a good practice to think of each point in terms
of deflection angle as well as the right-angle measure-
ments. The deflection angle to the C.C., from the B.C., Semi-Tangent with Unequal Tapers
is under the HAX column of the taper table (opposite
The semi-tangents of the curve of figure 8-56 can be
the taper length). For the subject taper, HAX is 143
derived from the formulae.
30 Hence, the bearing of the long chord of the first
taper is: Where is less that 90:
S 700000 W (R1 + d1) (R + d cos )

TS = + t
+ 14330 sin
S 714330 W
Step 3 - Measure the t distance (164.94) from B.C., on (R + d) (R + d1 cos )
TS1 = + t1
the semi-tangent, to point B (figure 8-55). sin
Step 4 - On a line at right angles to the semi-tangent and, where is greater than 90
from point B, measure the d distance and the R + d
distance (figure 8-55). The d distance locates point N, (R + d1) + (R + d1 cos )
TS = + t
which is the point where the circular curve tangent sin
becomes parallel to the back main tangent. Distance
R + d locates the radius point. (R + d) + (R + d1 cos )
TS1 = + t
The deflection angle of N B.C. B can be found by us- sin
ing the law of sines.
Repeat the foregoing steps to establish the points of Compound Railroad Curves
the end taper. Rp must be the same for both tapers
Compound railroad curves can be solved and plotted
(when the first and end tapers are of equal length).
by the same procedures outlined for the compound
Step 5 - Using Rp as the point of symmetry of the cen- highway spirals; however, the formulae are slightly
tral curve, use a pencil compass to plot the arc of the different.
central curve (from C.C. to C.C.).
For example, a 2-taper compound curve would be
Step 6 - Railroad tapers are usually short; there- the same configuration as the 2-spiral compound
fore, the tapers can be accurately plotted with an curve illustrated in figure 8-38A. The semi-tangent
engineers curve, French curve, railroad curve, or formulae are:
8-53
R1 (R1 + d1 cos T1) Here, the highway p value is substituted with the rail-
TS1 = + t1 road d value (from the taper tables); and the highway
sin T1 q value (from the spiral tables) is substituted with the
railroad t value (from the taper tables). Although the
(R1 + d1) (R1 cos T1)
TS2 = letters are different, the values represent the same
sin T1 points of measurement. With the railroad, as with the
highway, the triangle P.I.1 P.I. P.I.2 (figure 8-38A) can
(R2 + d2) (R2 cos T2) be solved using the law of sines.
TS3 =
sin T2
To solve for the three-taper curve (two end tapers and
R2 (R2 + d2 cos T2) one intermediate taper segment), use the process out-
TS4 = + t2 lined for the three-spiral highway curves. The high-
sin T2 way formulae converted to railroad formulae are:
Figure 8-56
8-54
HIGHWAY RAILROAD (old) station grounds. Subsequently, the subdivisions
and additions to the towns and cities were built upon
I = 10ad2 Same the townsites that abutted the railroads. This is why
LC1 = X +Y 2 2
LC1 = Y2 + X2 the station grounds are often an excellent starting
I = .3DL Same point for control mapping in urban areas. Of course,
as with any survey plat, dimensions and distances of
LC2 =2Rsin /2 Same the station map often have to yield to more accurate
100D measurements supplied by later surveys.
L= Same
a In addition to survey ties, the station maps also pro-
vide the location of improvements on the grounds
A = 100D L Same that still exist today; e.g., loading docks, cold storage
plants, grain elevators, and oil storage tanks. The
(
locations can be confirmed by plats supplied to the
)
X 2n-1
= below Department of Revenue with the PCMs.28
L (2n1)!(4n1)(1)n+1
TRANSMISSION LINE
Y
L
=
( 2n-1
(2n1)!(4n1)(1) n+1 ) ROUTE MAPS
Y
L
=
( 2n-1
(2n2)!(4n3)(1)n+1 ) below Transmission line maps are maps of the easements
of major electrical power lines (i.e. 115 to 750 KV).
The maps of the major transmission lines, such as
X
L
=
( 2n-1
(2n2)!(4n3)(1)n+1 )
those of Portland General Electric and the Bonnev-
ille Power Administration, supply some of the best
cadastral control data available. If you mentally add
From the preceding formulae it is evident that the the transmission lines to the network of highways,
highway spiral X value has the same meaning as the county roads and railroads, it should become evident
railroad taper Y value. Subsequently, the highway Y that the transmission line surveys provide a most im-
value has the same meaning as the railroad X value; portant link for the analytical bridging of the survey
however, switching the values in the LC formulae, as networks.
below, will have no affect on the result.
The survey strip maps supplied by the Bonneville
LC4 = X +Y2 2
LC4 = Y +X
2 2 Power Administration (BPA) provide more reliable
cadastral data, per square inch, than any other survey
data. For example, part of sheet 11 of 11 (BPA drawing
LC4 = 2R sin same
2 325-11-D, serial 72521) shown in figure 8-57, contains
over 25 ties, 7 coordinate ties, 3 ties to the section
LC5 = X2 + Y2 LC5 = Y2 + X2 grid, 3 ties to the Sunset Highway, a tie to the West
Coast Telephone Company line, a tie to the Nehalem
LC6 = lat2 + dep2 same
Highway, the true to grid mapping angle (1-5850),
It should be apparent that, with care, the procedures the location of the Nehalem River, ownership data on
for the highway spiral are applicable to any railroad all lands intersected by the easement, location of the
curve. Timber Substation, etc. Yet, the part shown in figure
8-57 represents only the north-half of sheet 11 of 11.
Railroad Station Maps When plotting BPA lines, keep it in mind that the
surveys are based on the Oregon Coordinate System;
Every set of railroad strip maps should include a sta-
the bearings are not geodetic. To avoid confusion and
tion map of the lands, tracks and structures of station
obtain the best possible accuracy, always plot the
grounds. Often, however, the map has to be ordered
transmission line traverse by coordinates - not by
from the railway company. The station maps are an
dimension and bearing. When showing grid bearings
excellent source of cadastral data; primarily, they sup-
on the cadastral map, always lable the bearing grid
ply important ties to subdivisions and townsites in-
or O.C.S. for Oregon Coordinate System.
tersected by, or abutting, the station grounds. In most
cases the station grounds were the center of the towns Although the BPA surveys have a reputation for be-
and cities, and it is commonplace to find streets, lots ing very reliable, they are not infallible. The evidence
and blocks running parallel and perpendicular to the supplied by the surveys must be analyzed and used
8-55
Figure 8-57
8-56
as with any other survey. Many ties to property lines by later surveys, photos may have to be used to sup-
are good; however, examine this data carefully. Often ply the approximate curve lines. This process must
the measurements are to fence lines, not property lines. be done with great care because of the possibility of
transferring photo distortion to the cadastral, map.
MISCELLANEOUS ROUTE SURVEYS Some reference data on county roads are only re-
Surveys are made of every utility route. Be alert to the views and field surveys of the proposed routes. They
do not always represent the location of the road as
possibility that where a ditch, natural gas transmis-
constructed. In such cases it is the actual road location
sion line, canal, etc., exists, a survey might exist that
that must be shown by solid lines on the cadastral
could solve many of your mapping or title problems.
map. The route as constructed and traveled has the sup-
Many of the sources for this data are listed in the
port of statutes and court rulings (except in the case
chapter on Cadastral Reference Sources.
of dedicated streets and alleys of additions, townsites
County roads and city streets are routes and are usu- and subdivisions). It is, however, a good practice to
ally supported by surveys. When mapping, this data show the surveyed route by a dashed line where the
source is as important as any other route survey. The road has not been constructed (unless fee title to the
elements discussed in the section on highways are road was conveyed to the public which is seldom
those used in most road and street surveys; however, the case).
symbolization and graphic treatment of the draw-
A word of caution! It is not uncommon to find old
ings often vary from those used by the Oregon State
road surveys that were executed by dragging chain
Highway Division. By exercising a little care, the
instead of breaking chain (see Chapter 6). Consequent-
procedures outlined for highways can be used for
ly, the accumulated error in these surveys could (and
any route.
have) resulted in the road location being off several
Remember, some of the older route surveys show hundred feet. If the general shape of the survey con-
only P.I. to P.I. measurements, as if curves were not forms to the constructed route, but the road appears
designed into the road. In nearly every case you will stretched out on your map, there is an excellent
find that the roads have curves; they were not con- possibility that the error is a result of a surveyor drag-
structed from P.I. to P.I. If curve data is not supplied ging chain.
8-57
Railroad Centerline Stationing 8-48
Contents
INTRODUCTION 8-3
Railroad Curves 8-49
STEPS USED IN ESTABLISHING A
ROUTE 8-3
HIGHWAY SURVEYS 8-5

The Railroad Taper Curve 8-49
Highway Strip Maps 8-5
Highway Centerline Stationing 8-7
Problem Stationing 8-7
Equation Stations 8-9 Plotting the Standard Railroad Taper 8-52
Computing P.I. to P.I. Values 8-10
Property Line Stationing 8-11
StationingShort Centerline Distances 8-11
Semi-Tangent with Unequal Tapers 8-53
SummaryStation Computations 8-11
Highway Curves 8-12
The Circular Curve 8-12
The Simple Curve 8-13 Compound Railroad Curves 8-53
Plotting the Route 8-16
Plotting The Simple Curve 8-17
Plotting Large Radius Curves 8-18
Railroad Station Maps 8-55
Curve Right-of-Way Line Variations 8-20
Compound Circular Curves 8-21
Reverse Circular Curves 8-23
Simple Curves in Reverse 8-23
TRANSMISSION LINE ROUTE MAPS
The Standard Highway Spiral 8-23
Plotting The Standard Highway Spiral 8-30
Spiral Segments 8-32
Spirals of Unequal Length 8-33 8-55
Compound Spirals 8-34
Solution of the Three-Spiral Curve18 8-37
Exercise - Three Spiral Curve 8-44
MISCELLANEOUS ROUTE SURVEYS 8-57
Right-of-Way Lines of the Standard Highway Spiral
8-44
RAILROAD SURVEYS 8-45

Railroad Right-of-Way and Track Maps 8-45
8-58
9
CHAPTER
MAP
COMPUTATIONS
9-1
9-2
m. Eleven-digit calculating capacity and eight-digit
INTRODUCTION display.
For large mapping or map maintenance operations, a
It is the primary function of this Chapter to make cost saving can usually be realized by acquiring and
available, for ready reference, the solutions to many of applying a large-capacity programmable calculator.
the mathematical problems associated with cadastral
Rule 1 - Once you have been provided a calculator never
cartography. Included here are the important rules,
perform complex computations by hand.
equations and formulae of cartography; however, some
mathematical data included in other Chapters has been Rule 2 - Never perform a computation unless it is needed.
excluded here (specifically that of Chapters 6 and 8). For example, it is beneficial to know how to check
a traverse for closure; but it is unnecessary to make
If we remove the drafting and research functions of that computation without some indication that the
cadastral cartography, the remaining problems are geo- traverse does not close.
metric and require trigonometric solutions. For this rea-
son we have placed special emphasis on trigonometry
fundamentals. However, we have made a special effort CHECK YOUR
to associate the material with the problems of cartogra-
phy. If you follow the procedures and rules provided, it COMPUTATIONS
is possible to solve many of the problems without any
formal training in algebra, geometry, or trigonometry. Rule 3 -- Always checks your computations - especially
those critical to map geometry.
Some of the material will seem insultingly elemen-
tary to the cartographer fortunate to possess exten- Most mathematical problems can be solved by more
sive mathematical skills. But there are cartographers than one method: by alternate formulae or equations;
(training level and journeymen) who either forgot by tables of values; by graphics, by planimeter, drafting
the rules and elements of high school and college machine, engineer scale, etc. Of course the alternate
mathematics, or never possessed that knowledge. methods are usually less reliable, but they will suffice
The material provided (that -will seldom surpass the as an approximate check of your computations. For
complexity of analytical trigonometry) is for these example, a planimeter can be used to check a DMD
cartographers; and especially those who consume computation. If your error is small, however, it might
not be discovered. But if the error is considerable, it
many hours seeking graphic solutions to problems
will show by planimetering.
that could be mathematically solved in minutes.
Tables of values should be used to provide exact
The numerical problems were performed with an elec-
mathematical data rather than for checking computa-
tronic hand calculator costing less than twenty dollars.
tions. Some tables, however, may not supply enough
The hand calculator is an essential mapping tool; well
information but they can be used as a check on com-
within the limitations of any budget. The features and
putations: for example, checking a trigonometric
functions of the calculator enable the cartographer to function computed to eight significant figures with a
perform these cadastral computations: function table to four significant figures.
a. Algebraic data entry. Each step in a long computation that cannot be
b. +, -, x, functions checked by an alternate method should be checked
c. Data entry +/- and (pi). by repeating the computation. When a serious error is
d. Display scientific notation, scientific notation discovered, the new computation should be checked
removal, exponent increment, and exponent before a correction is made. If possible, have someone
decrement. check the important computations.
e. Algebraic functions x2, x , 1/x, yx and x y .
You will find the x (square root) function Common Sources of Errors
worth twice the investment.
f. Data grouping capability ( ). The following is a list of factors that commonly cause
g. Store, recall, sum and exchange memory functions. computation errors. The list is in order of the average
h. Percent functions: %, +%, x% and %. frequency of occurrence in mapping computations.
i. Trig functions: sine, cosine, tangent, sin -1, cos -1, a. Incorrect rounding-off of numbers.
tan -1.
j. Angular modes: degrees, radians and grads. b. Incorrect conversion of degrees, minutes and
k. Logarithmic: In x, log, ex and 10x. seconds to degrees in decimals, e.g., calling 630,
1. Constant (k) operating with +, -, x, , yx and x y . 63.30, instead of 6.50. Or, the incorrect conversion
9-3
of degrees in decimals to degrees, minutes and sec-
onds, e.g., calling 6.50, 650 instead of 630.
c. Transposition of numbers or formulae, e.g., writ-

ing 6.59 for 6.95.
d. Performing computations in the incorrect order

of mathematical operations.
e. Use of wrong data.

Figure 9-1
f. Use of wrong formula.
g. Parallax (see glossary).
h. Confusing the altitude and sides of non-rectan-

gular polygons. For example, using the formula Figure 9-2
A = 1w to compute the area of the parallelogram
in figure 9-1. Actually, the correct formula is A =
bh. This problem ranks number one in area computa-
TABLES OF VALUES
tions. Many cartographers still assume that A = 1w
Whenever possible use tables of mathematics values
will provide the same results can never be the same.
This should be evident when we retain the values of w to shorten or avoid long computations. This practice
and l of figure 9-1 in figure 9-2, but decrease the value will reduce computation time and increase the ac-
of h. curacy of the computations you must make. This
manual includes the hard-to-find and out-of-date tables
In figure 9-1, A=lw would produce an area of 10,595 needed in cadastral cartography: i.e., map scale con-
square feet. The actual area is 10,000 square feet, or A versions, chains to feet, compass conversions (cardinal to
= wh (formally written A = bh). angular and cardinal to sexagesimal, Lambert Conformal
projection (both zones), meridian convergence, constants
On the other hand, A = lw of figure 9-2 would still be for Oregon, etc. Those tables generally available in
10,595 square feet. But it is evident that the polygon commercial outlets, (such as natural trigonometric
contains less area than that of figures 9-1. The true area
functions, sines and cosines for radian measurement,
is actually 1,900 square feet, or A = hw.
common logarithms of trig functions, etc.) have been
i. Failure to check instruments settings. excluded from the manual.
j. Failure to clear your calculator after each com- Interpolation

putation. One way to be sure that your hand
calculator is cleared is to shut it off between com- Many cadastral computations require the use of
putations. This will also minimize power con- tables of values. All too often, the value needed is
sumption and increase the life of your battery. not provided in the tables (lying between two given
tabular numbers). In most cases it is possible to find
k. Forgetting to divide the numerator by the de- the missing value by a process known as interpolation
nominator in fraction formulae. For example, not -- the mathematical operation of completing a partial series
dividing by 2 in the taper formula: of numbers or observations, in accordance with the law of
the series. For example, you need the sine of 45030
(expressed mathematically as sin 4530), yet the table
E = R exsec
2 (figure 9-3) only provides functions to the degree.
The solution, by interpolation, is as follows:
This is especially common in computations in-
volving one-half the delta angle. Numerical Example No. 1. From the table, sin 45 =
.70711 and sin 46 = .71934. Since sixty minutes (60) =
l. Confusing, or neglecting the signs of numbers 1, thirty minutes (30) = 12 one degree (12).
((positive (+) and negative (-))). The correct treat-
ment of the signs will be especially important in sin 46 = .7193
latitude and departure computations. Instruc- sin 45 = .7071
tions on positive and negative numbers are avail-
able in most elementary algebra textbooks. Difference = .0122
9-4
therefore, Note: Interpolation process. It is also is a time con-
suming and bothering the source of many computa-
sin 45 = .7071 tional errors. It is a process that can, in most cases, be
12 of .0122 = + .0061 avoided by using a slide-rule electronic calculator. By
using an electronic calculator, numerical example No.
.7132
I would have been solved by:
Hence,
ENTERING: 45.50
sin 4530 = .7132 PRESSING FUNCTION KEY: sin
In this example, the proportional part of the difference ANSWER ON DISPLAY: .71325045
(.0061) was added to sin 45 because the sine increases as The entire process requires less than fifteen seconds.
the value of the angle increases.
Numerical Example No. 2. Find csc 4945. SIGNIFICANT FIGURES
The value lies between csc 49 and csc 50. From table
9-3 csc 49 = 1.35250 and csc 50 = 1.3054. Since there are The concept of significant figures is important to cadas-
60 in 1, 45 is equal to .75 of 1 (or 34 of one degree). tral. surveying, and subsequently - important to cadas-
tral cartography. The term refers to those digits in any
csc 49 = 1.3250 number which have meaning, that is, whose values are
csc 50 = 1.3054 definitely known to be correct. For example, the num-
ber 276440 has six significant Figures. In this concept the
Difference .0196
decimal point has no effect. Each of the following varia-
therefore, tions of 276440 also have six significant figures:
csc 4945 = 1.3250 2.76440 276.440

00.276440 2764.40 and
.75 (.0196) = .0147 27.6440 27644.0
csc 4945 1.3103 The second number, 00.276440, points to another
In this example, the proportional part of the difference interesting fact about significant figures: the number
(0.0147) was subtracted from csc 49 because the cosecant of significant figures in a decimal is not always the same
(csc) decreases as the value of the angle increases. as the number of digits in the number.1 This is because a
zero is not always a significant figure; it all depends
Problems 1 and 2 point out one of the main rules of
on its position with respect to the decimal point and
interpolation:
figures. For example, the number of significant fig-
Rule 4 - When interpolating the values of trig functions add ures in the following numbers are:
the value of minutes (and seconds) of the function to the value
0.0000028 has 2 significant figures
of the function if that function is a sine, secant or tangent.
0.00000280 has 3 significant figures
Subtract the value of minutes and seconds of the function 0.02000080 has 7 significant figures
from the value of the function, if that function is a sine, 2.00080000 has 9 significant figures
cosecant or cotangent. 2.800000 has 7 significant figures
Figure 9-3
9-5
When we say that the significant figures are those or if the survey was balanced and found to be zero
known to be correct we do not mean that each is minutes and zero seconds in the results, we assume
known to be accurate. Actually, mathematicians con- the recorded value would be S690000W. It should,
sider the number of significant figures that are accu- therefore, be clear that the addition of zeros to S69W,
rate to be one less than the total number of significant by the cartographer, would be incorrect. It would
figures; the last number is always considered as being have the effect of adding four meaningful figures to
unreliable and, therefore, only approximate. Hence, the surveyors measurement. Hence, rule number 6
the measurement 1323.11 has six significant figures; applies to bearings as well as distances.
five reliable, the last approximate. The measurement
is, therefore, to the hundredth, but only accurate to Adding Zeros that are
the tenth. Suppose, for example, the measured value
941.26 has a probable error of 0.04. This 0.04 casts
Not Significant Figures
doubt on the accuracy of the fifth digit of the mea- The only way to add zeros to a number, and not make
sured value, but is not great enough to cast doubt on the zeros meaningful, is to place them at the begin-
the fourth digit. The number 941.26 0.04 is then said ning of the number; for example, adding two zeros to
to have five significant figures. If the probable error a decimal value (adding zeros to .67 to record 00.67).
in the same measured value were 0.073, the value In this case the zeros are not significant figures and,
would have only four significant figures, as doubt is therefore, have no meaning They are, however, ben-
cast on the fourth digit making the fifth digit mean- eficial because they place emphasis on the decimal.
ingless. The surveyor would probably record the Thus, a map user will be less apt to mistake .67 for
value on the plat as 941.3, or 941.3 0.07. Hence, the sixty-seven feet.
following rule:
Likewise, adding a zero in front of the significant fig-
Rule 5 -- Each digit of a number is a significant figure until ures of a bearing will not destroy the meaning of the
the digit is reached for which the probable error equals, or bearing. Hence, N02W still means N2W; the zero
is more than 10 units. has no meaning.
Adding Significant Figures Rounding Significant Figures

to Existing Numbers We have established that it is improper to add sig-
The number of significant figures noted on a survey nificant figures to a number. Does this mean that
must be assumed to be adjusted or rounded-off after significant figures cannot be removed from large
the probable error has been calculated by the surveyor. cumbersome numbers to provide a desired number
The cartographer should make no other assump- of significant figures? No, significant figures can be
tion unless other data is available to support differ- removed if the following rules are adhered to. 3
ent values. Yet there is a myth in the cartographic Rule 7 -- Significant figures can be removed from map,
community that the addition of zeros to a number survey and deed lengths to the hundredth of a foot, rod,
to bring the number to the hundredth has the effect chain, etc.
of adding credence to the number, e.g., labeling a
surveyors measurement of 1323 as 1323.00 on the Therefore, it is permissible to shorten 2376.154 to
cadastral map.2 Actually this has the effect of adding 2376.15; but not to 2376.
what appears to be meaningful figures to the number. Rule 8 -- Significant figures can be removed from acreage
It is telling the map user that the surveyors measure- values to the nearest hundredth of an acre.
ment is accurate to the nearest tenth of an inch. From
our discussion on significant figures, we can see that Hence, .0462 acres can be reduced to .05 acres.
the result is the cartographers number is technically Rule 9 -- When dropping significant figures (rounding),
incorrect. rules 11 through 15 must be adhered to.
Rule 6 -- Do not change the number of significant figures Rule 10 - Significant figures must never be dropped from
in survey measurements by adding zeros to the end of the angle measurements (bearings, azimuth, etc.).
measurement value.
Rule 11 -- When the figure to be dropped is less than 5, the
Would this principle apply to bearings? The answer figure preceding remains unchanged.
is yes. If a surveyor records the bearing S69W, he is
Therefore, .053269 to the nearest hundredth becomes
recording the accuracy of that measurement (this is
.05.
an assumption we must make). If the angular mea-
surement was accurate to the nearest minute, we as- Rule 12 - When the figure to be dropped is more than 5, the
sume he would have recorded S6900W on his plat; figure preceding is increased by 1.
9-6
Thus, 3.45620 to the nearest hundredth becomes 3.46. tions first, then using inverse operations as indicated
in the equation.
Rule 13 -- When using rules 11 and 12 consider only the
figure to be dropped and the preceding figures, disregard 4x 8 = 12 4x 8 + 8 = 12 + 8
the figures that follow. 8 and + 8 cancel each other
In otherwords, the number .044446 cannot be round- therefore,
ed to .05 by rounding each figure back from figure 6,
i.e., .044446 to .04445 to .0445 to .045 to .05. 4x 20
4x = 20 4x =
4 4
When dropping the figure 5, a little more consider-
ation must be applied. Although elementary math thus x = 5
books suggest always increasing the preceding figure by
one when the figure 5 is dropped, this will provide poor
results on more complex computations. Therefore,
EXTRACTING
that rule should not be used to round numbers (in-
cluding assessed acreages). Use the following rules:
SQUARE ROOTS
Rule 14 -- Whenever the figure 5, followed by all zeros, is When we find what number, when multiplied by it-
dropped the preceding figure remains unchanged if even, self equals 9 we have extracted the square root of 9. In
but is increased by one if odd. mathematics this is expressed as:
Therefore, .0450 to the nearest hundredth becomes 9 = 3
.04 and .0750 becomes .08. Contrary to rule 13, when
because 32 = 9
the number 5 is followed by figures other than zero,
those figures must be considered. The extraction of the root of a number such as
38686.40 requires many steps when using hand calcu-
Rule 15 - Whenever the figure to be dropped is 5 followed
lations. On the other hand, the root can be extracted
by figures other than zero, the preceding figure is always
in seconds on an electronic hand calculator with the
increased by one.
x key.
Therefore .0451 to the nearest hundredth becomes .05.
Numerical Example No. 4 To find the square root of
The figure preceding the 5 is dropped even when the 5
38686.40 on your electronic hand calculator:
is followed by a zero, but that zero is followed by a fig-
ure greater than zero. Thus, even .045001 becomes .05. ENTER: 38686.40
Rule 14 and 15 will provide a better probability that PRESS: x or
solutions will balance. This will become evident in DISPLAY: 199.68859
latitude and departure computations and other com- Rounded, this is 196.69.
putations of higher mathematics. The rules must be Check: Square the answer (196.692)
adhered to when rounding acreages and distances to ENTER: 196.69
PRESS: x2
hundredths on the cadastral map.
DISPLAY: 38686.956
ORDER OF MATHEMATICAL THE TRIANGLE

OPERATIONS
The term polygon, as used in this chapter, means a
When several mathematical operations are involved figure represented by a plane surface circumscribed, by 3
in one problem the operations are to be performed in or more intersecting linear sides. The most important
the following order: figure of cartography is the triangle. A triangle is a
figure formed by three straight lines meeting at three
1. Operations in parenthesis. points. The lines are referred to as sides or legs of the
2. Powers and roots. triangle, and the points are the vertices (plural) or ver-
3. Multiplication and division in their order of oc- tex (singular) of the triangle.
currence.
4. Additions and subtractions. A triangle with three equal sides is an equilateral tri-
angle. A triangle with two equal sides is an isosceles
An exception to the above rules is when reverse order
triangle. And a triangle with no equal sides is a scalene
of the rules are used to solve equations.
triangle. More important is the relationship of the an-
Numerical Example No. 3. The equation 4x 8 = 12 gle to the triangle. Every triangle has three angles. If
can be solved by performing additions and subtrac- one angle of a triangle is exactly 90 it is a right angle;
9-7
therefore, a triangle containing an angle of 90 is a of the sides adjacent the right triangle is equal to the square
right triangle. Triangles containing an angle greater of the hypotenuse. For the triangle of Figure 9-6 this is
than 90 are obtuse triangles. A triangle whose angles mathematically expressed as:
are all less than 90 is an acute triangle.
1.4 r2 = x 2 + y 2
In trigonometry, any triangle having no right angle is
Therefore, if we know the length of sides x and y, we
an oblique triangle; therefore, obtuse and - acute triangles
ate oblique triangles. Every oblique triangle has two can use the following formulae to find the length of r.
right triangles as illustrated in figure 9-4. Note: In our 2. r= x2 + y2
illustrations a 90, or right triangle will be graphically rep-
resented as: or,
3. r= r2
Numerical Example No. 5. Find the value of r where

x = 500 and y = 230.
First square x and y and add their sums.
Figure 9-4
x2 = 250,000
the small square meaning 90.
y2 = 52.900
In figure 9-4 h represents the height (or altitude) of 302.900
the triangle and the side of the right triangles.
If r2 = 302,900, then the square root of 302,900 equals
Note: The height of a triangle does not have to be the up and the length of r, the hypotenuse; or,
down - line of a triangle. It can be any line from any vertex to
the opposite side. Therefore, if we view the acute angle of 9-4 r= r2 = 302900
as in 9-5, the height can be from vertex C to line AB. and
THE RIGHT TRIANGLE 302900 = 550.36352

thus, r = 550.36
IN CARTOGRAPHY Numerical Example No. 6. Find the value of x where r
= 244.15 and y = 200 Start with equation 1.
Every polygon of the cadastral map can be divided
into triangles. From the previous section we estab- x 2 + y2 = r2
lished that every triangle is either a right triangle, or therefore,
is composed of two right triangles. It therefore stands
to reason that the mathematics of the right triangle is X2 + 2002 = 244.152
essential to cartography. The specific mathematics of X2 = 244-152 - 2002
the right triangle is trigonometry. Use the following equation to solve for x:
In trigonometry the right triangle is known as the r2 x 2
4. x=
Pythagorean triangle. This is based on Pythagoras
Theorem that in any right triangle the sum of the squares therefore,
9-8
x= 596098.22 40000 70 78.26
=
x= 19609.22 100 b
x = 140.03 (78.26)(100)
b =
Numerical Example No. 7. Use equation 5 to find y 70
when r = 700 and x = 606.22.
x= r2 x 2
Start with equation 1.

7002 = 606.222 + y2
Now use equation 5.
y= 7002 606.222
y= 122497.31
y = 350
Figure 9-7
From this discussion we can conclude that any right
triangle can be solved if the lengths of two sides are known.
Angles of Triangles
Whenever all angles of one triangle are equal to
the angles in another triangle, the two triangles are
said to be similar triangles. For example, triangle A in
figure 9-7 is similar to triangle B. Since the triangles
are similar by definition, the following proportion
involving the lengths of the sides is true:
a b c
6. = =
a b c
This principle can be used to find the value of two
sides of a similar triangle if all sides of the other simi-
lar triangle are known and one side of the subject tri-
angle is known. Numerical example number 8 shows
how this can be useful in cadastral cartography.
Numerical Example No. 8. Find the length of n and
c of parcel 2 of figure 9-8. Use the mathematical pro-
portion of equation 6 to solve for b and c of triangle
ABC.
Figures 9-8B and 9-8C show each value of the tri-
angles of 9-8A.
Careful analyzation of figure 9-8 will show that tri-
Figure 9-8
angle ADE is similar to triangle ABC. Thus, they are
similar triangles. Therefore, b = 111.8. Subtract the length of b to find
side n. Thus, n = 111.8 - 78.26 = 33. 54.
To solve, substitute the known values in equation 6.
Use the first and third of the equal ratios to find c.
70 78.26 35
= =
100 b c 70 35
=
Solve the first two rations for b. 100 c
9-9
(100)(35) Functions of Right Triangles
c =
70 The ratios of the sides of right triangles are technical-
ly called natural trigonometric functions. They are the
c = 50 sine, cosine, tangent, cotangent, secant and hypotenuse
Rule 16 - The sum of the interior angles of any triangle is cosecant (abbreviated sin, Cos, tan, cot, sec, csc). The
equal to 180. functions and ratios of the triangle of Figure 9-10 are:
With that rule we can prove that two triangles are y
11. tangent = = tan
similar if two angles of one triangle are equal to two x
angles of the other triangle. The remaining angle in
any triangle must be equal to 180 minus the sum of y
the other two angles. 12. sine = = sin
r
Rule 17 Two right triangles are similar if an acute angle of
one triangle is equal to an acute angle of the other triangle. x
13. cosine = = cos
If these angles are equal, the triangles are similar r
because the right angles in the two triangles are also Once we know the ratio for one right triangle it is
equal to each other. Whenever one acute angle of a true for all similar right triangles no matter now large
right triangle is given, the other acute angle may eas-
or small.
ily be found. Assuming that the acute angle given is
25, the other acute angle is: There are three other possible ratios which are recip-
180 - 90 - 25 90 - 25 = 65 rocals of the first three.
However, 65 and 25 are complements of each oth- r

14. cosecant = = csc
er.5 Therefore, if one acute angle of a right triangle is y
equal to , the other acute angle will be (90 = ).
r
Most of the practical uses of trignometry are based 15. secant = = sec
on rule 18. x
Rule 18 - Two right triangles are said to be similar if one x

acute angle of one triangle is known to be equal to one 16. cotangent = = cot
y
angle of the other triangle.
The reciprocal of the sine will provide the value of
Therefore, in figure 9-9 we have two similar right
triangles. We may, therefore, write the mathematical the cosecant.
proportion: r 1 1
17. csc = = =
x y y yr sin
7. =
x y The reciprocal of the cosine will provide the value of
the secant.
or interchanging the mean terms in the proportion,
we have: r 1 1
18. sec = = =
x xr cos
x x
8. =
y y The other functions, the tangent, and the cotangent
can also be expressed in terms of the sine and cosine.
and, in like manner:
y yr sin
19. tan = = =
y y x xr cos
9. =
r r
and
and
x xr cos
19. cot = = =
x x y yr sin
10. =
r r In any right triangle the side y is the side opposite the
THIS IS THE MAIN PRINCIPLE OF angle whose function is needed. The side x is always
TRIGONOMETRY. adjacent the angle. Therefore, we can summarize the
9-10
information in this section in the following manner y 300
(refer to figure 9-10). tan = = = 0.75000
x 400
y opposite side
sin = =
r hypotenuse r 500
sec = = = 1.25000
x 400
x adjacent side
cos = =
r hypotenuse r 500
csc = = = 1.66667
y 300
y opposite side sin
tan = = =
x adjacent side cos x 400
cot = = = 1.33333
y 300
r hypotenuse 1
csc = = = If we substitute 500 with 50 or 5, 400 with 40 or 4,
y opposite side sin and 300 with 30 or 3, for the triangle of figure 9-11,
the ratios would be the same, for example:
r hypotenuse 1
sec = = =
x adjacent side cos y 30
sin = = = 0.60000
r 50
x adjacent side cos
cot = = =
y opposite side sin y 3
sin = = = 0.60000
r 5
Numerical Example No. 10. Find the values of the
trigonometric functions of the angle of figure 9-12.
Figure 9-9
Figure 9-12
Here we have only two sides given; however, we can

find the third side by using the Pythagorean Theorem
(equation 1).
r2 = x 2 + y 2
by interchanging the terms
Figure 9-10 y2 = r2 x2
so that
y2 = 6002 3002 = 270000
and
y= 270000 = 519.62
Figure 9-11 Using the values of x, y and r:
y 519.62
Numerical Example No. 9. Find the values of the sin = = = 0.86603
trigonometric functions of the angle of figure 9-11. r 600
y 300 x 300
sin = = = 0.60000 cos = = = 0.50000
r 500 r 600
x 400 y 519.62
cos = = = 0.80000 tan = = = 1.73207
r 500 x 300
9-11
r 600 can be used whenever one of these sides and an acute
csc = = = 1.15469 angle are given and it is desired to find the other
y 519.62
side.
r 600
sec = = = 2.00000
x 300 Numerical Example No. 12. Find the length of side y
of the parcel of land in figure 9-13.
x 300
cot = = = 0.57734
y 519.62
Trigonometric function tables can be used to find the
numerical values of the ratios of the sides of right
triangles. If you need the ratio of two sides of a right
triangle containing a known acute angle , you look
for the angle in a table to find the desired ratio. For
example, table 9-3 is a simple table of natural trig.
functions of angles 400 to 500. The cotangent of 430,
for example, is under the column cot (at the top) and Figure 9-13
to the right of 430, or 1.07237.
Most trig tables in textbooks are only to the degree From 9-13
and minutes of a degree; however, some, books of
tables are to the second, and in ten decimal places. y y y
tan 35 = = tan 35 =
x 200 200
Considerable time savings can be realized by using
your electronic hand calculator with the trigonom-
From your calculator:
etry functions keys. The following example was per-
formed in seconds, whereas use of the trigonometry
tan 35 = .70021
tables required several minutes. There are two other
distinct advantages in using the electronic hand cal-
From this we can establish:
culator: namely, fewer mistakes will be made in
obtaining functions of the angles - especially large
y
angles, and interpolation can be eliminated. = 0.70021
200
Numerical Example No. 11. To complete a computation
you need the ratio of x y (the sides adjacent the right
therefore, y = 200 (0.70021
angle) of 43 or the cotangent of 43. This can be obtained
from your electronic hand calculator as follows:
or y = 140.04
ENTER: 43
PRESS FUNCTION KEY: tan Now, use our electronic calculator to solve for r (the
DISPLAY: .93251508 hypotenuse) using equation 2.
PRESS RECIPROCAL KEY: 1/x
DISPLAY RESULT: 1.0723687; the ENTER: 200
cofunction of .932.51508. PRESS: x2 then +
ENTER: 140.04
The total operation required less than 15 seconds.
PRESS x2 then =
PRESS: x (or )
Using Trigonometry DISPLAY: 244.15405
ANSWER: r = 244.15
To Solve For Missing
Cadastral Measurements Sine of an Angle
Whenever we want to find y or r, and either of these
Tangent of an Angle and an acute angle is given, we may use the sine to
find the unknown value.
The ratio y/x or
Numerical Example No. 13. Use the following for-
opposite side
mula to find the value of r of the triangulation in
adjacent side figure 9-14.
9-12
Cosine of an Angle
Whenever we want to find x or r and an accute angle
are given, we may use the cosine to find the missing
values of a parcel of land.
Numerical Example No. 14. Find the values of x and
parcels of figure 9-15.
y Figure 9-15
sin A =
r Solution: Use equation 13 to find x.
x
350 cos 50 =
sin 30 = = 0.5 450
r
and cos 50 = .64279,
and
therefore,
350 350
0.5 = or r =
r .5 x
.64279 =
450
thus, r = 700
interchanging the terms
Use your electronic calculator and equation 4 to solve
for x. (.64279)(450) = x
ENTER: 700 thus, x = 289.26
PRESS: x2 then
Use equation 5 to solve for y.
ENTER: 350
PRESS x2 then = and x y= 4502 289.262
DISPLAY: 606.21778
y = 344.72
ANSWER: 606.22
The solution to some missing measurements seem
Check your computation. If, according to the Py- beyond the capabilities of mathematic solution.
thagorean Theorem x2 y2 = r2, then 606.222 plus 3502 However, many of these are well within the realm
should equal 490000 (r2). When you check this on of simple trigonometry. For example, most of the
your calculator the display will read 490002.69. Do measurements of the parcels of figure 9-16 appear
not be concerned about the +2.69. This is the result of unobtainable via office computations. But as the fol-
rounding the computation (606.21778 to 606.22). The lowing example demonstrates, the sine, cosine and
490002.69 is close enough because: tangent functions can be used to find every missing
490002.69 = 700.00 measurement.
as well as: Numerical Example No. 15. Find the length of the
boundaries DN, OD, ON, OP, DP and DR of the par-
490002 = 700.00 cels of figure 9-16.
9-13
To find BD,
BD
tan 15 =
BN
BD
tan 15 = .2679 =
BN
BD
.2679 =
161.3
and
BD = (.2679)(161.30) = 43.21
Figure 9-16 thus, OD = OA + AB + BD = 178.56

First, put down the values obtainable from the dia- and,
gram.
DN = BD2 + BN2 = 166.99
RDP = 15 OND = 55
so,
OPA = 23 NOD = 150
DPA = 15 ODN = 75 DP = DN + 100 = 266.99
POA = 67 POD = 67
Finally, we can use the cosine of an angle to find DR,
And and we can find line PR from the formula:
MN = AB = 100 sin 15 = 25.88, PR = DP2 + DR2
MP = 100 cos 15 = 96.59
OD = OA + AB + BD Find DR.
Now, set down the tangent ratios of the 23 triangle DR

.cos 15 =
(OPA) and 40 triangle (ONB). 266.99
OA OA OA
tan 23 = = = DR
AP AM + MP AM + 96.59 .9659 =
266.99
OA
tan 23 = 0.4245 = (.9659)(266.99) = DR
AM + 96.59
DR = 257.88
OA = 0.4245 AM + 41.00
PR is found as follows:
OB OA + AB OA + 25.88
tan 40 = = =
BN AM AM PR = 266.992 + 257.882
OA + 25.88 PR = 69.15
tan 40 = 0.8391 =
AM From one measurement and six bearings we comput-
OA = 0.8391 AM 25.88 ed all the missing lengths of each parcel polygon.
We now have two relations for the line segment OA.

Subtracting one from the other, we obtain: FUNCTIONS OF ANGLES
O = 0.4146 AM + 66.88 GREATER THAN 90
So, AM = 161.3 and OA = 109.47
AP = AM + MP = 257.89 Thus far in our discussion we have worked with
the trigonometric functions of an angle in a right
Use equation 2 to find line OP
triangle. Since the size of an acute angle in a right tri-
OP = AP2 + OA2 = 280.16 angle must be less than 90, the functions have been
restricted to the first quadrant. However, all angles
And, AB = MN = 25.88 hence, ON can be solved using
have sines, cosines and tangents. Our problem now is
equation 2; or
to make general definitions of the functions, so as to
ON = BN2 + OB2 = 210.56 include those angles greater than 90.
9-14
Sine of an Angle The last two equations give the value of the sine of
any angle between 90 and 270 in terms of the sine
The numerical value of the sine of an angle is equal to of an angle less than 90. The sine of an angle in the
the projection of a unit radius on the y - axis. In figure fourth quadrant is found from the formula:
9-17 we have a circle with a unit radius. 23. sin (360 ) = sin () = sin .
If we plot the angle increasing to the right and the
value of the sine vertically, we obtain a sine curve (il-
lustrated in figure 9-18).
Figure 9-18
The numerical value of the sine varies between plus

one and minus one and never goes beyond the limits
as the angle varies.
Cosine of an Angle
The numerical value of the cosine of an angle is equal
to the projection of a unit radii on the x - axis. Using
the same method of analysis as used for the sine we
Figure 9-17
can evaluate the cosine of any angle.
According to equation 12, our first definition of the
sine of an angle is:
y
sin =
r
However, r is now equal to 1 so,
sin = y
But y is equal to y (of figure 9-17) which is the projec-
tion of the unit radius on the y - axis
Therefore,
sin = y
does not contradict the first definition of the sine of
an angle less than 90.
Now, consider an angle in the second quadrant. In
figure 9-17 we have constructed the angle (180 ).
The sine of this angle is evidently the same as the sine Figure 9-19
of the angle in the first quadrant6 or, In figure 9-19, notice that the projections of the unit ra-
21. sin (180 ) = sin dius on the x - axis (the cosine of the angles and 180
) are the same in lengthbut of a different sign.
In the third quadrant the projection of the unit radii
on the y - axis becomes negative. The sine of the angle 24. cos (180 ) = cos
(180 + ) is the same in magnitude but of opposite Also, the cosine of an angle in the third quadrant may
sign to that of an angle in the first quadrant, so that be found by the relation:
22. sin(180 +) = sin . 25. cos (180 + ) = cos .
9-15
And finally, the cosine of an angle in the fourth quad- When the angle is slightly less than 90 the value of
rant may be found from the relation: the tangent will be very large and positive. When the
angle is exactly 90, the tangent and the y - axis are
26. cos (360 ) = cos () = cos .
parallel; hence, they will never meet. Therefore, the
tangent of 90 is plus or minus infinity. When the an-
Tangent of an Angle gle becomes slightly greater than 90 the tangent as-
The value of the tangent of an angle is equal to the sumes very large negative values. Thus, the tangent
length of that part of the tangent to the unit circle at goes from large positive values through infinity to
zero degrees between y = 0 and the intersection of the large negative values at 90. The same occurs at 270.
continuation of the unit radius with the tangent line.
In figure 9-20 the line MN is the tangent to the unit
circle at zero degrees. The continuation of the unit
radius CD cuts the tangent at M. According to this
definition MA is the tangent of angle 6. This new defi-
nition does not contradict the rule where tan from
triangle CMA is:
MA
tan =
CA
because CA = 1, so
tan = MA
For angles in the second quadrant:
Figure 9-21
27. tan (180 ) = tan
For angles in the third quadrant:
28. tan (180 + ) = tan 6.
For angles in the fourth quadrant
29. tan (3600 - ) = tan (-8) = - tan .
Figure 9-22
Figure 9-20
Composite Circle Diagram
Graph of the Tangent
All trigonometric functions can be shown as lengths
The graph of the tangent, in figure 9-21, shows a spe- of lines in a circle diagram (illustrated in figure 9-22).
cial kind of discontinuity called infinite discontinuity. The circle has a unit radius. We can learn a number of
9-16
facts from this diagram. For example, the three sides y
of the right triangle OAB are sin, cos and 1; so from 35. tan =
the Pythagorean theorem r
30. sin2 + cos2 = 1 r

36. sec =
x
Also,
r
31. 1 + tan2 = sec2 37. csc =
y
and in triangle ONP
x
32. 1 + cot2 = csc2 38. cot =
y
These equations will be true for any angle.
In triangle B:
Some examples of sines in each quadrant are:
y
39. cos (90 ) =
15 = + .258819 (1st) r
93 = + .99863 (2nd)
187 = .121869 (3rd) x
40. sin (90 ) =
280 = .984808 (4th) r
Some examples of cosines in each quadrant are: y
41. cot (90 ) =
1 = + .999848 (1st) x
96 = .104528 (2nd)
r
193 = .974370 (3rd) 42. csc (90 ) =
292 = + .374606 (4th) x
470 = .342020 (2nd) r
43. sec (90 ) =
Some examples of tangents in each quadrant are: y
2 = + .034921 (1st) x
44. tan (90 ) =
100 = 5.67128 (2nd) y
200 = + .363970 (3rd)
304 = 1.48256 (4th) The ratio y/r in triangle A is equal to ratio y/r in tri-
angle B; therefore,
COFUNCTIONS AND 45. sin = cos (90 - )

and
COMPLEMENTARY ANGLES
46. cos = sin (90 - )
In figure 9-23 (A and B), triangle B is exactly the same as 47. sin = cot (90 - )
triangle A, except that triangle B is turned on its side: 48. sec = csc (90 - )
49. csc = sec (90 - )
50. cot = tan (90 - )
From this section we can conclude that the trigonomet-
ric function of an angle is equal to the confunction of its
complement.
SIMPLE TRIGONOMETRIC
IDENTITIES
Figure 9-23
In triangle A: There are numerous ways of expressing a function of

trigonometry. For example:
y
33. sin =
r sin = sin (180 - ) = cos (90 )
= sin (180 + ) = sin (360 )
x = cos (270 ) = 1/csc .
34. cos =
r Also, from the formula
9-17
51. sin2 + cos2 = 1 sides are the same. The fundamental role in proving identi-
ties is expressed in rule number 19.
sin = 1 cos2
Rule 19 - - Never work across the equals sign. The alga-
Many times, especially in calculus, one particular
braic rules for cross multiplication are never used.
method of expressing the function is more useful
than any of the others. For example, sin3 must be
changed as shown before the function can be inte- OBLIQUE TRIANGLES
grated.
52. sin3 = sin sin2 = sin (1 cos2).
THE LAW OF SINES AND
The form on the extreme right is easily integrated. LAW OF COSINES
Sometimes it is possible to change a trigonometric
expression to a simpler form, as follows: In the discussion on triangles we concluded that an
oblique triangle is a triangle having no right-angle
Numerical Example No. 16. Simplify the expression and every oblique triangle is composed of two right
sin cos tan triangles. The solution to the missing sides of those
triangles, as used for numerical example number 15,
The first step is usually7 that of changing the relation can be simplified by using the Law of Sines and the Law
so that it contains only sines and cosines, hence: of Cosines.
sin
tan =
cos The Law of Sines
then The Law of Sines states that for any triangle, the ratio
of the length of one side to the sine of the angle appo-
sin
sin cos site is equal to the corresponding ratio for any other
cos side and corresponding angle. Or,
By cancellation this becomes
a b c
53. = =
sin2 . sin A sin B sin C
Numerical Example No. 17. Simplify the expression
sin (180 ) tan (90 ) cot (180 )
The first step is to change the relation so it only con-
tains functions of .
sin (180 ) = sin

tan (90 ) = cot
1 1
cot (180 ) = =
tan (180 ) tan
= cot
Substituting in the original expression
sin cot (cot); Figure 9-24
and changing the relation so the first two functions As proof, triangle 1 of figure 9-24 has been recon-
can be combined. structed as triangle 2. By dropping a perpendicular
from A to the opposite side (a), we obtain
cos
sin cot h
sin 54. sin B = or h = c sin B
c
hence
and
cos cot
h or h = b sin
Note: An equity which is true for all values of an unknown 54. sin C =
b C
is called an identity. There are definite rules for the verift-
cation of identities. Establishing an identity consists of We have two expressions for h which are equal to
changing either one or both sides of the equality until both each other; therefore,
9-18
56. c sin B = b sin C
500 b
=
or 0.991445 0.50000
c b Hence b = 252.16
57. =
sin C sin B
To find side a:
Dropping a perpendicular from C to the opposite
Angle A = 180 B C = 52.5
side, and making use of the fact that sin (180-A) =
sin A, we can prove that and from the Law of Sines
a b 500 a
58. = =
sin A sin B sin 97.5 sin 52.5
Therefore, from the last two expressions: or
a b c 500 a
59. = = =
sin A sin B sin C 0.991445 0.793353
This is the law of sines. It will prove valuable in ca- or

dastral computations such as those used to compute
500(0.793353) 396.68
missing measurements of highway spirals and rail- a= =
road tapers. 0.991445 0.991445
Numerical Example No. 18. A fractional lot in a sub- a = 400.1

division block, shown in figure 9-25, has three known
parts. To find the length of the missing sides (a and The Law of Cosines
b), when C = 97.50, B = 30 and c = 500, or use the
In any triangle the square of one side is equal to the sum
Law of Sines.
of the squares of the other two sides, minus twice the prod-
uct of these two sides multiplied by the cosine of the angle
between them.
This is known as the Law of Cosine and it is expressed

as
60. a2 = b2 + c2 2bc cos A

or,
61. a = b2 + c2 2bc cos A
or
Figure 9-25 62. b2 = a2 + c2 2ac cos B
or
500 b
= 63. b = a2 + c2 2ac cos B
sin 97.5 sin 30
or
Since 97.5 is in the second quadrant
64. c2 = a2 + b2 2ab cos C
sin (180 ) = sin 82.5
or
and
65. C = a2 + b2 2ab cos C
sin 82.5 = 0.991445
The equations can be proven by dropping a perpen-
Also
dicular line from the apex of the triangle (figure 9-26)
sin 30 = 0.50000 to the base and treating the oblique triangle as two
Therefore right triangles.
9-19
Figure 9-26
Therefore, Figure 9-27
x Solution:
66. cos A =
c a2 = 7002 + 5002 2 (500)(700) cos 19
a2 = 490,000 + 250,000 700,000 cos 19
or a2 = 740,000 700,000 (0.94552)
a2 = 740,000 661.864
67. x = c cos A a2 = 78,136
and thus,
a= 78136
68. h2 = c2 x2
so, a = 279.53
Substituting in x = c cos A the value of x given in
h2 = c2 x2: THE INVERSE
69. h2 = c2 c2 cos A TRIGONOMETRIC FUNCTIONS
In BDC
It is often convenient and useful to turn a trigonomet-
ric function around so that instead of writing
70. h2 = a2 (b x)2
75. tan = A
which expands to
it is more useful to write = the angle whose tangent
is A. However, rather than writing the words we use
71. h2 = a2 b2 + 2bx x2
the notation:
Substituting for x, the value given by x = c cos A: 76. = arc tan A
or
72. h2 = a2 b2 + 2bc cos A c2 cos2 A
77. = tan-1 A
Equating the two values h in h = c c cos A and h
2 2 2 2 2
For any angle there is one and only one value of
= a2 b2 +2bc cos A c2 cos2 A we have:
the function to fit it. But, there are numerous angles
which will satisfy an inverse function, e.g.
73. c2 c2 cos A = a2 b2 + 2bc cos A c2 cos2 A
= arc tan 1
Cancelling like terms and rearranging we have the
can be written
equation for the Law of Cosines.
tan = 1
74. a2 = b2 + c2 2bc cos A
however, one is the tangent of many angles such as
45, 225, 405, 585 and others.
Numerical Example No. 19. Using the Law of Co-
sines, the easterly line of the triangular parcel in For any inverse trigonometric function there are two
figure 9-27 can be solved as follows: angles less than 360 which will satisfy it. Therefore,
9-20
= arc cos 0.500 refers to 60 and 300 Figure 9-28 is a triangle containing the angle of sin
= arc cos (-0.500) refers to 120 and 240 x. Assume the hypotenuse is equal to one (1). The
= arc sin 0.707 refers to 45 and 135
remaining side of the triangle will be
= arc see 2 refers to-60 and 300
Since a given inverse trigonometric function has 1 x2
many values, one of these values is selected as its
principal value. The principal value of an inverse
function is its smallest numerical value. The principal
values are those used in most mapping problems. If it
happens that there are values numerically equal but
opposite in sign, the positive angle is the principal
value. The principal value of
tan -1 1
We can now write all the functions of angle 6 in terms
is 45, and of
of the sides of the triangle.
tan -1 (-1)
is -45. Since
80. sin = x csc = 1
1 x
cos 1 ( ) 1
2
cos = 1 x2 sec = 1 x2
is satisfied by both + 60 and - 60, the principal value
is considered +60. The principal value of x
1 x2
1 tan = 1 x2 cot =
cos 1 ( ) x
2 From these we can write the inverse functions.
is 120.
81. = arc sin x = arc cos 1 x2 =
All principal values lie between -90 and180 pro-
ceeding counter-clockwise. Principal values for posi- x
tive numbers are between 0 and 90. For negative = arc tan 1 x2 = arc sec 1 =
numbers, principal values of the inverse sine, tan- x
gent, cotangent and cosecant lie between -90 and 0, 1
1 x2
while the principal values of the inverse cosine and = arc sec 1 x2 = arc cot
secant lie between 90 and 180. x
Numerical Example No. 20. Find the principal value Numerical Example No. 21. Using the principal val-
of the angle in the function = arc see 2.236. ues find the tangent of the angle whose sine is
The angle whose secant is 2.236 is 63 26. If the trig.
tables do not list secant values, or your hand calcula- 3
tor does not have this function, the function can be 2
changed to:
3
1 tan (arc sin )=?
= arc cos = arc cos 0.4472 2
2.236 Draw a triangle containing the arc sin
Now, the angle whose cosine is 0.4472 is 63 26.
3
This angle is in the first quadrant and is the principal
value desired. 2
The remaining side will be given by:
Relations Among the Inverse Functions
x= 22 ( 3 )2 = 1 =1
If
Using the tangent ratio
78. = arc sin x
we can write Tan = 3
79. sin = x. the angle is 60. The triangle is shown in figure 9-29.
9-21
arc sin x = arc sin 1
2x
Since the angles are equal, their sines equal. We can
now solve for x.
x= 1
2x
2x x2 = 1
Numerical Example No. 22. Using the principal val-
ues, find or,
x2 2x + 1 = 0
sin (arc cos 3 - arc sin 4 )
5 5 (x 1)2 = 0
The missing side of the triangle of figure 9-30 contains thus
x=1
arc cos 3
5
Is given by:
y= 52 32 = 16 = 4
Note that the triangle also contains
arc sin 4
5
so that FACTORIAL SIGN
arc cos 3 = arc sin 4 In the curve formulae
5 5
( (2n-2)!(4n-3)(-1) )
and our original expression becomes Y 2n-2
=
sin 0 L n+1
which is zero. and in transcendental functions (in calculus, trig. and

logarithmic functions grouped together) the exclama-
Numerical Example No. 23. Find x in the relation tion mark (!) is a factorial. For example, 3! is read as
x 3 factorial, and is equal to 1x2x3 (or 6). 5! is read as 5
arc tan 1 x2 = arc sin 1 factorial, and is equal to lx2x3x4x5, or 120.
2x
In figure 9-31 two angles are equal to each other, but

BALANCING ANGLES
one is defined by its tangent and the other by its sine.
We have constructed In any survey of a polygon, there are geometric
conditions which angles should satisfy; however,
x because of the probable occurence of errors made
arc tan 1 x2 in survey observations, the angles seldom balance
in the figure. The remaining side of the triangle is mathematically.
Small angular errors are often insignificant when plot-
r2 = (1 x2) + x2
ting; however, when establishing map triangulation
or, r = 1 and computing Double Meridian Distances, latitude
and departures, coordinates, and areas, it is essential
knowing r we can set up the relation
that the angles meet the following conditions.
x
Rule 20. In a closed traverse the sum of the interior angles
arc tan 1 x2 = arc sin x
must equal (n-2)(180); where n is equal to the number of
Substituting this value in the original equation we have sides of a traverse.
9-22
Rule 21. In a closed traverse the difference between the sum
360 = 359 59 60
of the right deflection angles and the sum of the left deflec-
= 359 58 50
tion angles must equal 360.
error of closure = 1 10
Numerical Example No. 24. Use rule number 21 to or 70 seconds.
check the polygon in figure 9-32 for angular closure.
Before a traverse can be applied in mapping, the an-
First, compute (n-2) 180 gles should be adjusted to satisfy the geometric con-
(n-2) 180 = (7-2) 180 = 900 ditions of a closed polygon (rules 1-0 and 21). There
are three basic approaches to adjusting (balancing)
Therefore, the sum of the interior angles should equal the angles of the polygon.
900.
1. Make arbitrary adjustments to one or more angles.
Add the interior angles
2. Apply all adjustments to angles that might not
A = 59 21 30 have been measured with the degree of accuracy
B = 89 27 51 that the other angles were measured. This method
C = 90 34 09 requires some knowledge of the survey conditions and
D = 88 41 environment.
E = 210 26 40
F = 203 14 3. Apply an average correction to all angles. The aver-
G = 158 16 age correction is found by dividing the error of
closure by the number of angles in the polygon.
sum = 897 179 130
This does the job, but is unscientific and usually
or = 900 01 10 results in lines being out of harmony with abut-
The error of closure is 01 10. ting data.
Numerical Example No. 25. Use rule number 21 to Never attempt to adjust angles until the following
check the polygon in figure 9-32. steps have been taken.
Note: By subtracting the interior angles from 180, the Analyze the bearings to determine if the error might be
right deflection angles can be established. By subtracting due to transposition of figures. For example, an eigh-
180 from the interior angles greater than 180, the left teen-minute error could be the result of the bearing S
deflection angles can be established. 89 53 30 E being transposed to S 89 35 30 E.
Add the right deflection angles and then add the left Check all survey and deed information of abutting
deflection angles. parcels. Possibly the location of the error will be evi-
dent by matching survey values to deed values and
RIGHT D.A.
abutting survey measurements.
A = 120 38 30 Finally, check your survey computation for mistakes.
B = 90 32 09
C = 89 25 51 Note: The methods defined here are intended for mapping
D = 91 19 purposes only. Survey textbook and reference books should be
G = 21 44 reviewed for information on the survey approach to closure.
sum = 411 158 90
or = 413 39 30
LEFT D.A.
E = 30 26 40
F = 23 14 00
sum = 53 40 40
Now find the difference between the sums of the
right and left deflection angles.
sum R.D.A. = 413 39 30

sum L.D.A. = 53 40 40
Difference = 359 58 50
To find the error of closure subtract the difference
from 360. Figure 9-32
9-23
Using the Arbitrary Method of Closure EXISTING ADJUST- ADJUSTED
ANGLES MENT ANGLES
Numerical Example No. 26. Using the arbitrary ap-
A=59 21 30 35 59 20 55
proach to closing, the interior angles of the subject
B=8927 51 35 89 27 16
polygon (figure 9-32) can be balanced by adjusting
C=90 34 09 0 90 34 15
the second values to 15 seconds.
D=88 41 0 88 41
Note. Remember! In our discussion on significant figures E=210 26 40 0 210 26 15
we established the rule that we could not add to the total F=203 14 0 203 14
number of significant figures of a bearing or angle. There- G=158 16 0 158 16
fore, the changes, in seconds, will be made to those bearings
= 897 179 130 70 897 179 120
carried out to seconds.
or 900 01 10 900 00 00
EXISTING ADJUST- ADJUSTED The above method was used because of evidence in-
ANGLES MENT ANGLES
dicating the angles of error. The evidence, however, is
A=59 21 30 15 59 21 15 weak, and in this case the solution is not guaranteed
B=89 27 51 36 89 27 15 to be any more accurate than the arbitrary method. If
C=90 34 09 + 6 90 34 15 survey conditions are unknown, the best assumption
D=88 41 0 88 41 is that all angles were measured with equal precision.
E=210 26 25 210 26 15 In this case the following method should be used.
40
F=203 14 0 203 14
G=158 16 0 158 16
Balancing Angles by Method of Averages
= 897 179 30 70 897 179 60 By dividing the total angular error by the number of
OR 900 01 10 900 00 00 angles and applying the quotient to each angle, the
The arbitrary adjustment is just that arbitrary. There polygon in Figure 9-32 will be balanced.
is no hard and fast rule for arbitrary adjustment. In
Numerical Example No. 28.
numerical example number 26 it appeared to close the
polygon, but there is no assurance that the location of Known: angular error = 70
the correction corresponds to the true location of the number of angles = 7
error. In another polygon the above procedure will be
undesirable. But in mapping we should keep in mind Divide the error by the number of angles.
that our objective is to balance the polygon. It is not the 70 7 = 10
approach that is significant here, it is the result.
10 = angular correction per angle.
CAUTION
Subtract the angular correction from each angle.
REGARDLESS OF THE METHOD USED TO CLOSE
A POLYGON, DO NOT LABEL MAP LINES WITH EXISTING ADJUST- ADJUSTED
ADJUSTED VALUES WITHOUT A REGISTERED ANGLES MENT ANGLES
SURVEY TO SUPPORT THE NEW BEARINGS. THE A=59 21 30 10 59 20 20
ADJUSTED FIGURES COULD BE INTERPRETED AS B=8927 51 10 89 27 41
SURVEYORS OFFICIAL FIELD MEASUREMENTS. C=90 34 09 10 90 33 59
D=88 41 10 88 40 50
Closing a Polygon by Choosing E=210 26 40 10 210 26 30
a Probable Angle of Error F=203 14 10 203 13 50
G=158 16 10 158 15 50
This method requires some knowledge of the survey
= 897 179 130 70 897 175 300
conditions, such as methods used, equipment used,
or obstacles to accurate measurement. or 900 01 10 900 00 00
Note: All of the foregoing methods are based on as-
Numerical Example No. 27. A quadrangle map shows
that point B, in figure 9-32, is out of the line sight from sumptions that may be incorrect; however, they are
point A because of a ridge between the two points. It satisfactory for the purpose of further computations.
would be reasonable to assume that an error could The bearings on the map must not be changed to
have been made in the measurement of angles A and correspond with angle adjustments. The adjusted
B. In this case the 70 error would be divided equally bearings could be interpreted as representing field
and applied to the suspect angles. measurements.
9-24
COMPUTATION OF cos of N3128W = .8529
therefore, lat = 209 .8529
LATITUDE AND DEPARTURE = 178.26
The adjustment of angles for closure is done to satisfy The bearing is north and east-, therefore, the answer
the geometric conditions of a closed polygon. How- will have a positive value.
ever, angular adjustments alone will not result in Thus, Lat.= 1782.26
mathematical traverse closure; it is still necessary to
The departure of a line can be computed from the
adjust the linear measurements of the traverse.
formula:
Before a traverse can be mathematically closed, it is
Departure= Dist. of course sin of bearing
essential to compute the latitude and departure of each
or
course in the traverse.
Dep. = (dist.)(sin of bearing)
The latitude of a course is the linear distance that one
Numerical Example No. 30. To compute the depar-
end of a course is north or south of the other end of
ture of the course N3128W 209 feet, proceed as fol-
the course. lows:
The departure of a course is the linear distance that sin of N3128E = .5220024
one end of a course is east or west of the other end of
the course. therefore, dep.=209 x .5220024
In Figure 9-33 line AF is the latitude of course AB; = 109.098502

line FB is the departure of course AB; line BG is the The bearing is north and east: therefore, the answer
latitude of course BC; and line GC is the departure of will have a positive value.
course BC.
Thus, dep. = 109.10
Using Latitude and Departure to

Check for Mathematical Closure
To check a polygon for mathematical closure, the
north (positive) latitudes are added and the south
(negative) latitudes are added. If the difference be-
tween the sums equals zero, the latitudes are said to
balance. Any difference between the sums is the error
Figure 9-33 in latitude.
North latitudes are designated as positive (+) values, Next, the east (positive) departures are added and
and south latitudes are designated as negative values the west (negative) departures are added. If the dif-
(). ference between the sums equals zero, the departures
East departures are designated as positive (+) values, are said to balance. Any difference between the sums
and west departures are designated as negative (-) is the error of departure.
values. They are to be mathematically treated as posi- Figure 9-34 shows the computed latitudes and depar-
tive and negative numbers. tures of a six-sided polygon.
The latitude and departure of a line can be computed
from the bearing and length of the course. If angles TRAVERSE CLOSURE
have been adjusted for closure, the adjusted bearings
are used. The formula for computing the latitude of After latitudes and departures have been computed
a course is: and the error in closure determined, it is necessary
Latitude= Dist. of course cos of bearing to adjust the linear measurements for mathematical
or closure. There are five basic methods for closing a
Lat = (dist.)(cos of bearing) traverse.
1. The arbitrary or random method (part of which in-
Numerical Example No. 29. The bearing of a course
cludes angular closure previously discussed).
is N3128W. The length of the course is 209 feet. The
latitude is computed as follows: 2. The transit method.
9-25
3. The compass rule method. error in lat.
82. Corr. in
= lat.
4. The method of least squares. Latitude sum of all lats.
5. The Crandall method. Numerical Example No. 32. To adjust the 178.26
north latitude in figure 9-35, proceed as follows:
The Arbitrary Method Using the transit rule formula (equation 82):
The arbitrary method includes the arbitrary adjust-
ment of angles (discussed in the section on balanc- Corr. in lat. = 0.38 178.26
ing angles) and the arbitrary adjustment of linear 842.08
measurements. Use of this method will allow direct = .080442
arbitrary adjustment of linear measurements of any
traverse line. This method is satisfactory for plotting The correction is .08
a traverse, but it will not necessarily provide a pure Subtract .08 from 178.26.
mathematical closure. The correct approach to adjust-
ment is to apply the arbitrary adjustment to selected Rule 22. Add corrections to the column with the smallest
latitudes and longitudes. sum; subtract from the column with the largest sum.
Numerical Example No. 31. In figure 9-34 the error in 178.26 .08 = 178.18
departure is 0.99. The error in latitude is 0.38. To arbi- Hence, the corrected latitude = 178.18
trarily adjust for closure, subtract the error in latitude
from the longest north latitude. The formula for transit rule adjustments of departure is:
178.26 0.38 = 177.88 83. Corr. in error in dep.

= dep.
Departure sum of all dep.
Now subtract 0.99 from the longest east departure.
Numerical Example No. 32. To adjust the 109.10 east
206.71 0.99 = 205.72
departure, proceed as follows:
This results in a zero error in latitude, and departure.
Using the transit rule for departure (equation 83):
The arbitrary method could be more scientific than
described in example no. 31. Two or more values 0.99
could be adjusted if there was evidence that the linear Corr. in lat. = 813.37 x 109.10 =
measurements of certain lines were less likely to be as = .132792
accurate as the other lines of the traverse.
Thus, corr. in dep. = .13
The Transit Rule Method Subtract .13 from 109.10
If it is known that the angles were measured with a Rule 23. Add corrections to the column with the smallest
greater degree of precision than the linear measure- sum; subtract from the column with the largest sum. (Bear
ments, the transit rule approach could be applied to in mind that in other transit rule problems there will
close the traverse. be other combinations of larger columns.)
The formula for transit rule adjustments of latitude is: 109.10 0.13 = 108.97
Figure 9-34
9-26
The corrected departure = 108.97
Figure 9- 35 shows the balanced latitudes departures
85. Corr. in
Latitude = ( error in lat.
perimeter )( linear
distance )
for the values in figure 9-34.
Numerical Example No. 33. To adjust the north lati-
To obtain the adjusted linear measurement the fol- tude 178.26 when the error in closure is 0.38, and the
lowing formula should be used: distance is 209 feet;
84. Adjusted balanced 2 balanced 2
= ( ) +( ) 0.38
Dist. lat dep. Corr. in lat. = 1283.77 209 =
Adjusted linear measurements can be used for plot- = .0619
ting; however, the adjusted dimension should never
be shown on the map unless shown in brackets to subtract .06 from 178.26
indicate a computed distance (brackets represent true Remember rules 22 and 23.
measurement as opposed to record measurement).
178.26 .06 = 178.20
Compass Rule Method Hence, the correction in lat = 178.20.
This is considered as one of the best methods for Figure 9-36 shows the latitude and departure bal-
cadastral map purposes. It is based on the assump- anced by the compass rule method. The formula for
tion that all angles and distances were measured the correction of departures is:
by the surveyor with equal precision. Compass rule
adjustments of latitude can be computed by using
the formula
86. Corr. in
Departure = ( error
perimeter )(
in dep. linear
distance )
Figure 9-35
Figure 9-36
9-27
Note: In figure 9-36 the N (+) latitude has a greater 90. A = bh
sum than the S () latitude, therefore corrections were Where: A = area in sq. ft.
subtracted. Departure corrections are treated in the b = base
same manner. h = height, or altitude of the parallelogram.
Note: The height (h) of a parallelogram is not the
Other Adjustment Methods length of either side. It is the distance, on a line perpen-
The least squares method and Crandall method are dicular to the base, from the lower base to the upper
based on the theory of probability. Both are math- base.
ematically superior to the arbitrary, transit rule and Unfortunately, the height of a parallelogram-shaped
compass rule methods; but the former, being a more parcel of land is rarely given in a deed or survey.
complicated, is not as economical to use as the arbi- However, by using the methods discussed on indirect
trary, compass rule or transit rule methods. measurement, h can be accurately determined.
Many of the preceeding, computations can be sim- Numerical Example No. 35. To find the area of the
plied by the use of logarithms and traverse tables parallelogram in figure 9-37, proceed as follows:
that give values to each minute of arc.
Determine the value of h;
Where angle B = h/c, or
COMPUTING AREAS Where h = c cos B.
h = 200 (cos B) =
The unit of area, in the cadastral map system, is square
h = 200 (0.93969) = 187.94
feet converted to acres.
or,
One acre of land is equal to 43,560 square feet (not h = 187.94
feet square). Square feet can be converted to acres by
Now solve for A = bh.
using either:
A = 300 x 187.94=
square feet
87. Acres = or A = 56,382 sq. ft.
43,560
Convert to acres
88. Acres = (Sq. Ft.)(0.000022956)
56,382 sq. ft. 43,560 = 1.29
The result can be checked by using the square feet to
acreage conversion table (no. 24) in the appendix. Hence, the area of the parallelogram = 1.29 acres.
Another method of determining the area of a parallel-
Area of Rectangular Polygons ogram is to divide it into two triangles, as illustrated
in figure 9-38, and solve the area of triangles.
The area of a rectangle can be easily computed by
finding the product of the length and width.
89. A(in square ft.) = 1w
Numerical Example No. 34. To find the area of a rect-
angle that is 800 feet long and 300 feet wide:
(800)(300) = 240,000 sq. ft.
To convert to acres:
Figure 9-37
240,000 sq. ft./43,560 = 5.5 1 Ac.
or,
(240,000)(0.000022956) = 5.51 Ac.
If the vertical sides of a polygon are not at right
angles to the base, then the polygon is not a rectangle
and the formula A = 1w cannot be used.
Figure 9-38
Area of Parallograms
It is a common mistake to compute the area of a par-
The area of the parallelogram shown in Figure 9-37 allelogram as though it were a rectangle; that is, by
can be computed by using the formula: using the formula:
9-28
A = lw
Where: l = the base, and cos B = h or cos 19 h
w = length of one side of the parallelogram. c 270
The apparent logic behind this approach is that, if the or, h=(0.945519)(270) = 255.291
triangle at one end of the parallelogram were moved
Hence, h = 255.29
to the other end, as in figure 9-39, we would have a
rectangle-therefore, the rectangle formula could sup- Now, by using the computed value of h we can solve
posedly be used. for the area of the trapezoid.
It is true that by placing the triangle at the other end
( ) = (255.29)( )
b1 + b2 720 + 490
of the parallelogram, we have a rectangle. But, the A=h
2 2
length of one side of the parallelogram (c in Figure
9-39) is not the same as the width of the rectangle (w). or, A = (255.29) (605) =
Here, w equals h, the height of the parallelogram. In
figure 9-39, = 154,450.45 sq. ft.
(A = 1 w) = (A = bh). Converted to acres is:

If the formula A= lw were applicable (where w was 154,450.45
= 3.55 Ac.
one side of the parallelogram) then the parallelogram 43,560
in figure 9-40 would contain the same area as that in
figure 9-39. It should be evident, however, that the The area of a trapezoid, like that of the parallelogram,
areas are not equal. can be divided into two triangles and solved, by us-
ing the formula for the area of triangles.
Figure 9-39
Figure 9-41
Area of Triangles
Figure 9-40 The area of a triangle can be computed by dividing
the product of the base and height by two. This rule
Area of Trapezoids is expressed as:
The formula for computing the area of a trapezoid is:
92. A = 1 (b)(h), or A = 1 bh, or A = bh
1 2 2 2
91. A= h(b1 + b2) or,
2 Numerical Example No. 37. To find the area of the
( b1 +2 b2 )
triangular shaped parcel in figure 9-42; where b = 600
A=h and h = 400:
Where: h = height of the trapezoid

A = 600 400
bl = lower base 2
b2 = upper base (the opposite side)
= 240,000 = 120,000 sq. ft.
Numerical Example No. 36. To find the area of the 2
trapezoidal parcel in figure 9-41, proceed as follows:
Convert to acres.
Solve for h where angle B=19 and c=270.
cos 19 = 0.94SS19 120,000 = 2.75 Ac.
43,560
9-29
Figure 9-44 shows the relationship of the meridian,
meridian distance, departure, double meridian dis-
tance, and latitude, with the courses of a traverse.
The Double Meridian Distance (written D.M.D.) of a
course is defined as the sum of the distances of the
ends of the course from a meridian.
Figure 9-42
The height of a triangle is seldom given in a deed or on a

survey plat; however. sides a, b and c are usually given
in both the deed and survey. If all sides, a, b and c are
known, the area can be computed using the formula:
93. A= s(s a) (s b) (s c)
where s = a + b + c
2 Figure 9-44
If sides a, b, and c, and sin c are known, the following In figure 9-44, the departure of AB is also the D.M.D.,
formula can be used to compute the area: and the departure of FA is the D.M.D. of FA; however,
the other departures of the traverse are not equal to
94. A = ab sin c
2 the D.M.D. of the courses. The D.M.D. of each course
is twice the distance of the midpoint of the course
from the meridian.
Area of a Quadrilateral
The area of a quadrilateral can be computed by di-
viding it into two triangles (ABC and ACD) and then
solving for the area of each triangle.
Figure 9-43
Before solving for the area of each triangle, it will be

necessary to compute the distance AC. Refer to the law
of cosines (equations 60 through 64) to solve for AC.
To solve for each triangle, use the formula.
95. s(s a) (s b) (s c)
where s = a + b + c
2
Area by D.M.D. Figure 9-45
After the angles of a traverse have been geometrically In figure 9-45, MM is the meridian of the polygon
balanced and the latitude and departure have been ABCDE. The balanced latitudes are indicated by lines
balanced, the area of a polygon can be computed us- dA, ad, af, Ai, and Do. The meridian distances are
ing the D.M.D. (Double Meridian Distance) method. represented by lines ej, bk, cl, gin and hn. To arrive at
9-30
the D.M.D., these lines are doubled and multiplied by vertical reference meridian and the horizontal reference
the corresponding latitudes. parallel. (See figure 9-47.) Together these lines may be
spoken of as coordinate axes. (In this discussion we are
The product of the D.M.D. and the balanced latitudes
is equal to the double areas of the trapezoids and referring to coordinates in general - not necessarily
triangles of ABCDE. Negative and positive double the Oregon Coordinates.) The point where they inter-
areas are listed in separate columns and added. The sect is the origin of the coordinates.
difference between the two sums is divided by 2 to
obtain the area in square feet.
The rules used for computing latitude, departure,
D.M.D., double areas, and areas are:
1. Latitude = distance x cos of bearing.
2. Departure = distance x sin of bearing.
3. D.M.D. of the first course = the departure of the
first course.
4. D.M.D. of the other courses = the D-M.D. of the
previous course plus the departure of the previous
course plus the departure of the course itself.
5. D.M.D. of the last course = the departure of the
last course, but with opposite sign. Figure 9-47
6. Double areas = the balanced latitudes x the cor- The total departure of a point is its perpendicular dis-
responding D.M.D.s. tance from a reference meridian. The total latitude of
7. Axea in square feet = the difference betwee nega- a point is its perpendicular distance from a reference
tive and positive double areas by 2. parallel.
8. The acreage is equal to the area in square feet
43,560. Latitude and departure are referenced to the loca-
tion of a line, but total latitude and departure refers to a
Figure 9-49 is a sample of area computation by the point. Total latitude and departure of a point are the
D.M.D. method of the parcel in figure 9-46. same as rectangular coordinates of a point.
Figure 9-48
The origin of the coordinates of the traverse in fig-

ure 9-48, was placed through the most westerly and
most southerly point so that the coordinates would
all be positive. This concept is identical to that of the
Oregon Coordinate system. In the state plane coor-
Figure 9-46 dinate system the origin of the coordinates of each
zone (defined in ORS 93.330) is located south, west
TOTAL LATITUDE and just outside the zone so that all coordinate values
are positive.
& DEPARTURE In figure 9-48 the total latitudes are preceded by N
and the total departures are preceded by E (the same
To have a convenient way to locate points, two per- method as applied by the Highway Division when
pendicular lines can be used as reference lines; the noting state plane coordinates).
9-31
The adjusted latitudes and departures for the traverse C + 535.70 757.74 + 405,921
in figure 9.48 are: (795.45 37.71)
Course Lat. Dep. D + 327.45 118.41 38,773
(637.39 755.8)
AB + 582.88 + 37.71 E + 81.36 349.98 28,474
BC 47.17 + 718.10 (44.47 795.45)
CD 208.25 + 39.65 F + 283.40 637.39 180,636

(0 637.39)
DE 246.09 158.06
2 598,578
EF + 202.04 191.92
FA 283.40 445.47 Square Ft. = 299,289
Note that the latitude and departure of course AB are In that computation, the total latitude of point D is
327.45. The following point is E, and the preceding
also the traverse coordinates of AB. The same is true
point is C. The total departure of E is 637.39, and the
of the latitude and departure of the last course (FA).
total departure of C is 755.80.
The following demonstrates how the other coordi-
nates were derived. (Note: The signs of the latitudes Whereas: 637.39
and departures were disregarded in the computation. 755.80
The mathematical operations are simply addition = 118.41
and subtraction). Multiplied by the total latitude:
Point Total Lat. Total Dep. 327.45

118.41
A 0.00 0.00 = 38,773
B 582.88 37.71 The total double area is 598,578. Dividing by 2 pro-
47.17 + 718.10 duces the square foot area 299,289. Of course, the
C 535.71 755.81 computation was made using only five figures, there-
F 283.40 445.47 fore the area is only accurate to five figures, therefore
202.04 + 191.92 the area could be said to be 299,290 square feet, or
E 81.36 637.39 6.87 acres.
+ 246.09 + 158.06
D 327.45 795.45
+ 208.25 39.65 COMPUTING COORDINATES
C 535.70 755.80
To establish state plane coordinates of a point, com-
pute the latitude and departure of the course and tie
AREA BY COORDINATES the desired point of the course to a point of known
coordinates, such as a triangulation station.
To find the area within a traverse, when the coordi- The latitude and departure is computed using the
nates of the control points are known, multiply the length and bearing of the course by solving for a right
total latitude of each point by the difference between triangle, using the formulas.
the total departure of the following and preceding
96. Lat = dist. x cos bearing.
points, and take one-half the sum of these products.
Dep = dist. x sin bearing.
Numerical Example No. 38. Using in figure 9-48 com-
Numerical Example No. 39. For the line of a traverse
pute as follows:
running on an Oregon Coordinate and bearing of N
Point Total Lat. Diff. Bet. Total Twice the area .2 28 04 W, and a distance of 3330.27, compute the
Of Point dep. Of fol. & (total lat. X latitude and departure as follows:
preceding Pt. total dep. Diff.) a. Cos 2 28 04 W = .99907259
Sin 2 28 04 W = .04305753
A 0 407.76 0
(37.71 445.47) b. Compute the latitude
B + 582.88 + 755.80 + 440,540 (3330.27) (.99907259) = 3327.18

(755.8 0) the lat. = 3327.18
9-32
9-33
c. Compute the departure Rb = The vertex of the conic projection
21,383,8521.48 for the North Zone.
(3330.27) (.04305753) = 143.39
and 22,888,667.15 for the South Zone.
the dep. = 143.39 (see table 20.) The vertex of the zones
(Note: When computing latitudes and departures to are at lat. 43 40 for the North Zone (at
establish Oregon state plane coordinates, always con- that lat. Y = 0) and at lat. 410 40 for the
vert to grid bearings.) South Zone (at that lat. Y = 0).
After the latitudes and departures have been com- Figure 9-51 illustrates the graphics of the factors X, ,
puted, add north latitudes or subtract south latitudes R, Rb, Y, Y, and X.
from the Y or North grid coordinate; arid add Numerical Example No. 41. To determine theta ()
east departures or subtract west departures from the
at point. A (in figure 9-51) when X = 2,189,746.36,
Y or East coordinates.
Y = 999,672.21, in the South zone.
Numerical Example No. 40. To find the coordinates of
a. Subtract C from X to get X
the northwesterly end of a line running N 2 28 04
W a distance of 3330.27 feet, when the southeasterly 2,189,746.36 2,000,000
end of the course has the coordinates X 1,396,976.71 X = +189,746.36
and Y 863,028.10, proceed as follows:
b. Compute for the tan of
a. From
tan = X (Rb Y)
numerical example No. 39
tan = +0.00866 85734
lat = 3327.18
dep =143.39 c. From a table natural trig. functions:
b. Add = +00 29 47.9768

the lat to the Y coordinate:
863,028.10 + 3327.18 = 866,355.28
c. Subtract
the departure from x:
1,396,976.71 - 143.39 = 1,396,833.32
Hence, the coordinates of the northwesterly end of
the line are:
X = 1,396,833.32
Y = 866,355.28
Figure 9-50 is an example of conversion to coordi-
nates of a section of U.S. Highway Number 20.
DETERMINING THETA
To properly orient the meridian of a drafting machine
from and (state plane coordinate) to true north (geodetic
north), it is necessary to know the angular difference
between their meridians. The value representing the
angular difference is called theta () the mapping angle.
At each point in the Oregon Coordinate System, the Figure 9-51
value of theta will be different.
To check that computation locate the value in the Y
The formula for determining theta is: column of table 17 that is closest to the Y value in the
97. tan = X (Rb - Y) above computation. In the Y column, the closest Y
value to 999,672.21 is 1,002,299.13. Using table 17, and
Where: interpolating, find the value of 1 minute of in feet
C = 2,000.000 for 44 25 (same line as 1,002,299.13 in table 17), or 1
X = X C of = 6356 + 9.5 = 6365.5, or 6366.
9-34
9-35
Find the quotient of: and latitude is determined by solving for:
X 1 minute in feet
99. R = (Rb - Y) cos
or
and locating R (in feet) in table 15 (north zone) and 17
X 6366 (south zone). Latitude will be in the left-hand column
189,746.36 6366 adjacent to the value of R. Interpolation is usually
= 29.81 minutes required in determining the exact latitude.
or 00 29 49
Figure 9-52 illustrates the correct format to be used
( in numerical example computed as 00 29 for computing theta, latitude and longitude.
47.9768)
Transforming Geodetic Coordinates
Determining Feet Per 1 of
into Oregon Coordinates
An approximate value for the number of feet in one
minute of theta can be determined from tables 15 and Often. surveys will tie to U.S.C. & G.S. (now N.O.A.A.)
17. Interpolation is necessary under the column for or U.S.G.S. bench marks of known geodetic coordinates.
1 minute of in feet, however, it is not necessary to The geodetic coordinates can easily be converted by the
interpolate for Y in the column under Y. formulae:
The exact value of theta can be determined by divid- 100. X = R sin + C

ing X by . In example number 41, feet per minute of and
would be computed as follows: 101. Y = Rb - R cos .
X = 189,746.36 Grid az = aeodetic az- + second term; where;

1 of in ft. = 189,746.36 29.7996 R = radius for lat. of station
1 of in ft. = 6367.4129 Rb = constant for zone, and
= theta for the long. of sta.
Transforming Oregon Coordinates and
to Geodetic Coodinates C = Value of X assigned to the central
Oregon coordinates can be converted to geodetic co- meridian for a zone.
ordinates (latitude and longitude) by the formula: The second term for the reduction of geodetic to
98. longitude = = c.m. - grid azimuth may be neglected for most work.
However, for lines five miles in length (or more), if
Where: the same degree of accuracy is desired as is obtained
c.m. = 120 30 00.000 by geographic computations., this term should be
= convert to sexagesimal evaluated and used:
= 0.684 14738 South Zone

=
=
0.709 18602 North Zone
in seconds
102. 2nd term =
X2 X1
p0 2sin 1
2 (Y Y +
1 0
Y2 Y1
3 )
Figure 9-52
9-36
DETERMINING THE SCALE CD = (0.35)(3000) = 1,050 ft.
This same principle can be applied to horizontal
RATIO OF AN AERIAL PHOTO around photos.
Measurements should never be made outside the
To use an aerial photograph for checking horizontal effective area of the photo. Point C, in figure 9-53,
measurements between known points, the scale ratio is definitely outside the effective area; therefore the
(or scale factor or scale number) must be computed. answer to example 42 would not be as reliable as a
If the true distance between two points is known (as measurement in the effective area.
from a survey, deed, etc.) and the image of the points
Note: Focal lengths for most aerial photos used by coun-
can be measured on the aerial photograph, the scale
ties will be 6 and 12 inches.
ratio (S) can be found by solving for
The aerial photo scale can be determined if the photo
AB is of a mapped area, by solving for
103. S=
ab
AB
Where: s = scale ratio8 104. PS = x map scale
ab
AB = true distance
ab = photo image distance Where: PS = photo scale
Numerical Example No. 42. Figure 9-53 illustrates the AB = true distance
relationship between true distances on the ground as ab = image measurement
compared to those on a contact print and negative of Note: According to the American Society of Photogramme-
an aerial photo. If the distance between AB, on the trys Manual of Photogrammetry
ground, is 600 feet, and the image measurement is ab
0.20 the scale ratio is. An aerial photograph ordinarily differs geometricalty
from a corresponding map to such a degree that accurate
Use equation 103. maps are not made by merely tracing a photograph or series
of photographs.
600
= 3000
0.20 In other words, an aerial photo is not a map, nor must be
considered as approximate and should not should it be
This means that ab is 3000 times smaller than AB.
considered to be of the same degree of control map mea-
If we wished to know the approximate true value of surements. Likewise, do not use the accuracy of a map.
CD, and cd on the photo measured 0.35 the approxi- Measurements made from photos photos for precise acreage
mate true value of CD would be computation.
9-37
Figure 9-53
9-38
10
CHAPTER
RIPARIAN BOUNDARIES
AND RIGHTS
10-1
10-2
Common Law. When we encounter a legal problem
Introduction with nonriparian lands, we find the roots of the solu-
tion in English Common Law. However, the English
Unlike the literature relating to the laws of nonri- law only applied to tidal riparian lands (the bed of the
parian real property, the available literature dealing tidal waters was owned by the Crown); whereas, the
with riparian lands is much less extensive. Most of United States has many large inland bodies of water
the published information relates to the laws that and streams that are navigable for hundreds of miles
are common to some states of the U.S. Riparian laws, beyond the significant influences of the tide. There-
however, vary slightly from state to state; the variance fore, English law provides few solutions to the legal
existing in the state statutes. Moreover, much of the problems associated with most riparian lands; hence,
information exists in State Supreme Court decisions, the confusion and controversy.
U.S. Supreme Court rulings, opinions of the State
Department of Justice, and the U.S. Revised Statutes. Most of the riparian rights controversy is over one or
The purpose of this chapter is to present those prin- more of the following doctrines:
ciples and laws that are applicable in Oregon. A. The claim of ownership by the individual;
The information is only for the purpose of cadastral B. The claim of ownership by the state;
mapping, assessment and taxation. It is to provide as-
sessors and cartographers with an appreciation of the C. The claim of ownership by the Federal
complexity of the laws dealing with riparian propri- Government;
etorship, to show the pitfalls, and to provide precau-
D. The rights of other landowners;
tions and guidelines for determining the boundaries
and areas of riparian ownership. It is not meant as a E. The rights of the public; and
substitute for legal counseling nor is it to provide for the
purpose of offering taxpayers the advice and consultation F. The limits of the sovereignty to protect the rights
that MUST be provided by an attorney at law. of the public.
The subject of riparian rights is such as to demand To compound the complexity of the problem, apply
close adherence to the language of the legal referenc- these doctrines to each of the following classifications
es; therefore, much of this chapter is presented in the and categories of water:
form of quoted legal opinions, rulings and statutes.
1. Bodies of water
The quotation or paraphrasing is acknowledged in
the footnotes. a. Stationary bodies of water
The definitions we have provided are from reliable (1) navigable
legal sources. However, legal terms rarely have fixed,
indisputable meanings, so they must be used with (2) nonnavigable
caution. For example, although in common use the b. Flowing bodies of water
thread of a stream is defined as the middle line be-
tween the shores, the weight of legal authority places (1) navigable
the thread of the stream at the center of the main chan- (2) nonnavigable
nelor middle of the deepest channel when more than
one channel exists. In cadastral cartography this is the c. Springs
legal middle of a stream. d. Swamps
e. Marshes
The Riparian Problems f. Estuaries
Land that touches upon a body of water is riparian g. Tidewaters

land. This includes the land lying under a body of (1) navigable
water. The rights associated with riparian lands are
riparian rights. They are rapidly becoming the most (2) nonnavigable
controversial and valuable of all the rights to real
2. Underground water
property.
3. Surface water
When we study the complexities, confusion and
problems associated with riparian lands and rights, a. Rain runoff (or melting snow)
it becomes clear as to how much we rely on English
b. Percolating water
10-3
Many of these classifications change, e.g., when a of the legislature in 1900, expanded in 1907 and rein-
river enters a swamp; or waters overflowing the bank forced in 1963, have authority over submerged and
of a stream. Moreover, the boundaries of water not submersible land equal to that of the state. (Attorney
only fluctuate vertically, but horizontally as well. The General Opinion 32 OPS Atty. General 363).
vertical fluctuations are mirrored in deeds and sur-
Adding to the complication of determining owner-
veys that call for the ordinary low water line, mean high
ship is the fact that the 1874 Legislature granted to
water line, etc. The various levels are usually difficult
the riparian owners the land to the low water mark
to determine from surveys and aerial photosand at
of the Willamette River. This only applied to the
times, from field examination.
private Riparian Lands that existed in 1874. In 1876
The lateral displacements create problems that are the Legislature amended the 1874 Act to include the
often impossible to solve; their solution being de- Coos River, Coquille River and the Umpqua River.
pendent on the historical movement of the water. This Also prior to 1903, the state accepted adverse pos-
element brings into play the principles of avulsion, session proceedings, but in 1903 the Legislature
revulsion, reliction, dereliction, accretion, erosion, etc. passed an act precluding the state from accepting
One of the best documents dealing with the history of further adverse possession proceedings. However,
Oregons riparian ownership and conflicting claims many lawyers argue that even though the state ac-
of title was issued by the 19691970 Advisory Com- cepted adverse possession proceedings prior to 1903,
mittee to the (Oregon) State Land Board.1 The fol- there is serious question as to whether or not the state
lowing quotations from the report will illustrate the should have done so as it appeared to do violence to
seriousness of the riparian problem. common law.
It is unfortunate that the river (Willamette) was not Another factor that complicates the riparian rights
surveyed at the time of statehood. This at least would problems in Oregon relates to an 1872 act, called
simplify some of the ownership conflict claims involv- the Tideland Sales Act, which provided that a public
ing (lateral) river changes between 1852 and 1859. We easement to a common fishery follow the title of all
find titles are clouded, we find title insurance compa- tidelands sold by the state.
nies wary of issuing policies and we find mortgage It appears that this restriction was written on the
and lending companies cautious. We find in some documents of conveyance from 1872 until 1878 and
instances county boundaries confused, and we find as then discontinued as a general practice. This raises
a pragmatical solution, cross-assessing practiced. some very interesting legal questions which relate to
In the states claim to the abandoned (by avulsion) whether or not navigational servitude ranks the common
riverbeds, it appears to place considerable confidence fishery; what is navigational servitude in application to
in the 1852 (Willamette) channel meander lines land fills; and whether a wharf is actually a wharf within
as providing the boundaries for the land the state the generally accepted legal definition of serving naviga-
claims. This results in the sale of lands in which the tional needs. There is also an interesting question
state may have doubtful ownership and perhaps the raised by the Deputy Attorney General who, in tes-
ignoring of lands that the state may actually own as timony before the committee, suggested that owners
the result of river changes from the 1852 survey loca- of riparian land, if when filling submerged and sub-
tion. (See Figure 10-1.) mersible land cause destruction of a common fishery,
may be liable to the state for damages.
Problems relating to conflicting claims of ownership
between upland owners and the state involve those Another problem relates primarily to conflicting uses
created by acts of man as well as acts of nature. rather than ownership; however, riparian ownership
is incidentally involved in many problems of navigable
Conflicting in claims of ownership between the waterways. One area where there appears to be conflict-
riparian owner and the state over new lands created ing uses is in our estuaries. The major concern relates
by filling submerged or submersible land subsequent
to preserving aquatic productivity, reconciling this
to 1859, developed generally through acts of man,
with industrial use and urbanization; recognizing the
i.e., the new lands created by filling submerged and
demands and opportunities for recreational enjoyment
submersible land in Oregon. New land created
of these water resources. Some of our estuaries have a
by filling state-owned submerged land is generally
capacity to support multiple uses; others may not.
considered to belong to the state.2 The act of selling
submerged land is subject to question. State-owned We are now at a point in history where there is a keen
submersible land, however, is subject to sale (and interest in preserving our estuaries; the ocean shore,
provided for by statute) with the 1872 imposed re- the lakes and streams. This interest has, and will
strictions. This problem is complicated because of continue, to cause the various governmental bodies
the involvement of the port districts. They, by an act to exert increasing control to protect and conserve
10-4
our natural water bodies. Old rules will be revised In shortany person taking title from the state does
to meet existing priorities; future legislation will be so subject to the traditional public rights (the rights of
developed to solve riparian problems; and new court navigation, fishery recreation and related purposes)
rulings will slowly untangle the riparian conflicts in the navigable waters.
especially those relating to the extent of the States
In conclusion, While the public trust doctrine at
responsibilities under the Public Trust Doctrine.
common law placed effective limitations on the
Crown, these limitations have been somewhat ob-
The Public Trust Doctrine scured by State Court decisions in the United States.
Though some courts have suggested that the public
trust place limitations on the power of the Legislature
Much of the conflict between the state and private to convey lands beneath navigable waters, this view
riparian owners centers around the intent of the conflicts with the basic theory of State Government
Public Trust Doctrine. The term Public Trust Doctrine that recognizes plenary power in the State Legislature
is generichaving no fixed or universal meaning; to the extent that it is not constitutionally limited. The
however, the following explanation is generally ac- trust theory does, however, place definite restrictions
cepted. on the state agency authorized to sell and maintain
First, a grantee of the state can take no greater title than submerged and submersible lands. These restrictions
the state can alienate, just as common law tells us that arise from the basic presumption that the Legislature
the grantee of land can take no greater title than the will not intend a conveyance of lands in derogation
grantor can alienate. The question then is what rights of the traditional public rights in the use and enjoy-
can the state sell or otherwise alienate in its riparian ment of the waters; a presumption which stems from
lands? The restrictions imposed on the state lie in the the inherent importance of free navigability of the
Public Trust Doctrine. waters. Any land conveyed by the State, therefore,
is and has been subject to the public right of naviga-
Second, on its admission into the Union (in 1859) tion. However, though the grantee of the State takes
Oregon acquired title to all lands beneath the navigable subject to the public right of navigation, not every
waters to the high water mark by virtue of its sovereignty.3 interference with that right will be enjoinable since the
The state, as a government entity, held title to the lands test is one of public nuisance that involves a balancing
as the REPRESENTATIVE OF THE PEOPLE. In other of the conflicting interests. Hence, the Public Trust
words, the state represents the people and the own- Doctrine retains vitality and continues to protect the
ership is that of the people in their united sovereign- traditional rights in the navigable waters.7
ty. (Gould, 32 at 72.)4
What this means, in the most fundamental sense, is
the state holds title to these lands for the people to The Role of the County
be made use of as the people, through the legislature,
decides they should be used. For all intents and pur- Assessor Regarding
poses the title of the state was burdened with a trust,
so to speak, to protect the traditional public rights. To Riparian Ownership and
many, the word TRUST connotes a severe restriction
on the state to convey its lands. Riparian Rights
Although some uncertainty still exists as to the extent
Why should the assessor be concerned about riparian
of the states right to convey its lands, it is generally
ownership and riparian rights? The answer is simple.
accepted that the state does have a right to sell, lease
In order to properly assess riparian lands he must make
or otherwise alienate its riparian lands.5 The restric-
an accurate determination of the area. To do this he must
tions have been accepted as:
know where the legal riparian boundaries SHOULD BE.
1. The Legislature does not have the right to sell It is therefore essential that special care be used in
or lease state lands beneath navigable waters in graphically delineating riparian boundaries on the
derogation of the public right of use and enjoyment of cadastral maps.
those waters.6
Moreover, the extent of the riparian rights directly
2. The state cannot sell rights and privileges in navi- affects the value of the riparian lands and riparian
gation and fishing. uplands.
3. Existing titles taken by a grantee of the state is At times, the mapping of riparian lands will generate
presumed subject to the public right of naviga- debate over ownership and boundaries; debate that
tion and fishery. can spend years in the courts (e.g., the Corvallis Sand
10-5
10-6
Figure 10-1
10-7
and Gravel Co. v. State Land Board). Unfortunately, this erty lines run to the line of ordinary high water (also
cannot always be avoided. Every time the cartogra- known as mean high water) of a body of water. Re-
pher adds the lines of a body of water to the cadastral member, the very definition of riparian pertains to
map, riparian boundaries are established (graphical- the bankand not the bed of a navigable stream.
lynot necessarily legally). It is perhaps comforting
When the state is the owner of the submersible lands
to know that the assessor is NOT RESPONSIBLE FOR
on navigable waters and is not using such submers-
SETTLING DISPUTES ASSOCIATED WITH RIPAR-
ible lands for public purpose, the riparian owner has
IAN LANDS, NOR IS HE CLOTHED WITH SUCH
certain well recognized rights of accessto the navi-
AUTHORITY; this must be left for the courts to settle.
gable waters, including the right to construct proper
It is important to make it clear to every map user that
THE ASSESSOR IS NOT RESPONSIBLE FOR ESTAB- wharves, piers, piling, etc., in aid of navigation in the
LISHING THE LEGAL BOUNDARIES OF ANY REAL submersible and submerged lands in front of his up-
PROPERTY; therefore, the riparian lines on cadastral lands.15 (Such construction would have to be within
maps are for assessment purposes only and NOT FOR federal, state, and local government regulations.)
THE PURPOSE OF ESTABLISHING THE LEGALITY When the state leases such submersible lands, the les-
OF RIPARIAN BOUNDARIES. see becomes the riparian owner and as such acquires
all the rights of the former upland owner who failed
to utilize his preferential right to lease.16
Riparian Rights
The word riparian stems from ripa, which means Littoral Lands and Rights
bank. To be riparian, lands must abut (touch) the
body of water. Therefore, riparian rights are inciden- The word littoral relates to a coastal region and in-
tal to the ownership of land bordering on water and land seas (lakes). The term littoral lands then is used
pass with the transfer of the property (even when not to denote riparian lands along lakes and tidewaters.
so designated in a deed). They connote the rights and Littoral rights denote the riparian rights along lakes
profits to the owner of the upland arising from its and tidewaters. Littoral rights and riparian rights are
connection with the water.8 Any intent for riparian terms that are used interchangeably. This is accept-
rights to be reserved by a grantor must clearly appear able because the riparian right doctrine is synony-
in the conveyance of upland. If there is a severance of mous with that of littoral rights.
ownership of the land abutting the water, the land
that no longer abuts the water ceases to be riparian. When the state has leased or conveyed the tidelands
bordering on tidal waters, the littoral rights are lodged
Riparian rights are natural property rights; not ease- in the tidelands owner (or lessee). This includes the
ments or appurtenances. They are a part of the soil (wet right of the littoral owner to build structures17 on the
or dry) and go with the soil. They include the right of bed below the low water mark and the right to moor
access to, and reasonable use of, the water.9 They also logs on the water.18 These rights inhere to the exclu-
constitute real property taxable under ORS 307.030.10 sion of the former upland owner, the grantee or lessee
This is not to say, however, that riparian rights having the concomitant right to block the right of ac-
should be separately assessed and taxed apart from cess to the water of the upland owner.
the land.11 Although riparian rights may be conveyed
to a nonriparian owner, the conveyance does not create
a separate estate but results in the creation of a special
easement burdening the riparian land, because the
Laws of the United States
rights are inseparably attached.12 Therefore, if ripar-
ian rights are conveyed to a nonriparian owner, or are The beds of navigable waters are not part of the pub-
to be reserved by a riparian owner in a conveyance lic domain and are not subject to survey and disposal
of a portion of the riparian land, the rights should be by the United States; the sovereignty is in the individual
considered as any other kind of easement, not sepa- states. Under the laws of the U.S., the navigable wa-
rately assessed.13 ters have always been and shall always remain com-
mon highways. This includes all tidewater streams
and other important permanent bodies of water
Riparian Uplands whose natural and normal condition at the date of
admission of a state into the Union was such as to
classify the same as navigable water.19
Riparian uplands14 are the lands that touch the line
of ordinary high water. Therefore, a riparian upland Tidelands covered by the normal daily overflow are
owner or riparian upland proprietor is one whose prop- not subject to survey as public land.20
10-8
All navigable bodies of water and other rivers and states or foreign countries in the customary modes in
lakes are to be segregated from the public lands at which such commerce is conducted by water.
the mean high water line (abbreviated MHWL). With
The question of navigability in law, where there may
respect to public lands bordering on nonnavigable
be controversy, is a matter that can only be legally
bodies of water, the U.S. Government assumes the
settled by the courts, based on the facts and the con-
position of private owner, and when it parts with title
ditions in each case (as they prevailed at the date of
to those lands (without reservation or restriction) the
statehood).
extent of title of the patentee to the lands under water
is governed by the laws of the state within which the
lands are situated.21 Navigability to be Determined by
Title to beds of nonnavigable bodies of water remains Division of State Lands
in the United States until the shore lands have passed ORS 274.031 provides that the division shall investi-
into private ownership.22 gate the issue of navigability of a stream or any por-
It must be noted that state and private rights are al- tion thereof and, in accordance with ORS 183.310 to
ways subject to the paramount power of Congress for 183.500 shall determine prior to July 1, 1981, the issue
the regulation of commerce between the states and of navigability for such stream or portion upon its own
foreign nations. motion or upon the request of any person or state
agency affected by the divisions performance of its
lawful functions.... Any determination of navigability
Navigable Waters made by the division under this section shall not be
binding upon any person, but such determination shall
The state of Oregon became the owner of the beds be binding upon the division in the performance of its
of all navigable bodies of water located within its lawful duties. (Emphasis supplied.)
boundaries when it was admitted into the Union in The Division of State Lands determination under that
1859; which ownership is presumed to have contin- statute is to give notice to all persons affected of the
ued in the absence of proof to the contrary. extent of the states claim of title to the stream bed.
The extent of riparian proprietorship is dependent The determination is binding on political subdivisions
upon whether or not a body of water is navigable. of the state seeking to assert an ownership interest in sub-
The title to the submerged and submersible lands of the merged and submersible lands. Moreover, although ORS
navigable streams and lakes in Oregon is in the state.23 274.031 limits the binding effect of the determination
The riparian lands abutting nonnavigable streams and to the Division of State Lands (both as a legal and as a
lakes extend to the middle of the stream channel or practical matter), the declaration is binding on all state
lake. (See subsection on Nonnavigable Streams.) and local government agencies (this includes those of
assessment and taxation).26 This is because both the
Definition of Navigability constitution and the statutes have reposed in the Di-
vision of State Lands (acting under the policies of the
One of the most dependable definitions of navigabil- State Land Board) the responsibility of administering
ity appears in the Daniel Ball case.24 The definition for the greatest public good all lands owned by the
applies to lakes as well as streams.25 In that case the state.27 Therefore, an administrative determination
court explained: by the Division that it asserts no claim of ownership
to the bed of a stream above a certain point, because
A different test must, therefore, be applied to de-
of nonnavigability, necessarily binds the Executive
termine the navigability of our rivers, and that is
and Administrative branches of government until
found in their navigable capacity. Those rivers must
subsequently modified by judicial determination.28
be regarded as public navigable rivers in law which
Once having made such a determination the state
are navigable in fact. And they are navigable in fact
and its agencies could not, thereafter, move the head
when they are used, or are susceptible of being used,
of navigability further upstream unless the Legisla-
in their ordinary condition, as highways for commerce,
ture amends ORS 274.031 to authorize such action.
over which trade and travel are or may be conducted in the
customary modes of trade and travel on water. They con- Often the State of Oregon will make a determina-
stitute navigable waters of the United States within tion of navigability that differs from the Federal
the meaning of the Acts of Congress, in contradistinc- determination; e.g., the state determined the head of
tion from the navigable waters of the States when they navigability of the Umpqua as the head of tidewater
form in their ordinary condition by themselves, or by near Scottsburg.29 The Federal determination placed
uniting with other waters, a continued highway over the head of navigability as the Interstate 5 highway
which commerce is or may be carried on with other bridge at Roseburg. In such cases the state determina-
10-9
tion should be used for cadastral map purposes. The state was incorrect. Meander lines do not establish naviga-
determination of navigability is based on different bility, nor does the lack of meander lines denote non-
criteria and for different purpose than the Federal de- navigability of a stream.31
termination. Whereas the states determination is to
Many meandered streams are not navigable streams.
establish ownership of the bed of a stream, the federal
The meander lines of the original surveys were run
determination is for the administration of the stream in
merely for the purpose of defining the sinuosities of
a regulatory capacity under direction of Congress.
the bank or shore line, and for ascertaining the ap-
The criteria used by the United States, in the Umpqua proximate quantity of land remaining after segrega-
case, was an 1871 trip of the steamer Swan to Rose- tion of the water area. 32
burg. The state, on the other hand, based its determi-
nation on historical use of the river for shipping and Special Notes
river traffic.
The appendix includes a list of those streams, sloughs
Statutory Provisions and channels that are considered navigable. It is from
the Legislative report on Oregons submerged and
Division in the following Oregon Revised Statutes submersible lands,33 and updated from recent de-
means the Division of State Lands. terminations on the statutory issue of navigability of
some streams. It is reliable for assessment, taxation,
ORS 274.005(3) Line of ordinary high water means and cadastral mapping.
the line on the bank or shore to which the high water
ordinarily rises annually in season. Remember that ORS 274.031 gives the Division of
State Lands until July 1, 1981, to determine the is-
ORS 274.005(4) Line of ordinary low water means the sue of navigability of Oregons streams. Therefore,
line on the bank or shore to which the low water ordi- it is reasonable to expect revisions to the list. Some
narily recedes annually in season. streams on the list may be deemed unnavigable; oth-
ORS 274.005(5) Land includes water, water rights, ers not on the list may be found navigable; and the
easements of every nature and all appurtenances to head of navigability of some streams may be moved.
land. It is recognized that there will be disagreement over
ORS 274.005(6) Material includes gravel, rock, sand the issue of navigability of a body of water. Any tax-
and silt, but does not include hard minerals subject to payer questions or complaints about the navigable
ORS 274.611 to 274.645, or oil, gas and sulphur sub- status of any body of water should be directed to the
ject to ORS 274.705 to 274.860. Division of State Lands. Additional information can
be obtained from the U.S. Army Corps of Engineers
Often surveys are not available to determine the lines and the National Oceanic and Atmospheric Admin-
of ordinary high or ordinary low water. Moreover, in istration (abbreviation is NOAA; formerly the U.S.
many cases, the lines cannot be determined by field Coast and Geodetic SurveyU.S.G.S.).
inspection or survey. In such cases ORS 274.015 pro-
vides that annual mean high or mean low water of U.S. determinations on the issue of navigability are
the preceding year can be used. seldom revised; according to Thompson, once a body
of water has been declared navigable it will always remain
ORS 274-029(2) Issue of navigability means, for the pur- navigable as long as it exists.34
poses of the Divisions performance of its lawful func-
tions, whether a stream was navigable in fact on February Special Statutory Provisions
14, 1859. A stream was navigable in fact on that date if
it was susceptible of being used in its ordinary condition as Whenever the United States desires to acquire title to
a highway for commerce, trade and travel in the customary land belonging to this state that is covered by the navi-
modes of trade and travel on water. Note the comparison gable waters of the United States for the site of an aid
between the statutory definition of navigable in fact and to navigation, the Governor may convey the title to the
that of the definition in the Daniel Ball case.30 United States and cede to the United States the juris-
diction over the site, subject to ORS 272.015. However,
Meander Lines Not the Criteria for no single tract may contain more than 10 acres.35
Navigability ORS 272.036 Oregon City Canal. Consent is given to

the United States to acquire the premises and prop-
On early cadastral maps (including some maps pre- erty described in the preamble of chapter 77, Oregon
pared by the Department of Revenue) streams were Laws 1913 (Oregon City Canal Area). The United
treated as navigable because they were meandered in States may enter upon and use and occupy such
the original U.S. survey of the public land. That policy lands and premises and shall have the right of exclu-
10-10
sive jurisdiction over the lands and premises, subject the Union, or at any time since admission, and which
to ORS 2721.015. (Formerly ORS 272.090.) has not been vested in any person, is vested in the State
of Oregon. The State of Oregon is the owner of the
ORS 274.036 Status of channel of Willamette River;
submersible and submerged lands of such streams
approval of dam; state not obligated to maintain river
and lakes, and may dispose of the same as provided by
location. The Willamette River at mile 176.5 has been
law. Sections of navigable streams, created by avul-
returned to its pre-1971 channel. The Legislative As-
sion remain in the original owner. See footnote 23.
sembly finds that in the interest of the states owner-
ship in the bed of the Willamette River and protecting, The word vested does not mean merely the inclu-
the public rights of navigation, fisheries, recreation sion of the riparian lands on ones deed. It means that
and wildlife habitat, the river at that point should be one is clothed with a present, legal, and existing right
allowed to remain at its present location. The Legisla- of alienation. That the title is not subject to being de-
tive Assembly further finds that the construction of feated by a condition precedent. In other words, for
the dike at river mile 176.5 which returned the river private title to exist in these lands, the title must de-
to its pre-1971 channel is hereby approved as being scend from the state. It is also important to remember
in accordance with the intent and purposes of ORS that adverse possession of these lands does not run
780.010. Nothing in this statute is intended to imply a against any public body.
continuing obligation by the state to maintain the riv-
er in any location or waive the requirements of ORS ORS 274.025(2) No person shall acquire any right, ti-
541.605 to 541.665. (Chapter 541 relates to Miscella- tle or interest in or to the submersible and submerged
neous Provisions on Water Rights, Uses and Protection.) lands of such navigable lakes, or any part thereof, by
reliction or otherwise, or by reason of the lowering or
ORS 537.110 All water within the State from all drainage of the waters of such lakes, except as pro-
sources of water supply belongs to the public. (Note, vided by statute.
this law relates to the waternot the riparian lands.)
ORS 274.040 provides for the sale or lease of state
ORS 780.030 Channels improved are highways free submersible lands. Under ORS 274.040(2)(c), Any
to navigation. owner of lands abutting or fronting on such submersible
lands shall have the preference right to purchase such
lands for the fair appraised value provided that the sale
Submerged and of such lands be approved by the State Land Board.
The act of entering into a lease with the state could
Submersible Lands estop a person from claiming ownership to the land;
therefore, ORS 274.040(8) provides that The act of any
Oregon law defines submerged lands as the lands lying person entering into an agreement with the division under
below the line of ordinary low water of all navigable this section or ORS 274.530 for the lease of submersible
waters within the state boundaries; whether the wa- lands shall not be considered a waiver by such person of
ters are tidal or nontidal (except as provided by ORS any claim of ownership in the submersible lands in the
274.705, which defines tidal submerged lands as lands agreement.
below the line of mean low tide in the beds of all tidal
waters within the boundaries of Oregon).36 Submerged As stated earlier in this chapter, the state does have
lands is a legal term that is synonymous with the bed the responsibility (under the Public Trust Doctrine)
of a body of water (defined as the land that is covered to protect the traditional public rights. Therefore, when
by water in its ordinary low stage). submersible lands are conveyed to private persons,
the lands remain subject to the easement of the public,
The area between the banks of a body of water in- under the provisions and restrictions of the law, to
cludes not only the submerged lands but the submers- enter thereon and remove oysters and other shellfish.38
ible lands as well. Oregon law defines these lands as
the lands lying between the line of ordinary high wa- It should be observed that the riparian owner has
ter and the line of ordinary low water of all navigable the rights to construct structures and install piling on
waters and all islands, shore lands or other such submersible and submerged lands; however, the Leg-
lands held by or granted to the State.37 islature can provide for the regulation of the build-
ing of wharves or other improvements in the States
Statutory Provisions bays, harbors and inlets39 (subject, however, to ORS
780.040when a landowner may construct a wharf;
ORS 274.025(1) The title to the submersible and ORS 780.050municipality or port may regulate
submerged lands of all navigable streams and lakes construction of certain structures beyond low-water
in this state now existing or which may have been mark; ORS 780.060construction may not interfere
in existence in 1859when the state was admitted to with oyster production). Also, the federal govern-
10-11
ment, acting through the U.S. Corps of Engineers, government involved in estuaries: local government
may require a permit to install, piling below the through planning and zoning commissions; the State
low-water line. Most permits do not allow structures or through its federal grants, statutes and policies; and
pilings to extend beyond the harbor line.40 This is impor- the federal government through the federal laws.
tant to cadastral mapping. The line of wharves and
The laws and regulations relating to estuaries should
pilings, evidenced on aerial photographs, is reliable
as the general location of the harbor line. be easy to appreciate when you consider the fact that
the intricate and delicately balanced estuarine envi-
ronment is all too easily disturbedor damagedand
The Estuaries poor planning or careless development can destroy an
estuary beyond all hope of revitalization in our time.
Estuaries are the coastal regions where the waters Our concern, professionally is the delineation of the
from the uplands and inlands meet and amalgam- estuary littoral boundaries. From the following sub-
ate with the salt water from the sea. The estuarine sections it will be evident that the control exercised
ectosystem, including the estuary natural biological over estuary land is subject to the littoral proprietor-
productivity, habitat, diversity, water equality and ship of the land; consequently, the boundaries and
other special estuarine elements makes the worlds areas of every parcel of littoral real estate are crucial,
estuaries the most productive lands on earth. requiring great care in delineation on estuary cadas-
tral maps.
Oregon has a short supply of estuaries, and each is
unique in itself. This is caused by the difference in The assessor and cartographer must understand
the amount of salinity, water temperature, current that there are few generalizations when dealing with
patterns, soils in their beds and banks, and available boundaries in estuaries. The laws will show that such
supplies of nutrients. Marine scientists contend that terms as new lands, tidal lands, tidelands, swamp and
the estuaries, because they contain a combination overflowed lands, salt marshes, oyster plantations, and sea
of fresh water and sea water nourished by nutrients level have very exact legal meanings. If the laws and
from both, are richer than either by itself. This diver- legal terminology are adhered to, the assessor will
sity of nutrients and character supports an enormous reduce his chances of landing in the middle of violent
sea wealth in a wide variety of fish, birds, mammals, controversy between the claimants to littoral rights
and, of course, the supporting animal and plant or- and lands. Here, it is the assessors responsibility to show
ganisms. the boundaries by the best cadastral information available
Many of the creatures found in estuaries are tran- (deeds, surveys, and so forth) and in accordance with
sients enroute to the inland waters or the Pacific. the laws of this state.
These organisms spend only a short, but important, The appendix includes a chart showing tidal elevations
part of their life cycle in the brackish estuary waters. and definitions as compared to sea level datum using
Other species, however, are permanent residents of mean high water as the zero for sea level. Also included
the bay and spend their entire lives in the estuary. In is an estuary profile (based on data from the Division
addition to being a productive habitat for fish and
of State Lands) and an ocean shore profile.
wildlife, estuaries provide a pleasant productive en-
vironment for people.41
Waters of This State
Thousands of Oregonians live on the shores of coastal
estuaries. Many live by selling products from the bay Oregon law provides that the estuaries are legally
or nearby sea or by handling cargo involved in inter- classified as waters of this state.
national commerce. Equally as many persons visit es- ORS 506.006(13) Waters of this state are all waters over
tuaries to fish and boat in relative safety of protected
which the State of Oregon has jurisdiction with any
bay waters or to just enjoy the beauty and grandeur
other State or Government, including waters of the Pa-
of the seacoast.42
cific Ocean and all bays, inlets, lakes, rivers and streams
Because of the interest in the states estuarine re- within or forming the boundaries of this State.
sources, there are many governmental agencies
involved in studies, administration and protection Tidal Lands and Tidelands
of the estuarine elements. For example, the federal
government enacted the Estuary Protection Law As the general estuary profile shows (see appendix),
which gave to the Secretary of Interior special au- tidal lands includes the tidal submerged lands and the
thority and responsibilities for studying estuaries tidelands of an estuary. In other words, tidal lands are
and for developing means to protect, conserve and all estuary lands covered by, or alternately uncovered
restore them. There now appear to be three layers of and covered by, the ebb and flow of the tides.
10-12
Tidelands are the coastal areas situated above mean placement of a fill or deposit of earth, rock, sand or
low water and below mean high water (or above other solid imperishable material.
mean low tide and below mean high tide), particu-
ORS 274.705(7) Tidal submerged lands means lands
larly as they are alternately uncovered and covered
lying below the line of mean low tide in the beds of all
by the ebb and flow of the daily tides. Tidelands are tidal waters within the boundaries of this state
only part of the tidal lands.
ORS 274.710 grants the Division of State Lands the
There is a distinct difference between tidelands and jurisdiction over easements, and leases for oil, gas
swamp and overflowed lands. Coastal salt marshes that and sulphur in the tidal submerged lands. And ORS
are covered by the daily tide are tidelands and are 274.885 gives the division the power to lease sub-
not subject to U.S. survey. On the other hand, coastal merged lands for the purpose of harvesting kelp and
marshes that are not covered by the daily tide are of- other seaweed.
ficially termed swamp and overflowed lands within the
United States grants that are subject to survey. Oregon law defines new lands as the lands protruding
above the line of ordinary high water, whether or not
Under the laws of the United States the navigable wa- connected with the adjoining or opposite upland or
ters have always been and shall forever remain com- riparian lands on the same side of the body of water,
mon highways. This includes all tidewater streams which have been created upon submersible or sub-
and other important permanent bodies of water merged lands by artificial fill or deposit. New lands
whose natural and normal condition at the date of does not include bridges, wharves and similar struc-
admission of the State into the Union was such as tures constructed upon submersible or submerged
to classify the same as navigable water.44 Tidelands, lands other than artificial fill or deposits.48
which are covered by the normal daily overflow, are
ORS 274.915 The Division of State Lands may
not subject to survey as public land.45
sell, lease or trade submersible and submerged lands
The generally accepted legal basis for the States owned by the state and new lands created upon sub-
ownership of tidelands and navigable waters traces mersible or submerged lands owned by the state
to the original 13 colonies. At the conclusion of the
ORS 274.920 No one other than the United States,
Revolution, the colonies assumed absolute owner-
while engaged in the promotion of navigation, shall
ship of all lands beneath tidal waters and navigable artificially create new lands by fill or deposit upon
rivers within their boundaries. Exceptions were such submersible or submerged lands without the ap-
portions thereof, as had been previously granted out proval of the owner of such lands and the owner
by the former sovereign. The original 13 states did of the adjoining or opposite upland on the same
not surrender their lands beneath tidal waters and side of the body of water. ORS 274.925 grants the
navigable waters to the federal governmenteither purchase of new lands to a public body when the
by the federal Constitution or otherwise. abutting lands, opposite uplands or riparian lands on
The case of Pollar v. Hagen46 holds that all states sub- the same side of the river belong to the public body.
sequently admitted to the Union became the owners And ORS 274.929(1) provides Whenever the United
of the lands beneath their tide and navigable waters, States, while engaged in the promotion of navigation,
equally with the original 13 states. It follows then, with creates new lands upon submersible or submerged
some exceptions, that all of the states of the Union are lands owned by the state and the adjoining, or op-
the absolute owners of the lands beneath tidal waters posite upland or riparian land on the same side of the
and navigable waters within their respective boundar- body of water is owned by other than a public body,
ies excluding, of course, land that the states have sold the nonpublic riparian owner has the right to purchase
the new lands as provided in this section.
or granted or that have been ceded, conveyed, or con-
demned by the United States for purposes of national Whenever a public body, other than the United
defense, navigation and conservation.47 States, creates new lands on submersible or sub-
merged lands owned by the state, the public body
Statutory Provisions has the right to purchase the new lands as provided
in ORS 274.932(1).
ORS 274.615 provides for the leasing of navigable bay
ORS 274.935 Whenever new lands are created upon
and river beds for the extraction of minerals.
submersible or submerged lands owned by other
ORS 274.705(1) defines filled lands as including than a public body, such lands shall be owned by the
submerged and submersible lands reclaimed artifi- owner of the submersible or submerged lands upon
cially through raising such lands above the highest which the new lands are created.49 This provision of
probable elevation of the tides to form dry land, by the law is not license to create additions to riparian
10-13
Figure 10-2
10-14
lands by artificial means. The court, in State of Or- oyster beds acquired or held under law existing on
egon by and through McKay v. Sause, ruled that As February 17, 1921.55
long as the upland owner does not encroach on the rights
ORS 509.495 Transfer by reference to filed oyster
of the state or of any other parties he may make artificial
changes in his bank, which will not destroy his title or plat. Sales, leases, assignments, and other transfers of
affect his boundary. In that same case the court also oyster plantations and claims, or parts thereof, may
said, Gradual artificial accretions go to the upland be made by reference to the plat filed as provided in
owner when caused by acts of third persons [subject ORS 509.425 to 509.455. The heirs, successors, assign-
to Oregon Statutes] and in some cases by the acts of ees and lessees of oyster plats are entitled to contin-
the upland owner himself, but a riparian owner can- ued possession of such plats by compliance with ORS
not add to his property as against the State of Oregon, 509.425 to 509.455.
by filling in the area adjacent to his property, either on Nothing in ORS 509.495 invalidates any claim or plat
the idea that such a change is sudden and therefore filed prior to June 14, 1939, or invalidates in any man-
an avulsion, or on the idea that he cannot claim that ner any transfers, debts or conveyances made prior
to which he has no right.50 to June 14, 1939, of oyster claims or lands made refer-
Whenever an individual creates new lands upon the ence to in any filed claims or plats.
submersible or submerged lands (in accordance with
That portion of Netarts Bay in Tillamook County, ly-
ORS 274.920) owned by the state, such individual
ing south of the quarter section line running east and
has a right to purchase the new lands as provided by
west through the center of Section 19, in T2S.R.10W
statute.51
of the Willamette Meridian, is designated by Oregon
The law also provides for the reservation of new Law as natural oyster beds. That part of Netarts Bay
lands from sale, transfer or lease when it has been de- lying north of such quarter section line is designated
termined that the public interest requires such lands and set apart for artificial plantations of oysters.57
to be preserved for recreation, conservation of fish
and wildlife or the development of navigation. The All tidelands and lands under the waters of Tilla-
law provides the adjoining or opposite upland or ri- mook Bay in Tillamook County which are located as
parian owner reasonable access across such reserved oyster claims as provided by law are withdrawn from
new lands to the navigable water.52 the lands of the state which may be sold, are desig-
nated as oyster lands and are set aside for the location
Oyster Plantations on Public Lands of artificial oyster claims (subject to ORS 509.425 to
509.455).58
and Private Lands
ORS 509.427 requires that plats and descriptions be Tidal Levels vs. Sea Levels
filed by July 1970 of all Oyster rights, claims, leases
When plotting the riparian boundaries of real prop-
and plantations that existed upon passage of the 1969
erty it is important to understand that tidal elevations
Act. The plats and description (accompanied by a
are not elevations above sea level datum. The tidal eleva-
map) had to be filed with the State Fish and Wildlife
Commission. tions are based on mean lower low water (abbrevi-
ated MLLW) as the datum; approximately four feet
Persons using state lands in the manner provided for below sea level. Elevations above and below sea level
in Chapter 675, Oregon Laws (1969) for cultivating (in reference to sea level, not tidal datum) are based
oysters pay annual cultivation fees and use taxes in on the 1929 (1947 adjusted) North American Datum-
lieu of property taxes, lease fees or rental charges.53 This this is sea level (or zero on the sea level staff). Sea
law pertains to the oyster plantations, on state lands level is approximately +4 feet on the tidal staff (mean
only. The oyster plantations, beds, plats or claims on sea level on the tidal staff).
private lands are subject to ad valorem taxation.
The statutes also provide that any plats of oyster lands Port Powers in Bays and Rivers
held by citizens of this state, if distinctly marked out
by means which do not obstruct navigation, and not By Oregon law, a Port District may improve bays,
exceeding the extent allowed by regulations, shall be rivers and harbors within its limits and between its
deemed and protected as private property. Such plats, limits and the sea for the width and length and to the
however, do not restrict the rights of the public to the depth the port considers necessary or convenient for
use of the waters of this State in the normal and cus- the use of shipping, etc. It may construct the canals,
tomary manner.54 Nothing in ORS 509.425 to 509.455, basins and waterways necessary or convenient for
509.505 and 511.625 interferes with any rights in, or the use of shipping or the extension of the commerce
ownership of any private plantations of oysters or of the port.59
10-15
ORS 777.116 grants a port the authority to acquire by owner (subject to the public right of navigation); and
condemnation or other lawful method, hold, use, enjoy that the United States patent included no rights to the
and convey, lease or otherwise dispose of real and per- abutting tideland between high and low water.62
sonal property, or any interest in real or personal prop-
When the State Tax Commission mapped Clatsop
erty, necessary or convenient in carrying out its power.
County in the early 1950s, it was unaware of the
The ports authority over harbors, wharf lines and delicate problems relating to the Astoria waterfront.
navigation is provided by ORS 777.120. Cartographers proceeded to map Astoria with little
consideration for the filled submersible lands that
When Littoral Rights Are Separated were never sold by the State, without adequate
knowledge of the laws and doctrines of riparian and
from the Upland Owner littoral rights, and without adequate reference mate-
When the State of Oregon is the owner of the tide- rial to establish the littoral boundaries. Consequently,
lands, or submersible lands, and is not using such the mapping unit contributed to the confusion and
lands for a public purpose, the littoral owner has controversy over the actual ownership of much of
certain well recognized rights of access to the navi- Astorias waterfront.
gable waters. However, when the state has leased or The Astoria waterfront problem started with the Bowl-
conveyed the tidelands the littoral rights are lodged in by v. Shively conflict. It seems that Shively dedicated
the tidelands owner or lessee,60 to the exclusion of the streets to the public (under the Astoria Sea Wall Charter
former upland owner. The lessee or grantee has the Act) that were on Bowlbys tidelands; this prompted
concomitant right to block the right of access to the the aforementioned Bowlby v. Shively case.63
water of the former upland owner. (This would not
apply to the upland owners along the ocean shore.) In short, the Astoria Sea Wall Charter Act was an act
The converse is also a true; i.e., no other party can to be entitled an Act to authorize the City of Astoria
block the lessee or grantee from using his submers- to erect a sea wall and to grade the streets, and con-
ible lands. struct sewers in connection therewith.64 Contrary to
Article IV, Section 20 of the Oregon Constitution (stat-
Case in point: through a series of transactions (begin- ing, that every act shall embrace but one subject, and
ning in 1860), Charles W. Shively became the owner of matters properly connected therewith, which shall be
the uplands fronting the original Astoria tidelands, and expressed in the title. But if any subject shall be em-
John Q. A. Bowlby became the owner of the abutting braced in an act which shall not be expressed in the
tidelandsvia purchase from the State of Oregon. title, such act shall be void only as to so much thereof
In June of 1891 Bowlby initiated a lawsuit that would as shall not be expressed in the title) the Sea Wall Act
ultimately result in a landmark decision that is still included provisions not properly connected with the
highly respected today. This is the Bowlby v. Shively law as expressed by the title.
case.61 The plaintiff alleged that he was the owner of Section 2 of the Act authorized the city to construct a
the tideland abutting Shivelys uplands; that the lit- sea wall, to fill behind it, construct sewers and grade
toral rights vested in the tideland owner and did not streets, and vested the City Council with the neces-
automatically attach to the uplands owner. Shively sary powers to implement the Act. Section 4 restrict-
claimed that his title to the DLC (that covers a large ed the manner of sea wall construction, provided for
part of Astoria) gave him the tidelands and submers-
location of Railroad Avenue, granted authority to
ible lands in front of the DLC. In other words, as
condemn rights of way for dirt (fill), and provided
owner of the upland, he automatically became the
that persons refusing to dedicate Railroad Avenue
owner of the littoral and wharfage rights to the main
would take nothing under a grant. Section 5 declared
channel of the Columbia River.
ownership of the riverbed by the State, dedicated
Bowlby argued that the state had ownership of the the sea wall as a public highway devoted to railway
submersible lands and could alienate the land (sub- purpose, and provided authority to the City to grant
ject to the public right of navigation). He contended franchises to railroads for use of Railroad Avenue.
that the Donation Land Claim patent from the United
Section 6 appears to be an intent of the Act that was
States extended only to the high tide line.
excluded from the title of the law. It granted all state
The Oregon Supreme Court held that Bowlby owned title in submerged lands from low water line to the
the tidelands. The case went to the United States Su- wharf line to the owners of the wharfage rights,
preme Court, where that court ruled that the upland providing the owner or claimant made a dedication,
owner possessed only those rights to the tidelands confirmed adverse holders title (unless a protest was
that the State alienated; that the State did have the filed in six months), and so on. Section 7 vested the
right to sell the tidelands to other than the uplands City with the power and duty to construct sewers
10-16
perforating the sea wall. Section 11 directed the City with respect to lands described in subsection (2) of
to negotiate with owners of real estate on bills for fill this section and any improvements thereon (exclud-
material and so forth. The apparent doubtful wording bridges, wharves, quays, docks, piers, marinas or
ing of the Act caused it to be repealed in 1893. similar structures protruding above the line of ordi-
The Astoria and Columbia River Railroad Com- nary high water) that are located within the following
pany65 connected its Astoria-Seaside line to Portland described area: those portions of sections 12 and 13
via the banks of the Columbia River. The track was of Township 8 north, range 10 west of the Willamette
constructed on piling that ran the entire length of the Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18,
Astoria waterfront. and the south one-half of section 3, of township 8
north, range 9 west of the Willamette Meridian, that
In a speech to the Clatsop County Historical Society
are within the boundaries of the City of Astoria as
(1974), A. R. Panissidi explained that In a very short
time, piers were extended from the shore and on the river- such boundaries existed on June 13, 1969.
side of the line [railroad line]. The 1922 fire did not spare ORS 273.850(2) Subsection (1) of this section applies
the railroad, but it, too, was quickly rebuilt. What had to lands created before May 28, 1963, by artificial fill
started out as wooden tracks were later replaced by metal. or deposit on lands formerly submersible or sub-
Curiously, when the line was sold, no question was ever merged, if such lands were possessed under color of
raised over the railroads lack of title from the State to its title by a person or government entity, or predeces-
riverbed right of way. It appears none ever existed, but land
sors in interest of such person or governmental entity,
was plentiful and cheap and government vigilance over its
throughout the period beginning when such lands
titles was virtually unheard of.
were created and ending on January 1, 1970.
Subdivisions were made on paper; streets, lots and blocks
were laid out without regard to the location of river water Nothing in ORS 273.850 to 273.890 applies with re-
lines. Occasionally early subdivision plats showed the spect to land that remained submerged or submers-
shoreline and perhaps the pierhead line, but rarely, if ever, ible on May 28, 1963.69 The lands described in ORS
was any attention paid to such lines as mean low water 273.850(1) and (2) are no longer under jurisdiction of
or the fact that much of the area platted lay over submerged the State Land Board.
lands belonging to the State. In consequence many deeds Subsections (1) and (2) of ORS 273.850 apply to any
contain descriptions extending purported ownership to the
lands described therein only when the Board of County
pierhead line.66
Commissioners of Clatsop County executes and delivers a
The 1969 Legislative Assembly, at the request of the quitclaim deed to a person or government entity that has
Division of State Lands and the Advisory Commit- been found (under ORS 273.855, subsections 3, 4 and 5
tee to the State Land Board, passed Chapter 493 into and ORS 273.860 to 273.880) to have such possession of
law. This was the Astoria Quitclaim Act. The new law the lands as of the time of application for a deed under ORS
provided a means by which waterfront landowners 273.850 to 273.890 as would bar an action or suit for re-
(whose actual ownership was questionable) could covery of the lands by a private person under no disability
obtain a quitclaim to the lands they possessed from
holding legal title thereto. However, in the case of lands
the State via Clatsop County.
acquired by Clatsop County through foreclosure for
Figure 10-3A shows part of the Astoria waterfront as delinquent ad valorem taxes or otherwise, subsec-
surveyed in December, 1856.67 From early paintings tions (1) and (2) of ORS 273.850 apply with respect to
of the area it appears as though the mean high water any lands described therein when it has been found70
line was at the base of the hill.68 Figure 10-3B shows that Clatsop County or its predecessor in interest
the later Donation Land Claim lines. Note the consid- with respect to such lands has such possession of
erable difference between these and the 1856 lines in the lands as would bar an action or suit for recovery
McClures Claim (No. 40). Shivelys, however, was in of the lands by a private person under no disability
close harmony with the original survey lines.
holding legal title thereto.71
A 1949 U.S.G.S. survey showed the extent of most of
ORS 273.855(2) A deed executed under this section
the fill between the D.L.C. and the line by 1943 aerial
is intended only to evidence the action of the State
photography (Figure 10-3C).
of Oregon and Clatsop County in remising, releasing
and quitclaiming their rights, title or interest on the
The Astoria Quitclaim Act recipient of the deed or indicate any judgement of
ORS 273.850(1) provides for the remise, release and the State of Oregon or Clatsop County with respect
quitclaim, to Clatsop County, of all rights, title and to any other rights, title or interest that remain or be
interest . . . that may remain or be vested in the state vested in the recipient of the deed.
10-17
Other statutes relating to the settlement of title to the ORS 273.885 State prohibited from questioning certain
Astoria lands are: ORS 273.860 Filling fee; use of fees; titles. And ORS 273.890 Application of ORS 273.850
additional fee to cover costs of investigation. to 273.890 to certain lands; tax refunds prohibited.
ORS 273.865 Application for deed; investigation; (2) no ad valorem taxes paid or owing with respect
deadline on application. ORS 273.870 Notice of deed to lands described in subsection (1) of ORS 273.850 shall
application; protest; hearing; dual applications. be refunded or cancelled on the ground that the State of
ORS 273.875 Findings of board; notice; rehearing Oregon may have been the legal owner of such lands before
procedure. ORS 273.880 Judicial review procedure. January 1, 1970.
Figure 10-3
10-18
Mapping the Estuaries nies, and the various governmental agencies dealing
with riparian and littoral lands.
At this point it should be evident that great care must
be employed when mapping estuaries. As we have Situations similar to the case of the Astoria tidelands
pointed out, upland owners are not always the own- could develop in other estuaries if local, state and
ers of the abutting tidelands or oyster beds. And often federal agencies are negligent in administering the
the State of Oregon owns the tidelands adjacent to ri- riparian lands and laws. The cartographer is not
parian upland property owned by private persons. To clothed with the power to prevent such situations
complicate matters the deeds and other instruments from developing, but he does have the authority to
of conveyance are often incomplete or ambiguous; a call attention to problems as they develop. Moreover,
situation characteristic of riparian and littoral lands. the cartographer is professionally obligated to keep
This is why it is helpful to at least have a feeling for cartographic records on the lateral displacements
the legal concepts that govern most situations. (and dates) as they occur (within reason, of course).
How could the knowledge of riparian and littoral When mapping the littoral boundaries, remember:
rights have benefited the cartographer in the Astoria the division between the uplands and tidelands is the
case? The answer should be in two parts: (1) legal and
mean high water line (or the mean high tide line). NO
(2) cartographic.
OTHER TIDAL BOUNDARY WILL SUFFICE AS
(1) Legal. If the cartographers were aware of the lit- THE LITTORAL BOUNDARY BETWEEN THE UP-
toral laws that affect the Astoria tideland, it would LANDS AND TIDELANDS.
have been evident that many of the titles in Astoria
were in color only (see color of title in the glossary), The mean high water line, or mean high tide line, can
and that most appeared faulty. The Department of be obtained from National Oceanic Survey (NOS)
Justice should have been consulted for the legal charts or from official state or local governmental
guidelines. maps or charts; e.g., those distributed by the Divi-
sion of State Lands (see Figure 10-6). In some cases
(2) Cartographic. If the cartographers had been aware
the elevations could be interpolated from U.S.G.S.
of the laws, they would have understood the need
to display the original meander lines, original DLC quadrangle maps. To be accurate, however, the slope
lines, and the historic lateral positions of mean high of the tidelands must be known.
water and mean low water from every document
that at least appeared to confirm the location of
these lines. Most of the lines, however, were omit-
ted from the maps as if no problem existed.
Actually, the cartographers72 assumed the new lands
to be by accretion, thus attaching to the uplands.
Where they were aware of the filling in of submers-
ible lands, the cartographers assumed color of title
and possession to suffice. For the most part, these as-
sumptions were in error. The cartographers placed
themselves in the position of passing judgment on
the ownership of the filled Astoria submersible lands,
thus drawing criticism to the cadastral maps. If the
Department of Justice had been consulted for legal
guidelines, a great deal of criticism could have been
avoided.
Reliable information as to the lateral location of ripar-
ian boundaries could have been available at the time
of mapping (1955, 1956, ...) that is no longer available
(with each passing year we lose some valuable his-
torical data). The recording of the historic riparian
boundaries on the cadastral map has the affect of
preserving information that may be otherwise lost to
the public. Not only is this information valuable in
the map maintenance function, it will be important
to historians, courts, attorneys, title insurance compa- Figure 10-4
10-19
For areas where there are vertical, or near vertical, For example, the oblique aerial photo of the Sand
banks there will be little change in the lateral distance Lake estuary (Figure 10-5) clearly shows the sub-
between mean high tide and mean low tide (see ex- merged and submersible areas blending together as
ample of Figure 10-4). In such cases, the aerial photo tidal lands. Without knowledge of the tidal elevation
waterline could be reliable for cadastral mapping. at the time of the photography, it is impossible to de-
fine the line between the submerged and submersible
Caution will have to be used when employing aerial lands. Here, a one foot rise in the tide could amount
photos in areas where the lateral displacement be- to 50 feet (or more) laterally. We can only make four
tween mean low water and mean high water is rela- reliable assumptions:
tively great. In such cases it is doubtful that any aerial
(1) We know the exact sinuosities of the estuary
photograph (vertical or oblique) will display the stat-
channels in June of 1977. This could be safely
utory boundaries between submerged and submers-
classified as at least part of the submerged lands,
ible lands. However, often the photo will be useful
to establish the approximate boundary between the (2) We can define the uplands;
submersible lands and the Littoral uplands. (3) We can define the tidal lands; and
Figure 10-5 (See hard copy)
10-20
(4) We can define the approximate mean high water ficient periods to deprive it of vegetation (In other
line (the division between the uplands and tide- wordsthe vegetation line.)
lands).
The vegetation line is a line described in ORS 390.770.
Note: Sand Lake drains 14 square miles of timber and val- The line is described according to the Oregon Coor-
ley land. The small area yields an insignificant fresh water dinate System as defined by ORS 93.330. ORS 390.755
discharge compared to the cyclic ebb and flood of tidal wa- directs the State Highway Engineer to periodically
ters passing through the mouth. Consequently, tidal flow reexamine the line of vegetation for the purpose of
is largely responsible for Sand Lakes shape and depth. This obtaining information and material suitable for re-
estuary is one of the few remaining in a natural state.73 evaluation and redefinition to preserve private and
public rights and interest in the ocean shore.
Division of State Lands Charts Ownership of the shore between ordinary high tide
The State of Oregon is one of the major landowners and extreme low tide, and from the Oregon-Washing-
in Oregons estuaries. The State, acting through the ton State line on the north to the Oregon-California
Division of State Lands, owns all submerged lands in State line on the south, except such portions as may have
the estuaries (as none of these lands were ever con- been disposed of by the state prior to July 5, 1947, is vested
veyed by the State to private individuals). Moreover, in the State of Oregon, and is declared to be a state
the Division exercises authority over the publicly recreation area. No portion of such ocean shore shall be
owned tidelands or submersible lands which have alienated by any of the agencies of the state except as
not been alienated into private ownership. provided by law.76
As part of the administration of the State lands, the The land lying west of the statutory vegetation line
Division issues maps showing State, private, port, is exempt from taxation; however, any improvements
county, federal and city ownerships in the estuary on the land remain subject to ad valorem taxation.77
tidelands, such as the chart of the Necanicum River Therefore, private lands extending seaward of the
in Figure 10-6. vegetation line must carry a separate tax lot number
from that part lying upland of the vegetation line. This
Validating Statutes provides assurance, to the taxpayer, that the land on
the ocean shore is not being taxed. And, it reduces the
ORS 273.900 provides that the titles to all tide- chance of it being accidentally taxed in the future.
lands within this state, and all tide flats not adjacent
Note: Exempt from taxation means totally exempt
to the shore in the waters of the state, which have
from taxation. It does not require a nominal or token tax
heretofore sold to purchasers by the State of Oregon,
to retain ownership of the land.
where the purchaser has, in good faith, actually paid
to the state the purchase price, and the same has Any private improvement lying on the ocean shore is
been received by the state, and the purchaser has not taxable and should, therefore, be assigned an improve-
purchased from the state to exceed 320 acres of that ment only tax lot number.
character or class of land, are hereby confirmed to all
Example. In Figure 10-7, the James P. Smith property
such purchasers and grantees of the state, their heirs,
extends seaward of the vegetation line described in
successors or assigns, when such tide lands have not
ORS 390.770. It is, therefore, on the ocean shore and
been fraudulently obtained, and without reference to
the amount of any other character of lands purchased exempt from taxation. A separate number has been as-
by such purchaser theretofore from the state.74 (For- signed the exempt part of Smiths property (601), and
merly ORS 274.050.) his beach home has been assigned an improvement
only number (601A1); this is the taxable interest.
Note: The meander line has no significant bearing on the
The Ocean Shore ownership or tax lotting of this land.
Many private parcels of land are described to various
Oregon law defines the ocean shore as the land lying be-
points extending into and beyond the ocean shore
tween extreme low tide of the Pacific Ocean and the line of
tidelands. Although the ownership of these lands
vegetation as established and described in ORS 390.770.75
may be considered questionable, the best procedure
This definition is in harmony with the United States
is to adhere to the deed when plotting the ownership
definition: the space between the margin of the water at
boundaries on the map. The question of ownership
its lowest stage and the banks of the high water mark.
must be left to the courts.
The U.S.B.L.M. manual of surveying instructions
describes the high water mark as: the line which Ocean water lines are in a constant state of fluctuation
the water impresses on the soil by covering it for suf- (vertically and laterally); therefore, the water lines on
10-21
10-22 Figure 10-6
ORS 390.660Regulation of use of lands adjoining
ocean shore.
ORS 390.690Nothing in ORS 390.690, 390.620 to
390.660, 390.690 and 390.705 to 390.770 shall be con-
strued to relinquish, impair or limit the sovereign title or
rights of the State of Oregon in the shores of the Pacific
Ocean as the same may exist before or after July 6, 1967.
ORS 390.755Periodical reexamination of vegetation
line by Highway Engineer; recommending adjust-
ments.
Figure 10-7 ORS 390.760Exceptions from vegetation line. ORS
390.760 does not apply to any state-owned lands or to
aerial photography do not represent any meaning- headlands and other lands located at an elevation of more
ful riparian reference point. Hence, unless the water than 16 feet and seaward of a line running between the
line is along a vertical (or near vertical) cliff, as illus- following designated and numbered points (being the
trated in Figure 10-4, where there is minimum lateral traverse points defined in this statute) which are more
displacement for the different levels of the tide, the particularly described by ORS 390.770. The eleva-
water line of the photo should not be displayed on the tion mentioned in this section of the law refers to the
cadastral map. Instead, we recommend showing the U.S.C.G.S. Sea Level Datum of 1929 through the Pacific
5.7 foot elevation contour line from the Department Northwest Supplementary Adjustment of 1947.
of Transportation aerial photos of the ocean shore.
This treatment will at least provide a reference point
that is seaward of the vegetation line. Rivers
Note: The vegetation line on the Department of Transpor-
tation photos is labeled ZONE LINE. For this reason It is important to read the section of this chapter on
the vegetation line (at approximately 16 foot elevation) Navigable Waters in order to understand the reasoning
is often referred to as the Beach Zone Line. behind the cartographic specifications defined in this
section.
The appendix includes an ocean shore profile. Be sure
to label the vegetation line as recommended by the Navigable Rivers or Streams
profile.
As the section on navigable waters explains, the State
Ocean Shore Meander Line of Oregon is the owner of beds of all navigable rivers and
streams, to the mean high water mark (Except those
The subsection on meander lines and meandering lands of the Willamette River, Coos River, Coquille
pertains to tidal lands and the ocean shore as well as River and Umpqua River, between mean low water
lakes, rivers, and so forth. and mean high water as granted by the 1874 and 1876
Legislative Assembly, and the lands granted private
Miscellaneous Statutory Provisions owners by adverse possession proceeding prior to
1903. Contact the Division of State Lands for the loca-
ORS 390.620Pacific shore not to be alienated; judi- tion of these lands.) Most of the lands affected by the
cial confirmation. 1874 and 1876 laws would be those acquired under
ORS 390.630Acquisition along the ocean shore for the Donation Land Law (DLC). See footnote 23.
state recreation areas or access. Therefore, for the most part the beds of the navigable
ORS 390.635Jurisdiction of the Department of rivers and streams would be in state ownership and
Transportation over recreation areas. exempt from ad valorem taxation. Here, private ri-
parian boundaries would be the mean high water line.
ORS 390.640Permit required for improvements on
(Not the meander line unless that line, in the deed, is
ocean shore; exceptions.
specifically and unequivocably defined as the same
ORS 390.650Improvement permit procedure. meander line as surveyed by the United States Pub-
lic Land Survey. Remember, the word meander is not
ORS 390.655Standards for improvement permits.
synonymous with the term meander line; and the term
ORS 390.658Judicial review of engineers decision meander line is not always synonymous with the me-
on improvement permit application. ander line of the United States Survey.)
10-23
Left Bank and Right Bank Defined Thread of Stream Defined
Facing downstream, the bank on the left hand is There is some disagreement on the definition of the
termed the left bank, and that on the right hand is term the thread of a stream (or river). Some authorities
the right bank. These terms are universally used to define the thread of a river as the middle line between
distinguish the two banks of a river, stream, channel, the shores, irrespective of the depth of the channel, taking
bayous, and so forth. them in the natural and ordinary stage of the water at
medium heights, neither swollen by freshets or shrunk by
Mouth of River Defined droughts.82
The problem with that decision is that it does not
The mouth of any river emptying into the Pacific give the riparian owners, on each side of the river (or
Ocean, including the bay or tidal area formed by each stream), access to water at its lowest stage. Therefore,
such river, is the seaward end of the jetty or jetties of the courts usually rely on the following definition:
each such river. If no jetties exist, the extension of the
Pacific Ocean shoreline high watermark across the The thread of a river or stream is the center of the main
river, bay or tidal area is the mouth of such river.78 channel; the middle line between the shores of the main
channel at its lowest flow NOT AT THE TIME OF
In inland waters it is the point where the river emp- MEAN HIGH WATER. Thus, the thread represents a
ties into another body of water at mean low water or line which would give the owners, on each side of the
mean low tide. river or stream, access to water; whatever its stage
might be, and particularly at its lowest flow.
Nonnavigable Rivers and Streams In nonnavigable streams the riparian owners own is-
If a stream is not navigable, as navigability is deter- lands that lie in the bed of the stream between the bank
mined by the courts, the title to the bed of the stream and the thread of the stream. Unless specifically re-
is in the private ownership of the owners of lands served in an instrument of conveyance. However, if an
island slowly forms in the bed of a stream, and is split
fronting upon that stream, unless specific reserva-
by the thread of that stream, it belongs in severalty to
tions are indicated in the instrument of conveyance of
the proprietors on each side of the thread (the former
title. When different riparian owners occupy the left
thread being the division line of the ownerships).
and right banks of a stream, their ownership extends
to the middle of the stream, or the thread of the stream. Note: If a point on one side of a river is cut off form-
(Affirmed by ORS 93.310) ing, an island, the island belongs to the original owner
(assuming the change was avulsive).
The beds of nonnavigable rivers or streams are as-
sessable when the abutting uplands are assessable.
The acreage of riparian lands along nonnavigable rivers or
Meander, Meanders, Meander Line,
streams must include submerged and submersible lands to Meandering, Meander Line Traverse
the thread of the stream (if the ownership extends to the
The margin of a permanent body of water is legally
thread). IN SUCH CASES, LOT ACREAGES OF THE
termed a meander line. Technically, a survey traverse
UNITED STATES PUBLIC LAND SURVEYS MUST
of the margin of water is a meander line traverse, e.g.,
BE DISREGARDED.
the meander line traverse of the U.S. Public Land
A call to the river in a deed conveys the land to Survey. Often, the traverses are generally referred to
the thread of the river.77a Even though the thread (or as just meander lines; thus, the term meander line in
middle, or center) is not mentioned as the boundary, if deeds often appears ambiguous. However, meander
a call was made to the river, the thread of the river is lines run by the surveyor are artificial monuments and
the monument and, therefore, controls.79 River calls are they must yield to the natural monument.83
of the highest order of importance and they take prece- The general rule to be used in construing descriptions
dence over courses and distances and area recitals. containing the term meander line is: property lines should
Titles to the beds of nonnavigable rivers and streams always run to the margin of a navigable body of water (the
remain in the United States until the shore lands have mean high water line the mean low water line if the
passed to private ownership.80 The governments state has alienated its rights to the submersible lands
conveyance of title to a fractional subdivision-of-sec- and subject to rights of others in the submersible
tion, fronting upon a nonnavigable body of water, lands) unless the language of the description clearly
limits ownership to the meander line traverse.
carries ownership to the middle (thread) of the bed
in front of the basic holding (subject, however, to the Note: Probably less than 1 percent of riparian lands border-
reservations in the patent).81 ing Oregons rivers and streams will run only to the me-
10-24
ander. Most will extend to mean high water on navigable In other words the meander line traverse does not
streams, and the thread on nonnavigable streams. mark the ownership boundary; however, as the last
Most courts would probably rule in favor of the fol- three examples illustrate, the intent of the parties
lowing descriptions meaning: to the margin of a navi- govern.
gable body of water: According to the U.S. surveying regulations, all navi-
1. Thence to the river; thence up said river . . . gable bodies of water and other important rivers and lakes
are to be segregated from the public lands at mean high
2. Bounded by the river. water.86
3. Thence to the meander line of the river; thence The cartographer should be careful not to confuse the
following said meander line to a point . . . term meander line with the word meander; they are
(In example No. 3, nothing in the description says not synonymous. A meander of a stream is a line fol-
unequivocably that the meander line is the same lowing a winding, or flexuous, course of the stream;87
line as the meander located in U.S. Public Lands and the courts have held that the meander gener-
Survey or any other survey.) ally follows the middle (not always the thread) of a
stream. Hence, meanders, like meander lines, will
4. Thence running along said river.
rarely represent property boundaries.
5. Thence to the meander of the river.
The mere fact that an irregular line, or sinuous line,
All of the above would, of course, be subject to the is run (e.g., a reservation line) does not entitle it to
rights of others in and to the submersible lands. The be called a meander line unless it closely follows the
following wording might be construed as limiting course of a stream or lake. The legal riparian rights
property ownership to the original meander line of connected with meander lines do not apply to other
the U.S. Public Land Survey: irregular lines, as the latter are strict boundaries.
1. Thence to the meander line as surveyed in the
U.S. Public Land Survey (or, the U.S. Survey; or 1869 Rules for Surveying Meanders
the U.S. Rectangular Survey, etc.); thence follow-
1. Standing with the face looking down stream, the
ing said meander line . . .
bank on the left hand is termed the left bank,
(In the above example the second call is impor- and that on the right hand, the right bank. These
tant. If it would have read thence up said river terms are to be universally used to distinguish
there is an excellent chance that the ownership the two banks of a river or stream.
would extend to the margin of the navigable
2. Both banks of navigable rivers are to be meandered
stream, rather than the meander line.)
by taking the courses and distances of their sinu-
2. As bounded by the meander line of the U.S. osities, and the same are entered in the field book.
Survey . . .
At those points where either the township or
3. Except: all land lying between the meander line section lines intersect the banks of a navigable
as surveyed by the U.S. and the mean high water stream, posts, or, where necessary, mounds of earth
line (or margin of the river). or stone, are to be established at the time of run-
Of course, the above rules are rebuttable presump- ning these lines. These are called meander cor-
tions, and could be overcome by evidence to the con- ners; and in meandering, you are to commence
trary. They do point out to one very important fact at one of these corners on the township line,
about meander lines. coursing the banks, and measuring the distance
of each course from your commencing corner to
In the original surveys, the meander lines were run for the the next meander corner, upon the same or an-
purpose of defining the sinuosities of the bank or shoreline, other boundary of the same township, carefully
and for ascertaining the quantity of land remaining after noticing your intersection with all intermediate
segregation of the water area.84 Numerous decisions in meander corners. By the same method you are to
the United States Supreme Court assert those principles;
meander the opposite bank of the same river.
moreover, they confirm the principle that MEANDER
LINES ARE NOT BOUNDARIES DEFINING THE The crossing distance between the meander corners
AREA OF OWNERSHIP OF LANDS ADJACENT on same line is to be ascertained by triangulation,
TO THE WATER. The stream, or other body of water, in order that the river may be protracted with
and NOT THE MEANDER LINE as actually run on the entire accuracy. The particulars to be given in the
ground, is the boundary.85 field notes.
10-25
3. You are also to meander, in manner aforesaid, all courses of their sinuosities. Rivers not classified as
lakes and deep ponds of the area of twenty-five navigable are not meandered above the point where
acres and upward; also navigable bayous. Shal- the average right-angle width is less than 3 chains,
low ponds, readily to be drained, or likely to dry except when duly authorized.91
up, are not to be meandered.
Shallow streams and intermittent streams, without
You will notice all streams of water falling into well defined channels or banks are not meandered,
the river, lake, or bayou you are surveying, stat- even when more than 3 chains wide. Tidewater
ing the width of the same at their mouth; also streams are meandered at ordinary mean high tide as
all springs, noting the size thereof and depth, far as navigable, even when less than 3 chains wide.
and whether the water to be pure or mineral; Tidewater inlets and bayous are recorded, and are
also the head and mouth of all bayous; and all meandered if more than 3 chains in width, but when
islands, rapids and bars are to be noticed, with nonnavigable are not meandered when less than 3
intersections to their upper and lower points to chains wide.
establish their exact situation. You will also note
the elevation of the banks of rivers and streams, The meander line of an island is surveyed in har-
the heights of falls and cascades, and the length mony with the above rules.
of rapids.88 All lakes of the area of 50 acres and upwards are me-
andered.
Excerpts from 1973 Artificial lakes and reservoirs are not segregated,
U.S.B.L.M. Regulations on Meanders from the public lands, unless specifically provided in
the instructions, but the true position and extent of
Low-water mark is the point to which a river or such bodies of water are determined in the field and
other body of water recedes, under ordinary condi- shown on the plat.
tions, at its lowest stage. High-water mark is the line,
which the water impresses on the soil by covering it Other exceptions to the general rule are shallow or
for sufficient periods to deprive it of vegetation. The poorly defined lakes which are actually pools that
shore is the space between the margin of the water at collect because of permafrost and lack of drainage or
its lowest stage and the banks at high-water mark.89 which are ephemeral desert playas formed seasonally
or in wet years. These lakes should not be meandered
No meander monument should be placed in a posi-
even when larger than 50 acres.92
tion exposed to the beating of waves and the action of
ice and severe weather. In such cases a witness corner
should be established on the line at a secure point
Mapping Navigable Rivers or Streams
near the true point for the meander corner. One major problem will always exist in mapping the
In as much as it is not practicable in public-land navigable rivers (including navigable streams). That
surveys to meander in such a way as to follow and is the graphic delineation of the boundaries of the
reproduce all the minute windings of the high-water submersible lands.
line, the United States Supreme Court has given the Where the mean high water line is the boundary, the
principles governing the use and purpose of meander- mapping solution is not so difficult. Practically all in-
ing shores in its decision in a noted case as follows: land bodies of water pass through an annual cycle of
Meander lines are run in surveying fractional portions changes between the extremes of which will be found
of the public lands bordering on navigable rivers, not as the mean high water line. In regions of broken topog-
boundaries of the tract, but for the purpose of defining the raphy, especially where bodies of water are bounded
sinuosities of the banks of the stream, and as the means by sharply sloping lands (like that of Figure 10-4), the
of ascertaining the quantity of land in the fraction subject lateral distance between the margins of the various
to sale, which is to be paid for by the purchaser. In pre- water elevations is comparatively slight. In such cas-
paring the official plat from the field notes, the meander es the cartographer should experience little difficulty
line is represented as the border line of the stream; this in determining the horizontal position of mean high
shows to demonstrate that the water course, and not water level on aerial photographs.
the meander line as actually run on the land, is the
However, where the meanderable bodies of water are
boundary.90
bordered by relatively flat lands, the horizontal dis-
Navigable rivers and bayous, as well as all rivers not tance between the successive levels is relatively great.
navigable, the right-angle width of which is 3 chains The most reliable indication of the mean high water
and upwards, are meandered on both banks, at the line93 is the evidence made by the waters action at
ordinary mean high-water mark, by taking the general its various stages, which are generally marked on the
10-26
soil and usually evident on the aerial photographs. examination of the history of an island in relation to
That is, mean high water elevation is found at the the question of its legal ownership.
margin of the water for the greater portion of each
In the case of Freytag v. Vitas94 it was held that Where
average year. At this level a definite escarpment in
an island is formed in a portion of the bed of a river
the soil is generally traceable on photographs. When
which is owned by the State, title to such an island is
locating the mean high water mark on photography,
in the State. The Freytag case will show that the cited
the cartographer must be careful not to confuse the
rule is true even though the island eventually con-
mean high water mark with the (often pronounced)
nects to land belonging to another. The application of
mark on the soil that is the result of the action of a
storm or flood waters (this will, of course be above the above rule is not affected by the fact that the new
mean high water). island is situated on a portion of the bed of the river,
which was occupied by private land prior to erosion.
Another, less evident, escarpment is often found at
the average low water level (especially of lakes), the Where an island forms as an accretion to the bed of
lower escarpment being separated from mean high a navigable river, the State acquires title (not with-
water by the normal beach or shore. The only option standing the previous erosion of private land).95
open to the cartographer (where a cadastral survey Where an accretion is entirely to an island, the accre-
does not exist) when an ownership boundary extends tions belong to the owner of the island. And where
to the boundary between submerged and submers- an island, owned by a party different from that of
ible lands, is to show the ordinary mean high water the mainland, becomes attached to the mainland by
line as the boundary between the uplands and sub- accretion, the mainland owner is not entitled to the
mersible lands and the low water mark evidenced by island as an accretion to his land. In one such case,96
map or photo as the approximate boundary between Clark97 says the alluvial deposits should be divided
submerged and submersible lands. The low water between the mainland and island owners.
mark, in this case, will define only an approximate Any township boundary or section line which will in-
riparian boundary of submerged lands. At best, it will tersect an island is extended as nearly in accordance
show that submersible lands do exist. with the plan of regular surveys as conditions per-
mit (or permitted), and the usual township, section,
Islands quarter-section, and meander corners are established
on the island. If the island is large enough to be
According to the B.L.M. survey instructions, every
subdivided, the subdivision is accomplished by the
island above the mean high water elevation of any
protraction of suitable subdivision-of-section lines in
meanderable body of water is located by triangulation
their correct theoretical position.
or direct measurement, and is meandered and shown
upon the official plat (except islands formed in navi- Under special circumstances where administration
gable bodies of water, in continuous existence since the or disposal requires no subdivision, the U.S. may as-
date of the admission of the state into the Union). sign the island a tract number within the township.
In such cases, section lines are seldom extended to
Even though the United States has parted with its
the island.
title to the adjoining mainland, an island in a me-
andered body of water, navigable or nonnavigable,
in continuous existence since the date of admission Submerged Lands and
into the Union, and omitted from the original survey, New Lands of Reservoirs
remains public land of the United States; the island
therefore being subject to U.S. survey. This is because Who owns the land above the former line of ordinary
such islands were not a part of the bed of the stream at high water now inundated by construction of the
the date of statehood (1859), and therefore their title Bonneville Dam? The State of Oregon or the former
remained in the U.S., subject to survey and disposal private owner? The answer is the State of Oregon.98
when identified. Discussion: The Oregon State Highway Department
The riparian right that attaches to the lottings along planned to remove slide waste material adjacent to
the meander line of the mainland pertains only to the the Columbia River Highway and deposit it in the
submersible and submerged lands abutting the main- waters above Bonneville Dam.99 The fill would create
land, and to such islands as may form within the bed new lands over permanently submerged lands which
subsequent to the disposal of title. The proof of the prior to the construction of the dam was private
time of the formation of islands (such as those in the property contiguous to the level of ordinary high wa-
Columbia that slowly move downstream) is often ter. The determination of the present ownership of this
difficult. It is therefore important to make a careful area will establish ownership of the new lands.
10-27
There is no doubt that the State of Oregon owned the by the Menasha Dam, and that the waters thereon are an
bed of the Columbia River to the line of ordinary high extension of Poygan Lake, and hence the title to the sub-
water prior to the construction of the Bonneville Dam. merged land under the navigable waters is in the state,
and the rights of the public to enjoy this easement are cor-
It appears that prior to inundation, the private owner
respondingly extended to embrace all the navigable waters
had not expressly conveyed any interest to the State
within it.106
of Oregon although the owner did convey a flowage
easement to the United States for use of the Army Based on the foregoing, the Oregon Department of
Corps of Engineers. Ordinarily the owner of the lands Justice held that the raising of navigable waters be-
which became submerged would retain ownership to hind Bonneville Dam, that were formerly in private
such land and would be vested in any newly created ownership, is vested in the State of Oregon subject to
lands rising above the surface.100 the control of navigation by the United States. Thus,
However, in the case of navigable waters certain any new lands created by fill thereon will be owned by the
exceptions have been recognized. For example, the State of Oregon.107
use of the bed of a navigable stream is subject to
control by the federal government in the regulation
of navigation.101 (Of course, conveyance of a flow- Lakes, Marshes and
age easement does not pass fee title to the U.S. nor
would such easement alone convey any additional Swamps
rights beyond those naturally inherent in its power
to control navigation.)102 Indeed, the doctrine of the A meandered lake is, by law, a lake wholly or partially
submergence of lands beneath navigable waters has within this state that has been meandered by the U.S.
been extended to vest ownership of the submerged Public Land Survey.108
land in the state. While there are no Oregon cases in
ORS 274.430 provides that all meandered lakes are de-
point, there are two cases from another jurisdiction
clared to be navigable and public waters. The title to the
which are applicable and persuasive.
submersible and submerged lands of the meandered
In Pewaukee v. Savoy,103 the defendants contended they lakes, which are not included in the valid terms of
owned the bed of the lake above the line of the original a grant or conveyance from the state, is vested in the
water level which land had been submerged by the State of Oregon.
artificial raising of the level of the water some twenty
ORS 274.430 to 274.450 does not apply to any non-
years previously by the construction of a dam.
navigable lakes lying within the boundaries of any in-
The court found that the submergence of the former corporated drainage district in existence on January
upland resulted in the vesting of the title of the bed of 1, 1921.109
the lake in the state. The court stated:
ORS 274.430(3) Nothing in this section impairs the title
When we say that the new level of the lake has become to any upland or riparian owner to or any vested rights in
its natural level, we say that the title to all the submerged land which was added prior to May 25, 1921, by natural
lands in the present condition of things is in the State; that accretion or reliction to the lands of such upland owner.
the entire body of water is subject to the common right of
fishing and navigation and to other incidents of navigable Regardless of ORS 274.430, government surveyors
waters, and that the title to lands bordering on the lake have no power to determine navigability. The mean-
stops at precisely the same line that would govern if the dering of a lake or stream does not settle the question of
water, in a state of nature, reached to the height of its arti- its navigability, since the establishment of meander lines
ficial condition.104 by government surveyors is mainly for the purpose of de-
termining the quantity of land which is to be paid for by
The court reasoned in the Pewaukee case, supra, that the prospective purchaser.110 Thus, the Oregon Supreme
the public had a right to use the waters as any navi- Court said:
gable water and that by the continued submergence
of the land the title to the lands is vested in the state to The navigability of bodies of water is a question of fact
the same extent as that of lands constituting the original and not of law and the running of lines along the banks
natural bed of the lake. of a river, in order to ascertain the area of a subdivision of
the upland, cannot make such stream navigable when in
In the other case,105 the defendants lakefront prop-
its natural state it, is not adapted to bearing on its surface
erty was submerged as a result of construction of a
boats and vessels engaged in commerce. NAVIGABILITY
dam. The court stated:
IN LAW CAN NEVER EXIST INDEPENDENT OF
It is indisputably established that the land in the area in NAVIGABILITY IN FACT, and the fitness of a river in
question became submerged by the raising of the water its original condition for the transportation of freight and
10-28
passengers by power or sailing craft can never be settled by drained under any law shall extend to so much of the
fiat or by meandering the banks of a stream.111 submersible and submerged lands reclaimed by such
Therefore rivers and lakes are navigable in fact when drainage as is required to fill out the least fractional
they are used, or are susceptible of being used, in their subdivision or subdivisions of any section owned by such
ordinary condition, as highways for commerce over riparian owners and which is rendered fractional by the
which trade and travel are or may be conducted in the meander line of such lake; and the title of such owners
customary modes of trade and travel on the water.112 shall be so limited when the receding lake waters,
because of the drainage, uncover the submersible
Hence, the fact that a lake in Oregon was not mean- and submerged lands. Where by reason of natural
dered (as in the Tenmile Lake case)113 does not mean accretion or reliction such fractional subdivision or
it is nonnavigable. The crucial questions are (1) the subdivisions of such upland owners were filled out
susceptibility of the lake, in its natural condition, to be thereby prior to May 25, 1921, such upland owners
used as a highway of commerce, and (2) the evidence shall hold to the line of such lands as extended by the
of actual use of the lake for commercial purposes natural accretion or reliction.115
(both before and after the date of the states admis-
sion to the Union). ORS 274.440(3) Submersible and submerged lands
covered at ordinary high water at ordinarily recur-
The Oregon Department of Justice held that both ring seasons by the waters of meandered lakes, or
Tenmile Lake and North Tenmile Lake are navigable from which the waters of any such lakes have not at
bodies of water with titles to the beds (submerged ordinarily high water permanently receded, are not
and submersible lands) vested in the State of Oregon considered to be accreted or relicted lands, but the
(at least until such time there is an adjudication to the same and all accretions and relictions occurring or
contrary).114 The evidence supplied to confirm this forming over any of the lands of the State of Oregon,
position is: as provided by ORS 274.430, are the property of the
1. During the 1930s and 1940s tugboats towed log State of Oregon, and may be by it leased, sold or man-
rafts for a lumber company operating a shoreside aged in the manner provided it by law. (Amended by
mill on the lake. In addition, another sawmill was 1967 c. 421 subsection 133.)
operated about 1.5 miles north from Lakeside on ORS 274.450 grants the Division of State Lands the
the east side of the North Lake arm. That mill authority to acquire riparian rights in any upland or
used logs towed in rafts by tugboats. riparian owner on any meandered lakes.
2. There was an operative commercial fishery on ORS 274.460 provides for settlers and riparian
Tenmile Creek and on the lake until about 1926. owners preferential right to purchase land within
3. The U.S. Mail is currently delivered by boat to the meander lines.
residents on the lake. ORS 274.470 provides for settlers right to deed to
4. School boats hauled children daily during the land within meander lines; preferential right to ad-
period 1936 to 1949. ditional land; and taking by successive settlers.
5. Supply boats hauled supplies to and picked up ORS 274.480 The owners of lands riparian to Mal-
cream from farmers in a 27-foot launch operated heur and Mud Lakes, in Harney County, Oregon,
by Oscar Erickson during the 1930s and 1940s. shall be granted title to so much of the lands within
the meander lines of such lakes as is required to fill
6. During 1964 to 1967, a cruise boat 60-feet long out the least fractional subdivision or subdivisions
with a 5-foot draft plied these waters. of any section owned by such upland owners and
which is rendered fractional by the meander line of
Statutory ProvisionsLakes such lakes, in addition to the rights recognized by
ORS 274.430 to 274.460 to any natural accretion or
ORS 274.440(1) There are no vested rights in or to
reliction added to the lands of such upland owners
any future accretion or reliction to the lands of any
prior to May 24, 1923. Owners of any upland border-
upland or riparian owner on any meandered lake. No
ing upon such meander lines shall have a preferential
person shall acquire any right, title or interest in or to
right to purchase, in addition, 160 acres of such state
the submerged or submersible lands of any such lakes,
lands, chiefly valuable for agricultural purposes.
or any part thereof by reliction, accretion or otherwise,
or by reason of the lowering or drainage of the waters ORS 274.480 provides for the settlement of conflicting
of such lakes, except as provided by statute. preferential rights.
ORS 274.440(2) Upon drainage of meandered lakes, ORS 274.510(1) If the Federal Government claims title
the title of owners of land riparian to such lakes or interest in any lands referred to in ORS 274.470 or
10-29
274.480 the same shall not be conveyed or otherwise Swamp lands include marshes and intermittent ponds
disposed of, or preferential right therein accrue until which do not have effective natural drainage, par-
such claim is settled. The division may enter into such ticularly where such conditions are long continued.
agreements with the Federal Government affecting
Coastal salt marshes that are covered by the daily tide
such lands as it deems best in the interest of the public,
are not subject to U.S. Survey. On the other hand,
and make such deeds and conveyances to the United
coastal marshes that are not covered by the daily tide
States in consideration of the issuance of such patents
are swamp and overflowed lands within the meaning
by the United States to the State of Oregon of such
of the U.S. grants, and are subject to U.S. survey.
lands within the meander lines of any such lake as the
division and the Federal Government agree. Meander lines are usually not established between
the upland and the swamp and overflowed lands.
ORS 274.510(2) Nothing in this section is a recogni-
Riparian rights, which are applicable within the beds
tion of any title or interest in the United States within
of streams, tidal waters, and lakes, are not enforceable
the meander lines of any meandered lake to any lands
over the swamp and overflowed lands granted to Or-
or waters of any such lake prior to the execution and egon. The survey of meander lines at the margin of
delivery of a deed or conveyance from the State of the swamps, in the past, has been an important cause
Oregon as provided for in this section. of the omission of lands from surveys.
ORS 274.520 Any person who elects to take any U.S. Revised Code 2481 (43 U.S.C. 984) requires that
deed from the State of Oregon under ORS 274.430 to any legal subdivision, the greater part of which is wet
274.520 to any lands within the meander lines of a and unfit for cultivation, shall be included in the cat-
lake takes the same in lieu of any claim to any other egory of swamp and overflowed lands. When the greater
lands within the meander line of such lake in which part of the subdivision is not of that character, the
such deeded lands lie, and shall not thereafter main- whole of it is usually excluded; the legal subdivision
tain in any court any claim to any lands inside the referred to is the 14 14 section or comparable lot.
meander line of such lake other than to the lands con-
veyed to such person by deed from the state under The selection of swamp and overflowed lands in Or-
ORS 274.430 to 274.520 or which such person acquires egon is based upon investigation by the State and the
in good faith from a grantee or purchaser from the B.L.M. The drainage of submersible and submerged
State of Oregon under such statutes. lands and the sale of drained or reclaimed lands is
provided for by ORS 274.210.
Note: Legislation by the state cannot affect the title of
the United States.116
Lateral Changes in Bodies
Swamp and Overflowed Lands
The act of March 2, 1849 (9 Stat. 352), granted to the
of Water and Their Banks
State of Louisiana all swamp and overflowed lands
within the limits of the State for the purpose of aiding The lateral changes in the size and location of bodies
in the reclamation of said lands; the Act of September of water, caused by the forces of the natural elements,
28, 1850 (9 Stat. 519), extended the grant to other pub- create some of the most complex problems in cadas-
lic land states then in the Union. The grant was also tral cartography. For example, through the centuries
extended to the States of Minnesota and Oregon by the Willamette River has abandoned old beds, cre-
the Act of March 12, 1860 (12 Stat. 3). These various ated new beds, leaving sloughs in its wake which
swampland grants were carried over into R.S. Sec. often fill with sedimentation, leaving a dry riverbed.
These lateral displacements create conflicting claims
2479 (43 U.S.C. Sec. 982).
of ownership and constitute the crux of the riverbed
The provision of the above grants apply to the eleva- ownership problem.
tions situated below the uplands. Wherein the lands
This section will provide reliable guidance to solving
are of such character that without the construction of
many of the problems caused by avulsion, revulsion,
levees or drainage canals the areas would be wet and
accretion, reliction or dereliction, and erosion. The courts
unfit for agriculture. The grants apply to all swamp
have promulgated many excellent and equitable rules
and overflowed lands within the states which were
for solving such problems. These rules must be regard-
unappropriated at the dates of the granting acts,
edBUT NOT FOLLOWED BLINDLYand it must
and whose character at that time would bring them
be remembered that when dealing with legal opinions
within the provisions of the grant. These lands are
and judicial rulings the contrary may be shown.
not conveyed without U.S. survey, selection, or pat-
ent. They are surveyed as public lands and are subject It is, of course, impossible to present solutions to ev-
to classification at that time. ery problem relating to lateral shifts in water. When
10-30
dealing with riparian conflicts it could be said that . . .where the change is sudden and violent, the
there are as many variables as there are problems. boundary remains the same, that is, the thread of the
Whenever there is a reasonable doubtrequest a stream as it was originally surveyed.
legal opinion.
In the event the course of the stream is changed
by avulsive action, with the result that dry land is
AvulsionRevulsion formed where the stream formerly ran, the boundary
If there is any discernible difference between the of that dry land, as between riparian upland owners,
words avulsion and revulsion, it is not obvious in law is the place where the thread of the stream was lo-
books, text books, and surveying manuals. The only cated prior to its sudden change.119
key difference between the two words in Websters As noted earlier in this chapter, the beds of navigable
Dictionary117 is that avulsion is directly related to bodies of water belong to the State of Oregon. It
the sudden change in a stream, but the change in a would therefore follow that if there was an avulsive
stream is not associated with the word revulsion. Web- change in the course of a navigable stream, so that the
ster defines avulsion as:
old bed became dry land, the state would continue to
A pulling or tearing from or asunder; a rending or have title to the bed converted to dry land by avul-
forcible separation; that part which is torn away; in sion. The boundaries of the upland owners would
law, a sudden removal of soil from the land of one remain as they were prior to the avulsive change.
and its deposit or addition to the land of another by
PRINCIPLEWhen avulsive action has caused a
the violent action of water, or a sudden change in the
navigable stream to change in location, the State of
course of a stream.
Oregon claims the bed of the river as it existed before
Revulsion is defined as: A drawing, or holding back the change.
or away from; violent separation; a sudden and vio-
lent change, particularly of feeling. That principle is based on the authority of the Federal
Grant of the beds and banks of all navigable water-
The word avulsion, then, would appear to be the ways.
more appropriate of the two, and will be used for the
remainder of this chapter to describe the sudden and Note: Many of the dry navigable river beds have been
perceptible action of a stream that always results in conveyed, by the state, to private persons. Dry bed
separating an owners land, and sometimes deposits ownership can be obtained from the Division of State
it onto the land of another. Lands.
In considering the problem of avulsion, it is necessary An example of an avulsive change of a nonnavigable

to differentiate between navigable and nonnavigable stream is illustrated in Figure 10-8.
streams, for reasons that will subsequently become In this example, parcel 600 went to the thread of the
apparent. channel of the river, prior to avulsion; and parcel 700
PRINCIPLEWhere a change takes place suddenly also owned to that thread. After avulsion the bound-
and perceptibly, as where a stream from any cause aries between parcels 600 and 700 remained the same;
suddenly abandons its old and seeks a new bed, such however, the dry land of parcel 700 was separated by
a change works no change in boundaries or owner- the new channel, but the bed of the new channel
ships.118
Thus, where a change in the bed or course of a stream
is sudden and perceptible, the boundaries of land-
owners bordering on the stream remain the same as
they were prior to the sudden change. In this connec-
tion it becomes necessary to determine who would
own any land in the bed of the river as located before
the avulsion.
In this chapter we have established the fact that in the
State of Oregon, riparian upland owners take title to the
thread of a nonnavigable stream. The effect of an avul-
sion upon the boundaries of landowners having land
contiguous to a nonnavigable stream (that is, riparian
upland owners) is stated in the case of Wyckoff et al. v.
Mayfield, cited supra, at p. 690, to the following effect: Figure 10-8
10-31
remained in 700. In this situation acreage would not It was held in the case of Anderson-Tully Co. v. Wine-
change, as the boundaries did not change. man121 that movement of a river covering a period of nine
years was not avulsion.
The lines approximately at right angles to the stream
somewhat indicate how a nonnavigable stream is dis- Perceptible, in connection with avulsion, must be un-
tributed between upland owners; however, the exact derstood as perceptible in its progress, not perceptible
methods of distribution will be described later in this after a long lapse of time.
chapter.
If the old channel in Figure 10-8 was dry land after Land Gained by Accretion
the avulsion, the right and left banks of that channel
The word accretion has been defined in 56 Am. Jur.,
would be shown by dash lines rather than solid lines.
page 891, as follows:
An example of an avulsive change of a navigable
Accretion is the increase of riparian land by the gradual
stream is illustrated in Figure 10-9.
deposit, by water, of solid materials whether mud, sand, or
sediment, so as to cause that to become dry land which was
before covered by water.
One of the prime elements of accretion is that the land
formed by that process must be formed gradually and
imperceptibly.122 To this effect, the following statement
was made in the case of Kingsley v. Jacobs:123
If by gradual and imperceptible action, accretions have
been formed, each party is the owner of those attached to
the bank on his side of the stream, irrespective of where the
center or thread may have been.
Certain statutes in Oregon provide exceptions to
the foregoing rule, specifically: ORS 274.025(2),
274.440(1), under the section in this chapter on Navi-
Figure 10-9
gable Waters. Also, review ORS 274.430(2) and (3).
In the above illustration, parcel 300 went to the north It is a general principle of the law that the owner of
ordinary high water line, and parcel 900 went to the land which is actually contiguous to a body of water
south ordinary high water line of the old channel. is the owner of additions to his land made by the
After the avulsive change to the new south chan- process of accretion. However, in order that this per-
nel, the boundaries of parcels 300 and 900 remained son be considered the owner of lands so formed, it
unchanged. The State still retains the old channel must be stressed that his land must be riparian; mere
between the former lines of ordinary high water. Al- proximity to riparian land is insufficient.124 Thus, it is
though the new river location is navigable, the sub- necessary to make the determination that the owners
merged and submersible lands of the new channel land is riparian.
remain in the owner of parcel 900. Keep in mind this If the meander line of a body of water is defined to
is for avulsive river changesnot changes resulting be the extent of a parcel of land, the body of water is
from accretion. The burden of proof for claiming the defined to be the extent of that parcel of land (subject
change was avulsive is in the owner (in this case the to tidelands or other submersible lands, and subject
owner of 900). See legal reference of footnote 23. The to statutory laws), and thus the land is riparian.
term avulsion also applies to the rapid lateral change
of the thread or channel of a body of water. If, for example, the submersible land of a river is
owned by a person other than the uplands owner,
Where the waters of the sea, or a navigable river, rap- accretions to the submersible lands are vested in the
idly subsides, it is an avulsive act and the derelict land owner of the submersible lands, as he is the true ri-
is vested in the state. parian proprietor, not the uplands owner.125 (Where
State, county and city boundaries are not changed by extensive submersible lands exist, alluvium is gener-
avulsive acts. ally deposited onto the submersible lands rather than
the uplands.)
Whether a change in the course of a stream is by a
gradual or avulsive acts as a question of fact.120 And Another important rule of the doctrine of accretion is
that fact is whether or not the change was sudden that accretion in a navigable body of water can only
and perceptible (violent is not a mandatory element). be formed from the land towards the water. Should an
10-32
island form in the river, and then connect to the upland Erosion
of the body of water, the owner of the riparian upland
is not generally considered as the owner of the former Erosion is the gradual removal of soil by current, tides,
island.126 Review the subsection on islands. wind or glacial ice; specifically, by current and tides
along bodies of water. Unlike accretion, erosion can
If a body of water is entirely obliterated by accretions
be perceptible from year to year.
occurring on the banks of both sides of the water, the
line where such accretions meet would become the In general, erosion is governed by the same princi-
boundary of the upland estates.127 pals as that of accretion, and the accepted rule is that
Where the land of a riparian owner is completely erosions and accretions attach to the land on which
lost by erosion, and a nonriparian upland owner is they fall.
made riparian, latter accretions are generally vested If the bank of a navigable stream is washed away by
to the new riparian owner, even though they cross erosion, the riparian upland owner loses and the state
what had been the original boundary.128 However, for acquires title to the land submerged.132
the former riparian owner to have lost the rights to
those accretions, his land must be lost for a lapse of The State of Oregon owns land submerged by the
time that would be sufficient to destroy the original gradual advance of the sea.133
identity of his land. Where the gradual shifting of a river submerged that
The doctrine of accretions applies to the riparian up- part of the shore to which plaintiff claimed title by
lands of the land bordering on subdivisions, and it purchase from the state as tideland, the title to such
applies to lots within the subdivisions. land became revested in the state, and the plaintiff
had no dominion over the water covering such land
PRINCIPLEWhere the water line is the boundary or the fish in it.134
of a given lot, that line remains the boundary even
though it gradually shifts; and a deed describing the Where land conveyed to the University of Oregon by
lot by a number conveys the land up to such shifting the United States was partly washed away through
water line; so that in view of accretion, the water line, the process of erosion, the said grantee was divested
if named as the boundary, continues to be the bound- of title to lands below high water mark.135
ary, and a deed of the lot carries all land up to the
The title to the land of riparian upland owners on non-
water line.
navigable streams is not divested because of erosion to
That rule would apply to government lots as well as the banks of that stream; except where a change in the
subdivision lots. thread of the original stream is accompanied by accre-
tions to the opposite bank which in turn causes a shift
Accretion is a means of vesting title.129 The right to
in the thread of the nonnavigable stream.
future accretions is a vested right. The accretions to
the land are appurtenances to the land and they pass Where land is completely lost by erosion and a
to the riparian owner even though not mentioned in nonriparian upland owner is made riparian, later
a deed. accretions belong to the new riparian proprietor,
The doctrine of accretion is applicable to nations, even though they cross what had been the original
states, counties, and cities, as well as private indi- boundary.
viduals; and it applies to both navigable and non-
navigable streams.130 DerelictionReliction
Dereliction is used to denote land uncovered by the
Artificial Additions to Riparian Lands gradual and imperceptible recession of water. Relic-
Generally, additions to riparian lands caused by ar- tion is a word that denotes an increase of land caused
tificial means are not accretions. To be accretions they by the gradual and imperceptible recession of a river
must be natural as well as gradual and imperceptible. or the sea. In effect, the words are synonymous and
Such artificial additions such as dumping soil, gravel, reliction is the generally accepted term.
etc., are called new lands and filled lands in Oregon law. The rules of accretion apply, in general, to reliction.136
The law provides guidelines for new and filled lands; Where recession is gradual, title is usually vested in
specifically, ORS 274.705(1); 274.905(1), 274.920; the riparian owner; however, if submersible lands are
274.925; 274.935; and 274.960.
owned separately from riparian uplands, the sub-
Extension of an island by pumping sand by govern- mersible land proprietor would be vested in lands
ment engaged in dredging accrues to the riparian created by reliction (subject, however, to statute), not
owners as accretion.131 the upland proprietor.
10-33
The seasonal recession of water is not reliction; to be
reliction, the subsidence must be of a rather perma-
nent nature.
Reliction is imperceptible within the rule relating to
acquisition of title, when it is not discernible in its
progress, even though there has been an increase per-
ceptible year by year or at shorter intervals.
The withdrawal of water, on a nonnavigable stream,
does not affect tide; however, if title extends across
the water to the other bank, then it is affected by relic-
tion (and for that matter, it is affected by accretion to,
the opposite bank).
The doctrine of reliction does not apply to land re-
claimed by the governmental drainage in a reclama-
tion project.
Figure 10-10
Land gained by reliction can be lost by erosion or by
the return of water to its prior level.
shore lines the number of salient points becomes in-
Certain guidelines relevant to reliction are con- finite, and a mathematical solution to the problem is
tained in the Oregon Revised Statutes; specifically: impractical. But the system can be used where there
ORS 274.480, 274.260, 274.460, 274.025, 274.430, and are sharp changes in the shore, and where coordi-
274.440. nates can be analytically applied.
The angle points of the median line are first approxi-
Delineation of Riparian mated graphically on suitably controlled aerial pho-
tographs or a reliable cadastral base control map. The
Boundaries coordinates of the points are then determined ana-
lytically with values placing them truly equidistant
It is important to correctly delineate lines that rep- from the nearest salient points. The analysis treats the
resent the limits of ownership between the opposite salient points as lying on the circumference of a circle with
banks of a stream, especially in nonnavigable streams. radii extending from an angle point of the median line.
In nonnavigable waters, the common property line is
In Figure 10-10 the median line has been initiated at
usually the median line.
point P midway between salient points A and D. The
median line must pass through point P and be per-
Median Line
pendicular to the line connecting A and D.
As defined in the United Nations Convention on The coordinates of a point on the median line has
the Territorial Sea and the Contiguous Zone, held
been initiated at point P midway between salient
in Geneva in 1958 a median line is a line every point
points A and D.
of which is equidistant from the nearest points on the
baseline, but the definition may be made applicable to in- The coordinates of a point on the median line exactly
land submerged land boundaries by substituting line of between two salient points, such as point P are:
ordinary high water for baseline.137 It can therefore be
Xa + Xd
stated that the median line is a continuous line, formed by Xp =
a series of intersecting straight line segments or a combina- 2
tion of curved line and straight line segments, every point
of which is equidistant from and the nearest point on the and
opposite shores. Ya + Yd
Yp =
The simplest method of determining the median line 2
is by use of salient points.
Line segment QR represents a portion of the line ev-
Salient PointsB.L.M. Method ery point of which is equidistant from salient points
A and C, one on each opposite shore. The median
A salient point is any point on the shore that has an ef- line passes through point M midway between salient
fect on the location of the medient line. Along smooth points A and C, and is perpendicular to line AC.
10-34
Angle points on the median line occur at the intersec- Curved line segments of the median line occur when-
tion of adjacent straight line segments. At an angle ever the median line is equidistant from an angle point
point such as point R, the median line is equidistant on the meander line on one shore and a straight mean-
from three salient points, one of which must be lo- der course on the opposite shore. The meander line at
cated on the shore opposite the other two. the angle point is convex toward the median line.
The coordinates (Xo, Yo) of point R are determined
from the equations
Cadastral Procedure
Hb2(Xb Xa) Ha2(Xc Xa) The discussion on the salient point approach to locat-
Yo =
ing a median line establishes the equidistant concept
2G
upon which the median line is based. The mathemati-
cal salient point method is ideal for problem areas
and
where the median line is a point of conjecture; or
Ha2 2Yo (Yb Ya) where an exact solution has been requested, but that
Xo =
2(Xb Xa) method is time consuming and should not be used in
regular cadastral work.
in which: For general mapping purposes, the approximate lo-
G = (Yc Ya)(Xb Xa) (Yd Ya)(Xc Xa) cation of a median line can be established from aerial
Ha2 = Xb2 + Yb2 Xa2 Ya2 photography or accurate planimetric maps.
Hb2 = Xc2 + Yc2 Xa2 Ya2 By keeping the equidistant concept in mind, and
Xa = the X coordinate of point A, by careful photo or map interpretation, the cartog-
Yb = the Y coordinate of point B, etc. rapher can eyeball the approximate median line of
a nonnavigable stream. This will satisfy assessment
If the angle point is equidistant from more than three
requirements, and if located with some degree of ac-
salient points, any three points can be used in deter-
curacy, it should provide very close acreages.
mining the coordinates of the angle point. The three
points selected should form the strongest possible If the median line is included in a survey, that infor-
geometric figure; that is, most nearly from the verti- mation must be included on the cadastral map.
ces of an equilateral triangle.
Partition Lines
Definition Between Meander Lines
Where accretions have taken place, it is necessary to
When the original meander line defines the true establish the partition lines running across the ac-
shore, the points on the median line may be consid- creted lands. Partition lines must also be determined
ered as the centers of circles tangent to the meander where property boundaries extend into a nonnavi-
course on either shore or coincident with one or more gable stream.
angle points of the meander line. The resulting me- In the case of Oregon Coal and Nav. v. Anderson,138 the
dian line is made up of intersecting straight line and court ruled tide line boundaries must be extended out
curved line segments. from the shore at right angles to the shoreline or the line
Straight line segments represent those portions of the of navigable water, instead of extending the course of the
median line every point of which is equidistant from upland division lines. This principle is illustrated in
straight line segments of the two meander lines, one Figure 10-11. Right angle partition lines are repre-
on each opposite shore and more or less parallel to one sented by lines AB and CD. See 1980 annotations for
another. Straight line segments also occur under cer- procedure on sideline boundaries of tideland grants
tain conditions when the median line passes between from State of Oregon.
two meander line angle points on opposite shores. If, however, there has been established an official
Angle points occur at points of intersection between bulkhead line, harbor line, or pierhead line extended
adjacent straight line segments of the median line. At out into the river for improvements for wharfage
angle points the median line is equidistant from three purposes, etc., a few cases have apportioned the river
or more straight line segments of the two meander area by drawing partition lines (division lines) per-
pendicular to such officially prescribed lines extend-
lines, one segment which must be located on the
ing along the river.139
shore opposite the others. Median line angle points
usually occur in the vicinity of a meander line angle It is therefore evident that the mere extension of prop-
point when one shoreline is concave toward the me- erty lines, in the direction of their last course, is not
dian line and the opposite shoreline is straight. sufficient for determining partition lines.
10-35
In establishing the side, boundaries of claims of ripar-
ian proprietors to the area between the original meander
line on the north and the medial line of the Red River in
Oklahoma in accordance with the Supreme Court in the
case of Oklahoma v. Texas, lines should be run from points
representing the limits of frontage of the original claims on
the meander line to points on the medial line at distances
thereon proportionate to the lengths of frontage of the re-
spective abutting owners.
This is an adoption of the rule outlined in the case of
Johnston v. Jones.141 By that rule the new frontage along
the water boundary of an accreted area was appor-
tioned in the same ratio as the frontage along the an-
cient bank. In applying the rule, if the shore has deep
indentations or sharp projections, the general shore-
Figure 10-11 line, not the actual length, should be taken in setting
the ratio. Normal lines are extended to the median
A third alternative, as set out in the case of Montgom- line, above and below the area to be apportioned, at
points where the rivers course is straight, or nearly
ery v. Shaver,140 is to so divide the river bed (or accre-
so. The intermediate distance along the median line is
tions), between two tracts fronting the same bank,
then prorated according to the frontage.
so that each tract will have an extended frontage in
the river based on and proportionate to the length of An alternate method is to run each partition line nor-
each tracts frontage on the shore. This has been de- mal to the median line. This method awards to each
termined to be the most equitable solution. riparian lot the area immediately in front of it. Where
a winding stream course causes the normals to deflect
Instructions for surveying partition lines (which rapidly, more than one normal can sometimes be ex-
should be suitable for cadastral purposes) are found tended from a single point on the shore, or perhaps
in 50 L.D. 216 (1923), in the syllabus:
Figure 10-12
10-36
no suitable normal can be drawn. The B.L.M. suggests According to Department of Justice opinion OF 149-
that a combination of methods may then have to be V, 12-29-1955, the accretions should be distributed as
used to obtain equitable results, as illustrated in Figure follows:
10-12. For instance, normals might be drawn to the
The accretions should be apportioned to give the ripar-
median line at straight parts of the river, and the inter-
ian upland owners new river frontage proportionate
mediate parts apportioned along the median line.
to that of the older river frontage. If the shoreline is
In Figure 10-12, points were selected above and be- straight, and the new and older shore lines are about
low the bend from which normals were extended to the same length, the partition lines should be perpen-
the median line. The intervals along the median line dicular to the older shore from the points of division
were determined by proportionate measurement. In between the upland owners to the new shoreline.142
this case, the results are not as satisfactory as those
The older shoreline will seldom be straight. When
obtained by the alternate method shown in Figure 10-
it is irregular, the newer shoreline must be divided
13 where normals were extended to the median line.
among the riparian upland owners in proportion to
the old shoreline. In such cases it is advisable to ig-
Cadastral Procedures nore pronounced changes in the shoreline by follow-
Apportionment ing the general meander of the river. 143
ORS 308.245 requires the assessor of each county to Lakes

maintain a set of maps upon which are outlined the
The method of procedure for establishing partition
boundaries of each land parcel subject to separate as-
lines depends on the shape of the shoreline. The courts
sessment within the county. Therefore, the assessor
have generally held that the bed of a round lake should
is responsible for ascertaining partition lines and the
be divided among the riparian owners by ascertaining
distribution of accretions (for assessment purposes
the center point and connecting that point by straight
only). We have discussed several accepted methods
lines to the boundary corners on the shore.
for establishing partition lines between existing shore-
lines; however, this does not provide the solution for When a lake is long in comparison with the width,
distribution of upland accretions. the methods applied to streams, with converging
Figure 10-13
10-37
lines only at the ends, make the best division. In
Figure 10-14, the ends of the lake have been treated
as arcs of a circle; the remainder of the bed has been
divided by use of proportionate measurement along
the median line. In this case, normals to the me-
dian line would have resulted in the encroachment
of some lots in front of others, and two normals could
have been projected from several points as indicated
by the dashed lines.
Meandered Lakes
It has been stressed, in this chapter, that the statutory Figure 10-14
provisions will override the common law principles.
This is the case with meandered lakes in Oregon. The
statutes printed earlier in this chapter provide the By 1948, Flagstaff Lake had receded from T.35S R.25E
special laws dealing with accretions and relictions W.M., as reflected in the lottings designated by the
inside of the surveyed meander lines of Oregons U.S. survey.
navigable lakes. The cartographer must therefore ap- Many of the relicted lands of Warner, and subse-
proach the problem of the apportionment of accreted quently Anderson and Flagstaff Lakes, were retained
or relicted lake lands with caution. by the State of Oregon.
The best policy is to first make certain that the upland Many of the eastern Oregon lakes have been known to
owner is entitled to accretions. Second, he should check begin to fill up after a long period of drying up. When
to see if the partition lines have been determined by the this happens (on a permanent basis) the submerged
Division of State Lands, courts, or the B.L.M. If, after lands become the property of the State of Oregon.
extensive research, the cartographer is certain that the
uplands owner is entitled to accreted or relicted lands, The Warner Lake case would be far too complex for
and no previous partition has been determined, he may cadastral determination by the cartographer. When
proceed as instructed under the rules for apportioning future relictions occur, as in Warner Lake, the cartog-
lakes. However, it is important to always keep in mind rapher must seek a solution based upon the B.L.M.
that the cartographic solution is, at best, only one pos- survey, Division of State Land records, court rulings,
sible solutionnot the legal solution. That is always left or Department of Justice opinions.
to legal and judicial expertise.
Reliction, in eastern Oregon lakes, is more common
than accretion. Often, reliction is so great as to cause
resurvey by the B.L.M. to protract section lines, estab-
lish lottings and determine apportionment. The fol-
lowing figures illustrate the progressive reliction that
occurred in Warner Lake in Lake County, as reflected
in the U.S. surveys. The surveys are in chronological
order beginning with 1875 and ending in 1948.
Figure 10-15 is the 1875 survey that shows Warner
Lake as one lake occupying a great part of the west-
ern and northern part of T.35S R.25E W.M.
By 1887, waters had receded to the point that Warner
Lake became two major lakes, Warner and Anderson,
in addition to several smaller lakes, Mugwamp being
the larger of those lakes. A 1897 survey showed little
change from the above survey.
By 1928, the waters of Anderson Lake had receded to
the point that it became two lakes, Jones Lake and An-
derson Lake. Warner Lake is shown smaller and was
renamed Flagstaff Lake. Mugwamp Lake was lotted. Figure 10-15
10-38
change. But if the change was due to accretion, ero-
State and County sion or reliction the boundary line would change
with the river.
Boundaries 49 Am. Jur. States, Territories, and Dependencies,
Subsection 21, Changes in Channel as Affecting
The doctrines of avulsion, accretion, erosion, and Boundary, page 242, states in part as follows:
reliction, discussed in this chapter, apply to state and
county boundaries. The effect upon boundaries of a state, where such bound-
aries are fixed by the main channel of a river, by changes
If a county boundary, for example, follows the me- in that channel through processes of accretion and avul-
andering of a river, and the river makes an avulsive sion is dependent upon the gradualness or suddenness of
change, the boundary remains as it was prior to the the change. When the course of the river and its channel
Figure 10-16 (1887) Figure 10-17 (1914)
Figure 10-18 (1928) Figure 10-19 (1948)
10-39
changes gradually, the boundary follows the channel, but if water, either navigable or nonnavigable, the govern-
the river suddenly changes its course or deserts its natural ment may subdivide the lands formed by accretion or
channel, the boundary remains where it was before, that is, by reliction, since these, too, are public lands.
the middle of the altered or deserted river bed . . .
The following footnote to the foregoing appears on Accretion Prior to Entry
page 243, 49 Am. Jur. States, Territories, and Depen- Occasionally, subsequent to U.S. survey, but before
dencies, Subsection 21: entry, a large body of land has formed by accretion
The middle of the north ship channel of the Columbia between the meander line and the high water line.
River, described as the boundary between Oregon and As outlined in B.L.M. instructions, if such land had
Washington in the Act of February 14, 1859 (11 Stat at formed after entry, it would merely attach to the ri-
L383, chap 33), admitting Oregon into the Union, remains parian holdings. If the land had been in place before
the boundary, subject to the changes in it which come by the survey and at all subsequent times, it would fall
accretion, and is not moved to the other channel because the in the class of omitted land, to be treated as designated
latter, in the course of years, becomes the more important by B.L.M. instructions. But, in this, special case, the
and is properly called the main channel of the river.144 meander line is treated as the boundary line of the
grants, and patent is construed to convey only the
If counties cannot agree on the matter of the common lands within the meander line.147
boundary, it can only be resolved in a court of law;
the cartographer cannot or should not try to make the The lands accreted after survey, but before entry, are
determination. not usually surveyed as would be ordinarily accreted
lands. Instead, the regular rectangular survey is ex-
tended to the body of water (as in the Warner Lake
Miscellaneous Provisions example). The same procedure would be followed in
surveying regular accreted lands only if none of the
According to Section 7-65 of the U.S.B.L.M. Manual, riparian lots had been patented and it was desired to
of Surveying Instructions: extend the survey.
The title and rights of riparian ownership in areas below In determining what constitutes a substantial accre-
the line of mean high water of navigable bodies of water are tion, to which the rule in Madison v. Basart is appli-
governed by State law rather than Federal law.145 cable, the area of accretion should be compared quan-
titatively with the riparian lots to which it attached.
The general question of whether federal or state law Some consideration is also given to the total area
controls as to ownership of accretion was considered accreted. Accretion to a small lot might be large in
in Hughes v. State of Washington.146 The Supreme Court proportion but negligible in absolute size. From the
ruled: standpoint of size and relative size, the area in question
The question for decision is whether federal or state law can be weighted as in the case of omitted lands.
controls the ownership of land, called accretion, gradually
deposited by the ocean on adjoining upland property con- AvulsionB.L.M. Instructions
veyed by the United States prior to statehood . . .
An avulsive change cannot be assumed to have
We hold that this question is governed by Federal, not occurred without positive evidence. When no such
State, law and that under Federal law Mrs. Hughes, who showing can be made, it must be presumed that the
traces her title to a federal grant prior to statehood, is the changes have been caused by gradual erosion and
owner of these accretions . . . accretion.
This brings us to the question of what the Federal rule A study of historic documents, especially maps and
is. The State has not attempted to argue that Federal law aerial photographs, will help in determining what
gives it title to these accretions, and it seems clear to us process has taken place. As a general rule the aban-
that it could not. A long and unbroken line of decisions of doned channel is easily identifiable where an avul-
this Court establishes that the grantee of land bounded by sive action has occurred.
a body of navigable water acquires a right to any natural
and gradual accretion formed along the shore . . . Erroneously Omitted Areas
We therefore hold that petitioner is entitled to the accretion
Lands exposed by changes in water level or accreted
that has been gradually formed along her property by the
subsequent to survey are not erroneously omitted lands.
ocean.
This title is applied to lands, not shown on the plat of
It is therefore settled that wherever the U.S. retains the original U.S. survey, which were excluded from
title to the original subdivisions along a body of the survey by some gross discrepancy in the location
10-40
of a meander line. The unsurveyed land typically lies title of the State of Oregon to the beds of shallow and
between the actual bank of a lake, stream, or tidewa- dry lakes and the lands around lakes exposed to relic-
ter and the record meander line. tion or otherwise.150
In some older surveys, temporarily flooded lands, or
swamp and overflowed lands, were meandered as if Rights of Way for Railroads
they were permanent bodies of water. In a few cases, ORS 273.751 grants to all persons constructing rail-
meander lines were recorded, in the U.S. surveys, ways built after February 21, 1891, within the bound-
where no body of water ever existed in fact. In still aries of the state, and to their successors and assigns:
other instances, several lakes had been surveyed as (4) The right to construct and maintain railroad
one lake. All are treated the same way as where the bridges over any navigable waters in this state; sub-
discrepancy is a grossly erroneous position of the ject to regulations, restrictions and compensation as
record meander line. may be fixed by the Division of State Lands, and are
Marginal discrepancies between the meander lines to be constructed as not to interfere with navigation.
and the water, at the time of the survey, fall into two
classes, those that constitute erroneous omission, Confirmation of Title to Swamp and
and those that are merely technical differences. The
guidelines for determining the class of a particular
Overflow Lands
case are laid down in court and B.L.M. decisions. ORS 273.902. (1) All rights and title of the state to the
If land is to be regarded as erroneously omitted from swamp and overflowed lands claimed by persons
survey, it must first be shown affirmatively that the who have settled on these lands, or who may here-
area was land in place at the date of the original sub- after completed settlement under provision of the pre-
division of the township. Then, if the land is similar emption or homestead laws of the U.S., and have ob-
to the surveyed lands, the usual inference that the tained a patent or certificate of final proof thereafter,
official survey was correct may be set aside, and the hereby are granted and confirmed into such claimant,
conclusion may be substituted that the land should his heirs or assigns, respectively. (2) Upon application
have been covered by that survey. However, a con- of any such claimant to the Division of State Lands,
vincing showing is needed that representations of the with proof of claim evidenced by the U.S. patent or
original plat and field notes are grossly in error. final certificate of proof of settlement and payment,
issued from the U.S. Land Office, the Division shall
No proof is required to show why a meander line is in execute and deliver to such claimant a quitclaim deed
error, but only that the line as run and as represented of the States right and title to the lands so claimed.
on the plat and in the field notes is in effect grossly in See also ORS 2.73.903 (Title of certain swamp lands
error. This rule is concisely stated in John McClen- not to be questioned by the Division of State Lands;
nen:148 and prohibiting the sale of certain swamp lands).
It is not necessary to search for the source of the error. The
result is the same whether such error arose from mistake, Release of Claims Under Pre-1947
inadvertence, incompetency or fraud on the part of the men Deeds Reserving Right-of-Way
who made the former survey.
ORS 273.915. The State of Oregon hereby remises,
If the cartographer encounters a situation involving
releases and forever quitclaims unto the grantees
erroneously omitted areas that have not been brought
therein, the heirs and assigns, all rights, titles and in-
to the attention of the B.L.M., or that have not been
terest that may have remained or vested in the State of
settled by court action, the first step is to seek legal
Oregon under deeds executed prior to July 5, 1947, by
advice from the State Department of Justice. The
the State Land Board wherein there was attempted to
Department can then provide a solution that should
be reserved a . . . right-of-way for ditches, canals and
suffice until the B.L.M. or courts take action.
reservoir sites for irrigation purposes, constructed, or
which may be constructed, by authority of the U.S.
Submersible and Swamp Lands
By law, the Division of State Lands ascertains the Miscellaneous Validating Statutes
amount of land to which it is entitled under the
Refer to ORS 273.905 for information concerning the
Acts of Congress relative to submersible and swamp
confirmation of State land deed prior to 1891.
lands, and they acquire title to those lands and enter
into contracts for drainage and reclamation in order Refer to ORS 273.910 for information concerning
that the lands are available for drainage and settle- confirmation of title to State lands purchased before
ment.149 The object is to ascertain and determine the 1918.
10-41
Columbia River Gorge Scenic easement means the right to control the use of
related adjacent land, including the air space above
ORS 390.415 was enacted to maintain the scenic such land, for the purpose of protecting the scenic
splendor of the Columbia River Gorge. The descrip- view from waters within a scenic waterway; but such
tion of the boundaries of the Gorge is defined in ORS control does not affect, without the owners consent,
390.460. any regular use exercised prior to the acquisition of
the easement (1971), and the landowner retains the
Willamette Greenway right to uses of the land not specifically restricted
by the easement. ORS 271.750 does not apply to any
ORS 390.310 to 390.368 was enacted to preserve the acquisition of such a scenic easement under ORS
natural, scenic and recreational qualities of lands 390.805 to 390.925.152
along the Willamette River, and to preserve and re-
store historical sites, structures, facilities and objects The following rivers, or segments of rivers, and re-
on lands along the Willamette River. Land acquisition lated adjacent land, are designated as scenic water-
laws are contained in ORS 390.332 to 390.338.151A ways:153
1. The segment of the Rogue River extending from
Ferries the confluence with the Applegate River down-
stream a distance of approximately 88 miles to
ORS 384.105 through 384.145 deals with the opera-
Lobster Creek Bridge.
tion of ferries by the Department of Transportation;
and the construction and maintenance of approaches, 2. That segment of the Illinois River from the con-
ramps, docks, wharves and ferry slips. fluence with Deer Creek downstream approxi-
mately 46 miles to the Rogue River.
ORS 384.205 and 384.210 speaks of the operation and
maintenance of ferries by the counties. 3. That segment of the Deschutes River from im-
mediately below the existing Pelton Dam down-
ORS 384.305 to 384.365 deals with the interstate fer-
stream approximately 100 miles to the Columbia
ries operated by the Department of Transportation,
R., excluding City of Maupin as its boundaries
counties, cities, towns and ports. ORS 384.340 deals
are constituted on October 4, 1977.
specifically with eminent domain proceedings.
4. The entire Minam River from Minam Lake to the
ORS 384.405 to 384.445 contains provisions for the
Wallowa River.
Oregon-Washington interstate ferries. ORS 384.425
establishes these ferries as part of the state highway 5. The South Fork Owyhee River in Malheur Coun-
system. ty from the Oregon-Idaho border, downstream
approximately 25 miles to Three Forks; and the
Fort StevensClatsop Spit main stem of the Owyhee from Crooked Creek
(six miles below Rome) downstream 45 miles to
ORS 390.230. The right title and interest of all state the mouth of Birch Creek.
agencies, other than the state Fish and Wildlife
Commission and political subdivisions, in the lands 6. That segment of the main stem of the John Day
described in this section of the laws, are transferred River from Service Creek Bridge (at river mile
to the Department of Transportation. (See 390.230 for 157) downstream 147 miles to Turnwater Falls (at
the property description.) river mile 10).
7. That segment of the Clackamas River from the
Scenic WaterwaysScenic Easements River Mill. Dam below Estacada downstream 12
miles to the bridge at Carver.
ORS 390.803. Scenic waterway means a river or seg-
ment of river that has been designated as such in ORS 390.915. For the purpose of assessing property for tax-
accordance with ORS 390.805 to 390.925 or any subse- ation, real property that is subject to a scenic easement shall
quent act, and includes related adjacent land. be assessed on the basis of the true cash value of the property
less any reduction in value caused by the scenic easement.
Related adjacent land means all land within .25 mile
The easement shall be exempt from assessment and taxation
of the bank on each side of a river or segment of river
the same as any other property owned by the state.
within a scenic waterway, except land that, in the
Departments (of Transportation) judgment, does Assessors should review ORS 390.835 and 390.845
not affect the view from the waters within a scenic for regulations and restrictions on the real property
waterway.151 contained in the scenic waterway.
10-42
Water Rights Attorney or the Department of Justice should be con-
sulted for specific determination.
The term water rights is not synonymous with riparian We barely touched on the water laws of Oregon; they
rights. Riparian rights usually (but not always) carry are too extensive to be covered in this chapter. How-
with them the water rights; however, water rights do ever, most of the laws dealing with water resources,
not include riparian rights. The terms water rights, irrigation, drainage, flood control, the appropriation
existing water rights, vested water rights or words of of water, special municipal and county water rights,
similar import include inchoate rights to the use of distribution of water, transfer and abandonment of
water. Although water rights are appurtenant to the water rights, water districts, water companies, dams,
land, they may be sold and transferred separately hydroelectric power projects, irrigation districts,
from the land.
drainage districts, diking districts, water improve-
Water rights are real property154 and, as such, are sub- ment districts, and so forth may be found in ORS
ject to assessment.155 However, the water rights should chapters 537 through 538.
not be assessed separately, but should be assessed in
connection with the land to which they are appur-
tenant.156 References
Because water rights can be alienated separately from
the land, it is possible that the number of acres of land The principles stated in this chapter are based on
and the number of acres of water rights will not be state laws, federal laws, common law doctrines,
the same. For example, one may own five acres of Department of Justice opinions, judicial rulings and
land, but only have three acres of water rights. The information supplied by the U.S. Bureau of Land
three acres would have the water rights; and if the Management and the Division of State Lands. The
two acres of non-irrigated land (without the water key reference sources are:
rights) were sold separately, the new owner would
acquire no water rights.157 State of Oregon. Oregon Revised Statutes (1977 laws).
Water rights are appurtenant to the land, and in the Department of Revenue; property tax law abstracts
view of the courts they pass under a deed (even (1977).
though not expressly mentioned in the, deed) unless
Department of Justice; Digest of Attorney General
expressly reserved. Thus, when the land is sold, the
water rights appurtenant to the land also pass. opinions.
Oregon Legislature; Advisory Committee to the State
Ditches, Canals and Flumes Land Board. Specifically: Oregons Submerged and
Submersible Lands. A study of the ownership, history,
All ditches, canals and flumes permanently affixed to
conflicting claims of title, Legislative recommenda-
the soil, constructed under the provisions of the Act
of 1891, pages 52 to 60, Oregon Laws 1891, are declared tions (1969-1970).
to be real estate, and the same or any interest therein Supreme Court of Oregon; selected court decisions.
shall be transferred by deed only. The vendee of the
deed, or any interest therein, at any stage shall suc- United States Bureau of Land Management; Instruc-
ceed to all the rights of his vendor, and shall be sub- tions for The Survey of the Public Lands of the U.S. (1947
ject to the same liabilities during his ownership.158 and 1973 editions).
A. R. Panissidi, Oregon Division of State Lands; data
Summation on Astorias problematic tidelands and waterfront.
Division of State Lands; Oregon Estuaries, (1973).
In addition to specific laws dealing with riparian William S. Cox, Director. Prepared by Stanley F.
rights we have attempted to state some broad prin- Hamilton, P.E.; Mark E. Harbert; Ronald W. Frost,
ciples that should govern the assessment and map- Kent Searles; Dale S. Wulffenstein; Perry Lumley;
ping of riparian lands (and should be helpful when Stephen A. Moser; Jerry Dull and Gordon W. Coons,
appraising these lands). However, it sometimes hap- Engineering Technicians. Also, Ownership of Oregon
pens that specific facts and conditions may call for the Estuaries (1974).
application of specific principles of law that may be at
variance with some of the general principles stated. In the Thompson on Real Property. Published by the Bobbs-
event that such a special situation arises, the District Merrill Company; by George W. Thompson.
10-43
Suggested Reading State ex rel State Land Board v. Corvallis Sand & Gravel
Co., 283 Or 147 (1978). Discussion on avulsive chang-
es of navigable bodies of water.
The New Oregon Digest; a digest of Oregon Legal
Authorities, State and Federal. Bancroft-Whitney Shureman, Paul and Hicks, S.D., 1975. Tide and Cur-
Co., San Francisco, California, and West Publishing rent Glossary. Rockville, Md., NOAA/National Ocean
Company, St. Paul, Minn. (1961). Survey, 25p.
Black, Henry Campbell, M.A.; Blacks Law Dictionary. Riparian Rights and Bay Falls, by Harold Schuler;
Definitions of the terms and phrases of American and printed in the Journal of American Congress on Sur-
veying and Mapping, Vol XXIX, No. 1.
U.S. Department of Interior, Geological Survey and
Department of Commerce, NOAA, Coastal Mapping Survey of Riparian Land, by Wm. Finefield, Journal of
Handbook. Superintendent of Documents, U.S. Govern- American Congress on Surveying & Mapping, Vol
ment Printing Office, Wash. D.C. 20402. Stock number XXIX No. 2.
024-001-03046-2. Library of Congress cat. - card no. 78- Limits of Riparian Ownership, by Wm. K. Finefield;
600000. printed in the proceedings of the 1973 Fall Conven-
English Jurisprudence, Ancient and Modern. West tion of the American Congress on Surveying & Map-
Publishing Co., St. Paul, Minn. Revised Fourth Edi- ping (ACSM).
tion (1968).
Mapping Tideland Patents in California, by Roy H. Min-
Brown, Curtis M.; Boundary Control and Legal Prin- nick; printed in the 1976 proceedings of the ACSM
ciples, John Wiley & Sons, Inc., New York. Second Fall Convention.
Edition (1969).
Coastal Zone Management and the Multi-purpose Cadas-
Moynihan, Cornelius J.; Introduction to the Law of Real tre Concept, by Earl Epstein, 1976 ACSM proceedings.
Property. West Publishing Co., St. Paul, Minn. 55102
Survey Procedures for Determining Mean High Water,
(1962).
by Jack E. Guth, President of Coast Survey, Ltd.; 1976
Clark, Frank Emerson; Clark on Surveying and Bound- proceedings of the Fall ACSM convention (the MHW
aries. The Bobbs-Merrill Company, Indianapolis. Sec- is the most common line for state v. private ownership.)
ond Edition (1939).
The Use and Legal Significance of Mean High Water in
Skelton, Ray Hamilton, C.E.; Skeltons Boundaries and Coastal Mapping, by F.E. Maloney and R.C. Ausness.
Adjacent Properties. The Bobbs-Merrill Co., Indianapo- The North Carolina Law Review, v 53, no. 2, p185 to
lis (1930). 273.
Gaston, Joseph; The Centennial History of Oregon. S. J. Wetland Boundaries, by P.T. OHargan; Proceedings of
Clark Publishing Co. (1912). the Fall 1973 ACSM convention.
Committee on Interior and Insular Affairs; The Dispo- Marine and Coastal Zone Boundaries, A Developing Legal
sition of the Public Domain in Oregon (1960). Regime, by E.D. Evans; 1976 ACSM convention.
Hoerauf, Eugene A.; Willamette River; River Lands Oregons Statewide Assessment of Nonpoint & Source
and Boundaries. Water Resources Research Institute, Problems, Oregon DEQ report on (1) the introduc-
Oregon State University, 1970. tion of materials from diffuse sources of runoff into
Wick, William Q.; Crisis in Oregon Estuaries. Oregon streams, lakes, reservoirs or estuaries; (2) the physical
State University Marine Advisory Program (1969). alteration of stream corridor or banks and adjacent
areas of any water body; and (3) reduction in stream
Digest of Public Land Laws; by the Public Land Law Re- flow, due to consumptive use, which causes an inter-
view Commission; Shepards Citations, Inc. - publisher. ference with other beneficial uses. August 1978.
History of Public Land Law Development by Public Coos Bay and Coquille Estuary Planning Status Report,
Land Law Review Commission-Paul W. Gates and Coos - Curry Council of Governments (April 7, 1980)
R. W. Swenson. Superintendent of Documents, U.S.
P.O. Box 647, North Bend, 97459.
Government Printing Office. Library of Congress Cat.
No. 68-62999. Gould on Waters, third ed. subsection 42 on Navigable
Waters Where the Tide Ebbs and Flows
Cleveland Rockwell Scientist- Artist 1837-1907. By
Franz Stenzel, M.D.; 1972. Oregon Historical Society Handbook of the Law of Real Property, by William E.
publication. Many good references to surveys of Co- Burby; West Publishing Co., St. Paul, Minn. (1965).
lumbia River. See Chapter 6 on water rights.
10-44
An Inventory of Filled Lands in the Coos Bay Estuary, 3. All lines of the survey bounding any tract of tide
(1973) Advisory Committee to the State Land Board. land applied for except the meander lines of high
Meandered Lakes of Oregon, Advisory committee to the and low water mark shall be East and West and
State Land Board. An extensive report that includes North and South.
the location and size of each lake; when meandering The Division of State Lands is of the opinion the
was completed; name of the government or private above rules are still in effect.
surveyor; location of the surveyors notes in the
public survey volumes in the BLM office; pertinent The rule for apportioning tidelands outlined by the
comments by the surveyor. The lakes are geographi- court in Oregon Coal and Nav. v. Anderson (illustrated
cally divided into basins (except for Warner and in figure 10-11. See footnote 138 on page 289) must
Sauvies Island lakes). The report includes the lakes give way to rule 3 (above) when establishing the
location relative to nearby towns and highways. For boundaries of tideland tracts conveyed by the State.
example, Devils Lake in the mid-coast basins lo- This is illustrated in figure 10-20. Here E. Cook pur-
cated in T.7S.R.11W.W.M. This lake covers 629 acres. chased, from the State of Oregon, the tidelands abut-
It is located just east of Lincoln City and Highway ting and fronting lots 2, 3 and 4 of section 12. The side
101. The northern part of the lake was meandered by boundary lines of the tidelands are established by
Meldrum in 1872 (contract 166, Vol. 112, page 557- using rule 3, i.e. by extending the North line of lot 2
561). The area covered by the remainder of the lake East to the line of mean low water, and by extend-
was first surveyed in 1901 by Derrick. The remainder ing the West line of lot 4 South to mean low water.
of the lake was meandered at this time (contract 738,
Vol. 456, page 453-8). Copies of this report available To apportion lands within the tidelands of figure
from Robert Mead, Department of Revenue. 10-20, the method cited in Oregon Coal & Nav. v.
Anderson must be used. That is, tide line boundar-
The Mystic of Water Boundaries, by A.R. Panissidi, ies must be extended out from shore at right angles
1970. Division of State Lands. to the shoreline or the line of navigable angles to the
General Laws of Oregon, 1943-1872. Matthew P. Deady shoreline or the line of navigable water, instead of
and Lafayette Lane. extending the course of the upland division lines. If
Cook sold the tidelands fronting and abutting lot 3 of
Shore and Sea Boundaries, by Shalowitz, Aaron L. U.S.
section 12, the boundaries of the tidelands would ex-
Dept. of Commerce, U.S.C. & G.S. (1960) Pub. 10-1,
tend from points A and B (figure 10-20) at right angles
1962, U.S. Government Printing Office, Wash. D.C.
to the shoreline as indicated by the arrows. See figure
10-11, page 289.
1980 Annotations
The following are the rules governing the sale of all
tidelands by the State as established in the April 4, 1881
minutes of the State Board of Land Commissioners:
1. No application will be entertained or considered
for the purchase of tide lands fronting or abutting
upon tidelands over which the U.S. survey have
not been extended.
2. An application to purchase any of the tide land
in front of any smallest legal subdivision must
include all the tide land fronting or abutting said
smallest legal subdivision which may be unsold
at the date of application. No application for the
purchase of a part only of the tide land in front of
any smallest legal subdivision will be entertained
or considered except it be for tidelands lying in
front of any regularly an legally liaid (sic) out
town or city in which case the land applied for
shall conform to the survey of the lots and blocks
of said town or city. Figure 10-20
10-45
WHAT ARE TIDELANDS? The mapping of Coos Bay held that the average of the medium tides in each
generated controversy over the use of mean high wa- quarter of a lunar revolution during the year fixed
ter (or mean high tide) and mean low water (or mean the limit of the shore. They found the same reason
low tide) as the boundaries of the tidelands. One ar- excluding the highest high tides of the month also
gument against the use of the mean water levels was excluded the lowest high tides (the neap tides).
that only the U.S. Government could designate the
tidal levels to be used for tideland boundaries. The conclusions of the English case, and subsequent-
ly the Borax case, set a precedence for using mean
In Mann v. Tacoma Land Co., 153 U.S. 273,284, the low tide as the boundary between submerged lands
court said that tidal lands do not come under jurisdic- and tidelands.
tion of the U.S. The fact is, Oregon was vested with
full control over its tidal lands upon admission into The use of the word ordinary to define the mean
the Union. In other words, all tidal lands not sold by tides (or mean water levels) is an outgrowth of
the U.S. prior to statehood became the property of the English Common Law and the employment of the
State of Oregon. Hinman v. Warren, (1877) 6 Or 408, word in court cases dealing with littoral lands of the
411; Hogg v. Davis, (1892) 22 Or 428; Astoria Exchange Atlantic shore of the United States. The tides on the
Co. v. Shively, (1895) 27 Or 104, 39 P398, 40 p92; Cor- Atlantic shore are composed of two nearly equal high
vallis & Eastern R. Co. v. Benson; (1912) 61 Or 359 121 waters and two nearly equal low waters; so alike they
p418; Shively v. Welch, (1884) 20 Fed 28. were, at one time, considered one (ordinary) high tide
and one (ordinary) low tide. The Pacific shore, on the
Land between ordinary high and ordinary low wa- other hand, has tides similar to the semidiurnal tides
ter mark, along a tidal stream, belongs to the State of the Atlantic, except there is a marked difference
of Oregon. Muckle v. Good, (1904) 45 Or 230, 77 p743; in the height of the two high tides and the two low
Guilliams v. Baker Lake Club, 90 Or 13, 175 Pac. 437, 28 tides. They are not ordinary, and any reference to
Arizona L. Review 267. just high tide or low tide is meaningless. Ordinary
Affirmation of the mean of the tides as correct bound- in Oregon riparian law is specifically designated in
ary) U.S v. State of Washington, 9 Cir 1961, 294 F. 2d reference to the lines where the water ordinarily rises
830. or ordinarily recedes annually in season, i.e. the mean
tide levels.
The Oregon Legislature choose the mean of the high
and the mean of the low waters as the boundaries of In Andrus v. Knott, 1855 12 Or 501, 8 p763, the court
tidelands; citing the case of Borax Consolidated, Ltd. et ruled the term tidelands applied to the lands cov-
al v. Los Angeles, U.S. 10 80 L ed 9 56 Sup. Ct. 23. The ered and uncovered by the ordinary tides, which
word ordinary was used in the statutes instead the state owned by virtue of its sovereignty, and cor-
of mean because this was the terminology of the responds with the shore or beach which, at common
court in the Borax case. The definition of ordinary law, is the land lying between ordinary high and
high water, supplied by the court, is the definition of ordinary low water. Tideland must be such land as
mean high water. That is, ordinary high water is the is alternately covered and left dry by the flux and
line marked by the average height of all high waters reflux of the tides. Land adjacent to navigable wa-
over a considerable period of time, i.e. the Metonic ters, where the tide flows and reflows, come within
Cycle. Knight v. U.S. Land Assn., 142 U.S. 161. that description; however, it does not apply to lands
The Supreme Court, in the Borax case, affirmed the which are covered by water three-fourths of the year.
methodology of the U.S. Coast and Geodetic Survey See McConnaughy v. Wiley, (1888) 13 Sawy 148, 33 Fed
(now the National Ocean Survey, NOA) for mak- 449 and Strasbaugh v. Babler Bros. Inc., (1960) 220 Or
ing mean high water determinations. The ruling is 35, 348 P2d 448.
known as the Law of Mean High Water Boundar- A sandbar not uncovered by the mean lower low wa-
ies. This law confirms the ordinary high water ter, but sometimes exposed when the tide falls below
mark as the proper boundary between uplands and zero line, because of strong winds or abnormal baro-
tidelands. The court rejected the concept of establish- metric conditions, are not tidelands. Van Dusen Inv.
ing the boundary by neap tides or spring tides and Co. v. Western Fishing Co., (1912) 63 Or 7, 124 p677,
vegetation analysis. 126 p604. A sandbar several miles from the shore,
The court, in the Borax case, based its conclusions on exposed only at low tide and covered by the water at
the English case of Attorney General v. Chambers, 4 De high tide, is not tideland. Elliott v. Stewart, (1887) 15
G.M. & G. 206 (43 Eng. Rep. 486, Ch 1854). In that Or 259, 14 p416. In Katz v. Patterson, (1931) 135 Or 449,
case the judges rejected spring tides and the nepe 296 p54, the court held that evidence showed that a
(sic) tides because they fluctuated over lands that sandbar (separated from the shore by water) was not
were, for the most part, dry and maniorable. It was an accretion to tideland, but constituted a separate
10-46
island formed on the bed of the Columbia River, and 331, affirming Bowlby v. Shively, (1892) 22 Or 410, 30
was property of the State of Oregon. p154. The State of Oregon is the owner of its tidelands
and has the right to dispose of them and convey pri-
Accretions to a river island, which although covered
vate interests therein, except such as the state saw fit to
by water to a depth of four to six feet for a large part
give the adjacent owners and to acknowledge in them
of the day, lay between low and high tide in the river
and their grantees when they had dealt with such
could reasonably be inferred to be tidelands within
tidelands as private property (by grant) subject to the
the meaning of ORS 274.010 (now ORS 274.885). Tay-
paramount right of navigation secured by the public.
lor Sands Fishing Co. v. State Land Board, (1910) 56 Or
157, 108 p126. The grantee of tide flats, constituting In the title of the state to tidelands there were two
a tideland island, is entitled to the accretion lodging elements, the jus privatum (the private right) and the
thereon, though the island as originally granted has jus publicum (the public right). Like any other own-
moved, so none of it remains in its location at the time ers, the state had the right to transfer its tidelands as
of the grant (Note: this is common to many Columbia far as the jus privatum was concerned, but subject to
River tideland islands). Van Dusen Inv. Co. v. W Fish- the jus publicum which could never be granted and
ing Co., (1912) 63 Or 7, 124 p677, 126 p604. which the state prevented any use of them which
would materially interfere with navigation or com-
ORS 93.310(5) provides When tidewater is the
merce on the bordering waters. Corvallis & Eastern R.
boundary the rights of the grantor to low water mark
R. Co. v. Benson, (1912) 61 Or 359, 121 p418.
are included in the conveyance, and also the right of
this state between high and low watermark. The Regarding ORS 273.265, the state had the right to sell
statute is the fifth rule, of ORS 03.310, for construing and convey tidelands to anyone, free of any right
a description when the construction of that descrip- in the proprietor of the upland, and subject to the
tion is doubtful, and there are no other sufficient paramount right of navigation inherent in the public.
circumstances to determine it. This subsection of the Parker v. Taylor (1879) 7 Or 436, 446; Shively v. Bowlby.
statute is ambiguous because high watermark and low Pursuant to its power to control and dispose of its
watermark are meaningless terms. The statute must be tidelands, the state provided for their disposition by
interpreted together with the statutes that define the passage of 1872 p129 amended (1874) p76. Shively v.
limits of tidelands. Moreover, 93.310(5) is not a grant Welch, (1884) 20 Fed. 28.
on the part of the State of Oregon. That is, to be owned
When the shore to which one had title to the tidebed,
by private persons, the title to tidelands must descend
by deed from the state, becomes submerged by the
from the state. See Astoria Exch. Co. v. Shively, (1895)
gradual shifting of the river, he loses title thereto and
27 Or 104, 109, 39 p398, 40 p92; and McAdam v. Smith,
it becomes revested in the state. Wilson v. Shively,
(1960) 221 Or 48, 350 P2d 698; Robinson v. Laurer, (1895)
(1884) 11 Or 215,4 p324; Hume v. Rogue River Packing
27 Or 315, 40 p1012; Christenson v. Simmons, (1905) 47
Co., (1908) 51 Or 237, 83 p391, 92 p1065, 96 p865, 131
Or 184, 82 p805; Cawfield v. Smyth, (1914) 69 Or 41, 138
Am St. Rep 732, 31 LRA (NS) 396.
p227; Oregon Home Builders v. Eisman, (1918) 88 Or
611, 172 p114; McBee v. Sch. Dist. 48, (1939) 163 Or 121, In English Common Law the king (or sovereignty)
69 P2d 207; Attorney General opinion 1948-50, p193. held the tidelands. Upon conclusion of the Revolution-
Moreover, this statute grants no rights to a grantee that ary War in the U.S., the 13 colonies, as sovereign states,
were not the rights of the grantor. For example, the acquired the tidelands. In 1789, when the new Federal
tidelands abutting lot 1 of a certain section were never Government was created, the states were careful to
patented or granted by the state; however, at some not grant the tidelands to the U.S. Government. New
time in the history of the title to lot 1, the tidelands states admitted to the Union held title to the tidelands
were added to a deed description. This was probably in the same manner as the 13 original states. See equal
done under an assumption that the tidelands ran footing doctrine in these annotations.
with the uplands, or possibly under an assumption
See Attorney General opinions: 1924 p50 (state title to
that they were acquired through adverse possession.
tidelands of the Columbia R.), 1924-26 p244 (authority
The tidelands were included on all of the subsequent
of the State Land Board to sell tidelands in the Rogue
conveyances to present. The fact that the later deeds
River), 1930-32, p42 (ownership of lands between the
described the tidelands (or even imply ownership of
ordinary high water mark and low water mark on the
the tidelands as in ORS 93.310) does not make it so. If
Oregon side of the Columbia River), 1946-48, p102 (the
the state did not grant the lands, they remain the prop-
authority of the State Land Board to sell natural oyster
erty of the state.
bed land owned by the state), 1950-52, p274 (the power
RIGHTS OF THE STATE TO ITS TIDELANDS. The of the State Land Board to convey tide and overflow
rights of the State of Oregon to its tidelands was af- lands to other government agencies), 1950-52, p406
firmed in Shively v. Bowlby, (1893) 152 U.S. 1, 38 L Ed (regarding the ownership of tide and overflowed
10-47
lands of the Millicoma River as affected by 1876 p.70), the states. Pacific Elevator Co. v. Portland, (1913) 65 Or
1960-62, p104 (State Land Boards authority to grant 349, 133 P72, 46 LRA (NS) 363.
an easement or permit to tide and overflowed lands),
Regarding ORS 93.310. A grant describing the land
1962-64, p64 (an easement for an airport over tidelands
as extending to the banks of a non-navigable stream
or submerged lands).
or lake, thence with its meanders, conveys title to the
OCEAN SHORE (ORS 390.640). The public, by cus- center of the stream or lake. Michelli v. Andrus, (1912)
tom, has a right superior to the right of the owner of 61 Or 78, 120 p737; Luscher v. Reynolds, (1936) 153 Or
record, to use the dry sand area of the beach, State ex 625, 56 P2d 1158; Kingsley v. Jacobs, (1944) 174 Or 514,
rel Thornton v. Hay, (1969) 254 Or 584, 462 P2d 671. 149 P2d 950. Where a party conveys a parcel of land
bounded by water, although it lies in shallow water
LAKES. Regarding ORS 274.010. The title of meander
and is intended to be reclaimed by filling, it will never
land on the shore of a navigable lake purchased from
be presumed that he reserves to himself proprietary
the State of Oregon is subject to the right of the ripar- rights in front of the land conveyed. Rasmussen v.
ians to access. Darling v. Christensen, (1941) 166 Or 17, Walker Whse. Co., (1913) 68 Or 316, 136 p661. Since the
109 P2d 585. Distinguished in McCarthy v. Coos Head bed of a navigable stream constitutes a separate tract
Timber Co., (1956) 208 Or 371, 302 P2d 238. of land, the conveyance to the bank of the river by
Regarding ORS 274.440. In case of the drainage of a a party owning to the low watermark is resumed to
navigable lake, the riparian owners have the right to convey only to the (mean) high water mark. Richards
fill out the least fractional subdivision or subdivi- v. Page Inv. Co., (1924) 112 Or 507, 228 P937.
sions of any section owned by such riparian owners The fact that a man-made condition has caused a
and which is rendered fractional by the meander line non-navigable stream to be navigable does not mean
of such lake or lakes. It follows that such an owner that public rights attach to the bed. Haase v. Kingston
is not liable for breach of warranty when the strip Co-op. Creamery Association, (1932) 212 Wis 585, 250
of land uncovered as a result of the drainage would N.W. 444.
not fill out the subdivision rendered fractional by the
meander of the lake; and where in consequence the See Minnesota Law Review, (24) 305, 306 (1940) on title,
title to such land was vested in him at the time of ex- points and lines in lakes and streams.
ecution of his deed. Luscher v. Reynolds, (1936) 153 Or The term navigable waters connotes a use of a
625, 56 P2d 1158. commercial nature. Home Real Estate Loan & Ins. Co. v.
See Attorney General opinions: 1924-26, p213 (au- Parmele, (1938) 214 N.C. 63, 197 S.E. 714, 717.
thority of the State Land Board to sell an unsurveyed Willamette Greenway and States rights, and naviga-
lake bed); 1938-40, p.405 (control by Game Commis- tion of the Coast Fork of the Willamette River. Dept. of
sion over Eel Lake); 1942-44, p.50 (leasing the bed of Justice opinion 7729, 3-9-1979.
a lake, which has been drained for agricultural pur-
poses, to a private party). The shore is not subject to adverse possession. People
v. Kerber (1908) 152 Cal. 731, 93
A certain inland lake, one mile long & one-eighth
mile wide is not navigable. Luscher v. Reynolds, (1936) Patented lands along a non-navigable stream are not
153 Or 625, 56 P2d 1158. marked or confined by a meander line. Nordale v.
Waxberg, 84 Fed. Supp. 1004; State v. Brace, 76 N. Dak.
RIVERS. Use for commerce or capability of use for 314, 36 N.W. (2d) 330.
commerce as the test for navigability. U.S. v. Appala-
chian Electric Power Co., (1940) 311 U.S. 377, 61 S. Ct See Attorney General opinions: 1934-36, p.200 (own-
291, 85 L ed. 243. ership of an island in the Willamette River, and the
right of the State Land Board to lease the island);
Lands below the high water mark of a navigable river 1946-48, p.256 (the ownership of the river bed lands
belongs to the state. Shively v. Bowlby, affirming Bowl- in the Willamette River in Lane County); 1952-54
by v. Shively, (1892) 22 Or 410, 30 p154; State v. McVey, p.167 (the effect of dredging on the title of riparian
(1942) 168 Or 337, 121 P2d 461, 126 P2d 181. (Except owners); 1960-62, p.452 (the ownership and regula-
the lands sold by the state as authorized by the 1874 tion of water and land in a port district).
and 1876 Legislature.)
EQUAL FOOTING DOCTRINE. The equal footing
The State of Oregon, upon its admission to the Union, doctrine is a constitutional doctrine which holds that
became the owner of the bed and banks of the Wil- a new state, upon admission to the Union, has exactly
lamette River up to the line of ordinary high water, the same sovereignty as the original thirteen states.
subject only to the paramount right of navigation and In U.S. v. Texas, 339 U.S. 707, 716 70 S Ct 918, 94 L Ed
the right of Congress to regulate commerce between 1221 (1949), Mr. Justice Douglas explained the equal
10-48
footing concept in the context of state ownership of 3. U. S. v. Oregon, 295 U. S. 1 (1954).
the beds of navigable waters. 4. Martin v. Waddell, 41 U. S. (16 Pct.) 367, 410-411 (1842).
The question early arose in controversies between 5. Bowlby v. Shively, 22 Or. 410, 30 P. 154 (1892); Port of
the Federal Government and the states as to the own- Portland v. Reeder, 203 Or. 369, 280 P.2d 324 (1955). Cor-
ership of the shores of navigable waters and the soils vallis Sand & Gravel Co. v. State Land Board 244 Or. 184,
under them. It was consistently held that to deny to 439 P.2d 515 (1967).
the states, admitted subsequent to the formation of
6. See footnote 5; also Columbia River Fishermans Protec-
the Union, ownership of this property would deny
tive Union v. City of St. Helens, 160 Ore. 654, 87 P.2d 195
then admission on an equal footing with the original
(1939).
states, since the original states did not grant these
properties to the United States but reserved them to 7. The Public Trust Doctrine in Oregon by Paul J. Speck, spe-
themselves. See Pollards Lessee v. Hagan, (U.S.) 3 How cial research, assist. to the 6970 Legislative Assembly
212, 228, 229, 11 L ed 565, 573, 574; Mumford v. Wardell, Committee to the Oregon State Land Board. Contained
(U.S.) 6 Wall 423, 436, 18 L ed 756, 761; Weber v. State in Committee report to 56th Legislative Assembly.
Harbor Comrs., (U.S.) 18 Wall 57, 65, 66, 21 L ed 798, 8. In re. West 205th Street, 240 N.Y. 68, 147 N.E. 361;
801, 802; Knight v. United Land Assoc, 142 U.S. 161, 183, Thompsons on Real Property section 3078.
35 L ed 974, 981, 12 S Ct 258; Shively v. Bowlby, 152
9. Hanson v. Thornton, 91 Ore. 585, 591, 179 P 494 (1919).
U.S. 1, 26, 38 L ed 331, 341, 14 S Ct 548; United States
v. Mission Rock Co., 189 U.S. 391, 404, 47 L ed 865, 869 10. ORS 307.010(1).
23 S Ct 606. 11. Dept. of Justice LSV-1150.
Justice Douglas, continuing, noted that the theory of 12. Fitzstephens v. Watson, 218 Ore., 185, 202, 344 p2d 221
these decisions was aptly summarized by Mr. Justice (1959).
Stone in United States v. Oregon, 295 US 1, 14, 54 S Ct
610, 79 L Ed 1267 (1934), as follows: 13. Dept. of Justice LSV-1150.
14. Uplands are all lands not classified as submersible, sub-
Dominion over navigable waters and property in
merged, marshland or swamp; the lands considered as
the soil under them are so identified with the sov-
not part of any body of water.
ereign power of government that a presumption
against their separation from sovereignty must be I5. State Land Board v. Sause et al, 217 Or. 52, 342 P2d 803
indulged in construing either grants by the sover- (1959).
eign of the lands to be held in private ownership or
16. Smith Tug and Barge Co. v. Columbia Pacific Towing
transfer of sovereignty itself. See Massachusetts v. New
York, 271 U.S. 65, 89. For that reason, upon admission Corp., supra, 443 P2d 205, 86 Adv.Sh 913 (1968).
of a state to the Union, the title of the united States 17. Subject to Federal, State and local laws.
to lands underlying navigable waters within the
states passes to it, as incident to the transfer to the 18. Smith Tug and Barge Co. v. Columbia Pacific Towing
state of local sovereignty, and is subject only to the Corp. See footnote 16.
paramount power of the United States to control such 19. U.S.R.S. section 2476.
waters for purposes of navigation in interstate and
foreign commerce, Arthur Johnson v. Dept. of Revenue, 20. U.S. Code, Sections 530, 531, 532.
(1981) Oregon Tax Court opinion no. 1334, p5, 6, 7. 21. Section 512, U.S.B.L.M. regulations.
See also Shively v. Bowlby, 152 US 1, 14 S Ct 548, 38 L
Ed 331 (1894). The most recent statement in Oregon 22. U.S. v. Oregon, 295 U.S. 1 (1935); and Section 512,
respecting this doctrine is found in State Land Board v. Chapter 7 of the U.S.B.L.M. regulations. (Unless
Corvallis Sand & Gravel Co., supra, overruling Bonelli the beds of the bodies of water were expressly
Cattle Co. v. Arizona, 414 U.S. 313, 94 S Ct 517, 38 L Ed reserved in the U.S. patent.)
2d 526(1973)
23. ORS 274.025(1). (Except for the submerged and
submersible sections of navigable streams cre-
Endnotes ated by avulsion prior to 1967 (State ex rel State
Land Board v. Corvallis Sand & Gravel Co., 283 Or
147, 1978).)
1. Oregons Submerged and Submersible Lands. (Aided
through a Federal grant from the Water Research Act 24. The Daniel Ball, 77 U.S. 557, 19 L. ed.
of 1964.)
25. U.S. v. Holt State Bank, 270 U.S. 49 (1926).
2. Winston Bros. v. State Tax Commission (1957) 156 Or. 505,
62 P.2d 7. 26. Department of Justice, No. 7311, 1976.
10-49
27. Article VIII, subsection 5(2), Oregon Constitu- 56. ORS 509.500.
tion; ORS 273.031, 273.041 and ORS Chapter 274.
57. ORS 511.625 (amended 1969).
28. Department of Justice, No. 7311, 1976.
58. ORS 511.640 (amended 1969).
29. Admin. Order LB 41, 12-14-76.
59. ORS 777.105 (amended 1971).
30. See footnote 24.
60. Smith Tug & Barge Co. v. Columbia Pacific Towing
31. U.S.B.L.M. Manual of Surveying Instructions, 1973 Corp., 443 P2d. 86 Or.
Edition, Sec 3-115.
61. Bowlby v. Shively, 22 Or. 410, 30 P 154 (18922). See
32. Ibid. also Shively v. Bowlby, 152 U.S. 1 (1893).
33. Oregons Submerged and Submersible Lands. 1969 62. Shively v. Bowlby, 152 U.S. 1 (1893). (See footnote
70 Advisory Committee to the State Land Board. 61.)
Out of print.
63. Ibid.
34. Thompson on Real Property, Section 3074, page 702,
64. HB 67, Feb. 18, 1891. 1891 Special laws p. 594.
volume 6 of the 1962 replacement to the Perma-
nent Edition. 65. Later to become the S.P. and S railroad line.
35. ORS 272.020. 66. A. P. Panissidi, Division of State Lands. Much of
the data of this subsection was based on informa-
36. ORS 274.005(7) (amended in 1961).
tion supplied by Mr. Panissidi.
37. ORS 274.005(8) (amended in 1961).
67. B.L.M. plat of the original U.S. survey of the pub-
38. ORS 274.060(2) (amended in 1967). lic lands.
39. ORS 274.060(1) (amended in 1967). 68. Finn Town, Astoria, Oregon. Painting by Cleve-
land Rockwell (1889), Assistant Chief Surveyor
40. Montgomery v. City of Portland, 23 S. Ct. 735, 190
U.S.G.S.; Surveyed Columbia River at Astoria in
U.S. 89, 47, L. ed. 965.
1889.
41. Oregon Estuaries. Division of State Lands. June
69. ORS 273.850(3).
1973.
70. Found under subsection 3, 4 and 5 of ORS
42. Ibid.
273.855, and ORS 273.860 to 273.880.
43. P.L. 90-454 [See ORS 273.553 which creates the
71. ORS 273.885(1).
South Slough Estuarine Sanctuary as part of P.L.
92-583, the Coastal Zone Management Act]. 72. State Tax Commission cartographers assigned to
the Clatsop County map contract.
44. U.S.R.S. Section 2476.
73. Oregon Estuaries. Division of State Lands, 1973.
45. U.S.R.S. Sections 530, 531, 532.
Out-of-print.
46. Polar v. Hagen (1845) 3 How. (44 U.S.)(212, 228).
74. 1872 p. 129, as amended by 1874 p. 76 and 1876
47. Oregons Submerged & Submersible Lands by the p. 69, (subsequently repealed by 1878 p. 41 sub-
Advisory Committee to the State Land Board section 34) provided: the title of this State to tide
(1969-1970). or overflowed lands upon said Willamette, Coquille,
Coos and Umpqua rivers is hereby granted and con-
48. ORS 274.905.
firmed to the owners of the adjacent lands, or when
49. ORS 274.935. any such tide or overflowed lands have been sold,
then in that case, to the purchaser or purchasers of
50. State of Oregon via McKay v. Sause. 342 P.2d 803,
such tide or overflowed lands from such owner of such
217 Or. 50
adjacent lands, or some previous owner thereof, as the
51. ORS 274.937. case may be.
52. ORS 274.940. 75. ORS 390.605(3).
53. ORS 509.441 (1969 c.675). 76. See ORS 390.615 and 390.620.
54. ORS 509.455. 77. ORS 307.450 (effective after 12-31-69).
55. ORS 569.470 (amended 1965). 77a. Provided for in ORS 93.310.
10-50
78. ORS 511.011. 98. Dept. of Justice op No. 6665, 11-4-69.
79. See McAdam v. Smith, 221 Or. 48, 350 Pac. (2d) 99. State v. McVey, 168 Or. 337 (1942). See Atty Gen
689. Shively v. Bowlby, 15.2 U.S. 1, 38 L. ed. 331. Op 324 (1949).
14 Sup. ct. 548, per Gray, J. (the land covered by
100. ORS 274.935.
fresh water streams non-navigable is prima facie
the property of the riparian proprietors, usque 101. U.S. v. Rands, 389 U.S. 121 (1967).
ad filum ague). Thompsons on Real Property
Chapter 3075, vol. 6 of 1962 replacement. 102. Atkinson v. State Tax Commission, 303 U.S. 20
(1938), affirming 156 Or. 461 (1937).
80. U.S. v. Oregon, 295 U.S. 1 (1935).
103. Pewaukee v. Savoy, 103 Wis. 271, 79 N.W. 436
81. Oklahoma v. Texas, 261 U.S. 345. (1899).
82. Citing State v. Muncie Pulp Co., 119 Tenn. 47 104 104. 79 N.W. at 437.
S.W. 437.
105. Attorney General v. Bay Boom Wild Rice & Fur
83. Curtis v. Upton, 175 Cal. 322; Barnhart v. Erhart, Farm, 172 Wis. 178 N.W. 569 (1920).
33. Oreg. 274, 54 Pac. 195.
106. 178 N.W. at 513.
84. B.L.M. Manual of Survey Instructions; 1973 edi-
tion, section 3-115. 107. Dept. of Justice, op No. 6665 (1969).
85. Minto v. Delaney, 7 Ore. 337; Weiss v. Oregon Iron 108. ORS 274.425.
& Steel Co., 13 Ore. 496, 11 Pac. 255. 109. ORS 274.430(2).
86. B.L.M. Manual of Survey Instructions; 1973 edi- 110. Oklahoma v. Texas, 258 U.S. 574, 42 S Ct. 406, 66
tion, section 3-115. This statement supports the L Ed 771, 776 (1921); Micelli v. Andrus, 61 Or 78,
principle that the running of meander lines does 120 P. 737 (1919); State v. Adams, 251 Minn 521,
not always denote navigability of a river.
560, 89 NW 2d 661, 687 (1957).
87. The word meander is derived from a winding riv-
111. Micelli v. Andrus, supra at 88.
er in Phrygia called the Mederiz River, known in
classic history as the Meander River. 112. Utah v. U.S., 403 U.S. 9, 91 S Ct. 1775, 29 L Ed
2d, 281 (1971); The Daniel Ball, 77 U.S. 557, 563
88. U.S. General Land Office instructions for the Sur-
(1871).
vey of the Public Lands, September 1869, pages 523
and 524. Note: the use of the word bayous suffices 113. Dept. of Justice, op. 150-25-303-00187; 77-7
to include the Western estuary.
114. Ibid.
89. Alabama v. Georgia, 64 U.S. 505 (1859).
115. ORS 274.2l0 grants the Division of State Lands
90. Railroad Co. v. Schurmeir, 74 U.S. 272 (1868). the authority to contract for the drainage and
91. Which means that some are meandered above reclamation of certain submerged lands of
that point. lakes, marshes or swamps in this State. See also
ORS 274.260 on the title of riparian owners of
92. U.S.B.L.M. System of Rectangular Surveys, 1973 lakes and ponds drained under 274.210 which
edition, chapter 3, subsections 3-115, 3-116, 3- generally is the same as ORS 274.440(2).
118, 3-120, 3-121, and 3-122. P. 94 to 98.
116. U.S. v. Oregon, (1935) 295 U.S. 1, 26 55 S Ct 610,
93. That is, other than a cadastral survey. 79 L ed 1267.
94. Freytag v. Vitas, (1958) 213 Or. 462, 336 P. (2d) 110. 117. Websters New 20th Century (1956).
Also, State v. Imlah et al., (1931) 135 Or. 66, 294 P
1046. 118. 56 Am. Jur. p. 893. See State ex rel State Land
Board v. Corvallis Sand & Gravel Co., 283 Or 147,
95. Gubser v. Vitas, (1954) supra; Payne v. Hall, (1921) specifically at 167 (1978).
185 N.W. 912, 192 Ia. 780.
119. A & T Legal Section opinion dated April 11,
96. Citing Bigelow v. Hoover, 85 IOWA 161, 52 N.W.
1950, A & A no. 0202.
124, 39 Am. St. 296.
120. Thompson vol. 5, permanent ed (citing Pes-
97. Clark on Surveying & Boundaries. Second Ed. by
semeir v. Hupe, 121 Kans. 511, 247 Pac. 435).
Frank Emerson Clark; published by the Bobbs-
Merrill, Co. 121. 272 Fed 81.
10-51
122. Hanson v. Thornton, 179 P.494, 91 Ore. 585. Gub- 140. Montgomery v. Shaver, 40 Ore. 244, 66 Pac. 923.
ser v. Towne, 273 P.2d 430, 202 Or. 55. Also, Johnston v. Jones 66 U.S. 117 (1861); and 50
L.D. 216 (1923) in the syllabus.
123. Kingsley v. Jacobs, 174 Or. 514 at page 528.
124. Kingsley v. Jacobs, 174 Or. 514 at page 523. 141. Johnston v. Jones 66 U.S. 117 (1861).
125. Smith Tug & Barge Co. v. Columbia Pacific Towing 142. Atty Gen. Op OF 149-V, 12-29-1955. See Clark
Corp. supra (1968), 443 P2d 205 to 207, 86 Adv. on Surveying & Boundaries 2nd ed., section
Sh 913. 271.
126. Freytag v. Vitas, (1958) 213 Or. 462, D6, P(2d) 10. 143. Ibid (section 257).
State v. Imlah et al., (1931) 135 Or. 66, 294 P1046. 144. Washington v. Oregon, 214 U.S. 205, 53 L. ed.
127. Salem Improvement Company v. McCourt; cited 969, 29 S Ct. 631; Washington v. Oregon, 211 U.S.
supra. 127, 33 L. ed. 118, 29 S. Ct. 47.
128. Jeffries. v. East Omaha Land Company, 134 U.S. 145. Borax Consolidated Ltd. v. Los Angeles, 296 U.S.
178, 3 L. ed 872, 10 Supreme Court 518. 10 (1935); U.S. v. Washington, 294 F 2d 830
(1961), cert. den., 367 U.S. 817 (1962 on land
129. Irvin v. Crammond, 58 Ind. App. 540, 108 NE (2d)
covered by an Indian Trust Patent).
539.
146. Hughes v. State of Washington, 389 U.S. 290
130. Shively v. Bowlby, 152 U.S. 1, 38 L. ed. 331, 145 Ct.
(1967).
548.
147. Madison v. Basart, 59 I.D. 415 (1947).
131. Gilliam v. Cielona, 145 P. 1061, 74 Or. 462.
148. John McCleenan, 29 L.D. 514 (1900).
132. 28 Op. Atty. Gen. (1956-1958) 55.
133. Wilson v. Shively, 4 P.324, 11 Or. 215. 149. ORS 273.511.
134. Hume v. Rogue River Packing Co., 92 P. 1065, 51 150. ORS 273.505.
Or. 237, 31 LRA, NS, 396, 131 Am St Rep 732, 151A. Dept. of Justice No. 7729, 3-9-79 Coast Fork of
rehearing denied. Hulme v. Burns, 96 P. 865, 51 Willamette River.
Or. 237, 31 LRA, NS, 396, 131 Am St Rep 732.
151. ORS 390.805(3).
135. 23 Op. Atty Gen. (1946-1948) 242.
152. ORS 390.805(4).
136. Hanson v. Thornton, 179 P. 494, 91 Or. 585.
153. ORS 390.825(1) through (7).
137. B.L.M. Surveying Instructions.
154. ORS 307.010.
138. Oregon Coal and Nav. v. Anderson, 206 Fed. 404.
Also see, Shawmut Mfg Co. v. Benton, 123 Maine 155. ORS 307.030.
121, 122 Atl. 49; Merril Stevens Co. v. Durkee, 62 156. P.T.L.A. Vol. XVII No. 24 (1-23-76). ORS
Fla. 549, 57 So. 428; Ulbright v. Baslington, 20
307.030.
Idaho 539, 119 Pac. 292.
157. Ibid. [OF 1932; 11-17-75.]
139. Columbia Land Co. v. Van Dusen Inv. Co., 50 Ore.
59, 91 Pac. 469. 158. ORS 541.070.
10-52
11
CHAPTER
CARTOGRAPHIC
DRAFTING
11-1
11-2
For control (large control sheets) and tracing we
Introduction recommend a polyester drafting film (not linen or ac-
etate).
The function by which cartographers apply the lines a. Thickness: .003 mil.
and nongraphic data to maps is called cartographic
drafting. It is the cartographers primary means of b. Transparent.
communicating cadastral data to the map user. c. Stainproof.
This chapter will, for the most part, only define d. Waterproof.
those drafting fundamentals essential to cadastral
cartography. e. Guaranteed not to discolor.
f. Anti-static.
Equipment and Supplies
g. Matte on one side only.
The equipment and supplies defined in this section h. Guaranteed not to become brittle with age.
are basic to an efficient mapping office. They are:
i. Surface should be smooth enough to keep in-
1. Drafting medium. The papers, films and vel- strument wear to a minimum.
lums.
j. Tearproof and punctureproof.
2. Tapes.
k. Easy to erase.
3. Drafting machine.
l. Very high degree of dimensional stability.
4. Drafting machine straightedges.
Notes: There are some advantages of polyester film
5. Metal straightedge.
with matte on both sides; i.e., being able to do pencil
6. Drawing ink. work on one side and ink on the other; being able to
show permanent lines on one side and temporary
7. Drafting pens.
lines on the reverse side. However, we feel that the
8. Drafting pencils and leads. disadvantages outweigh the advantages. The matte
9. Erasing equipment. surface is susceptible to the dirt, grease and grime on
furniture surfaces (file cabinets, tables, counters) and
10. Scales (Architect, Engineer, chain). printing machine belts. Moreover, once imbedded in
11. Drafting instruments. the matte the dirt and grime is difficult to remove.
The face of the drawing, of course, must be a matte
12. Hand protractor. side; however, for the most part this surface comes in
13. Irregular curves. less contact with surfaces of drafting room furniture.
14. Railroad or highway curves. The film should be anti-static because this increases
the erasability of the film by not picking up dust, car-
15. Ship and Engineer curves. bon and dirt (whereas static would tend to retain this
16. Circle templates. matter). Moreover, the reduction of static improves
print separation in the diazo print process.
17. Triangles.
Before using the film, we recommend cleaning the
18. Stereoscopes. surface with a pure, white rubber cement thinner.
19. Planimeter. This will eliminate surface oils and greases that ac-
cumulate in processing, handling and packaging of
20. Engineers lettering set. most polyester films. This will increase ink retention
Note: Mention of any commercial product or compa- and extend the life of the tracing.
ny does not constitute an endorsement by the Oregon For small control sheets and layout work (the pencil
Department of Revenue.
map) we recommend a high quality drafting vellum1
instead of a regular drafting paper. The vellum speci-
Drafting Medium fications are as follows.2
The drafting papers, films and vellums should be a. Thickness: .0025 to .003
stable, durable and capable of taking both pencil and
drawing ink. The following are recommended speci- b. 100 percent rag content; translucent.
fications. c. 16 lb. (approx.).
11-3
d. Will not discolor with age. Although the tapes are both transparent and opaque,
and in black and white (or clear) or color, the tapes
e. Should be capable of standing eight erasures of
used in cadastral cartography must be transparent
eight heavy pencil lines (2H pencil) using a 100
with black patterns.3
Pink Pearl or 112 Ruby eraser. The eight
pencil lines should be lines that are redrawn in The graphic tapes are used on the tracing to eliminate
the exact location of the previously erased line. repetitive tracing of standard line symbols; i.e., the
An acceptable vellum would show no ghost or subdivision boundary line, tax code area boundary
trace after the final erasure. line, railroad centerline symbol (if desired) and zon-
ing district boundary lines. See Chapter 2 for stan-
f. Pencil and drawing inks should take well to
the surface yielding a good, continuous line dard patterns.
without skipping, feathering or bleeding (i.e., a Be sure to use a graphic tape that assures you of high
fine-toothed vellum). quality, good reproduction work.
g. Pencil smudging should be minimal.
Engineering Drafting Machine
h. Vellum must be tough and durable.
Cadastral cartography demands the utmost care in
i. Must be capable of making good reproductions on
measuring angles and laying out bearing lines. It
light-through printing processes (such as diazo).
requires the precision of the engineering drafting ma-
Notes: We recommend a solid-resin type. This provides chine. The drafting machine combines the functions
for good erasability and good, rapid light-through of a T-square and triangle with that of a protractor.
printing. On most solid-resin vellums the surface
Chapter 4 (Direction) contains instructions on the use
can be erased many times without leaving a ghost or
of the engineering drafting machine. The following
trace of a mark.
are some additional suggestions and rules.
Tapes for Drafting When mounting a drafting machine on the drafting
table make certain that the drafting machine clamp
The tapes used in cartographic drafting fall into three casting (Figure 11-1) is snug against the table, and
categories. that the mounting clamp screws are tight.
1. Drafting tape. The leveling knob should be adjusted so that the
2. Mending tape. straightedges lie flat against the table surface. The
tension should be so that the straightedges move eas-
3. Graphic tapes (or, pattern tapes). ily across the drawing surface.
Drafting Tape. The tapes marketed as drafting tape are It is often difficult to maintain an exact 90 angle
medium-adhesive tapes designed for holding draw- between the vertical and horizontal straightedges;
ings and tracings to drafting tables. A good drafting therefore, some cartographers use a triangle for
tape will hold firmly, yet peel off easily without leav- lines perpendicular to the bearing of the horizontal
ing gum residue on the vellum, film and table. We straightedge (e.g., using the triangle for a north line
recommend a 34 inch tape. while the horizontal straightedge is set on east and
Do not use tacks, staples, masking tape or transpar- west). Others, however, use the horizontal straight-
ent tapes for holding drawings to the table. The tacks, edge for all lines.
staples (or pins) damage the drawing surface of the The flat head screws on straightedge male chucks
table. The masking tapes have too much adhesive (Figure 11-2) are used to adjust the vertical and hori-
and will not peel off easily; moreover, they will leave zontal straightedges (perpendicular to each other).
a gum residue on the paper and table surface. These screws must always be kept tight.
Transparent tapes usually have too much adhesive
When mounting a straightedge on the drafting ma-
that tends to remain on any surfaceespecially paper.
chine be certain that the mounting chucks are firmly
Mending tape. Prints, tracings, and vellum drawings secured to the drafting machine female chucks. High
can be mended with most high quality transparent quality drafting machines have a locking device (Fig-
mending tapes (e.g., Scotch Magic Transparent Tape). ure 11-2) for securing the straightedge in the female
chuck, and for ease in removing the straightedge
Graphic Tapes. Graphic tapes (also called pattern tapes
(e.g., Brunings scalock).
or pressure sensitive tapes) are special tapes used
in cartography, graphic arts, general drafting, etc., Plastic and wooden straightedges are subject to
that are available in special patterns and symbols. concave and convex warping. It is advisable to pe-
11-4
Figure 11-1
riodically check your straightedges to see that they straightedge as shown in Figure 11-4A. Also, pressure
are straight. This can be done by laying the drafting should be to the drawing as in Figure 11-3B, rather
machine straightedge edge-to-edge against another than towards the straightedge as in Figure 11-4B.
straightedge (preferably a metal straightedge). Check
it against more than one straightedge if possible. If the As Figure 11-4 illustrates, pencil movement should be
straightedge is warped, it must be discarded regardless of away from the point. In other words, do not push the
the degree of warp. pencil to construct your line. As you move the pencil
along the straightedge, a slight twist (or rotation) of
Never use a drafting machine straightedge as a cutting
the pencil will prevent the lead from flattening out
guide (even if it is metal). If it is necessary to have a
on one side.
cutting guide, obtain one for that purpose and mark it
so that it will never be used to construct map lines.
Always keep your straightedges clean by wiping
them with a rag soaked in alcohol. Alcohol will not
leave an oily or soapy residue on the straightedge.
If one edge of a straightedge is chipped, it can be
salvaged by turning it end-to-end to use the opposite
side (but check that side for straightness).
When constructing a line, the pencil point should
be against the edge of the straightedge as in Figure
11-3B. The top (or upper) edge must be used for all
map lines (Figure 11-4B). Do not use the bottom of the Figure 11-2
11-5
Metal Straightedges Although other inks (including old inks) may adhere
at the time of tracing, the lines will begin to chip off
Each mapping office should be equipped with at least with age. This will be less apt to happen with the inks
one stainless steel straightedge 36 long to 42 long. The developed for film (e.g., Pelikan Tusche T or Mars T).
straightedge should be beveled on at least one edge.
Any drawing ink gets old and becomes hard to use;
therefore, for a small tracing operation it is advisable
to purchase the 1 ounce bottles, one or two at a time.
Drafting Pens
At one time all tracing work was done with ruling
pens and freehand crowquill type pens. Now, most
professional draftsmen use reservoir type or cartridge
type technical pens (Figure 11-5).
Technical drafting pens use interchangeable points
that range in size from 6 x 0 (super fine) to 14 (very
Figure 11-3 heavy). These pens provide steady ink flow without
constant wiping and filling (as was necessary with
Stainless steel straightedges are for making straight
ruling pens) and they produce lines of consistent
lines that are longer than triangles or the drafting ma-
width (which was nearly impossible with ruling
chine straightedges (such as coordinate grid lines on
pens) and contrast.
a large control map). The steel straightedges will also
be useful for checking the other straightedges. Do not The refillable cartridge style technical pens have the
use your steel straightedge as a cutting guide. advantage of better ink flow (because the cartridge is
air-tight), ease in changing points and ink, and ease
Drawing Ink in cleaning (because the holder does not have to be
cleaned).
The drawing ink should be of the type specially pre-
Figure 11-5 shows the general disassembly of most
pared for tracing on the polyester film matte surface.
reservoir style technical pens. The pens should be
It should be a quick drying ink with good adherence
cleaned every week. To clean, unscrew the filler knob
qualities; waterproof; crackproof and chip-proof.
unit and the pen point unit and wash. Pen cleaning
can be made easier by soaking the parts in an ultra-
sonic cleaner. If the pen is not dirty ultrasonic clean-
ing can be accomplished without removing ink or
disassembling the pen.
Pen numbers and line widths are as follows:
No. Inches mm
6x0 (000000) .0045 .11
5x0 (00000) .0053 .134
4x0 (0000) .0076 .19
000 (M) .0098* .25
00 (W) .0117* .30
0 .0138 .35
1 .018 .46
2 .022* .56
3 .032 .81
4 .045* 1.14
6 .0551 1.40
to 14 .236 6.00
*Recommended for Mylar tracings.

Although single line ruling pens are not used in trac-
ing, the double line railroad pen is used for drawing
parallel right-of-way lines (See Figure 11-6). Another
Figure 11-4
ruling pen suitable for parallel lines is the double curve
pen which is constructed very much like the railroad
11-6
pen. A draftsmans pen crutch (or pen cradle) will aid
in drawing smooth, consistent right-of-way lines
(Figure 11-7).
Drafting Pencils and Leads

There are two basic types of drafting pencils: the
wood-cased pencil and the refillable technical draft-
ing pencil.
The wood-cased pencils and the leads for the refill-
able pencils are classified by number and letter ac-
cording to hardness. The range is from 6B (very soft
and black) through 5B, 4B, 3B, 2B, B, HB and F to H,
2H, 3H, 4H, SH, 6H, 7H, 8H and 10H (which is very
hard). For cadastral work, 2H to 6H is adequate.
Many draftsmen and cartographers use refillable
pencils that hold the very thin 0.5 mm leads. These
leads produce an acceptable line, yet they do not
need sharpening.
For control work it is advisable to use a lead designed
for drafting on the polyester film matte surface (e.g.,
Mars Lumograph or Duralar).
In cadastral cartography maintenance work can be
done on the mylar. To prevent graphite smudges and
smearing, use a nonreproduction (nonrepro, non-
smear) purple pencil (e.g., A.W. Faber Confidential
Kopy 2957 nonrepro).
Erasing Equipment
Erasers. It is recommended that each cartographer be
equipped with an electric eraser as well as a variety of
hand erasers. The electric eraser can save many hours
of manual erasing on control and layout sheets. We
do not recommend using the electric eraser on the ink
tracing because it is too easy to accidentally remove
the matte surface of the polyester film.
The hand erasers should be the pencil-type paper
wrapped erasers.
For vellum work the erasers should be (1) gum eraser
for removing smudges, (2) pink pearl for removing
pencil work, (3) and a light, gray plastic eraser for
simple erasing tasks.
For polyester film we recommend the white plastic
eraser (e.g., Magic Rub). Do not use pink pearl or any
abrasive erasers on the film.
Erasing Shield. The erasing shield is a small plate of thin
Figure 11-5 spring steel that has slots of various shapes stamped
out. The different shaped slots are used to remove pen
and pencil data while leaving other work untouched.
11-7
Scales
Scales are used by engineers, architects, cartographers
and draftsmen because the space on maps and draw-
ings does not allow lines and areas to be shown in
their actual dimensions. The dimensions of the scales
are in accurate proportion to the actual dimensions
used. The various systematic length ratios, provided
on the scales, enable cartographers to plot the propor-
tional dimensions quickly, easily and accurately.
There are four basic types of scales: architect, engi-
neer, metric, and chain (Figure 11-8). The scales are
either flat or triangular. The flat scales have four
shapes: (1) four bevel with four faces for scales; two on
each side. (2) two bevel with two faces for scales; both
on the same side. (3) one bevel with only one face for
scales. (4) opposite bevel with two faces for scales; one
on each side.
Drafting scales are made in either boxwood, white
plastic on boxwood, white plastic, yellow hardwood
or stainless steel. We recommend white plastic scales
because they are easy to read and highly stable.
Note: Architect scales are never used on cadastral maps;
however, we feel some instruction is warranted here be-
cause cartographers will use them on office floor plans,
condominium floor plans, etc.
Architect Scales. An architect scale is used for almost all
drafting work except civil engineering, cartography,
Figure 11-6
photogrammetry and graphic solutions to problems.
The triangular scale shown in Figure 11-8A is standard
and contains eleven scales. The following are the most
common scales and the ratios they represent.
48" = 1'0" (quadruple size)

24" = 1'0" (double size)
12" = 1'0" (full size)
6" = 1'0" (1/2 size)
3" = 1'0" (1/4 size)
1-1/2" = 1'0" (1/8 size)
1" = 1'0" (1/12 size)
3/4" = 1'0" (1/16 size)
1/2" = 1'0" (1/24 size)
3/8" = 1'0" (1/32 size)
1/4" = 1'0" (1/48 size)
3/16" = 1'0" (1/64 size)
1/8" = 1'0" (1/96 size)
3/32" = 1'0" (1/128 size)
On the architect scale in Figure 11-8, six scales read
from the left end (the right-reading scales) and five
scales read from the right (the left-reading scales). The
various scales are arranged so that inches and frac-
tions of inches represent 1 foot. Thus, drawings can
Figure 11-7
be made to proportion, such as 1/4 size (3 = 1 - 0)
or 1/48 size (1/4 = 1 0).
11-8
On all scales except the full scale the end unit is divid- from a given point. Be careful to not inadvertently read
ed to represent inches and fractions of an inch (deci- the right to left numbers when using the left to right scale
mal parts are seldom used in architectural drawings). (or vice versa).
Scales divided in this manner are called open-divided
Example. To measure 415.3 feet on a 1 = 200 map
scales (Figure 11-9).
use the 20 scale. Always read the scale from the top
When using an architect scale, draftsmen form the (as all the figures show). The point (X) to be located
habit of reading scale dimensions as real dimensions. is to the right of the given point. Therefore, our mea-
surement will be left to right and we will use the up-
In the scale 1/2 = 1 0 (Figure 11-9) the end unit
permost numbers of the right reading scale. Set the
is divided into 24 parts so that the interval between
divisions represents 1/2. In the 1/4 scale the end left index (0) exactly at the given point. Next, mark off
unit is divided into 12 parts so that each interval rep- the hundreds of feet (to 4 on the right reading scale).
resents 1. On the full scale (12 = 1 0) the gradua- Mark off the tens of feet over 400 (one graduation
tions are full divided so that the entire scale represents to the right of the 4). And interpolate the number of
inches and fractions of an inch; the distance between feet beyond 410 (this is 5 feet; therefore, it is halfway
the smallest interval measuring 1/16 inch. between the 410 and 420 graduations). This is at ap-
proximately 415 feet. The .3 cannot be measured and
The smallest units can be subdivided by interpola- is, therefore, disregarded.
tion so that the smallest measurement possible on full
scale is 1/32 and the smallest distance representable If, in our example, we would have inadvertently
on the 1/28 scale is 1. switched to the left reading numbers when we set off
the hundreds of feet (4), the result would have been
When reading open-divided scales feet are read from the establishment of point Y (Figure 11-16). The true
the index (zero) toward the inside of the scale and measurement would have been 2,015 rather than
inches are read from the index toward the outside of 415, an error (blunder) of 1,600 feet more or less.
the scale. This permits direct reading of the scale.
In Chapter 9 we learned that the number of significant
For example, in Figure 11-10 we must measure 13-8 figures are the number of digits in a number that have
from given point X to desired point Y. The drawing meaning. For example, in mathematics the number
scale is 1/8 = 1 0. Set the 8 (measuring left of 415.3 has four significant figures. The number of sig-
the zero mark) on the inches scale at point X. The nificant figures that are accurate is one less than the
desired point is the first division to the right of the 12 total significant figures; therefore, in 415.3 there are
on the 1/8 scale. three significant figures that are accurate. However,
In Figure 11-10 the scale number at the desired point in plotting measurements we can only claim accuracy
is 40. This is the forty foot mark of the 1/4 scale to the graduation marks of the scale. Any figure that
reading right to left; however, it is also the thirteen must be interpolated is only approximate, and any
foot mark of the 1/8 scale. figures beyond that are not significant figures in the
measuring process. Therefore, in measuring 415.3
Engineer Scale. Triangular engineer scales, such as the feet we can only consider 415 as significant to the
scale of Figure 11-8B, are graduated in divisions of measurement.
10, 20, 30, 40, 50 and 60 parts to the inch. Each scale
is graduated uniformly throughout its marked length Does this mean that decimal values are disregarded
(Figure 11-11) and is classified as full-divided. in plotting? The answer is no. Although they cannot
be measured they cannot be indiscriminately disre-
The decimal divisions of the engineer scale allows garded. In making the measurement 415.3 feet we can
them to represent 1/10 of a foot, 1 foot, 10 feet, 100 disregard the .3 as it stands, by itself; however, in a
feet, and so on. For example, the 60 scale can be used series of measurements on one line the decimal value
to represent 1 = 6, 1 = 60, 1 = 600, 1 = 6,000, etc.
must be considered. To explain this, consider the rule
In the standard cadastral map system the 10, 20 and
for measuring several points along a line.
40 scales will represent the relationships illustrated
and described in Figures 11-12 through 11-16. When making more than one measurement on a line, or
projection of a line, all measurements should be made from
On some engineer scales the unit graduations will
the initial point of measurement.
read left to right as that of Figure 11-8B. However,
on most engineer scales the graduations can be read This rule is necessary to prevent accumulative errors.
from either end of the scale (Figure 11-16).
If all points are measured from the initial point of
When using the type of scale shown in Figure 11-16, measurement, it will be necessary to use accumula-
use the left, index (0) for measuring right from a given tive totals to locate each point on a line (or projection
point; and use the right index (0) for measuring left of a line). If we expect accurate results, the decimal
11-9
value of a number must be considered when add- We established that the .3 foot could be disregarded
ing for accumulative totals. For example, Figure in making a single measurement of 415.3 feet. How-
11-17 contains the values for a series of block and ever, if the number was 419.57 feet the decimal value
right-of-way widths to be established across a control is important because the number should be rounded
map. If the decimal was disregarded in making each to 420 feet for measuring. Any attempt at marking
419.57 feet (rather than 420 at the 420 foot gradu-
measurement we would have a noticeable mathemat-
ation) would result in a probable measurement of
ical accumulative error by the time we would have
418 to 419 feet; something less than 419.57 feet. The
established point 7, and a 10-foot error by the time we computations of Figure 11-17 show that numbers can
located point 21. be rounded to expedite the adding of accumulative
Figure 11-8
11-10
Figure 11-12
Figure 11-9
Figure 11-13
Figure 11-10
Figure 11-14
11-11
Figure 11-16
totals. In that example the total accumulative error have been made to establish point 21. Probability
for 21 values is only 0.99 feet. computations would show the resultant accumula-
tive error greater than the 10-foot mathematical
The accumulative errors of the example of Figure 11-17 error. However, if we use the rule for making all
are mathematical. The other type of accumulative error measurements from the initial point, point 21 would
is the result of making each measurement on a line be located by one measurement (4,690). The use of
from the prior point established, rather than from the the accumulative totals is illustrated in Figure 11-18.
initial point of measurement. If this had been the case The values in the illustration are for the first seven
in the foregoing example, 21 measurements would measurements of Figure 11-17.
Figure 11-17
11-12
Figure 11-18
Chain Scales. Many of the early surveys and deeds re- Parallax. Parallax is a factor contributing to errors
flect the measurements made by the Gunter chain. The made in measuring angles and distances. It is the
Gunter chain equals 4 rods, or 66 feet, or 100 7.92 apparent displacement, or the difference in appar-
links. 80 chains equal one mile and 10 square chains is ent direction, of an object as seen from two different
one acre. It is important to understand that a Gunter points that are not in a straight line with the object.
chain is not the same as an engineer chain. An engineer For example, when viewing the engineer scale, in
chain is 100 feet long, divided into 100 12-inch links. Figure 11-19, from the end, the 10 graduation on the
scale appears to be in line with point X of the map.
Rule: When measuring, chain always means Gunter Yet, when placing the eye directly over the scale, it
chain unless a deed, plat or survey specifically calls for an can be seen that the 10 graduation and the X point are
engineer chain. not exactly contiguous.
To avoid converting all chains to feet, when plotting, Here are three additional rules regarding your scales.
the Department of Revenue had special chain scales
1. Never use the scale as a cutting guideeven if it is a
manufactured. The chain divisions and graduations
stainless steel scale.
are as shown in Figure 11-8. The 1 = 100 and 1= 200
chain scales are full-divided with graduations to the 2. Never use the scale as a pencil or ink straightedge
tenth of a chain. Measurements to the hundredth of a guide (as you would a triangle or drafting ma-
chain must be interpolated. The 1 = 200 chain can be chine straightedge). Such use will wear off the
used for the 1 = 2,000 scale map. At this scale each graduation marks on the edge of the scale.
graduation is equal to one chain. Measurements to the 3. Never leave the scale in the sun-especially plastic
tenth or hundredth of a chain must be interpolated. scales.
The 1 = 400 chain scale is full-divided with gradu- 4. Never wash wooden scales with water or with clean-
ations engraved for each 0.25 of a chain. Therefore, ing solvent containing water. Use either alcohol or
any measurement that is not to the chain, quarter of rubber cement thinner for periodic cleaning.
a chain, half a chain or three-quarters of a chain must
be interpolated. In such cases we recommend con- The last rule is contradictory to the recommendations
verting the chain value to feet for measuring (multi- of some authorities to always keep the drafting tools
ply chains x 66 feet; e.g., 10 ch. x 66 = 660). clean. In the case of scales, too much cleaning will
eventually wear off unit graduations and numbers.
All Department of Revenue chain scales include en- When you do clean them, never use abrasive cleaners or
gineer scale graduations of the same scale as that of abrasive materials.
the chain scale; i.e., 1 = 100 chain scale also has a 1
As mentioned earlier in this section, scales are subject
= 100 (or 10) engineer scale. These engineer scales
to instrumental errors and natural errors. Therefore,
can be used in place of the triangular or flat engineer
they must be periodically checked for accuracy. This
scales. However, when making measurements in
can be done by placing the scale graduation-to-gradua-
chains be sure not to inadvertently switch to the engi-
tion (edge-to-edge) against other scales (always make
neer scale for a chain measurement.
more than one comparison). Always discard your
11-13
The divider of Figure 11-20C is a hairspring divider
used in general drafting. It does not have an adjust-
ment screw for maintaining settings; therefore, it
should not be used for cadastral map purposes.
Proportional dividers. The drafting instruments of Fig-
ure 11-21 are called proportional dividers. This type
of divider can be used to enlarge or reduce straight
lines, including the diameter and radius of a circle, or
to divide straight lines and circles into a given num-
ber of equal parts.
The proportional dividers consist of two legs pivoted
in such a way that the distance between the legs at
one end is in specific proportion to the distance be-
tween the legs at the other end. To set the legs into the
desired relationship, use the adjustable pivot to lock
the scale on either leg.
Never use a proportional divider to transfer a distance,
from one scale to another, when the measurement can be
made with an engineer or chain scale.
When using any divider, merely set the point on the
drawing medium applying only gentle pressure. Do
not jab the points into the surface of the table.
The Drafting Compass. The basic drafting compasses
are the spring bow compass, the ringhead bow compass
and the hairspring compass. Special compasses are the
drop bow compass, the extension compass and the beam
Figure 11-19
scale if it proves inaccurate. A new scale is cheaper than

redrawing a map.
Drafting Instruments
Dividers. Dividers, such as those in Figure 11-20, are
used to transfer measurements, divide straight or
curved lines, and measure a given distance by span-
ning it and checking the distance of the span against
a scale.
One type of divider is the spring bow divider used
for small map areas where it is important to retain a
specific divider setting. The setting is made by turn-
ing the center thumb screw (Figure 11-20A) mounted
horizontally between the legs of the divider. A simi-
lar instrument is the ringhead bow divider. This type of
divider is also capable of retaining settings, but will
usually span a larger distance than the spring bow
divider. Figure 11-20
11-14
compass. All of the compasses are capable of both pen- eral set) have micrometer adjustments built into the
cil and ink work. needlepoint attachment.
The spring bow, ringhead and hairspring compasses are Use of the Compass. When drawing circles and circle
constructed like their counterparts, the dividers (Figure arcs, it is important that the lines produced with the
11-20A), except the compasses have pen and pencil at- compass be of the same weight as those produced
tachments in place of one of the divider point arms. with the pencil. For this reason the lead in the com-
Like bow dividers, bow compasses are designed for pass should be slightly softer than that of the pencil.
maintaining settings. The hairspring compass should The lead is sharpened to a bevel point as shown in
never be used in cadastral cartography when a bow Figure 11-23, the point being rounded slightly as
compass is available. shown in Figure 11-24. The heel of the bevel is begun
one-quarter inch from the tip of the lead. The needle
Figure 11-22 illustrates the design of the large ring- point is inserted with the shoulder point out and
head bow compass and attachments, the drop spring permanently adjusted to the pen attachment, as in
bow compass and the beam compass attachments. The Figure 11-24. The pencil leg (of the pencil attachment)
large bow compasses are the most useful for control should be slightly shorter and must be readjusted
work because the compass and extension provide after each sharpening.
circle and arc capabilities that cover radii up to ap-
proximately 20 inches. Moreover, most of the high To draw circles or arcs, locate the radius point and
quality large bow compasses can be equipped with measure the radius distance to establish the compass
either the ruling pen attachment (Figure 11-22B) or span between the needle point and the tip of the lead.
a technical pen adapter (Figure 11-22C). The latter is With the needle point located accurately at the radius
preferable in cadastral work. point, open the compass so that the lead point is at the
point of the arc. The arc or circle should be swung in a
The drop spring bow (Figure 11-22E) is for very small clockwise direction, beginning and ending at the low-
circles. The drop bow has both pen and pencil attach-
est point with the compass inclined at about 60in the
ments attached to a compass sleeve that rotates on
direction of motion. When drawing concentric circles,
the stationary center point rod. There is no question
professional draftsmen draw the smallest circle first.
that the drop bow produces small circles that are ac-
Bow compasses (and dividers) are roughly adjusted
curately located over the radius point; however, most
by compressing the legs between the thumb and fore-
cartographers find that acceptable results can be ob-
finger of the left hand and spinning the adjustment
tained faster with a circle template.
thumbscrew with the right hand; this decreases wear
The complete beam compass consists of a long bar with on the threads. Final adjustments are made with the
a needlepoint attachment at one end and a pencil or thumb and forefinger of the right hand when the in-
pen attachment at the other end. Both attachments strument is in position.
can be adjusted either direction on the bar. Figure
11-2 F shows a pair of beam compass attachments The Hand Protractor
that can be attached to most stainless steel straight-
edges. This will provide a radius that is nearly as long In cadastral cartography angles and bearings must
as your largest stainless steel straightedge (about 2 be measured with the drafting machine engineer-
inches less than the straightedge length). Some of the ing-head protractor. Hand protractors should only be
better beam compass sets (e.g., the Dietzgen Fed- used to check angle measurements.
Figure 11-21
11-15
Figure 11-22
11-16
Figure 11-26
Figure 11-23
Most hand protractors are graduated by half degrees

and are readable in both clockwise and counterclock-
wise directions.
French Curves
French curves, also known as irregular curves, are
used as mechanical guides for drawing curves other
than circles or circle arcs. The curves (Figure 11-25)
are made of transparent plastic, and their edges rep-
resent successive parts of ellipses, parabolas, spirals
and other geometric curves.
Railroad or Highway Curves

Railroad curves (also known as highway curves) are
special curves with a straight section that is tangent
Figure 11-24 to a simple curve section, the point of tangency being
precision-engraved on the transparent plastic curve.
Railroad curves are calibrated in inches; that is, at a
scale of 1 = 100. A complete set of railroad curves
would contain one curve for each fifteen minutes (de-
gree of curve) up to 12, and for each thirty minutes
(degree of curve) up to 20. (Figure 11-26)
When plotting a highway or railroad curve, never use
the railroad curve template to establish the end points
of the curve traverse. Always establish curve points
as described in Chapter 8.
Ship and Engineer Curves

Ship curves are not necessarily critical to a cadastral
mapping operation, but they are useful because of
their many tapered (similar to a spiral) curve shapes.
Most ship curve sets contain from 50 to 60 acrylic
plastic curves.
Figure 11-25
Engineer curves are somewhat like ship curves be-
cause they represent tapered curves; however, they
11-17
are not manufactured in as many shapes and sizes as
the ship curves.
Triangles
There are two basic types of triangles used in every
drafting operation. One is constructed so as to have
angles of 30, 60 and 90. This is called a 30-60 (thir-
ty-sixty) triangle (the left triangle of Figure 11-27).
The other triangle has two 45 angles and one 90
angle. This is called a forty-five degree triangle (the
right triangle in Figure 11-27).
Figure 11-27 Most triangles are made of crystal clear plastic that
will not distort or scratch (if handled with reasonable
care). Transparent triangles are also available in fluo-
rescent orange. This type of triangle is often preferred
because the orange edge casts a glow which tends to
eliminate the usual shadows created by triangles.
Figure 11-27 shows how 30, 60 and 90 can be ob-
tained from a pair of triangles. Figures 11-28 and 29
illustrate two methods of obtaining 15 and another
method of obtaining 30 and 45 from a pair of tri-
angles.
Figure 11-28 When using a triangle to draw a vertical line, one
leg of the triangle is placed against the edge of the
drafting machine straightedge. If the vertical leg of
the triangle faces the left end of the drafting table,
you will be less likely to cast a shadow over your
work. Draftsmen draw their lines from the bottom up
as illustrated in Figure 11-30. The drafting pencil is
inclined toward the top of the map sheet at an angle
of approximately 60. The point is as close as possible
to the junction of the triangle with the drafting media
Figure 11-29
(Figure 11-34B). The usual sequence in drawing a se-
ries of lines is from left to right. At no time should the
lower edge of the drafting machine straightedge be used as
a base for triangles.
Testing Triangles. The separate edges of triangles may
be tested for accuracy by comparing triangle angles
against those turned with the drafting machine. If
any angle of the triangle is inaccurate, it should be
discarded. To check a triangle for straightness, match
each edge against a stainless steel straightedge.
Note: Do not use your triangle as a cutting guide. Also,
smudging can be minimized if the triangle is kept clean.
Stereoscopes
The small stereoscopes (Figure 11-31) are pho-
togrammetric instruments designed to obtain a
three-dimensional picture of the object being viewed.
There are two basic stereoscopes. The most common
(Figure 11-31A) is the lens-type hand stereo. This type
Figure 11-30
is limited by prismatic qualities of the lenses. Also,
the stereoscopic area is small by comparison with the
11-18
Figure 11-31
other type of stereothe mirror stereo. The lens stereo with the same camera, from the same altitude, when
has magnifying qualities, whereas the mirror stereo correctly oriented, permit stereoscopic observation
has a diminishing effect. One type of stereo supple- of their common area. This is done by means of the
ments the other; however, most cartographers prefer stereoscope.
the lens type.
To use the stereoscopes, the cartographer simply
To obtain a three-dimensional view of an object re- places the left lens over the area to be viewed in
quires that the conditions for natural depth percep- the left photo and the right lens over the same area
tion be artificially reconstructed and necessitates the to be viewed in the right photo. The object distance
following: between the identical point in each photo would be
about 2.50. Next, the stereoscope lens are focused.
1. two slightly different views of the same object or Normally the cartographer has to adjust the distance
scene from different angles; between lenses to establish the eye base distance
2. correct orientation of the two views with respect (also about 2.50). It is usually necessary to make
to one another and to the eyes; and slight adjustments of the aerial photo to obtain the
stereoscopic, or third dimensional view. Remember,
3. normal binocular vision that allows the two im- stereoscopic photographs can only be viewed correctly if the
ages to be recombined in the brain so as to give photographs are laid out according to the direction of flight
the effect of a single picture. of the aircraft.
Ground stereoscopic photography has been practiced
for years. This process involves making two simulta- The Polar Planimeter
neous exposures on different sections of film, using
a special stereo camera having two lenses, separated A polar planimeter is an accurate and convenient in-
by a distance about equal to that between the aver- strument designed to measure the surface area of
age persons eyes. In aerial stereoscopic photography irregular shaped polygons; areas that would be dif-
the concept is the same but the practice is somewhat ficult, time consuming, or impossible to determine by
mathematical computations.
different. Only one camera is used and the exposures
are made at regular intervals with the camera in a Polar planimeters have three basic parts (Figure
fixed position pointing in a direction perpendicular 11-32)the carriage, tracer arm and anchor arm. The
to the line of flight. The distance between the expo- carriage contains the area-measuring parts; the unit
sures is such as to permit the photos to overlap in vernier, measuring wheel, measuring wheel drum and
area. Any overlapping vertical photographs made drum vernier (see Figure 11-33). The tracer arm con-
11-19
sists of the tracer needle, tracing point guard, tracing grip The planimeter readings are obtained as follows:
and adjustment graduations. The anchor arm consists
1. The first digit is obtained from the unit vernier.
of a ball-joint link that sets in a socket of the carriage,
The reading of the unit vernier in Figure 11-33 is 5
a needlepoint mounted on a circular weight (the an-
because the indicator mark is between 5 and 6.
chor) and the arm. Some anchor arms are adjustable
to allow the anchor to be at an operational distance 2. The second digit is obtained from the measuring
from the polygon. The planimeter only touches the drum. In this case, zero of the drum vernier is
map at four points: the anchor arm needlepoint, the between 5 and 6 of the drum. The second digit
measuring wheel, the rear carriage support wheel is, therefore, 5.
and the tracing point guard.
3. The tenths digit is taken from the unit graduations
In operation, the entire instrument pivots on the an- of the drum. In Figure 11-33 the drum vernier
chor arm needlepoint and the carriage pivot socket. zero is between the 5 graduation and the first unit
The anchor needlepoint is set at a point outside the graduation; therefore, the tenths digit is .0.
polygon to be measured, as in Figure 11-32. The tracer
4. The hundredths digit is the reading on the drum
point is set at a point of beginning. The zero adjust-
vernier at a graduation that is in a direct line
ment thumbscrew (Figure 11-33) or the measuring
with a unit graduation of the drum; in this case,
drum (of the old-style carriage of Figure 11-32) is
halfway between vernier zero and ten. There-
rotated so that the zero of the unit vernier is at the
fore, the decimal value is .05.
indicator mark, and the zero of the measuring drum
is at the zero of the drum vernier. Note, most textbooks Hence, the reading of the planimeter in Figure 11-33
and planimeter instructions recommend not setting the is 55.05. At the different scales it is equivalent to:
unit vernier and measuring drum at zero. The drum and
1 = 100: 55.05 4 = 13.76 acres
vernier readings are to be recorded, then the difference
between those readings and the final readings is either the 1 = 200: 55.05 direct = 55.05 acres
area or a number that must be multiplied by another num-
1 = 400: 55.05 x 4 = 220.2 acres
ber to supply the area. The original purpose was to keep
from touching the measuring wheel, which must be kept 1 = 1,000: 55-05 x 25 = 1,376.25 acres
free of body oils and moisture. We find, however, that fewer
1 = 2,000: 55-05 x 100=5,505 acres
errors are made if the unit vernier and measuring drum are
always set at zero. A flat metal bar is usually supplied with each planim-
eter. This is the planimeter test gauge. It has a needle
Next, the tracer needle is carefully guided around
pivot at one end, inch graduations up to 3 inches and
the polygon boundary in a clockwise direction (as il-
an index mark at the beveled edge of the other end.
lustrated by the polygon ABCD of Figure 11-32) and
At the graduation mark there is a small hole in the
returned exactly to the starting point. The measuring
center of the gauge. This is for the tracer point of the
wheel turns when the tracer needle parallels the mea-
planimeter.
suring wheel, but slides when it parallels the axis of
the measuring wheel. The result is that the planim- To check the setting of the tracer arm, place the tracer
eter measures an imaginary rectangle with an area arm needlepoint in one of the holes of the gauge.
equivalent to that of the polygon; the net distance Next, swing the tracer arm through one complete
rolled by the wheel being the length of one side of the turn. This provides a circle of a known area. The dis-
imaginary rectangle. tance that the measuring wheel travels is read on the
verniers and drum. The reading provides a compari-
In cadastral cartography, the carriage is adjusted on
son against the known area. The tracer arm can be
the tracer arm so that the unit vernier and measuring
adjusted until the reading is identical to the known
drum readings are either the area in acres, or a value
(or required) value.
which multiplied or divided by a certain number
equals the area in acres. These relationships are as Here are some rules and suggestions regarding use of
follows: the planimeter.
1 = 100 scale: Reading 4 = Acres 1. Do not apply pressure to the carriage.
1 = 200 scale: Reading acres direct. 2. Do not get moisture (or sweat) on the measuring
wheel. This will cause it to rust.
1= 400 scale: Reading x 4 =Acres
3. Do not get oil or grease on the measuring wheel.
1= 1,000 scale: Reading x 25 =Acres
This will cause it to pick up dirt, dust and grime
1= 2,000 scale: Reading x 100 =Acres and prevent it from revolving consistently.
11-20
Figure 11-32
Figure 11-33
11-21
4. Keep the anchor arm ball and carriage socket character heights offered by a standard set of tem-
clean and oiled (lightly). plates is from 80 (0.08 inch or 5/64 inch) to 500 (0.5
inch or 1/2 inch). The scale at the bottom of each tem-
5. Do not press the anchor arm needlepoint, the
plate has the zero in the center and is arranged for
tracer point, or test gauge point into the drafting
proper spacing in relation to character heights. The
table surface.
distance between each scale graduation represents
6. Remember, when completing your traverse of a the area required by a normal letter. Templates capa-
polygon, you must return to the exact point of be- ble of producing larger characters, up to two inches
ginning. If you develop the habit of always start- in height, are available in many styles of lettering.
ing at the northeast corner of a polygon, it will be
Modern reservoir pens (as shown in Figure 11-34)
easy to remember where you started each time.
range from 000000 (6 x 0, the very finest) to 14 (the
7. If the polygon to be traversed is too large for the very largest). Their approximate widths are as shown
planimeter, divide it into smaller plane areas. in Figure 11-35. The pen holder contains a removable
plastic reservoir that is easy to fill and clean. The pen
8. Do not place the anchor needle inside large poly-
point has a cleaning pin that acts as a valve, protrud-
gons when planimetering those polygons.
ing beyond the edge of the bottom tube when the pen
9. Remember, the area reading will change every is not touching the surface of the map. In this position
time the tracer arm or anchor arm setting is no ink flows. When the pen is rested on the map sur-
changed. face the cleaning pen is pushed up, allowing a flow
of ink. Action of the pin in the pen casing minimizes
10. Keep the planimeter in its box when not in use.
ink clogging.
11. Do not lose the manufacturers instructions. This
The scriber holds the pen in alignment and controls
contains the constants, factors and information
its motion as the tracer pin is guided through the
on adjusting the instrument.
character grooves of the template. Two types of scrib-
12. Do not planimeter on slick surfaces such as the ers are available, adjustable and fixed. An adjustable
glossy side of mylar. scriber produces vertical and inclined letters from a
single template. Figure 11-34 shows a scriber in the
13. Check the accuracy of your planimeter every
open position for slant lettering. Except for a locknut,
day before use. This can be accomplished by pla-
which permits the setting of an adjustable scriber
nimetering a square or rectangle of known area.
to be changed, both scribers consist of a tracing pin,
14. Position the planimeter so that the measuring socket screw, finger grip, adjusting screw, locknut, tailpin
wheel does not travel over the edge of the map and an aluminum mount.
sheet.
Lettering Set Operation
Mechanical Lettering
The recommended combinations of pens and tem-
Mechanical lettering, such as that executed by the plates are presented in Chapter 2.
Leroy lettering set, is lettering produced with a
The rules for freehand letter sizing and spacing also
special ink pen in a scriber that is guided by a let-
apply to mechanical lettering. For blocks of lettering
tering template (see Figure 11-34). The lettering set is
having more than one line of lettering, horizontal
used for executing major lettering on cadastral maps,
baselines may be drawn at intervals for the proper
specifically those listed in the Standard Lettering Guide
spacing between each line for the size of letters used.
in Chapter 2.
Lines of lettering are arranged symmetrically about
Note: The availability of a mechanical lettering set should a vertical centerline. In centering a line of lettering,
not deter cartographers from periodical practice required to count the number of letters in the line, add one-half
execute neat freehand lettering. for spaces between words, and subtract one-half for
each letter I (large i), l (small L), or for each number
The standard engineers mechanical lettering set con-
1. Select the template bearing letters of the desired
sists of a set of templates, a scriber, and a set of pens.
size and place the zero of its scale on the vertical cen-
The templates are made of laminated plastic with terline. Mark the number of divisions equal to half
letter and number characters engraved in the face so the number of words in the line first to the left, then
that their component lines are guide grooves for the to the right of zero. This indicates the approximate
scriber tracing pen. The height of the characters, in starting and ending points. Once you become used to
thousandths of an inch, is given by a number on the the mechanical lettering set, letter or number centering
upper right-hand side of the template. The range of will be by eye.
11-22
Figure 11-34
Procedure. Loosen the socket screw. Choose the pen Technique. Hold the drafting machine straightedge in
recommended for the letter size. Insert the pen in position with the ball of the left hand against it. The
the pen socket so that the shoulder sits against the fingers of the left hand hold the lettering template
scriber arm, and tighten the socket screw. Loosen the
against the working edge of the straightedge and
adjusting screw locknut. With the lettering template
change the position of the template when necessary.
against the drafting machine straightedge, set the
scriber tailpin in the straight groove of the template
and the scriber tracer pin in the groove for the letter
or number character. Using a piece of scrap mylar
for trial lines, regulate the adjusting screw so that
the cleaning pin is pushed far enough back to allow
the ink to flow freely. If the pin is pushed too far back so
that there is no clearance provided and the pen sleeve is
allowed to rest against the map surface, the ink will not
flow smoothly. The amount of clearance varies with the
consistency of the ink and the nature of the drawing
surface. When satisfactory trial lines are produced,
tighten the adjusting screw locknut. Proceed with
the lettering by moving the tracer pin in the character
groove, at the same time keeping the tailpin in the
straight groove. Spacing between letters is by eye and
involves the same considerations of equal letter areas
as in freehand lettering. Figure 11-35
11-23
The scriber is held between the thumb and first three Uniformity
fingers of the right hand. The little finger of the right
hand presses the right side of the template against the Lettering on a map must present a uniform appear-
T-square edge, preventing slipping from the motion ance. Height, inclination, alignment, line weight
and spacing are the principle considerations. Uni-
of the tracing pin in the character grooves.
form height, alignment and inclination are achieved
through the use of guidelines; however, once a car-
LETTERING tographer becomes proficient at freehand lettering,
he can produce fairly uniform lettering without the
guidelines. Uniformity in line weight depends on the
The lettering on cadastral maps should be sin- skillful use of the pencil or lettering pen. Uniform
gle-stroke, uppercase, commercial gothic. On finished spacing of the letters in words and of words in sen-
tracings all Leroy lettering shall be vertical uppercase, tences (or numbers in dimensions) is performed by
except for the names of bodies of water; these should eye. Good judgment results from practice.
be slant (inclined) uppercase. The names of subdivi-
sions are to be the vertical uppercase shadow style. Freehand Letter Formation
Dimensions, bearings, survey corner data and notes All letters and numbers are drawn with the basic
are to be single-stroke, uppercase commercial gothic.6 strokes illustrated in Figure 11-37. To execute satisfac-
Vertical freehand lettering or inclined freehand letter- tory letters, a cartographer must learn and practice
ing may be used, but only one type should appear for the direction and sequence of the strokes used to
form each letter.
a single map. The expression single-stroke means that
the width of lines composing the letters is the same Position. Rest forearm on the drafting table below the
as the width of a stroke of the pen or pencil being edge of your map sheet. Hold the pencil or pen be-
used for lettering; it does not mean that each letter is tween the thumb, forefinger and second finger so that
executed with a single, continuous movement of the each rests against a side. The third and fourth fingers
and the ball of the palm rest on the map sheet.
pen or pencil. Uppercase refers to capital letters, lower-
case to small letters. Basic Strokes. Vertical strokes are drawn from the
top down with an even finger movement. Inclined
Letter and Number Proportions strokes are drawn in the same way and are slanted in
the desired direction. Horizontal strokes are drawn
The ratio of letter width to letter height varies with from left to right (or reverse for a left-handed cartog-
individual letters. This section presents standard rapher) with a complete hand movement, pivoting
proportions that take into consideration the charac- at the wrist. Curved strokes proceed from above
downward, moving in the desired direction, and are
teristics of individual letters. Letters using these pro-
produced with a combined finger and wrist motion.
portions are called normal letters. When letter width
Lettering strokes are drawn, not sketched; the uniform,
is decreased in relation to letter height to conserve single-stroke appearance required of lettering can be
space, the letters are said to be compressed letters. achieved only by practicing the fundamental strokes
When letter width is increased in relation to letter in the manner described.
height, the letters are known as extended letters.
Lettering Pen Technique. The lettering pen is held in
the same manner as the pencil, tightly enough for
Stability control but allowing a loose, free movement. Strokes
are drawn, not sketched, in the same manner as pencil
If the areas of upper and lower portions of certain let-
strokes. Avoid undue pressure on the pen; pressure
ters and numbers are made equal, an optical illusion forces the cleaning pin of the point too far back so
is created which causes them to appear top heavy (i.e., that the shoulder, or sleeve of the point, rests on the
the number 8). To correct this and give the impression mylar. This will stop the ink flow and wear out the
of stability, the letters B, E, F, H, K, S, X, and Z and the pen. Hold your pen in the same manner consistently
numbers 2, 3, 5, and 8 must be drawn smaller at the because tilting it in different directions causes differ-
top than at the bottom. The central horizontal strokes ent stroke weights. Regular practice is the only way
of the letters B, E, F and H are drawn slightly above to achieve uniform lettering of acceptable quality.
the center. The upper portions of the letters K, S, X Vertical Letters. Figure 11-35 illustrates the required
and Z and the numbers 2, 3, 5 and 8 are made slightly shape of vertical letters and numerals. Figures 11-38,
narrower than the lower portions. 11-39 and 11-40 illustrate the construction of letters
11-24
Figure 11-36
Figure 11-37
11-25
Figure 11-38
11-26
Figure 11-39
Figure 11-40
Figure 11-41
11-27
and numbers against a square background with each by using the many instruments at his disposal, the
side divided into six equal units. The background solution of these problems affords an opportunity for
will serve as a reference framework for comparing practice in accurate instrumental drafting.
the height of the various characters in proportion to
their width, as well as the location of the individual Postulates
lines that compose each letter and number. A smaller
drawing below each character shows the direction All constructions are based on three postulates stated
and sequence of the strokes used in the formation of by Euclid.
the character.
1. A straight line can be drawn from one point to
The need for drawing number characters carefully any other point.
cannot be overstressed, particularly in the layout of
your cadastral map. A poorly executed number can 2. A straight line can be extended to any length.
cause serious errors and delay. 3. A circle can be described with a given point as
Inclined Letters. Figure 11-36 illustrates the required center and any given line as radius.
shape of inclined letters and numerals. Figure 11-41
shows the formation of some inclined letters. The Basic Problems
angle of inclination (slant) should be no less than
67.5 with the horizontal. The sequence of strokes Any compass and straightedge construction is com-
for inclined letters are the same as for vertical letters. posed of a succession of three fundamental problems:
Rules of stability, proportion and balance are similar.
1. To construct a straight line through two points;
The circles and circle arcs used in vertical letters be-
come elliptic in inclined letters, their major axes mak- 2. To find the point at which two lines intersect;
ing angles of 45 with the horizontal. and
Uppercase Letters in Words. Proper spacing of upper- 3. To draw a circle (or circle arc) of given center (the
case letters in words requires that the areas occupied radius point) and radius (the distance from the
by the letters appear equal rather than that the actual radius point to the arc of the circle).
clearance between the letters be equal. In the word
MELT, for example, the actual spacing between the L
and T can be so close that a vertical dropped from the
Bisecting a Line
left end of the horizontal stroke of the T will touch the a. With A as the center (of Figure 11-42) and radius
right end of the horizontal stroke of the L The areas R1 of any convenient length, draw arcs on both
enclosed in the letters by their vertical strokes gives sides of line AB.
the appearance of adequate clearance. The actual
clearance between M and E must be such that the b. With point B as a center and radius R2 equal to R1,
areas enclosed by their adjacent vertical strokes are draw arcs on both sides of line AB; intersecting
roughly equivalent to those between the vertical the previously drawn arcs at points C and D.
strokes of L and the imaginary vertical connecting
c. Connect points C and D. bisecting line AB at
the horizontal strokes of L and T. The actual clearance
between E and L can be slightly less than between M point E. This is half way between point A and
and E. The spacing between words should be equiva- point B.
lent to the basic width of M or O (if space allows).
Bisecting an Arc
Some Geometrical a. With point A (of Figure 11-42) as a center and
radius R1 of any convenient length, draw arcs on
Solutions Used in either side of the given arc AB.
b. With point B as a center and radius R2 equal to
Cartographic Drafting R1, draw arcs on either side of the given arc AB
intersecting the previously drawn arcs at points
The geometric constructions in this section occur C and D.
frequently in engineering and cartographic draft-
ing. They show how geometrical problems involving c. Connect points C and D, bisecting arc AB at
straight lines and circles can be solved with only a point F. It will be noted that this solution is iden-
pencil, straightedge and compass. Although a mod- tical to the preceding solution. It is not necessary
ern cartographer can improve his speed and accuracy to construct line AB.
11-28
Bisecting an Angle
a. With point V (of Figure 11-43) the apex of the
given angle AVB, as a center and with radius R1
of any convenient length, draw an arc intersect-
ing both sides of the angle.
b. With the points of intersection thus formed as
centers and with radius R2 of any convenient
length, draw arcs intersecting at point C.
c. Connect points V and C, bisecting the angle.
Drawing a Line Through a Given Point

Parallel to a Given Line
a. With given point P (Figure 11-44) as a center and
a radius R1 of any convenient length, draw an arc
intersecting the given line AB at point C.
b. With point C as a center and with radius R2=R1,
draw an arc intersecting line AB at point D.
c. With point C as a, center and radius R3 equal to
Figure 11-42 PD, draw an arc intersecting the arc drawn in AB
at point E.
Figure 11-43
Figure 11-44
Figure 11-45
11-29
d. Connect given point P with point E, forming the To Draw a Circle of Given Radius
required parallel to given line AB.
Tangent To a Given Line and Passing
(This is strictly a mental exercise because the drafting
Through a Given Point
machine is capable of parallel line construction.)
a. Given the required radius R1=200 feet (Figure
To Divide a Line Into a Given Number 11-48), draw line CD parallel to given line AB at
a distance equal to this radius.
of Equal Parts
b. Using, the given point P as a center and using
a. Extend line AB (Figure 11-45) and, with B as cen- the same radius, draw an arc intersecting line
ter, draw arcs of equal radius intersecting line CD at point O.
AB and the extension.
b. With these intersections as centers, draw arcs of
equal radius intersecting each other on either
side of line AB.
c. Connect these intersections, thus erecting a per-
pendicular to line AB at point B.
d. Place your engineer scale so that the given num-
ber of equal divisions, say nine, are included be-
tween point A and a point on the perpendicular,
and mark off the divisions.
e. Draw lines parallel to the perpendicular from
the points thus located, intersecting line AB and,
therefore, dividing the line into the required
nine equal parts.
Erecting a Perpendicular to a Line

from a Given Point
a. With given point P (Figure 11-46) as a center and
radius R1 of any convenient length, draw arcs
intersecting given line AB.
b. With these intersections as centers and radius R2 Figure 11-46
of any convenient length, draw arcs intersecting
at point Q.
c. Line PQ is the required perpendicular with point
O, the intersection of the perpendicular with a
given line.
Erecting a Perpendicular to a Line at a

Given Point
a. To erect a line perpendicular to a line PB at point
P (Figure 11-47), select any convenient point O
as a center and, with radius OP, draw an arc
slightly greater than a semicircle from line PB.
b. Extend a line from the intersection of the arc and
line PB through point O, intersecting the arc at
point C.
c. Connect points P and C, forming the required
perpendicular. Figure 11-47
11-30
c. Using point O as a center (radius point) and with
the same radius, draw a circle through point P
tangent to line AB.
To Draw a Circle Through Three Given

Points
a. Draw chords AB and BC (Figure 11-48) connect-
ing the three given points.
b. Draw lines bisecting chords AB and BC, inter-
secting at point O.
Drawing a Tangent To a Circle at a

Given, Point On the Circle
Figure 11-48 a. With given point P (Figure 11-50) on the circum-
ference of the given circle as a center, and with
radius R1 equal to the radius of the given circle,
draw arc OAB intersecting the circumference of
the circle at point A.
b. With point A as a radius point and R2=R1, strike
an arc as indicated in Figure 11-50. Point B is the
point of intersection.
c. With point B as the radius point and R3=R1=R2,
strike an arc with C as the point of intersection.
d. Connect points P and C to form the required
tangent.
Drawing Two Tangents to a Circle from

a Given Point
a. Draw line OP connecting the center of the circle
Figure 11-49 O with the given point P (Figure 11-51).
b. Bisect line OP at point C.
11-31
c. With point C as a center and OC as a radius,
draw arcs intersecting the arc of the circle.
d. From the points of intersection thus formed,
draw the required tangents to point P.
To Round Off a Right Angle With an

Arc of a Given Radius
a. With point B (Figure 11-52) as a center and given
radius R, draw arcs intersecting the sides of the
right angle at points L and M.
b. With points L and M as centers and with the
same radius, draw arcs intersecting at point O.
c. With point O as a center and with the same ra- Figure 11-52
dius, draw the required arc LM.
To Draw an Arc of a Given Radius

Tangent to a Line and a Circle
a. Let line AB (of Figure 11-53) be the given line, R1
the given radius, and R2 the radius of the given
circle. Draw a line parallel to line AB at a dis-
tance equal to R1.
b. With point O as a center and radius R3 =R1 +R2,
draw an arc intersecting the constructed parallel
at point C.
c. With point C as a center and a radius R4=R1,
draw the required arc tangent to the given line
and circle.
To Draw an Arc of Given Radius Figure 11-53
Tangent to Two Circles

a. Let R (Figure 11-54) be the given radius and R1
and R1 the radii of the given circles. With point
O as a radius point and a radius equal to R+R2,
draw an arc that projects at the approximate
point of desired point P.
b. With point S as a radius point and a radius equal
to R+R1, draw an arc that intersects the first arc.
This is radius point P.
c. With point P as the radius point of the desired
arc, and the given radius R, construct the desired
arc tangent to the two circles.
NOTE: SEE CHAPTER 8 FOR SPECIFIC INFORMA-
TION ON THE CONSTRUCTION OF HIGHWAY Figure 11-54
AND RAILROAD CURVES.
11-32
layout. Do not tape the film or layout to the table as you
DRAFTING THE FINISHED must be able to rotate the map during the tracing process.
TRACING Proper Tracing Sequence

Refer to Chapter 2 for the cadastral map standards to The following is the required tracing sequence for
be used on cadastral map tracings. Department of Revenue cartographers.
The objective of the cartographer, when making a
1. Obtain the Map Record Card.8 Check to see that
tracing, must be to produce a final, error-free, finished
cadastral map with sharp, clean lines and neat, legible and the map has not already been traced.
uniform lettering. The tracing should be MORE accu-
2. Analyze the map before taping to film. Deter-
rate than the layout. To clarify the last statement, it is
at the tracing step that many of, the mistakes made mine what tracing problems will be encountered
in constructing the layout map can be spotted and in the process and what tracing equipment is
corrected. necessary to do the job. Ask about the problem
areas relating to the map area.
Tracing Medium
Cadastral map tracings are to be made on 18 x 20,
.003 mil polyester drafting film. The specifications are
spelled out in the first section of this chapter. All ink
work must be executed on the matte side of the poly-
ester film. Use the drawing inks prepared for polyes-
ter film FOR ALL INK WORK. Failure to do this will
result in the ink flaking off, or rubbing off the film
several months after the tracing is completed.
To prepare the film for tracing, clean the matte sur-
face with a rubber cement thinner and cheesecloth.
This will remove manufacturers chemicals, grease
and dirt from packaging and handling, and will
provide a tacky surface for good ink adhesion. The
tracing should be LIGHTLY wiped with the thinner
during tracing and before making maintenance alter-
ations. DO NOT USE ALCOHOL TO CLEAN YOUR
TRACING. IT WILL REMOVE THE INK WITH VERY
LITTLE EFFORT.
Positioning the Map Boundary on the

Tracing
Figure 11-55
After a final cadastral map tracing is completed, a
print is made for the map book. If the map bound-
ary is located correctly on the tracing, it will appear
balanced in the map book. If, on the other hand, the
boundary is centered on the tracing, it will appear
unbalanced in the map book. This is because the map
bookbinding occupies about two inches of the left
side of the map. To provide a uniform appearance,
the map boundaries must be located by the specifica-
tions defined in Chapter 2.
The map should be oriented so that the bottom edge
of the tracing will be east and west in relation to the
east and west bearings of the layout, north being at
the top of the map. After the tracing film is correctly
oriented to the pencil layout it should be taped to the Figure 11-56
11-33
3. Before taping the film to the layout, the map In Figure 11-55 the parcel numbers are to be
should be checked with abutting maps to see placed in the upper left-hand corner of each iso-
that ALL LINES MATCH PERFECTLY. Also, all lated part of the parcel, in addition to the main
information on the boundaries of abutting maps body of land. Where the number can be placed
must be in harmony with the layout. in the isolated part, the hooks are not added to
the tracing. However, some isolated parts of par-
4. Tape the film to the layout, carefully observing
cels are too small to contain the parcel number.
the rides for positioning the map layout, on the
In these cases it is necessary to add the hook as
film (Chapter 2).
illustrated in the lower right-hand corner of Fig-
5. Clean the mylar with rubber cement thinner. ure 11-55.
Brush the mylar to remove any lint or dust from h. Ink in all freehand 00 and No. 4 lines; i.e., lakes,
the rag used to clean the mylar. rivers, creeks, etc. See Chapter 2 for single line
6. Order of Inking. creek symbols. Add the arrow that indicates the
direction of flow of the water.
a. Lines are inked in a definite order to save time
that would otherwise be wasted in waiting for i. Apply the code and subdivision lines on the
inked Lines to dry. The natural progression for back side of the tracing film. This should be
drawing horizontal lines is from top to bottom. done using adhesive mylar pattern chart tape
Vertical lines normally are drawn in sequence (transparent; i.e., Chartpak). Be sure to burnish
from the left- to the right-hand side of the sheet. the tape onto the film.
b. Ink the irregular roads that must be done with j. Add the shadow lettering.
the railroad pens. When using the pen make k. Add all freehand lettering.
equal line widths and proper spacing between
right of way lines. l. Add all Leroy lettering. Remember, code area
numbers are to be placed in center of the respec-
c. Next, ink all of the right of way lines; starting tive code area. Parcel numbers are lettered in the
with small arcs, large arcs, horizontal lines, verti- upper left-hand corner of each parcel.
cal lines and finally, inclined lines. If a compass
or specific curve was used to construct the curve 7. Check your tracing.
on the layout, the same method must be used to 8. Clean up any rough spots. Figure. 11-56 shows
construct the curve on the tracing. some of the common deficiencies in ink work.
d. Put in the standard railroad symbol (see Chapter 2). 9. Initial and date the tracing at the left end of the
film. Initial and turn in map record card.
e. Put in all corners, traverse point and engineer-
ing station circle symbols (see Chapter 2). The 00 The final check of the tracing (for errors and omis-
pen point lines should only run to the edge of sions) is best done by a cartographer other than the
the circlenot through the circle. The circles can person who executed the tracing. A cartographer
easily be made with a circle template that has a who checks his own work is liable to overlook his
1/20 circle. omissions and mistakes. It is as necessary for the
checker to proceed systematically in reviewing a trac-
f. Add the heavy No. 4 map boundary lines. Do
ing as it is for the cartographer to work systematically
not draw these lines through the circular corner
in producing it. Corrections should be noted on the
symbols.
tracing with a nonreproduction pencil.
g. Trace in all property lines, survey lines, section
grid, easements, etc. Note: a hook ( ) across a
line on the layout means that the line is not an own- Endnotes
ership line; therefore, it must be traced as a dash line.
A broken hook on each side of any strip of land (road, 1. Drafting vellum is a transluscent high quality paper.
stream or otherwise) means that the ownership of 2. Based on U.S. Government specifications.
the land on one side of the strip is the same as on the
other side of the strip. In this case the line is not to be 3. With exception that the blue transparent tap works best
for codes lines. See Chapter 2.
dashed. See Figure 11-55.
11-34
12
CHAPTER
MAP COMPILATION
AND CONSTRUCTION
12-1
12-2
photogrammetric map base is adequate for many
INTRODUCTION kinds of mapping. This does not mean that it is
adequate for every kind of map base. Likewise, the
The central operations of cadastral cartography fact that the cadastral map system employs the ca-
are: dastral land survey to control map geometry does
A. Planning not mean that this approach is applicable to every
1. Cartographic design kind of map system.
2. Generalization1 Principle 2. Maps are like fingerprintsno two are
3. Development of specifications and graphic exactly the same. Consequently, the problems of each
standards. map will differ; thus requiring different approaches to
B. Map Compilation problem solving.
1. Compilation of reference data Therefore, it is impossible to provide one outline
2. Analytical Bridging and one set of solutions that will apply to every
C. Map Construction mapping situation. All that we can provide is a
1. Plotting control points and lines general outline that applies to most situations. The
2. Cartographic drafting solutions to the problems are accomplished by the
precise scientific methods defined in the preceding
D. Map Finalization
chapters., and a high degree of professional skill.
1. Map Detailing
2. Final drawing (or tracing)
3. Map editing
4. Map reproduction
DEFINITIONS
E. Map Maintenance Analytical Bridging. The assembly, evaluation,
1. Upgrade map geometry to coincide with mathematical analysis. selection and rejection of all
current land surveys. horizontal surveys. The purpose is to build a con-
2. Update map lines, points and data to continuous network of survey quadrilaterals to bridge
form to new deeds, ordinances, subdivi- as many cadastral map elements as possible.
sions, etc.
3. Upgrade photogrammetric detail to con- Base Control Map. A graphic-geometric network of
form to new aerial photogrammetry. primary survey quadrilaterals that serve as a base:
4. Remap when necessary. for secondary surveys, for the lines and points to be
plotted from instruments of conveyance and for
This chapter will describe the map compilation and the natural and cultural features to be supplied by
map construction operations. The explanation and aerial photography. Generally synonymous with
description of the operations and suboperations are basic map control, control map base or control.
brief. In fact they will appear over-simplified. This is
because most of the operations are performed using Map Life. The effective life of any map. In cadastral
concepts and principles of the preceding chapters. It cartography it is that period of time when a map
would be redundant to repeat that information here. accurately represents the latest surveys, aerial pho-
For example analytical bridging is accomplished by tos and deeds. It is measured from the time that
using the trigonometric procedures for computing the original map is completed to that point in time
missing measurements, traverse closure, etc., that when it will no longer accomodate new property
are defined in Chapter 9. segregations, new surveys, new photogrammetric
detail or new parcel numbers. It also terminates
It is IMPORTANT, at this point, that we place spe-
when map specifications and graphic standards
cial emphasis on two fundamental principles of
are no longer adhered to. It is based on the prin-
cartography.
ciple that the permanent map does not exist.
Principle 1. The purpose for which a map system is de-
Map Triangulation. A system of joined or overlap-
signed governs the procedures, methods, and standards
ping triangles in which the size of angles and length
employed in that system.
of sides are either established from existing curves,
It is, therefore, incorrect to assume that one set of or are computed using existing survey data.
concepts, methods, and procedures will apply to
Maverick Survey. A survey that is not in harmony
every kind of mapping program. For example, a.
with abutting surveys. The term does not mean
12-3
that the survey is in error. In fact. new surveys are The original sixth generation of control has been im-
often labeled as maverick surveys because they are proved many times to keep abreast of technological
executed at a greater degree of precision than were changes; improvements made to take advantage of
the abutting surveys; hence, the, measurements of the positive elements of other control systems; and
the older surveys do not conform to the later. improvements made to correct some inherent weak-
nesses of the original plan. Therefore, it is reason-
Primarv Survey. A survey that provides controlling
able to expect further developments; at least as long
data for bridging the section and township corners as there are problems to be solved.
and the points. monuments and lines of other pri-
mary surveys, e.g., a subdivision survey, or a survey First Generation Control. This level was employed
of a B.P.A. transmission line. See secondary survey. in the early years of cadastral mapping. Under this
system any desired point, line, or series of lines
Secondary Survey. A survey that does not provide were employed as the foundation of the map; re-
measurements that could be used in map control. gardless of the weighted evidence that other points
A survey that is subordinate to or based on a and lines would provide better control. Each map
larger survey. A good example would be a survey was drawn with no consideration to abutting data.
of a lot in a subdivision, the subdivision survey Often, the U.S. Public Land Survey was employed
would be the primary survey; the survey of the lot at the control base; all other cadastral data was
would be a secondary survey. adjusted to fit the section lines. Some maps were
The eight Generations of Control. The authors clas- constructed by plotting one deed, and then build-
sification of the various levels (or stages) of control ing onto that deed polygon by plotting abutting
now employed, or that were at one time employed deeds, and so on. Surveys were rarely used.
in the cadastral map system. Generations one Second Generation Control. This was a slight im-
through six are in order of the quality of control; provement. The U.S. Public Land Survey became
beginning with the lowest quality. This order of the base, then section corners and section subdivi-
classification generally parallels the chronological sion corners were adjusted to conform to some of
order of employment in the cadastral map system; the cadastral surveys.
the sixth generation being the level of control now
Third Generation Control. This level of control was
employed by the Department of Revenue. Levels based entirely on U.S.G.S. horizontal control with-
seven and eight are considered superior approach- out regard for the cadastral surveys executed by
es to map control to those now employed. the governmental and private survey agencies.
Trilateration. A method of surveying in which the Fourth Generation Control. This could be considered
lengths of the sides of triangles are measured. as a scientific approach. It is like sixth generation
control, except that it is based on a random selec-
tion of horizontal survey data.
DEVELOPMENT OF MAP
Fifth Generation Control. Control at this level is
CONTROL generated from aerial photos or orthophotos (or
both) employing good horizontal and vertical
What type of map control will provide us with the ground control. This level is excellent for many
best ftamework upon which a cadastral map can be map purposes because, in a geographic sense, the
developed? Since the inception of the cadastral map spacial relationships of cultural and natural physi-
program a considerable amount of thought, time cal features are very accurate. However, when re-
and money has been invested in developing map lated to cadastral needs it falls short of supplying
control. The Department of Revenue and the coun- the monuments corners, measurements, and lines
ties have tried various systems of control. These upon which the deeds are based.
are listed below. Most of the early approaches Sixth Generation Control. This level requires the
to control failed to solve such problems as gaps, use of all available horizontal survey data to
overlaps, loss of meridian, accumulative error, establish map geometry. It employs the analyti-
mismatching at map borders, etc. Once a scientific cal bridging techniques, fifth generation control
approach was employed at the sixth generation of (when available), and the State Plane Coordinate
control, most of the traditional cadastral map prob- System. Moreover, it has been refined to include
lems were eliminated. computer-assisted mapping applications. Under
12-4
this system, control is generated over wide areas, photogrammetry, geodetic control data, and map
and is plotted on 8 x 3 sheets of polyester film. data in digital form. The chart of figure 12-1 shows
The system is as applicable to one section map as it the reference sources for major cadastral elements
is to control of many sections. and cadastral detail. The following list of agencies
Seventh Generation Control. Generations five and and addresses includes a. brief description of their
six are employed here. This level of control would surveying and cartographic activities.
include full vertical control as well as full hori- U.S. Forest Service USFS
zontal control of all major cadastral elements. It P.O. Box 3623
is superior to the preceding levels because at this Portland, OR 97208
level any uncontrolled points would be located by
Ph. Maps 221-3765; Orthophoto 221-2927
field survey.
Maps of national forests, wilderness areas, planimetric
Eighth Generation Control. This level would incor-
15 quads, primary series 7.5 quads, aerials photo of
porate fifth and sixth generation control proce-
dures. In addition, the State Plane Coordinate grid, national forests.
U.T.M and geodetic coordinates would be applied. U.S. Corp of Engineers USCE
It would employ full use of the National Horizon- P.O. Box 2946
tal Control Network with a positional accuracy Portland, OR 97208
specification not exceeding 1 part in 100,000 (or 1: Ph. 221-6473
100,000). Note: At present much of the NHCN is used
in the sixth generation of control. Maps of dams, reservoirs, navigable waterways, flood plain
study areas. Various aerial photos 1936 to present.
This categorization is not to imply that any of the
above methods of control are the ultimate. It is al- Bonneville Power Administration BPA
most certain that control procedures will improve P.O. Box 3621
as photogrammetic and land survey techniques ETLK
improve. Moreover, computerassistedmapping Portland, OR 97208
(CAM) is destined to change much of our outlook Ph. 234-3361 ext. 4643
on the control problem. Transmission line maps (containing excellent survey
control data & coordinate data). Low altitude photogra-
phy along trans. lines.
MAP COMPILATION
Bureau of Land Management BLM
The first step in map compilation is the acquisition (729 N.E. Oregon)
of all horizontal survey information. The word P.O. Box 2965
all is meant to be all encompassing. In other words, Portland, OR 97208
every U.S., state, county, city, and private survey Ph. 231-6273
(obtainable) must be considered in establishing U.S. survey notes & plats (GLO & BLM). State of Or-
cadastral map control. All other reference material egon maps showing contours, county bdrys., highways,
should be obtained at this time (i.e., aerial pho- surface mineral and management status. Photo. of BLM
tography, harbor charts, triangulation diagrams, lands; photomaps of Medford Dist; Orthophotos of Eu-
quadrangle maps, etc.). The residual benefit of gene Dist.
such a broad range of cadastral reference material
is that you are building a reliable reference library Soil Conservation Service SCS
for geographic names, contours, elevations, hy- Federal Building
drographic features, vegetation features, cultural 1220 S.W. 3rd Ave., (16 floor)
detail, physical features, demography, etc. Portland, OR 97204
Ph. 221-2794
Reference Sources Soil-type maps and reports. Aerial photo. of agricul-
tural lands.
Many federal, state, county, and city agencies are
engaged in surveying and mapping. A large per- Oregon State Forestry Dept. OSFD
centage of the material produced by these agencies 2608 State Street
has usable reference material for cadastral maps, Salem, OR 97310
e.g., maps, charts, survey notes and data, aerial Ph. 378-2504
12-5
Maps of forest protection units, transportation, land Collection of State, Federal, private and local agency
manage. units, township aerial photo maps. High and maps. Aerial photos.
low altitude pholography.
Environmental Remote Sensing ERSAL
and Applications Lab.
Geology & Mineral Industries OGMI
Oregon State University
1069 State Office Bldg.
Corvallis, OR 97331
Portland, OR 97201
Ph. 754-3056
Ph. 229-5580
USGS maps; topo, geologic, mineral resource maps. Aerial photo.; remote sensed data. Landstate MSS
Geologic hazards maps. Geothermal, geophysical, rock &RBY imagery. Skylab imagery. NASA high altitude
resource, oil and gas deposit maps. (U2) aerials photo; lack & white & color infrared.
Map Room - Kerr Library OSU
Land Conservation & Development LCDC
Oregon State University
1175 Court Street NE
Corvallis, OR 97331
Salem, OR 97310
Ph. 754-2971
Ph. 378-4926
Maps of Oregon Coast (estuaries, forests, beaches, and Maps from federal, state, private, and local agencies.
dunes) and Pacific NW land resources inventory (land SCS & ASCS photography.
use, land ownership, energy, watersheds, soils).
Cartographic Service OSU
Division of State Lands Dept. of Geography
1445 State Street Oregon State Umversity
Salem, OR 97310 Corvallis, OR 97331
Ph. 378-3805
Ph. 754-3141
Maps and data on submerged and submersible lands;
navigable status of Oregonlr waterways, etc. Cartographic facilities, services & assist.
Oregon Department of Transportation ODOT Map Room UO

Map Distribution, Rm. 17 University of Oregon
Transportation Building 165 Condon Hall (basement)
Salem, OR 97310 Eugene, OR 97401
Ph. 378-6255 or 378-6256 Ph. 686-3051
Right-of-way maps. Highway & road index maps. City Large collection of maps & aerialphotos. Aerial photo
maps. Aerial photos. archives (200,000 on file)
Water Resources Dept. WRD Oregon Department of Revenue DOR

555 13th Street NE Assessment & Appraisal Div.
Salem, OR 97310 Urban-Rural Mapping Unit
Ph. 378-3671 or 378-8453 Revenue Building
955 Center Street NE
Maps of Drainage basins, water rights, adjudication, Salem, OR 97310
watersheds, flood plains, thematic. USGS for sale. Ph. 378-3381; Mgr. at ext. 8-8218
Cartography Center PSU Cadastral maps. Taxing district boundary information.
Portland State University Cadastral map standards Timber-type maps (not main-
Cramer Hall tained). Some aerial photography Digital map file on
Portland, OR 97207 part of Coos and Douglas County. Various historical
Ph. 229-3916 maps. U.S.G.S. quad file, 15, 7.5 advanced and final
Cartographic facilities; map-related service, instruction, (for ref. only). Microfilmdeeds, some co. surveys, BLM
and assistance. surveys (all), and old assessment rolls. Some 1/2 =
I mile county maps. Legal file on various real prop-
Department of Geography PSU
erty problems, i.e. ownership, submerged & submersible
Portland State University
lands, assessment, roads, easements, etc.
Cramer Hall
Portland, OR 97207 National Cartographic Information Center
Ph. 229-3916 NCICW
12-6
Western Mapping Center Ph. 202-343-7435
U.S. Geological Survey
Division of Cadastral Survey BLM/DCS
345 Middlefield Road
Bureau of Land Management (420)
Menlo Park, CA 94025
Washington, D.C. 20240
Ph. 415-323-8111 ext. 2427
Ph. 202-343-8205
Maintains information base on the location and availabil-
Bureau of Mines BM
ity of cartographic data. Sells copies of land use and land Mine Map Repository
cover maps, maps of political units, hydrologic units, cen- Denver Federal Center
sus county subdivisions, federal land ownership. Denver, CO 80225
National Cartographic Information Center NCIC Ph. 303-234-4181
U.S. Geological Survey Bureau of Reclamation BR
MS 507 National Center General Services Division
Reston. VA 22092 Chief, Publications & Photo Branch
Ph. 703-860-6045 7442 Interior Building
National information service to make cartographic data 18th & C Streets, NW
easily accessible, i.e. maps, charts, aerial imagery, space Washington, D.C. 20240
imagery, geodetic control, digital data, cartographic Ph. 202-343-4683
publications, etc. Bureau of Census BC
National Geodetic Survey Info. Center NOS Users Services Staff
National Ocean Survey Data Users Services Division
National Oceanic & Atmospheric Admin. Washington, D.C. 20233
Rockville, MD 20852 Ph. 301-763-2400
Ph. 301-443-8631 or
Geography Division, BC
National network of horizontal and vertical control (same address)
available (write.- Attn. National Geodetic Info. C18).
Technical publications (Attn. Physical Science Services Department of State USDS
C513). Map Library (Attn. Map Library C513). Dop- Office of Geographer
pler geodetic surveys (C18), tide information (C3), Bureau of Intelligence & Research
aerial photos C3415). Coast mapping (C34). 8744 State Department Bldg.
2201 C Street, NW`
U.S. Dept. of Agriculture USDA Washington, D.C. 20520
Aerial Photo. Field Office Ph. 202-632-1428
Geometrics Service Center
PO Box 30010 Division of Realty FWS
Salt Lake City, UT 84107 Fish & Wildlife Service
555 Matomic Bldg.
Provides aenal photo and satellite imagery. Geometron- 1717 H Street, NW
ics service in support of National Forest management Washington, D.C. 20240
activities. Ph. 202-343-4676
User Service EROS U.S. Forest Service USFS/PO
EROS Data Center Publications Office
U.S.G.S. Office of Information
Sioux Falls, SD 57198 Washington, D.C.
Ph. 605-594-6511 Ph. 202-447-3957
Provides access to imagery from landstat, skylab, (for aerial photos try)
U.S.G.S. aerial photography, NASA aircraft data, U.S. Forest Service USF
remote sensing products, and training. P.O. Box 2417
Bureau of Indian Affairs BIA
Ph. 703-235-8638
Public Information Office
18th and C Street NW Office of Communications NPS
Washington, D.C. 20245 National Park Service
12-7
3043 Interior Bldg. NCIC/Oregon Station
18th and C Streets, NW Oregon State University
Washington, D.C. 20240 Marine Science Center
Ph. 202-343-6843 Newport, OR 97365
Soil Conservation Service SCS/EPB Ph. 867-3011
Education & Publication Branch Info. for coastal management-scientific and tech. data.
Information Division Some maps.
U.S. Department of Agriculture
Washington, D.C. 20250 Secretary of State
Ph. 202-447-5063 136 State Capitol
Salem, OR 97310
Government Printing Office GPO
Ph. 378-4139
Assistant Public Printer
(Superintendent of Documents) Info. on annexations
U.S. Government Printing Office
Secretary of State
N. Capitol and H Streets, NW
Washington, D.C. 20402 Archives Division
Ph. 202-275-3345 1005 Broadway NE
Salem, OR 97310
Library of Congress
Geography and Map Division Historical maps. Microfilm of deeds and other county
845 S. Picket St. records.
Alexandria, VA 22304
Ph. 202-370-1335
National Archives & Record Section NA
PRODUCT &
Cartographic Archives Div. INFORMATION SOURCES
Archives Bldg.
Pennsylvania, Ave. at 18th NW The following guide will assist you in locating
cartographic, photogrammetric, and technical in-
Ph. 202-523-3062
formation. ORS means the data is contained in the
Maps, charts, technical data, aerial photography associ- Oregon Revised Statutes; CA = county assessors
ated with specific agency responsibilities. office; CC = county clerk; CS = county surveyor;
Pacific Marine Center NOS/NOAA CE = county engineer; CRD = county road depart-
NO Survey ment; RR = railroad company; PS = private survey-
NOAA ors; TC = title company. The other acronyms are
1801 Fairview Ave., E. listed with the preceding agency addresses.
Seattle, WA 98102
Ph. 202-442-7657 INFORMATION OR PRODUCE OBTAIN OR
PRODUCT AGENCY REFER.
Nautical Chart Sales (includes of estuaries) and geo-
Aerial photography Most U.S. agencies
detic data. OSFD OSFD
OGMI
Real Estate Division ORED
(some) DOR
Oregon Dept. of Commerce (county-wide) CA
Commerce Bldg. DSL
158 12th St. NE DOT DOT
Salem, OR 97310. OSU
(over 200,000 on file) UO
Ph. 378-8422
EROS
lnfo. on subdiv. control and on condominiums. (some) SS/AD
12-8
INFORMATION OR PRODUCE OBTAIN OR INFORMATION OR PRODUCE OBTAIN OR
PRODUCT AGENCY REFER. PRODUCT AGENCY REFER.
Aeronautical charts NOS NOS County roads CS

Beach vegetation line DOT DOT DOT
ORS CRD
CE
(some) DOR
(on cadastral maps) CA
(some data) DOR
Boundaries, taxing
CA
dist. Donation land claims BLM BLM
CC (microfilm) DOR
DOR (survey field notes CC
DOT or) CS
SS (on cadastral maps) CA
(cities of 2500 or (good survey ties) BPA

BC GPO
more) (survey ties) PS
Boundaries, property (Deeds) (survey ties) RR
PS Deeds CC
(All on cadastral maps CA
CA
& records)
(some on microfilm) DOR
CS
(on microfilm) SS/AD
(some on r/w maps) BPA
Digital map file DOR DOR
(some on r/w maps) DOT
Lane Co. CA
(submerged &
DSL Marion Co. CA
submersible lands)
Boundaries, state ORS Estuary data DSL DSL
Boundaries, county ORS (some) DOR

Federal lands BLM BLM
CS
NASA NASA
Boundaries, state parks DOT
(Forests) USFS USFS
Boundaries, natl parks NPS NPS
(National parks) NPS NPS
Cadastral maps DOR DOR (State map of BLM
BLM BLM
DOR CA lands)
(U.S. map of BLM
BLM BLM
CA CA lands)
TC Flood plain maps WRD WRD
NOS NOS
Census data BC BC
SCS SCS
SS
USCE USCE
City maps LCDC
USGS USGS
DOT DOT
Forest maps (U.S.) USFS USFS
(some(historical) DOR (state) OSFD OSFD
Planning Commissions Geodetic control BLiML BLiM
City streets cities data CS CS
CS USCE USCE
(ded. on subdiv.) CC USGS USGS
DOT (Horiz. & vert. net) NOS NOS
Channels (nav. waters) USCE USCE (some) NOS DOR

Geologic maps USGS USGS
DSL
OGMI OGMI
Contours USGS USGS
UO
NOAA NOAA
NOS NOS OSU
12-9
INFORMATION OR PRODUCE OBTAIN OR INFORMATION OR PRODUCE OBTAIN OR
PRODUCT AGENCY REFER. PRODUCT AGENCY REFER.
Geographic names USGS USGS Railroads RR RR

(streams) WRD WRD (good file) RR DOR
(highways and rds) DOT DOT (some) CS
(cities) Oreg. Bluebook (intersect R/W) BPA BPA
NOS NOS (intersect R!W) DOT DOT
Geographic maps NOS NOS Reservoirs USCE USCE
(land use) USGS USGS (general) WRD_ WRD
Harbor lines USCE USCE Riparian rights DSL DSL
USCE DSL (some data) DOR
(some data) USCE DOR Soils SCS SCS
Highways (state) DOT DOT CA CA
FHWA FHWA Subdivisions CA
(some) CE (official file) PS CC

(ref.) ORED
(some) CS
(survey info.) CS
ODT DOR
(present ownership) CA CA
(on Indian lands) BIA BIA
(approval) CS
(on federal lands) FHWA FHWA
(approval) CA
(map/U.S. system) FHWA. _ GPO
Topographic maps USGS USGS
Hydrographic NOS NOS
OSFD OSFD
USCE USCE
NASA NASA
USGS USGS
WED WRD
(beach erosion) USCE USCE
(some)
(tidal data) NOS NOS
Transmission line DOR
Indian reservations
surveys BPA BPA
(land surveys) BIA BIA
(some) BPA DOR
Land use USGS USGS
SCS SCS
Triangulation data USCE USCE
ERSAL ERSAL
NOS NOS
(& planning USGS USGS
commissions)
NOS DOR
LCDC
NOS CS
Mines BM BM
DOT DOT
(surveys) BLM BLM
BPA BPA
(microfilm) BLM DOR
PS PS
(surveys) PS
Taxing dist. boundaries DOR
(surveys) PS CS
CA
(deeds) CC
CC
Meander lines ELM BLM
DOT
BLM DOR
SS
DSL Township & section
CS lines BLM
Nautical charts NOS NOS USGS BLM
USCE USCE USGS
Ownership data (deeds) CC (R/W maps) BPA
CA PS BPA
CS PS
(state hwy.) DOT DOT (microfilm) BLM DOR
(submersible/ (or GLO) BLM CS
submerged) DSL DSL Water rights WRD WRD
(along R(Ws) BPA BPA
(RR) RR RR
12-10
Analyzation of Data are several possibilities here. These are outlined in
Chapter 6 (Surveys and Surveying).
After the surveys have been obtained they should
be reviewed to determine which are primary sur- It is possible that the survey traverse merely needs
veys and which are secondary surveys. The surveys to be balanced. Or, possibly the surveyors deflec-
and their controlling elements should be indexed tion angles and distances agree with the abutting
on a grid of the area to be mapped. For example, surveys; only the bearings are different. In such
assume that the area we are mapping is of sections cases it is possible that the surveyor has failed to
1, 2, 11, and 12. The survey index (figure 12-2) need convert the magnetic azimuth to true azimuth; or
be nothing more than a sketch of the section lines, possibly it is only his base meridian that is in error.
boundaries of surveys, corners located by survey The main point to remember is do not ignore the
and coordinates, subdivision names, county sur- survey just because it fails to agree with abutting infor-
vey numbers, etc. The secondary surveys are noted mation. Moreover, do not ignore all of the informa-
and circled. tion of a survey just because part of the survey is
found to be in error.
The rough index provides a plan for bridging the
major components of this area. It also shows where ExplanationHorizontal Control
information is missing. Figure 12-2 illustrates the
importance of considering all surrounding surveys Elements. Analytical Bridging
when developing control. For example, if our ob- In the surveying and mapping of large areas the
jective were to draw only section 12, it should be exact curvature of the sea level surface of the earth
obvious that it would be a mistake to ignore the must be taken into consideration. For this reason,
surveys of the abutting sections. Therefore, our the basic surveys of the U.S. are called geodetic sur-
compilation of surveys must extend beyond the
veys. There is an intricate net of precise geodetic
boundaries of the area being mapped.
surveys over the U.S. It comprises the equivalent
The next step is to compare the surveys to de- of about a dozen eastwest arcs of triangulation
termine which are in harmony and which are and about thirty north-south arcs, although they
maverick surveys. Once this is done the maverick are by no means in a regular pattern, as this state-
surveys should be analyzed to see why each survey ment infers. The aim has been to have the main
does not agree with abutting survey data. There arcs spaced at regular intervals over the country
12-11
Figure 12-2
INDEX OF SURVEYS
12-12
and to have intermediate areas well covered with nated with the national net as if the more complex
supplementary. arcs, and area triangulation. This geodetic coordinates were used. Yet, latitudes and
precisely determined network serves as a basis for longitudes can be derived with little difficulty
intermediate and local surveys and for all kinds of should the need arise.
geodetic cartography.
Figure 12-4 is an example of horizontal control data
Latitudes and longitudes have thus been deter- available from the U.S. Department of Commu-
mined for many thousands of marked stations nerce (NOAA). The data includes latitude and lon-
scattered over the U.S. Surveys of small areas may gitude, plane coordinates of the stations, a detailed
be based on any of these marked points at any time description of the location of each triangulation
with the assurance that they may be correctly co- station, and the lengths and azimuths of the lines
ordinated in position with all precise surveys and between contiguous stations. This information is
maps of the entire country and with all local sur- also on file in the Oregon Department of Revenue.
veys so connected. The permanency of the results One important caution should be observed. Be
of surveys thus connected to the national net is careful not to confuse the geodetic azimuths of direc-
also assured since any marked points that become tions of the lines with the state plane coordinate direc-
lost or that lose their integrity may be duplicated tions. The two kinds of azimuths may differ con-
by new surveys based on nearby stations.2 siderably since the convergence of the meridians is
considered in deriving the geodetic azimuths; but
Figure 12-3 is a section of the Yaquina Head to
the planecoordinate, or coordinate grid, azimuths
Columbia River U.S.C. and G.S. (NOAA) trian-
are strictly rectangular with reference to the central
gulation chart. It serves to illustrate the tight map
meridian (see Chapter 7).
control that can be maintained through use of
such information. Triangulation is a very efficient Now that you understand the triangulation
method for making surveys over extensive areas. network concept, you can visualize a map trian-
It avoids the tedious, time-consuming, expensive gulation net composed of the known points and
operation of measuring the lengths of all lines measurements of the surveys you have assembled.
that enter into a survey. It consists of a system of Moreover, from these known points, angles, and
connected triangles with all angles carefully ob- measurements, it will be possible to compute the
served but with only an occasional length actually missing sides of many triangles. For example,
measured on the ground. Each measured length is from the surveys indexed in figure 12-2 a network
known as a base. By use of these measured bases of lines, angles, and triangles can be derived as
and angles, the. lengths of all other sides can be shown in figure 12-5. From this data many other
computed by trigonometry (as explained in chap- missing triangle sides can be computed. The net-
ter 9 on Map Computations). If the latitude and work, in this case, is enhanced by the BPA and
longitude are known together with the azimuth OSHD highway tie to the Redrock triangulation
to one of the other stations, the latitudes and lon- station.
gitudes of all other points and the azimuths of all
The triangulation station, the BPA survey and the
other lines may also be derived. Moreover, the
highway survey provide ties to the Oregon State
computed sides of such a network would provide
plane coordinate system. This provides the data
ties from every station to all other stations; hence,
needed to compute the x-y coordinates of the other
in figure 12-3, lines could be drawn between all
points of our network. Plotting these points will
triangulation stations to produce a very extensive
be a simple exercise of measuring the x and y dis-
network of lines representing known distances
tances from the coordinate grid points.
(measured and computed).
The application of triangulation procedures to de-
Triangulation is a simple method when used over
velop cadastral map control is known as analytical
small areas where the earths curvature need not
bridging. It simply means to analyze all available
be considered, e.g., that illustrated in figure 12-3.
survey data, to establish the needed control data,
It is further simplified by introduction of state
and perform the necessary mathematics to estab-
plane-coordinate systems. In connecting the co-
lish needed angles and distances, for bridging cer-
ordinated stations, surveyors and cartographers
tain points and parts of a map area.
can ignore the geodetic factors of the area being
controlled and consider only the plane coordi- To obtain tight mathematical control over your
nates, computing surveys on the simple cartesian geometric network, the lengths of the common
coordinate system. Thus surveys will be coordi- sides of each triangle must agree with the sides
12-13
12-14
12-15
Figure 12-5
12-16
Figure 12-6
12-17
of abutting triangles. Therefore, it is advisable to Plotting The Coordinate Grid
perform a side check for each side of each triangle
critical to control. All side equations should be Before you can begin plotting the x and y coordi-
prepared either in a clockwise or counterclockwise nate points established by analytical bridging, it is
order. When the signs are predominantly plus or necessary to draft the coordinate grid on your con-
minus, the error is sufficient to warrant further trol sheet. We recommend a cartesian grid of 1,000
analysis of the survey data and recalculation. Seri- feet for 1 = 100 scale and 1 = 200 scale maps,
ous errors warrant. a field check by trilateration.3 and a grid of 5,000 for 1 = 400 scale and 1 =
20OU scale maps. The grid tics should be rounded
The trigonometric computations of missing mea- to the thousand foot x, y position, e.g. N 505,000,
surements are relatively simple; however, maver- E 1,250,000 (rather than N 505,200, E 1,250,900.28);
ick surveys will complicate the task of establishing see figure 12-6.
the reliability of available data, thus requiring a
considerable amount of data manipulation. Cer- The edges of the control map must be oriented
tain triangle and quadrilateral sides must be con- to the approximate geodetic cardinal bearings.
sidered as a reliable base for your network. For Hence. they will generally run parallel to the town-
example, bench mark ties of BPA transmission line ship - section grid. This means that the coordinate
easements have proven extremely reliable for es- grid will be on an angle to the edges of the map.
tablishing an accurate base for map triangulation. That angle is commonly known as the mapping
(A word of caution. Although certain governmen- angle (or map angle). It is equal to theta (0) the angle
tal surveys, such as those executed by BPA, have a correction. The mapping angle will differ slightly
reputation for being reliable, they are not infallible. for each map (see Chapter 7). It can be obtained
Therefore. be willing to accept the fact that, on oc- from the horizontal control data sheet (example in
casion, errors will be found in surveys executed by figure 12-4). Figure 12-6 illustrates the difference
even the greatest of survey teams.) between the coordinate arid and the township sec-
tion grid (rectangular survey grid).
Remember, to ensure adequate control of the area
to be mapped, map triangulation must extend to Figure 12-6 also serves to point out one common
points outside that area. error made in positioning a coordinate and on a
control sheet. As the bottom illustration shows, if
Where survey data is not avaiLable to compute the sides the coordinate grid is not correctly located on the
of certain needed triangles (or for that matter -- quadri- sheet, part of the needed township -section grid
laterals), the deeds should be reviewed to see if they can will lie off the map. The top illustration shows the
supply the necessary measurements. same coordinate grid positioned so as to accomo-
date the needed township-section lines.
MAP CONSTRUCTION The location of the grid lines can be planned by

using the State plane coordinate grid of the USGS
quadrangle maps to determine how that grid lies
Map Scale in relation to the township-section line grid. When
using the quadrangle map as a reference for the Oregon
Before plotting map control at I = 200 scale and State plane coordinate grid, take care to not mistake the
I = 100 scale a pilot control map should be devel- UTM or geodetic grid points for State plane coordinate
oped at a scale of I = 400. All horizontal control grid points. Yhe UTM grid is marked off in grads set at
should be plotted at this scale. This method al- 1000 meters; the geodetic coordinates are marked off in
lows you to check control over a wide area, and degrees, minutes and seconds. The Oregon State plane
provides assurance that ail abutting and adjacent coordinate grid is labeled in feet at one point on each
control data has been analyzed and used. Even map boundary, the other grid points being unmarked.
though your final map covers only 1414 of a section, See figure 12-7.
the development of control over a section, several
sections, over even one-half township (as is the Plotting The Control Points
practice in the Department of Revenue Mapping
Unit) should not be considered as a wasted effort. All control points should be converted to the N, E
The development of control over the broader area state plane coordinate values (or the x and y values)
can be used when it becomes necessary to con- so that they may be plotted from the coordinate grid
struct the abutting 1414 section maps. you have constructed on the control sheet.
12-18
Figure 12-7
U.S.G.S. quadrangle used for determining location of State plane coordinate grid, and for determining approximate map angle
(theta, or (9, the correction angle).
12-19
All plotting should begin with what you consider engineering stations of right-of-ways should be
as the most reliable primary survey data. Plot only located and labeled.
by measuring the x and y distances from the coor-
dinate tics. Do not plot by bearing and dimension at Next, note the centerpoint location of secondary
this time. Plotting should follow this order: surveys. This is done by using a red pencil to print
the survey number in the approximate location on
1. Locate coordinated section corners. (This will the control map.
ascertain that all of the township-section and
will be contained on the control sheet.) Completion of the control map involves using pho-
2. Locate the stations of the national control net. togrammetric methods to plot unsurveyed rivers,
creeks, lakes, ponds, ditches, major logging roads
3. Plot the transmission line points and impor-
and other major roads. Use a blue pencil for ripar-
tant ties to 1/4 comers, 1/16 comers, Donation
Land Claim corners, subdivision comers, rail- ian lines and a red pencil for road lines. Be certain to
roads, road intersections, etc. read Chapter 10 before plotting riparian boundaries.
4. Plot the traverse of the state highways and Finally, where several map areas are included on one
secondary highways; locating important ties, control map. use a yellow pencil to outline the final
intersections, etc. Also plot the surveys of map boundaries of each cadastral map. Chapter 2
roadside parks and stockpile sites. provides the rules for determining map boundaries.
5. Plot the traverse of railroads; including side-
The control map should always be retained and main-
tracks and station site survey data.
tained for future control problems. Therefore, it is es-
6. Plot county road centerlines (beginning with sential that you not add unnecessary detail to that base.
the latest road surveyed). For example:
7. Plot any major pipeline or ditch traverses and
ties to important points. 1. Subordinate right-of-way data of highways, county
roads and railroads (such as curve data).
8. Plot subdivision points and lines; beginning
with the largest and most recent subdivisions. 2. Interior subdivision data (such as lot, block and
9. Plot the governmental (federal, state, county street lines, dimensions and numbers).
and city) and private surveys; beginning with 3. Secondary survey points, lines and dimensions.
the largest and most recent. 4. Ownership data.
As plotting progresses, the traverse lines should be 5. Deed boundaries, bearings and dimensions.
added to connect the plotted points. After the lines 6. Tax lot numbers.
are added the bearings and point to point dimen-
sions should be measured to check the accuracy of 7. Code area lines and numbers.
the x and y plotting of points. When survey data 8. Parcel acreages.
conflicts with surrounding data, the conflict must
be. noted on the control map. Map Lift-off
The next step is to check the geometry of your con- Once the map control is completed, each map area
trol map. Orthophotos, aerial photos and reliable is transferred to an 18 x 20 layout sheet. When
topographic and planimetric maps can be used to
tracing the control lines, be sure to center the map
check the, spacial relationships of the map.
area in accordance with the graphic standards
(Chapter 2). All map detailing will be completed
Completing Map Control
on this lift-off (or layout sheet).
At this stage of the map construction operation it is
essential to complete the section line grid; including
meander lines of rivers and lakes, (see chapter 10), MAP FINALIZATION
Donation Land Claim corners and lines, and patent-
ed mining claims. When all survey and reliable refer-
ence data is exhausted, use the DLC-BLM, surveys. Map Detailing
Be sure to identify found corners and coordinated To complete the cadastral map it is now necessary to
comers. Note all comer offsets and discrepancies. plot the supplemental lines, points and data of the
Add survey and survey drawing numbers. All right-of-ways, subdivisions and primary surveys.
12-20
Next, plot the secondary surveys. Although they the ink tracing. On the one hand we fmd excellent
may have little effect on the final outcome of the cadastral cartography lost in a sloppy, inaccurate
map, they do represent official land ownership data; tracing. On the other hand we have seen excel-
therefore, it is essential that they be recorded on the lent tracings of extremely inaccurate maps; as if a
map. The inclusion of this information will simplify pretty picture was all that counted. What we are
the plotting of the deeds because most secondary seeking is a neat, well-executed tracing that accu-
surveys represent existing or future parcels of real rately displays the points, lines and details of the
property. In effect, the survey is a picture of what the cadastral map layout; and in accordance with the
parcel polygon should look like, the deed description graphic standards defined in chapters 2 and 3.
fails to accomplish this. Moreover, in most cases the
survey controls the deed. This is in recognition of the Chapter 11 describes the drafting function of pro-
fact that the office of a deed description is not to identify ducing the final tracing. A supplementary chapter
or locate the land, but to afford the means of identification. will be added to define tracing production by
Most courts rely on intent and on land surveys to accu- computer-assisted interactive plotters (CAMS - on
rately locate the property boundary.4 (Even if the second- Computer Assisted Mapping).
ary survey appears to not represent the lines of any
parcel of real property, it should still be recorded on
the cadastral map. It may represent the boundaries of SPECIAL NOTES
only an interest in real property.)
The system of map control outlined in this chapter
At this point in the map finalization operation the
will work for any cadastral map, regardless of the
deed boundaries should be plotted. In this step we
area covered or the map scale. Moreover, it is as
are developing the inventory of real property. All
applicable in the maintenance operation as it is in
real property must be accounted for. The process
initial map construction.
includes the discovery and location of real prop-
erty, and the solving of deed ambiguities (that is When developing map control for areas abutting
- for assessment purposes - not legal purposes). your first control map, use the State plane coordi-
Note: a supplemental chapter will be supplied on deeds, nate tics of the first control map as the arid base for
boundary control, and legal principles. your abutting map. This will provide some assur-
Before tax lotting and acreage computation it is ad- ance that the maps will match at their borders.
visable to add the tax code area lines and numbers Map control can be greatly enhanced by use of
to the map. Do not treat this process lightly. It is es- computer-assisted-mapping systems (CAMS). The
sential to locate the code lines exactly as they have fact that data entry into CAM systems relies on
been legally established, described, approved, and rectangular coordinates means that the State Stan-
recorded, This must be done accurately to make dard Cadastral Map system is ideally suited for
certain that no taxpayer is being assessed in the CAMS applications. For example, traverse data in
incorrect taxing district. It is as essential to equity bearings, and dimensions can be entered into the
as is any other assessment function. central process unit, converted to x and y coordi-
The final stages of map detailing involve acreage nates, and automatically plotted at any scale by the
computation (see chapter 9) and tax lotting. Tax computer driven plotter. Any data already in x and
lotting is the process of assigning parcel numbers y form can be entered directly and automatically
to & parcels of real property of each map. The spec- plotted. Another advantage of CAMS is that plots
ifications for tax lotting are discussed in chapter 2, can be made at any scale regardless of the scale of
and are described in chapter 3. the original resource. When map control is hand
plotted, the plotting process must be repeated
After the taxiotting is completed, edit the map to
by hand for each scale. When control is done via
see that the information and graphics conform to
CAMS, the work need only be hand plotted once;
the standards and specifications of the standard
cadastral map system. This is often done after the the plotter will automatically reproduce the origi-
tracing has been produced. nal work at any scale (including metric scales).
A supplemental chapter will be provided on CAMS
Final Drawing concepts and application in cadastral cartography.
The last major step in the cadastral map is often 4 See Gubser v. Town, 273 P.2d 430, 202 (Corpus Juris
executed incorrectly. This is the Final drawing or Secondum).
12-21
13
CHAPTER
MAINTENANCE OF THE
CADASTRAL MAP
SYSTEM
13-1
13-2
objective, professional cartographic procedures must
INTRODUCTION be employed to maintain the cadastral maps to:
1. state cadastral map standards;
Proper maintenance of the cadastral map system is
the culmination of all the concepts, principles, stan- 2. be uniform, accurate, neat, and up-to-date with
dards and specifications outlined in this manual. It is all cadastral data.
the one central operation that, if done without, regard 3. be reliable for determining the true area of each
for standards and specifications, can destroy all of the parcel of real property;
time and effort invested in a set of standard cadastral
maps. Needless to say, it seems illogical to spend hundreds 4. retain their usefulness for the discovery, location
of thousands of dollars to develop a set of standard cadas- and identification of real property;
tral maps-only to have them destroyed by irresponsible and 5. display as accurately as possible, the true special
unprofessional cartographic practices. relationship of each parcel of real property;
The deterioration of a county map system is usually 6. retain their usefulness to the governmental and
a slow process. In all cases it begins by disregarding private map user community.
what appears to be small, insignificant elements of the
map standards. This process of elimination contin- To accomplish this objective it will be necessary to cast
ues, but at a steadily increasing rate. It eventually off some of the preconceived rules, about deeds, title,
reaches a point where the cartographer assumes li- and the transfer of real property. Many unnecessary
cense to ignore all standards; including those dealing rules and policies are so imbedded in some offices
with accuracy and maintenance. that some assessment officials view them as beyond
doubt or question. We harbor no illusions that all of
There are several factors that contribute to deteriora- these rules and policies will be discarded; however,
tion of a map system; the basic factor being the failure when your workload is such that you are consider-
to grasp the importance of a uniform statewide ca- ing reducing the quality of the maps, we suggest you
dastral map system. Other contributing factors are: FIRST examine and evaluate the rules dealing with
1. Too much time devoted to the title business. (Mis- acceptance of deeds, chain-of-title, recording, etc.
directed priorities.) The technical procedures used in maintenance map-
2. Shortage of skilled cartographers. If the person ping are identical to those used in the original map-
charged with the responsibilities of maintenance ping. We have left these to the preceding chapters of
lacks adequate cartographic training, he (or she) this manual. The step-by-step administrative map
usually devotes more time to the simple mainte- maintenance procedures vary considerably between
nance tasks and less time to the complex activi- counties. This is expected because the workload,
ties. To justify this order of priority, meaningless staffing, county organizational structures and bud-
rules and policies are assigned the simple tasks gets differ considerably between the counties. It
to make them appear complex; and the actual would, therefore, be impossible to lay out one de-
essential maintenance tasks are explained away tailed maintenance outline that would be applicable
as unnecessary. In most cases this diversionary in every county. Consequently, we will devote this
tactic is so convincing that even the cartographer chapter to those cadastral elements essential to stan-
believes it. dard map maintenance.
3. Out-of-date rules and policies (many of which NOTE: All of the principles and policies defined here
were developed as we have just mentioned un- are presently applied to the maintenance of maps for the
der factor No. 2). thirteen counties contracting for Department of Revenue
map maintenance services. To demonstrate the effective-
4. Managements lack of understanding of the
ness of the map maintenance program, four Department
cadastral map system, standards, concepts and
of Revenue cartographers are maintaining 3,667 maps and
procedures.
99,362 accounts. Most maintenance is within one week of
5. A failure to recognize the principle that each small being current; all is within one month of being current (ex-
element of the map standards have been developed. or cept Wallowa County which is done once a year). Keep in
established for a purpose. mind that the statutory assessment requirements for these
counties are no different than for your county.
This chapter is dedicated to the principle that the
maps are the most essential element of the cadastral The elements of law discussed in this chapter are for
map system not the deeds, chain-of-title, recording, assessment and cadastral mapping purposes only; not
legality of ownership, or the flysheet. To reach this for the dispersal of legal, advice to taxpayers.
13-3
DEFINITIONS Flysheets are not a mandatory part of the standard
cadastral map system.
ACTUAL NOTICE. The knowledge of facts which LAND PARCEL. A contiguous area of land capable of
would naturally lead an honest and prudent person being described in a single description, by a closed
to make an inquiry. traverse; or as one of a number of lots, blocks, town-
ships, sections, or tracts in a subdivision, or of a
ASSESSMENT CADASTRE. The inventory of real township that is separately owned and capable of be-
property, cadastral maps and records, appraisal re- ing separately conveyed. The largest possible parcel
cords, soil class maps, assessment rolls, ownership of land in the cadastral map system is the township
lists, statements of value, etc. Used for the purpose (ownership either all in U.S. or all in the State of Or-
of justly apportioning ad valorem taxes on real prop- egon).
erty.
MEMORANDUM. As used in ORS 93, 640, an instru-
CHAIN-OF-TITLE. In general, a chain-of-title is the ment that contains the date of the instrument being
successive conveyance commencing with the patent memorialized, the names of the parties, a legal de-
from the United States - or from some other source- scription of the property involved, and the nature of.
and including the last instrument of conveyance to The interest created, which is signed by the person
the one claiming title. In the context of this definition from whom the interest is intended to pass, and ac-
an unrecorded deed would be in the chain-of-title, ex- knowledged or proved in the manner provided for
cept in the case where a subsequent bona fide purchaser the acknowledgement or proof of deeds. By ORS
(from the same grantor of the unrecorded deed) re- 93.640(l) a memorandum must contain the true and
cords first. In most legal cases, chain-of-title includes actual consideration paid for such a transfer as pro-
only recorded deeds (however, recording itself does vided in ORS 93.030.
not mean the deed is in the chain). The fact that a
OWNERSHIP. The right of one or more persons to
deed is not recorded (therefore, not in the recorded possess and use the property to the exclusion of oth-
chain-of-title) does not mean that title has not passed ers. However, others may have rights or interests that
to the grantee .of the deed. In absence of a subsequent limit the control of the owner.
purchaser (who has recorded) the grantee of an unre-
corded deed has nearly as good a title as one who has QUITCLAIM DEED. A simple deed conveying any
recorded. Chain-of-title is a matter for title compa- claim or interest in real property that a grantor pos-
nies, attorneys and the courts; not the assessor. sesses. If the grantor possesses any claim to or inter-
est in real property, the quitclaim deed acts to pass
CHANGE IN OWNERSHIP. Includes transfers with- that claim or interest to the grantee. In Oregon a quit-
out valuable consideration by gift, inheritance or op- claim deed (in the form as shown in ORS 93.865) has
eration of law. Ownership means the right to immedi- the effect of conveying whatever title or interest, legal
ate possession under a freehold estate of inheritance, or equitable, the grantor may have in the described
i.e. a fee simple estate or an estate for life. Therefore, property at the date of the deed but shall not transfer
change of ownership would include the creation of a any title or interest which the grantor may thereafter
life estate or a joint interest. A sheriffs deed would also obtain, nor shall it operate as an estoppel. A grantee
constitute a change of ownership, but only after expi- taking title by way of quitclaim deed shall NOT
ration of the statutory period of redemption. Does not merely because of his receipt of title by or through
include a leasehold, license, or easement. such a deed, be denied the status of a good faith purchaser
CONSTRUCTIVE NOTICE. Where there exists actual for value. The State of Oregon, for example, often uses
notice of matter, to which equity has added construc- a quitclaim deed to transfer title. Note: It is possible
tive notice of facts, which an inquiry after such matter for a quitclaim deed to be constructed so as to have
would have elicited; and, where there has been a de- the same effect as a warranty deed.
signed abstinence from inquiry for the very purpose RECORDATION IN OREGON. A recorded deed is a
of escaping notice. notice to the world and to bona fide purchasers of what
appears on its face. The notice, however, is only as
DELIVERY AND ACCEPTANCE. The final condi-
effective as the deed. Oregon law does not require
tions for title to pass. Title does not pass until a deed
the recording of a deed as a condition to pass title
is delivered and accepted during the lifetime of the
(except in the case of subsequent purchasers). ORS
parties.
93.640 provides that: (1) every conveyance, deed, land
FLYSHEET. The record of names of the owners of sale contract or other agreement or memorandum thereof
each parcel of real property on a map. The flysheet is affecting the title of real property within this state which
usually opposite the cadastral map in the map book. is not recorded as provided by law is void as against any
13-4
subsequent purchaser in good faith and for a valuable con- nance. The following is how each is used to maintain
sideration of the same real property, or any portion thereof, the cadastral maps.
whose conveyance, deed, land sale contract or other agree-
1. Receive and analyze copies of official govern-
ment or memorandum thereof is first filed for record, and as
against the heirs and assigns of such subsequent purchaser. ment land surveys, e.g. highway maps, B.L.M.
(2) Every assignment of sheriffs certificates of sale of real Public Land Surveys, etc., to check cadastral map
property on execution or mortgage foreclosure which is not geometry, detail and measurements.
recorded in the records of deeds in the county where the 2. Revise cadastral maps to conform to new gov-
land is situated within five days after its execution is void ernment surveys; recording important lines and
as against any subsequent purchaser in good faith and for measurements on the map. This will simplify the
a valuable consideration of such certificate of sale, or the plotting of the later deeds. In this activity any
real property covered thereby, or any portion thereof, whose remapping should be scheduled for a time when
assignment is first recorded. there is sufficient new survey information to war-
The statute defines one condition necessary to make rant new maps.
the unrecorded deed ineffective. An example of that NOTE: Maps should be revised as soon as possible to con-
condition is where A conveys parcel 1 to B, then A form to any revised B.L.M. resurvey of a township, section
conveys parcel 1 to C and C records his deed first. or subdivision of a section. See Chapter 5.
If C is a bona fide purchaser, Bs unrecorded deed
must yield to Cs recorded deed. NOT, however, 3. Receive and analyze copies of registered land
at the discretion of the assessors office, but as de- surveys filed with county surveyors.
termined by the courts. The assessors office has no 4. Revise cadastral maps to conform to new regis-
authority in such matters. In the above example, C tered land surveys; recording all important lines
is the subsequent purchaser. This situation is not the and measurements on the map. The lines and
norm; moreover, the solutions to such cases are not measurements should be added to the map even
as cut-and-dry as our example implies. Therefore, as- if a deed does not exist to support the survey
sessment rules and policies designed to police such detail. The new survey could be considered as
matters (i.e. recording rule and chain-of-title rule) are constructive notice to the cartographer that a new
not cost-effective. parcel has been created and a deed will follow,
STATUTE OF ANNE. The priority established by that your real property inventory of parcels is in
recording first is a modification to the common law error, or that the survey data is to correct errone-
rule that an estate which a grantor conveys cannot be ous information of a former deed. In this activity
affected by a subsequent conveyance. That modifica- any remapping should be scheduled for a time
tion is known as the Statute of Anne (1708). when there is sufficient new survey information
to warrant the new maps.
TITLE TO PROPERTY. Generally, infers the evidence
of ones right to land and real estate. In legal applica- 5. Receive and review new subdivision plats for ap-
tion it includes the extent of the interest in the land or proval as per ORS 92.095. This must be done before
real estate; the means whereby the owner is enabled any plat can be recorded.
to assert or maintain possession; the right of the own-
6. Analyze the new subdivision survey to deter-
er considered with reference to the manner his right
mine the proper scale to be represented on the
or interest has been acquired, or its capacity of being
cadastral map (unless the area contained by the
effectually transferred. An estate in fee.
subdivision is already mapped at 1 = 100 scale).
NOTE: In law, many of the definitions of the above Do not show new subdivisions on 1= 2,000. or 1=
terms are extremely complex and involve matters 400 scale maps. Most new subdivisions should be
too lengthy to discuss here. The definitions we have mapped at 1= 100 scale as per guidelines provided in
provided, however, will suffice for the purpose of Chapter 2.
maintaining the assessment cadastre.
NOTE: In most cases it will be more economical to map
at 1= 100 scale than to try to add the subdivision to a
OUTLINE OF 1= 400 scale map. Plotting at the larger scale is faster,
and it is easier to record subdivision information on the
MAINTENANCE ACTIVITIES larger scale map than to try to squeeze the data onto an
existing 1= 400 map. The only type of subdivisions ap-
The reference sources listed in figure 12-1 (Chapter plicable to 1= 400 scale maps are subdivisions with large
12) are also the reference sources for map mainte- acreage lots (or acreage tracts).
13-5
7. Revise cadastral maps to conform to new subdi- road right-of-ways. Most right-of-way deeds are
visions; making larger scale maps when needed. preceded by surveys and maps. These should be
Map boundaries must conform to the graphic obtained and processed at activity 1.
standards of Chapter 2. Record all required sub-
18. Receive changes in taxing district boundaries
division information on each map, e.g. lot and
that conform to the provisions of ORS 308.225.
block lines, letters, numbers and dimensions;
boundaries and boundary measurements; initial 19. Revise the assessment cadastre to reflect the new
points; street names, traverse data, and widths, taxing district boundary changes.
and the subdivision name.
Each of the above activities are part of the updating
8. Taxlot each new lot of the subdivision; assigning element of cadastral map maintenance. The main-
each a new parcel number or parcel segregation tenance includes, but is not limited to, updating of
number. Be sure to number the park blocks and the cadastral maps, the parcel identifier, the tax lot
spite strips. (Refer to Chapter 3.) record, the flysheet, and the journal voucher. The up-
dating of additional assessment cadastre records, by
9. Receive and review new condominiums (unit
the mapping section, is acceptable as long as it does
ownerships) for approval as per ORS 91.512.
not interfere with maintenance of the cadastral maps
10. Analyze the new condominiums to determine and supporting map records.
the proper scale to be represented on the cadas-
tral map. See figures 2-45 and 2-46 (Chapter 2). Cadastral Map Upgrading
11. Revise cadastral maps to conform to new con-
Part of the job of the county cartographer is to improve
dominiums; making new larger scale maps (or
the maps. Map updating is one important method of
supplemental maps) when needed. Be sure to
improving the cadastral maps; especially those up-
show and label common areas.
dating activities involving governmental and private
12. Taxlot each unit of the condominium as per surveys. In addition to the use of surveys to improve
Chapter 3. Remember, it is also necessary to assign the accuracy of the maps, map upgrading should
a parcel number to the land designated as common include:
property.
1. Reviewing new maps to spot changes and cor-
13. Honor, receive and review all deeds and other rections that would affect the cadastral maps (e.g.
instruments of conveyance recorded in the county U.S.G.S. quadrangle maps, State Highway Divi-
deed records, or filed with the assessor. sion road and highway index maps, B.P.A. Trans-
mission Line surveys, drainage basin maps, etc.)
NOTE: To honor such records means that you will accept
them as evidence that a revision of the assessment cadastre 2. Reviewing new aerial photography and revising
might be in order. It does not mean that you can always the (non-surveyed) cultural and natural features
act on the instrument. TO NOT HONOR A DEED BE- on the cadastral maps to conform to the new
CAUSE IT IS UNRECORDED IS TO REJECT A REF- photography. Special attention should be given
ERENCE SOURCE THAT IS NOT ONLY LEGAL, BUT to the natural features associated with the ripar-
VALUABLE TO THE ASSESSMENT CADASTRE, An ian boundaries. (See Chapter 10.)
unrecorded deed is constructive notice to the assessor that
3. Reviewing complaints about the cadastral maps
the interest in a parcel of real property is changing. Refec-
and records. Be cautious of verbal taxpayer
tion of the deed by the assessor does not alter the legality of
claims based on adverse possession, or possession;
a property transfer.
these are matters for the courts.
14. Revise the cadastral map to conform to new
4. Correcting maps and records when the evidence
information supplied by a new deed. Revise as-
supports a correction. Surveys executed by private
sessment cadastre to reflect new changes in the
persons that are not registered surveyors or registered
ownership of real property, i.e. name changes.
engineers are not acceptable evidence for making map
15. If the deed represents a new parcel of land, com- changes.
pute the area of that parcel (in acreage) and as-
5. Remapping areas where the map life has expired
sign it a parcel number.
and/or where new data supports such remapping.
16. Receive new right-of-way deeds, vacation ordi- All remapping should be carefully planned and
nances, right-of-way abandonments, etc. coordinated with the staff of the assessors office.
17. Revise the assessment cadastre to reflect the NOTE: When remapping it is common to encounter situ-
new changes in highway, street, and county ations where the border areas do not match the abutting
13-6
existing maps (because the existing maps were based on The new surveys also offer the BEST chance of suc-
out-of-date information). If you are sure the borders of your cess in establishing the true location of property lines
new maps are correct, do not attempt to adjust either the on cadastral maps. This is because the surveys are
new maps or the existing maps. Merely note the conflict executed by a professional who possesses the skills
on the existing maps and adjust the borders when they are and abilities of the science of boundary measure-
remapped. ments, boundary control, and the legal principles as-
sociated with surveying. The survey of the registered
PRINCIPLE. Confine remapping to a planned area.
land surveyor has not been executed with the same
Abutting areas can be corrected when they are re-
indifference, verdancy, and negligence that is re-
mapped.
flected in many deeds. The surveyor usually executes
In conclusion, your central maintenance function is his (or her) survey armed with all the documentary
to show the up-to-date location of the lines of real evidence that is available. The resulting survey is the
property on the map, and in the exact same geomet- conclusion of the facts, evidence, field measurements
ric proportions as the lines exist on the ground; and and professional observations.
to maintain an inventory of real property and real
property ownerships and special interests. There Surveys vs Deeds
should be no rules, regulations or policies to prevent
performing that function. It is important to understand that our emphasis on sur-
veys is not to dispose of the importance of deeds, but
to convey the concept that surveys provide the informa-
USE OF SURVEYS TO tion needed to display accurate special relationships
of overall map geometry and of the interior polygons.
UPDATE AND UPGRADE The deeds cannot provide that quality of information as
consistently as the surveys. But the deeds tell us who
CADASTRAL MAPS owns the interior polygons, and they provide many of
the essential elements needed to establish title. In other
In this section we are placing special emphasis on words, the survey and deed each play an important part
surveys because they are presently being ignored in in the cadastral map, and for the most part should not be
most county map maintenance operations. In such played one against the other by the cartographer. This
cases matters of title seem to consume the time that must be left to the courts.
should be allocated to map updating and upgrading
by surveys. To illustrate this concept, figure 13-1 shows the re-
lationship of deeds to surveys. The dimensions are
Surveys are the building blocks of the cadastral map. from a new B.L.M. dependent survey of section 12.
They supply the angular and linear measurements The dependent survey is designed to restore the original
necessary for obtaining accurate map geometry. conditions of the official GLO survey according to the re-
The surveys fortify the cadastral map by supplying cord. The original survey plat showed section 12 to be
substantial evidence that is needed to convince tax- an 80 chain x 80 chain section with 20 chain x 20 chain
payers, attorneys and other map users that the lines, subdivisions. The new survey shows the true mea-
points and measurements are reasonably accurate surements between the corners as they were set in
and reliable. the ground. The deed descriptions were constructed
as though the section was 80 chains square (with 20
In the maintenance operation, new surveys function to
chain square one-quarter quarters).
update and upgrade the cadastral maps. These surveys
supply refined measurements that are the result of new In such cases the deeds will suffice to afford the means
surveying technology. It seems absurd to ignore such a of identification. The courts would say that the deed
wealth of information as that provided by new govern- descriptions were adequate to pass title. But as far as
mental and professional private surveys. Yet some car- defining the exact location and size of each parcel, the
tographers seem content to waste time wrestling with courts usually rule that the deeds yield to the survey.
the problems of deed ambiguities when their task could In our example, the differences between the original
be simplified by using the survey. What these cartogra- and new surveys seem inconsequential. However,
phers fail to understand is that the survey usually pres- such differences have often resulted in costly, time
ents a clear picture of what the author of a deed has had consuming litigation between owners; sometimes,
a difficult time expressing verbally. It has been proven with the assessor in the middle. Moreover, it is the
that a professional cadastral cartographer, armed with a seemingly unimportant differences that, if ignored can
survey plat, can usually plot the boundaries of a parcel result in many cartographic headaches. On the other
of land faster and more accurately than when supplied hand, recognition of such surveys does not destroy
with only a deed. the usefulness of the deeds because the intent of the
13-7
Figure 13-1
deeds is clear. If deed vs. survey litigation arises, it is biguous, it is probable that the lines of the survey will
for the claimants and the courts to settle. be considerably different from those of the deed.
PRINCIPLE. The office of a deed description is NOT For example, George Millers deed contained a parcel
to identify or locate the land, but to afford the Means of of land described as beginning at the SW corner of
identification. Identification and accurate location is the the P. Gregg land described in deed volume 19/931.
purpose of a cadastral survey. Sd. point being 256 feet south of the NW corner of lot
2, section 3, T45S, R23W, W.M. Thence east to the west
Therefore, even though the measurements contained bank of the Vanport Slough. Thence continuing along
in a deed description differ from those of the survey, said bank south 370 feet, S 60 E 176 feet, S 23 43 E 381
it does not mean that the deed and survey are in con- feet more or less. Thence leaving said west bank N 87
flict. To be in conflict, a deed would seem to describe W 411 feet more or less to a 112 iron pipe on the north
a boundary different from that represented by a sur- - south center line of section 3. Thence north 600 feet
vey. When this is the case the cartographer does not to the point of beginning. (Fig. 13-2.)
automatically use the survey and reject the deed; or The deed description would not close. Moreover, it
automatically use the deed and reject the survey. But seemed to be in conflict with the properties abut-
he should keep in mind that the survey was probably ting on the east and south. As is often the case with
made because of a defect in the deed. If the defect was ambiguous deeds, a solution was not sought until
considerable, making the language of the deed am- many years after the parcel was purchased. In 1977
13-8
Figure 13-2
13-9
Mr. Miller had the land surveyed and the surveyor to the major routes (especially to highways because
filed his survey with the county surveyor. A correc- highway right-of-way lines are usually property
tion deed could not be filed because the grantor of the boundaries rather than easement lines). See Chapter
Miller parcel was deceased. 8 for information on surveys and plotting.
Assuming that the survey is not faulty, the deed and The new surveys will continue to supply information
survey are not in conflict because the survey is consis- to refine map control, map lines and the measure-
tent with the wording of the deed description - even ments recorded on the map.
though the actual distances of the survey differ from
those of the deed. Rectangular Surveys
The survey of our example seems to agree with aerial The Bureau of Land Management has the authority to
photos, deeds, other surveys, etc. Moreover, it re- execute retracement surveys of townships or partial
solves some of the cartographic problems in this part townships. Figure 13-4 is a dependent resurvey of the
of the cadastral map. It should be used to correct the same township displayed in the original plat shown
boundaries of Millers parcel and the abutting parcels in figure 13-3. This is an official plat representing a
of the cadastral map. It is not necessary to have a cor- retracement and reestablishment survey designed
rection deed to make the change. to restore the corners in their true original locations
What we have done, at this point, is to use the survey (as placed on the ground by the original surveyor).
data to correct the lines of the map. We have not made It would be highly illogical to not recognize the new
a determination of title, legality of title, or legality of survey and leave the boundaries as incorrectly dis-
the survey. These are matters for the courts and/or played by the original plat. This is what the Depart-
the parties involved in any dispute over boundaries, ment of Justice says about use of the surveys:
ownership and title. However, we have analyzed the The statutes reflect the generally accepted rule that a re-
survey to see that it is not in serious conflict with the survey is evidence, although not conclusive evidence, of the
abutting information. In this process it is important location of the original line, and the question of whether the
to have a good understanding of the controlling ele- resurvey accurately retraces the original survey is a question
ments of deed descriptions, and the concept of junior of fact. United States v. Hudspeth, 384 F2d 683, 1967.
and senior rights and the controlling elements of ju-
nior and senior surveys. Although some practical problems may arise, I see no le-
gal reason why the assessor may not employ the resurveys
Surveys of New Parcels in preparation and maintenance of his maps, as the resur-
veys offer the best information available.
If a survey contains lines not shown on a map it could
Surveys made by authority of the United States or the
be a survey such as that in figure 13-2. If it appears
State of Oregon may be considered as evidence in any
to be the lines of a new parcel, the lines and survey
court in this State, and unlike private surveys, need not
information should be added to the map. The lines be attested
should be dashed. Always note the survey number.
When a new deed is filed on the parcel represented The following ruling is very important to cadastral
by the survey, the processing of the deed will be sim- cartography:
plified because the boundaries (from the survey) will Where there is a discrepancy in a government survey,
already be displayed on the map. between the monument and the distances given in the field
It is possible that the survey is to lay out the boundar- notes (or on the plat) the monuments will control.14
ies of some partial interest in the land, or some use of And,
a certain parcel of land (lease, rental, etc.). It is still ad-
visable to use such surveys to update your map. Par- It has ever been held that the marks on the ground con-
tial interest or special uses of part of a larger parcel stitute the survey. The courses and distances are only evi-
of land are good candidates for future sales and/or dence of the survey.15
litigation. The point to keep in mind is that your map As regards boundary disputes between private parties:
should be a record of all cadastral information.
Official government surveys are not open to attack be-
Route Surveys tween private parties in boundary disputes.16
Highways, railroads and transmission lines are con- Use of Maverick Survey
stantly being altered to accommodate safety require-
ments and increased traffic. Therefore, it is a good Nothing in this chapter is meant to imply that every
policy to request notices and surveys of any changes survey is correct or that every survey can be plotted.
13-10
Figure 13-3
But most new surveys are correct, and when not in ments, fees, or other charges required by law to be
harmony with existing information there is an excel- placed upon the tax roll have been paid which have
lent chance that the older information is incorrect. become a lien upon the subdivision or which will be-
When it is evident that the new survey is correct, yet come a lien during the calendar year. This and the
to use it would require replotting a cadastral map responsibilities outlined in the statements of figure
or several maps, we suggest recording the survey 13-4 are what the Department of Justice suggests are
number on the map. Make a side note that the survey the assessors statutory responsibilities regarding
does not conform to the information on the map. File subdivisions. The opinion reads as follows:
such surveys for later use. At that point in time when Or Laws 1965, ch. 393, added a new statute (requested
enough data has accumulated to justify remapping, by many assessors), requiring payment (and even pre-
these surveys will be needed.
payment) of property taxes appertaining to a proposed
subdivision. In the interest of uniformity throughout the
SUBDIVISIONS counties, the forms set out below [Figure 13-5] are
proposed In preparing the forms, consideration has been
ORS 92.095 requires that: (1) No plat shall be record- given to brevity, to the statutory duties of the assessor, the
ed unless all ad valorem taxes and all, special assess- varying situations arising from the time of year in which
13-11
Figure 13-4
the application is made, and the fact that records in both the or unless the party files and records the consent of the party
assessors and tax collectors office are involved 17 that platted the subdivision bearing that name.
When reviewing a subdivision for approval, the car- Therefore, Smythe Court would be unacceptable
tographer should first check to make certain that the where an existing subdivision was named Smith
name complies with ORS 92.090(1). No tentative plan Court. However, if there was no existing Smith
or plat of a subdivision shall be approved which bears a
or Smythe Subdivision the party filing Smythe
name using a word which is the same as, similar to or pro-
nounced the same as a word in the name of any other sub- Court could change the name to Smythe Subdivi-
division in the same county, except for the words town, sion. Another example of an unacceptable subdivi-
city, place, court, addition or similar words, sion name would be Fir Court Subdivision where
unless the land platted is contiguous to and platted by the an existing subdivision was named Fir Court, but
same party that platted the subdivision bearing that name without the name Subdivision.
13-12
The second item to review is the lot and block num- manner, get an opinion from a third party, i.e., the
bering. First, ORS 92.090(l) requires that: All plats county surveyor.
must continue the block numbers of the plat of the same
name last filed. Second, ORS 92.050 requires that: Each Property Tax Law Annotations
lot shall be numbered and each block shall be lettered or
numbered. ORS 92.090 was amended to provide that all, taxes be
paid which have become a lien upon the subdi-
Although P.T.L.A. 92.095 p.1 does not mention streets, vision or which will become a lien during the calendar
it is advisable to see that each street is named (SS 4 of year, before a plat is approved for recording. Does
ORS 92.050) and that the streets and roads are laid this apply to taxes during the calendar year or does
out so as to conform to the plats of subdivisions and it also include taxes due for a whole fiscal year? The
maps of major partitions already approved for ad- Department of Justice has held that the taxes due
joining property as to width, general direction and in for the whole fiscal year must be paid before the ap-
all other respects unless the city or county determines proval of a plat is recorded, since they have become a
it is in the public interest to modify the street or road lien within the current calendar year. In that regard it
pattern (ORS 92.090). The streets and roads held for is not necessary that they become due; it is only that
private use must be clearly indicated on the tentative they become a lien.18
plan and all reservations or restrictions relating to It should be noted here that 92.090(l) does not neces-
such private roads and streets must be shown on the sarily require that the property be segregated in order
plan (SS 2b ORS 92.090). for the taxes to be collected. Rather, it provides for
the payment of the actual taxes which have been as-
ORS 92.050(3) also requires that streets and roads for
sessed against the property or which will become a
public use are dedicated without any reservation or restric-
lien against the property, and provides a means for a
tion other than revisionary rights upon vacation of any payment of an estimate of those taxes or for posting
such street or road and easements for public utilities. a bond to insure that all of the taxes are paid. (Note:
The boundary of the subdivision plat is a registered figure 13-4 contains a suggested form of certification
survey boundary. It should be checked to see that it of subdivisions of plats.)19
does not conflict with the boundaries of the abutting ORS 92.090, as amended by ch. 393, Or Laws 1965,
properties. In case of a conflict the problem must does not require the advance payment of ad valorem
be carefully analyzed to determine whether it is the taxes as a condition of filing the final declaration es-
map, deeds abutting surveys, or the subdivision that tablishing a condominium unless that condominium
is in error. If the conflict cannot be rectified in this creates such interest in land as would bring it under
13-13
the definition of a subdivision (garden type con- ORS 91.512(2) The county assessor of the county in
dominium).20 which the property is located shall approve a declaration or
amendment thereto if: (a) the name complies with subsec-
Do the provisions of ORS 92.095 also apply to the im-
tion (3) of ORS 91.509; and (b) the plat and floor plans
provements located on the land to be divided? ORS
comply with the requirements of ORS 91.515
92.095 makes no distinction between taxes assessed against
the land and taxes assessed against the improvements. ORS 91.509(5) No property shall bear a name which is the
same as or deceptively similar to: (a) the name of any other
Therefore, before the plat is approved all taxes must
property submitted to the provisions of ORS 91.500 to 91.671
be paid.21
and 91.990 which is located in the same county; or (b) the
A plat was submitted to the assessors office for ap- name of any other property or subdivision not submitted to
proval on December 15, 1970. At the time of approval the provisions of ORS 97.500 to 91.671 and 191.990 which
no taxes were a lien on the property. The assessor is located in the same county, unless the name of the property
indicated that the approval would not be valid until includes the word condominium or is followed by the words
after 1-1-71, unless taxes were collected according to a condominium. (formerly 91.530.)
ORS 92.095(2). When the plat was submitted to the
clerk for recording on 1-15-71, he did record the plat ORS 91.515 provides that the person offering a dec-
in spite of the fact that the taxes due during 1971 were laration for recording file an exact copy (certified to
not collected, nor a bond provided under ORS 92.095. be a true copy by the recorder or county clerk) with
Can the county clerk cancel the, plat which he recorded in the county assessor. The floor plans of buildings de-
violation of the statute? The Department of Justice held scribed in the declaration must be recorded simulta-
that he can not. The county clerk, of his own initiative neously with the declaration. The plans must show
cannot cancel the plat. He is merely the custodian of the vertical and horizontal boundaries of each unit in
public records and he cannot destroy such records each building, the location of each unit, the dimen-
without proper authority. It is the court of record which sions of each unit and the common elements acces-
is in charge over its records and it can direct the correction sible to each unit. The plans must include a state-
of clerical errors. The county clerk with the assistance ment of a registered architect, registered professional
of the District Attorney should apply to the circuit land surveyor or registered professional engineer
court in a suit to cancel the plat.22 certifying the plans to fully and accurately depict the
boundaries of the units and floors of the building and
Approval - ORS 92.100 the date of construction of such units and buildings
depicted on floor plans and date plat was completed.
ORS 92.100 requires that: All plats must also be ap- (See ORS 91.515 1979 rev.)
proved by the county assessor and the governing body of
ORS 91-515(3) requires that a plat of the land de-
the county in which the property is located before record-
scribed in the declaration, complying with ORS
ing. This is in reference to the approval of ORS 92.095.
92.080 and based upon a survey, shall be recorded
It does not require approval of any additional subdi-
simultaneously with the declaration. The plat shall
vision elements by the assessor.
show the bearing and length of each line, the initial point
of the survey giving ties to a corner or corners of record or
UNIT OWNERSHIPS to monuments set and found and, the location of all build-
ings, roads, roadways and other improvements. The plat
CONDOMINIUMS must include a surveyors affidavit that complies
with ORS 92.070. Subsection 4 requires the floor plan
ORS 91.506 In order to submit any property to the to be part of the plat. Subsection 5 requires assessors
provisions of ORS 91.500 to 91.671 and 91.990, the approval of amendments to plans and plats before
owner thereof shall record a declaration in the office they are recorded. Such amendments must be accom-
of the recording officer of the county in which such panied by an amendment to the declaration authoriz-
property is located. It shall be executed in accor- ing such amendment to the plat or floor plans. The county
dance with ORS 91.509 and acknowledged by the assessor shall approve an amendment to the floor plans if
owner of the property. the amendment complies with subsection (2) of this section
and shall approve an amendment to a plat if the amend-
Assessors Responsibilities ment complies with subsection (3) of 91.515
ORS 91.512 provides that before a declaration or an Miscellaneous Provisions

amendment may be recorded, it must be approved
by the county assessor, the tax collector and the Real ORS 91.536 requires a deed of a condominium unit
Estate Commissioner. to contain: (1) The name of the property, and the re-
13-14
cording index numbers and date of recording of the If the property is removed from the provisions of
declaration and in case of a staged condominium, ORS 91.500 to 91.671 and 91.990, as provided by ORS
the applicable supplemental declaration. (2) The unit 91.584 and 91.587, the property shall be considered
designation of the unit. (3) Any further details the owned in common by all the unit owners. The respec-
grantor and grantee may consider desirable. tive interest of a unit owner shall be the total of the
fair market value of his unit and common element
ORS 91.561. While property is submitted to provisions of
interest appertaining to such unit immediately before
ORS 91.500 to 91.671 and 91.990, a unit may be conveyed
termination of the condominium. ORS 91.591(l)(1a)
and encumbered and may be the subject of ownership, pos- and (1b) describes procedure for determining the
session or sale and all types of juridic acts Inter Vivos or proportion of any unit owners interest in a condo-
Mortis Causa,23 as if it were sole and entirely independent minium to that of all unit owners.
of the other units of which they form a part, and the cor-
responding individual titles and interest shall be record-
able. Subsection 2 provides that each unit owner shall
Property Tax Law Annotations
be entitled to the exclusive ownership and possession of ORS 92.090 as amended by ch. 393, Or Laws 1965,
his unit. does not require the advance payment of ad valorem
All condominiums have general common elements taxes as a condition of filing the final declaration es-
owned in common by every unit owner, e.g. an tablishing a condominium unless that condominium
elevator in an apartment-type condominium or creates such interest in land as would bring it under
the sidewalks in a garden-type condominium ORS the definition of a subdivision (garden type condo-
91.563 provides each unit be entitled to an undivided minium).
interest in the common elements in the allocation A condominium recorded what purports to be a
expressed (as a fraction or percentage of undivided declaration of unit ownership on December 15, 1971.
interest in the common elements) in the declaration. Neither the county assessor nor the tax collector had
This allocation shall not be altered unless all unit approved the declaration. What legal action should
owners having an interest in the particular common be taken by the assessor? ORS 91.535 requires that
element agree thereto and record an amendment to before a declaration submitting property to unit
the declaration setting forth the altered allocation of ownership may be recorded, it must be approved
each unit having an interest. by the county assessor and the tax collector of the
county in which the property is located. ORS 91.540
The law also provides that the undivided interest in
states that when a declaration is made and approved
the common elements shall not be separated from the
as required, it shall, upon the payment of the fees
unit to which it pertains and shall be conveyed or en-
provided by law, be recorded by the recording of-
cumbered with the unit even though such interest is
ficer. (THE ASSESSOR SHOULD ACT UPON THE
not expressly mentioned or described in the convey-
PROPERTY AS THOUGH NO DECLARATION FOR
ance or other instrument. UNIT OWNERSHIP HAD BEEN FILED.) Since the
ORS 91.581(l). Each unit with its percentage of undivided declaration had not been filed in accordance with
interest in the common elements shall be considered a Par- the law.... it is not a recorded declaration (as far as
cel of real Property, whether leased or in fee simple, subject the assessor and tax collector are concerned). This
to separate assessment and taxation by any taxing unit in would mean that the property would remain on the
like manner as other Parcels of real property. A unit based roll in the ownerships shown prior to approval of the
upon a declaration filed by the owner of a leasehold unit declaration Any unit deeds to the condominium
estate shall be assessed in the name of the unit owner and units shall also be disregarded.
not in the name of the owner of the fee or of the leasehold
estate upon which the declaration is based. NEITHER Unit Ownership Plat Requirements
THE BUILDING, THE PROPERTY NOR ANY OF
THE COMMON ELEMENTS SHALL BE CONSID- At least three copies of the plat, and an exact copy in
ERED A SEPARATE PARCEL FOR PURPOSES OF black india ink on transparent film or linen (of high
dimensional stability) should be submitted to the
TAXATION.
assessor for approval. A transparent film based or
ORS 91.581(4). The Department of Revenue shall have the linen based photocopy will suffice for the black india,
authority to make rules and regulations prescribing meth- ink copy. (The term india ink is used to define any
ods best calculated to secure uniformity according to law black tracing ink, i.e., Pelican T, that is used on film or
in the appraisal and assessment of units constituting part linen tracings.) The engineer or surveyor who made
of a property submitted to the provisions of ORS 91.500 to the original plat must make an affidavit that the trac-
91.671 and 91.990. ing or photocopy is an exact copy of the plat.
13-15
Figure 13-6
13-16
Figure 13-6
13-17
Figure 13-7
13-18
Figure 13-7
13-19
Oregon law requires the plat to be 18 x 24. The copy recorded deeds) have reached a level of importance
to be recorded is required to be on material suitable for that is truly undeserving. The rules about deeds that
binding and copying with strength and permanency as have been formulated over the years by maintenance
a city or county may require under ORS 92.044. It must and clerical personnel have reached such proportions
also be in india ink, and be of a scale that provides clear as to be counterproductive to not only the cadastral
legibility of lettering and lines must be within a 16 x map program but to the entire assessment program
22 area on the sheet; this will allow a one inch margin as well. None of the rules have any effect on the legal-
along each edge of the sheet. The plat may be placed ity of title or the legality of a deed; few have any prec-
on as many sheets as is necessary; however, a face sheet edent in Oregon Law.
and index page is required where the plat is on two or
Principle - Nothing in Oregon Law invests any assess-
more sheets. The plat must meet the requirements of
ment official with the power to establish the legality of
ORS 91.515(3). See p. 364.
deeds in this state.
ORS 91.515(3) requires a plat to include a surveyors
The Department of Justice has held that the assessor is under
affidavit that complies with ORS 92.070, i.e. that he
no obligation to determine the validity of a conveyance.28
has correctly surveyed and marked with proper
monuments the lands as represented, that he marked Department of Justice and Department of Revenue
a proper monument as provided in ORS 92.060 indi- attitudes toward deep involvement in the legality
cating the initial point of such survey, and giving the of conveyances are reflected in the following speech
dimensions and kind of monument, and its location presented by Mr. Donald C. Seymour, Assistant At-
with reference to some known corner established torney General.29
by the United States survey, or giving two or more
A new deed has been recorded which is fair on its
objects for identifying its location and accurately
face, but you know that the new grantee is a shady
describing the tract of land upon which the lots and
operator. Five reputable people tell you that the deed
blocks (or units and buildings) are laid out.
was obtained by fraud. You know that the grantor is
ORS 91.515(4). For the purpose of recording the floor a 95-year old widow and her competency is question-
plans of a building, as required by subsection (2) of able. You also know that the grantor only received
this Act, the plans shall be made part of the plat. $50 for the property and you have it on the rolls as
worth $10,000. There is no question in your mind that
The assessor should get verification from the Real
the grantor could get the property back if she went to
Estate Commission, Co. Surveyor and Planning Com-
court. What should you do?
mission that the unit ownership documents are cor-
rect and officially accepted. In your official capacity there is nothing you can
do. Assess the property in the name of the new grantee.
Note on the Word Declaration Maybe nothing will happen. Always rely on the record. It
will save you a lot of heartache.
You will note that the plat contains the word Dec-
laration. This is not the same declaration referred to ORS 308.215 says that the assessment roll shall con-
in ORS 91.506. The plat declaration is merely a state- tain, according to the best information obtainable, the
ment that the map is a true and correct map of the land name of the owner or owners; or where applicable by
owned, and laid out (by the owners) as Hillsdale Laurels, statute, the name of the agent or representative that
a condominium, being the land described in the surveyors will receive the statement.
certificate of the plat. And, that the owners commit the If the best information available is an unrecorded
land to the operation of the unit ownership law as deed, it must be used.
laid out in Oregon Statutes.
ORS 308.215 requires that the assessment roll also
include a description as required by ORS 308.240.
Floor Plans Nothing in that statute requires chain-of-title, re-
Figure 13-7 (left and right) is an example of a well cording, warranty deeds, etc. Subsection 2 of ORS
prepared floor plan for one of the buildings of Hills- 308.240 contains the wording Where the name of
dale Laurels. the true owner, or owner of record... This implies
that a source other than the record is acceptable to
determine an owners name. The key point of ORS
DEEDS 308.240(2) is that if the property is correctly described, no
assessment shall be invalidated by a mistake in the name of
The treatment of deeds in the maintenance program the owner of the real property assessed or by the omission
is probably the most controversial element of the of the name of the owner or the entry of a name other than
cadastral map system. The deeds (especially the that of the true owner.
13-20
ORS 308.240(l) Real property may be described by However, all that we know for sure is that there was
giving the subdivision according to the United States only a break in the chain of recorded deeds. The asses-
survey when coincident with the boundaries thereof, sor asked if he should change the assessment records
or by lots, blocks and addition names, or by giving and whether he is required to determine the legality
the boundaries thereof by metes and bounds, or by of the transfer.
reference to the book and page of any public record of
The Department of Justice held that if the description
the county where the description may be found, or by
of the property is correct, it will make no difference which
designation of tax lot number referring to a record kept
name, Jane Doe or X, appears on the roll. THE BEST PRO-
by the assessor of descriptions of real properties of the
CEDURE WOULD BE TO CHANGE THE NAME ON
county, which record shall constitute a public record,
THE ASSESSMENT ROLL TO THAT OF THE RECORD
or in such other manner as to cause the description to
be capable of being made certain. Initial letters, abbre- OWNER AS EVIDENCED BY THE LATER DEED.30
viations, figures, fractions and exponents, to designate The deed to X would not be used if it was an old deed
the township, range, section or part of a section, or the being recorded to clear title (this is often the case).
number of any lot or block or part thereof, or any dis- Moreover, many apparent breaks in the chain-of-title
tance, course, bearing or direction may be employed in are the result of errors in the deed description, e.g.
any such description of real property. lot 2, block 5 instead of lot 5, block 2. The above
(2) If the owner of any land is unknown, such land opinion is based on the assumption that this possibil-
may be assessed to unknown owner, or unknown ity has been considered.
owners. If the property is correctly described, no We do not suggest blind acceptance of deeds, nor do
assessment shall be invalidated by a mistake in the we suggest blindly ignoring breaks in the chain-of-
name of the owner of the real property assessed or by title. However, if the conveyance is new and there is
the omission of the name of the owner or the entry of no proof of an error in any part of the deed, go ahead
a name other than that of the true owner. Where the and use the deed to revise the assessment cadastre.
name of the true owner, or the owner of record, of
any parcel of real property is given, the assessment Principle - If the ownership is sufficiently shown in the
shall not be held invalid on account of any error or ir- document, the assessor should accept it. The failure to
regularity in the description if the description would record or the failure to state consideration is a matter con-
be sufficient in a deed of conveyance from the owner, cerning officers other than the assessor.31
or is such that, in an action to enforce a contract to
convey employing such description, a court with ju- Recorded & Unrecorded Deeds
risdiction to grant equitable remedies would hold it
good and sufficient. The rule that unrecorded deeds cannot be used to
maintain the assessment cadastre is ill founded,
(3) Any description of real property that conforms substan- counterproductive to maintenance of the real prop-
tially to the requirements of this section shall be a sufficient erty inventory, and unjustifiable. In general, this rule
description and designation in all proceedings of assess- contends that unrecorded deeds do not contain any
ment and taxation, levy and collection of taxes, foreclosure useful information on property boundaries and the
and sale for delinquent taxes or assessments, and in any ownership of real property. The implication of this
other proceeding related to or connected with the taxation rule is that title does not pass if a deed is unrecorded.
of such property. The fact is, unrecorded deeds can pass title (except in
Nothing in ORS 308.240 requires chain-of-title. the case of subsequent purchasers. See chain-of-title,
recordation in Oregon, and the Statute of Anne defi-
Chain-of-Title nitions at the beginning of this chapter).
Why the heavy reliance on recorded deeds? Why not?
There prevails a rule in some counties that to be legal a Since the beginning of the assessment program the
deed must be recorded. This rule is closely associated with deeds were one of the best sources of ownership in-
the chain-of-title rule that thrives under the misconcep-
formation; and the recorded deeds were right there in
tion that to be legal there must be a chain of recorded
the court house, easy to get to, and always available.
deeds that descend from the first recorded deed to a
Most people who used the deeds naturally assumed
parcel of land to the last recorded deed to that parcel.
that the law required every deed to be recorded. It
In one case the property of Jane Doe was transferred was only natural that, down through the years, rules
to X. The deed did not include Jane Doe as one of the would be designed and compounded to make grant-
several grantors. There was no recorded deed that, ees adhere to the assumed recording laws. Moreover,
conveyed Janes interest in the land. It, therefore, deeds that were not recorded were assumed to be
appeared that there was a break in the chain-of-title. something short of legal. The fact is there are very few
13-21
states that demand that deeds be recorded. Oregon does or a grantee. Failure to make such a statement does not
not place a stipulation that deeds be recorded to be legal, invalidate the conveyance.
however, ORS 93,640 spells out the consequence of not
(4) No instrument conveying or contracting to con-
recording (in the case of subsequent purchasers).
vey fee title to any real estate nor any memorandum
Therefore, although we suggest using unrecorded of such an instrument shall be accepted for recording
deeds as well as recorded deeds to maintain the as- by any county clerk or recording officer in this state
sessment cadastre, we do think it an excellent policy unless the statement of consideration required by this
to inform taxpayers of the importance of recording, section is included on the face of the instrument.
but, do not tell them that their deed is illegal because it is
(5) This section applies to instruments executed on or
not recorded. Recording not required (Opinion 150-25-
after January 1, 1968.
303-01719; 150-25-R-303-0086).
The Department of Justice has held that the assessor
Recording Statutes of Interest report to the District Attorney, any situation where the
monetary consideration has not been properly stated.
See the definition of Recordation in Oregon, at the
beginning of this chapter, for ORS 93.640 on un- In cases where a deed has been recorded without the
recorded instruments affecting title or unrecorded statement of consideration, the assessor should pro-
assignment of sheriffs certificate of sale void as to ceed under ORS 308.316 to obtain the necessary infor-
subsequent purchaser. mation as, to the sale of the property. Cases where the
instrument does not contain the consideration might
MEMORANDUM. In addition to the laws dealing have to be submitted to the district attorney.33
with unrecorded instruments being void as against
subsequent purchasers, ORS 93.640(l) defines memo- Must the consideration be stated on unit deeds
randum as an instrument that contains the date of the of a condominium, which convey only a leasehold
instrument being memorialized, the names of the interest, before they can be recorded? The answer is
parties, a legal description of the real property in- no. Here, no fee title is being conveyed, but only a
volved, and the nature of the interest created, which leasehold interest.
is signed by the person from whom the interest is ORS 93.630. Index of records of deeds and mortgages.
intended to pass, and acknowledged or proved in the
ORS 93.635. Acknowledgement and recording of land
manner provided for the acknowledgement or proof
sale contracts. (1) All instruments contracting to con-
of deeds.
vey fee title to any real property, at a time more than 12
CONSIDERATION. Subsection one of ORS 93.640 months from the date that the instrument is executed
also requires that a memorandum of an instrument con- and the parties are bound, shall be acknowledged, in
veying or contracting to convey fee title to any real estate the manner provided for acknowledgement of deeds,
shall state on its face the true and actual consideration paid by the conveyor of the title to be conveyed. Such in-
for such transfer as provided in ORS 93.030. struments, or memorandum thereof, shall be recorded by
the conveyor of the title to be conveyed. Such instruments,
ORS 93.030. All instruments conveying or contract-
or a memorandum thereof, shall be recorded by the
ing to convey fee title to any real estate, and all
conveyor not later than 15 days after the instrument
memoranda of such instruments, shall state on the
is executed and the parties are bound thereby.
face of such instruments the true and actual consider-
ation paid for such transfer, stated in terms of dollars. (2) Instruments contracting to convey fee title to any
As used in this section, consideration includes the real property as used in subsection (1) of this section
amount of cash and the amount of any lien, mort- shall not include: (a) earnest money or preliminary sales
gage, contract, indebtedness or other encumbrance agreements; (b) options; or (c) rights of first refusal.
existing against the property to which the property
The assessor must recognize a recorded memo as a
remains subject or which the purchaser agrees to pay
property transfer and change records accordingly. He
or assume. However, if the actual consideration
also has to divide the property as per ORS 311.280
consists of or includes other property or other value
(described later in this chapter) where sufficient in-
given or promised, neither the monetary value nor a
formation is presented. The assessor cannot refuse to
description of such other property or value need be
recognize a recorded memorandum as a property transfer.
stated so long as it is noted on the face of the instru-
In the case a memorandum submitted does not state
ment that other property or value was either part or
the consideration, the assessor probably could be
the whole consideration.
compelled to accept filing and make the requested
(2) The statement of consideration as required by subdivision since ORS 311.280 does not specify any re-
section (1) of this section shall be made by a grantor quirements for a division other than that the person
13-22
calling for the division must own or hold a mortgage (2) Failure to contain the statement does not invali-
or other lien, on the part of the area on which he de- date the conveyance and if the instrument is recorded
sires to pay taxes. If the ownership is sufficiently shown without the statement required by this section, the re-
on the document, the assessor should accept it. The failure cording is valid.
to record or the failure to state the consideration is a matter
(3) This section applies to all instruments executed
concerning officers other than the assessor.34
after January 1, 1974.
ORS 93.690. Recording of instruments evidencing
ORS 93.280. Manner of conveyance to create joint
passage of title to land from the United States to the
property rights. Grantor may name himself as one
State of Oregon. of the grantees. Subsection (2) allows two or more
ORS 93.710. Instruments or memoranda creating cer- grantors to name one or more than one of all such
tain interests in realty; effect of recording. persons as grantees.
Conveyances- Laws Deed Descriptions- Laws

Conveyances of lands, or of any estate or interest may The following are the rules for construing descrip-
be made by deed, signed by the person of lawful age tions of any conveyance of real property, when the
from whom the estate or interest is intended to pass, construction is doubtful, and there are no other sufficient
or by his lawful agent or attorney, and acknowledged circumstances to determine it.36
or proved, and recorded without any other act or cer- ORS 93.310(l) Where there are certain definite and
emony. No seal of the grantor, corporate or otherwise, ascertained particulars in the description, the ad-
shall be required on the deed.35 dition of others, which are indefinite, unknown or
However, by common law a deed must be delivered false, does not frustrate the conveyances, but is to be
and accepted before title transfers. (See DOJ of 1331; construed by such particulars, if they constitute a suf-
8-11-70.) ficient description to ascertain its application.
ORS 93.110. A deed of quitclaim and release, of the form ORS 93.310(2) When permanent and visible or as-
in common use, is sufficient to pass ALL THE ESTATE certained boundaries or monuments are inconsistent
WHICH THE GRANTOR COULD LAWFULLY CON- with the measurement, either of lines, angles or sur-
VEY by a deed of bargain and sale. faces, the boundaries or monuments are paramount.
(That is, those boundaries or monuments control.)
ORS 93.120. The term heirs, or other words of
inheritance, is not necessary to create or convey an A monument is a tangible landmark. Some of the tan-
estate in fee simple. Any conveyance of real estate gible objects that are monuments are streams, rivers,
passes all the estate of the grantor, unless the intent lakes, ponds, shores, rocks, streets, alleys, highways,
to pass a lesser estate appears by express terms, or is trees, ditches, etc.; that is - objects that are permanent
necessarily implied in the terms of the grant. in character and found on the land.
ORS 93.130. No grant or conveyance of lands or inter- ORS 93.310(3) Between different measurements
est therein is void for the reason that at the time of its which are inconsistent with each other, that of angles
execution the lands were in the actual possession of is paramount to both.
another claiming adversely. ORS 93-310(4) When a road or stream of water not
ORS 93.180. Tenancy in common, when created; joint navigable is the boundary, the rights of the grantor to
tenancy abolished in this state. the middle of the road, or the thread of the stream, are
included in the conveyance, except where the road or
ORS 93.230. Copy of State Lands Division deed or stream is held under another title.
patent when original is lost.
Keep in mind that subsection 4 relates to descriptions
ORS 93.250. Effect of conveyance creating fee simple that are doubtful - not descriptions that clearly call to the
conditional or fee simple tail. specific line of a road or stream and thence specifically
along that Line of a road or stream. Hence, a description
ORS 93.260. Requires that (1) all instruments pre-
that runs to the left bank of the stream, thence along
pared for the purpose of conveying or contracting to
the said left bank of the stream conveys rights only to
convey fee title to any real estate shall contain on the
the left bank of the stream. On the other hand, a descrip-
face of such instruments a statement in substantially
tion that runs to the bank of a stream, thence up the
the following form:
stream carries rights to the center of the non-navigable
Until a change is requested, all tax statements shall be stream. In the first case it is clear that the boundary is
sent to the following address: the left bank of the river; in the latter - thence up the
13-23
stream leaves a question as to what line of the stream (3) If the grantor desires to exclude any encumbrances
the description was calling for. or other interests from the scope of his convenants, such
exclusions must be expressly set forth on the deed.
ORS 93.310(6). When the description refers to a map,
and that record is inconsistent with other particulars, it
controls them, if it appears that the parties acted with
Special Warranty Deeds
reference to the map; otherwise the map is subordinate ORS 93.855 provides that (1) Special Warranty deeds
to other definite and ascertained particulars. may be in the following form:
See Chapter 7 for information on Oregon Coordinate , Grantor, conveys and specially warrants to
Statutes. ORS 93.320 to 93.380. , Grantee, the following described real property free
of encumbrances created or suffered by the grantor
Warranty Deeds except as specifically set forth herein: (Describe the
property conveyed.)
ORS 93.850 provides that (1) Warranty deeds may be
in the following form: (If there are to be exceptions to the convenants de-
scribed in this section, here insert such exceptions.)
_________________, Grantor, conveys and warrants
to _________________ Grantee, the following de- The true consideration for this conveyance is $______.
scribed real property free of encumbrances except as (Here comply with the requirements of ORS 93.030.)
specifically set forth herein: (Describe the property Dated this _____ day of _______________, 19___
conveyed).
(2) A deed in the form of subsection (1) of this sec-
(if there are to be exceptions to the covenants de- tion shall have the same effect as a warranty deed as
scribed in paragraph (c) of subsection (2) of this described in ORS 93.850, except that the covenant of
section, here insert such exceptions.) The true con- freedom from encumbrances shall be limited to those
sideration for this conveyance is $ . encumbrances created or suffered by the grantor and
(Here comply with the requirements of ORS 93.030.) the covenant of warranty shall be limited to read:
Dated this _____ day of _______________, 19___ That the grantor warrants and will defend the title
to the property against all persons who may lawfully
(2) A deed in the form of subsection (1) of this section claim the same by, through or under the grantor.
shall have the following effect:
(3) If the grantor desires to exclude any encumbrances
(a) It shall convey the entire interest in the described or other interests from the scope of his covenants, such
property at the date of the deed which the deed pur- exclusions must be expressly set forth on the deed.
ports to convey.
(b) The grantor, his heirs, successors and assigns, Bargain and Sale Deeds
shall be forever estopped from asserting that the ORS 93.860 (1) Bargain and sale deeds may be in the
grantor had, at the date of the deed, an estate or inter- following form:
est in the land less than that estate or interest which
the deed purported to convey and the deed shall pass ____________, Grantor, conveys to _____________,
any and all after acquired title. Grantee, the following described real property: (De-
scribe the property conveyed.)
(c) It shall include the following convenants, each of
which shall run in favor of the grantee and his succes- The true consideration for this conveyance is $
sors in title as if written in the deed: (Here comply with the requirements of ORS 93.030.)
(A) That at the time of delivery of the deed the Dated this _____ day of _______________, 19___
grantor is seized of the estate in the property which (2) A deed in the form of subsection (1) of this section
the grantor purports to convey and that he has good shall have the following effect:
right to convey the same.
(a) It shall convey the entire interest in the described
(B) That at the time of the delivery of the deed the property at the date of the deed which the deed pur-
property is free from encumbrances except as specifi- ports to convey.
cally set forth on the deed.
(b) The grantor, his heirs, successors and assigns,
(C) That the grantor warrants and will defend the shall be forever estopped from asserting that the
title to the property against all persons who may law- grantor had, at the date of the deed, an estate or inter-
fully claim the same. est in the land less than that estate or interest which
13-24
the deed purported to convey and the deed shall pass a trustee in trust to secure the performance of an obli-
any and all after acquired title. gation owed by the grantor or other person named in
the deed to a beneficiary.
(3) A bargain and sale deed shall not operate to pro-
vide any convenants of title in the grantee and his By Oregon Law, a trust deed is deemed to be a mort-
successors. gage on real property and is subject to all laws relat-
ing to mortgages on real property except to the extent
Quitclaim Deeds that such laws are inconsistent with the provisions of
ORS 86.705 to 86.795 in which event the provisions
Quitclaim deeds can and do pass title. (Refer back of ORS 86.705 to 86.795 shall control. For the purpose
to our subsection of this chapter on Conveyances of applying the mortgage laws, the grantor in a trust deed
-Laws.) The State of Oregon often conveys good is deemed the mortgagor and the beneficiary is deemed the
title by quitclaim deed where the State has legal or mortgagee. See figure 13-8.38
equitable title to convey. ORS 93.865 provides that
quitclaim deeds may be in the following form. (TAKE The recording and indexing of trust deeds are gov-
SPECIAL NOTE OF SUBSECTIONS 2 and 3.) erned by the statutory provisions applicable to mort-
gages. Therefore, the trust deeds are recorded and
____________, Grantor, releases and quitclaims to indexed in the mortgage records.40
____________ , Grantee, all right, title and interest
in and to the following described real property: (De- The only purpose of a trustee is to establish a fidu-
scribe the property conveyed.) ciary with the authority to sell the property directly
without a mortgage foreclosure. Otherwise, the trust-
The true consideration for this conveyance is $______ ee has no duties of ownership under the trust deed.
(Here comply with the requirements of ORS 93.030.) This is because the trust deed is not a conveyance of
Dated this _____ day of _______________, 19___ property rights similar to other types of deeds. The
trustee only holds legal title for the benefit of the ben-
(2) A deed in the form of subsection (1) of this sec- eficiary in the event that the obligation undertaken by
tion shall have the effect of conveying whatever title the grantor is not satisfied.
or interest, legal or equitable, the grantor may have
The Department of Justice has held that the grantor
in the described property at the date of the deed
of a trust deed is liable for the real property taxes;
but shall not transfer any title or interest which the
therefore, the grantor is the name that should appear
grantor may thereafter obtain nor shall it operate as
on the assessment roll. Lands are not taxable while
an estoppel.
held in trust for Indians by the United States (Mc-
(3) A grantee taking title by way of a quitclaim deed Curdy v. United States. 264 US 484, 44 S Ct 345, 68 L
shall not, merely because of his receipt of title by or Ed 801 1923).41A
through such a deed, be denied the status of a good
Note: A trust deed may contain a provision creating
faith purchaser for value.
the grantee as agent for receipt of the annual tax state-
Note: ORS 93.850 to 93.865 are permissive and not ment as permitted by ORS 311.250.42
mandatory. Other forms of deeds may be used for the
conveyance of real property. Memorandum of Real Estate
Trust Deeds Agreements & ORS 311.280
A trust deed is a deed executed in conformity with Under the provisions of Oregon Laws 1975, ch 618,
ORS 86.705 to 86.795, and conveying real property to any instrument contracting to convey a fee title to
Figure 13-8
13-25
real property at a time more than two months after It is also the State Attorney Generals opinion that not-
the date of execution whereby the parties are bound, withstanding the public record phrase of ORS 3 11 .280(
must be recorded by the grantor within 15 days after 1), under ORS 192.410(4) the documents are public records
execution, and a failure to do so subjects the offender for purposes of the later enacted public records law, and must
to being charged with a Class B misdemeanor. be made available for inspection on request.46 ORS 311.280
simply does not designate such documents as confi-
The Department of Justice is of the opinion that a dential. The Attorney General is of the opinion that the
memorandum must state the consideration to be entitled to statement shall not constitute a public record to mean
recordation. The assessor must recognize a recorded memo as that the mere filing of an unrecorded deed or contract
a property transfer and change records accordingly. The asses- with an assessor does not have the same legal effect,
sor must divide property if a memo is recorded and also if filed i.e., public notice to all, as recording in the county re-
where sufficient information is presented. The assessor has cords provides. That is, it is just a caveat to a purchaser
no right to determine whether an instrument is entitled that the mere filing of an unrecorded document with a
to recordation.43 county assessor does not have the same effect as record-
ing it in the county deed records.
As previously stated, an assessor must divide property
as per ORS 311.280 if a memorandum is recorded. It ORS 311.280 goes on to require: In the case of property
might be argued that a different situation exists where within the jurisdiction of a city or county which has
a memorandum is presented to him for filing, which adopted minor land partition regulations pursuant to
fails to state the consideration. But the assessor would ORS 92.046, the assessor or his deputy shall not divide
probably be compelled to accept the filing and make an assessment unless the person calling for the division of
the division since ORS 311.180 does not specify any assessment has filed with the assessor evidence that the di-
requirements for a division other than that the person vision has been approved as required by such regulations.
calling for the division must own or hold a mortgage or A taxpayer asked to have the assessment of a parcel of
other lien on the part of the area that he desires to pay taxes. real property divided pursuant to ORS 311.280, because
IF THE INSTRUMENT PRESENTED FOR FILING SUF- the property is now sold in portions. However, the tax-
FICIENTLY SHOWS SUCH OWNERSHIP, THEN THE payer refused to submit copies of the contract (which
ASSESSOR SHOULD ACCEPT IT. The failure to record was not recorded) unless he could strike out certain
or the failure to state consideration is a matter concern- parts of the contract and the sales price. In such cases the
ing officers other than the assessor.44 assessor is not required to, divide an assessment.47
ORS 311.280(l) Any person desiring to pay taxes on any Does the failure to obtain approval by the body ad-
part of any real estate assessed as one parcel or tract may ministering minor land partition regulations (ORS
do so by applying to the county assessor or his deputy, 92.046) preclude the assessor from dividing the land
who shall determine the relative or proportionate value and taxes as provided for in ORS 311.280, when the per-
such part bears to the value of the whole tract assessed, son SEEKING THE DIVISION has a recorded deed, an
and shall file his statement thereof with the tax collec- unrecorded deed, a recorded contract or an unrecorded
tor, on which basis the assessment shall be divided and contract? The answer is yes in all cases where the person
taxes shall be collected accordingly. However, the assessor is requesting a division by ORS 311.280. However, this
or deputy shall not be required to divide an assessment un- does not mean that the assessor cannot recognize the division
or minor land partition in preparing the next assessment roll.
less the person calling for the division of assessment owns,
It is also not up to the assessor to decide whether failure
or holds a mortgage or other lien on that part ONLY of such
to obtain the necessary approval of a minor land parti-
area on which he desires to pay the taxes, and has filed with
tion in those cities or counties which have minor land
the assessor a true copy of the deed, contract of sale, mortgage
partitions regulations pursuant to ORS 92.046 voids the
or other instrument evidencing his interest, providing that
transfer stated in the recorded deed, recorded contract,
whenever such instrument is otherwise recorded in or unrecorded contract. IT IS ONLY WHEN A PERSON
the county records, such filing shall not be required. COMES TO HIM TO HAVE THE TAXES APPOR-
When filed with the assessor only, such instrument shall TIONED UNDER ORS 311.280 IS HE REQUIRED TO
not constitute a public record. HAVE APPROVAL OF THE GOVERNING BODY.48
Some county assessors have construed ORS 2 11 .280 Is the assessor required to divide an assessment upon
to mean unrecorded documents filed for tax segre- the request of the owner when the property is leased to
gation purposes are confidential and therefore not two different tenants but where no copy of the lease has
subject to public inspection. Such records, however, been recorded in the county or where no copy has been
are not secret or confidential in nature, and would furnished to the assessor (pursuant to ORS 311.280)?
be available for proper use by other public agencies The assessor may divide the property if he so desires
even if not public records.45 but he does not have to divide the property.49
13-26
preservation of public access to and from transportation
STREET AND terminals and navigable waters.
ALLEY VACATIONS ORS 271.060(2) merely expresses the common law
rule that adjoining owners hold title to the middle of
All street and alley vacations must be made in accor- a street or road. The Baker City Ordinance and the
dance with ORS Chapter 271, whether incorporated first portion of ORS 271.140 also express the same
areas or unincorporated areas. References to the key common law rule. The rule, however, is based on the
vacation statutes are as follows: presumption that the adjoining owners, or their pre-
decessors in title, contributed equally to the road, BUT
ORS 271.010. Vacation procedure in unincorporated WHERE THE FACTS ARE TO THE CONTRARY, AN
areas and in municipalities not exercising corporate EXCEPTION TO THE RULE APPLIES, I.E.:
functions; filing of petition; fee; and notice of hearing.
(Other than state highway or county road.) Principle - Where the street is contributed entirely by
one owner and is substantially vacated, TITLE TO THE
ORS 271.020. Necessity for consent of adjoining own- WHOLE STREET REVERTS TO THE ORIGINAL
ers and holders of interest in vacation of road, high- OWNER OR HIS GRANTEES.51
way, street or alley; vacation without consent; costs
Based on their interpretation of ORS 271.170, that
of search.
Ordinance 2041, section 3 controlled the reversionary
ORS 271.030. Grant of petition. rights policy of the city, the city vacated Park Avenue
(that was entirely in one subdivision, and that was
ORS 271.040. Vacation of townsite or contiguous
dedicated by one person) giving the north one-half
lands which have been laid out.
of the street to the owners of parcels 300 and 400
ORS 271.060(2). A vacated road, highway, street or al- and the south one-half to the owner of parcel 4400.
ley shall be attached to the lots or ground bordering The problem with that action was that the street was
thereon and all right or title thereto shall vest in the dedicated by the predecessors in title of the owner of
persons owning the property on the side thereof, in parcel 4400. See figure 13-9A.
equal proportions, according to the length or breadth
of such lots or around as the same may border on
such road, highway (NOT STATE HIGHWAY), street
or alley. (Clarification supplied) This statute is subject
to the same restrictions as ORS 271.140.
ORS 271-140. The title to the street or other public area
vacated shall attach to the lands bordering on such
area in equal; except that where the area has been origi-
nally dedicated by different persons and the fee title to such
area has not been otherwise disposed of, original boundary
lines shall be adhered to and the street area which lies on
each side of such boundary line shall attach to the abutting
property on each side. If a public square is vacated the
title shall vest as provided in ORS 271.060(3). (See the
subsection of this section on reversionary rights.)
Reversionary Rights
The Baker City case. Baker City ordinance no. 2041,
section 3, provides that:
The vacated property shall vest in the abutting properties
in equal proportions...
The City officials contended that the City Ordi-
nance controls over ORS 271.140, because ORS
271.170 provides:
The provisions of ORS 271.080 to 271.160 are alternative
to the provisions of the charter of any incorporated city and
nothing in those statutes shall in anywise affect or impair
the character or other provisions of such cities for the
13-27
In the Neil v. Independent Realty case, the court held
that the defendant (who had received half of a dedi-
cated street as did parcels 300 and 400 in figure 13-
9A) was not entitled to any part of the vacated street,
as neither the defendant not its predecessors in title
had contributed to the street. The court said:
...The common law rule to the effect that adjoining
owners had title to the middle of the highway rested
on the presumption that they had contributed equal-
ly to the road, but if the facts showed to the contrary,
the rule did not apply. In other words, the fact would
govern rather than mere presumption. Out of this
grew the rule that if the highway was taken wholly
from one mans property and such highway is vacated, the
land in fee reverts to the original owner, or his grantees,
free from the public use or easement.52 Figure 13-10
The reason is that in the absence of a statutory provi-
sion to the contrary, the public acquires only an ease-
ment by dedication. The fee to the street is not vested
in the public, but remains with the original dedicator and
passes from him to his successors. Therefore, since the
public does not own the underlying fee, it cannot dis-
pose of the fee upon vacation of the street.
Moreover, no Oregon Statute gives cities fee title to a
dedicated street or alley, and it has long been held that
the public acquires only an easement in a street which
has been dedicated or condemned for its use.53
The statutes and ordinances must be construed together
and be given a construction which violates no constitu-
tional provision. The Department of Justice held that the
City of Baker could not vest title of that part of the N12
of vacated Park Avenue, lying south of the subdivi-
sion line, to the owners of parcels 300 and 400 because
neither of these owners, nor their predecessors in title,
dedicated any of that part of Park Avenue. The map Figure 13-11
must be shown as illustrated in figure 13-9B.54
Although subdivision lines provide the first clue as
to the reversionary rights in vacated streets, they
are not the governing factor. As we have stated, the
governing factor is the person or persons who dedicated
the street. Therefore, although a street lies entirely in a
subdivision (forming one border of the subdivision),
it could revert to the owners on both sides of the
street if the person that dedicated the street owned
the land on both sides of the street at the time of the
dedication.
For example, A. J. Smith owns parcel 400 (figure 13-10).
In 1941 A. J. Smith decides to subdivide half of
parcel 400. He calls this A. J. Smiths First Addition
(figure 13-11).
In 1956 A. J. Smith decides to subdivide the remain-
der of his original parcel. This becomes Cyprus
Heights (figure 13-12). Figure 13-12
13-28
In the 1970s an industrial firm purchased all of A.J. street. This is the rule for vacated portions of streets
Smiths First Addition for a plant site; and in 1977 as well as for streets that are vacated from one right-
Cyprus Avenue was vacated. Cyprus Avenue was dedi- of-way line to the opposite right-of-way line. See
cated by the same person that owned the land on both figures 13-14 and 13-15.
sides of the street; therefore, the N12 of Cyprus Avenue
(vacated) would revert to the owners of south lots of If the street being vacated is circular, the side lines of
blocks 1, 2 and 3 of the A. J. Smiths First Addition. The apportioned areas extend from the termination of the
S12 of Cyprus Avenue (vacated) would revert to the property line, on a radius line (a line connecting the
owners of block A of Cyprus Heights. In this case, the
subdivision line was not the controlling factor.
Remember, the principle of reversionary rights is that
the land of the vacated property is returned to the
person (heirs or grantees) contributing the land in the
first place; but no more land should be returned than
was originally contributed. Therefore, the vacated
road through parcel 100 would revert as shown in
figure 13-13A rather than as shown in figure 13-13B.
The side lines of an apportioned area of a vacated
street run at right angles to the center-line of the
13-29
Figure 13-18 A
HOW SHOULD THE VACATED AREA BE APPORTIONED
arc of the curve to the radius point of the curve) to the

center of the street, or to the outside boundary of the
vacated area. (Figure 13-16 and 13-17.)
In figure 13-17, the owners of lots 7 and 8 have ob-

tained new street frontage that is proportionate to the
old (or original) street frontage. This is one of the ba-
Figure 13-18 B
sic rules when apportioning vacated strips that result
FIRST SOLUTION
in a new street right-of-way line.
Rule: Where a vacation results in the creation of a Solutions to apportionment problems will be simple
new street right-of-way line, the apportionment if you keep in mind the fact that the solutions are
of the vacated area should secure in the abutting not unlike those dealing with the apportionment of
owners, street frontage that is proportionate to the riparian lands. To illustrate this, figure 13-18A shows
original street frontage. In such cases frontage is the a street vacation that defies the apportionment meth-
controlling factor, not land area. ods used in figures 13-14 through 13-17.
13-30
Figure 13-20
Figure 13-18 C
ALTERNATE SOLUTION
Figure 13-21
the central curve) that extend from former lot lines to

the new right-of-way line created by the street vaca-
tion (figure 13-18B).
A court of equity could decide in favor of the solution
of figure 13-18B; however, this approach does not
provide street frontage proportionate to the origi-
nal frontage. A better solution would be as Clark 55
suggests for apportioning accretions between a new
shore line and an old shore line; that is, to measure the
length of the old line and measure the length of the
Figure 13-19
new line. Then use these measurements to compute
the proportionate parts of the new line to the parts of
The crux of the problem is: how to determine the center the old line. This is illustrated in figure 13-18C.
line of View Drive (that is, the center line between the
original right-of-way Lines); and, once the center Street Intersections
Line has been determined how do we apportion the va-
Revisionary rights extend to street intersections in the
cated area so as to secure street frontage that is proportion-
manner illustrated by figures 13-19.
ate to the original street vacation?
It is not unusual to find the courts divided about the Special Note:
methods to be used in cases such as that illustrated The term reversionary rights is misleading. As figures
in figure 13-18A. One opinion suggests that the side 13-19 and 13-20 show, the rights of abutting owners in
lines of the apportioned areas be on radius lines (of streets exist at all times, regardless of whether or not
13-31
the streets are vacated. Therefore, how can a right that with no mention of the street and in absence of an ex-
already exists revert to an owner that already possesses press reservation of title to the street, title to the street
that right? Reversionary rights is used because, while would pass to the grantee of lot 1 (subject, however,
the public easement to a right-of-way is being exercised to any prior conveyance of lot 1).
the abutting owners do not have full rights. Once the The court in the McAdam v. Smith case reasoned that
public easement is extinguished, the publics rights to the title to the street should pass in order to prevent the
right-of-way revert to abutting owners. existence of innumerable strips and gores of land, along
Therefore, if First Street (figure 13-19) is vacated, but the margins of streams and highways to which title, for
the public still retains its easement to Elm Street, that generations, shall remain in obeyance, and then, upon
easement includes the former intersection of First and the happening of some unexpected event, and one, con-
Elm. The abutting owners still lack full rights to that sequently, not in express terms provided for in the title
part of First Street that is now Elm. The cartographer deeds, a bootless, almost objectless, litigation shall spring
must apportion First Street as shown in Figure 13-21. tip to vex and harass those, who in good faith had sup-
posed themselves secure from such embarrassment. (Buck
(In this illustration the intersection area is still subject v. Squires)60
to use by the public and is, therefore, not accessible,
Watch for prior conveyances of the street before you
to the abutting owners.)
automatically apportion that street. Hence, in figure
13-22 the owner of lot 1 is not entitled to the vacated
Abutting Property Owned by Public street because it was conveyed by a prior owner who
Agency had owned abutting property on both sides of the
vacated street.
The public has the same rights in property as does a
private owner. Therefore, the principle, of reversion- (Note: In such cases, the conveyance of the street
could be made prior to the street vacation as well as
ary rights applies to abutting property of the public
subsequent to the vacation.)
or public agency (cities, counties, the state, the U.S.
Government, and taxing districts).
Deed Descriptions Do Not Have to Mention Vacated
Streets or Alleys In Order for Title to Pass
Many deed descriptions do not contain wording that
includes the rights to a vacated street or alley. In such
cases, does title to the vacated street or alley pass to
the grantee? The answer is yes. In the case of Fahey v.
City of Bend the court held:
...it has been held in some jurisdictions that a convey-
ance made after the vacation of the street carries with it
the street portion of the lot. We concur with this view.
No distinction should be made between conveyances
made before and conveyances made after the vacation
of the adjoining street; in both cases the adjoining strip Figure 13-22
should be held to pass by the deed in the absence of the

manifestation of a contrary intent. Alleys
And, in McAdam v. Smith,58 the court held that: The principles of reversionary right and apportion-
ment of vacated streets apply, in every way, to va-
Where the description does not mention the street, river
cated alleys.
or other similar boundary but the deed describes the parcel
so that, in fact, it is adjoining, the title to the bed passes
the same as (if) mentioned (citing cases).59
How Are Lots Affected
By Street or Alley Vacations?
The above opinions, however, are on the condition
that the street was not separated from the abutting When a street is vacated, the ownership of lots ex-
property by a prior conveyance. tends to the center of the street or new right-of-way
line of the street; however, the lots DO NOT extend
Hence, if the deed to lot 1 (figure 13-22) merely read
beyond their original location as shown on the recorded
Lot 1, Block 2 subdivision plat. That is, the center of the street, or
13-32
new right-of-way line, does not become the new lot been clear after our discussion on reversionary rights. If
lines. NOTHING BUT A REPLAT OR RESUBDIVI- it were true that the lot lines and lot corners moved with
SION CAN CHANGE THE ORIGINAL SIZE AND street vacations, there would be few problems with re-
SHAPE OF THE LOTS. The vacation does not create versionary rights and apportionment.
an amended plat.
The principle followed in legal cases involving the Vacation of Subdivision
vacation of streets and alleys and boundary control
The vacation of the lots and blocks of a subdivision
is that principle adhered to in the cadastral map pro-
does not vacate the streets and alleys of the subdivi-
gram. In Earl v. Dutour61 the court held that vacations
sion unless clearly expressed as doing so in the vacation
or openings (creating additional public right-of-ways)
ordinance. To vacate the streets and alleys in a subdivi-
do not alter the original lot lines. The court indicated
sion, when only the lots and blocks have been previ-
that if the lot corners were to be any place other than
ously vacated, the parties petitioning for a vacation,
the original street right-of-way lines (which they are
must go through the public street vacation proceed-
not) it would be at the center of the street. Figure 13-
ings as required by statute.
23 illustrates what the result would be if lot lines and
corners followed the street vacations. Although a replat of a subdivision over an older sub-
division automatically vacates that part of the older
From that illustration it is evident what problems
subdivision, the replat does not automatically vacate the
would be created if lot corners followed each new
streets and alleys. The streets and alleys still must be
street right-of-way line after each new vacation. First,
after vacation no. 1, the southwest corner of lot 7 vacated as per statute. This must be done to extin-
would suddenly shift south 10 feet. The south-east guish the publics easement.
corner of lot 10 would shift south 10 feet. A few years
later an additional 10 feet are vacated (vacation no. EASEMENTS FOR
2). Again, the south corners of each lot would shift
south; however, the southeast corner of lot 10 would ROAD PURPOSES
shift southeast. Vacation no. 3 would result in further
changing of the lot lines and corners. An easement is a non-possessory property interest
If this were the case, the interpretation of deeds with and not a separate estate. The person to whom the
beginning points being any of the south corners of easement is granted owns the dominant estate; the
lots 1 through 10, would be impossible. The grantees, easement being the dominant tenement. The land over
courts, title companies, cartographers, etc. would which the easement runs is the servient tenement; that
have the problem of deciding which corner is the is it is subject to servitude (the easement).
southwest corner of lot 7? The original corner? The
The Department of Justice and the Department of
corner after vacation no. 1? After vacation no. 2? Or
Revenue have held that easements cannot be assessed
after vacation no. 3? Or, which line would represent
and taxed as an interest in real property separate from the
the south line of lot 8, when we need to interpret a
servient estate (that is, from the real property itself).63
description beginning on the south line of lot 8?
The statutes make no provision for the assessment of
Fortunately, the courts and authorities are of the opin- an easement as such in the name of the owner of the
ion that the lot corners never change. This should have dominant tenement.
Figure 13-23
13-33
In one case the federal government condemned a In other words, it is, not the custom for grantors to
perpetual easement to be used as a right-of-way spell out the use of land when conveying fee title;
road over certain private lands. The assessor asked when it is spelled out it is for a purpose, and the
whether he should segregate the property lying, wording is meant to restrict the use of the land.
within the easement since the owner of the easement
Therefore, whenever a deed contains language, in-
is a tax exempt entity. The Department of Justice held
dicating that a strip of land is to be retained for a
that there is no statute under which the property can be
road, as a road, for road purposes, etc., it should
removed from the assessment roll. The easement did not
be assumed that the grantor does not retain fee title to
create an exemption under ORS 307.200.64 (However,
the strip, but an easement only, whether the provision
the fact that the federal government owns a perpetual
be termed a reservation or an exception.
easement exempt from taxation under ORS 307.040 is
a factor which may affect the value of the fee interest In as much as the specific language of 1, 2, and 3 indi-
belonging to the private parties involved.) cates that the strips are to be used for roadway and
for road purposes, it would follow that the grantor
Principle. A perpetual easement is merely an ease-
in each case would retain a mere easement with fee
ment, and like easements, is a non-possessory inter-
title passing to the grantee.66
est and not a separate estate.
Does the grantor retain fee title, or a mere easement, Land Reserved in
by means of the following language?
Deeds as Public Roads
1. Except the east 25 feet reserved for roadway.
2. Except therefrom a strip 30.0 feet wide along the Many deeds contain wording similar to the following:
easterly line for road purposes. Excepting and reserving a 40 strip of land along the
3. Except and reserving a strip of land (specified south side for public road purposes.
width) for road purposes.
Does this qualify as a public road or county road
In the case of Rall v. Purcell65 the Oregon Supreme where, in fact, no road exists? The Department of Jus-
Court held that the following wording left in Rall tice is of the opinion that a mere reservation to the public
(the grantor) an easement only. for road purposes does, not suffice to qualify as a county
Excepting from this conveyance a strip of land 15 road since there must be actual delivery and acceptance
feet in width along the north side thereof to be used before it can be classed as a public way. (ORS 368.546.)67
as a roadway. Note: This points out the fact that land that is blindly
The Supreme Court said at page 22: 4,5. If the provi- conveyed does not transfer unless the instrument of
sion in question had contained the words excepting conveyance is delivered and accepted.
from this conveyance a strip of land 15 feet in width Under a common law dedication contained in deeds
along, the north side thereof and had not contained
with the foregoing wording, the public may acquire
the words to be used as a roadway there would be
an easement in the land for the purposes only for
no question but that the provision was intended to
which it was dedicated. The fee, however, is retained
be an exception and not a reservation of an easement
by the owner,68 and he has the right to use the proper-
only over the strip for roadway purposes, and in that
ty in any manner so long as it can still be used for the
case the entire strip would have been excepted from
purpose for which it was dedicated. At the time when
the grant and the title to the freehold and the soil
the public wished to exercise its rights contained in
would have been excepted from the grant and would
the dedication, Oregon follows the common law rule.
have remained in the grantor as of his former title
This right is preserved by statute as to the vacation of
and right as fully as if the deed had not been made.
land.69 Therefore, do not treat deed reservations as pub-
However, by the use of the words to be used as a
lic ways which are exempt under ORS 307.200 unless
roadway (if those words are to be given any meaning
there has been a proper and valid dedication and acceptance
at all) then it is necessary to construe this provision as
by the proper body of public officials.
constituting a reservation of an easement only over
said strip as a roadway. The deed itself is to be construed Public Easement Roads. Are public easement
as a whole and we are not at liberty to disregard the words roads exempt from assessment and taxation by ORS
to be used as a roadway. They were inserted for some 307.200? They are not exempt. The roads established
purpose and to give them proper meaning requires under the 1903 law (General Laws of Oregon, 1903,
that they should be construed as a reservation of an page 269-270, section 20-24) are commonly referred to
easement and not as an exception of the entire strip for as roads of public easement, meaning a road which
any and all purposes by the grantors, their heirs and as- not only the petitioner has the right to use, but also
signs. the general public.70
13-34
Current statutes providing for the establishment of
ways of necessity71 are directly descended from
LAWS PERTAINING
the 1903 law which has undergone little basic change
over the years. The current statutes indicates that
TO COUNTY ROADS
public easement roads and ways of necessity are
the same thing.
ROAD WIDTHS
The Department of Justice is of the opinion that One problem common to mapping and map main-
while ways of necessity may be public roads in the sense tenance is the determination of the widths of county
that they are open to the public, they do not qualify as a roads. The following guide will assist in making de-
county road within the meaning of ORS 307.200 unless terminations of road widths; however, when a county
they are accepted by the County Court as a county road survey or recorded plat or survey conflicts with
road. 72 these laws it is advisable to use the survey or plat.
Unless, however, the county road master, road engi-
Dedicated Streets Not Yet neer, or county engineer advises that the legal road
Open to Public Travel width be used.
Are dedicated streets that are not open to public trav- BUSH CODES. Territorial Government. All county
el (not constructed and used by the public) subject to roads were to be 60 feet in width, unless the county
taxation? Yes. commissioners, upon the prayer of the petitioners,
determined a lesser number of feet.
ORS 307.200 provides that all lands within the
boundary of any county road, and all dedicated OREGON LAWS. Effective in 1861. The Bush Code
streets and alleys in any incorporated or unincorpo- was incorporated into Oregon Law except that the
rated city or town, or town plat, within this state, are county court was substituted for county commis-
exempt from assessment and taxation while used for sioners.
such purposes. (Emphasis supplied.) COUNTY ROAD LAW AMENDED. 1889. All county
Oregon has long followed the common law rule that roads were to be 60 feet in width, unless the county
when a road or street is dedicated the underlying fee court, upon the prayer of the petitioner, determined a
remains in the abutting owners. As we have discussed, different width which was not to be less than 40 feet
title to a street that is vacated attaches to the lands abut- or more than 80 feet.
ting the street. In the case of Point Pleasant Manor Build- 1915 AMENDMENT, All county roads were to be
ing Company v. Brown,72 we find the following: 60 feet in width, unless the county court, upon the
Taxes, of course, are due on property until the public prayer of the petitioners, determine on a different
body accepts the dedication. width, which was not to be less than 30 feet or more
than 80 feet.
In Oregon, a street or roadway may be accepted by the
governing body either by formal acceptance or long us- 1917 AMENDMENT The county road law was
age. Normally, there is no acceptance by the governing amended to omit the phrase upon the prayer of the
body until a street is improved by the developer to the petitioners and for the first time, giving the county
standards of the accepting body (however, this was not courts the right to establish roads by resolution, as an
true when many earlier subdivisions were established). alternative to the petition system.
However, whether the unimproved streets have or have SUPREME COURT DECISION. 1927.77 Until the year
not been accepted is unimportant as to whether they are 1931 it was not required in the documents establish-
subject to taxation. As long as the public is not using the ing county roads that the width be specified in the
streets for its dedicated use, the area should be assessed to the road documents. Consequently, most of the docu-
owner of the fee.74 ments up to this time did not specify the road width.
It should be noted, however, that although the un- The Latourette v. Clackamas County court decision
improved street is subject to taxation, a foreclosure clarified this point. The court held:
for nonpayment of the taxes would not destroy or
The law prescribes that all roads shall be sixty feet
imperil the public easement.75
wide, unless otherwise ordered by the county court...
Likewise the foreclosure of a tax lien on private lands this provision must be considered part of the resolu-
does not cut off easements that have been carved out of tion unless a different width is specified therein. It
one property for the benefit of another (whether or not would not confer a jurisdiction on the county court to
the easement is in the public or a private person).76 alter the road so as to establish a different width.
13-35
1931. Ore. Laws 1931 Ch. 326. Since June 6, 1931 it is cated to the public as a highway, road, or street, if it is
required that the county court determine the width found to comply with the standards adopted pursu-
of county roads, subject only to a minimum width, ant to subsection (3) of this section. After acceptance
which width shall not be less than 30 feet. The pro- the county shall maintain such highway, road, or
posed width was to be stated in all petitions, notices, street as a county road.
orders or resolutions. From this date to the present it is
(3) The county court may, be resolution, adopt stan-
required that the road width be stated in all documents
dards for county roads less than 50 feet in width.
relating to roads.
Such standards may include, among other things,
1947 AMENDMENT. 1931 law amended. Ore. Laws width, length, design and construction, limitations
Chapter 498. All county roads established after the on access, and restrictions of on-street parking.78
effective date of this act shall be of such width as the
county court shall determine, which width shall not ORS 368.425. All streets and alleys in unincorpo-
be less than 50 feet; provided that the county court rated towns in this state are declared to be public
shall have the authority to accept any dedicated highways.
circular road or street less than 30 feet in width not
exceeding one mile in length, and maintain such road COUNTY ROADS
or street as a county road for one-way traffic. The pro-
posed width to be stated on all documents. ESTABLISHED BY
1951 AMENDMENT 1947 law amended. Ore. Laws
Chapter 132. All county roads established after the PRESCRIPTION
effective date of this act shall be of a width as the
county court shall determine, which width shall not The Oregon Supreme Court in Huggett v. Moran79 held
be less than 50 feet; provided that the county court that county roads may be informally established:
shall have authority to accept any circular road or The rights to use of way arising by prescription arise
street of not less than 30 feet in width and not exceed- not out of the formality of a conveyance, but by informal-
ing one mile in length and to maintain such road or ity; not by formal gift, grant, or dedication, but by open,
street as a county road for one-way traffic only. The notorious, hostile, adverse use, based on the assumption
proposed width shall be stated in all documents. of prior dedication or action by duly constitued authority.
Thus a roadway so established is not controlled by
1953 OREGON LAWS. Chapter 229.
the statutory requirement of formal acceptance, and
(1) Subject to subsection (2) of this section, all unless required by statute, no formality is necessary
county roads established after August 2, 1951, shall to a valid acceptance.
be of such width as the county court shall determine,
Whenever a statute prescribes the minimum width
which width shall not be less than 50 feet. The pro-
of Public roads to be established in the future, and a
posed widths shall be stated in all petitions notices,
public road is established by prescription, the width
orders, or resolutions relating to any county road.
thereof is the minimum necessary to the establish-
(2) The county court, by majority vote, may accept ment of a legal road in the absence of evidence of
as a county road any highway, road, or street, ir- taking a greater amount.80
respective of its actual platted width, if such high-
way, road, or street was dedicated to the public as a
highway, road or street before January 1, 1948. After EXAMPLE-GENERAL
acceptance, the county shall maintain such highway,
road, or street as a county road. MAINTENANCE
OREGON LAWS-1978. Ch. 368 PROCEDURES
ORS 368.415. (1) subject to subsections (2) and (3) of
this section, all county roads shall be of such a width 1. Receive new surveys from county surveyor, state
as the county court shall determine such width shall highway department, BPA, B.L.M., U.S.G.S., etc.
not be less than 50 feet unless the court finds compli-
2. Check maps for conformance to the new surveys.
ance with the standards adopted pursuant to subsec-
If possible the new survey should be added to the
tion (3) of this section. The proposed width shall be
map - noting the survey number. If the survey
stated in all petitions, notices, orders or resolutions
lines do not represent property lines they should
relating to any county road.
be shown as dashed lines. If the survey cannot
(2) The county court by majority vote, may accept be used at present, note the number on the ca-
as a county road any highway, road, or street, dedi- dastral map and file the survey for use at a time
13-36
when remapping is done. All surveys should be appraisers map, etc. This should be minimized if at
maintained in a special file (microfilm would be all possible. A new map print is cheaper than redraw-
acceptable). ing the segregation. Appraisal data should be on an
overlay so that it can be used with the revised map
3. Receive new aerial photos.
to produce a new appraisal map. This method saves
4. Review cadastral maps with the photos to see if the time of recopying appraisal data each time a new
there have been any changes in roads or riparian print is made. The same procedures can be used for
boundaries. If changes are present, the cadastral soil class maps.
map should be revised to conform to the photos.
14. Receive ordinance for vacation of streets and al-
5. Maintain file of aerial photos. leys. Revise cadastral maps in accordance with
6. Receive recorded (and unrecorded) instruments procedures described in this chapter. Revise the
of conveyance (deeds, etc.). assessment cadastre to reflect the changes. Be
sure to use the Journal Voucher to ensure that all
7. Read deeds to see if they represent a segregation changes are made.
of a parcel of land or merely a change in owner-
ship (name change). 15. Receive ordinances vacating parts of subdivisions.
Revise maps and records to conform to the new
8. If a deed represents a name change, the corre- ordinances. Be sure to note all ordinances on the
sponding cadastral records should be revised cadastral map. Subdivision data should be retained
(flysheets, assessment roll, tax lot card, etc.). (In on cadastral map if existing deeds and records refer
some administrations this is done by sections to lots, blocks or tracts of that subdivision.
other than mapping.)
16. Receive and review new subdivisions and con-
9. If a deed represents a new segregation, the car- dominiums in accordance with Oregon Laws and
tographer pulls the cadastral map and tax lot re- procedures spelled out in this chapter.
cord. Next the parent tax lot number is identified.
The cartographer then plots the boundaries on 17. Approve subdivisions that conform to the subdi-
the cadastral map, computes the acreage of the vision statutes (including minor and major land
new parcel and assigns it a new tax lot number in partitions).
accordance with the standards defined in Chap- 18. Receive and review the required condominium
ter 3 of this manual. Next a new tax lot record is (unit ownership) documents in accordance with
created for the new parcel. Oregon Laws and the procedures spelled out in
10. The parent number is reserved for the parent ac- this chapter. Make it a policy of directing any
count in the case of segregations. The parent tax lot questions on new condominiums to the Oregon
record is next revised to reflect the new segregation, Real Estate Division.
reference number of the new parcel and revised 19. Revise cadastral maps and the assessment cadastre
acreage. This is illustrated in figure 13-26. to conform to the new subdivisions and new condo-
11. Next, the journal voucher is initiated for the new miniums. Be sure that these are mapped at proper
segregation. This is mandatory so that all proper scales spelled out in Chapter 2 of this manual. Use a
changes will be made in the assessment cadastre. journal voucher for each new account.
The journal voucher of figure 13-24 exemplifies 20. Receive annexations, formations, mergers, con-
the format used by most counties. solidations and withdrawals of taxing districts.
12. In some counties, the cartographer initiates the These must be approved by the Department
sales data card. If your work load is such that of Revenue (ORS 308.225) before they can be
this can easily be accommodated, this practice changed on the assessment roll.
is acceptable; however, filling out a sales card is 21. Plot new taxing district lines on the code maps
not really a cartographic task. If your work load
and cadastral maps. Assign proper code num-
is greater than you can handle, the sales data card
bers to maps and records. Be sure to use a journal
should be filled out by another section.
voucher for every change.
13. New prints should be made of the revised ca-
Note: In addition to a notice to taxing districts of ap-
dastral map and inserted in the map book and
proval or disapproval by the Department of Revenue,
distributed to other officials and agencies on the
the assessor must have filed with him a copy of the
map distribution list.
description and map of the taxing district boundary
Note: It is the practice of many agencies to redraw change. (ORS 308.225) This must come from the tax-
the new segregated, parcel on the map, book map, ing district, but can be filed by any agency or agent
13-37
Figure 13-24
13-38
(such as an attorney for the district). However, it is A better type of tax lot record (developed by Wash-
the ultimate responsibility of the taxing district to ington County) solves all of the problems of the tax
comply with ORS 308.225. lot card of figures 13-26 and 13-27. That record (fig-
ures 13-28 and 13-29) consists of an actual copy of
22. Receive new highway right-of-ways deeds. This
the deed with room for owner abstracts and record
comes from the Oregon Department of Transpor-
tation, Highway Division. changes on the reverse side (figure 13-29). This cuts
out all typing. The information of the reverse side is
23. When the right-of-way change is a taking, a copy entered in freehand. Moreover, the description satis-
of the complaint should be received. (See figure fies taxpayers that his or her deed was used to update
13-25.) When the case is closed a final judgment maps and records.
is received (this may have to be obtained from the
county recorder or county clerks office). After the The tax lot records are retained in a special notebook
final judgement is received, or after possession is binder. This provides for easy reference, thus reduc-
taken (whichever is earlier), the change should ing the problems associated with filing and retrieval.
be made throughout the assessment records and Moreover, all changes may be made without remov-
cadastral maps. Refer to Dept. of Justice opinion ing the record from the binder. The tax lot record
150-25-303-00849; 79-22; March 19, 1979. binders are by map book number.
24. Prepare new maps to conform to the graphic

standards of Chapter 2. See the subsection of this SUPPLEMENTAL
chapter on cadastral map upgrading.
INSTRUCTIONS
TAX LOT RECORDS Any specific instructions relating to dates, specific
duties, form numbers, and special rules should be
There are two acceptable tax lot record formats. The added to this manual by the county.
first is the older form as illustrated in figures 13-26
and 13-27. Figure 13-26 is a parent account showing At some future date this information can be used to
cadastral map and record changes, by date. Figure update this chapter.
13-27 is a new account resulting from a map enlarge-
ment of section 17 of T.36S R14W.W.M. SPECIAL NOTE
The tax lot card of figures 13-26 and 13-27 have four It is important to note that each of the solutions we
basic handicaps. First, they require retyping of the have discussed in this chapter, that are based on
description and typing of each change. Second, they legal cases, legal opinions and court rulings, are for
do not show the description as it appears on the deed ASSESSMENT PURPOSES AND CADASTRAL MAP
(a constant complaint by taxpayers). Third, they do PURPOSES ONLY. They are not intended as a substitute
not show the abstract of owner names. Finally, they for legal counsel, nor have they been included to encourage
require filing and retrieval which often results in loss the dispensing of the advice and consultation that must be
of the card. provided by an attorney.
13-39
Figure 13-25
13-40
Figure 13-26
13-41
Figure 13-27
13-42
Figure 13-28
13-43
Figure 13-29
13-44
1980 ANNOTATIONS cordance with the intent of the transferor. McQuaid v.
Portland & V. Ry., (1889) IS Or 237, 22 p899; and Hud-
dleston v. Eugene, (1899) 34 Or 343, 55 p868, 43 LRA
444. In Barton v. Portland, (1914) 74 Or 75, 144 p1146,
Final Determinations on Boundary
the court held that a purchaser of a lot abutting on a
Suits to be Filed With Assessor public street acquires a possible reversionary interest
in half of the street. However, more recent court deci-
ORS 105.705 provides procedures for settling disputes
sions have eliminated any question about reversion-
over property boundary lines; by one of the abutting
ary rights of lot owners, e.g., in the case of Portland
owners bringing a suit in equity in the circuit court.
Baseball Club v. Portland, (1933) 142 Or 13, 18 P2d 811,
The statute requires the clerk of the court to file one
the court confirmed the title to the street was in the
copy of the decree with the county assessor. This is to
abutting lot owners and upon vacation of the street
be used by the assessor to verify or modify the prop-
all interests (free from the public interest) reverted
erty line on the map.
to said lot owners. In Fowler v. Gehrke, (1941) 166 Or
239, 111 P2d 831 an abutting owners title was ruled
Taxes on Real Property Subject to to extend to the center of the street upon its vacation
Eminent Domain Proceedings by ORS 271.060 (which is recognition of the common
law rule).
Question. Where real property is subject to condem-
nation proceedings, which date shall be used for pro- When a conveyance describes property as bordering
ration of real property taxes for the current tax year, on a street (absent of an express provision in the con-
the date of deposit of just compensation or the date of veyance to the contrary) the conveyance includes the
the order to distribute the deposit? fee to the center of the street. Fossi v. Meyers, (1975)
271 Or 611, 533 P2d 337.
Answer. Neither date. The controlling date is the date
possession is taken by the condemnor or the date of Adverse possession of land duly dedicated to the
final judgment; whichever is earlier. Department of public (as a street or alley) is, by itself, insufficient to
Justice opinion 150-25-303-00849, 79-22 (3-19-79). extinguish the publics easement, or to revest all inter-
est in the dedicator or descendents in title. See Oliver
Dedicated Public Roads, Alleys, Ways v. Synhorst, (1906) 48 Or 292, 86 p376, 7 LRA (NS) 243;
Christian v. Eugene, (1907) 49 Or 170, 89 p419; Barton
and Highways v. Portland, (1914) 74 Or 75, 144 p1146; Killiam v. Mult-
A dedication of a public way is not binding on either nomah Co., (1931) 137 Or 562, 4 P2d 323.
party unless accepted. Mathis v. Thunderbird Village,
Inc., (1964) 236 Or 425, 389 P2d 343. Recording Deeds
The subdivision plat and the accompanying writings ORS 93.010 defines how conveyances are made.
usually indicate whether or not the owner has the The provision, in this statute, that a deed may be
requisite intent to dedicate. McCoy v. 27tompsoz4 acknowledged or proved and recorded was not
(1917) 84 Or 141, 164 p589. intended to make either acknowledgement, proof or
recording any part of the execution of an instrument.
There is acceptance of the streets and roads shown on
Goodenough v. Warren, (1879) 5 Sawy 494, 498 Fed case
a plat when the county court endorses its acceptance
No. 5, 534; Eadie v. Chambers, (1909) 99 CCA 561, 172
of the plat thereon following the approval of the sur-
Fed 73, 76, 18 Ann Cas 1096, 24 LRA (NS) 879.
veyor and assessor. Whitney v. Crittenden, (1924) 112
Or 278, 229 p378. In the Whitney case the court ruled
that the dedicator cannot revoke an actual, valid, ac- Conveyances, Deeds, Descriptions
cepted and final dedication (a statutory vacation is
A quitclaim is not a mere release but passes all the
the only method of extinguishing dedicated roads,
estate that a grantor has in real property as effectu-
streets and alleys). The dedication may be revoked
ally as would a warranty deed. Guild v. Wallis, (1929)
before final acceptance.
130 Or 148, 279 P546; Kane v. Kane, (1930) Or 79, 291
In Oregon, there are cases where actual construction p785.
of a road, or improvement of a road (along with other
A grantor is presumed to convey all the interest that
factors) constitute acceptance by the public. See Hen-
he has in real property described unless he clearly in-
drickson v. City of Astoria, 127 Ore. 1, 270 Pac. 924.
dicates an intent to transfer a lessor estate. Palmateer
The fee to dedicated land remains in the dedicator v. Reid, (1927) 121 Or 179, 254 p359; Bigler v. Nunan,
and passes to the purchasers of abutting lots in ac- (1912) 186 Fed 665, 118 CCA 23, 199 Fed 549.
13-45
The courts are usually liberal in construing descrip- Construing a Description
tions. In Sequin v. Maloney - Chambers, (1953) 198 Or
272, 281, 253 P2d 252, the court said a description of Unless a contrary intent is expressed in the deed,
land is sufficiently definite and certain if it is possible quantity is subordinate to monuments, boundaries,
for a surveyor to ascertain from the description aided angles, surfaces and distances. Weniger v. Ripley,
by intrinsic evidence what property was intended to be (1930) 134 Or 265, 293 p425.
conveyed. See also OHara v. Brace, (1971) 258 Or 416,
ORS 93.310 did not apply to a deed conveying land
482 P2d 726. In Gubser v. Town, (1954) 202 Or 55, 273
south to Longcoy Road when a county road, intended
P2d 430, the court ruled a description to be sufficient
to be Longcoy Road and conforming to the measure-
when evidence indicated that a surveyor could find
ments, had been vacated, and there was an existing,
the land notwithstanding the errors in the descrip-
more southerly road popularly known as Longcoy
tion, An erroneous description is not fatally defective
Road... To mean the existing road the deed must
if it identifies the property and is not misleading,
clearly show that the parties intended it as the south-
Clatsop Co. v. Taylor, (1941) 167 Or 563,119 P2d 285.
ern terminus of the property conveyed. OGorman v.
In Raymond v. Coffer, (1873) 5 Or 132; Commissioners v. Baker, (1959) 219 Or 170,347 P2d 85, 338.P2d 638.
Wiley, (1881) 10 Or 86; and Hayden v. Brown, (1898) 33
When the distances and courses in a deed description
Or 221, 53 p490, the courts held where, by omitting
are inconsistent with the boundaries or monuments
one part of a false or impossible description in a deed
a perfect description remains, the false part should be referred to in the deed, the boundaries or monu-
rejected and the instrument be upheld. ments, as they exist on the ground, are to control. The
following cases support this principle (and justify the
References to volume and page numbers, of the deed policy of carefully making the deed subordinate to
records, are a poor substitute for courses and dimen- surveys that have been executed to show where the
sions in a deed description; however, the courts have boundaries are, or where the monuments were set in
held a description is sufficient when it refers to such the ground). Lewis v. Lewis, (1871) 5 Or 65; Goodman
volume and page numbers if they adequately delin- v. Myrick, (1871) 5 Or 65; Weiss v. Oregon Iron & Steel
eate the boundaries of the property involved. Freder- Co., (1886) 13 Or 496, 11 p255; Anderson v. McCormick,
ick v. Douglas County, (1945) 176 Or 54, 155 P2d 925. (1889) 18 Or 301, 22 p1062; King v. Brighan, (1890)
It should be noted, however, references to volume 19 Or 560, 23 Or 262, 25 p150, 31 p601, 18 LRA 361;
and page numbers, when used instead of courses Vandusen v. Shively, (1892) 22 Or 64, 29 p76; Kanne v.
and dimensions, are not acceptable for taxing district Otty, (1894) 25 Or 531, 36 p537; McDowell v. Caroth-
boundary descriptions required by ORS 308.225. ers, (1915) 75 Or 126, 146 p8OO; Hennigan v. Mathews,
If land is so situated that it cannot be definitely de- (1916) 79 Or 622, 155 p169; Hickey v. Daniel, (1921) 99
scribed by legal subdivisions or by lots and blocks, Or 525, 195 p812; Wyckoff v. Mayfield, (1929) 130 Or
it must be described in some other manner that will 687, 280 p340.
make its location certain. Jory v. Palace Dry Goods Co., A call to an object which is clearly described and
(1896) 30 Or 196, 46 p786. Regarding ORS 308.240, the easily identified takes precedence over a call to an
court said that much is left to the good sense of the uncertain boundary line. Hanns v. Friedly, 181 Or 631,
assessor as to methods of description and that ORS P2d 855.
308.240 authorized the use of tax lot (or tax tract)
numbers and maps; and an erroneous item in the Although a specific description of a certain line
description will not invalidate the assessment if no should prevail over a general description of the area
one is misled. Clatsop Co., v. Taylor, (1941) 167 Or 563, in ascertaining the position of a line, the general de-
119 P2d 285. scription should govern if the specific call is uncer-
tain or obscure. Rayburn v. Winant, (1888) 16 Or 318,
Regarding ORS 308.240, a court held the test of a de- 18 P2d 855.
scription is not whether it is fully understood by the
man in the street, but whether it would be sufficient When specific descriptions contain measurements
in a deed of conveyance from the owner or whether based on assumed 80 chain, 640 acre sections (e.g.,
a court of equity would decree specific performance 5280, 2640, 1380, 660, 330d the general descrip-
of a contract containing such description. Frederick v. tions of sections and subdivisions of sections (e.g.,
Douglas County, (1945) 176 Or 54, 155 P2d 925. N1/2 NEI/4 NE1/4) will usually prevail and the true
distances on the ground will control.
A failure to specify the township, range, county and
state in a memorandum does not render the contract If their position at the time the deed was executed can
inconsequential. Burns v. Witter, (1910) 56 Or 368 108 be clearly proven, monuments prevail over courses
p129; Wurzweiler v. Cox, (1931) 138 Or 110, 5 P2d 699. and distances even though they are no longer vis-
13-46
ible. Lewis v. Lewis, (1871) 4 Or 177; Schmidtke v. Keller, Taxing District Boundary Filing
(1903) 44 Or 23, 73 p332, 74 p222.
and Approval - ORS 308.225
A grant describing the land as extending to the banks
of a nonnavigable stream or lake, thence with its Ambiguous and erroneous descriptions have been
meanders, conveys title to the center of the stream certified by registered land surveyors or registered
engineers (as provided for in ORS 308.225), in appar-
or lake. Michelli v. Andrus, (1912) 61 Or 78, 120 p737;
ent attempt to circumvent Department of Revenue
Luscher v. Reynolds, (1936) 153 Or 625, 56, P2d 1158;
disapproval or rejection by assessors. The certifica-
Kingsley v. Jacobs, (1944) 174 Or 514, 149 P2d 950. The
tion allowed for in DRS 308.225 was not provided as
point marking the center of the stream is the center
a loophole to force insufficient descriptions on the
of the deepest part of the main channel (the thread Department of Revenue, assessors, or the public. De-
of the stream). This gives abutting owners access to partment of Justice opinion 150-25-303-01151; 81-24
water regardless of the level of the water. See Chapter says if the description is not capable of closure, as required
10 and annotations. by subsection (2) of ORS 308.225 the Department of Rev-
Where a party conveys a parcel of land bounded by enue may disapprove the description even though it has
water, although it lies in shallow water and is intended been certified. County assessors are required by ORS
308.225(1) to disregard boundary changes which are
to be reclaimed by filling, it will never be presumed (by
not in accordance with subsection (2) of the statute,
the courts) that the grantor reserves proprietary rights
i.e. requiring the description of the boundary change
in front of the land conveyed. Rasmussen v. Walker Whse.
be capable of closure.
Co., (1913) 68 Or 316, 136 p661.
The purpose of the certification provision of subsec-
Where there are irreconcilable descriptions in an tion (5) is to expedite the boundary change process.
instrument of conveyance, the court must choose that Certification neither eliminates the requirement for
description which best comports with the intention of closure nor does it create a conclusive presumption
the parties considering all the circumstances attend- that the description is capable of closure. (1981) De-
ing the conveyance. McCashum v. Hoselton, (1975) partment of Justice.
273 Or 778, 543 P2d 657.
Does ORS 308.225 as amended by Oregon Laws 1975,
Where the original deed in the chain of title contained ch 595 (enrolled Senate Bill 683) require a legal de-
an impossible particular which described a nonexis- scription of the boundary change or a legal descrip-
tent point of intersection between a rimrock and a tion of annexed area (or excluded area as the
river, and the intent of parties to original deed could case may be) to be reported? Department of Justice
not be ascertained, the disputed property was held to opinion 150-32-0727-75. (75-237) answers that it is the
not be conveyed. Tab Enterprises v. Heare, 37 Or App legal description of the annexed area (or excluded
879, 588 P2d 671 (1978). area) that is required.
ORS 93.310 did not effect a transfer of tidelands along Prior to 1975 much was left to the discretion of the
the Columbia River which belongs to the State of Or- assessor and the taxing district as to the accuracy of
boundary descriptions. Many descriptions were so
egon rather than the upland owner due to failure of
poor as to be impossible to plot on maps; some being
the original grantee to purchase tidelands under the
off as much as 1,000 from closing. When taxing dis-
proper statutory procedure. State Land Board v. Reuker,
tricts refused to correct description errors and/or am-
(1976) 25 Or App 137, 548 P2d 1323, distinguishing
biguities, the assessor was forced to use an assumed
McAdam v. Smith, 221 Or 48, 350 P2d 689 (1960). line as a boundary of the district. This situation was
the rule, not the exception.
Name of Owner on Assessment Roll
Taxing district boundaries are too important to be
Where Louis L. Smith was listed as the owner of decided by guesswork. Surely, the taxpayer does
the land, the assessment was not void because the not want someone to make a guess as to whether or
true name of the owner was Lewis L. Smith. Smith not he or she is in a city, water district, fire protec-
v. Dwight, (1916) 80 Or 1, 148 p477, 156 p573, Ann Cas tion district, etc. To correct the problem of ambigu-
1918 D, 563. ous and erroneous taxing district descriptions being
forced on assessors, the 1975 Legislature amended
Where the property assessed was correctly described, ORS 308.225 to require the boundary change descrip-
a mistake in the name of the owner did not invalidate tion be capable of closure. This author prepared the
the assessment. Guthrie v. Haun, (1938) 159 Or 50, 76 amendment, and closure meant a closed traverse as
P2d 292. defined in professional surveying. Department of Rev-
13-47
enue opinion 150-32-0727-75 (75-237) says one of the maps are made for the purpose of ad valorem assess-
rules of statutory construction is that every word and ment and taxation; not for the purpose of confirming
phrase used in a statute must be given some meaning or establishing the legality of ownerships, property lines,
if such meaning is consistent with the intent of the deeds, surveys or governmental acts. For the assessor to
Legislature and does not lead to an absurd result. In use the maps and maintain the maps it is necessary
ORS 308.225 as amended by the 1975 Act, it is clear to be able to identify, on the map, certain information
that the Legislature intended a more precise bound- referred to by other records (past as well as present);
ary change be certified to the Department of Revenue for example, to be able to identify subdivision infor-
and the county assessor. In order to reach this result, mation referred to in a deed.
the Legislature has decreed that the description of the
The fact that a subdivision, or any part of a subdi-
boundary change shall be capable of closure in that
vision is vacated is of little significance in deciding
the series of courses shall start at a point of beginning and
whether or not the subdivision information is to be
the final course shall end at the point of beginning. This
included on the maps.
means that the annexed territory must be described so that
the description is full and complete with a final course to What is significant is the frequency of reference to the
end at the point of beginning of the description of the an- subdivision in deeds, surveys, assessment records,
nexed territory. plats, court decrees, mortgages, etc. If a subdivision
is developed and occupied (either all, or in part) the
Anything less than a closed traverse can be rejected;
frequency of reference will be high. If, on the other
however, descriptions using lots or blocks of record-
hand, the subdivision is undeveloped (as defined in
ed subdivisions, subdivision by the U.S. Rectangular
ORS 92.225) it is possible, but not certain, that little
Survey, or all of a county are accepted because the
reference will be made to its elements. It is up to the
recorded surveys of those areas are assumed to close.
assessor to decide whether or not the lines and mea-
However, if use of such descriptions result in ambi-
surements be retained on the cadastral maps after
guities, they can be rejected.
vacation.
Lines described by only reference to recorded deeds are
Some counties require the vacation of a lot line be-
not acceptable. Such references, however, are acceptable
fore approving a minor land partition that covers all
when accompanied by bearing and dimension. or parts of more than one lot in a subdivision. In all
Remember, ORS 308.225 was not amended to provide probability the minor land partitions are being made
loopholes to submit poor, erroneous and ambiguous de- in developed subdivisions; therefore, it is likely that
scriptions. It was amended to eliminate such descriptions. reference is frequently made to the subdivision ele-
ments. Subsequently, the lot line must be retained
Subdivision Vacations on the map. Another justification for retaining the
lot line is the vacation of the lot line does not act to
It is often necessary for the assessor to remind the vacate the lots; therefore, the lot line must be retained
nonassessment map user community that cadastral to define the area (or boundary) of each lot.
13-48
The security and certainty
of title to real estate are among
the most important objects
of the laws of any civilized
community. Around it the law
has thrown certain solemnities
and formalities so that the fact
may be known and read by all
men & women.
Hogue V. City of Albina
20 Or. 188
14
CHAPTER
HIGHWAYS AND THE
LAW OF DEDICATION
14-i
14-ii
Oregon
Highways
and the Law
of Dedication
O R E G O N
D E PA R T M E N T August 2003
OF REVENUE
14-iii
14-iv
Oregon
A comprehensive explanation of the system
approved by the 1953 Legislative Assembly
(HB 232) with special attention to the:
Concepts and Standards (Volume 1)
Technical and Cartographic Procedures (Volume 2)
Maintenance Process (Volume 3)
Highways and the Law of Dedication (Volume 4)
Mapping Riparian Lands (Volume 5)
Highways
and the Law
of Dedication
First Edition
June 2003
Prepared by
Property Tax Division
Salem, Oregon 97310
150-315-416-1 (6-03)
14-v
14-vi
Preface and plotting angles and bearings with a drafting
machine.
The statewide cadastral map system is explained in Most of the land in Oregon was granted by sections,
five volumes: or subdivisions of sections, established by the United
States Rectangular Survey. Even land granted under
Vol. 1 Concepts and Standards. the Donation Law was indirectly tied to the survey
Vol. 2 Technical and Cartographic Procedures. (as is land conveyed by reference to subdivisions that
are tied to the survey). Consequently, the Rectangu-
Vol. 3 Maintenance Process.
lar Survey is the common denominator in most land
Vol. 4 Highways and the Law of Dedication. records (deeds, surveys, subdivision plats, etc.). For
this reason, it is the base of the map number part of
Vol. 5 Mapping Riparian Lands.
the state standard tax lot number, and the base for
Planned future additions are: map areas and scale.
Estates in Land, Title, and Deed Interpretation. Chapter 2 supplies those elements of the survey sys-
Mapping by Computer, and Geographic Informa- tem that cartographers must know, and map users
tion Systems. should know. In addition, the chapter provides those
Photogrammetry and the Cadastral Map. principles of law that must be considered in the map-
ping and map maintenance process.
The purpose of this series is to supply tax administra-
tors with background on the map system, map stan- A survey does not create title; it only defines boundar-
dards, technical procedures, and legal principles that ies. (U.S. v. State Investment Co., 264 U.S. 206, 68 L.
must be considered in mapping the rights, title and Ed. 639.; 285 F. 128--Eighth Circuit Court). No-mans
interests in real property. land has become a mere figure of speech. All lands
The information will be useful for training cartogra- have ownership. With ownership comes rights--bound-
phers and other assessment officials. It also will be aries, surveys, and, in some situations, case law.
a valuable reference source for assessors, appraisers, Boundaries, more than ownership, are the objective
cartographers and the map user community. Finally, of the mapping effort because the boundaries are
it will supply a balanced picture of the science and art what limits the extent of ownership. Chapter 3 is
of cadastral cartography. presented to not only acquaint you with surveys, but
to instill in the cartographer an appreciation of the
The Cartographic Unit has high hopes that the problems confronting the surveyor.
five-volume series will furnish a basis for equitable
assessment and taxation of locally assessed real prop- Chapter 4 contains an explanation of coordinate
erty. It is intended that the information presented will systems, such as the Oregon State Plane Coordinate
contribute to and promote further development of Systems. This is a key element of the standard cadas-
the cadastral map system. tral map system because the plane coordinate system
provides our map system with the ability to achieve
Volume 1 deals primarily with:
tight, accurate mathematical control. Map projection
A brief history on cadastral cartography and cadas- (such as the Lambert Conic Conformal and the
tres. Universal Transverse Mercator Projection), plane co-
Problems leading to the legislative act to create a ordinates, basic cartesian coordinate principles, and
uniform mapping system in Oregon. the Oregon State Plane Coordinate System form the
The philosophy of those who designed and devel- outline of this chapter.
oped the foundation of todays map standards.
The surveys of major transportation routes (oil,
The graphic standards and map specifications. power, gas, as well as highway) are useful for math-
An explanation of the standard tax lot number (the ematically bridging other public and private surveys.
parcel identifier of the system). Yet the language of the route surveys is somewhat
The general index for the five-volume series. confusing to cartographers, and the spiral and com-
Volume 2 contains the technical elements applied in pound spiral curves often seem impossible to plot.
cadastral cartography, such as direction, an element Chapter 5 is designed to take the mystery out of the
that has proven to be confusing to new cartographers route map, and to provide solutions to the more dif-
and to the map-user community. The six major sys- ficult curve problems. Hopefully, this chapter will
tems of direction (or angular measure) are outlined allow county cartographers to make better use of
in Chapter 1. Information is included on meridian, the surveys of county roads, state highways, railroad
declination, quadrants, azimuth, deflection angles, rights of way, transmission lines, and pipelines.
14-vii
Todays electronic calculators and computers have This volume contains a generous supply of case law
eliminated the burden of making manual calcula- of the Oregon Supreme Court, the principles and
tions. No longer does a cartographer need to manu- rules of law announced by that Court, and citations
ally compute the square of any number, or wrestle to nearly every Oregon Supreme Court case dealing
with a slide rule to close a traverse. with dedication, public ways, eminent domain, nui-
sance, user, misuser, etc., as well as many landmark
But little things like the concept of significant figures,
rounding of numbers, and mathematical operations re- cases before the high courts of other common law
main important in cadastral cartography. Moreover, states.
if a cartographer works in an office that does not Volume 5 deals with mapping riparian lands. This
have sophisticated electronic computation hardware, volume:
it will be necessary to know how to close a traverse,
compute latitude and departure, compute the length Includes a review of the doctrine of riparian rights.
of one or more sides of a triangle, and compute areas Contains a discussion of the important rules and
and coordinates. principles of law applicable to riparian lands and
rights.
Hopefully, Chapter 6 will supply enough informa- Provides case law considering the ownership of
tion for that cartographer to perform, at least, the riparian lands.
basic mathematical operations.
Touches on riparian lands and the public trust doc-
Automatic mapping systems have eliminated much trine.
of the tedious manual drafting tasks. However, some Offers solutions to some of the complex problems
local map maintenance operations do not have such in mapping and assessing riparian lands.
luxuries. Moreover, even with such equipment at
the cartographers disposal, it remains necessary The glossaries provided in this series are designed
for him or her to use drafting hardware, instruments to instruct as well as de/me. The primary objective
and techniques. Consequently, it was necessary to is to develop consistency in the language of cadastral
provide some drafting basics in this publication in cartography. It is not only essential to know what a
Chapter 7. term means, but how it relates to a problem or situa-
tion, how the term is applied by the court, and, when
Volume 3 contains guidelines for maintaining cadas- necessary, how the term is misused in certain cases.
tral map systems to state standards. However, it falls Each definition has been checked with legal authori-
short of providing helpful suggestions for managing ties, and is usually the prevailing definition.
a mapping section, as well as the environmental and
design criteria for a drafting room operation (which It is important for you to understand that everything
is the same for a cartographic operation). This over- about cadastral cartography is not contained in these
sight will be corrected in the future. five volumes. The omission of certain state of the
art processes should be obvious. Aside from that
The objective of Volume 4 is to improve the way that omission, these publications still supply only that
the dedicated public lands and highways are being information necessary to construct, maintain or un-
mapped and assessed, and to set the record straight derstand the standard cadastral maps.
on rights, title and interests in the public ways and
state highways. This volume was six years in the Consequently, extensive study is recommended of
making (about three years researching legal sources, the sciences and professions related to this branch
and three years in the writing). It is a comprehensive of cartography: trigonometry, calculus, computer
explanation of Highways and the Law of Dedica- sciences (specifically automated mapping and com-
tion. The manual will be useful in identifying prob- puterized geographic land data processes), advanced
lems where legal assistance should be obtained, and surveying, boundary control and legal principles,
it will provide an approach to resolving many of the photogrammetry, real estate, real property law, and
less complex problems. the like is recommended.
14-viii
intent of encouraging long, arduous research on the
Introduction law of dedication. The primary purpose of the case
citations is to make them readily available to expedite
If a cartographer is unable to identify legal problems regard- responses to your request for legal assistance.
ing highways and dedication, the chances are excellent that An intelligent use of any published law material
serious errors will be made in mapping the dedicated public should begin with an awareness of the authors cre-
highways. When these errors go undetected long enough to dentials. Only then can an accurate perspective of the
give the impression of finality and legitimacy, they will inevi- contents be had.
tably spawn residual errors in the map user community. At
that point, they become difficult and costly to correct. Department cartography personnel have long experi-
ence working on, or managing, Oregons statewide
This volume was to be included in the first edition
cadastral mapping program. This involved continual
of the Manual of Cadastral Map Standards, Concepts and
contact with highway and dedication problems, and
Cartographic Procedures. However, the research on
exposure to the legal, as well as the technical, solu-
dedication was far from complete at the time of pub-
lication. Yet, cartographers were making mistakes in tions to such problems. You must keep this in mind
mapping the public roadways. The mistakes were in order to exercise good judgment in using the infor-
misleading both the governmental and private sec- mation youll derive from this publication.
tors of the map user community. A layman is less apt to have the knowledge to relate
Some guidelines were provided for mapping and the general body and philosophy of law to a specific
assessing public roadways in Chapter 13 of the first legal problem than an authority. With this in mind,
edition in hopes of resolving this problem, but it per- this volume has relied more on quoting case mate-
sists. Serious misunderstandings about the publics, rial, and less on editorial digest of that material. The
counties and cities rights in dedicated roadways goal is to keep each rule and principle in context with
have resulted in erroneous actions by various levels the facts, conditions and considerations of each case.
of local government. Every principle has been checked and rechecked with
the authorities cited in the chapter.
These actions often result from mapping and assess-
ment errors, and sometimes are the cause of such It should be evident that it would be dangerous to
errors. Many of the mistakes made in mapping the use any of the information of this chapter for other
public roadways stem from fallacious rule-of-thumb than mapping and assessment purposes. The chapter
solutions to dedication problems. is designed to help you recognize and identify high-
Feedback, solicited to measure the effectiveness of the way and dedication problems. But it is not to advise
map manual in problem solving, provided clues to why a taxpayer of legal problems requiring an attorney,1
the information on dedicated roadways failed to change nor is it to provide the legal advice that can only be
the way the roads were being mapped and assessed. effectively provided by an attorney. For a layman to
Simply stated, the manual didnt have the background provide such advice misleads taxpayers rather than
information and thorough explanation to verify the few assists them.
rules and principles supplied in Chapter 13. This publi- This publication will identify situations where you
cation is intended to fill that void.
should request legal assistance. Hopefully, your fa-
Volume 4 contains a generous supply of example miliarity with this volume will provide legal counsel
cases and many textual notes and case citations. If it with a more informed client. It will also identify solu-
leaves the impression that this is to supply an air of tions to less serious problems such as: apportioning
legalism to the chapter, you can rest assured this is vacated public roads, streets and alleys; interpreting
not the purpose. subdivision plats and maps; and determining the tax-
The example cases are to demonstrate how the court able status of the beds of public roadways.
analyzes and solves legal problems. They will also The law of dedication, as presented in this chapter, is
demonstrate that simple principles of law are much deeply embedded in American common law and the
less absolute in the context in which a problem is like- common and statutory laws of this state. To grasp the
ly to arise. They will most certainly show how certain significance of the rules and principles of dedication,
important principles of dedication were endorsed by it is important to know the relationships between
the Oregon Supreme Court. common law and statutory law. It is also important
The citations are, in part, for those who feel the to know what effect they have on court decisions.
printed word carries more weight than comments Therefore, we have given this topic brief attention in
on cases or digests of cases. But there was really no the preface.
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Two excellent publications provide insight into the and have applied them without deviation. It has ac-
law of dedication. The first, widely cited by the courts complished this with an almost religious regard for
and other authorities, is Elliotts Roads and Streets, precedent.
First Edition2 The other is the Oregon Law Review, spe-
cifically, a treatise by Sheldon W. Parks: The Law of
Dedication in Oregon.3 Precedent and the
Other sources referred to in this research were Common Law
Thompsons Commentaries on the Law of Real Property4,
Browns Boundary Control and Legal Principles5, Blacks
Precedent is the lifeblood of common law. The secu-
Law Dictionary6, Clarks A Treatise on the Law of Survey-
rity of our rights in real property, and certainty that
ing and Boundaries7, Skeltons Boundaries and Adjacent
those rights will continue to be recognized, demands
Properties8, the American Law Reports Annotated9, and
that accepted and established legal principle, under
every Oregon Supreme Court decision regarding
highways and dedication contained in Reports of which those rights accrue, be recognized and fol-
Cases Decided in the Supreme Court.10 lowed by the courts.14The policy of the courts to stand
by precedent and not disturb settled point is called stare
decisis.15
Overview Thompson explains: Once such a rule is recognized,
Websters New Collegiate Dictionary defines way as
11 future situations must be controlled thereby for the
a thoroughfare for travel from place to place. Elliott12 doctrine of certainty to be available to traders in
says: way can be either public or private... and a way land. Such common law must not be subject to ready
open to all people is a highway, i.e. streets, alleys, change by either the courts or the legislatures or the
bicycle paths, bridges, and public walkways under doctrine of certainty will be ruined. 16 This is not to
jurisdiction of the cities, and ferries, roads, alleys, suggest that stare decisis is a law or strict policy that
bicycle paths, bridges and walkways under jurisdic- binds the courts, or that they have always been faith-
tion of the counties. State highways are public ways. ful to that policy. But, as regards the law of dedica-
However, in this chapter the word highway always tion, the Oregon Supreme Court has most certainly
means those public ways under jurisdiction of the cit- stood by precedent.
ies and counties, unless prefixed by the word state,
Websters defines common law as:
e.g. state highway.
Dedication is an appropriation of land to a public The body of law developed in England, primarily from
use by the owner, and accepted for such use by the judicial decisions based on custom and precedent, un-
public13 (acceptance can be formal or informal). The written in statute or code, and constituting the basis of
body of statutes, rules of law, principles of construc- the English legal system and of the system in all of the
tion, rules of intent and constitutional provisions U.S. except Louisiana.
governing the highways are referred to as the law of This definition gives the impression that there is one
dedication. body of real property law in operation throughout
The problems encountered in mapping and assessing the United States. However, it is not that simple. Al-
the highways are similar to the highway and dedica- though alike for the most part, the common law dif-
tion problems that have been before the Oregon Su- fers enough from state to state to result in 50 versions
preme Court. For example: of the law in operation throughout the country-one
The vacation and abandonment of highways. in each state.
Reversionary rights in the highways. In Peery v. Fletcher,17 the court concluded the rules and
Prescription. principles of the common law of England (as they
Adverse possession of dedicated lands. existed before the American Revolution) are to be in
Interpretation of lines, spacing and wording on full force; that is, so far as they are applicable and are
maps and subdivision plats. of a general nature, and are not in conflict with the
Effect of paying taxes on dedicated lands. Constitution or special enactments of the legislature.
Misuser or diversion. This is a strict interpretation of Article XVIII, Section
Acts constituting dedication and acceptance. 7 of the Oregon Constitution:
The courts have resolved these and other highway All laws in force in the Territory of Oregon when this
and dedication problems, have enunciated rules and constitution takes effect, and consistent therewith, shall
legal principles to be used in solving like problems, continue in force until altered, or repealed.
14-2
The laws in force were those prescribed by the 1844 point, it was that way as long as anyone could re-
Legislative Committee of the Provisional Govern- member or any writing had recorded such use. Thus
ment of the Oregon Territory: it was recognized that the inhabitants of a town could
acquire the right to go upon certain land for the pur-
The common law of England and the principles of eq-
pose of drying their fishing nets, holding fairs, or
uity not modified by the statutes of the Iowa Territory,
taking water.24
or this government shall be the law of the land.
Blacks25 defines customary rights as: A usage or
The important question is: What is the common law
practice of the people, which by common adoption
today in Oregon? The answer is:
and acquiescence, and by long and varying habit,
The established common law of Oregon is that body has become compulsory, and has acquired the force
of customary law based on judicial decision embodied of law with respect to the place or subject matter to
in the reports of cases decided in the Oregon Supreme which it relates.26
Court; made by applying custom, reason and estab-
Although certain people, and sometimes certain
lished legal principles to general disputes, and made in
classes of people (in England), benefited from cus-
consideration of the lex situs.18
tomary rights, seldom did those benefits extend to all
It is safe to assume the court decisions are in consid- people--the public. Moreover, where customary rights
eration of English common law, the constitutions, were acknowledged, it was usually under the condi-
and state statutory law. tion there would be no improvements made to the
land. Those factors and the requirement that use be
The next important question is: What is the relation-
for time immemorial, made it difficult for the pub-
ship between Oregon common law and the Oregon
lic to acquire ways for travel, trade and commerce.
Revised Statutes?
Consequently, customary rights gave way to the
The explanation is that often the statutes govern in doctrine of dedication. Thompson says: The earliest
situations not governed by the common law. In some judicial recognition of dedication was in 1713.27
cases, the statutes clarify a common law or define
Parks cites the 1732 cases of Rex v. Hudson28 and Lade
how a common law will be applied in this state. Some
v. Shepherd.29
statutes exist where a common law principle already
controls; e.g. the rights of reversion in vacated dedi- Dedication in England was (and remains) confined to
cated ways. In such cases, the statute merely acts to highway purposes. But in the United States it was ex-
codify the common law principle. tended to include parks, commons, squares, wharves,
plazas and cemeteries.30
Like statutory law, the common law of Oregon can
be altered by the legislature. Any alteration is subject In 1841, when the first wagon trains were departing for
to the strictest legal interpretation, because where a Oregon, dedication was an accepted doctrine of the jus
common law principle exists, it very likely has the commune (common law) of the Eastern and Mid-west-
consequence of a property right protected by the Fifth ern states. The people migrating from those states were
Amendment19 and 14th Amendment 20 to the United a conservative lot, proud of their heritage and in no
States Constitution, and Article I, Section 1821 and Ar- hurry to change their political, economical and religious
ticle XI, Section 422 of the Oregon Constitution. way of thinking. Nor were they about to discard the jus
commune as they knew it. In 1844, the Legislative Com-
Since those who framed the constitutions intended
mittee of the Provisional Government adopted English
them as forming the fundamental and paramount
common law as the law of the Oregon Territory.
law of the nation and of the State of Oregon, it stands
to reason that an act of the legislature repugnant to The Oregon Supreme Court has held that the consti-
any of these constitutional provisions is not law. The tutions of new states could not take from the people
legislature, as well as the courts, are bound by the the rights accruing to them as citizens under a for-
constitutions. 23 mer territorial government.31 Presumably, those who
framed Oregons Constitution were aware of this
Evolution of the when they included Article XVIII, Section 7 in the
constitution. That section adopted all the land laws
Law of Dedication of the Oregon Territory.
The roots of dedication are in the Anglo-Saxon cus- Territorial Land Laws
tomary law. Customary rights included the rights of
certain people to use land as it had been customarily Subdivision plats and maps issued prior to statehood
used for time immemorial. From a practical stand- are the source of litigation and problems regarding
14-3
the dedication of highways, parks, commons, etc. ed that such portions of the town as the community
They also generate problems regarding the location may designate as streets or public grounds, for that
of the lines of streets and alleys for mapping and reason becomes so, and are not liable to individual oc-
assessment purposes. The correct interpretation of cupation.37
these plats and maps requires an understanding of
The courts, in Carter v. City of Portland ,38 Lownsdale v.
the land laws in force in the Oregon Territory.
Parrish39 and Lownsdale v. The City of Portland,40 dis-
At the time of the organization of the Oregon Territory cussed the question of which laws were extended to
in 1848, an anomalous state of condition existed here. the Oregon Territory by the congressional act of 1848.
The country was extensively settled, and the people All decisions were in harmony. The courts held that
were living under an independent government estab- neither the 1824 Pre-emption Act, the 1844 Townsite
lished by themselves. They were a community in a Act, nor the 1824 County-seat Act41 were extended
full sense of the word, engaged in agriculture, trade, to the Oregon Territory in 1848. In fact, Congress
commerce and the mechanical arts. They had built passed no law in anywise affecting title to lands in
towns, opened and improved businesses, developed Oregon Territory till 27th September, 1850,42 i.e. the
farms, established highways,32 passed revenue laws Donation Law (often referred to as the Donation
and collected taxes. Land Claim law).
As a necessity of their condition and the cornerstone The 1850 Donation Law granted a half section, or 320
of their government and social fabric, they had estab- acres, to every settler over 18 who was a citizen or
lished a land law, regulating the possession and declared his intention to become a citizen before Dec.
occupation of the soil among themselves. It is highly 1, 1851, and who occupied and cultivated his land
probable that all of this was known by Congress at before that date. If married before that date, his wife
the passage of the Act of 1848, organizing the Terri- was also granted 320 acres.
tory of Oregon.33 In that act, Congress declared that
Between Dec. 1, 1851, and Dec. 1, 1853, settlers had to
the laws of the United States should be in force in the
be white males, 21 years of age, to receive 160 acres.
territory so far as the same, or any provision thereof,
The wives also received 160 acres.
may be applicable. 34
A February 1853 amendment extended the expiration
The leading feature of the land law of the provisional
date of the act to 1855, and permitted the settlers to
government provided that every male inhabitant of
patent their land claims after two years of occupancy
the country over a certain age should hold and pos-
for $1.25 per acre. It also allowed widows title even
sess 640 acres of land. The uses that the land might
though occupancy requirements had not been met.
be put to were immaterial. In the disposition of the
public lands, this state of things called for peculiar An 1854 amendment granted 160 acres to orphans of
legislation, differing in toto from that required in an settlers who took lands under the land claim laws.
unsettled country. Under the Donation Law, 2,567,285 acres were grant-
ed through 7,329 patents.
Prior to the Territorial Act of 1848, a settler held only
the mere possession of land. The first settler on a tract The 1844 Townsite Act was extended to the territory
of land could not charge the land, in the hands of the by a special act of Congress July 17, 1854.
successors in interest, with any easement or encum-
In conclusion, dedication was a recognized doctrine
brance.35 Consequently, a settler could not burden the
of common law in the Oregon Territory as early as
land with a dedication of the land for any public use.
1844. That year, Dr. John McLoughlin laid out the
In 1848, when Congress organized the Oregon Ter- town of Oregon City, dedicating streets, alleys, a
ritory, there were certain important land laws in the promenade on the bluff, and other lands to the public.
United States. The Pre-emption Act of May 26, 1824, But until land was patented under the 1850 Donation
was an act granting to the counties or parishes of Law, a settler could not legally charge the land with
each state or territory of the United States, in which a dedication to the public.43 This was because prior to
the public lands are situated, the right of pre-emption the Donation Law, a settler had only the right of pos-
to a quarter-section of land for seats of justice in the session to the land. Therefore, although dedications
same.36 were made prior to 1850,44 they were ineffective.45
In 1844, Congress enacted the Townsite Act. This was In the McLoughlin situation, the 1851 Legislature
a special and temporary act, intended for a town of the Oregon Territory recognized this. It was con-
already built up. In this act, an occupants right of cerned about the problems that could develop from Dr.
selection as to the particular land he would occupy McLoughlins sales of lands that were not really his to
was subordinate to the law of the community who sell or dedicate. It resolved the problem by confirming
constitute the occupants of the town. It also provid- title to the interests he conveyed46 and bequeathed.47 In
14-4
the case of Oregon City v. Oregon and California Railway 1. Dedication.
Company48 to be discussed in this publication, the court
ruled in favor of his dedications. 2. Grant (purchase or donation).
3. Eminent domain (ORS Chapter 35).
How Highways are 4. Statutory proceedings, e.g. use of road viewers
Established report as provided by ORS 368.073, eminent do-

main, dedication as in chapter 92, or acquisition
as in ORS 368.073.
Highways can be established by one of five different
methods. These are: 5. Prescription (the rarest of the five methods).49
14-5
The intent of the dedicator is
the foundation and life of all
dedications, and the intent
must be clearly manifested.
McCoy V. Thompson
84 Or. 148
15
CHAPTER
DEDICATION
15-1
15-2
acceptance by the public, the dedication becomes com-
Dedication plete.8 Common law dedications are in the nature of
estoppel in pais.9
In Harris v. St. Helens,1 a case often cited for its defini- Common law dedications do not require formal ac-
tion of dedication, the court said: ceptance by cities or counties, or by anyone. Howev-
Dedication is an appropriation of land to a public use, er, the courts recognize certain acts that constitute ac-
made by the owner, and accepted for such use by or on ceptance by the public, or by counties and cities. This
behalf of the public. A dedication may be express, as will be discussed in greater detail elsewhere in this
when the intention to dedicate is expressly manifested publication. Although a city or county is committed
by a deed or an explicit oral or written declaration of to maintain and repair a public highway established
the owner, or some other explicit manifestation of his by a statutory dedication, they are not responsible for
purpose to devote the land to public use. The dedication maintaining and repairing a public highway created
may be implied by some act or course of conduct on the by common law dedication. This is the only signifi-
part of the owner from which a reasonable inference of cant difference between the effects of the two kinds
his intent may be drawn or which is inconsistent with of dedication.
any other theory than he intended a dedication. In Huggett et ux v. Moran et ux,10 the Supreme Court,
But the definition provided in the case of Security citing Moore v. Fowler,11 held to the rule that . . . prop-
Investment Co. v. Oregon City2 will suffice for the first erty owners for their own benefit, cannot impose a street or
principle. highway upon a municipality against its will and compel it
to improve or repair that street or highway.12
Principle 1
Principle 3
Dedication is an appropriation of land by the owner for
a public use.3 The law of dedication does not permit property owners
to impose land upon the public, or a municipality against
It has been repeatedly held in Oregon: The dedica- their will.13
tion of land to the public for use as a street or high-
way may be either by statutory dedication or by com- However, if the highway is duly accepted by the
mon-law dedication.4 county, the duty to establish and maintain the way
then arises.14 An offer of dedication may be implied
Principle 2 as accepted by some act or acts showing that the mu-
nicipality has assumed control and possession of the
Dedications are of two general kinds: statutory and common law highways.15
common law.5
A statutory dedication is made when a person complies

The Public; Public Use
fully with the provisions of the statutes, showing
that certain formalities, when observed, operate as The definitions of the terms the public and public
a dedication of lands to the public.6 For example, a use, supplied by the courts, are important to the law
statutory dedication is made by recording a subdivi- of dedication.
sion plat, approved in accordance with ORS Chapter The public, by Blacks definition, is: Everybody and
92, that contains a dedication of streets and alleys to accordingly the body of people at large; the commu-
the public. nity at large, without reference to the geographical
Acceptance of the subdivision plat by the proper of- limits of any corporation...; the people.16 But since
ficials commits the responsible government body to we know that most people will never use, desire to
maintain and repair the streets and alleys actually use, or need to use any specific public highway, we
constructed and in use. With statutory dedications, need to qualify the above definition as follows: It
acceptance is usually formal.7 does not mean all the people, nor most of the people, nor
many of the people, but so many of them as contra-distin-
Common law dedications, sometimes referred to as parol
guishes them from a few. However, the term the public
dedications, arise by operation of law from the acts of
cannot exclude any member of our society: For so long as
the owners. A common law dedication may exist
any citizens are excluded from a common use, it is not a
by express grant and need not be evidenced by any
public road.17
writing, nor by any form of words, oral or written. If
the donors acts are such as to indicate an intention The definition supplied in McQuaid v. Portland & V.
to appropriate the land to the public use, then upon Ry Co.18 will serve the purpose, i.e.:
15-3
Principle 4 Common Law Dedications
The public is the general mass of the people without
regard to any legal organization.19 As recent as 1973, the Oregon Supreme Court has ad-
hered to principle that streets may be established by
Therefore, a road dedicated to the public must remain common law dedication, and may be either express
open to travel by the general mass of the people. or implied.24 This is reiteration of the principle as laid
down in the 1873 case of Carter v. City of Portland,25
No person may be excluded from common use of
one of the first Oregon cases evaluating such dedica-
the public way. Although cities are guardians of the
tions. This case is typical of the problems with many
streets and alleys, cities are not the public. Cities have of the earliest townsite plats. The principles set out in
no constitutional authority to restrict the use of streets this case have survived the test of time and of a long
and alleys to the exclusion of any member of society, line of high court decisions.
to the benefit of a limited segment of the community.
This was a suit by the City of Portland to quiet title to
The streets are in the public, not the municipality.
blocks 280 and 281 of Coffins Addition to the City
The term public use is used in constitutional provi- of Portland. The city claimed it was owner in fee
sions restricting the exercise of the right to take pri- simple of the blocks dedicated as parks. T. J. Carter
vate property in virtue of eminent domain. To clarify and O. P. Mason claimed an interest in the land ad-
that the taking could not possibly benefit every mem- verse to the city, i.e. that the dedication was by former
proprietors and was, subsequently, void.
ber of our society, the courts apply a more practical
definition to the term: Note: Although this case involved a park rather than
streets, the court pointed out that: The same doctrine
Principle 5 applies to public squares and parks, and the dedication may
be established in the same manner as in the case of streets
Public use means a use concerning the whole commu- and alleys.26 This is true as to the act of dedication
nity as distinguished from particular individuals.20 and as to the requirement that the land not be used
for purposes other than for which it was dedicated.
Elliotts Roads and Streets21 provides this simple test to But as to the underlying fee, it is different in parks,
determine if a road is public, or whether the publics squares and commons from that of public ways. This
rights are being recognized. will be discussed in the section on Effect of Common
Law and Statutory Dedications.
Principle 6 These facts were established in testimony:
If it is free and common to all citizens, then, no matter 1. During 1850, Daniel H. Lownsdale,27 Stephen
whether it is or is not a great length, or whether it leads Coffin and W. W. Chapman were in possession of
to or from city, village, or hamlet, or whether it is much or and claimed to own the Portland Land Claim.
little used, it is a public road. 2. In that year, but before the passage of the Sept.
27, 1850, Donation Act, they ordered a survey
It should be evident at this point of the discussion of blocks, lots, streets, parks and other public
that private individuals are not the public. Conse- grounds of the townsite of Portland. Portions of
quently, where an unconstructed, dedicated street is the area were designated on the ground by stakes
fenced by an abutting owner and is used for garden- and monuments.
ing, a private individual may not remove and destroy 3. At that time they had a (Mr.) Short make a map of
the fence and garden on behalf of or in the name of the the area. The map designated the area in question
public.22 The Oregon Revised Statutes make provision as public parks, but the lots were unnumbered.
for taking possession and opening such highways 4. Before the surveying and mapping of the Port-
by authorized governmental agencies. Never tell a land Land Claim, the land of the claim was being
taxpayer that since the land is a dedicated street, anyone settled and used for trade and commerce.
who so desires may trespass to force access. This will be
5. In 1850, a John Brady, at the request of the pro-
easier to understand as you progress deeper into this prietors, made two copies of the map drawn by
publication. Short. On both copies blocks 280 and 281 were
It is also noteworthy that the public does not, in the numbered and designated as public parks.
opinion of the courts, possess the capacity to take fee 6. Coffin took possession of one of the copies by
title to the land in a dedicated public way.23 Brady and began selling land by reference to the
15-4
Brady map. Keep in mind that the selling 12. On Dec. 4, 1867, he made and recorded a plat
of this land before the Donation Law was legal. designated as Coffins Addition to the City of
But as you discovered in the subsection on Ter- Portland. He attached to it a written explana-
ritorial Land Laws, prior to the Donation Law a tion donating all streets, as shown by the plat. He
settler held only the mere possession of land, and stated that on this plat the parcels lying between
could not charge the land with any easement or East Park Street and West Park Street, desig-
encumbrance. So, prior to Sept. 27, 1850, nothing nated on previous maps or plats as public parks,
Coffin did amounted to a common law dedica- were numbered respectively as blocks 276, 277,
tion. The testimony to this point merely sets the 278, 279, 280, 281 and 282.
scene for the common law dedication that will
It was the courts job to ascertain whether the acts of
occur with the very first sale that Coffin makes
Coffin were properly regarded as evincing a clear in-
subsequent to passage of the Donation Law.
tention to dedicate and whether the dedication, when
7. The City of Portland was incorporated by a Jan. made, became irrevocable. It made it clear that it was
23, 1851, act of the territorial government. not concerned with who had the fee to the land.
8. In April 1852, the city council adopted the Brady The court recited a principle set down in United States
map as the official plat of the city. v. Chicago,31 which will used for Principle 7:
Comment: The resolution read: Resolved, the Principle 7
city council of Portland adopt the plat of said city
drawn by John Brady as the city plat; and that the The mere surveying of lots, streets, parks and squares, and
mayor appoint a select committee, with instruc- the making of a map or plat of the area will not amount
tions to call upon the proprietors of the City of to a common law dedication without a sale.32
Portland, and obtain from them a bond or deed
of all the public streets in said city, and a deed to But Coffin sold land by reference to the Brady map
trust for all land donated to benevolent societies, that showed lots, blocks, alleys, streets and public
public schools, public squares, etc. This resolu- parks. Citing a number of legal sources and prec-
tion was not in the court report, but was noted in edents,33 the court held:
Church v. City of Portland.28 The select commit-
If one owning land, or having equitable interest
tee was unsuccessful in its assigned task.
therein subsequently acquires the title thereto, and lays
Also unmentioned in the court testimony was thereon a town, and makes and exhibits a plan with
the fact that on Dec. 9, 1852, a plat of D. H. certain ground marked as streets, alleys, public squares
Lownsdales claim was delivered to the clerk or parks, and sells lots with clear reference to a plan or
and recorder of Washington County for record. map, the purchasers of the lots acquire, as appurtenant
It included a map or plat of the original town thereto, every easement, privilege and advantage which
of Portland, which map or plat was conceded to the plan or map represents as part of the town.34
have been the Brady map. It was recorded Dec.
The court, in Carter, recognized the well established
16, 1852 (Church v. City of Portland).29
rule: ... that a sale of lots or blocks with reference to a
9. Coffin was fully aware of the April 1852 resolu- given map or plat describing lots and blocks as bounded by
tion and the official plat. streets, will amount to an immediate and irrevocable dedi-
cation of the streets.35 As emphasized earlier in this
10. Coffin adopted, exhibited and used the Brady map
case, the court recognized that the rules applicable to
from the time it was made, and after passage of the
the dedication of streets and alleys apply equally to
Donation Law, after adoption of the map as the
parks, public squares and commons.36
official plat of the city, and up to Dec. 4, 1867, he
made sales with reference to the Brady map. The court reasoned that when individuals are induced
to purchase lots or lands bordering a public square or
Not mentioned in the testimony was that Coffin,
common, in expectation that they shall remain as such,
Lownsdale and Chapman obtained a patent to
the sellers cannot redesignate the lands designated as
the Portland Land Claim, in severalty from the
parks and commons and appropriate them to any other
United States under the Donation Law.30
use. Even in 1873, the chief concern of the court is protec-
11. Subsequent to the Donation Law and before Dec. 4, tion of the consumers rights, i.e. the grantee, rather than
1867, Coffin sold lots on the blocks lying opposite the grantor, city or even the public. This proved to be
to and facing the public parks. At the same time, the crux of all opinions regarding common law dedica-
he informed the purchasers that the lots purchased tions. It is consistent with the unwritten policy of giving
were situated adjacent to public parks. the grantee benefit of the doubt.
15-5
In the Carter case, the court held that Coffin made an it invalid. Consequently, after his death, James Steel,
irrevocable dedication by parol of the land designated administrator of the Holladay estate, brought suit to
on the maps and plats as public parks. Forty-five recover the park to make it part of the estate.
years later, in Menstell et al v. Johnson et al,37 the court,
Steel contended the making and filing of the plat,
adhering to precedent established in Carter, held:
with the land in dispute marked as a park, fol-
lowed by a conveyance of lots with reference to the
Principle 8
plat, did not constitute a legal dedication of the park.
Where the owner of land lays out and establishes a town He also charged that if, by chance, the dedication was
and makes and exhibits a map or plan thereof, and sells legal, the public lost its rights by the statute of limita-
and conveys lots by reference to such plan or map, the tions before Ben Holladay died.
streets and public places designated on that document The court cited the conditions for a common law
are irrevocably dedicated to the public.38 dedication laid down in Carter v. City of Portland,43
Meier v. Portland Cable Ry. Co.,44 and Hogue v. City of
The sale and conveyance of lots and blocks accord- Albina.45 Briefly, the conditions were: (1) owning land,
ing to such plan or map implies a covenant that the (2) having it surveyed, (3) executing a plan, map or
streets and other places designated on the plan or plat, (4) showing the area divided into lots, blocks,
map shall never be appropriated by the owner to a streets, alleys, parks (or other public areas), and (5)
use inconsistent with that represented by the map.39 selling the lots and blocks with reference to the plan
To reclaim the land would be in violation of good map or plat. But, as you will soon discover, other
faith to the public and grantees who purchased the cases only require the selling of lots and blocks with
lots with the expectation of using the streets and en- reference to a plat containing the dedications to create
joying the public parks, squares and commons. In the an irrevocable dedication.
case of the sale of a lot with reference to a plat, there is
the added feature that an easement indicated by the This case involved parks, not highways, but the court
plat constitutes a part of the consideration passing to reiterated the principle explained in Carter v. City of
Portland:46
the purchaser.40
Dedicated parks were the subject of litigation in Principle 9
yet another case, Steel v. City of Portland.41 In this situ-
ation, Ben Holladay conveyed to G. W. Weidler, as Them is no difference in the principles applicable to
trustee, 241.94 acres of land in Portland. Sometime the dedication of public streets and public squares or
prior to December 1870, Holladay had the entire parks.47
tract surveyed, platted, and laid out in lots, blocks
and streets under the name of Holladay Addition. The court continued: In each case the dedication is
He had Weidler execute the plat which was recorded to be considered with reference to the use to which
Dec. 17, 1870. the property may be applied or the purpose for which
the dedication is made. This may be ascertained by
In February 1871, Holladay had Weidler make and the designation which the owner gives to land upon
execute a second plat of the same area. This was the map or plat, whether it is designated as a street,
intended to take the place of the former plat. It was square or park.48
recorded in February. The land in dispute was labeled
park on both plats. But soon after recording the sec- Justice J. Bean clarified this by adding: The word
ond map, Holladay had the park enclosed with a sub- park, written upon a block of land represented upon a map
stantial fence. He had the park area maintained until or plan of a city or town, is as significant of a dedication,
1883, when the city took possession of the property. and the use to which the land is intended to be applied, as
the word street, written on such plan. The popular and
After making and recording the plats, Holladay sold natural meaning of the term (park) when so used (on
and had Weidler convey lots and blocks with reference the plat) is: a piece of ground set apart for the enjoyment,
to the plat. Some of the lots fronted and abutted the comfort, and recreation of the inhabitants of the city or
streets surrounding the park.42 town in which it is located. This is so whether the word
is used alone or with some word, as central park.
Holladay apparently had second thoughts about
(Clarification supplied.)49
the dedication of the land. Before he died, he let it
be known that he might be able to retake the park. In this case, the court ruled that Holladay made an
After all, it was evident the city did not appreciate irrevocable dedication of the park. It did not rule on
his gift. Otherwise, they would have improved and the matter of whether the statute of limitations would
beautified the park. Moreover, he sensed there was run against the public, but it held that Holladay never
some irregularity in the dedication that would make held the property by adverse possession.
15-6
In cases where an irrevocable dedication was made was made with express reference to the recorded
as the result of selling lots and blocks with reference plat for lot number one was described as being lot
to the plat, it is not essential to show that the plat was No. 1 (One) as appears on the recorded plat of said
actually recorded. That principle was contained in Hadleys Addition to Mill City in the recorders office
Kuck v. Wakefield,50 i.e. at Salem in said Marion County. 55
Principle 10 Principle 12
It is not necessary to show that the map upon which Ordinarily the sale of a single lot completes the dedica-
such streets, alleys, public parks, etc., were displayed, was tion and more especially does the sale of a single lot ef-
recorded, but simply that it was used and referred to by fect a dedication of a street upon which the lot abuts.56
the proprietor in selling the lots.51
Consequently, the sale of lot No. I (One) to Shaw
The courts claim that common law dedications are operated as an acceptance of the offer of Hadley to
not because of the record itself, but for the reason of dedicate the adjacent land as a street and rendered
conveyances being made with reference to the plat.52 the dedication irrevocable.57
The deed to Wadsworth from Hadley expressly ex-
Number of Sales Required cepted Hadleys Addition to Mill City. Therefore,
In McCoy v. Thompson, the plaintiff,53 Alice McCoy, Wadsworth acquired no greater rights than Hadley
filed suit to enjoin E. A. Thompson from enclosing owned, and Thompson, who purchased from Wad-
a 40-foot strip of land that Mrs. McCoy claimed was sworth, does not own more than his immediate
a street. Thompson claimed it was his land and was grantor. The dedication, which was made by the sale
not a street. of Lot No. 1, to Shaw, not only bound Hadley, it also
bound his successors in interest.58
The controversy arose out of the platting of Had-
leys Addition to Mill City. The land in question Intent
was shown on the subdivision plat as a street 40 ft.
wide. The writing accompanying the plat did not The intent of the dedicator is the foundation and life of all
contain any words of grant, and although another dedications and the intent must be clearly manifested.59
street was mentioned, it did not make reference to
The intention of the owner as evidenced by his acts
other streets shown on the plat. Justice Harris ob-
and the acts which he permits and encourages is con-
served: The writing is not in the form usually ad-
trolling on the issue of dedication.60
opted, and it may well be the subject of debate as to
whether it constitutes a perfect statutory dedication.
Principle 13
He was of the opinion there was not a statutory dedi-
cation of the streets, reciting this principle: In order to constitute a dedication by parol there must
be some act proved which would clearly indicate an in-
Principle 11 tention of the owner to dedicate the land to public use.61
Such an intent, however, is not a secret open, but is that
An unsuccessful attempt to dedicate land under a stat-
which is expressed in the visible conduct and open acts
ute, if followed by sales with reference to the plat, may
of the owner.62 The owners acts and declarations should
result in a completed common law dedication.54
be deliberate, unequivocal and decisive and manifest
a positive and unmistakable intention to permanently
Did H. J. Hadley, the proprietor of the land, make
abandon his property to the specific public use.63
sales with reference to his plat? Testimony and
evidence showed that on April 18, 1889, he conveyed
If the owners acts and declarations are equivocal
Lot number 1 (One) in block number 1 (One) in
and do not clearly and plainly indicate such intention
Hadleys Addition to Mill City to Angus Scott Shaw.
they are insufficient to establish a dedication.64
Title to that lot, through mesne conveyances, was in
the plaintiff. On April 29, 1904, Hadley conveyed 106 In Security Investment Co. v. Oregon City,65 Justice Rob-
acres of land to James M. Wadsworth. The 106 acres ert S. Bean explained why a dedication is not to be
included the 40-foot strip of land in dispute. Subse- presumed.
quently, Wadsworth conveyed a smaller parcel of
The burden of proof rests with the defendant (in
land, including the land in dispute, to the defendant.
this case, Oregon City) to show a dedication.... The
The court ruled: The offer by Hadley to dedicate the security and certainty of the title to real estate are
street became a completed and irrevocable dedication among the most important objects of the laws of any
when he delivered the deed to Shaw. The conveyance civilized community. Around it the law has thrown
15-7
certain solemnities and formalities so that the fact reation, comfort, and enjoyment of the grantees of his
may be known and read by all men. What a man once townsite, and the inhabitants of the city.
had he is not presumed to have parted with, but the fact
In Steel v. City of Portland,72 Ben Holladay labeled the
must be shown beyond conjecture. And, although in the
disputed land on his plat as park. The word park
case of streets and public grounds in towns, from the
was sufficient to show an intent to represent the land,
nature of the case, a dedication may be shown by acts to potential buyers, as a place for the resort of the
resting on parol, they must be of such a public and delib- public for recreation and enjoyment. His first sale of
erate character as makes them generally known and not of land by reference to that plat irrevocably dedicated the
doubtful intention.66 park to the public.
So, it must be proven beyond conjecture that a In McCoy v. Thompson,73 the subdivider did not make
landowners intent was to dedicate part of his or her a clear written dedication of the disputed land. The
land to the public. To the layman this probably gives court ruled the subdivider had not made a statutory
the impression that such proof demands an explicit dedication. However, he delineated the land in dis-
oral expression of intent in the company of a witness, pute, on his plat, with two parallel lines that scaled
or an explicit explanation in writing. But neither level 40 feet apart. He showed the notation Street 40 ft.
of proof is essential for the landowners intent to be wide. That notation showed an intent to dedicate
made known. The intention of the owner to devote the land, as a public way, because the court held:
the land to public use may be shown by deed, words,
acts, conduct or any other class of satisfactory evi- Principle 15
dence.67
The word street has only one meaning. When the owner
Principle 14 of, land makes a plat and refers to a strip of land as street,
he does not mean a private way, but the term signifies a
No particular form is necessary to the validity of a com- public way in all that public way implies.74
mon law dedication, and it need not be in writing, as the
statute of frauds has no application to the doctrine of To the court, the 40-foot strip of land appeared on the
dedication. All that is necessary to the validity of a com- plat in such a manner as to be inconsistent with any
mon law dedication is the assent and intent of the owner other theory than to show an intent to dedicate the
to appropriate it to public use, and any act or acts clearly land as a public way.
manifesting an intent to dedicate is sufficient.68
The words road and alley, when shown on a plat,
are sufficient to convince a court that the proprietor
In Parrott v. Stewart the court said: In determin-
69
at least intended to represent the land as a public
ing as to a dedication, the intention of the owner is
way.75 If prefixed by the word private, or the context
the controlling factor; but the law does not seek for his
requires the meaning to be private, a court will
undisclosed intention. It acts upon his intention as usually rule that the proprietor intended to confine
evidenced by his acts and the circumstances which he the land to a private use.
permits or encourages.70
Other terms are held to imply a private use, e.g. re-
Consequently, the courts are not concerned with served for wharves, garden square, hotel site, strand, and
what a landowner had in mind when that person sold the like. In Harris v. St. Helens,76 the court explained:
lots with reference to a map or plat showing parks
or streets. The buyers could not read the proprietors The Century Dictionary defines reserved thus:
mind. They could only base their decision on what kept for another or future use; retained; kept back.
the proprietor said, presented in writing, displayed This is the primary and general acceptation of that
on the map or plat, or implied by certain acts or con- word. The phrase Reserved for wharves, written
duct. In Carter v. City of Portland,71 the proprietor sold in the part of the plat marked strand, signifies that
lots by reference to a map that showed certain blocks the owner retained or kept back the tract represented
as public parks. He informed buyers that the lots by that space for wharves. Wharves may be pri-
were fronting on public parks. He was aware the vate property, and hence the words Reserved for
City of Portland adopted his map and delineated the wharves do not manifest an intention on the part of
blocks, in dispute, as public parks. Yet he never the owner to part with the title to the strand or devote
it to a public use.
contested the map. He replatted part of the area
and confirmed, in writing, the fact that the blocks Reserved is merely a signal that land, or an interest
had been previously labeled as public parks. His in land, is being held back or retained for some future
actions, plat, oral remarks and writings showed an use. To interpret its meaning the court must consider
intent to represent the land as a place for the use, rec- it in context with the whole statement, and often in
15-8
context with the whole plat. Depending on how it is tober, 1852, by said claimant Daniel H. Lownsdale)
used, it can mean reserved for public use or re- together with enlargements. Now, know ye that so
served for private use. much of said claim as is covered with said original town
plat or map and the enlargements are included within
The statement reserved for streets and alleys or reserved
the marginal lines and the northern claim line and the
for park, without any other explanation, means re-
river Willamette, inclusive, may and by my permis-
served for the use by the public, because streets,
sion be subject to the bylaws of a corporation for said
alleys and park connotes a public use. Reserved
town or city under charter from the legislature of the
for a public landing implies a landing for use by all
Oregon Territory so far as making regulations for the
the public. However, the statement, This park re-
public streets as laid down by their particular width
served from public use, and title kept in proprietors,
(but not further), also any public square for ornamental
clearly shows an intent to retain the land for private
purposes (but not otherwise), also any public parks. The
use. The court, in this case, said: Stronger language
several public streets are particularly marked with their
could not have been used to show that they did not
names and widths. Those running eastward and west-
intend to devote the land to public use.77
ward commence at low tide water mark at the margin
Lang v. Portland78 serves as an excellent example of of the Willamette River (except south of Market Street),
how the courts evaluate the wording of plats and and are all 60 feet in width, and no more. The wharves
other writings, and the acts and conduct of the pro- and wharfing privileges are all specially reserved to the
prietor, to determine intent. As you review this case, holder of the claims, and never (except by deed) sub-
try to identify the facts that show intent. ject to any but the laws of the Territory of Oregon or
In this case, the appellants filed suit to prevent the ordinances of town or city corporation as other town
City of Portland from using block number 132 as a (private) property. The marginal above referred to are
site for a public auditorium.79 They claimed the origi- marked (A, B, C, D, E, G, H, I, J, K, on or not far from
nal owners of the town site, Stephen Coffin, Daniel center of each line). N.B. All rights as claim holder and
H. Lownsdale and W. W. Chapman, dedicated block not particularly described above or quitclaimed to oth-
132 for a public market. They also charged that the ers to private individuals are specially reserved to me
diversion of the use of this land from that of a public and my heirs forever. Given under my hand and seal
market would cause special injury to them. this 3rd day of December, A. D. 1852.
The proprietors map80 did not show any references Daniel H. Lownsdale [L.S.]
to block 132 being reserved for any purpose. In March Blocks 54 and 55 appropriated for public square. C.
1852, the three proprietors decided to secure patents Church appropriated to the Congregational Church No.
under the Donation Act of 1850 in order to secure 23, North half B. Church appropriated to the Baptist
legal title to their land. They partitioned their claim Church No. 62, North half F. Seminary appropriated to
and entered into an escrow agreement stipulating Female Seminary No. 205. Blocks having other marks
that each of them should acquire title to the part set are unappropriated, but left subject to the uses as fol-
off to him. After securing title, they would issue new lows: At any time they will be substantially improved
title to those who had purchased land from them, i.e. for the following purposes: B. 150 Free Masons, Odd
to protect their grantees rights. The agreement was Fellows, Sons of Temperance and Lyceum; block 132
also to protect each of them from the complications and 172 for markets; North half block 134 district
arising from the claims of their several (sic) wives to school; block 211 for Male Seminary; South half block
portions of such donation claims. 208 for Daughters Temperance. The parks of 80 feet in
Coffin and Chapman each took the necessary steps width are already appropriated for public parks.
to secure title to the lands set off to him. Lownsdale, Received for record December 9th. Recorded Decem-
however, undertook to acquire title to the entire tract. ber 16th, A.D. 1852.TM
After taking the required steps in that direction on
Dec. 9, 1852, he filed a map and memorandum for W. S. Caidwell
recording, which read (in part): Clerk and Recorder
Plat of D. H. Lownsdales Claim, including map or Sometime after the making of the Brady map, but be-
plat of the original town of Portland (on what is known fore 1854, a map of the City of Portland was made by
as the Portland Claim of land, which claim is held un- T. O. Travailliot, the captain of a French ship visiting
der record, in the territorial record books in the name Portland. In 1866, a map was made by a Mr. Burrage,
of Daniel H. Lownsdale; recorded on the 23rd day of which, by order of the city council, was filed with
September, A. D. 1848, at Oregon City by Theophilus the county clerk. The Travailliot map was not in evi-
McGruder, recorder, and proven up before the surveyor dence, but testimony was supplied that block 132 was
general of Oregon at Oregon City on the 28th of Oc- tinted with a reddish color.82
15-9
A patent, under the Townsite Act of 1844, was issued the property only as a public market place, regardless
by the federal government to the City of Portland on of its possession of a warranty deed to block 132. If,
Dec. 4, 1860. On March 8, 1861, a patent was issued on the other hand, a dedication was not made, the
to W. W. Chapman for a donation land claim. Both city would use the land for an auditorium, assuming
patents included block 132. it had good title to the land.
In 1852, the city council, by resolution, adopted the What evidence showed Chapmans intent to dedicate
Brady map as the official plat of the city. It appointed block 132 to the public: his sales by reference to the
a committee to secure bonds or deeds of the streets Brady map, or Lownsdales map? The court said the
and deed of trust for the lands dedicated by the pro- Brady map was silent to any public use of block
prietors for public purposes. But the committee failed 132. Moreover, W. W. Chapman said he never saw
to secure the bonds, deeds and deed of trust. Lownsdales map, and he sold lots and blocks by
Prior to June 16, 1864, an action in ejectment83 was reference to the Short-Brady map. Evidence to the
begun by W. W. Chapman against T.J. Carter for the contrary was not produced.
possession of block 132. Chapmans action was suc- Suppose, for the sake of argument, Chapman was not
cessful. In 1865, the City of Portland began an action telling the truth; possibly he had made one sale by
in ejectment against Chapman, who filed an answer reference to Lownsdales map. From the discussion
setting up title, possession, and right of possession in to this point, it is known that one sale with reference
himself. While Chapmans action was pending, the to a map will result in an irrevocable dedication of all
city council settled the controversy by paying Chap- lands dedicated on the map. It is also known that the
man $1,200 for a warranty deed to block 132. In that map doesnt have to be the proprietors map. Would
action, the city based its right of possession upon the Chapman be estopped from denying the dedication?
patent issued it under the 1844 Townsite Act. His acts would show an intent to accept all things
It was conceded that W. W. Chapman, the patentee of represented on the map: the spaces, lines, words, dis-
the land in controversy, sold lots and blocks as repre- tances, declarations and dedications. Was Principle
sented upon the Brady map, but there was no evidence 13 overlooked? Did Chapmans acts and declarations
that he ever knew of or used the Lownsdale map. show a deliberate and unequivocal intent to dedicate
block 132 to the public? Were his acts and declara-
The property had never been used as a public market. tions decisive and manifest a positive and unmistakable
For several years, it was used by L. G. Pfunder for his intention to abandon his property to the specific public
business as a gardener and florist. Under his agree- use?
ment with the city, he improved and cultivated it
with a view to its becoming a public park. Thereafter, The court ruled:
with the consent and approval of the city authorities, There is nothing upon or connected with the
it served as a site for a Mechanics Fair Pavilion for Lownsdale map in the nature of a dedication.
about 10 years upon the condition that they erect Block No. 132 is platted thereon in like manner as
thereon buildings of a specified value, to be used other blocks, and there is no legend or statement
exclusively as a market place. That corporation as- except the one unsigned, which reads as follows:
signed its lease and franchise to the Peoples Market
Association. It defaulted by not complying with the Blocks having other marks are unappropriated but left
terms of the lease. The city council sought to repeal subject to the uses as followsblock 132 and 172 for
the ordinance, and the corporation began a suit to markets, etc.
enjoin the city from so doing. The city prevailed and There is nothing in this statement inconsistent with
the suit was dismissed. Since that time the land was private ownership.
used for wood storage and for balloon ascensions.
Justice Benson, citing City of Pella v. Scholte,84 ex-
The important question for the court to answer was: plained:
Did the city hold title to the property, by a dedication
which would have precluded its use for any other The phrase Garden Square does not express or
purpose than that of a public market, or did it hold necessarily imply a dedication to the public. The
block 132 by purchase from W. W. Chapman? implication from the expression is rather the other
way. There seems, however, to be nothing con-
The appellants contended that any acts of dedication
clusive either for or against the dedication in the
had their inception in D. H. Lownsdales Decem-
words used. The same has been the holding as to
ber 1852 filing of his map. They also claimed that
hotel site85 and wharf.86
Chapmans selling of the property, with reference to
Lownsdales map, made the dedication binding. If a It will be remembered that the Lownsdale map,
dedication to the public was made, the city could use referring (among others) to block No. 132, says:
15-10
... unappropriated, but left subject to the use as fol- This was a suit in equity by the owner of property on
lows: When they will be substantially improved for Water-Street in Portland to enjoin the proprietors
the following purposes: . . . Blocks 132 and 172 for and their vendees from erecting buildings on the
markets. river bank in front of the plaintiffs premises. At issue
was a strip of land between the Willamette River and
Every market in Portland today is private prop- a front row of blocks nearest the river. The plaintiff,
erty. The above plat statement, as it impresses us, Josiah L. Parrish, claimed the strip was dedicated to
seems to negate any intention to devote the land to the public for a street and levee as a result of sales by
a public use. reference to the original plat, and as a result of the
Counsel for the appellant presented the argument proprietors subsequent conduct and declarations.
that the escrow agreement, entered into by Lowns- The defendant, Thomas Stephens, claimed the street
dale, Coffin and Chapman, committed Chapman to did not cover the entire strip, but left a narrow mar-
the alleged Lownsdale map. The court knew of no gin of land along the river reserved as private land.
precedent to support that contention. But even if the Only a copy of the plat was in evidence. The absence
argument were valid, nothing on the Lownsdale map of the original, made by Brown, the surveyor, was
showed an intent to dedicate block 132 to the public. unaccounted for. Both parties testified that, except
for certain subsequent additions, the copy was cor-
It had already been decided in 1861 that Lownsdale
rect. The document relied upon by the defendants
never had title to the area of land that included block
as excluding the strip of land in controversy from
132. For that matter, the city did not acquire title to the street was pasted to the back of the copy of the
the land by virtue of the townsite patent. Its title came plat. It was in tabular form, with columns headed:
by way of the warranty deed from W. W. Chapman, To whom sold, When sold and No. of block.
free from limitations of its use. The court referred to this as the table of sales. It
In other cases before the Oregon Supreme Court, it contained only one entry: William Warren, Jan. 1,
is necessary to analyze the lines, omission of lines, 1848, Lot 4 Block 27. A caption at the top of the table
spaces, wording and the omission of certain wording of sales read:
to determine intent. Three such cases are provided All lots are 50 by 100 feet. Water Street, in front of
in detail. These are not to teach you the law, but to blocks No.s 4 and 5, is 30 feet wide; in front of blocks
help you think like the court when you are faced with No.s 1 and 8, is 60 feet wide. All other streets are 60
the problem of analyzing a map or plat to determine feet wide.
intent for mapping and assessment purposes. Hope-
The platted area was typical of most early townsites
fully, your decision will be in harmony with the prin-
and additions. The lots and blocks were rectangular.
ciples of law provided by the courts.
The blocks were separated by spaces that usually
represent streets. Like most of the older townsites
Note: Use of a way by the public may amount to a
bordering rivers, this one had a space for a street
dedication when the circumstances of the case indi- between the river meanders and the row of blocks
cate the intention of the owner to make a dedication. nearest the river. The following is the courts consid-
Such use, however, raises only a rebuttable presump- eration of the plat lines, spaces, lettering, wording or
tion of an intent to dedicate.87 This topic will be lack of wording:
discussed in the section, of this publication, on Pre-
scription, Adverse Possession and License. The plat copy shows blocks and lots, designated
by numbers, with blank spaces between them,
which coalesced with each other at their intersec-
Parrish v. Stephens88 tions, and with the surrounding blank spaces at
the sides of the plat. Near the first row of blocks
This 1853 case is presented for its historical signifi- the Willamette River is drawn at such a distance
cance as well as for its analysis and interpretation of as to leave a narrow strip between, which owing
a plat and testimony. It is the first case in the Oregon to the meanders of the river, is of variable width,
Territory dealing with dedication. It sets to rest the being in some places narrower, and in others
length of time the doctrine of dedication has been wider, than the blank spaces between the rows of
recognized in this state. The analysis by the court blocks.... The sizes of the lots and blocks, and the
was thorough, and its interpretation of the plat and width of these several spaces, are not marked; nor
determination of intent was excellent. However, it is there any evidence on the face of the plat that the
overlooked one very important fact. See if you can spaces were intended for streets,89 except that they
identify that oversight. You have already been given form a connected network of open space among
the first clue. The answer is given in Footnote 97. and in front of the blocks; making all the lots acces-
15-11
sible from each other and from the river, which is The court, in Parrish, cited the case of McLoughlin
here an arm of the sea, within the ebb and flow of v. Stephens92 to show the conditions necessary for a
the tide, and a resort for shipping. dedication to fail:
Upon the face of the plat there is the same evi- There was a line, as well as a natural boundary,
dence that the strip is a street, as that those spaces namely, a precipitous bluff, along the brink of
are streets which separate the rows of blocks. The which the outer line of the street was drawn upon
cross streets terminate at its inner edge, and do not the face of the plat. The street was bounded on the
traverse it and terminate at the river: and if it be plat by two parallel straight lines, and in the open space
not a street, then the continuity of the street is broken, between them was written: width, 66 feet; and the strip
and half the lots fronting on this strip are inaccessible between this street, thus marked, and the river, from the
without passing over private property (emphasis sup- top of the bluff to the water, was from 150 to 200 feet .
plied). Indeed, it is admitted to be a street, and . . It was, therefore, evident, from the plat and to-
its eastern boundary alone is disputed. But the pography of the place that the street was confined
plat carries on its face, no evidence of any other to level ground and the top of the bluff; and there
boundary than the river. As stated before, neither being no other evidence of dedication, but rather
the width of the strip, nor the width of a street to the contrary, the Ohio court held that the strip was
be taken out of it, is stated; nor is any line drawn private property.
upon it between the front lots and the water line of
In Louisiana, where this subject assumed impor-
the river; nor is any other intimation given that the
tance, in the 1800s, from the widening of these
entire strip is not as much a street as the entire strip
quays by alluvial deposits; and where it had been
between any two rows of blocks. It is not unrea-
thoroughly studied and discussed, such plats are
sonably wide for the quay90 of a commercial town,
considered sufficient evidence of dedication; and
but on the whole, rather narrow for that purpose,
Chancellor Kent cites approvingly the opinion of
being, in much of its extent, narrower, and but for
Chief Justice Martin (of Louisiana), that when the
a slight curve in the river would be nowhere wider
plan of a city, fronting on a navigable river or the
than the ordinary streets of the town. And yet,
sea, has an open space between the front row of
from its location, it must necessarily be much more
houses, or street, and the water, in public use, it
used than any other, for the carting of goods, and
becomes part of the port, without any other desig-
for the ordinary uses of city streets; and besides, it
nation or evidence of dedication,93 This is precisely
must be the receptacle of all goods imported and
such a case, such a plat, such a strip, and such a
exported by the vessels resorting there. It is quite
public use of it. And if the case stood upon this
as important to the town proprietors as to the in-
alone, there would be very little danger of error in
dividual lot holders and other citizens, that load-
pronouncing in favor of a dedication.94
ing and unloading of vessels, which confers upon
the town its principal importance, should not be The defendants failed to produce evidence that
embarrassed by the caprice and avarice of private proved when the plat was prepared, and by whom it
persons who might own the land adjacent to the and the document were made. The plat copy showed
water; and they appear by the face of the plat to more than double the number of blocks originally
have adopted, as reasonable men, the usual and laid off. It was written in the same hand, with the
proper means of guarding against this evil. That same ink, and evidently at the same time. The court
this street was intended to enjoin the river, to form concluded the copy must have been prepared after
the connecting link between all highways of the town the additions were made to the town. It contained the
and the great highway of water, upon which the town name of Stark written in vacant blocks, as if to indi-
is dependent, is therefore, both reasonable in itself, and cate a reservation. The court was convinced the plat
apparent from the face of the plat. was made after Stark became a joint proprietor. The
first sales were made in 1846. The first entry in the
By the year 1853, the U.S. Supreme Court had al-
table of sales was 1848. It was, therefore, likely that
ready ruled on an identical (even regarding the street
the plat was prepared approximately three years after
name) situation, i.e. in Barclay v. Howell.91 The court
the town was originally platted. The court said: If it
said: There is nothing on the plat which shows any
had been made before that time, the first entry would
limit to the width of Waterstreet, short of the river to
have been made of a sale prior to 1848.
the south. If a line had been drawn around its south-
ern limit, there would have been great force in the The court was reluctant to base a decision on a copy
argument that the ground between such line and the of the plat, especially one that was not claimed to be
water was reserved by the proprietors. a true copy of the original. It asked:
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If this memorandum (table of sales) was not an statement of an existing fact, and may be true or
afterthought, why was it hid away where no one false without changing the fact itself. Indeed, it is
would look for it, or be likely to find it by accident, but a partial description, for it states the width in
instead of being written on the plat in the usual front of only one-half the original blocks. If it be
way, where an interpolation would be detected? construed as a dedication of so much ground, then
And if it was likewise attached to the original plat, it dedicates no ground in front of original blocks
why has not that fact---the very fact on which the case 2, 3, 6 and 7, and the five new blocks below, in
might turn--been proved by the production of that front of which the strip is continuously marked.
plat, or by oral evidence after showing its loss? We The ground dedicated would then be in three,
get our first knowledge of this memorandum from small, detached parcels, and not a long, continu-
the witness Hanner, who says that in 1849 or 1850, ous Water-Street. The descriptive memorandum is
Coffin showed him a map by which he discovered to be understood in the same respect to all blocks,
that the streets were 60 feet wide, leaving a fraction lots and streets. If any other street were wider or
along the river, part of which he proposed to buy, narrower than described, surely the excess could
but Coffin declined selling, for the reason that he not be added to, or the deficiency taken from the
wished to leave it vacant for public use. adjacent lots; and if lots were found greater than
described, surely the proprietors could not reclaim
Pettigrove, in his testimony, said the lots and streets
the excess.
were the size represented on the copy, except that:
Front-Street, as he called it, was 30 or 35 feet in front The streets and lots are marked, as well as their
of blocks 4 and 5, as will be seen by the original plat. dimensions given. The boundaries of Water-Street,
But failure to produce the original plat left the court as marked, are the river on one side and the front
with this conclusion: The absence of that original lots on the other. If the quantity exceeds the de-
not being explained, its contents cannot be insinu- scription, the excess may as well be taken from one
ated in this illegitimate, unsatisfactory and suspicious side as from the other--as well as next to the river.
mode. It would base the decision on testimony and But the rule in all such cases is, that the land within
the acts, declarations and conduct of the proprietors. the actual boundaries, and no more, passes by the
deed or plat, or other conveyance, be it more or
The other numerous witnesses, several of whom
less than the quantity assumed. The grantor is nei-
mentioned the original plat, appeared to be ignorant
ther allowed to reclaim an excess, nor required to
of the memorandum. Hannon, Coffin and Pettigrove,
make up a deficiency. This being a conveyance of
on the side of the defendant, were the only witnesses
not so wide a strip, but of a particular strip, between
who had knowledge of its existence. The court rea-
marked boundaries, described as of certain widths
soned:
at certain places, the memorandum (table of sales)
If it had been generally known, and lots had been containing that description must give way to, and
purchased and the town built up with that knowl- cannot override, those boundaries if the two are in
edge, the claims of the defendant could have been conflict. In no view that we can take of this docu-
easily proved. The failure to prove it is equivalent ment, therefore, can it affect the prima facie dedi-
to disproof, when taken in connection with the cation appearing on the face of the plat. (Note: A
recent date at which the memorandum apparently prima facie dedication would suffice until con-
was made, and the strange place it is found contradicted and overcome by other evidence; prima
cealed,95 and the seemingly prevalent ignorance of facie meaning: at first sight; on the first appearance;
its existence. We think its binding effect (that this a fact presumed to be true unless disproved by
strip was reserved for private use) is not established some valid evidence to the contrary.)
by the plat and memorandum. And even if it were
Pettigrove, in his testimony, did not say the water-
of binding obligation, the width of the strip has not
front strip was not set apart for public use, but merely
been proved; and the inference of Hanner from a
that he did not remember having said so. Six witnesses
map shown by Coffin, that a strip would remain
testified that on numerous occasions he stated the
after taking out the street, is not sufficient without
strip of land was reserved for public use. The court
actual measurement. And furthermore, if such ex-
thought little of Pettigroves testimony. Justice Ol-
cess were found, it does not necessarily follow that
neys opinion was:
it would be private property. The table of sales ap-
pears to be the statement of a descriptive fact--that His (Pettigroves) memory, saying nothing of his
the street, or strip, is of certain widths at certain veracity cannot, therefore, be trusted. In his opin-
detached places--rather than a term of limitation ion, it was enough that Lovejoy sweated positively
appropriating so much for a street. The language is to the act of setting the land off for public use, in
that Water-Street is so wide at those places. This is a which act and intent both proprietors concurred;
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none of which was denied by Pettigrove, and that signs. The Surveyor General was required to issue
this original act of dedication, thus satisfactorily proper certificates to each purchaser or donee, upon
established, was, for a series of years, repeatedly which patents were to issue as in other cases. The
confirmed by the declarations and conduct of Pet- remainder of the Oregon City claim was taken from
tigrove; contemporaneously with corresponding McLoughlin and given to the Territory of Oregon
use of the ground by the public, in full confidence for university purposes.99 As directed by the Dona-
of their right, with his knowledge and without tion Act, the Surveyor General issued certificates to
objections, as a mass of testimony shows. This the holders of title from McLoughlin. In due time,
provides the unhesitating belief in the mind of the patents were issued to them in which the land was
court that the strip (of land) was thrown out to the described according to the map previously made and
public, precisely as Lovejoy states. filed by McLoughlin.
The court, at this point, was of the opinion that even After March 4, 1849, and prior to receiving notice of
if there was no original dedication, the land was pub- the passage of the Donation Act, McLoughlin sold a
lic by adverse use from 1845 to 1850. It also said that number of additional lots. In 1851, the title to those
abandonment by the proprietors estopped them from properties was confirmed by the Legislature of the
reasserting their ownership. It rendered the plat and Territory of Oregon.100 McLoughlin died in 1857, leav-
table of sales of little consequence: ing as his legatees his son, David, his daughter, Eloise
Harvey, and her husband, Daniel Harvey. In 1859,
For he who induces the public to believe his land a gift,
David conveyed his interest in his fathers estate to
or knowingly permits them to use and treat it as their
Daniel Harvey.
own, until they have so accustomed themselves, and ad-
justed their property and accommodated their business In October 1862, the state legislature formally accept-
to it, they cannot, without detriment, be dispossessed, ed the governments grant of the Oregon City claim
confers a right which he can no more resume without for university purposes. At the same time, it con-
wrong, than he can rightfully seize what was acquired veyed title to Daniel and Eloise Harvey for $1,000.101
otherwise than by his gift. Turpe est fidem fallere, it After becoming the owners of the property, the Har-
is base to disappoint the expectations we have veys did not make a new map or plat of Oregon City,
authorized, is the keynote of the common and but sold and conveyed by deed lots and blocks by
civil law of which equity is compounded. It is a reference to the map made and filed by McLoughlin
fundamental principle of natural justice, pervad- in 1851. From the date of the filing of that map to the
ing all systems of jurisprudence and common to all date of this case (January 1904), the map was used
countries where man is civilized (sic).96 and considered as the only plat of the city.102
This court held that: Water-Street was bounded on About 600 feet east of and substantially parallel with
the east by the Willamette River, from block 8 on the the river is a perpendicular bluff about 100 feet high.
south, including the street on the south side of block It divides the town as platted by McLoughlin into two
8, to the claim of John H. Couch on the north.97 portions--the lower town, or that part lying between
the foot of the bluff and the river, and the upper town
lying on the top of and back from the bluff. The map
Oregon City v. Oregon shows a strip of land of varying width between the
& California Railroad Co. 98 most westerly tier of blocks in the upper town and
the edge of the bluff. In this space on the map appear
This was a suit by Oregon City against the Oregon and the words, All the open or vacant spaces in front of
California Railroad Company to determine ownership these blocks are donated for a public promenade. In
of the land now used for the Southern Pacific Railroad the dedication by McLoughlin, which accompanied
right of way, and the promenade at the top of the bluff, and was made a part of the map, it is stated that the
both parcels of land being in Oregon City. space between the edge of the bluff and the tier of
blocks referred to is donated for a promenade for the
In 1849, Dr. John McLoughlin laid out an addition to
inhabitants of Oregon City.
the town of Oregon City. In December 1850, he made
and acknowledged a map of the entire town, which Between the foot of the bluff and the east line of the
was recorded in January 1851. McLoughlin had only first tier of blocks west is a space varying in width
the fight of possession to the Oregon City claim, yet from a few inches to perhaps 100 feet or more. This
he sold and conveyed numerous lots and blocks by strip of land is about 2,500 to 3,000 feet long and is
reference to the map of Oregon City. By the Sept. 27, not marked on the map in any way. The space is
1850, Donation Act, the title to all the property sold substantially parallel with and one block distant from
or granted by McLoughlin before March 4, 1849, was Main Street. It was generally referred to by the public
confirmed to the purchasers or donors and their as- and designated on the city records as Bluff Street.
15-14
All the lots on the east side of the tier of blocks west January 1899. Oregon City contended the property
of it front or abut upon it, and all the cross streets and was dedicated to the public by McLoughlin, and that
alleys open into it. It is not enclosed at either end. On the dedication was ratified, approved and confirmed
the north it opens into Center Street, and on the south by the United States, the State of Oregon and the
into the space marked The Mill Reserve. It had nev- Harveys. The position of the railroad company was:
er been enclosed, nor had it been improved, but it had (1) McLoughlin never made or intended to make a
been used for crossing at numerous places on the line dedication of the property, (2) he did not have title;
of cross streets. The upper town extends along the therefore, if he did intend to make a dedication, the
bluff five blocks farther south than the lower town. attempt was without effect, (3) the Harveys got title
In the dedication by McLoughlin all the space below to the property from the State, not from McLoughlin,
the edge of the bluff, in front of these five blocks, is and (4) the state never recognized or intended to
reserved as private property. A similar reservation recognize any dedication to the public of the land in
is made of all the spaces in front of the blocks on controversy.
Water Street not covered by the width of the street The Clackamas County Court ruled in favor of Or-
(60 feet). egon City. The railroad company appealed to the
The Oregon Central Railway was organized in 1867 Supreme Court. Mr. Justice Bean delivered the fol-
to build a railroad from Portland to the southern lowing opinion of the court:
boundary of the state. In March 1868, upon the com- 1. Although McLoughlin never acquired title
panys request, the council of Oregon City granted to to the land in question, his map was recognized
it a right of way from its tract on any of the streets by the U.S. government and the State of Oregon
of the city except Main Street. In 1870, it transferred when confirming title to his grantees. It was also
and conveyed all rights of way, franchises and prop- recognized by the Harveys after they acquired title
erty belonging to it to the defendant Oregon and and conveyed lots and blocks with reference to
California Railway Co. (O. & C. R.R. Co.). In the same McLoughlins map. The court held: It is well settled
year the O. & C. R.R. Co. applied to the city council that, where the owner of land exhibits a map or plat of
for leave to use a portion of Bluff Street for depot a town thereon, showing lots, blocks, streets and other
purposes. Permission was granted on condition it public ways, and sells and makes deeds of conveyance by
pave and keep open as a public thoroughfare 25 feet reference thereto, he thereby dedicates to the public the
of block 25, belonging to it, in lieu of that portion of streets and public places thereon.103 This is Principle
Bluff Street occupied by the depot. The railroad 8 of this publication.
track was built along the space called Bluff Street,
and its depot was located thereon. It has been oc- The answer, then, required interpretation of the plat
cupied and used as a railroad and depot to this date to discover McLoughlins intent.
(March 4, 1985). 2. As to the land on top of the bluff, The case
In 1876, Leahy and his wife, the heirs in law of the is clear. In the donation as acknowledged by
Harveys, asserted some claim to the land occupied by McLoughlin and recorded, it is stated that it is
the railroad company, and asked damages for mate- donated for a promenade for the inhabitants of
rial taken by the company from the adjacent ground. Oregon City, and on the map as made and filed
The defendant, as a compromise and relinquishment by him and subsequently adopted by the Harveys
of such claim, paid them $500 for a conveyance of all that is donated for a public promenade. But as
their right, title, and interest in such land and a re- to the land below the bluff, the case is not clear.
lease for damages. The description in the deed was so In our opinion, however, it is very apparent that
indefinite, however, as to render uncertain the prop- it was designed and intended to be dedicated to
erty intended to be conveyed. In 1891, the railroad the public as a street or public way. At this point
company procured another deed from the Leahys the court proceeds to analyze the cartographic elements
of McLoughlins map. It extends almost through
conveying to it by definite description all their title
the town north and south, dividing it (the land in
to the entire space of ground between the west line of
controversy) into two parts, and is parallel with,
the most westerly tier of lots on the bluff and the east
and one tier of blocks distant from, Main Street.
line of the most easterly tier of lots below the bluff.
It is not enclosed by lines at either end, nor where
This included the space donated for a public prom-
it is intersected by cross-streets or alleys. In short,
enade and the space referred to as Bluff Street.
it appears upon the map in such a manner as to be
A question subsequently arose among the plaintiff, entirely inconsistent with any other theory than it was
Oregon City, and the defendant as to the rights of the intended as a street or public way, notwithstanding
respective parties to use the property included in the its easterly line follows the irregular course of the
Leahy deed to the defendant. The suit commenced in bluff, making a street of varying width, and that
15-15
there appears on the map no word or mark that can its main tract, depot building, roadbed, water tank,
be construed as naming the tract a street. The cross switches, and side tracts.
streets and alleys all open into it, and four lots on
each block, from 20 to 29, inclusive, front up on it
in the same manner as lots in other portions of the
Security Investment Co.
town front upon their streets. Two of the inside lots v. Oregon City107
of each of these blocks are otherwise inaccessible
from the public street. Unless it was intended as a This example of plat interpretation by the Supreme
street or way, there would be no connection between Court is a suit by the Security Investment Com-
the upper and lower town, except over private property pany of Oregon City against Oregon City to quiet
or by a roundabout course. The fact it is not named title to certain so-called street ends, or extensions, of
as a street is by no means conclusive evidence of Fourth, Fifth, Sixth, Eighth, Ninth and Tenth Streets
a lack of intention to donate it as such.104 Indeed, in Oregon City. The land in dispute is between Water
the presumption is that, as it was not expressly Street and the Willamette River as shown on the map
reserved for private purposes, it was intended for acknowledged by Dr. John McLoughlin on December
public use. 2, 1850. The plaintiff claimed that, by virtue of mesne
conveyances108 from the heirs, legatees, and devisees
The court then cited the following rule that we will of Dr. John McLoughlin and by certain sheriffs tax
identify as Principle 16. deeds, it was the owner in fee simple of the above
strips of land.
Principle 16
The city did not deny that title was vested in the
If the owner of the soil throws open a passage, and nei- plaintiff if its predecessors had any interest in such land to
ther marks, by any visible distinction, that he means to convey. The city claimed the land in controversy was
preserve all his rights over it, by positive prohibition, he dedicated as streets for use of the public.
shall be presumed to have dedicated it to the public. It
The investment company contended that, even if it
is a safe rule to resolve doubts in such cases against the
was assumed there had been a dedication of the land
donor, and, within reasonable limits, to construe the dedi-
in controversy, the city was estopped to assert that
cation so as to benefit the public, rather than the donor.
the land was public streets. The company claimed
Naturally, the presumption is that one who records a plat,
this was so by reason of permanent and valuable im-
and marks upon it spaces that appear to form no part of provements made on the land, by the company and
any platted lots, dedicates the land represented by the its predecessors in title, with acquiescence of the city.
spaces thus excluded to public use.105
The plaintiff also asserted that it was not the inten-
The court continued: tion of the dedicator that these strips of land should
extend beyond the west line of Water Street.
It must be presumed, therefore, that it was the
intention of McLoughlin and the Harveys to do- Aside from the question of estoppel, the intent of the
nate the strip of land, in controversy, to the public. dedicator was the vital issue in this case. The genesis
The presumption is confirmed by the fact that the of McLoughlins map was the same, basically, as out-
space below the bluff immediately south of and lined in Oregon City v. Ore. & Cal. R. Co.109 The court
adjoining that land in controversy and the space added this background information:
between Water Street and the river are expressly In 1846, a few years prior to the time Dr. McLough-
reserved as private property, thus indicating an lin laid out and established the townsite, Oregon
intention to donate all other vacant spaces shown on City had a population of 500 and there were about
the map to the public. seventy houses. The doctor had completed his
The court also ruled: The defendant did not ac- sawmill near the falls. Roads and highways were
quire title by adverse possession. Its entry was by unknown and the river, a navigable stream, was
permission and acquiescence of the city. Having so the sole avenue for transportation.
entered and occupied the land, it cannot claim that Dr. McLoughlin was a shrewd business man with
its occupancy has been adverse to the city, or that a prophetic vision and it is not surprising that, in
it is now entitled to exclude the public from the use dedicating property for public use, certain reser-
of the property.106 vations hereinafter discussed, relative to the land
along the river front, should have been made.110
The court ruled in favor of the city, i.e. that the lands
in dispute were parol dedications, confining the de- On the lower plane (of the town) next to the river
fendants use of the street to that portion occupied by is the business district. This plane is so narrow that
15-16
it affords space for only two streets, Water Street At this juncture, reference to the following rough
and Main Street. (Note: The court forgot about sketch of the McLoughlin plat may be helpful. (See
Bluff Street.) Intersecting these two streets at right figure 4-1.)
angles, about 200 feet apart, are numerically desig- Having in mind the above plat, it is well to con-
nated streets, 1 to 15 inclusive. The top of the east sider the map prepared by the State Highway
bank of the river is about forty feet above ordinary Department in February, 1936, and corrected as
low water mark, and is approximately the same of February, 1937, concerning the locus in quo.
level as the above named two streets in lower This map prepared by skilled engineers with in-
town. The bank of the river extending to the wa- struments of precision, shows that the distance
ter line is of solid rock formation, precipitous and between the west line of Water Street and the river
of uneven contour. opposite 10th Street is from 89 to 100 feet; opposite
8th Street, 42 to 60.8 feet; and opposite 6th Street,
Water Street, which runs along the top of this from 31.4 to 65 feet. It is evident from these mea-
high bank parallel with the river, is designated surements that the west line of the Applegate sur-
on the plat as being 60 feet in width. At some vey made in 1844 marks the edge of the high bank
points on Water Street the irregular line of the and not the river or property line of the Oregon
bank encroaches upon it so as to necessitate the City Claim. It is quite reasonable to assume that
construction of fills in order to maintain vehicu- Applegate, in making his survey, ran his lines for
lar traffic. The river itself encroaches upon Water Water Street by omitting the rough land between
the bank and the waters edge as being utterly un-
Street at only one point--between 8th and 9th
fit for a street. Dr. McLoughlin acknowledged his
streets. Here the river forms a cove extending
dedication six years after this survey was made.
into Water Street.111 A dock was maintained there The map before showed the encroachment on Wa-
for many years. In more recent times the dock ter Street which he desired to be 60 feet in width.
was abandoned and a bridge was built across It is probable that he contemplated that sufficient
this cove on Water Street. For the entire length of land on the lower level would be taken to give the
Water Street, excepting the cove between 8th and street full width. If this west line of the Applegate
9th streets, there is land between the west line of survey represents the property claim at the edge
Water Street and the river. A part of the irregular of the river, then the intention to have Water Street
strip of land was platted by Dr. John McLoughlin 60 feet in width, as declared in the legend, would
as fractional lots (see figure 4-1)... the remainder be rendered futile as the dedicator did not own the
thereof reserved as private property. On some of bed of the river.
these fractional lots, buildings have been erected Referring to the McLoughlin plat, it is observed
and maintained for many years. that there are no parallel lines opposite 4th, 8th
15-17
and 9th streets, indicating any intention to dedi- must be surveyed in the light of the then existing
cate the areas in question as streets, although there conditions, and not only must the acts and docu-
was sufficient land west of Water Street upon ments created by the dedicator be considered, but
which such lines could have been extended had likewise the general character of the land and the con-
the dedicator desired.112 dition of the country at the time of dedication.
It is observed from the plat that on 7th Street, At this point, the court stated a policy that we will
where the bridge across the river is located and include as Principle 17:
has been for many years, two parallel lines are
extended beyond Water Street indicating a clear Principle 17
intention to dedicate such area as a street. This
street is not in controversy, but reference thereto is Plats by which dedications are made are to be inter-
pertinent relative to the question of intent of the dedica- preted by the court as any other writing would be, and
tor. It may also be noted that further provision for are to be construed as a whole in order that the intention
access to the river at almost water grade was made of the dedicator may be ascertained, and every part of
at 15th Street--the plat showing two parallel lines the instrument given effect.113
extending beyond Water Street (not shown in fig-
ure 4-1). The map shows that fractional lots have The court held it was not the intention of Dr.
been platted opposite 5th, 6th, and 10th streets. McLoughlin to extend the streets in question to the
It is observed that only single lines have been ex- river:
tended beyond Water Street, although there was
It would have been unreasonable to do so in view
land west of such street upon which two parallel
of the precipitous bank and the general contour of
lines could have been extended--thus clearly indi-
the land. The narrow strip of rough and rocky land
cating streets--had the dedicator so desired.
along the river had no value for street purposes. It
The court had to determine if the single lines indi- had a definite value for moorage, wharfage, and
cated boundaries of fractional lots or the extension of manufacturing purposes which would have been
streets. Engineers, called as expert witnesses, differed greatly lessened if it continuity had been broken
in their opinions about the meaning of the single lines by theoretical streets never to be constructed. Dr.
opposite those indicating the so-called street ends. McLoughlin made ample provision for access to
Henry J. Richardson, chief surveyor for the City of the river over 7th and 15th streets.
Portland for more than 30 years, testified that it took On August 7, 1865, Daniel Harvey and his wife,
two sides to make a street, and that the single by warranty deed, conveyed to the Peoples Trans-
lines did not indicate an intent to extend the streets portation Company, a corporation, all land west of
involved herein to the river. This witness answered Water Street from the Mill Reserve--located at the
yes in response to the following question: So the south end of Main Street--to Sixth Street. This con-
only one here that shows a street across Water Street veyance included property in controversy oppo-
is Seventh, in ordinary practice? D. Y. Meldrum, an site 4th and 5th streets. In view of the fact that the
experienced engineer, said the single lines didnt in- validity of the McLoughlin plat was established by
dicate anything in regard to a street. Other engineers their adoption and ratification, this conveyance
called to testify said the streets extended to the river. is strong proof of their interpretation of the plat.
The court said: The Harveys, in all probability, knew what Dr.
Of course, all this testimony of the engineers McLoughlin intended by his dedication.
was at best merely advisory. The opinions expressed Note: This last statement of the court is, at best, an
did not take into consideration the reservations of the assumption. The Harveys could have made the con-
dedicator nor the general contour of the land west of veyance on the advice of another, or they could have
Water Street. After all, it remained for the court to based the conveyance on their own interpretation,
ascertain the intention of Dr. McLoughlin, after with no real knowledge of McLoughlins intent.
consideration of all the facts and circumstances of
the case. As was well stated by the trial judge in The record showed that in 1895 T. L. Charman, a pre-
his able memorandum opinion: The record shows decessor in title of the plaintiff, fenced all the proper-
that the pivotal question to be determined is the ty west of the west line of Water Street from the south
intention of the dedicator with respect to the street line of 4th Street to the north line of 10th Street. The
ends at Water Street. This common law dedication to fence was maintained for many years. This, of course,
the use of the public rests upon the intention and clear proved nothing. Remember that in the discussion of
assent of the owner of the soil. Therefore, Dr. John Steel v. City of Portland,114 Ben Holladay enclosed a
McLoughlins conduct in the creation of this plat dedicated park with a fence and had the land main-
15-18
tained for 13 years, but the court did not consider solemnities and formalities so that the fact may
such an act as adverse possession of the land. be known and read by all men. What a man once
had he is not presumed to have parted with, but
The sixth point in the court decision was:
the fact must be shown beyond conjecture. And
Any doubt about the intention of Dr. McLoughlin although in the case of streets and public grounds
we think is removed by the express reservation as in towns, from the nature of the case a dedica-
shown on the plat of all the space in front of the tion may be shown by acts resting on parol, they
blocks on Water Street not covered by the width of must be of such a public and deliberate character as
the street (60 feet) is reserved as private property. . . . makes them generally known and not of doubtful
It is our opinion that Dr. McLoughlin intended to re- intention. (Emphasis supplied.)
serve as private property all unplatted land between
To constitute a valid common law dedication,
Water Street and the river, except 7th and 15th streets
there must be an intention on the part of the owner
which were plainly designated as streets.
to devote his property to the public, and his inten-
In Portland Ry., L. & P. Co. v. Oregon City,115 the tion must be clearly and unequivocally manifest-
court had under consideration the following ed120 (holding to Principle 13 of this publication).
reservation: All the space below the edge of the
The court concluded: Applying the well estab-
bluff along the front of blocks 73, 74, 75, 76 and 77
lished legal principle to the facts of this case, we
is reserved as private property. (Italics are the
cannot say that the intention of Dr. John McLough-
courts.) It was contended that the dedicator in-
lin and the Harveys to dedicate the land in contro-
tended streets to run through the Mill Reserve
versy as streets has been clearly manifested, nor
but the court held to the contrary. In Oregon City
that it has been established by the greater weight
v. Oregon & Cal. R. Co.,116 the court again had un-
of evidence. The court was also of the opinion
der consideration the McLoughlin plat. The case
that it was unnecessary to consider the question of
involved a certain strip of land at the foot of the
equitable estoppel.
bluff, about 300 feet east of Water Street, which the
city asserted was a street, and also land on top of
the bluff which had been reserved as a promenade Burden of Proof to Establish
for the inhabitants of Oregon City. In determining Intent to Dedicate
the intention of the dedicator, it was, of course,
necessary to consider the plat in its entirety and its This principle of the law of dedication was an-
various reservations. The court, speaking through nounced in Miller v. Roy W. Heinrich & Co.121 and was
Mr. Justice Robert S. Bean, in reference to the ques- reaffirmed in the 1974 case of Mid-County Cemetery
tions under consideration, said: District v. Thomason.122
It must be presumed, therefore, that it was the in- Principle 18

tention of McLoughlin and the Harveys to donate
the strip of land in controversy to the public. This To constitute a valid dedication, burden of proof is upon
presumption is confirmed by the fact that the space party asserting dedication to establish an intent, clearly
below the bluff immediately south of and adjoin- and unequivocally manifested, on part of owner to de-
ing that in controversy (Mill Reserve) and the vote property to a public use.
space between Water Street and the river are expressly
reserved as private property, thus indicating an inten- In the Miller case, the plaintiff filed suit for a declara-
tion to donate all other vacant spaces shown on the tory judgment seeking to establish that a strip of land
map to the public. (Italics are the courts.) had become a public street by implied dedication.
It is true that the reservation herein involved was The property involved in this case was owned by
not in controversy, but the construction which the Florence T. Munger and other members of her family.
court gave it is, nevertheless, highly persuasive. In 1909, they had the property surveyed and platted
for selling lots. The proposed plat was not approved
Dedication is an appropriation of land by the owner for
by the city or the county because of conflicts with
a public use. Dedication is not presumed.117 As stated
another subdivision.
in the early case of Lownsdale v. City of Portland,118
and quoted in the Hogue119 case: The burden of The plat included a street called Broadway which was
proof rests on the defendant to show a dedication. 60 feet wide and about 400 feet long. In September
It must be clear and satisfactory.... The security and 1915, Florence conveyed a portion of the real property
certainty of the title to real estate are among the included in the plat to Fred Warner. The property was
most important objects of the laws of any civilized described by metes and bounds and included the
community. Around it the law has thrown certain west one-half of what would have been Broadway
15-19
Street. In April 1945, a portion of the above property, occurred in 1945 when Mrs. Munger sold a portion
including the west 30 feet of the street, was conveyed of the property to General Foods Corporation. The
to William Heinrich, using a metes and bounds de- deed for that sale described the property by metes
scription. In July 1964, Heinrich conveyed to the de- and bounds and also referred to the property as be-
fendant, Roy W. Heinrich & Co., Inc., by a metes and ing known as various lots in Tongues Unrecorded
bounds description, what would have been lots 17 Addition to the City of Hillsboro. The third sale in
and 45 on the unrecorded plat and including also the 1967 conveyed the 30-foot strip to defendant Hein-
west one-half of Broadway Street. (However, the deed rich by metes and bounds.
did not specifically mention the plat or street.)
(This was the east 30 feet of the area platted as
In June 1946, the plaintiff (Miller), by a metes and Broadway.)
bounds description, acquired title to lot 16 according
to the unrecorded plat. Lot 16 adjoined Broadway There is no evidence that Fred Warner, who
Street on the east. The court records did not disclose purchased a portion of the property in 1915, or
the grantor of this parcel, but made it clear that it was General Foods, who purchased another portion in
not Florence T. Munger. 1945, saw or relied upon the map.
Miller claimed that the conveyance on Aug. 31, 1967, The evidence also disclosed that a map in the pos-
of the east 30 feet of the strip to the defendant (Hein- session of the title company referred to the property
rich) was a nullity. He claimed the legal effect of the as Tongues Unrecorded Addition; that copies of
prior conveyance of lot 16 was to convey to the plain- the plat or maps found their way into the county
tiff not only the property but also title to the 30-foot tax department and the county surveyors office and
strip, which would be to the middle of the street. In that on at least one of the maps Broadway Street was
support of this position, Miller cited the general rule designated as 312th Street. The plaintiff saw some
that, where land has been dedicated to use as a public of these maps when she purchased the property in
street, the fee in the street remains in the dedicator 1946. The strip was not assessed by the tax depart-
subject to the easement (see Principle 24). When the ment, for some unknown reason, until 1967, follow-
dedicator sells the land abutting the street, the abut- ing a reappraisal program by the county.
ting owners own to the center of the street subject to
4. The record does not show the necessary clear
the public easement. Upon a vacation of the street,
and unequivocal intent to devote the property to
the title reverts to the abutting owners free of the
public use. The plat was not approved by public
easement.123 (This is not technically a correct state-
authorities. The three sales from Florence Tongue
ment. The fact is, fee title never leaves the grantor or
Munger described the property by metes and
his grantees when a way is dedicated; therefore, how
bounds and there was no evidence that the pur-
can it revert upon vacation? It is the easement to
chasers saw or relied on the plat. The record does
the public that reverts.)
not show the conveyance from Florence Tongue Munger
Mr. Justice Howell delivered the opinion of the court: to plaintiffs predecessor so it is impossible to deter-
1. In order to invoke the above rule the plaintiff is mine whether such conveyance used a metes and
obliged to prove an implied or common law dedica- bounds description or described the property by
tion of the street because the plat was not recorded reference to the lots. After the city rejected the plat,
nor was it approved by the city or the county. Mrs. Munger made no further effort to record or
file the plat and just sold (the land) off piecemeal.
2. To constitute a valid dedication the burden of (Note: This is a statement of fact, not a condition
proof is upon the party asserting the dedication necessary to effect a common law dedication.)
to establish an intent, clearly and unequivocally
manifested, on the part of the owner to devote the Moreover, there was no evidence that the strip
property to public use.124 of land was ever improved as a street. On the
contrary, the evidence disclosed that the strip was
3. In cases where the party asserting the dedica- in grass and weeds and that later a garden was
tion relies upon an implied dedication, the sale planted. (Note: Keep in mind, however, that it is
and conveyance of lots with reference to the plat not necessary to either a common law or statutory
represent a dedicatory intention as to the streets dedication that a street be opened or improved at
indicated in the plat.125
any particular time.) The fact that the strip was not
The record shows only three sales by Florence assessed by the county is not persuasive. The fail-
Tongue Munger. The first sale in 1915 to Fred War- ure to assess was not explained, and it could have
ner used only a metes and bounds description of the been that the tax department overlooked placing
property (see figure 4-2, page 2-19). A second sale the strip on the assessment rolls.
15-20
The court held the strip of land did not become a pub- Broadway. But regarding the location of the lot-size
lic street by implied dedication. parcel, the plat will control.
The reference to Tongues Unrecorded Addition In this case, the metes and bounds descriptions suf-
following the metes and bounds description in the ficed to locate the land without reference to the plat. It
deeds is an informative term that supplies addition was, therefore, essential to prove beyond a doubt that
information about the location of the land described the grantees saw or relied upon the map. The fact
by the metes and bounds description. (Note: The the plat was referred to in the deed as an informative
reference is used like adjectives that help distinguish term was not in itself proof of an intent to dedicate.
similar objects from one another, i.e. a red shirt and
a white shirt is more explicit than two shirts.) Acceptance
Curtis Brown, in his Boundary Control & Legal Princi-
ples, cites the rule: If the informative term is in conflict
with the term that it modifies, it yields.126 Consequently,
Principle 19
if the total width of lot 16, including the The well recognized rule is that neither a formal accep-
east one-half of Broadway, is 30 feet wider than the tance by a county nor a formal acceptance by a city are
parcel described by metes and bounds, then the pre- essential to complete an irrevocable dedication to the
sumption that it was the grantors intent to include public.127 The purchase of a lot, or lots, constitutes an ac-
Broadway must yield to the metes and bounds de- ceptance of the grant made by the owner to the public.
scription. The intent would be to inform the grantee Moreover, certain acts by a city or a county constitute an
that the parcel was the size of the lot excluding implied acceptance.128
15-21
The frequently used argument against the concept of In Oregon City v. Or. & Cal. R. Co.,134 the court supplied
common law dedication is: To be valid, every dedi- this viewpoint:
cation must be formally accepted by a city or county.
It may be argued that neither the dedication of the
It is true that acceptance is required. However, as
promenade on the bluff, nor the strip of land below
Principle 18 says, it does not have to be formal, nor it had been accepted by the city prior to the execu-
does it have to be by a city or county. tion of the deeds to the defendant from the Leahys,
Sheldon Parks says, in his treatise on The Law of because the former has never been improved nor the
Dedication in Oregon:129 There is considerable con- latter opened to wagon and carriage travel length-
flict among authorities130 regarding whether a sale of wise. But no formal acceptance of the dedication was
a lot, or of lots, with reference to a map or plat will, necessary. It would be unreasonable and unjust says
without more (sales), establish a complete and ir- Mr. Chief Justice Thayer, to allow a town proprietor
revocable dedication in favor of the public;.. that the to revoke the dedication of any street indicated upon
purchaser accepts on behalf of the public. Regard- the plat of the town for the reason that the corporate
less, with only one exception,131 the Oregon Supreme authorities of the town had not specially accepted it
Court has laid down the rule by dictum: The purchase as a street nor the public actually entered upon and
of lots with reference to the plat constitutes an acceptance used it as such. 135
of the grant made by the owner to the public.132 In McCoy v. Thompson136 the court said:
Justice C. J. Thayer provided this explanation in Meier Ordinarily the sale of a single lot completes the
v. Portland C. Ry. Co.:133 dedication, and more especially does the sale of a
single lot effect a dedication of a street upon which
It would be unreasonable and unjust to allow a
a lot abuts; and consequently the sale of lot num-
town proprietor to revoke the dedication of any
ber 1 (One) to Shaw operates as an acceptance of
street indicated on the plat of a town because the
the offer of Hadly to dedicate the adjacent land as a
corporate authorities of the town had not specially
street and rendered the dedication irrevocable.137
accepted it as a street.
Carter v. Portland138 resulted in this ruling:
The purchasers of lots, in such cases, do not
understand, when they make the purchase, that A formal acceptance is not necessary. The acts of in-
the only benefit they receive from the streets will habitants in the purchase of lots, the improvement
be a mere right of way to their lots. They are as- of streets, etc., and their use, conclude the owner
sured that the streets will remain open for public and the corporation may insist upon every right
use, and, as the town builds up, will be improved; which any of its inhabitants may have acquired by
which will add to its importance, and to the value virtue of the original dedication.139 The purchase of
of their property. Many of the courts, in discussing lots and improvement of streets, with reference to
this subject, have made too great an effort to dis- the Brady map or plat, were acts of acceptance of
criminate between such purchasers and the gen- the streets and other public places. 140
eral public. The former are not a distinct class from the In the 1980 case of Douglas Co. v. Umpqua Valley
latter. They belong to it--are as much a part of the public Grange, Inc.,141 the Oregon Court of Appeals said:
as those who use the streets for the purpose of travel. If
a dozen different persons were to buy lots under Dedication to the public is impliedly accepted when
lots are sold with reference to a plat which shows the
the circumstances before alluded to, and impliedly
dedication (or shows an intent to dedicate).
stipulate with the town proprietor that the streets
shown on the plats of the town site should per-
petually remain open to public use, they would, so Acts of Acceptance
far as I can see, represent the public in the affair as by Cities or Counties
much as a like number of wayfarers would--who
travel upon such streets and have equal author- It is probable that most cities and counties have for-
ity to accept a dedication of them for the public. mally or impliedly accepted certain public highways
The acceptance is not supposed to be made by the created by common law dedication.
entire public. It is done by comparatively few per- First, many roads, streets and alleys presumed to be cre-
sons, who represent it; and direct agreement, made ated in accordance with the statutes would, on close
by those who are personally interested in the mat- examination of recorded subdivision plats, be created
ter, that the streets shall remain open to public use, by parol or common law dedication. They would fail
ought to constitute as much an acceptance of them as statutory dedications because many approved and
by the public as the using of them by other mem- recorded plats do not actually meet the strict require-
bers of the community would. ments of Chapter 92 of the Oregon Revised Statutes.
15-22
Part of the problem is that Chapter 92 is amended so vate ways. Consequently, the acts we are describing
often it is an almost impossible task to stay abreast of constitute recognition of the ways as being public.
the law. Consequently, a plat that might conform to
i. An acceptance could be made by proceeding to
the 1983 laws, for example, would be approved and
assess for improvements and issuance of bonds.150
recorded after the 1985 amendments became law. In
other cases, certain statutory formalities are overlooked j. Formal actions by city or county authorities,151
that would cause a court of law to rule out a statutory such as passage of ordinances and resolutions152
dedication, but hold the roads, streets and alleys were constitute acceptance.
public by common law dedication. However, the city or
k. Where a county has used a road (dedicated by
county would be estopped from denying their formal
common law) mileage to qualify for benefits pro-
approval contained on the plat.
vided by the legislature.153
Second, the health, welfare and safety of its citizens may
1. Open and notorious acts based on a claim of
demand that a city or county formally accept a public
right.154
highway created by a common law dedication.
m. By taking possession.155
Third, an implied, informal acceptance could be mani-
fested when a city or county assumes dominion, or n. Making repairs and improvements.156
exercises authority over a highway created by a com-
o. Maintenance by the county would constitute an
mon law dedication. Examples of such acts in pais are
acceptance of the highway as a county road.157
as follows:
(But see ORS 368.031.)
a. An ordinance adopting an official map of a city
p. Implied acceptance arises where public authori-
showing a particular street.142
ties have done acts recognizing the existence of
b. Land was ruled as an accepted dedicated street the highway and treating it as one of the public
where a portion of it was used as a playground, ways of the locality. Where: (1) control of the
for turning vehicles, for locating water mains and way is assumed by authorities representing the
for placement of sewer lines.143 public corporation, (2) contract by proper officers
for improvement of a street,158 (3) improving or
c. Acceptance of the dedication of a street or road
repairing a street, (4) digging a public well,159 (5)
may be manifested by recognition thereof, on an
erecting lights or guideposts, (6) assigning a road
official map of the county, prepared under the
to the surveyor for supervision, or the like.160
authority or direction of its proper officials.144
Other acts, such as installing speed limit signs, stop
d. The acts of a city in grading streets, maintain-
signs or caution signs; removing snow, cutting road-
ing crosswalks, installing culverts, placing water
side brush, painting pedestrian lines, etc., could be
mains in streets and alleys constitute an accep-
considered as acts of acceptance estopping a city or
tance thereof.145
county from denying responsibility over a way. But
e. Where a city, in addition to its approval of a long use of a way for police, fire and similar response
and continuous use of dedicated streets by the would doubtfully be considered acts of acceptance.
public as highways, extended its sewer and light-
ing systems over such streets, its acts constituted Principle 20
an acceptance of the dedication.146
An implied acceptance can be manifested when a city or
f. The acts of appropriating money and labor county assumes dominion or exercises authority over a
upon the making and repair of streets is an act of highway created by a common law dedication.
acceptance and dedication.147
g. ...a resolution of a municipal board changing the Common Law Dedication Not a Grant
grade of such streets and a map relating thereto
were competent evidence to show acceptance by ORS 98.140 provides: No covenant shall be implied
the city.148 in any conveyance of real estate, whether it contains
special covenants or not, except as provided by ORS
h. The acceptance of a dedication may be evi-
93.850 to 93.870. This law was cited by a proprietor
denced by acts of municipal officers, such as
of a town plat to defeat a claim of common law dedi-
exercising authority over property to improve or
cation. But it is well established in Oregon cases that
regulate the property.149
this law does not apply to public ways, i.e. A dedica-
Note: Keep in mind that neither cities nor counties tion is not a grant; it is a right created in favor of the pub-
are authorized to spend the publics money on pri- lic, and is in the nature of an estoppel in pais.
15-23
This was the decision in Carter v. Portland161and in d. Except, therefrom, a strip 30 feet wide along the
all other Oregon cases considering this issue.162 The easterly line for public road purposes.
courts are of the opinion, There need be no grantee
e. Except south 20 feet to the public. (This is very
in esse to take the fee; nor is it essential that the legal common language.)
title should pass from the owner.163 This will be dis-
cussed in greater detail on the section of this publica- This discussion on common law dedications could
tion on Effect of Dedication and Extinguishment leave the impression that the above language would
of Public Ways. create a common law dedication. After all, the intent
of the grantor is clear, and a sale has been made.
Recording Not a Requirement Such language could create a common law dedication
of a Common Law Dedication if the road were formally or impliedly accepted by a
city or county. But without some form of acceptance,
the language does not create a dedication. In Moore
Principle 21 v. Fowler,167 the court responded to the language of
example (a) with this decision: The reservation in
The dedication by parol, or common law, is well recog-
the deed, as above quoted, amounts only to an offer
nized in this state. For such a dedication to be effected,
on the part of the grantor to dedicate the roadway
it is not necessary to show that the map upon which
to public use, and there can be no dedication under
such streets, alleys, public parks, etc. were displayed, was
such circumstances until the same is accepted by the
recorded, but simply that it was used and referred to by
county.168
the proprietor in selling lots.
Counsel for the defendant cited Carter v. Portland169
This was the principle given in Kuck v. Wakefield.164 and similar precedent down to Christian v. Eugene170
Chief Justice Eakin explained: to support the contention that the language of the
deed expressed an intent to dedicate the way to the
The dedication was not by mason of the record, public. But the court disagreed.
but by reason of the conveyance made by refer-
ence to the map. ... The failure of Bigelow to com- The cases cited by the defendants turn upon
ply with the law in recording his map was not the the principle that when a landowner plats his land
fault of the plaintiff, and cannot now operate to into streets or roads, and lots or blocks, and sells a
lot or block with reference to a map . . . it amounts
work such a hardship upon him as to depreciate
to a dedication, at once, of the streets; and it is not
the value of his property in the face of the circum-
necessary, under such circumstances, to show an
stances here disclosed.
acceptance by the public. The acceptance is, at once,
presumed when the owner makes sales with refer-
Reservations in Deeds for Public Roads ence to such map. In this instance, however, no map
was ever made of the 10-acres involved, so far as the
Principle 22 record discloses. It appears in the evidence, and it is
admitted, this 10-acre parcel abuts on lands which
A reservation in a deed of a strip for a street or highway were platted under the designation of Little Homes
amounts only to an offer on the part of the grantor to in which the defendants holdings are situated. But
dedicate the roadway to public use; and there can be no the plat of the latter tract, introduced in evidence,
dedication until the offer is accepted.165 does not, in any way, delineate the 10-acres of the
plaintiff. We conclude that neither the pleadings, nor
Many deeds contain reservations for public roads, by evidence is there sufficient (cause) to how a dedi-
or supposed dedications of narrow strips of land for cation (to the public) of the 30-foot strip reserved in
public roads, where the roads are neither part of the the Murtha deed.171
streets and alleys of a subdivision, part of a city street
system, nor part of the county road network. The lan- Common Law Dedication
guage used in the deed is similar to the following.
vs. Subdivision Laws
a. ... containing 10 acres; reserving a strip of land
off and from the west side, 30 feet in width, Does the common law dedication provide a means to
which is dedicated for a public roadway.166 circumvent the subdivision laws?
Opinions suggest that the cases decided in favor
b. Excepting and reserving a 40-foot strip of land
of common law dedications were never meant to
along the south side for public road purposes.
waive the provision of law governing subdivisions.
c. Except the east 25 feet for public roadway. Consider first: a close examination of the cases will
15-24
reveal that they involve what Oregon law now de- filed in 1980. The final plat was filed, approved and
fines as a developed subdivision, i.e. the lands of recorded later that year. In 1985, it was discovered
any subdivision being reviewed, as provided for in that neither the tentative plan nor final plat included
ORS 92.215172 shall be considered developed if any a dedication or donation of the ways to the public.
of the following conditions exist: ORS 92.090 (3) required:
a. Roadways providing access into and travel No plat of a proposed subdivision and no map of a
within the subdivision have been or are being proposed major partition shall be approved unless: (A)
constructed to meet the specifications prescribed Streets and roads for public use are dedicated without
therefore by the agency or body that approved any reservation or restriction other than reversionary
the plat of the subdivision; rights upon vacation of any such street or road and ease-
ment for public utilities. 187
b. Facilities for the supply of domestic or indus-
trial water to lots created by the subdivision have Subsection 3a of that statute required:
been or are being constructed;
No plat of a proposed subdivision and no map of a
c. Sanitary sewerage disposal facilities have been or proposed major partition shall be approved unless: (e)
are being constructed for lots created by the sub- the plat or map contains a donation to the public of all
division, or septic tanks have been or are being common improvements, including but not limited to
installed on the land or permits have been issued streets, roads, parks, sewage disposal and water supply
for their installation on the land; systems, the donation of which was made a condition of
the approval of the tentative plat for the subdivision or
d. Buildings have been or are being constructed
the major partition.188
upon the land or permits have been issued for
construction of buildings upon the land; The possibility that the ways of this subdivision were
reserved as private roads was considered. When
e. One or more lots described in the plat of the sub-
this was the intent of the subdivider, ORS 92.090(2)
division have been sold or otherwise transferred
required:
prior to the date of the initiation of such review.173
No tentative plan for a proposed subdivision and no
The cases such as: Security Investment Co. v. Oregon
tentative plan for a proposed major partition shall be ap-
City,174 Oregon City v. Ore. & Cal. R. Co.,175 Parrish v.
proved unless: (b) Streets and roads held for private use
Stephens,176 Lang v. Portland,177 Carter v. Portland,178
are clearly indicated on the tentative plan and all reser-
Harris v. St. Helens,179 Steel v. City of Portland,180 Mc-
vations or restrictions relating to such private roads and
Coy v. Thompson,181 Lownsdale v. City of Portland,182 etc.,
streets are set forth thereon.189
involved subdivisions in every stage of development
defined in ORS 92.225.183 The issues to be settled There was no wording or cartographic treatment on
were the rights of the public in either a road, street, the plat that reserved the streets for private use.
alley, park, or square. In many of the cases cited in
Here are additional facts regarding Blue Heron Ad-
this chapter, the subdivisions or town plats complied
dition:
with the law; the litigations resulted from ambiguities
in the plat, e.g. Oregon City v. Ore. & Cal. R. Co.184 In a. The plat was approved by the city. However, the
most of the other cases, the dedications were held to city had no record of approving the ways, other
be common law because of technicalities, rather than than through the approval of the tentative plan.
attempts to circumvent the law, e.g. McCoy v. Thomp-
b. Taxes were paid as required by ORS 92.095.190
son.185 But in every case, the common law dedication
was effected by the developed subdivision, rather c. Twenty-four deeds had been recorded (involving
than the dedication legalizing the subdivision. 22 lots). The language of the deeds showed that
all sales were made in reference to the plat.191
Future common law dedications will probably be
the result of a subdivision being filed, approved and d. Appraisal records showed 11 homes either con-
recorded in the spirit of the subdivision laws, but structed or in the process of being constructed.
failing to be technically in compliance with the laws.
e. Facilities for domestic water supply had been
Blue Heron Addition typifies such a subdivision.
constructed.
An application for the approval of Blue Heron Addi-
f. Sanitary sewerage disposal facilities had been
tion was filed, as required by ORS 92.040, in 1979. The
constructed.
proposed subdivision generated a dispute over an
encroachment on a wildlife habitat.186 An agreement g. The streets on the plat were represented in the
was reached as to the site of the subdivision. Subse- manner used to designate public highways on
quently, a revised application and tentative plan were subdivision maps. The lots on the plat were
15-25
separated by spaces, labeled Street and statutory dedication of the streets to the public; and
Avenue,that coalesced with each other at their (2) a common law dedication resulted from the first
intersections. They conformed to the plats of sale of a lot with reference to the recorded plat of Blue
subdivisions already approved for adjoining Heron Addition.
property as to width, general direction and in all
Suppose, for the sake of discussion, a convincing
other respects....192
argument could be provided that the definitions of
h. The streets were paved. statutory, conform and conforming were lib-
eral enough to recognize Blue Heron Addition as a
i. The city had installed stop signs, speed-limit
statutory subdivision. Blacks Law Dictionary defines
signs, and caution signs on certain streets in the
statutory as: relating to a statute; created or defined
development.
by statute; conforming to a statute. Conform, as de-
j. The streets were represented on the official city fined by Websters New Collegiate Dictionary, is defined
map as city streets. as: to bring into harmony or accord; to be similar
or identical; to be obedient or compliant. Blacks de-
It has been held in this state that a statutory dedi-
fines conformity as: corresponding in form, manner,
cation is not effected unless every provision of the
or use; agreement; harmony; congruity. Would the
subdivision laws (in force at the time of recording)
court be so technical as to rule the addition illegal?
has been complied with.193 For example, in Nodine v.
Probably not. There is sufficient evidence of an intent
Union194 the statute in force required that the plat be
to create a subdivision conforming to statute, i.e.
acknowledged. But the plat in that case had not been
corresponding in form, manner and use.
acknowledged. The court held it was not entitled
to be recorded, and the streets were not public by a If the addition was statutory, would this mean the
statutory dedication. streets were public by a statutory dedication? If the
answer is yes, some provision of statutory law
In yet another case, McCoy v. Thompson,195 the dona-
must indicate how to arrive at this conclusion. But
tion of the streets to the public was omitted from the
the statutes do not provide such guidance. To make
plat. It was the opinion of the court that the streets
a determination, it is necessary to look to the com-
were public by a common law dedication.
mon law. If the principles of common law show that
In the Bernard v. Willamette Box & Lbr. Co.196 case, the the proprietors acts show a deliberate, unequivocal,
donation of the streets to the public was missing from decisive, positive and unmistakable intent to perma-
the plat, and the court held: nently abandon the streets to a public use,197 then it
seems reasonable to classify the dedication as a com-
Since the law requires the plat of a town to be
mon law dedication.
duly acknowledged and recorded and prescribes
a penalty for a failure to comply therewith (Section The city asked if it could resolve the problem by
3264, L.O.L), it will be presumed, in absence of any having the plat corrected as provided for in ORS
objection to the admission of the evidence on that 92.170(1).
account, that the law has been obeyed (Section 799,
Any plat of a subdivision filed and recorded under the
subd. 34, L.O.L.) and that the original recorded plat
provisions of ORS 92.018 to 92.170 may be amended
was properly executed, and, this being so, F Street
by an affidavit or correction:... (d) to correct any other
is a public highway; Section 3260, L.O.L.
errors or omissions where the error or omission is as-
But in this case the plat in evidence was only a copy, certainable from the data shown on the final plat as re-
not the original or recorded plat. This, and the ab- corded.198
sence of any objection to a copy being presented as
City legal counsel was provided with these
evidence, provided the court with the latitude to pre-
thoughts:
sume the donation was on the recorded plat. It must
have been or it would not have been acknowledged 1. Had the correction to the plat been made before
and allowed to be recorded. One other point: the the first sale, it would have effected a statutory
court held F Street to be a public highway. However, dedication. However, an amendment subsequent
it never qualified that statement by saying it was to the first sale would be too late to change the
public by a statutory dedication. legal status of the common law dedication.
Blue Heron Addition did not comply with ORS 92.090. 2. Upon the first sale of land in Blue Heron Ad-
In recognition of precedent established in the Oregon dition (made in reference to the plat of that
Supreme Court, and the principles of common law addition) certain rights were vested in the first
governing dedication, it was concluded (for mapping purchaser. The rights to public streets, vested in
purposes): (1) Blue Heron Addition failed to create a the first purchaser (and the public), were vested
15-26
in all subsequent purchasers. Those rights cannot or street. The Oregon courts have held to the same
be changed by amending the plat. effect.203
The concern over Blue Heron Addition was not over A subdivision created under the plat and subdivi-
the legality of the plat. It was merely to determine sion statutes204 would contain a donation of the
whether the streets were public or taxable private streets to the public, required by ORS 92.090,205 with
ways. If they were private they would be mapped language similar to the following:
and taxlotted accordingly. If public, they would DEDICATION
remain as originally mapped (public highways cre-
ated by common law dedication are delineated on STATE OF OREGON
the maps the same as highways created by a statu- COUNTY OF KLAMATH
tory dedication.) This is to certify that ____________Development
Company of Oregon is a corporation duly orga-
Elliotts Roads and Streets199 provides this advice nized and existing under the laws of the State of
regarding ambiguous subdivision maps and plats: Oregon, and are the owners of the land described
Dedication by maps and plats are sometimes so in the annexed Surveyors Certificate, said land
made as to render it difficult to determine their to be hereafter known as ____________, that said
nature and extent. We think it a safe general rule to corporation did cause the same to be surveyed
resolve doubts in such cases against the donors, and and platted as shown on the annexed plat and
within reasonable limits, to construe the dedication do for themselves, their successors and assigns,
so as to benefit the public rather than the donor. hereby dedicate, donate and convey to the public,
for public use forever, all streets as shown on the
annexed plat.
Statutory Dedications This rule is important: For any part of a subdivision to
be statutory, the entire plat must conform to statute, and
A dedication may be either by statute or according the plat will be statutory only when it complies with every
to common law. The former arises where a person provision, condition and requirement of the subdivision
complies fully with the provisions of statutes enact- laws.206
ing that certain formalities, when observed, operate
as a dedication of lands to the public. Such dedication
Statutes, Notes and Annotations 207
is usually made by recording a map or plat of land
in a public office, acknowledged and executed in the It is unnecessary to list all of the subdivision statutes
manner prescribed.200 (by statute). here. However, it is essential to this discussion to em-
phasize some of the more important provisions and
Principle 23 requirements of Oregons subdivision law.
A statutory dedication is made when a person complies ORS 92.010 (9): Plat includes a final map, diagram,
fully with the provisions of the Oregon Revised Statutes drawing, replat or other writing containing all the de-
enacting that certain formalities, when observed, oper- scriptions, locations, specifications, dedications, pro-
ate as a dedication of lands to the public. A valid statu- visions and information concerning a subdivision.
tory deed cannot be created unless every provision of ORS 92.010 (10): Replat includes a final map,
the laws are adhered to.201 diagram, drawing of the reconfiguration of lots and
easements of a recorded plat and other writings con-
A distinguishing difference between a statutory and taining all the descriptions, location, specifications,
a common law dedication is said to be that the former dedications and provisions and information concern-
operates by way of grant (of an easement to the public), ing a recorded subdivision.208
and the latter by way of an estoppel in pals rather than
by a grant. (Clarification and emphasis supplied.)202 ORS 92.010 (11): Road or street means a public
In other words, a statutory dedication is a conveyance or private way that is created to provide ingress or
of an easement, while a common law dedication operates by egress for persons to one or more lots, parcels, areas
way of estoppel.... The one concludes the owner upon or tracts of land. It excludes a private way that is cre-
compliance with the provisions of the statutes under ated to provide ingress or egress to such land in con-
junction with the use of such land for forestry, mining
which it was made, while the other concludes him
or agricultural purposes.209
upon the grounds that he has suffered the public and
individuals to acquire rights upon the faith that he Regardless of this statute, road and street in legal ac-
has devoted the land to the use of the public as a road ceptance is the same as public highway.210 If an interpre-
15-27
tation is required, and roads or streets are not clearly ORS 92.090(2): No tentative plan for a proposed
identified or reserved as private on the plat, they must subdivision and no tentative plan for a proposed
be considered as public ways. Consequently, subdividers major partition shall be approved unless:
should be advised to avoid both terms when their intent is
(a) The streets and roads are laid out so as to con-
to reserve the ways as private. form to the plats of subdivisions and maps of major
ORS 92.012: No land may be subdivided or par- partitions already approved for adjoining property as
titioned except in accordance with ORS 92.010 to to width, general direction and in all other respects
92.170.211 unless the city or county determines it is in the public
interest to modify the street or road pattern.
ORS 92.014(1): No person shall create a street or
road for the purpose of partitioning an area or tract of (b) Streets and roads held for private use are clearly
land without the approval of the city or county hav- indicated on the tentative plan and all reservations or
ing jurisdiction over the area.212 restrictions relating to such private roads and streets
are set forth therein.
This requirement (ORS 92.014 subsec 1) relates to
partitions rather than subdivisions as defined in ORS (3) No plat of a proposed subdivision and no map of
92.010. a proposed major partition shall be approved unless:
ORS 92.014(2): No instrument dedicating land to (a) Streets and roads for public use are dedicated
without any reservation or restriction other than re-
public use shall be accepted for recording in this state
versionary rights upon vacation of any such street or
unless such instrument bears the approval of the city
road and easements for public utilities.
or county authorized by law to accept such dedica-
tion.213 (b) Streets and roads held for private use and indi-
cated on the tentative plan of such subdivision or ma-
A dedication is not binding on either party unless accepted,
jor partition have been approved by city or county...
for property owners cannot be allowed to impose a street
upon a municipality against its will and thus compel (e) The plat or map contains a donation to the public
it to make improvements.214 So under the provisions of of all common improvements, including but not lim-
ORS 92.016, 92.025, 92.040, 92.042, 92.044, 92.046 and ited to streets, roads, parks, sewage disposal and wa-
92.048, definite approval by the city or county was re- ter supply systems, the donation of which was made
quired before any public way could have been accepted.215 a condition of the approval of the tentative plan for
But this does not eliminate the possibility of a common law the subdivision or the major partition.
dedication where formal acceptance is not required to effect (f) Explanations of all common improvements re-
a donation of the use of the land to the public. Moreover, it quired as conditions of approval of the tentative plan
does not eliminate the possibility of an implied acceptance of the subdivision or the major partition have been
by a city or county. recorded and referenced on the plat or map.218
ORS 92.050(4): The plat of a subdivision shall be It may be assumed that a plat was properly executed even
of such scale that all survey and mathematical in- though a purported copy thereof does not contain any dedi-
formation, and all other details may be clearly and cation.219 But where the recorded plat does not contain a
legibly shown thereon. Each lot shall be numbered dedication, such an assumption is invalid.220
consecutively. If used, blocks shall be lettered or
ORS 92.150: Every donation or grant to the public,
numbered. The lengths of all boundaries of each lot
including streets and alleys, or to any individual, reli-
shall be shown. Each street shall be named. (Emphasis
gious society, corporation or body politic, marked or
supplied.)216
noted as such on the plat of the subdivision wherein
ORS 92.060(2): The intersections of all streets and the donation or grant was made, shall be considered
roads and all points on the exterior boundary where a general warrantee to the donee or grantee for his
the boundary line changes direction, shall be marked (or her) use for the purposes intended by the donor
with monuments either of stone, concrete, galvanized or grantor.
iron pipe, or iron or steel rods. If stone or concrete is
used it shall not be less than 6 inches by 24 inches. If 1. Dedication generally 221
galvanized iron pipe is used it shall not be less than

three-quarter inch inside diameter and 30 inches long, The fee to dedicated land remains in the dedicator
and passes to the purchasers of adjoining lots in ac-
and if iron or steel rods are used they shall not be less
cordance with the intent of the transferor.222
than five-eighths of an inch in least dimension and
30 inches long.217 Amended by 1955 c. 756 subsec 11; The sale and conveyance of lots according to a re-
1973 c. 696 subsec 12; 1983 c. 309 subsec 4. corded plat implies a covenant that the public places
15-28
designated thereon shall never be appropriated to a A common law dedication was not effected when the
use inconsistent with that shown on the map.223 owner sold lots with reference to a map slightly variant
from the recorded plat.236
Statutory dedication operates by way of grant while
common law dedication depends upon the principles
of estoppel for its effacy.224
4. Acceptance
The warranty referred to in this section does not Formal acceptance by the corporate authorities of a dedi-
become operative or binding until there has been an cation by parol is not necessary.237
acceptance of the use.225 Purchase of lots shown on the plat amounts to acceptance
of the areas thereon dedicated to the public.238
2. Statutory dedication Neither confirmatory dedication nor immediate improve-
The sale of lots with reference to a properly executed and ment is necessary to secure to a municipal corporation the
recorded plat constitutes an irrevocable dedication of the benefits of dedication.239
areas on the plat designated for public use.226
5. Loss of rights in dedicated property
In determining what area the owner intended to dedicate
to the public and the purpose of the dedication, the court A municipal corporation does not lose its rights to land
should give great weight to the markings on the plat.227 set aside for public use on a recorded plat, unless it is guilty
of laches which raises an estoppel in pais.240
The recording of a plat is not equivalent to a conveyance
of land to the public unless the plat is properly executed Adverse possession of land duly dedicated to public use as
and acknowledged.228 a street is by itself insufficient to revest title thereto in the
dedicator.241
An attempt by a subdivider to alter or amend his plat is
void as to persons who have purchased lots in the area.229 An estoppel was raised when the city permitted an en-
croachment to remain on public land for the period of the
Statutory dedication can be employed to establish build-
statute of limitations.
ing restrictions on private property if the dedicator marks
the recorded plat in such a manner that an intent to benefit Laches242 was not found when a city failed to create a
the general public is manifested (but this must be accom- street on land set aside for that purpose on the plat, before
plished before sales have been made with reference to the its construction was necessary.243
plat).230 ORS 92.205 (undeveloped subdivisions): (1) The
When the owner of the locus in quo (the place in which Legislative Assembly finds that many subdivisions
the cause of action arose) and a third person properly ex- for which plats have been approved and recorded
ecuted and recorded separate plats under the same name, have not been developed and that many such sub-
the owner did not dedicate land reserved for public use on divisions were approved prior to the adoption of a
the third persons plat by selling lots with reference to the comprehensive plan, zoning regulations and ordi-
plat by name. 231 nances and modern subdivision control standards by
the jurisdiction within which the lands described in
the subdivision plats are situated.
3. Common law dedication
(2) The Legislative Assembly finds, therefore, that it
When there is no effective statutory dedication due is necessary for the protection of the public health,
to a defect in the execution of the plat, a dedication safety and welfare to provide for the review of un-
may be consummated by the sale of lots with refer- developed subdivisions for the purpose of modify-
ence to the plat. 232 ing such subdivisions, if necessary, to comply with
An offer to dedicate can be made by parol if there the current comprehensive plan, zoning ordinances
are acts clearly evincing an intent to dedicate the land and regulations and modern subdivision control
to public use.232 standards, or, if such modification is not feasible, of
vacating the nonconforming undeveloped subdivi-
There can be a dedication to public use of an area sions and to vacate any lands dedicated for public
plainly indicated on the plat as a lot, if the subdivider use that are described in the plat of such vacated
sells an adjoining lot on the representation that the subdivision.
former was being reserved for use as a street.234
Note: Remember that once a sale or conveyance of
Permitting the public to occasionally use unenclosed prop- lots has been made with reference to a properly exe-
erty is not sufficient to raise an estoppel in pais necessary cuted and recorded plat, an irrevocable dedication of
to constitute a common law dedication.235 areas dedicated to the public is effected. Any attempt
15-29
by a subdivider, city or county to alter a developed subdivision under subsection (1) of this section, it
subdivision is void as to persons who have pur- shall hold a hearing to determine whether the un-
chased lots in the area.244 Therefore, it is important developed subdivision should be revised and the
that the definition of developed subdivision245 be subdivision replatted or vacated and all lands within
strictly adhered to when taking action provided for the subdivision that have been dedicated for public use
in ORS 92.234. vacated. Not later than 30 days before the date of a
hearing held by an agency or body under this sec-
ORS 92.225: (1) The agency or body required to con-
tion, the agency or body shall notify, in writing, each
duct the review under ORS 92.215 shall investigate
owner of record of land described in the plat of the
the status of the lands included within a subdivision
subdivision under review of the date, place, time and
to determine whether the subdivision is undevel-
purpose of such hearing.246(Emphasis supplied.)
oped.
ORS 92.234: (1) Following a hearing conducted as
(2) For the purposes of this section, the lands de-
required under ORS 92.225 (4), the agency or body
scribed in the plat of any subdivision under review
conducting the hearing may:
shall be considered to be developed if any of the fol-
lowing conditions are found by the agency or body (a) Require the revision of a subdivision and a re-
conducting the review to exist on such lands: plat of the subdivision as it considers necessary, if it
finds that the subdivision may be revised to comply
(a) Roadways providing access into and travel with-
with the comprehensive plan, zoning ordinances and
in the subdivision have been or are being constructed
regulations and other modern subdivision control
to meet the specifications prescribed therefore by the
standards not in existence when the subdivision was
agency or body that approved the plat of the subdivi-
initially approved; or
sion;
(b) Initiate proceedings, as provided in subsection
(b) Facilities for the supply of domestic or industrial
(3) of this section, for vacation of the subdivision,
water to lots created by the subdivision have been or
if it finds that the subdivision cannot be revised in
are being constructed;
accordance with the comprehensive plan, zoning
(c) Sanitary or sewerage disposal facilities have ordinances and regulations and other modern sub-
been or are being constructed for lots created by the division control standards not in existence when the
subdivision, or septic tanks have been or are being subdivision was initially approved.
installed on the land or permits have been issued for
(2) If an agency or body requires the revision and
their installation on the land;
replat of a subdivision under paragraph (a) of subsec-
(d) Buildings have been or are being constructed tion (1) of this section, it shall approve the subdivision
upon the land or permits have been issued for the only upon the completion of the revisions as required
construction of buildings upon the land; and by it and the replat of the subdivision as provided in
sections 2 to 4 of this 1985 Act.247
(e) One or more lots described in the plat of the subdivi-
sion have been sold or otherwise transferred prior to the (3) If the agency or body determines that it is neces-
date of the initiation of such review. (Emphasis sup- sary to vacate a subdivision, the agency or body shall
plied.) adopt an ordinance vacating the subdivision and
providing for the vacation of lands within the sub-
(3) If the agency or body determines that a subdivi-
division that have been dedicated for public use. Title to
sion is undeveloped after its investigation of the sub-
lands within a vacated subdivision shall vest as provided in
division under subsection (1) of this section, it shall
ORS 271.140 and 368.366.
also determine:
Note: But to prevent an unconstitutional taking of pri-
(a) If the undeveloped subdivision complies with
vate property, the fee title ownership of the grantor,
the comprehensive plan, zoning regulations and or-
which passes to the grantees of the dedicator, must be
dinances and subdivision ordinances and regulations
recognized by the Legislature, the state, counties and
then in effect with respect to lands in the subdivision;
cities. See the section of this publication on Right,
and
Title and Interest in Dedicated Public Ways.
(b) If the undeveloped subdivision does not com-
Any owner of lands described in the plat of the
ply with such plan and ordinances and regulations,
vacated subdivision who is aggrieved by the action
whether the subdivision may be revised to comply
of the agency or body in vacating the subdivision
with such plan and ordinances and regulations.
may appeal such action in the manner provided in
(4) If the agency or body determines that a subdi- ORS 34.010 to 34.100. The ordinance adopted by the
vision is undeveloped after its investigation of the agency or body for the vacation of the subdivision
15-30
and the lands therein dedicated to the public use shall be Company was the owner in equity of all the dirt in
filed with the county recording officer as provided in Franklin Street, and the owner of fee title in the street,
ORS 271.150. subject to the easement for street purposes for the
benefit of the public. The Multnomah County court
(4) Nothing in ORS 92.205 to 92.245 shall prevent the
rendered a decree against the City of Portland. Subse-
owner of any lands within an undeveloped subdivi-
quently, the city appealed the decision to the Oregon
sion from seeking vacation of such subdivision under
Supreme Court.
city or county vacation procedures and, if such va-
cation proceedings are commenced after the date of Mr. Justice McBride delivered this opinion of the
review of the subdivision by the agency or body, the court:
review proceeding shall be suspended during such
It appeared from the testimony that the plaintiff
vacation proceedings. If the subdivision is vacated
at the initiation of an owner, the review proceedings was the abutting owner on both sides of the street
under ORS 92.205 to 92.245 shall be discontinued; where this improvement was being made, and it is
but, if the subdivision is not vacated at the request of settled past controversy in this state that the abut-
the owner, the review proceedings under ORS 92.205 ting owner is also the owner of the soil of the street in
to 92.245 shall be resumed at the termination of the front of his lot to the center of the street, subject to the
proceedings brought by an owner of lands in the right of the city to improve the same for the purpose of
subdivision.248 travel. 251 Being the owner of this soil, plaintiff did
not become divested of his ownership by the mere
act of the defendants in excavating it, in order to
Effect of Common Law improve the street.252
and Statutory Dedications The court said the city had the right to use the exca-
vated soil to make fills required upon the same street
or upon other streets embraced in the same general
With this understanding of how dedications are
plan. However, the evidence showed that over 10,000
made, it is essential to understand what a dedication
cubic yards of dirt was disposed of for use on other
legally does. The effect of a dedication dictates: who
streets and for the contractors benefit.
has the right, title and interest in the land, how it can
be legally used, what constitutes misuser or diversion, The court held:
and the reversionary right to the land of vacated pub-
(1) That the abutting owner on a street in Port-
lic ways.
land owns the soil to the center of the street; (2)
It is important to understand that the dedication of that he still owns it when it is excavated unless
a public park or square is a grant of the fee. This rule, needed for the improvement of the same street; (3)
recognized in Oregon, is the only major difference be- that he has the right to take it away, provided he
tween the dedication of public ways and that of other does so promptly and without delaying work on
dedicated public lands. the improvement; (4) that if there is a place where
it is as convenient for the contractor to dump the
Right, Title and Interest in Public surplus dirt as to place it elsewhere, it is the right
Ways Dedicated by Common Law of the owner to have it dumped at such place, if he
so indicates at the commencement of the work; (5)
and Statute that in view of the fact that dirt taken from such
excavation is usually valueless to the abutting
Principle 24 owner, he should be deemed to have abandoned
his claim thereto, unless reasonably made as indi-
A dedication of a street, alley, road, etc. is not a grant, it is cated above; (6) that the owner cannot require the
a right created in favor of the public, and is in the nature contractor, at the latters expense, to place dirt at a
of an estoppel in pais.249 distant or inconvenient place, in which in event he
must remove the dirt promptly himself.
In John P. Sharkey Co. v. City of Portland250 the Sharkey
Company filed suit to restrain the City of Portland The plaintiff needed the soil adjoining the very place
from wrongfully removing earth from an excavation where it was excavated. He had even notified the de-
being made in the improvement of Franklin Street. fendant City of Portland that he needed the soil for
The suit also asked the court to compel the defen- fill. The place indicated by the plaintiff was the easiest
dants to account for and pay the value of earth which and most accessible place the soil could be disposed
the plaintiff claimed had already been unlawfully of. The evidence presented the court showed it would
converted. The complaint alleged the John P. Sharkey have cost him $2,500 to procure other soil to replace
15-31
that wrongfully taken by the defendants, and that such Abutting Owners Title in
dirt could not then or since be obtained for less.
Dedicated Ways Clarified
The soil would not have been considered the prop-
erty of the abutting owner if the fee to the bed of The general rule expressed by the courts, and re-
the street passed to the city, county or public upon flected in Oregon Revised Statutes,260 that adjoining
dedication of the public way. It was the property of owners each hold title to the center of dedicated pub-
John P. Sharkey because a dedication is not a grant; it lic ways is misleading. It creates an assumption that
is a right created in favor of the public. The court, in every abutting owner on every dedicated public way
Portland Baseball Club v. Portland,253 clarified this with has the underlying fee title to the center of the way.
the following principle: But this is not a correct interpretation of the law.
Principle 25 Neil v. Independent Realty Co.261 is often cited for its

clarification of the general rule, that is:
In this state the rule is that where land has been dedi-
A statutory provision that upon vacation of a
cated or appropriated for a public street, the fee in that
street remains in the original owner subject only to the dedicated street the land therein should be at-
public easement.254 The fee passes to the purchasers of tached to the land bordering on the street, and all
abutting lots in accordance with the intent of the grant- title thereto should vest in the persons owning the
ors.255 property on each side thereof, in equal propor-
tions, was construed to apply only in cases where the
When applying this principle, the Oregon court does proprietors or their predecessors in title, on each side
not distinguish between common law dedication and of the street, had contributed to the dedication, and not
statutory dedications. Consequently, either type of where the street was wholly dedicated by the owner of
dedication results in the public acquiring only the property abutting on one side of it, in view of the con-
right to use the land for the purpose for which it was stitutional prohibition against taking property for
dedicated.256 The fee remains in the dedicator exactly private use; and it was entitled to such property as
as it existed before the dedication, but subject to the against those abutting owners who had not con-
publics easement. The fee transfers to subsequent tributed any of it.262
purchasers of land abutting the way, unless expressly
reserved by the dedicator or subsequent grantor Here is the rule announced in Stiles et al v. Curtis:263
of land abutting the way (in such cases there must It is a general rule of the common law that the fee
remain no question or reasonable doubt about the of the land over which a highway passes is owned
grantors intent). equally by the owners of the adjoining ground.
In Huddleston v. Eugene,257 counsel for the plaintiff ar- This rule, however, is not artificial, and of positive
gued that the public had fee title in all of the streets. institution, but is founded on the presumption, in
Mr. Justice Moore, delivering the opinion of the court, absence of proof, that the highway was originally
cited Chief Justice Thayers discussion of the effect of granted by the adjoining proprietors over their
dedication or condemnation of a street in McQuaid v. land in equal proportions. This is not a presump-
Portland Ry. Co.258 tion juris et de jure,264 but a reasonable presumption
based on probability. Where it appears, however, that
The public may have an irrevocable right to the
the highway was laid wholly over the land of one person,
use of a street, but how can it acquire the fee to
the presumption is annulled.
the land? The fee must vest in someone having
a legal capacity to take it. It must be a natural or The American Law Reports Annotated265 cites Ty-
artificial person; must be someone having a legal lers Law of Boundaries for support of the principle
entity. The declaration that the fee in such cases that the grantee takes the fee of the soil to the center
is in the public, meaning the general mass of the of the highway only where the chain of title extends from
people, without regard to any legal organization, the grantee, back to the dedicator of the highway.
although often made use of, is to my mind, abso-
lutely absurd. The public, as a mass does not, in So it appears that the common law rule to the effect
my opinion, possess any such capacity. Justice that the adjoining owners had title to the middle of a
Moore added, While the question considered in public way rests upon the presumption they had con-
that case was not deemed important, the reasoning tributed equally to the road. But if the facts show to the
convinces us that the public acquires only an easement contrary, this rule will not apply. In other words, the
in a street which has been dedicated or condemned for facts will govern rather than the mere presumption.
its use.259 Out of this grew the principle that:
15-32
Principle 26 Upon vacation, the publics easement reverts to the
rightful owner of abutting lands.
If the highway is taken wholly from one persons prop-
erty, and such highway is vacated, the land in fee reverts The word reversion presents a different problem.
to the original owner or the owners grantees freed from Blacks defines reversion as: (1) designating the estate
the public use or public easement.266 This rule only ap- left in the grantor during the continuance of a par-
plies to the land of the original owner (the dedicator) ticular estate and also the residue left in the grantor
abutting the vacated public way. or his (or her) particular estate.276 Websters New Col-
legiate Dictionary includes this definition: An act or
The general rule must give way to the wording of the the process of returning to a former condition.
deeds in the chain of title, and may have to give way Blacks definitions seem to be applicable to the servient
to the peculiar circumstances of the case. The abut- estate left in the grantor during the continuance of the
ting owners may not be entitled to any part of the dominant estate in the public. But the term usually ap-
vacated public way.267 Elliott provides this advice: plies to the following examples. If B sells to A for life
In arriving at a proper construction of the effect of a and upon the death of A the land reverts to B and her
deed granting lots bounded on a street, and the inten- heirs, then B has a reversionary interest in the land in
tion of the parties to the extent of the grant in a street, which A has a life estate.
regard must be had to the situation of the lots and Another type of reversion is the right to regain an
streets and the state of the title as well as the language estate if a specified condition or covenant, expressed
of the deed. This is the recognized rule of interpreta- in a deed, is not adhered to. For example, a deed may
tion and intent.268 contain a covenant whereby the grantee promises the
grantor that the land being purchased will never be
Clarification of the Words used for raising livestock. Under this doctrine of law,
Revert and Reversion the grantees estate will terminate if the promise is
broken.
Blacks defines revert as: To turn back, to return to.
In Gray v. Blanchard,277 Gray conveyed a tract of land
With respect to property, to go back to and lodge in
with a house with no windows facing his sisters
the former owner, who parted with it by creating es-
land. The deed contained a condition that no win-
tate in another which has expired, or to his heirs.269
dows shall be placed in the north wall of the house.
Consider first: At the time of dedication ...there is When Blanchard breached this condition, the court
nothing more than a mere suspension of the dedica- held the estate of the grantee terminated. The resi-
tors right;270 that is, The public only acquires an due left in Gray, when he sold the land to Blanchard,
easement in the land.271 In other words, a dedication was a reversion.
does not pass the legal title (fee) to the property ded-
The reversionary right to regain land because of a
icated; 272 the fee and all rights of property incom-
condition or covenant broken differs from the re-
patible with the public enjoyment as a way remain in
versionary right to the land of a vacated way. The
the owners.273
former is a future estate not vested in anyone, and is
Consequently, the dedication creates a dominant estate contingent on an event that may or may not happen.
(being the easement) in the public. The dedicator The latter, however, is a fee simple estate subject only
retains the servient estate (the land subject to the ser- to the publics easement, and it is an estate regardless
vitude or dominant estate).274 A vacation of the dedi- of whether the way is vacated. It is property within
cated way cancels the dominant estate. What actually the meaning of the constitutional prohibition against
reverts to the rightful owner, upon vacation, is the taking property without just compensation, and for
dominant estate, not the fee. other than public use. The reversion, or right of entry
for a condition or covenant broken is a legal right, but
Some court decisions have suggested reverts is an
one that is not as sacred as an existing fee simple es-
improper word to describe the act of returning the
tate; that is, many states, such as Oregon, have passed
dominant estate to the rightful owner.275 But reverts is
statutes limiting the time a condition subsequent, or
not the problem. It is when the word is preceded by
limitation may restrict a fee simple estate. In Oregon,
fee or fee title that it is improper, because the fee and
if the covenant or condition subsequent does not oc-
all fights of property incompatible with the public
cur within 30 years from the time it was created, it is
enjoyment as a way remain in the (abutting) own-
extinguished.278
ers. The proper explanation of what happens when
a dedicated way is vacated is: Upon vacation, the But the reversionary right to the bed of a road is not in the
dominant estate reverts to the rightful owner of abut- nature of a reversionary interest subject to extinguishment by
ting lands. It would also be accurate to phrase it as: statute. As private property protected by the U.S. and
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Oregon constitutions, a reversionary right of an owner The Oregon cases supporting Principle 27 acknowl-
of abutting land, to the bed of a vacated way, is not un- edged that in other jurisdictions the land of a vacated
der jurisdiction of the legislature, and cannot be taken way was then a separate estate in no wise appurtenant
for private use, nor without just compensation. to the adjoining tract. But the court said that is a state-
ment of conclusion rather than a reason. As clearly
At common law, the dedicator has a reverter to the
stated in Fahey v. City of Bend,281 No distinction should
whole street. If this valuable right in the land is taken
be made between conveyances made before and con-
for public use without just compensation, it is a viola- veyances made after the vacation of the adjoining street;
tion of the constitutions. This is the public policy of in both cases the adjoining street should be held to pass by the
this state as expressed in its organic law. No other pub- deed in the absence of the manifestation of a contrary intent.
lic or legislative policy can change this constitutional dec- (But note: Such a conclusion cannot be applied to deeds
laration of a state public policy. (Quoted from 70 A.L.R.) for abutting property purchased merely for the purpose
of widening a public way.)
When Estate in Nonvacated
and Vacated Ways Pass Lawful and Unlawful
if Not Mentioned in Deed
Uses of Public Ways;
The estates in public ways are discussed in greater
detail in the section of this publication on Appor- Use and Nonuse
tioning, Mapping and Assessing the Estates in Public
Ways and Vacated Public Ways. However, Principles Neither the Department of Revenue nor the county
27 and 28 are pertinent to this discussion on the Ef- assessors regulate the use of dedicated lands. Were it
fect of Common Law and Statutory Dedications. not for ORS 307.200, user and misuser may have been
Elliott explains: It is stated that it is very unusual disregarded in this chapter. However, ORS 307.200
and almost unprecedented for a land owner to sell exempts public ways from assessment and taxation
abutting property and at the same time retain the fee only when they are being used for the purpose for which
of the highway but there is no legal objection to his they were dedicated.282 Consequently, an assessor or ap-
doing so.279 If a grantor intends to reserve the fee in a praiser must be capable of distinguishing legitimate
(lawful) uses (termed user) from illegal (unlawful)
public way, it is essential that the grantors intent be
uses (termed misuser) of the public streets, roads,
clearly expressed, or that words to the effect that this
alleys, and the like. For example: Is a pedestrian mall
is the intent be, in substance, contained in the deed.
a lawful use of a public street, and therefore exempt
The mere omission of wording that shows intent to
from property taxation?
convey is, in itself, insufficient to reserve the way.
A 1975 Department of Justice opinion stated:
Principle 27
Principle 29
A conveyance of lots abutting a street before, or after
a vacation, carries the fee in the street, regardless of As long as the public is not using the streets for their
whether or not the street is mentioned in the deed, dedicated use, the area (must) be assessed to the owner
except where the grantor did not own the street or ex- of the fee.283 Oregon law provides that public ways are
pressly reserved the street.280 exempt from assessment and taxation only when used
for the purposes for which they were dedicated.284
Principle 28 User is the lawful use of dedicated land. Misuser is the
Principle 27 is a rebuttable presumption that can be illegal use (unconstitutional use) of dedicated land.
overcome by acceptable evidence. Great care must be Diversion is the act of diverting dedicated land from
exercised in applying that principle where the grantor a lawful use to a use inconsistent with the purpose of
of land abutting a vacated public way has retained dedication. A grasp of the legal significance of user,
other abutting property that could benefit by reserving misuser and diversion is essential to acquiring
the vacated way. However, the evidence must be more a full appreciation of the principles discussed. After
all, the designated use is the supreme purpose of all
substantial than the mere omission of words mention-
dedications.
ing the streets. Moreover, the fact that the land in the
bed of the way could benefit the other land is, in itself, In his treatise on the Law of Dedication in Oregon,
insufficient evidence to support a grantors claim to the Sheldon W. Parks cited this principle of law applied
vacated way. in City of Portland v. Whittle:285
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Principle 30 owners from part of a dedicated public way. Wil-
lamette Iron Works v. Oregon Railway and Navigation
Property dedicated to the public cannot be used for Co., supra, involved a bridge abutment of the railway
purposes other than those for which the land was dedi- company that would block the Iron Works companys
cated. access to Third Street in Portland. The court acknowl-
edged that an individuals interests are subservient
When a man, or company of men own land, and to those of the public for proper road purposes.
lay it off into blocks and streets, and sell lots abut-
However, any structure on a dedicated street which
ting on a street so laid off, so that the street is a
is repugnant to its use as a public thoroughfare is not
convenience to the purchasers of lots, those acts
a proper use of the land.
amount to a dedication of the land so laid off into
streets. The persons so laying it off cannot recall it There is a limitation to legislative or municipal pow-
or in any manner prevent its being used as streets. Such er over a street which cannot be exceeded without in-
persons are barred or estopped by their acts, and vading the constitutional rights of abutting owners.
all persons or corporations286 claiming under them
are equally bound. Principle 32
If the place in question was (dedicated as) a pub- An abutting proprietor is entitled to the use of the street
lic square, and not a street, the acts of a city council
in front of his or her premises as a means of ingress and
(attempting to divert the subject property from a
egress, and for light and air, and this is as much property
street to a public square) in regard to it are valid.
as the soil within the boundary of the grantors lot; and,
But if it was (dedicated as) a street, the council had
therefore, any impairment thereof, or interference there-
no authority to order it fenced up; and in that case,
any order of the city directing it to be fenced up is with, caused by the use of the street for other than legiti-
void. mate street purposes is a taking within the meaning of
the constitution.290
Diversion: Public Square to a City Hall Note: The court held that Principle 32 had the effect
The case of Church v. the City of Portland was a dis-
287 that the abutting owner had right of access to the full
pute involving city plans to divert land dedicated as a width of the land abutting the street. This is true for
public square to the use of a city hall. The court held: any private or unlawful purpose, but it has been held
in recent cases that this right is subservient to the
The building of a city hallupon said block, as
publics right to free use of the streets. That right is
the common council propose to do, would, in our
protected by the states exercise of its police power. In
judgement, be a use foreign to the purpose for
the case of City of Salem v. Merritt Truax291 and other
which it was dedicated, and should not be permit-
ted. Property dedicated to the public use may be cases, the closure of an abutting owners driveway
said to be restricted to the use for which it was to provide for public safety and convenience was a
dedicated; although this rule is to include such legitimate exercise of a citys police power. It is not
uses as are consistent with, or necessary to the a compensable taking if other access to the property is
principal use. If dedicated property be put to a use available.
foreign to that contemplated by the intention and The court, in Iron Works, said an abutting owner
purpose of the dedication, then not only the dedi- holds the property (of a street) subject to the
cator, but the property owner will have a remedy proper legislative authority to control and regulate
in equity to enforce the proper use, and inhibit the the use of the street as an open public highway, and
improper one.288
hence any authorized use gives him no cause for
(legal) action. But such a holding is not subject to leg-
Principle 31
islative power to divert the street from legitimate street
A misuser or diversion may be restrained by owners of purposes by authorizing a structure thereon which
land injured by the change in use or by the dedicator if is inconsistent with its continuous use as an open
the ownership is still in that person.289 street.
Principle 33
Private Structure Benefiting Public
Can be Misuser Any structure on a street which is subversive of and repug-
nant to its use as a public thoroughfare is not a legitimate
Even a use considered beneficial to public travel can use, and imposes a new servitude on the rights of abutting
be misuser if it excludes the public and the abutting owners, for which compensation must be made.292
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We think, therefore, that while it is competent bridge between the cities of Portland and East Port-
for the legislature or municipality to authorize land. The corporation was empowered to take tolls,
the use of a street for legitimate street purposes, but Multnomah County was authorized to fix and
without making compensation to abutting owners regulate the rates.
for consequential injuries to their property, they
cannot legally authorize structures of the character When the bridge was built, an open 14.5-foot road-
complained of (a bridge abutment) to be erected way was left in the center of its western approach.
thereon for the use and convenience of a private It led from the eastern line of Front Street down the
corporation (the O.R.&N. Co.), and which abso- incline on Madison Street, giving ingress and egress
lutely and permanently exclude the public and to Bill and David Brands (the plaintiffs) lots.
the abutting owner from the portion of the street Eventually the bridge committee, authorized by the
so occupied, without compensating the adjoining legislature, purchased the bridge and planked over
proprietor for the injury sustained. and closed the 14.5-foot access road. Provision was
The cases cited clearly describe the extent of author- made for the commission (to) restore the driveway
ity in the legislature, the cities and the counties, for if not satisfactory to property owners. The plaintiff
administering the public highways. However, in was then deprived of the means of ingress and egress
Brand v. Multnomah County,293 the court did a superb to their buildings by way of Madison Street. The East
job of putting all of this in proper perspective: Side Railway Company had a franchise for operating
its street railway directly over the space formerly left
Primarily, the state has paramount control over
open for the plaintiffs access to their property. Con-
all the highways within its borders, including
sequently, they brought suit to require the road to be
public streets and highways within the confines
reopened.
of municipalities. Whatever authority a municipal-
ity may enjoy or possess, pertaining to its streets and The Brands argued that the closing of the access
highways, must be derived from the legislative assem- road was a taking without just compensation. They
bly through its franchises or charter; and such a maintained the easement of access, of light and of
corporation acts, if at all, through a delegated air, constituted their property, and it was dependent
power emanating from the initial source.294 Nor upon the streets contiguous with their land. And: In
does the mere fact that the state has delegated addition to the right of safe and unobstructed travel,
certain powers to the municipality inhibit it from the abutting owner has a special and private right to
again resuming or exercising such powers. Hence use the street as a means of access to his property.
it is said: The legislature of the state represents the This easement he may protect, and, in the protection
public at large, and has, in the absence of special of it, he may insist that no structure shall be placed
constitutional restraint, and subject to the property or maintained in the street which, although it may
rights and easements of the abutting owner, full and be beneficial in a sense to the public at large, is detri-
paramount authority over all public ways and mental to him as owner of property affected.
public places.295
On rehearing the court stated:
Whatever right the municipality may acquire
in and about its public streets, whether through Principle 34
dedication or by condemnatory proceedings, or
whatever may be the property interests which may A municipal corporation is not liable for consequential
remain or are left vested in the owner of property damages necessarily caused in grading a street unless
abutting thereon, it has come to be settled, if ever it made liable by statute, constitution or charter.298
was seriously controverted, that they (the abutting
owners) cannot be burdened with any additional The argument of counsel, or much of it, seems
servitude, other than that which properly and le- to proceed upon the theory that the building of
gitimately attaches to them as public streets and this bridge in the street is not a street use, but
highways, without just compensation being made very much the same as though the street had been
to the abutting owner.296 (See ORS 221.916) walled up or vacated so that it could no longer be
Brand involved a dispute over a bridge abutment and used as a street. Our contention is that the approach
a change in a street grade. Unlike the bridge abut- to this bridge is as much a part of Madison Street as any
ment in Willamette Iron Works v. Oregon Railway and other part of the street, and that the plaintiff can no
Navigation Company,297 this abutment was for public more complain of the approach being constructed
street purposes. But the Columbia Street Bridge on its present level than he could of any other part
Company, a private corporation, was, by a legislative of the street being brought up to the duly estab-
act, granted authority to construct and maintain the lished grade.299
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The authorized establishment of a street grade, Principle 35
although the change may result in consequential
damages to the abutting property, is not a taking A city or county holds public ways in trust for the public
within the meaning of the clause of our constitu- for the use of the general public as thoroughfares for
tion (Const. Or. Art. 1 & 18), providing that pri- travel from place to place. Neither the city nor county
vate property shall not be taken for public use.... owns the ways, nor can either corporation sell or divert
A bridge connecting public highways, and erected them to any private use.303
for the general use and accommodation of the
public, whether built and maintained at public In Dent v. Oregon City,304 the court held to the proposi-
expense, or by private corporation authorized to tion that:
charge and collect tolls from persons using the The right to use public highways by the ordinary
same, is itself a public highway, and constitutes part of and usual means of travel is common to all mem-
the highways with which it is connected.300 bers of the public without distinction, and extends to
those engaged in the business of carrying passen-
The court held that when Columbia Street Bridge
gers or freight for hire by such means, as well as
Company left the 14.5-foot access approach (to the
to individuals pursuing strictly private business,
plaintiffs property), it was not required to do so. It
subject to the states power to impose reasonable
was merely a matter of accommodation to meet the
and impartial regulations by statute, which power
convenience of the property owners interests in the
may be delegated by the legislature.305
river bank subject to the closure at the behest of the
bridge company. The bridge committee succeeded to Quoting Macomber v. Nichols,306 the court explained:
all the powers and authority granted the bridge com-
A highway is a public way for the use of the pub-
pany under the franchise, and it acquired the right to
lic in general, for passage and traffic, without dis-
close the access roadway. The bridge company sur-
tinction (as to who uses the way)... The restrictions
rendered its franchise and right to take tolls, so that,
on its use are only such as are calculated to secure
in practical operation, its free use has become vested to the general public the largest practical benefit
in the public; thus disendowing it of its only remain- form the enjoyment of the easement, and the in-
ing characteristic of a private concern, and putting it conveniences must be submitted to when they are
upon the broad basis of a public highway. only such as are incident to a reasonable use under
A question remained as to whether the bridge, with partial regulations. (Clarification supplied.)
its approach upon Madison Street, constituted an ad- Dent was a case involving the operation of a bus as
ditional servitude. Even though a use may be public a common carrier of passengers between Portland
and therefore lawful, if it is a use inconsistent with and Salem, and over a route along public highways.
the purpose of dedication, or a use of which the abut- An Oregon City ordinance required persons operat-
ting owner was not compensated, it would be a new ing interurban public utility vehicles to purchase a
servitude. On rehearing, the court held that neither franchise from the city before operating the vehicles
the change in the street grade nor the bridge ap- on that citys streets. The plaintiff had met all the
proach or abutment imposed a new servitude on the citys license requirements imposed by statute, but
land of the street.301 had not purchased the franchise. Consequently, he
P. & W. V. R.R. Co. v. City of Portland302 supports the was convicted of violating a city ordinance by the
principle that dedicated lands cannot be diverted to a Recorders Court of Oregon City.
use inconsistent with the purpose of dedication: The city charter provided the power and authority
To this property thus dedicated to public use, the to regulate the use of streets, roads and highways,
dominion of the legislature attached, but its power and public places, for foot passengers, animals, cars;
over it is not supreme (not unlimited). It might street railways, and locomotives; to prescribe the
regulate its use or promote its improvement, but width of tires of all wheeled vehicles, and the weight
it (can) not divert it or subject it to any use clearly to be carried thereby for the protection of the streets
inconsistent with the purpose of its dedication. To and highways;to control and limit traffic on the
streets, avenues, and public places.307
do that would violate the contract of dedication,
any person interested (that is, any person sustain- The city charter empowered the city to impose rea-
ing damages differing in kind from that suffered sonable regulations upon those using its streets. The
by the general public) would be authorized to in- regulations were adopted in view of local conditions
stitute proper proceedings to enjoin it. (Clarifica- and requirements respecting the streets, travel and
tion supplied.) public safety.
15-37
Those regulations cannot be carried to the extent was originally subjected when taken for a high-
of prohibition where the use made of the streets way, the obstruction of the abutting proprietors
is strictly for travel and passage by the usual and access to the street (Brand v. Multnomah Co. ?),311
ordinary means. But where the use made of the or the impairment of his right to light and air, con-
streets results in an occupancy or appropriation stitutes a taking of private property for a public use,
of the streets, or any portion thereof, for private within the meaning of the fundamental law of the
purposes beyond that involved in traveling upon such state, for which just compensation must be made
streets by the usual and ordinary means, the munici- for the damages which necessarily ensue.312
pality may not only regulate, but it may prohibit
that special or peculiar use of its highways.308 The ordinary mode of travel in cities at present
is the same as that in vogue in the rural districts
Some of the cases cited by counsel for the city: when the road was established. The use of the
...contain statements to the effect that a mu- highway as a street will not be in addition to or
nicipality having power to regulate the use of its distinct from that originally appropriated, hence:
streets may entirely prohibit those engaged in the
carriage of passengers or property for hire from Principle 36
using the streets within its boundaries for carrying on
The conversion of a county road into a street does not con-
their business. That is true when the streets are used
stitute diversion, misuser, or a taking which demands addi-
by such carriers as a stand for transacting business or
tional compensation thereof on account of such use.313
soliciting patronage, stopping to let off passengers,
or any other use by which the streets, or a por-
tion thereof, are occupied or appropriated to the Pedestrian Malls are
exclusion of the public, or are used in a manner that
produces excessive wear upon the highways or en-
Lawful Use of Public Ways
dangers the public safety or which interferes with, The Oregon Legislature and its trustees (the state, cit-
or obstructs, the use of the streets as highways for the ies and counties) may restrict the methods or modes
purpose of business or travel; but the statements are of public travel on highways. The essential require-
inaccurate as applied to the use of such streets by ments of a public way is that it is free, unobstructed,
common carriers, strictly as thoroughfares. open and common to all citizens for travel from place
The outcome of Dent was: The ordinance in question to place, and the rights of the abutting owner are
prohibits the exercise of the specific rights granted not impaired. Public highways, or portions of the
by the statutes (of Oregon) to interurban carriers. highways, may be restricted to bicycles, city buses,
Being in conflict with the statutes, the ordinance is carpool vehicles, pedestrians, horses, etc. But any
invalid.309 citizen must have free, open and unobstructed use of
the way for travel by the designated means of travel.
Conversion of a County Road to a City And the abutting owners must be compensated for
any damages effected by the restriction.
Street by Annexation is Not a Diversion
An example of a lawful restriction on a dedicated
In Huddleston v. Eugene,310 the appellants argued that way is a pedestrian mall, free, open and common to
to change a county road into a city street would sub- all citizens for pedestrian travel from place to place.
ject the land to other and greater servitudes; that the
additional servitude is property within the mean- In 1961, the Oregon Legislature found that in certain
ing of the constitutional prohibition against taking areas in cities, and particularly in retail shopping
property without just compensation. They claimed areas, there was a need to separate pedestrian travel
that the uses to which streets are ordinarily put are from vehicular travel. Such separation, said the leg-
greater and more numerous than those to which a islature, is necessary to protect the public safety or
county road is subjected. otherwise serve the public interest and convenience.
It also declared that such objective can, in part, be
The court said: accomplished by the establishment of pedestrian
The public easement in a county road is limited malls pursuant to ORS 376.705 to 376.825.
to the uses to which such a highway is commonly
ORS 376.720 permits the closure of such ways to vehicu-
subjected, and it must be presumed that the con-
lar traffic. If any abutting owner suffers special damages
demnation of the land for such road by a county
effected by a pedestrian mall, Oregon law requires the
court was made with reference to such uses.
city to pay just compensation for such damages. Provi-
The imposition of a new servitude upon the land, sions of law, such as this, are evidence that the legisla-
in addition to and distinct from that to which it tive assembly is fully aware of the limitations on the
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use of dedicated public ways, and of the constitutional public nuisance.315 Even though it were to be con-
limitations on the taking of private property. ceded that the defendant thus occupied the road by
lawful constituted authority, yet it invades the right of
Private Irrigation Ditch the abutting owner, and is an appropriation of the property
of such owner without just compensation, which is be-
in Public Way, Blocking Owners yond the power of the legislature or municipality, or
Access, Held to be Misuser both, to authorize or sanction.316
In Sweet et al v. Irrigation Canal Co.,313 the plaintiffs Maintenance of the ditch cannot be justified, as
brought suit before the Union County Circuit Court counsel for the defendant would have us do, as a
as an abutting owner to obtain a decree enjoining the public use. The same plea was advanced by the
maintenance of an irrigation ditch by the irrigation railroad company in the Willamette Iron and Steel
canal company. The plaintiffs claimed the ditch in- Works case; but the court said that, while it might
terfered with their right of ingress and egress to and be conceded that the interests of Portland and the
from their property. public at large were promoted by the appropriation
The irrigation canal company won the circuit court of the street to the purposes of an approach to the
case because the plaintiff failed to prove that a com- defendants bridge, it did not follow that the burden
mon boundary existed between the county road and of such a public (benefit) could rightfully be cast
the plaintiffs property. This brings up an interesting upon the plaintiff by appropriating its property for
point: Even if the circuit court had recognized that the public benefit without compensation.317
the irrigation ditch was misuser of a public way, the Certain language in Savage v. City of Salem,318 re-
plaintiffs had no standing to maintain the suit as abut- lied on by the defendant as supporting its position,
ting owners because they failed to convince the circuit cannot be used for that purpose when properly
court that their premises abutted the road. A party understood and considered in the context of the
only has standing if that party has a personal stake in case. The language is as follows:
the outcome of the controversy.
... it now seems settled that municipal authori-
In this case, the gist of the question of standing ties which possess (under their charters) general
was whether the plaintiffs were the proper party control over the streets, have the power to autho-
to request an adjudication of the issue, not whether rize and render lawful obstructions and erections
the issue was justiciable. Did the ditch deprive the
therein for a public purpose, which otherwise
plaintiffs of their rights as abutting owners, of ingress
would be deemed nuisances, on the ground that
and egress to their property? Had the circuit court
such erections or structures are merely putting the
found in favor of the plaintiffs, it could then attend
street to a new and improved use, as demanded
to the problem of misuser because the misuse would
and required by the necessities of the times and the
deprive them of their right, as abutting owners, of
modern conveniences and appliances.319
ingress and egress.
The case holds that water tanks erected and
The plaintiffs appealed the circuit court decision to
the Oregon Supreme Court. That court reversed the maintained on certain of the city streets were not a
circuit court decree, finding the plaintiffs land was nuisance per se and that, under evidence, it was a
contiguous with the county road. Consequently, it question for the jury whether they were a nuisance
could attend to the matter of use of the road. The in fact. The plaintiff had a contract with the city
court explained: to sprinkle the streets and the tanks were erected
by him by authority of the common council for
Our conclusion from the evidence is that (the) the purpose of supplying his street-sprinkling
defendants ditch is in the county road and the wagons. They were removed by the city over the
plaintiffs land adjoins the county road. They are, plaintiffs objection, and he brought an action to
therefore, abutting owners with the right of access recover damages for such removal. This court, in
to the highway, which is cut off as long as the de- affirming a judgement for the plaintiff, took a note
fendant maintains its irrigation ditch as an open of the fact that the case did not involve any question
ditch. The plaintiff...operates on the land a slaugh- as to the right or remedy of an abutting owner. That
terhouse and meat packing and processing plant, is one point of distinction from the present case,
and he, his employees and customers are denied and another and very significant difference is that
the use of the highway as a means of access to and
the water tanks were authorized by a municipal
from his place of business.
authority having under its charter general control
Under our decisions and the law, generally an open over the streets for the purpose of subserving a
ditch along a public highway is a purpresture or public purpose . . . The sort of obstruction to which
15-39
the court referred in the sentence relied on by material as the county court shall order. This statute
counsel is explained in the next sentence: does not aid the defendant. We may infer from it the
authority for passing laterally over a highway, but
... It is upon this principle that the right to grant
not for going along it longitudinally.323 The other
franchises authorizing the use of the streets for
statutes relied on are subsection 12-101, 102, 104
water and gas pipes for the construction and op-
and 105 OCLA. The section last mentioned autho-
eration of street railways, the erection of water
rizes a corporation to make a public highway part
hydrants and lamp posts, or telegraph, telephone,
of its corporate road.324 It has no bearing on any ques-
electric light, and railway poles, and similar struc-
tion in this case. The other sections authorize corpo-
tures, is maintained and now generally recognized
rations of various types, including those organized
and upheld by the courts. 320
for irrigation purposes, to acquire rights of way for
The court continued: canals and ditches by eminent domain proceed-
ings. It is provided, among other things, that the
Since a municipal corporation holds its control
corporation may, by agreement with the county
and power over the streets in trust for the public,
court, appropriate a county road or highway and
it has no authority to authorize or permit private
in lieu thereof condemn contiguous or adjacent
persons or corporations to erect or maintain per-
property and construct a similar road or highway.
manent obstructions therein for purely private
As the defendant did not resort to condemnation
purposes.
proceedings, we are unable to perceive any basis
It is, of course, manifest that this is exactly what for this contention.
the county has permitted to be done in this case,
In our opinion, an attempted authorization by the
and there is nothing in either the decision of the
county court to a private corporation to maintain
Savage case, or in any statement of the law in the
an open irrigation ditch in a public highway is a
opinion therein, which gives any support to the
usurpation of power. The very statutes upon which
defendants contention.
counsel rely, and to which we have just referred, by clear
Baines v. Marshfield & Sub. R. Co.321 is like Savage... implication negate the existence of any such power.
in that it involves the maintenance of a railroad in The right of an abutting owner to the remedy
a public street pursuant to what was claimed to be of injunction in circumstances such as here pres-
a franchise granted by the city pursuant to legisla- ent is clearly established.325 The remedy can be
tive authority. Under the evidence, it was held that granted in this case without undue hardship to
the railroad was a mere private enterprise and not the defendant. Plaintiffs do not ask that the defen-
designed to subserve a public purpose. There was dant be compelled to abandon use of the ditch for
only an occasional interference with the plaintiffs conveying water for irrigation purposes, but only,
right of access to their property; nevertheless, the in the language of the prayer, that the defendant
railroad was held to be a public nuisance and its enjoined from maintaining said ditch in the public
maintenance in the street enjoined. The case is not highway adjacent to the land of the plaintiff as an
authority for the proposition that a corporation, even open ditch and an impassable barrier, and that the
though acting under lawful authority and serving a public defendant be required to install a culvert to con-
purpose, may completely cut off an abutting owners right vey the water in said ditch and to cover and fill the
of ingress and egress without paying just compensation. same, level with the surface of the ground, so that
That a railroad may not do so is clear.322 We see no the plaintiff may have ingress and egress to and from his
reason for a different rule in the case of an irrigation premises along the full length of that portion of the said
company, especially as the Legislature has granted public road to which the plaintiffs land is adjacent.
such companies no right to occupy a county road or
highway longitudinally, otherwise than by exercise Notwithstanding any opinion expressed by us as
of the power of eminent domain. We say this with to the want of legal authority to maintain the ditch
full realization of the importance of irrigation to the at all, it is unnecessary, in making provision for an
eastern part of Oregon. injunction, to go beyond what the plaintiffs seek.
The plaintiff calls our attention to certain statutes Principle 37

which apparently are claimed to be authority for
the county courts action and for its own right to An abutting owner, however, is not necessarily entitled
maintain its open ditch in the road. One of these is as against the public to access to his land at ALL points,
subsection 100-2703, OCLA, which provides in part and it is held that it is sufficient if he has free and con-
that any person constructing a ditch across a public venient access to his land and improvements thereon
highway shall put over such ditch where it crosses even though not at all points where it abuts upon the
the highway, a bridge or culvert of such width and highway.326
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Consequently, the decree in this case will go no on the inverse condemnation claim. We disagree.
farther than to require the defendant to install in its An owner of land abutting a street has a common law
ditch such culverts, bridges, or other structures as right to access to his property from the road. Oregon In-
will afford to the plaintiffs free and convenient access vestment Co. v. Schrunk, supra; Boese v. City of Salem,
to their property, and in particular to that portion of it supra; rev den 287 Or. 507 (1980). However, the rights
on which their business is conducted to the end that
of abutting proprietors to access to their premises are
their means of ingress and egress shall not be sub-
stantially interfered with.327 subservient to the publics right to free use of the streets.
That right is protected by the states exercise of its police
Closure of Driveway by City power. Oregon Investment Co. v. Schrunk, supra; Boese
v. City of Salem, supra. An interference with access
Legitimate When for Public Safety and rights that is an exercise of the citys police power is not
Convenience, and When Other Access a compensable taking.
can be Had; Police Power of City It is well settled that changing a public road to
The case of City of Salem v. Merritt Truax, supra, dem- provide for public safety and convenience is a le-
onstrates that Principle 37 is recognized in this state. gitimate exercise of a citys police power. Thus we
In this situation, the defendant owned a corner lot in conclude that the closure of defendants driveway
Salem, on which they operated a service station. The was not a compensable taking. Oregon Investment
situation prior to the citys action can be seen in Dia- Co. v. Schrunk, supra; Argo Investment v. Dept. of
gram 1 of Figure 4-3: Transportation, supra; Boese v. City of Salem, supra.
As part of a street-widening project, plaintiff Defendants point out that the change in driveways
condemned a narrow strip along one edge of de- has made it less convenient to enter the station and
fendants property and closed one of their three has resulted in a decline in business. The closure
driveways (driveway B of diagram 1). Defen- has also made it harder for defendants to get fuel,
dants brought a claim of damages caused by the because it must now be specially delivered be-
driveway closure, alleging that their access had in- cause tanker trucks can no longer pull into the sta-
versely been condemned. The trial court, however,
tion. Those matters are damnum absque injuria (loss,
determined that the closure was carried out pur-
suant to a valid exercise of the citys police power hurt or harm without injury in the legal sense) and
(see note at the end of this discussion). not compensable. Oregon Investment Co. v. Schrunk,
supra; Boese v. City of Salem, supra.
Although the defendants advanced a number of
theories, the real thrust of their appeal is that the The Court of Appeals held that the verdict of the trial
trial court erred by directing a verdict against them court was proper.
15-41
Note: Oregon Investment Co. provided this observa- 2. The citys action in prohibiting vehicular access to the
tion of Mr. Justice Holmes in his dissenting opinion parking lot from the street designated as a 24-hour bus
in Tyson & Bro. v. Banton, 273 U.S. 418: loading zone, which lot was accessible from two other
... [W]hen legislatures are held to be authorized to streets, was within the scope of the citys police power:
do anything considerably affecting public welfare to regulate the use of streets and public thor-
it is covered by apologetic phrases like the police oughfares,
power, or statement that the business concerned
has been dedicated to a public use. The former ex- to keep streets in open and safe condition (Note:
pression is convenient, to be sure, to conciliate the One difference between this and Cabell v. Cot-
mind to something that needs explanation; the fact tage Grove, supra, is that the action in the latter
that the constitutional requirement of compensa- case would have not kept the streets open) for
tion when property is taken cannot be pressed to public use, and
its grammatical extreme; that property rights may be to control and limit traffic and classes thereof
taken for public purposes without pay if you do not take and vehicles and classes thereof on the streets,
too much; that some play must be allowed to the avenues, and elsewhere (Portland City Charter,
joints if a machine is to work. But police power of-
subsecs 2-105).
ten is used in a wide sense to cover and, as I said,
to apologize for the general power of the legislature 3....
to make a part of the community uncomfortable by a
4. While an abutting proprietors right to use of
change. (Emphasis supplied.)
the street in front of his premises as a means of
The situation of Oregon Investment Co. et al v. Schrunk ingress and egress is a property right, the rights
et al, supra, was similar to that of Merritt Truax. Here, of abutting proprietors to access to their premises
the City of Portland prohibited vehicular access from are subservient to primary rights of the public to
Fourth Avenue to a parking lot because the street was free use of the streets for purposes of travel and
designated as a 24-hour bus loading zone. The park- incidental purposes.
ing lot was, however, accessible from SW Morrison
Street and SW Third Avenue. The plaintiffs admitted 5. A city has authority to regulate bus stops.
that their right of access to and from their property 6. The citys action in prohibiting vehicular access to
was subject to the paramount right of the public to a parking lot from a street designated as a 24-hour
use SW Fourth Avenue, and of the defendants to bus loading zone was not unreasonable or arbitrary,
impose reasonable regulations and limitations con- where lot was accessible from two other streets, and if
sistent with public use. But they denied that the city some depreciation in value of the parking lot or some
had a right to totally prohibit vehicular access to their lessening of profits from the parking business resulted,
property from Fourth Avenue, the pivotal question of it was not a loss with injury in a legal sense, and hence
the case.
there was no taking of property within constitutional
The plaintiffs claimed the prohibition was arbi- provision.
trary and constituted a taking of their property for
7. Where property fronts on more than one street, access
public use without just compensation in violation of
may be denied, under particular circumstances, at one
Oregon Constitution, Article I, Section 18. The court
of the streets, if adequate means of access remain to the
responded:
owner at the other street or streets.
1. The owners of the parking lot had the burden
of establishing the unconstitutionality of the citys One important fact in this case that made the courts
action in prohibiting vehicular access to their job a little easier in issuing its ruling was that the
property from Fourth Street. The court cited Pacific plaintiff had applied for permission to use their prop-
States Box & Basket Co. v. White, 296 U.S. 176, 185, 56 erty as a parking facility. The plaintiff filed an accep-
S. Ct. 159, 80 L. Ed. 138, 101 A.L.R. 853, 860: tance of the terms and provisions of the conditional
use as granted by the City Council and thereafter in-
The burden of showing arbitrary action is not sustained stalled an off-street parking facility upon the said real
by making allegations which are merely the general property. The city granted the application to use the
conclusions of law or fact. Facts relied upon to rebut the property as a parking facility and to impose such
presumption of constitutionality must be specifically conditions and restrictions as it deems necessary to
set forth. protect the best interests of the surrounding property
The plaintiffs failed to set forth a single fact, either or neighborhood or the City as a whole: Ordinance
generally or specifically, that the citys act was un- number 110103, Planning and Zoning Code, subsecs
constitutional. 6-2204, 6-2217.
15-42
As quoted from Brand v. Multnomah County, supra (38 dedicated to or otherwise acquired for the public
Or. at 92, quoting Northern Transportation Company v. use for streets, highways, parks or public places,
Chicago, 99 U.S. 635, 25 L. Ed. 336): shall not be extinguished by any adverse posses-
sion however long continued...
Acts done in the proper exercise of governmental
powers, and not directly encroaching upon private Oregon Law now provides:
property, though their consequences may impair its
use, are universally held not to be a taking within the Principle 38
meaning of the constitutional provision. But see ORS
105.850 to 105.870 (enacted by 1973 Legislature). ORS 221.750: The right of cities and towns, whether
incorporated or not, to land dedicated to or otherwise
In the situation of Boese v. City of Salem, the city closed acquired for the public use for streets, highways, parks or
a driveway because it posed a traffic hazard on public places, shall not be extinguished by any adverse
Broadway Street. The private driveway served five
possession, however long continued. No title to such
garages that served a triplex and duplex. The trial
lands as against any such city or town shall be hereafter
court held that the closure was a taking as a matter
acquired in this state through operation of the statute of
of law. Surprisingly enough, the Court of Appeals
limitations.
reversed the trial courts decision, even though the
result of the citys action was the loss of utilization of
the garages at the rear of the rental unit. (The plain- Principle 39
tiffs arranged for access from the garages through an
adjacent property at a fee of $100 per month. How- ORS 275.027: The rights of any county to public lands
ever, the court said the existence of this access was are not extinguished by adverse possession. No title or
not material.) property rights to public lands shall be acquired against
the county through operation of a statute of limita-
The court said that, although closure of a private tions.
driveway serving garages in rear of rental units re-
sulted in access that may have been less satisfactory So it is settled. Even though an abutting owner uses
or even nonexistent for auxiliary purposes of utiliz- the land of the street for gardening, lawn, or to store
ing garages at the rear of units, such inconvenience lumber for the statutory period of 10 years, the public
way damnurn absque injuria and not a compensable
retains the right to open the road for travel. But what
taking, where landowners retained adequate access
if the abutting owner inadvertently constructed valu-
to their property from another street for principal
able improvements on the land of the street, with a
purpose for which the property was utilized, i.e.
citys knowledge and tacit acquiescence (inferred ap-
maintaining rental units. But note: ORS 105.855 to
proval by the citys silence and failure to halt the con-
105.870, enacted in 1973, provides a procedure for
struction)? In Schooling v. Harrisburg,329 the first case of
compensation when access to commercial abutting
Oliver v. Synhorst,330Portland v. Inman-Poulsen Lumber
property is restricted.
Co.,331 Nicholas v. Title & Trust Co.,332 Barton v. Port-
land333 and Dabney v. City of Portland334 the Oregon Su-
Can the Publics Easement be preme Court held that the right of the public in and to
Defeated by Nonuse, Adverse a street, by an unlawful encroachment thereon, may
Possession, Equitable Estoppel be extinguished by equitable estoppel,335 consent by the
officers of a municipality, or tacit acquiescence.
or Property Taxation?
Before presenting Principle 42 regarding equitable
It is settled past controversy in this state that the right estoppel and tacit acquiescence, it is important to dis-
of the public to use land dedicated for a street, alley cuss the doctrine of law as it prevailed in the pioneer
or other highway may not be extinguished by a claim era.
of adverse possession.328 In other words, the ordinary
statute of limitations cannot be set up to defeat the In 1903, the Oregon Supreme Court decided Schooling
right of the public to the use of a public way. It is of v. Harrisburg.336 The plaintiff, Schooling, brought suit
interest that this became Oregon Law by a statute to enjoin the city of Harrisburg from opening a cer-
of Feb. 23, 1895, and remains the law as provided in tain public way which had been dedicated by filing
ORS 221.750 and ORS 275.027. a plat in 1871 and by the sale of lots with reference to
the plat. At the time of dedication, the tract was en-
In the Laws of Oregon, 1895, on page 57:
closed by a substantial fence which was maintained
The right of cities and towns (whether incorpo- at all times thereafter. None of the streets or alleys in
rated or not) within the State of Oregon, to land controversy were ever opened.
15-43
The dedicator, after filing the plat, planted fruit trees 4.Where use is merely permissive, and not adverse,
and grapevines in the street. In 1876, he conveyed there is no basis on which a right by adverse pos-
to the plaintiff, by warranty deed, portions of two session may rest.338 If Schoolings use was not ad-
blocks, and by quitclaim deed, all of his interest in verse, and was permitted by the city (as claimed
the portions of the street in controversy. In addition by him) there should not be a basis for his claim.
to planting more fruit trees and grapevines in the 5. In Lowell et al v. Pendleton Auto Co.,339 the court
streets, the plaintiff fenced the area and erected a said:
shed across the alley.
It is well established that the doctrine of laches
In 1901, the city directed removal of all obstructions is inapplicable to public rights. As was said by
(nuisances). The plaintiff alleged that the defendant Lord Ellensborough, in Rex v. Cross, supra: It
ought to be estopped from asserting any rights in the is immaterial how long the practice may have
streets and alley, for it had, for more than twenty- prevailed, for no length of time will legitimate
five years, with knowledge of his claim of ownership a nuisance. 340
in said streets and alley, permitted him to improve
the same. The court ruled in favor of the plaintiff, 6. A municipal corporation is not estopped by the
citing Dillon on Municipal Corporations. Although acts of its officers when they exceed their pow-
acknowledging that as respects public rights, cities ers.341 The rule is that persons dealing with such
were not affected by the ordinary statutes of limita- officers must, at their peril, ascertain the scope of
tions (10 years), the court said: their authority.342
... but there is no danger in recognizing the prin- The first case of Oliver v. Synhorst343 involved an as-
ciple of an estoppel in pais (estoppels by conduct) as sertion by the plaintiff that her improvements were
made with the knowledge and consent of the city.
applicable to such cases, as this leaves the courts to
The trial court struck the allegations on which estop-
decide the question, not by mere lapse of time, but by
pel was predicated and the plaintiff appealed in the
all the circumstances of the case, to hold the public
Supreme Court. In that court the plea of estoppel was
estopped or not, as rights and justice may require.
held good. The court said:
...In the case at bar the officers of the (city) knew
...But, while the rule may be that the ordinary
that the streets and alley in question were enclosed,
statute of limitations as such cannot be set up to
and must also have known that plaintiffs, for more
defeat right of the public to the use of a street or
than twenty-five years had been making valuable
highway, there may grow up, in consequence of
improvements thereon, and, these officers having
the laches of the public authorities, private rights of
permitted him to use the property without objec- more persuasive force in the particular case than
tion in a manner inconsistent with the assertion of that of the public. And if acts are done by an ad-
any right thereto on the part of the city, such tacit joining proprietor which indicate that he is in good
permission and use evidence and abandonment of faith claiming as his own that which is, in fact, a
the highway by the municipality, which operates part of the highway, and is expending money on
to estop it from asserting the right now insisted the faith of his claim, by adjusting his property to
upon, and this being so, no error was committed the highway as he supposes or claims it to be, the
in restraining the opening of such streets and alley, public will be estopped...
and hence the decree is affirmed.
The approval in this case, and references to
Comments. Today, the Supreme Court would prob- laches of the public authorities support the view
ably rule in favor of the city for these reasons: that estoppel may result from tacit acquiescence .
1. The improvements would not be considered . .344 Oliver v. Synhorst345 was again before the Su-
valuable today, nor would they make it difficult preme Court. The court said the evidence failed to
for the public to open the highways. show that the plaintiff had taken any measures to
ascertain the location of the street lines or that the
2. Based on the decision in City of Molalla v. Coover plaintiff believed her improvements to have been
et ux,337 the fact that the dedicator and plaintiff on the lots which she purchased.
knew the streets and alley were dedicated would,
...In other words, being uncertain as to the exact
today, cause the court to reject Schoolings plea.
line, she was willing to take the chance of an im-
3. Schooling had the fee to the bed of the streets, provement being made in the future. This comes
not primarily as a result of the quitclaim from the far from the good faith required in these cases to
dedicator, but as an abutting owner. Therefore, constitute ground upon which to predicate an
his use was not really adverse. estoppel.
15-44
The court also said: The court, in Coover, puts those decisions in proper
perspective:
... To require a city to open and improve all its
streets at once, without reference to the need of ... The actual decisions, however, are by no means
such improvement, at the peril of forfeiting them, as persuasive as the words employed. The first
would be absurd, as a matter of public policy... opinion in Synhorst was based on alleged consent
of the city. In Inman-Poulsen, the city established
But the question is not whether a city may forfeit a
street grades on the streets around the area in
street by failure to improve it. The question is whether
controversy, but none on the alleged streets on which
forfeiture may result from failure to perform its duty
the defendant erected improvements of very great value.
to prevent or remove permanent obstructions.346
The defendants were encouraged by the mayor and city
The court held further that there was nothing in the council to locate their mill on the premises; they notified
fact that the city council visited the property and the city of intention so to build:
made no objection to the location of the plaintiffs
. . . and requested that if said city claimed any
improvements. It was considered immaterial that the
interest or right in said premises or any portion
mayor had stated that there would be no objection to
thereof, or for the use of the public as a street or
the fencing of the street. The court said:
otherwise, that the same should be vacated, and
he was informed by the said mayor that the City of
Principle 40
East Portland did not and would not claim any of said
(A) mayor cannot vacate a street by the most solemn premises as a public street or highway, except that the
act of authority, much less by a mere casual expression city claimed Fifth Street, now Grand Avenue, as a
of opinion.347 public street...
After acquiring legal advice, the defendants con-
On rehearing, the court pointed out that a sale by structed their mill. This court held the city was
reference to a plat is bound thereby, and: estopped. It was a clear case of affirmative action
relied upon in good faith. In Silverton there was
Principle 41 evidence of adverse possession for the statutory
period prior to the enactment in 1895 which exempt-
In good reason a person acquiring property with refer-
ed the city from the operation of the statute of limi-
ence to such a plat is equally bound by the plat with ref-
tations. In Booth v. Prineville, Barton v. Portland, and
erence to the streets and alleys marked out.348
Nicholas v. Title & Trust Co., all supra, the approval of
the ruling in Schooling was mere dictum. In Dabney
The court held that there was no evidence of any
v. Portland,357 although this court said that estoppel
affirmative action by the city. It pointed out that
might arise from acquiescence, it was at pains to
the commonest kind of observation would have
point out that there were affirmative acts by the
shown the plaintiff that her enclosure was en-
city whereby a person might reasonably reach the
croaching on the street and added:
conclusion that the property had been abandoned
... The plaintiff is presumed to know what, with for public use. In Hart v. City of Independence,358 the
ordinary care, she might have discovered by statement that the city was estopped was unnec-
searching the records or causing a survey to be essary to the decision of the case. The Court also
made... pointed out that it was not, as in earlier cases, a
simple matter for the plaintiff to have ascertained
The court attempted to distinguish Schooling v.
the true boundary lines of the street. It indicated
Harrisburg349 by pointing out that in the latter case,
that the exercise of reasonable diligence might not
plaintiff had color of title. Plaintiffs claim of estop-
have discovered the true boundaries.
pel was again rejected.350
It would seem that a governmental body should
Although the final Synhorst case overruled previ-
be, in general, as immune from estoppel as a pri-
ous precedent of the Supreme Court, subsequent
vate litigant.
decisions in Portland v. Inman-Poulsen Lumber Co.,351
Nicholas v. Title & Trust Co.,352 Barton v. Portland353 and As against the holdings that the city may be es-
Dabney v. City of Portland354 came within the rule laid topped by passive acquiescence, we find persua-
down in Schooling, i.e. that the publics right to the sive authority and sound reasons for the severe
use of a dedicated way is defeated under the doctrine restrictions of the doctrine. In Portland v. Miller,359
of estoppel by acquiescence. The Schooling case has the city sued to enjoin the maintenance of a dwell-
also been cited in Silverton v. Brown355 and Booth v. ing house in the street. The Court cited the second
Prineville.356 opinion in Oliver v. Synhorst360 and said:
15-45
The city is not estopped by reason of its failure to The court, in Coover, held that the entire doctrine of
eject the defendants at an earlier date. equitable estoppel as applied to governmental bod-
ies, and, in cases of the type being considered, was
While this addition continued to be thinly popu-
anomalous.365
lated, there was probably no occasion to use the
street in question; and now that occasion has aris- In so far as it has been held that estoppel may
en for its use, citizens who bought and built upon arise from affirmative action by a city or its offi-
the faith of the plat should not lose their right to cers, the rule is at logger heads with the principle
use the street because the city authorities did not well established that a public or governmental
open it before such occasion arose... corporation like a municipal corporation is not
estopped by the acts of its officers when they ex-
In a suit to restrain the defendant from obstruct- ceed their powers. The rule is that person dealing
ing a street, the court rejected the defendants plea with such officers must, at their peril, ascertain the
of estoppel, and said: scope of their authority. Tuttle v. Beem.366
... Defendant knew that there was a question as It has been held that no estoppel can arise from
to the location of the street line; talked about it an act of a municipal corporation or its officers
with the chairman of the street commission before when done in violation of, or without authority of
he had done more than lay the foundation of the law, even when money has been expended on the
building. He had sufficient knowledge to put him faith of a supposed license... Mutual Irrigation Co.
on inquiry, and what he did thereafter he did at his v. Baker City.367
peril... City of Newberg v. Kienle.361
Again in Cabell et al v. Cottage Grove et al, this court
The Court also observed that the defendant had not said:
been induced to make an expenditure by any acts of It remains only to say that since, as we have seen,
the city. In Cruson v. City of Lebanon,362 the plaintiff, it is beyond the City of Cottage Grove to close any
relying on the Schooling case and upon the doctrine of its streets, it is equally beyond its powers to
of estoppel, sought to enjoin the city from opening authorize another to do so; and, consequently,
an alley. Here again, the Court recognized the possi- the city is not estopped by its consent to the im-
bility of estoppel by acquiescence, but it emphasized provement and its subsequent repudiation of that
that there must also be belief in good faith on the part consent to object to the (Highway) Commissions
of the claimant that the street had been abandoned by the unauthorized acts...
public, and reliance on the faith of that belief Lowell et al
v. Pendleton Auto Co.363 was a suit to restrain a defen- And in Public Market Co. of Portland v. City of Port-
dant from carrying on the business of storing and re- land,368 we said:
pairing automobiles in a public street. The defendant ... A municipal corporation is not estopped by
pleaded long-continued use and laches on the part of the acts of its officers when they exceed their pow-
the plaintiffs. The Court said: ers. The rule is that persons dealing with such
officers must, at their peril, ascertain the scope of
It is well established that the doctrine of laches is
their authority.
inapplicable to public rights. As was said by Lord
Ellensborough, in Rex v. Cross, supra: It is immate- We have seen that a city has no legal right to sur-
rial how long the practice may have prevailed, for render its platted streets to private person, but on
no length of time will legitimate a nuisance. the contrary has a duty to remove public nuisances
therefrom. If then, equitable estoppel, based on af-
In City of Eugene v. Garrett364 a street had been firmative action by the city, runs counter to the
dedicated to the width of 90 feet. The defendants rule of the cases last above cited, the conflict must
asserted that the city was estopped to claim a be even greater when estoppel is predicated upon
greater width than 70 feet. The court said: acquiescence, i.e., the laches of its officers. We have
... Most of the lot owners who made improve- repeatedly held that estoppel in pais against a state
ments on the west side of the street knew that no will not arise from laches of its officers.369 It is be-
portion of the 90 foot street had ever been vacated. cause of these conflicts that the courts have frequently
All of them could with reasonable diligence have cautioned that the doctrine of equitable estoppel should
obtained such information. This is shown and rec- be applied in street cases only in exceptional instance of
ognized by their petition to the city council to va- extraordinary hardship.370
cate a portion of the street and establish the same The doctrine of Schooling v. Harrisburg371 is a prod-
seventy feet wide, as proposed by the ordinance uct of the pioneer era. It is ill-adapted to the needs
which was vetoed by the mayor of progressive and growing cities. In so far as that
15-46
case and the dicta which have approved it stand used for the purpose for which they were dedicated.
for the proposition that a city will be estopped to Without the exemption, and in light of the fact that
open a street by mason of its tacit acquiescence the fee to the land is in the rightful abutting owner,
in the construction therein of permanent and such land constitutes taxable real property as defined
valuable improvements by persons who knew or by ORS 307.010 and required by ORS 307.030. An
should have known that the erections were within assessor would be remiss to willfully or knowingly
the lines of dedicated though unopened streets, it omit to assess the land of a dedicated public way that
and they are overruled. The plaintiff in the School- failed to qualify as exempt.
ing case knew that his improvements were in Menstell et al v. Johnson et al376 provides this insight
the street. The fact that he took a quitclaim deed regarding the nonuser of dedicated public ways.
to property which his grantor could not convey
might have given color of title but did not give To say that a dedication to the use of the future
color of equity. In the case at bar (City of Molalla v. town and of the public, made when the town was
Coover et ux372) the defendant knew that Seventh in a state of nature, would be lost if not followed
Street had been dedicated and in any event he was by immediate and continued use, or should be
chargeable with such knowledge. He knew that in limited to the extent to which it was used (for
certain parts of the platted property, streets had lesser purposes than those purposes so dedicated),
been vacated. When his right to occupy Seventh would deprive the dedication of its intended value and
Street was challenged, he was able to, and did as- would make it a mockery. The local authorities or the
certain with certainty from the county records that corporate guardians are the ones whose duty it is
Seventh Street had not been vacated. From the time to improve, adorn and embellish the public parks
of the vacation proceedings in the county court, (or improve and maintain public ways), and where
the defendant was chargeable with the knowledge the dedication is irrevocable, as we hold it to have
which he could have obtained had he exercised long since become in this case, they are the judges
reasonable diligence. While he may have been as to the time when the public health and public
honest in his belief that Seventh Street had been pleasure (and welfare) demand the use and enjoy-
vacated, he is in no position to claim an estoppel ment of the lands dedicated.
against the city. If the city had a duty to prevent and
remove purprestures, the defendant also had a duty not Principle 43
to construct or maintain them. Here the equities are not A municipal corporation is not bound to open a dedi-
equal. The public interest must prevail. Our decision is cated street until its use is deemed necessary by the
limited to the facts of the pending case. Whether estop- common council. Until that time, however, the dedicator
pel may in exceptional cases be predicated upon whose premises abut upon the street may make such
affirmative action by a city or its officers need not reasonable use of the proposed highway as not inconsis-
be and is not here decided... tent with the right of the public, or municipality, to open
and improve the street when it is considered essential to
Principle 42 the public need.377 In this respect, the use of the land of
In Oregon, there have been cases where the public rights an unconstructed way for lawn, garden, shrubs and even
fruit trees has been considered reasonable use of a way.
to dedicated ways have been extinguished by a citys or
However, permanent and costly buildings and other im-
countys tacit acquiescence or by equitable estoppel.
provements are inconsistent with the right of the public
The State Supreme Court has not ruled out the possibil-
because of both the legal and physical difficulty required
ity that in exceptional cases of extraordinary hardship, a
to open the ways for public travel.
city or county might be enjoined from opening a dedi-
cated public way occupied by valuable improvements.373
However, this possibility is considered a product of the Principle 44
pioneer era, and ill-adapted to the needs of progressive
and growing cities and counties. Neither the lapse of The rule stated in Principle 43 also applies to dedicated
time, nonuser by the public, nor levying and assessment subdivision streets and alleys under jurisdiction of the
of taxes will constitute an estoppel.374 counties and the county courts.
It is essential to emphasize the last point expressed Nuisance in Public Ways

in Principle 42: The levy of taxes on property does
not estop the public from claiming it as a highway.375 Blacks Law Dictionary378 defines nuisance as that which
This principle is supported by Oregon law. ORS annoys and disturbs one in possession of real property,
307.200 provides that the land of public highways are rendering its ordinary use or occupation physically un-
exempt from ad valorem taxation only when they are comfortable to him (or her).379 It is everything that
15-47
endangers life or health, gives offense to the senses, nuisance can also constitute other offenses such as
violates the laws of decency, or obstructs the reason- trespass or an unlawful taking of private property. If
able and comfortable use of property.380 A nuisance is the issue before the court is that of a private nuisance,
an annoyance, anything that essentially interferes with the court will rule on the nuisance, not on trespass
the enjoyment of life or property. A nuisance in a public (although it may consider the act of trespass in pass-
way could be a lawful use of a public way, but would be ing judgment on the nuisance). Therefore, some con-
either an unreasonable or unwarrantable use of the way. fusion can be avoided by always relating the decision
Usually, a nuisance in a public way is the result of an to the issue being considered by the court.
unlawful use of the way. A nuisance per se is a nuisance
A public nuisance affects an indefinite number of per-
at all times and under all circumstances, regardless of
sons, or all the residents of a particular locality, or all
location or surroundings. A nuisance per se is always an
unlawful nuisance. people coming within the extent of its range. However,
the extent of annoyance or damage inflicted on individ-
ORS Chapter 221 contains the statutory laws govern- uals may be unequal. There is a rule regarding public
ing the organization and government of cities. Nui- nuisance that may be confusing to students of the law of
sance, as defined in ORS 221.915, is: dedication. As explained in Barrier v. Troutman:382
Every act or thing done, or anything existing within The rule is established that for a public nuisance,
the limits of any city referred to in ORS 221.906, which where rights and privileges common to the public
is or may be declared by any law of this state or by or to all the people of the community are injuri-
any ordinance of such city to be a nuisance, hereby is ously interfered with, no action lies in favor of an
declared to be a nuisance, and shall be considered and individual in the absence of a showing of unusual
treated as such in all actions, suits and proceedings and special damage, differing from that suffered
whatsoever, unless such law or ordinance is declared by the general public.
void by a court of competent jurisdiction.
For example, the unlawful barricading of a public
Nuisance law and litigation provide insight into the way may deprive the public of its free and unob-
effect of dedication. They show the complexity of the structed use of the public way. It may also deprive
law of dedication and provide a realistic picture of an owner of a lot purchased in the same subdivision
the rights of abutters and the public. Those are in as the barricade (but located several blocks from the
contradistinction to the rather rigid restrictions and obstruction) from the free and unobstructed use of a
restraints implied by certain principles of law already public way dedicated on the subdivision plat. That
discussed in this chapter. The danger of omitting any owner does not have standing to maintain a suit to
discussion on nuisance is that without at least a brief restrain the nuisance or to collect damages because
exposure to the subject, you will most certainly adopt the owner has not sustained any injury differing in
an unrealistic concept of the law of dedication. kind from that suffered by the general public.
This section of the publication should be beneficial to True, the barricade may be unlawful, but the ownership
assessors and appraisers because nuisance in public of the real estate is not, in itself, a qualification to speak
ways can affect the market value of real property.381 The on behalf of the public. It is not difficult to envision the
decisions of the Oregon Supreme Court indicate that practicality of the rule issued in Barrier. Imagine the
it is doubtful that an individual can restrain a public effect of allowing every member of the community to
nuisance or sue for damages unless the nuisance has sue for every public nuisance, or for what each person
worked a proximate, immediate and substantial injury conceives to be a public nuisance. This is not to suggest
to the value of that persons abutting real estate. that an unlawful barricade of a public way should be
But be advised, regardless of the information provid- allowed to remain. To the contrary, the way is public;
ed here, do not, under any pressure, circumstance, or con- either the state or its authorized agent or official respon-
ditions, use this information to advise any taxpayer that a sible for the way should maintain an action to remove
use, obstruction, barricade, etc., constitutes an unlawful the barricade in behalf of the people of the state and the
act, public nuisance or private nuisance. In all likelihood, county or the community.
your advice will be a disservice to the taxpayer and
Presumably the owner could sue to restrain the bar-
the community.
rier on the basis that it constitutes an unlawful taking
Any nuisance in a public way is a public nuisance, of private property. After all, the state Supreme Court
but some may not be a nuisance per se. They may be has held that: (1) every purchaser of a lot or block in
only technically a public nuisance, but physically a a townsite or subdivision is entitled to the free and
private nuisance. The words public and private unobstructed use of every public way represented on
have nothing to do with who effects the nuisance; it the townsite or subdivision map, plan, plat or survey,
denotes who is affected. A public nuisance or private (2) that right is part of the consideration passing to the
15-48
purchaser, (3) that right is property within the meaning certain acts which the plaintiffs alleged constituted a
of the constitutional prohibition against any unlawful public nuisance.
taking of private property. Such a suit might be success-
For three years, the automobile company used John-
ful, but not because it was a public nuisance.
son Street to fix and store automobiles, day and night,
A public nuisance can inflict a special injury to the real and to inspect and test automobile engines. The com-
estate of a private individual that differs in kind from plaint alleged that the auto company used the street
that sustained by the general public. When such an inju- to store old, used cars. The complaint said that use
ry is proven in court, it is classified as a private nuisance, by the company caused outside people to believe
but would actually be a mixed nuisance because it is also the residents along Johnson Street had no objection
a public nuisance. A private nuisance is defined as: to that use of the street in front of their homes. Con-
sequently, people doing business with the auto com-
Any wrongful act which destroys or deteriorates
pany parked their cars in front of the residences for
the property of an individual or of a few persons
long periods of time. The complaint averred that:
or interferes with their lawful use or enjoyment
thereof, or any act which unlawfully hinders them as a result, Johnson Street took up a shabby, ne-
in the enjoyment of a common or public right and glected appearance;
causes them a special injury differing from that the defendants acts caused pools of oil to be left in
sustained by the general public.383 the street;
In Stoddard v. Snodgrass,384 the court said: oil was tracked into the homes of the plaintiffs;
gases were often created by the testing and running
No action will lie for a nuisance in respect of dam- of motors;
age which, even though substantial, is due solely the gases or fumes were strong enough to be offen-
to the fact that the plaintiff is abnormally sensitive sive;
to deleterious influences (influences having an
and, in the repair of automobiles in the street, loud
obscure or unexpected harmful effect), or uses his
noises were created.
land for some purpose which requires exceptional
freedom from any such influences. The plaintiffs alleged that Johnson Street was a
residential street, and that the residents spent time and
If the use of a public way is lawful, then it must be
money to adorn their property with shade trees so
unreasonable and must cause material damage to the
their properties would be more attractive. The plain-
abutting property to be a private nuisance. The lawful
tiffs also alleged that:
use of a public way for travel, even though viewed by
certain abutters as excessive, has been held to be one the defendants acts interfered with the plaintiffs free
of the tradeoffs that an urban dweller must tolerate for access to their properties;
the benefits of living in a city. The urbanite accepts these the defendants acts detracted from the attractive-
benefits in exchange for the quiet and solitude enjoyed ness of their homes and from the home atmo-
by rural residents. The barricading or partial obstruc- sphere;
tion of neighborhood streets for a few private residents the defendants acts interfered with the plaintiffs
at the expense of the general public would be unlawful view;
and would be a public nuisance. This is so, even though the market value of their properties had been diminished
the obstruction may not be a private nuisance where the by 25 percent;
owners of abutting property did not object. and the desirability of their properties for residen-
The official governing body has the responsibility for tial purposes had been lessened 50 percent.
preventing any hindrance to the free and unobstruct- Those allegations were denied. The defendant
ed use of every public way in its jurisdiction. Where claimed that:
a municipality or county fails to act in such cases, the
state could maintain an action on behalf of its citizens Johnson Street was devoted almost entirely to busi-
to force the removal of all obstructions so the public ness;
could use the way for travel from place to place. the ordinances of the City of Pendleton permitted
unlimited parking along Johnson Street;
Take note, although every owner of real estate that for more than 30 years, the presence of a fire station,
abuts a public way has special rights referred to as church and small mercantile establishments along
abutters rights, the use of the word abutter in nui- Johnson Street had caused much of the parking
sance litigation usually denotes the owner of real es- along the street;
tate at or very near the location of the nuisance.
at the time there were several automobile establish-
Lowell et al v. Pendleton Auto Co.385 was a suit for an ments along Johnson Street in the immediate vicin-
injunction to restrain the defendant from committing ity of the plaintiffs property;
15-49
and whatever parking occurred there was due to the use and advantage of a public levee in front of and in
natural conditions produced by the general use of the vicinity of his block, the exclusive occupation of
automobiles and not by any of the defendants acts. such levee by the erection of houses thereon would
be greatly prejudicial to his interests. The damages
The lower court found in favor of the plaintiffs. It
found the plaintiffs had suffered special damages to the property for purposes of trade and commerce,
and injury, in addition to and different in kind from to which it is adapted by its location, can hardly be
that experienced by the public, from the negative re- estimated. So long as the nuisance continued, so long
sults claimed by the plaintiffs. would the business facilities of such property be ob-
structed or destroyed. There is no adequate remedy
The Supreme Court believed that a preponderance of at law. Suit after suit would have to be brought by the
evidence supported the findings of the lower court. plaintiff, as the demises are forever accruing, and he
Regarding certain allegations by the auto company, would be compelled at least to submit to the wrong,
Mr. Justice Rossman said: or to what was less desirable, the burden of intermi-
nable litigation.
From the evidence, we understand that Johnson
Street is the only street to which the property of the One of our later decisions recognized that the
plaintiffs have access; their properties are almost very nature of the situation of the abutter may
in the center of the block; all of the acts of which cause him to suffer peculiar and special damages
they make complaint occurred in Johnson Street whenever a nuisance occurs in the street. Thus in
immediately in the vicinity of their homes, while Bernard v. Willamette Box & Lumber Co.,389 we held:
many of the acts of which they make complaint oc-
The owner of a town lot suffers peculiar and spe-
curred upon property, the fee of which is vested in the
cial damages, differing in kind from that to which
plaintiffs subject only to an easement of the public for
the public is subjected by the obstruction of a part
travel purposes. The owner of the abutting property,
of the public street immediately in front of his
in one respect, at least, sustains to the street a posi-
tion different from that of anyone else; this particu- premises, whereby ingress and egress to and from
lar position has been well stated by a writer: such abutting property is prevented, and such
owner may maintain a suit in equity to prevent or
For instance, the owner of the soil of the way has remove the common nuisance.
right to all above and under the ground, except only
the right of passage for the king and his people.386 To the same effect see Kurtz v. Southern Pacific
Co.,390 wherein we said:
The rights of one who is not an abutter are much
more limited than those of the abutter or sover- The plaintiff being the owner in fee, subject to
eign; the latter may take the rocks and soil from the public easement of that part of Trade Street
the roadway and use them for repair, purposes, north of the middle line thereof in front of and
but one who is neither an abutter nor the sovereign abutting upon his real estate, the excavation in the
may commit no such act. The rights of the owner highway near the sidewalk on the south side of
of property abutting upon a street have been stated the premises, for the purpose of building the spur
in the following language: switch, evidences a taking of his property without
just compensation...
(1) the right of access, often referred to as that of
ingress and egress; (2) the right of light and air; (3) A writer expresses the rule of the law applicable
the right of view; (4) the right to have the street kept in these words:
open and continued as a public street for the benefit of
the abutting property; and (5) as stated in recent New Principle 45
York decision, whatever adds to the value of the
street to the abutter.387 An abutting owner has two distinct kinds of rights in a
highway, a public right which he enjoys in common with
The abutters rights have been recognized and all other citizens, and certain private rights which arise
protected by this Court from the earliest of times. from his ownership of property contiguous to the high-
Thus, in Pettish v. Stephens,388 we held: way, and which are not common to the public generally;
Defendants say further, that the decree ought not and this regardless of whether the fee of the highway is
to stand, because an individual cannot interpose by in him or not. These rights are property of which he (or
injunction to prevent a public nuisance. The bill al- she) may not be deprived without (that persons) con-
leges that if the defendants proceed with their build- sent, except upon full compensation and due process of
ings, the injury to the plaintiff will be irreparable; law. 391 But these rights may not be deprived, under any
and certain it is, that if the plaintiff is entitled to the condition, for a private purpose.
15-50
Luhrs v. Sturtevant392 and Von Buskirk v. Bond393 do not tween three and four feet beyond the line of the
contain anything to the contrary... street, was held a public nuisance.400
(4) Flower stands used in the public streets for the
Principle 46
sale of flowers have been dealt with likewise.401
For there to be a nuisance, The obstruction to access (5) While even corner loungers in the public street
need not be continuous and complete; it is sufficient if have been held to constitute a nuisance.402
the hindrance is only occasional and extended for a few
hours at a time.394 (6) A peddlers stand which interferes unreason-
ably with the right of travel in the streets has been
held to constitute a nuisance in a suit wherein a
Principle 47 taxpayer was the plaintiff.403
The rights of the abutter of property on a street concern (7) A public scale put in the street pursuant to mu-
themselves not only with the property immediately nicipal authority has been dealt with likewise.404
in front of his lot, but extend to a sufficient area near
by to make available to him the full enjoyment of the The entire situation resolves itself down to the well-
street.395 established principle of law that the streets and the
highways are for the purpose of travel, and one cannot
The court, in Lowell et al, held that the plaintiffs suf- eke out the inconvenience of his own premises by taking
fered injuries sufficiently peculiar and special to en- in the public highway.405
able them to present this case. It also held: In Lowell et al, the court said the plaintiffs may maintain
the suit unless the city ordinances permitting the parking on
Principle 48 Johnson Street had legalized the defendants acts, or un-
less the plaintiffs were guilty of laches. It must be presumed
The mere fact that the articles deposited in the roadway
that this was based on the plaintiffs charge that the auto
by the defendant were on wheels (automobiles), and
generally used for the purposes of travel, entitle them to companys acts were a public nuisance rather than a private
no greater rights than those of another individual who nuisance. If, as the courts have consistently held, the abut-
deposits in the roadway, other kinds of articles not com- ting owner enjoys certain private rights which arise from the
monly used for travel purposes. From the earliest of times ownership of property contiguous to the highway (Principle
the courts have declared that the streets and highways 45), and if those rights are property protected from any
are for the purpose of travel.396 unlawful taking by the Constitution, then neither the leg-
islature nor the city could legalize this kind of private
In Pugh v. Crawford,397 it was said, No one can make a nuisance for any private purpose, i.e.:
private garage of the public street. The court, in Low- Acts which at common law are nuisances may
ell et al, listed the following as constituting nuisances. be legalized by statute, if such legislation does
Regardless of whether they are on the street or are not amount to a taking or damaging of property
on the sidewalk, if they are within the boundary of forbidden by constitutional provisions. The effect
the public way, they are nuisances. Where the com- of such statutes is to take away the wrongful char-
munity has allowed such nuisances, they might not acter of the acts legalized; they are no longer torts,
qualify as public nuisances, but where a private abut- and hence, the remedy by injunction against them,
ting owners rights are interfered with or hindered of course, ceased.406
they will qualify as private nuisances, i.e.:
But we do not believe that the parking ordinances
(1) A lunch wagon in the street obstructed the in- of Pendleton were intended to convert the streets
gress and egress to the plaintiffs property; the court into repair shops and storage spaces, disregardful
held the plaintiff was entitled to injunctive relief.398 of the protests of the abutter.
(2) In Reed v. City of Seattle,399 the complaint
alleged that the city started construction of a Principle 49
gasoline filling station in the street adjacent to the
A parking ordinance is nothing more than a police regu-
plaintiffs property. The lower Court sustained the
lation which settles the matter only between the owner
defendants (city) demurrer. The Supreme Court
of the automobile and the city.407
held this to be an error, because the abutting property
owner is entitled to insist that the street remain open for
It is well established that while additional uses
the purpose of travel.
may be imposed upon a street no submersive of or
(3) A bay window in the second story of a house, impairing the original street, such as subjecting a
sixteen feet above the sidewalk, projecting be- street to new modes of travel, or laying down gas
15-51
or water mains; yet the rights of the public to use it od, the city or mass transit district shall be liable for and
as a street and of the adjacent owner to enjoy it as shall pay the difference between the fair market value of the
a means of ingress to and egress from his property property prior to the restriction and the fair market value
cannot be materially impaired. The city has the right of the property subsequent to the restriction, taking into
to regulate traffic, but it has no power to appropriate the account any special benefits to the property resulting
easement of the street to the private business of some in- from improvements made by the city or mass transit
dividual. The ineffectiveness of franchises, licenses district in connection with the restriction. The fact
and various privileges granted by city ordinances that other access to the property from a public way is
to deprive one of a property right is illustrated in available shall relieve the city or mass transit district
the following cases...408 from liability if the other access is reasonably equal to
the access prohibited or materially restricted. (Effec-
The court concluded that the defendant auto com- tive Sept. 27, 1987.)
panys acts in Johnson Street constituted a public
nuisance. One automobile parked in a street may ORS 105.860. Any person having any right, title
not constitute a nuisance.409 But a constant repetition or interest in any such abutting real property has a
of parking many cars in a street, and a constant use cause of action against the city to enforce payment of
of the street for such purposes, as found in this case, the compensation. Any such action may commenced
do constitute a nuisance. Such acts fall within the and maintained in the circuit court for the county
classification of repeated and continued conduct, the in which the real property is situated. Any party to
damages arising from which can be estimated only any such action has the right to appeal from the final
by conjecture and not by any accurate standard: it is judgement of the circuit court as in other actions. A
this situation which gives equity its jurisdiction to person having or claiming any right, title or interest
abate the nuisance. in such real property may join as party plaintiff and
may intervene in any action involving the real prop-
Principle 50 erty in which the interest is claimed. (Effective Sept.
27, 1987.)
An abutter cannot object to any use of the street which
ORS 105.865 provides for apportioning compensa-
is incident to public travel, unless such use interferes
tion by the circuit court among property owners, and
with the rights which that person possesses as an abut-
describes when city liability terminates.
ting owner.
ORS 105.870. Any cause of action granted by ORS
Consequently, the court made it clear that the de- 105.850 to 105.870 is barred unless such action is com-
fendant auto company still had a right to park on menced within 60 days after the date upon which the
Johnson Street, as in all other parts of Pendleton, change of use becomes effective and use of the streets
whenever this privilege is exercised by it as incident is prohibited or restricted. (Effective Sept. 27, 1987.)
to travel and not in violation of city ordinances and
ORS 105.850 to 105.870 was enacted by the 1973 Leg-
state laws.410
islature (ch. 702).
Action For Reduced Commercial Road HazardsCounty Roads

Property Value Resulting From
ORS 368.251. No person shall stop, obstruct or in
Street Use Restriction any other manner impair or damage any drain, ditch
Oregon Law provides that a city or mass transit dis- or other man-made or natural water way that:
trict shall be liable for restricting use of traffic lanes, (1) Prevents water from causing damage to, flow-
adjacent to sidewalks abutting commercial property, ing across or standing on a public road under county
for more than six hours in any 24-hour period. Com- jurisdiction; or
mercial property is defined in ORS 105.850.
(2) Benefits a public road under county jurisdiction.
ORS 105.855. Whenever after January 1, 1973, a city (1981 ch. 153 subsec 26.) Statute as of Sept. 27, 1987.
or mass transit district, whether or not acting pursu-
ORS 368.256. (1) Except as authorized by the county
ant to its police powers or condemnation authority,
governing body, an owner or lawful occupant of land
restricts use of the street traffic lane immediately ad-
shall not allow:
jacent to a sidewalk abutting commercial property
to public conveyances and the existing access to that (a) Any water to overflow, seep or otherwise dis-
property by the general public by means of private charge from that land onto a public road under coun-
conveyances is thereby prohibited or materially re- ty jurisdiction including, but not limited to, water
stricted for more than six hours in any 24-hour peri- that is passing over the land, diverted from the land
15-52
by an obstruction on the land, flowing from the land the vacation statutes. However, they do include the
because of rainfall or discharged from an irrigation provisions for authorizing the use of the highways
sprinkler or other device. by port and dock commissions, common carriers,
railroad and terminal companies, i.e.:
(b) Any structure, tree, drainage way, soil deposit or
other natural or man-made thing on that land to pres- ORS 271.180. To the end that adequate facilities
ent a danger to or create a hazard for the public trav- for terminal trackage, structures and the instrumen-
eling on a public road or facilities within the right of talities of commerce and transportation may be pro-
way of the public road by obstructing, hanging over vided in cities and towns located within or forming
or otherwise encroaching or threatening to encroach a part of any port district organized as a municipal
in any manner on a public road that is under county corporation in this state, the governing bodies of such
jurisdiction. cities and towns, upon the petition of any such port,
or corporation empowered to own or operate a rail-
(2) A person is not in violation of this section if there road, steamship or other transportation terminal, or
is no reasonable method for the person to control, railroad company entering or operating within such
stop or remove the cause of the violation. (1981 ch. city or town, or owner of property abutting any such
153 subsec 27) as in effect on Sept. 27, 1987. terminal, may:
ORS 368.261 authorizes a county road official to or- (1) Authorize any port commission, clock commis-
der a person in violation of ORS 368.256 to correct the sion, common carrier, railroad company or terminal
problem. It specifies the requirements of the order is- company to occupy, by any structure, trackage or ma-
sued under ORS 368.261, and requires a hearing if the chinery facilitating or necessary to travel, transportation
problem is not abated. or distribution, any street or public property, or parts
ORS 368.266 describes the requirements of a hearing thereof, within such city or town upon such reasonable
under ORS 368.261. terms and conditions as the city or town may impose.
ORS 368.27.1 lists the factors that would allow a Subsections 2 and 3 contain the vacation provisions.
county road official to abate a road hazard. It exempts They, and the acts governing consent of owners, ap-
counties and their officers from liability for any rea- proval, petitions, notice, hearings and grant of peti-
sonable act performed under ORS 368.271, including tions are provided in the subsection of this publica-
trespass or conversion of personal property. This section, on Vacation Statutes.
tion also requires a report for any acts taken under
this law. Street Obstructions and Barriers
ORS 368.276 tends to the hearing, notice, costs and
damages effected when a county abates a road haz-
Principle 51
ard. The fundamental idea of a street is not only that it is
ORS 368.281 allows for reimbursement of costs for public, but public for all purposes of free and unob-
road hazard abatement. structed passage, which is its first and primary, but by no
means sole use.411 But recent decisions of the court have
Provisions for Occupying a Street to recognized certain obstructions of streets as lawful when
they are for public safety and convenience.
Facilitate Travel, Transportation or
Distribution by Port Commission, Dock This discussion will speak of street obstructions and
barriers as: (1) nuisances (in some cases), (2) lawful
Commission, Common Carrier, etc. (when done only in those situations provided for by
Anyone who has traveled the streets and other public statute), and (3) unlawful (when the act has not been
ways in Oregon will have been exposed to railroad authorized by the legislature). The lesson here is that
tracks, loading docks, machinery and other structures the authority to barricade or obstruct a public way, by
any governmental body, must come from the legisla-
used for transportation, commerce, shipping and the
ture. Moreover, the legislative authorization must be
like, located within the right of way of certain streets,
either by expressed wording in the law or by neces-
alleys and roads. Many of these uses are, in a literal
sary implication that gives effect to the obvious and
sense, nuisances, and a few could legally constitute
plain intention of the legislature.
public, private or mixed nuisances. But the majority
of the structures, trackage and machinery are law- In the case of Sandstrom v. Oregon- Washington Ry.
fully occupying the public highways as provided & Nav. Co.,412 the plaintiff claimed a direct physi-
for in ORS Chapter 271 on the Use of Public Lands cal injury to his real estate by a . . . very deep and
and Easements. ORS 271.180 to 271.210 are part of impassable excavation across Newark Street in the
15-53
City of Portland, and by . . . smoke and cinders is- by the municipal legislation mentioned; but as he
suing from a tunnel. The steam railroad was built passed along the street with other members of the general
after the plat was recorded and after the plaintiff had public, he had a privilege which no other person possessed,
purchased his land with reference to a regularly to wit, that of entering upon his close from that street, and
dedicated plat showing the streets mentioned to be prior to the construction of the road, in the exercise of his
public highways. prerogative, he could approach his premises from the east
as well as from the west. The defendant is in the posi-
The railway and navigation company based its ac-
tion of saying to him in substance:
tions on permission granted its predecessors by the
city and Multnomah County to construct the railway Although you had the right, before we came
along Dana Street. The company was to make the upon the ground, to go to your residence both
excavation under certain prescribed conditions, one from the east and from the west and from the west
of which was: along Newark Street, yet in our judgement it is
enough for you if you can reach it from the west,
When the City of Portland shall determine to im-
and we will therefore appropriate your eastern ap-
prove Newark Street, the railway company would
proach for ourselves.
build, across the excavation, a viaduct of steel and
concrete construction the full width of the street, ac- This is a palpable invasion of the plaintiffs right of
cording to the direction of the city authorities. access to and egress from his premises. If it is sound
in principle to allow this without compensation
The court held:
in damages, the company could as well take from
It was established, as stated .... that the public au- him both approaches...
thorities had given permission for the construction
of the railway. The effect of this is thus stated in Principle 53
Lewis on Eminent Domain.413
The great weight of authority indicates that, where a
Principle 52 street upon which the plaintiffs property abuts is so
obstructed that it has been transformed from a through
Authority to occupy a street, whether obtained directly street into a cul-de-sac, that person is entitled to dam-
from the legislature or from a municipality, only protects ages. So, although a person may use the passage in one
the company to the extent of the public right or ease- direction as before, yet is deprived of the same privilege
ment in the street, and leaves the company to deal with in the other direction, that person can recover for the
private rights414... same at law. However, such an obstruction at a limited
access highway is now permissible.415
In other words, the sanction of local authorities
exonerates the company from the charge of main- We cannot establish any hard-and-fast rule de-
taining a public nuisance, but does not affect the claring how far along a street shall be extended
damages to be assessed for the invasion of private an abutters right to sue for damages to his close,
rights. resulting from the obstructions not immediately
in front of his holding. Lewis on Eminent Domain
The defendant contended that the plaintiff suffered
says:
no damage or injury that was not experienced by
the public at large because the excavation was not This right extends at least to the next intersecting
immediately in front of the plaintiffs premises (but street. Consequently, if the street upon which the
was 16 feet east of his northeast corner). However, plaintiff abuts is wrongfully closed or obstructed
although the general public may experience incon- in either direction at a point between the plaintiffs
venience from the sequestration of a public street property and the next intersecting street, this right
by a railroad company, yet if an individual from the is violated and an action accrues.416
identical act undergoes a damage or injury peculiar
What seems to be a sounder expression is found
to himself, he may recover for the same.
in Robbins v. Scranton:417
Having purchased the property with reference to the
The problem before the jury was to determine
dedicated streets appearing on the plat, the plaintiff was
whether the effect of the improvements as a whole
entitled to the use of those highways as an appurtenance
had been to work any proximate, immediate, and
to his premises. In common with the general public
substantial injury to the value of the real estate.
residing in other parts of the city or state, he had
a right to travel along Newark Street without let Note: The fact that the excavation for the railroad was
or hindrance. For the invasion of the mere right to across a nonimproved street, was of no significance
travel, as thus far stated, he is barred from recovery to the court: Much was pressed upon our attention
15-54
about Newark Street being unimproved beyond cut- mitted in overruling the demurrer (Section 399,
ting out the brush several years ago, but that cannot L.O.L.). The statute declares that in all cases where
effect the principle, or take the case from the jury. there is not a plain, adequate, and complete rem-
edy at law, the protection of a private right or the
It is a citys responsibility, as a guardian of the public
prevention of or redress for an injury thereto shall
highways, to remove unlawful barricades of public
be by a suit in equity (Section 2210, L.O.L.). The
ways. In the Sandstrom case, the city authorized
obstruction of a highway is a crime, and upon convic-
the excavation with the condition that the railroad
tion thereof a sentence of imprisonment or a fine may
company build a viaduct across the full width of
be imposed. The remedy thus prescribed may prove
the street. It was, therefore, the citys responsibility
inadequate where the barrier is allowed to remain
to force the railroad company to comply with those
notwithstanding a judgement formerly pro-
conditions. Where a city fails to remove any unlaw-
nounced by the court upon a defendant after his
ful barricade of a street, it is the responsibility of the
conviction in a criminal action for violation of that
state to maintain an action, in behalf of the people of
statute. If a partys need temporarily to impede
the state and the community, to remove the barricade.
travel on a public road seemed to him to outweigh
Thus, in Sandstrom, this litigation could have been
the punishment reasonably to be apprehended for
prevented if the city or the state would have fulfilled
a commission of the offense, the hindrance might
their responsibilities. The following discussion will
possibly be continued until the apparent exigency
shed some light on this problem.
ceased. The means thus given by the statute to pre-
vent the violation of a right is not an adequate rem-
Bernard v. Willamette Box edy at law precluding equitable intervention by in-
& Lumber Company418 junction to restrain the perpetration of a common
nuisance.420 Any person whose property is affected
This case provides some insight into the legal rem- by a private nuisance may maintain an action at
edies for the abatement of public nuisances, or for law against the person causing the annoyance to
damages from irreparable injury to abutting real recover the damage inflicted, and, if a judgement
estate. therefor be given and an execution issued thereon,
This suit by Charles Bernard against the Willamette a warrant may also be obtained to abate the nui-
Box & Lumber Company was to prevent and remove sance.421 It has also been intimated that the right
an alleged public nuisance and to recover damages to recover damages for a public nuisance is also
asserted to have been caused by the nuisance. predicated on that statute.422 A text-writer, in dis-
cussing the subject under consideration, says:
Bernard secured legal title to lots 3 and 4, in block
26, as indicated on the recorded plat of the Town Except in those states where special provision is
made therefor by statute, no power exists in a court
of Linnton, Oregon. His lots abutted upon F Street,
of law in an ordinary action upon the case for dam-
which was a 60-foot public way. After Bernard ob-
ages to direct the abatement of the nuisance, after
tained title to his lots, the lumber company built an
a verdict establishing it.... It is proper to say, how-
elevated railroad along F Street in front of and adja-
ever, that courts hesitate to employ these statutory
cent to Bernards property. The company also piled
remedies, and do not generally encourage them;
lumber in the street, obstructing travel and prevent-
and parties in a proper case will find far more easy
ing ingress to and egress from Bernards land. The
redress for their grievances from nuisance in a
obstructions effected a $1,000 loss in the value of his
court of equity than in a court of law.423
property.
Any act of a party that trenches upon the rights of
A demurrer419 to the complaint, on the ground inter
the public may be redressed by a suit in equity in-
alia (meaning, among other things) that Bernard
stituted by or in the name of the State as an exercise
had an adequate remedy at law, was overruled. The
of its police power to prevent or remove a common
defendants answer was filed denying the material
nuisance. The power thus vested in a state to enact
allegations of the complaint and setting forth allega-
laws that are deemed to be for the general good
tions as a defense.
and welfare of its citizens, and are not inconsistent
Bernard won the dispute in the lower court, but was with or repugnant to its constitution, may be del-
awarded only $200 damages. egated to and exercised by a municipal corpora-
tion, as expressly specified or necessarily implied
As to the demurrer, the courts opinion was:
in a city charter, which instrument emanating
It is maintained that for the redress of the injuries from the sovereign in the nature of a grant is the
alleged the plaintiff had an adequate remedy at measure of the authority bestowed.424 The right of
law, and, such being the case, an error was com- a state to protect and preserve its supreme political
15-55
authority when it is abridged by the creation of a property. Bernard notified the company in writing
public nuisance is not dependent upon the statute that he was the owner of lots 3 and 4, block 26, and
to which reference has been made, nor does the requested that it remove the roadway. However, no
remedy prescribed by the enactment necessarily attention was paid to the demand.
govern the procedure to be involved. If resort can-
Testimony also confirmed that the company had al-
not be had to the decrees of courts recognizing, af-
lowed piles of lumber to remain in F Street. This ob-
firming, and enforcing principles of law relating to
structed the highway, except for a narrow passage for
the government and security of persons and prop-
people. F Street had not been improved, but it would
erty, and the word private as used in Section 341,
have been useless to do so because the elevated rail-
L.O.L., is to receive strict construction, it might
way bed would have prevented access to the street.
seem to follow that for any act of a party constitut-
ing a public nuisance, no remedy exists. Bernard had intended to build tenement houses on
his lots, but because of the elevated railway, he de-
A nuisance, however, may be at the same time cided not to make such improvements.
both public and private. The public wrong is re-
dressed by an indictment, and the private injury by After this suit was commenced, but before the de-
an action at law or a suit in equity.425 The equitable cree was rendered, the defendant removed the in-
maxim that wherever there is a right there is also a clined driveway from in front of the plaintiffs lots.
remedy justifies the assertion that a suit in equity In Van Buskirk v. Bond429 it was ruled that a fence
can be maintained, independent of the statute, to built across a public road was a nuisance only
abate a public nuisance. As a disavowal of this when it was admitted by the pleadings or it
proposition would amount to a renunciation of satisfactorily appeared from the uncontradicted
sovereignty, it results that a state, or its creature, a testimony that the barrier obstructed a highway.
municipal corporation when so authorized by its The word uncontradicted, as thus employed,
charter, as an exercise of its inherent police power, was evidently used without the exercise of the
can maintain a suit in equity to obviate or suppress degree of care which the importance of the case
a public nuisance. demanded, as is clearly disclosed by the opinion
It will therefore be taken for granted that the prop- in another case.430
er officers of Linnton were authorized to maintain The denial in an answer of the existence of a pub-
a suit, and by a mandatory injunction could have lic highway, alleged in a complaint to have been
caused to be removed an obstruction from a public obstructed, ought not to defeat equitable interven-
street in that village, and what the persons charged tion to remove the barrier at the suit of a private
with the right and duty of exercising certain func- party who has sustained special damages differing
tions were empowered to perform a private party in kind from that suffered by the community at
who sustained a special injury, differing in kind large by the erection or maintenance of a common
from that suffered by the community at large from nuisance. A different rule would almost place such
a public nuisance, may also do.426 cases beyond the pale of chancery jurisdiction, for
The owner of a town lot suffers peculiar and special it is safe to predict that if the contrary doctrine
damages, differing in kind from that to which the public were to prevail, it would reasonably be expected
is subjected by the obstruction of a part of a public street that a defendant who was charged in a complaint
in front of his or her premises, whereby ingress and with having obstructed a public road or street
egress to and from such abutting property is prevented, would deny in his answer the existence of the
and such owner may maintain a suit in equity to highway. A plea to the merits on this subject ought
prevent or remove the common nuisance.427 The com- to be heard and determined as any other disputed
plaint herein states facts sufficient to constitute a fact in a civil case, and from a preponderance of
cause of suit, and no error was committed in over- the evidence the question of equitable jurisdiction
ruling the demurrer.428 should be ascertained.431
The Willamette Box & Lumber Company railway The answer herein denied the averment of the
crossed F Street about eight feet above the surface of complaint that F Street was a public highway. In
the ground immediately east of the embankment. In order to substantiate the affirmative of this issue,
addition to the elevated railroad bed, the company there was received in evidence at the trial the re-
had built an inclined roadway bordering on Bernards corded plat of the Town of Linnton, and what pur-
lots. At the southwest corner of his premises, it was ports to be a copy thereof has been substituted and
elevated nearly 12 feet. At the southeast corner it was sent up with the record. F Street is represented on
about three feet, so that the obstruction prevented such assumed duplicate as a public highway. Such
ingress and egress to and from the south side of his counterpart, however, does not contain any dedica-
15-56
tion of the streets, but, since the law requires the the laws,438 including protection from any unlawful
plat of a town to be duly acknowledged and record- taking of private property. And, whatever the legisla-
ed and prescribes a penalty for a failure to comply ture cannot do directly, it cannot authorize any of its
therewith,432 it will be presumed, in absence of any instrumentalities to do.439
objection to the admission of evidence on that ac-
In the absence of legislative authorization, either ex-
count, that the law has been obeyed433 and that the
press or by necessary implication, the general rule is
original recorded plat was properly executed, and,
that neither the state, a city, a county nor a quasigov-
this being so, F Street is a public highway.434
ernmental body can barricade a public way.
In suits by a private party to enjoin a public nui-
In Cabell et al v. Cottage Grove et al,440 the Oregon
sance, it is generally held that he or she must not
Highway Commission claimed its authority to regu-
only suffer an injury differing in kind from that
late traffic implied an authority to barricade city
sustained by the community at large, but his or her
streets intersecting Highway 99. But the court was of
detriment must also be irreparable, or, at least, not ca-
pable of full and complete compensation in damages.435 the opinion that the commission presumed too much
In referring to this legal principle the author (El- from the statute that gave it power to regulate traffic.
liott) there observes: It explained:
This is no doubt a fair statement of the general We ought never to import into a statute, words
rule, but the phrase irreparable injury is apt to mis- which are not to be found there, unless from care-
lead. It does not necessarily mean as used in the ful consideration of the entire statute it be ascer-
law of injunctions, that the injury is beyond the tained that to import such words is necessary to
possibility of compensation in damages, nor that give effect to the obvious and plain meaning of the
it must be great. And the fact that no actual dam- Legislature.
ages can be proved, so that in action at law the In this case, the court explained that it was not at lib-
jury could award nominal damages only, often erty to give effect to any assumed or supposed inten-
furnishes the very best reason why a court of eq- tion or meaning in the legislation, unless the words
uity should interfere in cases where a nuisance is a to be imported in the statute are, in substance at least,
continuous one. contained in it.
The term irreparable damages, to prevent which Taking a different approach, the commission claimed
injunction may issue, includes wrongs of a repeated the city had authority to close its streets. It further
and continuing character, or which occasion damages claimed that this authority reverted to the Highway
that are estimable only by conjecture, and not by any Commission when the streets occupied by the high-
accurate standard. 436 way ceased to be city streets. The commission also
The court held: The plaintiffs right to egress and claimed that the city was estopped by its act of ap-
ingress to and from that street to his lots has been proving the plan for highway improvement because
clearly established, and as the invasion of that the plan called for the street barricading.
right, by the construction of the elevated roadway, Four of the six justices hearing this appeal held:
has also been substantiated, he is entitled to the
relief demanded in the complaint. This redress The jurisdiction of the State Highway Commis-
cannot be defeated by the defendants removal of sion over city streets which constitute a part of the
the obstruction after this suit was instituted, for state highway system does not include the authority
a court of equity, having obtained jurisdiction to to construct barricades at the edge of the highway at
grant injunctive relief, will retain the right to hear street intersections, so as to shut off access by vehicular
and determine the cause upon the question of traffic to the highway from the streets so intersected.
damages.437 (Note: Subsequent to that ruling, the legislature
made provision for the commission to barricade
Cabell et al v. Cottage Grove et al such streets, but certain owners affected by bar-
ricading must be compensated.)
In the following case of Cabell, it is important to keep
The court also held that a municipality had no power
the following in mind: Although the power over
to close an unvacated street unless such power had been
roads and streets resides in the legislature, insofar
delegated to it by the legislature.
as restricted by constitutional provisions, there is
a limitation on that power where a legislative act The municipal corporation of Cottage Grove
would impair or destroy private rights. That is, it is was created by legislative enactment. Under its
not in the power of the legislature to enact any statute charter the council is authorized and empowered
which would deny any citizen the equal protection of to lay out, establish, vacate (by statute), extend
15-57
and open streets and alleys in said city... (subsec or it may exercise the authority granted to it in the
1, ch. VI) and to remove and abate any nuisance, other statutes to which we have called attention.
obstruction, or encroachment upon the streets, al- But it has not been given the much greater power
leys, public grounds and highways, or any place to abolish, altogether, a portion of the traffic at an
within the limits of said city (Subd. 23, subsec 7, ch. intersection of a state highway with a city street.
IV). But neither in the charter nor in any statute to
...The highway code is drawn with meticulous care
which we have been referred, or of which we are
and with the evident purpose to define the powers
aware, is the power found to barricade a street and close
of the commission with precision and particularity;
it to the public travel. The city, of course, may vacate a
and when adopting it, the legislature must be pre-
street, but there has been no vacation.
sumed to have been aware of provisions found in
(Note: Limited power has been provided subsequent the statutes granting to the commission a measure
to this case, that is, a street or alley converted to a of authority to control traffic in order to promote the
pedestrian mall may be barricaded to vehicular safety of travelers on the state highways. It is not,
travel. Streets intersecting a public way specifically therefore, reasonable to suppose that if any further
designed as a throughway may be barricaded at the authority of that kind was intended to be bestowed,
intersection with the throughway. A review of the the lawmakers would have manifested that inten-
statutes providing this limited power makes it obvi- tion in express language and not have left it to be
ous that when the legislature means to delegate the inferred or implied from general words such as
authority to close unvacated streets, it does so with jurisdiction, control, administration, operation
explicit, express language. It will not provide such and maintenance. Not only do we think that this
authority by locating it in some obscure subsection is true, but we are also of the opinion that it is very
of the statutes. Nor will it depend on an inference or much to be doubted that the power claimed by the
implication from general wording such as jurisdiction, commission would have been conferred without
control, administration, operation or maintenance.)441 some definition of the circumstances and conditions
Although the court admitted that it would be which should attend its exercise, and in all probabil-
ity, without making provision for the compensation
desirable and in the public interest were the com- of property owners who might be specially injured
mission to be vested with the authority which it as a result of its exercise; for as we have seen, it is
claims... the court still has only the limited func- a great and extraordinary power, and one which might
tion of construing the statute, not of conferring readily be abused.
authority; we are dealing with a commission of
purely delegated powers, and, regardless of what Note: As already mentioned in this discussion, the
we might think the law should be, our sole duty is Department of Transportation now has the authority
to determine from an examination of the statute, to close certain streets intersecting highways--with
the extent of the powers which the legislature has the citys permission.443 The assumption by the court
vested in one of its own creatures. that authority by the legislature would be express--on
certain circumstances and conditions, and with com-
As was stated, the commission contends that the pensation to injured land owners--was accurate. ORS
disputed power is the power to control traffic, 373.050 and 373.060 make express provision, under
which it has seen fit to exercise in this instance, carefully defined circumstances and conditions, to
after determining that to permit the entry of traffic close certain streets and to compensate the land own-
to the new highway at the barricaded intersections ers injured by the closure. The legislative intent was
would create an unnecessary hazard. not left to be inferred or implied from general words.
After consideration of the statutes delegating certain This point should be of interest to any city that is
authority and responsibilities to the commission,442 closing streets under an assumption that its author-
the court said: ity is implied or inferred from legislative permission
to regulate traffic. As stated in the American Journal of
It is a reasonable, if not conclusive inference, Jurisprudence on Highways,444 grants of authority to
that the jurisdiction and control over city streets a municipality to declare the general policy in regard
vested in the commission was not intended by the to the control of streets are ordinarily strictly construed
legislature to embrace the power to impose traffic in the interest of the common right, i.e.:
regulations....The commission may, pursuant to
the express provisions of the statute, require ve- Principle 54
hicular traffic to come to a stop before entering a
main traveled or through highway; or it may regu- Subject to constitutional limitations upon the invasion
late the movement of vehicles at an intersection of of property rights, the legislature may authorize obstruc-
highways through the use of traffic control signals; tions in streets or other highways which would other-
15-58
wise be nuisances, and may temporarily withdraw any press terms, the means of controlling traffic and
highway from the general public use and devote it for minimizing the hazards at dangerous intersec-
the time being to a public use of a special character. As a tions; but it has not told the commission that it
rule, any obstruction or structure which is authorized by may abolish a part of such traffic.
a statute enacted within the scope of legislative power
Regarding the commissions contention that the citys
cannot be a nuisance, but statutes authorizing such
approval estopped it from disapproving the closures:
obstructions are strictly construed. Legislative power to
authorize obstructions may be delegated to municipal Where the City of Cottage Grove did not have
or quasimunicipal corporations. But in absence of such the authority to close any of its streets which had
legislative authorization, either express or by necessary not been vacated, it was equally beyond the citys
implication, or of a constitutional provision conferring authority to authorize the Oregon Highway Com-
(specific) homerule powers in this respect (containing mission to do so, and therefore the city was not
express authorization to barricade streets), the general estopped by its approval of the plan.
rule is that a municipality has no right to authorize any
Cabell was litigated in 1943. Since that time, there has
obstruction or encroachment which would interfere
been a dramatic increase in the kind, character, speed
with the enjoyment of the public right; and it is immate-
and volume of traffic moving over Oregons state
rial, so far as the rule is concerned, that the municipality
highways and certain other public ways. For example,
may be the owner of the fee; or that the use may be a
the Oregon Blue Book shows an increase of over one
public one445 . . . (Clarification supplied.)
million vehicle registrations between 1940 and 1970.
The increase in the volume and average speed of
Again, in discussing the power of a municipal cor-
traffic resulted in a serious increase in the injury and
poration to grant franchises, the American Journal of
death of people and the destruction and damage to
Jurisprudence said:
public and private property from highway accidents.
This prompted several legislative acts in the 1960s
Principle 55
designed to restrict the entry to certain highways,
In any event, municipal corporations have no power un- freeways and throughways. These acts provide lim-
der general provisions or other such grants of power, to ited authority to the Department of Transportation,
grant franchises which will result in destroying the use- cities and counties to barricade public ways at their
fulness of public property in their trust which is used for common intersection with the designated highways
public purposes and for public welfare or convenience. It and limited access freeways and throughways. It was
has been said in this connection, that in granting street not, however, a blanket approval to barricade just any
franchises a municipal corporation acts as a trustee for public street, alley or road.
the public.446 ORS Chapters 373 and 374 will show that the power
to interfere with private fights in property, and the
It is also well-settled that a grant of power to a city to publics rights to the use of its public ways, is neither
grant any privileges or rights in streets or other public implied nor hidden in some obscure section or chap-
grounds is to be strictly construed, and not enlarged by ter of the statutes.
construction; and if there is a fair or reasonable doubt as
to the existence of its power, it will be resolved against Before considering the statutory authorization to bar-
the municipality.447 ricade public ways, it is important to expand on one
point brought up in Cabell: Legislative approval can
Principle 56 also exist in the city charters approved by the legis-
lature, but such approval must be by express word-
The rules, advice and guidelines of Principles 45 and 46 ing or by necessary implication. As was explained in
apply equally to counties. Cabell, such power is not implied in the authorization
to regulate traffic or in provisions of the charter that
The court, in Cabell, added: gives a city power and control over its public ways.
It is, of course, to be assumed that it is the duty A charter448 is a citys organic law. It contains the
of the commission, in constructing and maintain- authority by virtue of which a municipality exists
ing highways, to have regard for the safety of the and acts. It is a contract between the state, through
traveling public. But that is a different thing from its legislative assembly, and the city. It defines the
implying an extraordinary power to shut off access rights, liberties or powers of each city. So, although
to a highway from established city streets, even the statutes may provide only limited authority to
though it be the judgement of the commission that close public ways, a city charter, as approved by the
the public safety would thereby be promoted.... legislature, may include authorization to close any, or
The legislature has given the commission, in ex- only certain, of the city highways.
15-59
Thus, in ORS 373.050, one part of the statute requires ORS 373.060 subsections (2), (3) and (4) contain the
a city to abide by its ordinances and charter provi- necessary provisions for giving injured parties their
sions pertaining to the closing of streets in the city day in court--rights of appeal. They also instruct on
(when permitting the Department of Transportation the apportionment of compensation, liability of the
to close certain streets intersecting highways). Of state and the statutory period for any cause of action
course, it must be understood that a city cannot enact to be allowed.
an ordinance to do something unless the statutes or
ORS Chapter 374 contains the Oregon throughway
the city charter provides such authority.
laws.
The closure of a public way, authorized in a charter,
ORS 374.060 gives the Department of Transporta-
has exactly the same effect as a closure provided by
tion, with approval of municipal authorities, and the
statutory authorization. The fact that the charter pro-
county court or board of county commissioners (with
vides for the closing of a street does not vindicate the
respect to county roads) the power to: (1) close any
city in a suit to collect damages for any injury to abut-
street, highway or road at or near the point of its in-
ting property that was effected by a street or alley clo-
tersection with a throughway....
sure. It must be recognized that when the legislature
authorizes the closing of public ways, it is removing Because such closure will be an additional servitude
the wrongful character (wrongful in its eyes) of the on certain abutting property, ORS 374.060 must be
closing. However, such authorization does not mean strictly construed. Thus, the throughway must be
the city is home free. The possibility remains that as defined by ORS 374.010, and not a throughway in
the closure could constitute a new servitude on, or ef- name only.
fect damages to, certain of the abutting real estate.449
Principle 57
The following are only brief explanations of statu-
tory provisions regarding street closures. Additional ORS 374.010 defines a throughway as used in ORS
information on highway, throughway, county road 374.005 to 374.095, to mean: ... a highway or street espe-
and city street laws will be included in the miscella- cially designed for through traffic, over, from or to which
neous section of this chapter. To our knowledge, ORS owners or occupants of abutting land or other persons
Chapters 373, 374 and 376 (Pedestrian Malls) contain have no easement of access or only limited easement of
the only statutory authority to close public ways to access, light, air or view, by reason of the fact that their
vehicle traffic. For up-to-date and precise details on property abuts upon the throughway or for any other
the laws, reference must be made to the official stat- reason.450
utes published by the Legislative Counsel Committee
of the Oregon Legislature. ORS 374.065 provides for the Department of Trans-
portation to make similar closures of county roads
Statutory Considerations intersecting throughways. This requires consent of
the county court or county board of commissioners.
ORS 373.050 allows the Department of Transporta-
tion to close city streets where they intersect a state To the best of our knowledge, ORS 374.070 contains
the only legislative authority for a city to close or
highway (as in Cabell). Such closures require a formal
barricade a public way street, alley, road, etc.; that is,
agreement with a city, set out in a resolution or or-
except for the closure of pedestrian malls to vehicle
dinance of the city, designating the particular streets
traffic, or to certain types of vehicle traffic (as pro-
by name and intersection. The city must comply with
vided for in ORS Chapter 376).
all city ordinances or charter provisions pertaining to
the closing of streets in the city (if such ordinances or ORS 374.070(3) reads: Nothing in this section prohib-
provisions exist). its the closing of any street at the point where it runs
into or intersects any throughway by the proper mu-
Subsection (3) of that statute requires an investigation
nicipal authorities in the manner provided by law.
and formal declaration, by resolution, that a specific
closure is really necessary for safety and an expedi- ORS 374.085, 374.090 and 374.095 tend to the prob-
tious and orderly movement of traffic, or both. lem of the severance of agricultural land and the
elimination or hampering of ingress to and egress
ORS 373.060 deals with the issue of injury to abut-
from agricultural land.
ting properties, effected by a closure, and provides
that: Any person having any right, title or interest in ORS 374.420 provides for county throughways; how-
any such real property has a cause of action against ever, nothing in ORS 374.420 to 374.430 authorizes a
the state to enforce payment of such compensation or county to barricade any public way intersecting such
damages. a throughway. Here is a situation where such authori-
15-60
zation might be necessarily implied by the definition adequate access to their property for the principal
of a county throughway, i.e. purpose for which the property is used. However,
ORS 105.855 to 105.870, already discussed in this
Principle 58 chapter of the manual, provides an abutting land-
owner of commercial property a remedy when ac-
A throughway as applied to ORS 374.420 to 374.430 cess is prohibited or materially restricted for more
is defined as ... a proposed or existing county road than six hours in any 24-hour period (enacted by
especially designed for through traffic, which has been the 1973 Legislature, ch. 702).
designated by resolution of the county court or board
of county commissioners as a throughway, over, from or Argo Investment v. Dept. of Transportation, supra, was
to which owners or occupants of abutting land or other before the Oregon Court of Appeals in 1984. Here the
persons have no easement of access or only limited ease- Argo Investment Corporation and Pioneer Trust Com-
ment of access, light, air or view, merely because of the pany (plaintiffs) brought inverse condemnation ac-
fact that their property abuts upon the throughway or tions against the City of Salem and the State of Oregon.
for any other reason. They alleged that their respective business properties
were diminished in value by the closing of Center Street
ORS 368.056 provides for permits for gate construction N.E. at Front Street in Salem and that the street closure
on public roads under county jurisdiction. (In effect on was a compensable taking of the plaintiffs properties.
Sept. 27, 1987.) Facts. The plaintiffs commercial property abuts
Center. Before Oct. 9, 1980, Center was a two-way
Police Power of Cities street with direct access between Center and Front.
As a result of the changes made to Center as part of
Principle 59 is a summation of the authority and
the Front Street Bypass Project (developed from the
responsibility of cities and counties as trustees and
Central Salem Development Program under a grant
guardians of the publics highways.
to the city from the United States Housing and Urban
Development Department), Center became a cul-de-
Principle 59
sac, that is, a dead-end, two-way street. Traffic access
The power to authorize obstructions in public ways can directly from Front onto Center was prevented. The
be delegated to cities and counties by the legislature. But access from the plaintiffs property onto Center or
in absence of a charter provision or statutory enactment Front had not been eliminated. But in order to drive
authorizing such an obstruction, a county or a city has from Front to Center in an automobile after the street
no right or authority to license or maintain an obstruc- closure, plaintiffs and their customers had to take a
tion or nuisance in a public way. The county or city is li- more circuitous route.
able the same as a private individual would be liable for The court said:
maintaining an obstruction or nuisance in a street, alley
or other public road. When a city or county is vested with Plaintiffs argue that the impairment of the traf-
the power to authorize, license or maintain obstructions, fic flow to their businesses constitutes a substan-
such power must be exercised for the good of the whole tial interference with the highest and best use of
community. Moreover, neither governmental body can their property and a compensable taking. We find
authorize obstructions in the public ways for just a few no merit in this claim. It is a reasonable exercise of
people, or for any private purpose.451 the Citys police power to change a public road to
provide for public safety or convenience (op. cit).
In Thornburg v. Port of Portland452 the court held: Evidence was presented that Center at Front was
closed to regulate traffic as part of the Front Street
If the governmental interference with the use and Bypass Project. Plaintiffs continue to have access to
enjoyment of the land is substantial enough to im- their property for the principal purpose for which it is
pose a servitude upon the land, such interference used. The fact that traffic has to use a more circu-
may constitute a taking. However, as evinced by itous route to obtain access to Center from Front
Argo Investment v. Dept. of Transportation;453 Boese may be inconvenient, affecting the use, but it does
v. City of Salem, supra; Oregon Investment Co. v. not rise to the constitutional magnitude requiring com-
Schrunk, supra; Hickey v. Riley,454 and City of Salem pensation. Douglas County v. Briggs.455
v. Meritt Truax, supra, a multitude of actions may
be exercised by cities as police power when the ob- Principle 60
jective is to regulate the use of the streets to keep
them in an open and safe condition. Such actions A landowner is not entitled to compensation under emi-
have been held to be damnum absque injuria and nent domain for the circuity of a route resulting from the
not compensable where the landowners retained construction of a limited access highway.456
15-61
The court said: and State, thus entitling them to compensation for
the diminished value of their respective properties
The trial judge was correct in dismissing plain-
under ORS 373.050 and 373.060.
tiffs claims against the City.
In 1977, the City entered into a 99E Redesigna- If the closing was done pursuant to ORS 373.050,
tion Agreement with the State, which provides: when all the requirements of ORS 373,050 and 373.060
For the purpose of furthering the development had been met, the owner of real property abutting a
of a highway system adapted to the needs of the city street which became a cul-de-sac could recover
people of the State of Oregon, and for the safe and damages from the state. State Highway Corn. v. Haza-
expeditious flow of traffic, State and City plan and pis, 3 Or. App. at 288.
propose to improve portions of Pine, Commercial, But the closing of Center was not pursuant to ORS
Liberty, Front, Ferry and Trade Streets to acceptable 373.050. There was no evidence that Front, at the time
standards for redesignation of the route of Pacific of the trial, had been designated as a state highway
Highway East, State Primary IE, to accommodate under ORS 373.010. Consequently, the court prop-
highway traffic volumes along said streets. (Em- erly found that the plaintiffs had no cause of action
phasis supplied.)
against the state, and what was done by the city
Plaintiffs claim that Center was closed by the under its police power failed to constitute a compen-
State pursuant to this agreement between the City sable taking.
15-62
Endnotes
1. Harris v. St. Helena, 72 Or. 386 (1914); 17. Elliotts Roads and Streets, 1st ed., 7, 15 Mo. 634; Schenley v. Commonwealth,
cit. Blacks Law Dictionary, 2d ed., pp. supra footnote 2, ch. 1. But, the gen- 36 Pa. 62; Dubuque v. Maloney, 9 Iowa
340, 341, supra. eral public is incapable of being the 450; Winona v. Huff, 11 Minn. 119; Hu-
grantee of an estate in land, but a ber v. Gazley, 18 Ohio 18; Logansport v.
2. Security Investment Co. v. Oregon City, grant to the general public may oper- Dunn, 8 Ind. 378. And note: regard-
161 Or. 432. ate as a dedication of the property to less of any charter provision of an
3. Id. See: Muzzy v. Wilson, 259 Or. (1971) public use. Loose v. Locke, 25 Wash.2d Oregon municipality, a common
Magic v. Basquin, Ohio Com. Pl., 102 599. law dedication may be effected; See:
N.E.2d 42, 44: the word dedicate Mid-County Cem. Dist. v. Thomason,
18. McQuaid v. Portland & V. Ry, 18 Or. 267 Or. 637.
means a grant of an interest in land
for public use. See: 26, 27 Am. Jut. 19. Id. See: Huddleston v. Eugene, 34 Or. 36. Commonwealth v. Rush, 14 Pa.; Dover
2d, Em. Dom., 56 Am. Jut. 2d; Mu- v. Fox, 9 Ky. (B. Mon.) 200; State v.
nicipal Corp., Counties, subsec 532 et 20. Blacks, 1393, supra.
Wilkinson, 2 Vt. 480; Watertown v.
seq Henderson v. Frio County, Tex. Civ. 21. Elliotts Roads and Streets, supra. Cowen, 4 Paige (N.Y. Ch.), 510; Price
App., 362 S.W.2d 406, 408: Instruc- v. Thompson, 48 Ky. (B. Mon.) 363; and
tion properly defined dedicated as 22. See: Moore v. Fowler, 58 Or. 292. Abbott v. Mills, 3 Vt. 526. See: Menstell
public road to mean road devoted or et ux v. Johnson, et ux 125 Or. 162; and
23. McQuaid v. Portland & V. Ry, supra.
appropriated to public use as a public Steel v. Portland, 23 Or. 162.
road by owner, by some unequivocal 24. Mid-County Cemetery Dist. v. Thoma-
acts or conduct manifested an intent son, 267 Or. 637 (1974). 37. Supra.
to appropriate it to such use.
25. Carter v. City of Portland, 4 Or. 343 38. Menstell et al v. Johnson et al, 125 Or.
4. Nodine v. Union, 42 Or. 613; McCoy v. (1873). 161, 162, Op. Cit: Steel v. Portland, 23
Thompson, 84 Or. (1917), Portland Ry. L Or. 176, 31 P. 479; Bakke v. Johnson, 102
& P. Co. v. Oregon City, 85 Or. 26. Id. Or. 501; Johnson v. Crawford, 88 Or.
125; Nicholas v. Title & Trust Co., 79 Or.
5. Nodine v. Union, 42 Or. 613, 616; El- 27. See: Lownsdale v. City of Portland, 1
226, 240; Silverton v. Brown, 63 Or. 418,
liotts Roads and Streets, 3d ed.; See: Or. (1861), discussing Daniel Lowns-
424; Christian v. Eugene, 49 Or. 170,
Muzzy v. Wilson, 259 Or. 518. dales, J. L. Parrishs, Stephen Coffins
172; Spencer v. Peterson, 41 Or. 257,
and W. W. Chapmans interest in the
259.
6. State v. Trask, 27 Am. Dec. 554 10c; cit. Portland claim. This case supplies
559. Dill on Municipal Corporations, historical data on the creation of Port- 39. Carter v. Portland, 4 Or. 339; Meier v.
subsec 491. This is Principle 22 of this land and territorial land laws. Portland Cable Ry. Co., 16 Or. 500, 19
publication. P. 610, 1 L.R.A. 856; Hague v. City of
28. Church v. City of Portland, 18 Or. 75 Albina, 20 Or. 182.
7. Huggett et ux v. Moran et ux, 201 Or. (1889).
(1954) 40. McCoy v. Thompson, 84 Or. 147.
29. Id. 78 (1889).
8. Portland Ry., L. & P. Co. v. Oregon City, 41. Steel v. City of Portland, 23 Or. 176,
85 Or. 583; cit.: Elliotts Roads and 30. Church v. City of Portland, 18 Or. 74 185.
Streets, 3d ed. subsec 137. (1889).
42. Although it is often brought out in
9. Estoppels in pais (pronounced in 31. United States v. Chicago, 185 U.S. (7 testimony that some of the lots sold
pays) are estoppels by conduct, How.). fronted on or abutted the land
as distinguished from estoppels by 32. Carter v. City of Portland, 4 Or. 345, cit- in dispute, it is not essential that the
deed, written declaration, or by other alienated land be anywhere near the
ing: United States v. Chicago, ibid.
written record. Blacks Law Dictionary, dedicated land. It is only necessary
4th ed., 1264; supra footnote 6, ch. 2. 33. Carter v. City of Portland, supra, cit.: it be in the subdivision or townsite
Dovaston v. Payne, 2 Smiths Ldg. ch. containing the dedicated land. Re-
10. Huggett et ux v. Moran et ux, 201 Or.
224, 225; Rowans Exrs. v. Portland, member, every grantee is entitled to
105, 117 (1954).
8 Ky. (B. Mon.) 232, 237; Barclay v. every easement, privilege and ad-
11. Moore v. Fowler, 58 Or. 292. Howells Lessees, 206, 207 U.S. (6 Pet.); vantage, not reserved, which the plat
U. S. v. Chicago, 196 U.S. (7 How.); represents.
12. Huggett v. Moran, supra. Cincinnati v. Whites Lessees, 431 U.S.
(6 Pet.); Dubuque v. Maloney, 9 Iowa 43. Carter v. City of Portland, supra.
13. 20 Or. L. Rev. 138, cit.: Carter v. Port-
455; Godfrey v. Alton, 12 Ill. 35; Asken 44. Meier v. Portland Cable Ry. Co., supra.
land, 4 Or. 339; Moore v. Fowler, 58 Or.;
Hendrickson v. City of Astoria, 127 Or.; v. Wynn, 22 N.C. (7 Jones); Wilder v.
The City of St. Paul, 12 Minn. 203, 204, 45. Hogue v. City of Albina, supra.
See: Huggett et ux v. Moran et ux, 201
Or. 105; Mathis v. Thunderbird Village, 211; Trustees of M.E. Church of Hoboken
46. Carter v. City of Portland, supra.
Inc., 236 Or. 439, 440 (1964); 389 P.2d v. Hoboken, 33 N.J. Laws 21.
343. 47. Steel v. City of Portland, 23 Or. 183.
34. Carter v. City of Portland, supra.
14. Huggett et ux v. Moran et ux, 201 Or. 48. Id., 184.
35. Carter v. City of Portland, 4 Or. 345;
111 (1954). Rowan Exrs. v. Portland, supra; Augusta 49. 17 Am. & Eng. Enc. Law, 407; Price v.
15. Id., at 112. v. Perkins, Idaho 207; Newport (R.I.) v. Inhabitants of Plainsfield, 40 N. J. Laws
Taylor, 16 Ky. (B. Mon.) 699; Stone v. 608; Trustees of M.E. Church v. Hoboken,
16. Blacks Law Dictionary, 4th ed., 1393. Brooks, 35 Cal. 489; Hannibal v. Draper, 33 N. J. Laws 13, 97 Am. Dec. 696.
15-63
50. Kuck v. Wakefield, 58 Or. 549, 555, 115 66. Id., 433. See Muzzy v. Wilson 259 Or. 86. Pa/en v. Ocean City, 64 N.J. Laws, 46
P. 428. 512, 525,487 P.2d 875 (1971). A. 774. See: Harris v. City of St. Helens,
72 Or.; Blacks Law Dictionary, 4th ed.,
51. Id., 552. 67. 20 Or. L. Rev., supra, 118.
supra, 1767.
52. Id., 553. 68. Harris v. St. Helens, 72 Or. 377, 393,
87. See: Parks The Law of Dedication in
Cit.: Blacks Law Dictionary, 2d ed. pp.
53. McCoy v. Thompson, 84 Or. 141,152. Oregon. 20 Or. L. Rev. 122 to 129.
340, 341, 13 Cyc. 453.
54. McCoy v. Thompson, 84 Or. 148 (1917), 88. Parrish v. Stephens, I Or. 59, 73 (Dec.
69. Parrott v. Stewart, 65 Or. 254, 262
cit.: 1 Elliotts Roads and Streets, 3d ed., 1653). The bill was filed in 1850, and
(1913), Cit.: 3 Dillon on Municipal Cor-
subsec 124; 8 R.C.L. 893, 897; 13 Cyc. an injunction was allowed. A compro-
porations, 5th ed., subsec 1079; Kuck v.
441. mise followed, but failed. The cause
Wakefield, 58 Or. 549; Hague v. City o/
came to be heard in the Washington,
55. Id., 150, Op Cit.: Portland v. Whittle, 3 Albina, 20 Or. 182.
D.C., District Court, and under a late
Or. 126, 129; Carter v. Portland, 4 Or. 70. Id., 259. statute was adjourned to this court.
339, 340, 346; Meier v. Portland Cable
Ry. Co., 16 Or. 500, 1 L.R.A. 856, 19 P. 71. Carter v. City of Portland, 4 Or. 339, 89. Here, the court is speaking of evi-
610; Steel v. Portland, 23 Or. 176, 184, 352. dence of an express intent to dedicate,
31 P. 479; Mutual lrr. Co. v. Baker City, e.g. as in a statement on a plat dedi-
72. Steel v. City of Portland, 23 Or. 182. cating streets to the public.
58 Or. 306, 321, 110 P. 392, 113 P. 9;
Moore v. Fowler, 58 Or. 292, 297, 114 P. 73. McCoy v. Thompson, 64 Or. 141. 90. The popular and commercial signifi-
472; Kuck v. Wakefield, 58 Or. 549,552,
74. Id., cit.: 1 Elliotts Roads and Streets, cation of the word quay involves
115 P. 428; Jones v. Teller, 65 Or. 328,
3d. ed. Subsec 21; City of Denver v. the notion of a space of ground ap-
332, 133 P. 354; Spencer v. Peterson, 41
Clements, 3 Colo. 472; Smith v. City of propriated to the public use; such
Or. 257, 260, 68 P. 519, 1108; Oregon
Goldsboro, 121 N.C. 350, 28 S.E. 479. use as the convenience of commerce
City v. Oregon & C.R. Co., 44 Or. 165,
requires. Blacks 4th ed., supra: cit.: New
176, 74 P. 924; Christian v. Eugene, 49 75. See: Heiple v. City of East Portland, 13 Orleans v. U.S. 662 U.S. (10 Pet.) 715; 9
Or. 170, 172, 89 P. 419; Hogue v. Albina, Or. 103; Cit.: Republics v. Arnold, 3 L. Ed. 573.
20 Or. 182, 186, 10 L.R.A. 673, 25 P. Yeates 422; Himmelmann v. Saterlee, 50
386; Nicholas v. Title & Trust Co., 79 Or. Cal. 69; Reed v. Erie, 79 Pa. 352; Hamlin 91. Barclay v. Howell, 498 U.S. (6 Pet.)
226, 244, Ann. Cas. 1917A, 1149, 154 P. v. City of Norwich, 40 Conn. 25; Brace v. (dealing with a plat in Pittsburgh,
391; 8 R.C.L. 890. N.Y. Cent. R. Co., 27 N.Y. 260; Conner Pa.), cit.: Parrish v. Stephens, supra, 62.
56. McCoy v. Thompson, 84 Or. 151. See v. New Albany, 1 Ind. (Blackf.) 88, 89;
92. McLoughlin v. Stevens, 18 Ohio 94.
footnote 42 in this chapter. S.C. 12 Am. Dec. 207; Debolt v. Carter,
31 Ind. 355; Clark v. Commonwealth, 93. 3 Kent 428, note.
57. Id., Op. Cit.: Roberts v. Mathews, 137 14 Ky. (Bush) 169; State v. Moriarty,
Ala. 523, 34 So. 624, 97 Am. St. Rep. 74 Ind. 104; Clarlin v. Chicago, 262 Ill. 94. Parrish v. Stephens, supra.
56; 1 Elliotts Roads and Streets, 3d ed., 564; 2 Thompson on Real Property, 95. The Oregon Report (1 Or.) did not re-
subsec 128. supra, subsec 384 pp. 549, 551. veal the place where the table of sales
58. Id., Op. Cit.: Parrish v. Stephens, 1 Or. 76. Harris v. St. Helens, 72 Or. was concealed.
73, 75, 76; Portland v. Whittle, 3 Or. 96. Parrish v. Stephens, 1 Or, op. cit.: Rugby
77. Harris v. St. Helens, 72 Or. 388, 391.
126, 129. Charity v. Merriweather, 11 East 372,
See: Sunset Lake v. Remington, 45 Or.
59. McCoy v. Thompson, supra, 148. See: App. 973 (dedicator may qualify note; Jarvis v. Dean, 3 Bingham 447;
Sunset Lake v. Remington, 45 Or. App. dedication). Gamble v. St. Louis, 12 Mo. 617.
973 (1980). 97. The court, in the Parrish case, was so
78. Lang v. Portland, 75 Or. 385,395.
60. Portland Ry., L. & P. Co. v. Oregon City, occupied with deciphering the plat
79. This is two blocks north northeast of copy and table of sales, as well
85 Or. 574, 586 (1917).
the present site of the Civic Audito- as determining intent from the pro-
61. Id., 582, Op. Cit.: Lownsdale v. City of rium, i.e. between S.W. Second and prietors acts and declarations in 1645,
Portland, 1 Or. 381, 405, F. Cas. 8578; Third Avenues and Market and Clay 1846, 1847 and 1848, it overlooked
Lewis v. City of Portland, 25 Or. 133, Streets. one key point. Prior to September
155, 35 P. 256, 42 Am. St. Rep. 772, 22 1850 a settler had only the right of
80. This was known as the Brady map
L.R.A. 736; Parrott v. Stewart, 65 Or. possession to land. The court, in Ore-
and the Short-Brady map. It is the
254, 259, 132 P. 523; McCoy v. Thomp- gon City v. Oregon & California Railroad
map discussed in Carter v. City of
son, 84 Or. 141, 164 P. 589. Co., 44 Or. 165, ruled that the right of
Portland, 4 Or. 339, 352.
possession did not allow a settler, on
62. Portland Ry., L. & P. Co. v. Oregon City,
81. Lang v. Portland, 75 Or. 388, 389. a tract of land, to charge the land, in
id, 583, Cit.: Elliotts Roads and Streets,
the hands of successors in interest,
3d. ed. 82. Id., 389, 390.
with any easement or encumbrance.
63. Portland Ry., L. & P. Co. v. Oregon City, 83. An ejectment action by which pos- Consequently, the proprietors, in Par-
id, 582; Op. Cit.: Hague v. City of Al- sessory titles to corporeal heredita- rish, could not burden the land with a
bina, 20 Or. 186, 187. See: Sunset Lake ments may be tried and possession dedication of land for the public use.
v. Remington, 45 Or. App. 973, (1980). obtained. See: Blacks 4th ed., supra, p. See also: Lownsdale v. City of Portland,
607. 1 Or. 394.
64. Id., see: Muzzy v. Wilson, 259 Or. 512,
525, 487 P.2d 875 (1971). 84. City of Pella v. Scholte, 24 Iowa 288, 95 98. Supra.
Am. Dec. 729.
65. Security Invest. Co. v. Oregon City, su- 99. B. & C. Comp. subsec 5782; Act of
pra, cit.: Lownsdale v. City of Portland, 85. Hanes v. Land Co., 129 N.C. 311, 40 S.E. Congress, Sept. 27, 1850 ch. 76, subsec
supra. 114. 11; 9 Stat. 499.
15-64
100. Journals, Local Laws, etc., 1851 p. 34. 119. See footnote 166. 129. The Law of Dedication in Oregon, Or L.
Rev. 20.
101. General Laws, 1862, p. 90. 120. Lownsdale v. City of Portland, supra;
Hague v. Albina, supra; Harris v. St. 130. E.g. McQuillan on Municipal Corpora-
102. The map was made by Jesse Apple- tions; Tiffany on Real Property.
Helens, 72 Or. 377, 143 P. 941, Ann.
gate, and was based on his 1644 sur-
Cas. 1916 D 1073; Portland Ry., L. &
vey of the town. 131. Schooling v. Harrisburg, 42 Or.
P. Co. v. Oregon City, supra; 18 C.J. 51.
103. Oregon City v. Or. & Cal. R. Co., 44 See: Miller v. Roy W. Heinrich & Co., 132. Johnson v. Crawford, 88 Or.; See: foot-
Or. 175, 176 (1904), op. cit.: Leland v. 257 Or. 155, 160 (Dec. 1970), 476 P.2d notes 121,122.
Portland, 2 Or. 46; Carter v. Portland, 183; Mid-County Cem. Dist. v. Thoma-
4 Or. 339; Meier v. Portland Cable R. son, 267 Or. 637, 644 (Jan. 1974), 518 133. Meier v. Portland Co. Ry. Co., 16 Or.
Co., 16 Or. 500 19 P. 610, 1 L.R.A. 856; P.2d 174; 23 Am. Jur. 2d, Dedication 615.
Hogue v. Albina, 20 Or. 182, 25 P. 386, subsecs 28-31, C.J.S., Dedication sub- 134. Oregon City v. Or. & Cal. R. Co., 44 Or.
10 L.R.A. 673; Steel v. Portland, 23 Or. sec 10; Muzzy v. Wilson, 259 Or. 512, 167, 176, 74 P. 924.
176, 31 P. 479. 525 (1971), 487 P.2d 875.
135. In reference to: Meier v. Portland C. Ry.
104. Oregon City v. Or. & Cal. R. Co., supra, 121. Miller v. Roy W. Heinrich & Co., 257 Or. Co., 16 Or., 1 L.R.A. 856, 19 P. 610).
117, cit.: Arnold v. Weiker, 55 Kan. 510, 155, 160 (1970), 476 P.2d 183.
40 P. 901; Sanborn v. Chicago & N. W. R. 136. Supra.
Co., 16 Wis. 21; Indianapolis v. Kings- 122. Mid-County Cem. Dist. v. Thomason,
267 Or. 637, 518 P.2d 174. 137. Cit.: Roberts v. Mathews, 137 Ala. 523;
bury, 101 Ind. 200, 51 Am. Rep. 749.
Elliotts Roads and Streets, 3rd ed., sub-
105. Ibid, cit.: Angell on Highways, 2d ed., 123. Portland Baseball Club v. Portland, 142 sec 128.
subsec 143; and Elliotts Roads and Or. 13, 18 P.2d 811 (1933); Kurtz v.
Southern Pacific Co., 80 Or. 213, 155 P. 138. Supra.
Streets, 2d ed., subsec 119.
367 (1916); John P. Sharkey Co. v. Port- 139. See: footnote 122 for citations.
106. Oregon City v. Or. & Cal. R. Co., supra, land, 58 Or. 353, 106 P. 331,114 P. 933
cit.: Indianapolis R. Co. v. Ross, 47 Ind. (1911); Huddleston v. City of Eugene, 34 140. Carter v. Portland, 4 Or.
25. Or. 343, 55 P. 868 (1899). 141. 609 P.2d 415, 45 Or. App. 737 (1980).
107. Security Investment Co. v. Oregon City, 124. Security & Inv. Co. v. Oregon City, 161 Words and Phrases, perm. ed., West
161 Or. 421 434 (1939). Publishing Co., St. Paul, Minn.
Or. 421, 432, 433, 90 P.2d 467 (1939);
108. Mesne conveyances are inter- Jones v. Teller, 65 Or. 328, 332, 133 P. 142. Sullivan v. City of Louisville, 291 Ky.
mediate conveyances occupying 354 (1913). 60; cit. in: Words and Phrases, perm. ed.,
intermediate positions in a chain of West Publishing Co., St. Paul, Minn.
125. McCoy v. Thompson, 84 Or. 141, 150,
title between the first grantee and
164 P. 589 (1917); Jones v. Teller, supra, 143. Johnson v. Watertown, 131 Conn.;
the present title holder. Blacks Law
at 334; 11 McQuillin, Municipal Corpo- Words and Phrases, supra.
Dictionary, 4th ed., 403.
rations 3d ed. (1964), p. 704.
109. Supra. See: Chase v. Oregon City, 72 Or. 144. Adams v. Richmond Co., 193 Ga. 42;
527, 143 p. 1111; and Careys History of 126. Curtis M. Brown, Boundary Control & Words and Phrases.
Oregon, Vol. 1, p 751. Legal Principles 2d ed. (1961), supra, p.
124, 125. 145. Village of Winthrop Harbor v. Gurdes,
110. Security Invest. Co. v. Oregon City, 161 257 Ill. 596; Words and Phrases.
Or. 425. 127. McCoy v. Thompson, 84 Or., cite: Carter
v. Portland, 4 Or. 339, 340, 348; Meier 146. Twedell v. City of St. Joseph, 167 Mo.
111. At this writing (1985) Water Street v. Portland Cable Ry. Co., 16 Or. 500, App. 547; Words and Phrases.
is occupied by State Highway 99, at 1 L.R.A. 856, 19 P. 610; Hogue v. Al- 147. Wright v. Tukey, 57 Mass.; Words and
one time referred to as Super 99. bina, 20 Or. 182, 186, 10 L.R.A. 673, Phrases.
The highway forms a bridge over the 25 P. 386; Spencer v. Peterson, 41 Or.
cove, i.e. directly behind the court- 257, 260, 68 P. 519, 1108; Oregon City 148. Palmer v. East River Gas Co. of Long
house. v. Oregon & C.R. Co., 44 Or. 65, 178, Island, 101 N.Y.S. 347,349; Words and
74 P. 924; Christian v. Eugene, 49 Or. Phrases.
112. Security Invest. Co. v. Oregon City, su-
pra, 428. 170, 173, 89 P. 419; Oliver v. Synhorst, 149. Ramstad v. Cart, 154 N.W. 195, 203;
58 Or. 582, 585, 109 P. 762, 115 P. 594; Words and Phrases.
113. Security Investment Co. v. Oregon City, Moore v. Fowler, 58 Or. 292, 297, 114 P.
161 Or. 430, cit.: Chase v. Oregon City, 472; Silverton v. Brown, 63 Or. 418, 424, 150. 2 Thompson on Real Property, 1961
72 Or.; Elliotts Roads and Streets, 4th 12 P. 45; Harris v. St. Helens, 72 Or. replacement, subsec 372; cit.: Hall v.
ed., vol. 1, subsec 130; 18 C.J. 109. 377,387,143 P. 941, Ann. Cas. 1916 D Fairchild-Gilmore Wilton Co., 66 Cal.
1073; Barton v. Portland, 74 Or. 75, 79; App. 615.
114. Supra.
Nichols v. Title & Trust Co., 79 Or. 151. Id., op, cit.: Stratford v. Fidelity & Casu-
115. Portland Ry., L. & P. Co. v. Oregon City, alty Co., 106 Conn. 34; Gietl v. Smith,
85 Or. 128. Carter v. Portland, supra, cite: Water-
town v. Cowen, 3 Paige (N.Y. Ch.), 514; 320 Ill. 467; Easton v. Koch, 152 Pa.;
116. Supra. Dovaston v. Payne, 2 Smiths lead. Cas., etc.
237, 241; Wyman v. Mayor of New York; 152. Thompson; cit.: Whitney v. Crittendon,
117. City of Clatskanie v. McDonald, 85 Or.
11 Wend. (N.Y. Sup. Ct.) 499; Langley 112 Or.
670, 167 P. 560; Hogue v. City of Albina,
v. Gallipolis, 2 Ohio; New Orleans v.
20 Or. 182, 25 P. 386, 10 L.R.A. 673; 153. Thompson; cit.: Titusville Amusement
U.S., U.S. (10 Pet.). See: McCoy v.
McQuillan on Municipal Corporations, Co. v. Titusville Iron Works, 286 Pa.
Thompson, supra; Johnson v. Crawford,
2d ed., subsec 1694.
88 Or. 127; Christian v. Eugene, 49 Or.
154. Id.
118. Lownsdale v. City of Portland, 1 Or. 170, 173; and, The Law of Dedication in
397. Oregon, supra, at 131, 133. 155. Thompson.
15-65
156. Id., cit.: Collins v. Phoenix, 269 F. 157. 184. Supra. change; check current statutes.) See:
Atty. Gen. Op., 1966-1968, 327. ORS 92.090 (2) b.
185. Supra.
158. Elliotts Roads and Streets; cit.: Cincin- 210. Heiple v. City of East Portland, 13 Or.
nati, etc. R.R..Co. v. Village of Carthage, 186. Although based on an actual situa- 97. See: ORS 92.090.
tion, the name of the subdivision and
36 Ohio St. 631.
exact nature of the dispute have been 211. 1987 ORS, subject to change; check
159. Id. cit.: Town Council v. Lithgoe, 7 Rich. changed to prevent this discussion current statutes.
from casting a shadow on the right,
160. Ibid. 212. 1987 ORS, subject to change; check
title and interests of the purchasers of
current statutes.
161. Carter v. Portland, 4 Or. land in this development.
213. 1987 ORS, subject to change; check
162. Mutual Irrigation Co. v. Baker City, 58 187. 1987 ORS, subject to change; check
current statutes.
Or. 306 (this and the following cases current statutes.
were in reference to sec 63-107 Ore- 214. Mathis v. Thunderbird Village, Inc., 236
gon Code, predecessor to ORS 93.140 Or. 439, 440; cit.: Hendrickson v. City of
current statutes.
(amended in 1973 by ch. 94 subsec Astoria, 127 Or. 1, 6.
6)); Steel v. Portland, 23 Or.; Spencer v. 189. 1987 ORS, subject to change; check
215. Id. See: Kropitzer v. Portland, 237 Or.
Peterson, 41 Or.; Oregon City v. Or. & current statutes.
157 (1964).
Cal. R. Co., 44 Or.; Christian v. Eugene,
49 Or. 216. 1987 ORS, subject to change; check
current statutes.
current statutes.
163. Carter v. Portland, 4 Or.
191. Refer to Principles 8 and 12.
164. Kuck v. Wakefield, 58 Or. 552. current statutes.
192. ORS 92.090 (2) a. 1987 Statutes.
165. Moore v. Fowler, 58 Or. 292. See also: 218. 1987 ORS, subject to change; check
193. 20 Or L. Rev. 187; The Law of Dedica-
Department of Justice opinion LS current statutes.
tion in Oregon, by Sheldon W. Parks.
V-1520, Oct. 18, 1966, confirming the
rule of Principle 21. See also: The Law 194. Nodine v. Union, 42 Or. 219. Bernard v. Willamette Box & Lbr. Co., 64
of Dedication in Oregon, supra. Or. 223, 129 P. 1039.
195. McCoy v. Thompson, 84 Or. 148.
166. Moore v. Fowler, 58 Or. 292,299. 220. McCoy v. Thompson, 84 Or. 141,164
196. Bernard v. Willamette Box & Lbr. Co., P. 589 (1917). See: Nodine v. Union,
167. 58 Or. 292, 299. (1913) 64 Or. 223, 129 P. 1039. supra.
168. Moore v. Fowler, op, cit.: Tillman v. 197. Portland Ry., L. & P. Co. v. Oregon City, 221. Annotations, following ORS 92.150,
People, 12 Mich.; Littler v. Lincoln, 106 85 Or. 582; cit.: Hogue v. City of Albina, in the 1983 Cumulative Supplement
Ill.; Bethel v. Pruett, 215 I11.; Bauman v. 20 Or. 186, 187. for ORS Chapters 1 to 170; ORS vol.
Boekler, 119 Mo., etc. 7, 1983. See: n. 271.
169. Supra. current statutes. 222. McQuaid v. Portland & V. Ry., 18 Or.
237, 22 P. 899 (1889); Huddleston v.
170. 49 Or. 170, 89 P. 419. 199. Elliotts Roads and Streets, 4th ed., by Eugene, 34 Or. 343, 55 P. 868, 43 L.R.A.
Byron K. & William F. Elliott. Bobbs- 444 (1899). Annotations exactly as
171. ORS 92.014 (2) requires No instru- Merrill Co. (1926) subsec 130.
ment dedicating land to public use quoted in 7 ORS, published by Leg-
shall be accepted for recording in this 200. State v. Track, 27 Am. Dec. 554,10c cit. islative Committee of the Oregon
state unless such instrument bears 559; Downer v. St. Paul, etc. R.R. Co. 23 Legislative Assembly (1983).
the approval of the city or county au- Minn. 271; Dill on Municipal Corpora- 223. Steel v. Portland, 23 Or. 176, 31 P. 479
thorized by law to accept such dedi- tions, subsec 491; Railroad Company v. (1892); Christian v. Eugene, 49 Or. 170,
cation. 1987 ORS Subject to change. Schurmeir, 7 Wall. 272 (19 L. ed. 74): 89 P. 419 (1907); Menstell v. Johnson,
City of Des Moines v. Hall, 24 Iowa 234; 125 Or. 150, 262 P. 853, 266 P. 891, 57
172. 1987 ORS, subject to change; check Detroit v. Detroit & Milwaukie R.R. Co.,
current statutes. L.R.A. 311 (1928).
23 Mich. 173.
224. McCoy v. Thompson, supra; Menstell v.
173. ORS 92.225, 1987 ORS, subject to 201. Id., See: Menstell v. Johnson, supra. Johnson, supra.
change; check current statutes. See
Principle 12. 202. Id., See: McCoy v. Thompson, supra. 225. McQuaid v. Portland & V. Ry., 18 Or.
203. Menstell et al v. Johnson et al, 125 Or., 237, 22 P. 899 (1889).
174. Supra.
cit.: Elliotts Roads and Streets, 3d. ed., 226. Carter v. Portland, 4 Or. 339 (1873);
175. Supra. subsec 125. Meier v. Portland Cable Ry., 16 Or. 500,
176. Supra. 19 P. 610, I L.R.A. 856 (1888); Steel v.
204. ORS Chapter 92.
Portland, 23 Or. 176, 31 P. 479 (1892);
177. Supra. 205. 1987 ORS. Spencer v. Peterson, 41 Or. 257, 68 P.
519, 1108 (1902); Schooling v. City of
178. Supra. 206. See: 20 Or. L. Rev. 187, cit.: Tulane L. Harrisburg, 42 Or. 494, 71 P. 605 (1903);
179. Supra. Rev. 606; McCoy v. Thompson, supra. Nodine v. Union, 42 Or. 613, 72 P. 582
207. ORS Chapter 92. (1903); Oregon City v. Ore. & Calif. R.R.
180. Supra. Co., 44 Or. 165, 74 P. 924 (1904); Mc-
181. Supra. 208. This definition provided by 1985 Leg- Coy v. Thompson, 84 Or. 141,164 P. 589
islature, HB 2547 A-Eng, Section 5. (1917).
182. Supra.
209. Was ORS 92.010 (10), amended by 227. Heiple v. Portland, 13 Or. 97, 8 P. 907
183. Supra. HB 2547, 1985 Legislature. (Subject to (1885); Steel v. Portland, supra (1892);
15-66
McCoy v. Thompson, 84 Or. 141,164 P. 244. See footnotes 226 and 229. 249. Carter v. Portland, 4 Or. 339. But not
589 (1917). of the permanent estate, Poskey v.
245. Definition of ORS 92.225 (2), 1987 Bradley, 209 Ark. 93, 189 S.W.2d 806.
228. Lewis v. Portland, 25 Or. 133, 35 P. 256, ORS, subject to change; check current
42 Am. St. Rep. 772 (1893); 22 L.R.A. statutes. 250. 58 Or. 362.
736; Nodine v. Union, 42 Or. 613, 72 P.
246. 1987 ORS, subject to change; check 251. Id. cit.: Parker v. Taylor, 4 Or. 435, 477;
582 (1903); Christian v. Eugene, 49 Or.
current statutes. Lankin v. Terwilliger, 22 Or. 97; Hud-
170, 89 P. 419 (1907).
dleston v. Eugene, 34 Or. 343.
229. Miller v. Fisher, 90 Or. 111,174 P. 1152 247. The wording in italics is an amend-
ment of HB 2547, passed by the 252. John P. Sharkey Co. v. City of Portland,
(1918).
63rd Oregon Legislative Assembly, 58 Or. 362, cit.: Elliotts Roads &
230. Menstell v. Johnson, 125 Or. 150, 262 P. 1985 Regular Session. The following Streets, 2d ed.; Smith v. City of Rome, 19
853, 266 P. 891 (1928). are Sections 2 to 4 of that act (to be Ga. 89; City of Aurora v. Fox, 78 Ind. 1;
made a part of ORS 92.018 to 91.170): Makepeace v. Worden, 1 N.H. 16; Fisher
231. Lewis v. Portland, 25 Or. 133, 150, 35 v. City of Rochester, 6 Lans. (N.Y.). See:
Section 2. (1) Each agency or body
P. 256 (1893); 42 Am. St. Rep. 772, 22 Atty. Gen. Op. 1952-1954 p. 110, 111.
authorized to approve subdivision
L.R.A. 736.
plats under ORS 92.040 shall have 253. Portland Baseball Club v. Portland, 142
232. 7 ORS Cumulative Supplement for the same review and approval au- Or. 16, 18 P.2d 811.
ORS Chapters 1 to 170, published thority over any proposed replat of
by the Legislative Committee of the a recorded plat. (2) Nothing in this 254. Id. cit.: Huddleston v. City of Eugene,
Oregon Legislative Assembly (1983), section regarding replatting shall be 34 Or. 343; Kurtz v. Southern Pacific
construed to allow subdividing of Company, 80 Or. 213; See: sec 56-716,
cit.: Carter v. Portland, 4 Or. 339 (1873);
land without complying with the Oregon Code (1930).
Hague v. City of Albina, 20 Or. 182, 25
P. 386 (1890); 10 L.R.A. 673; Nodine applicable provisions of ORS Chapter 255. McQuaid v. Portland & V. Ry. 18 Or.
v. Union, supra; Oregon City v. Ore. 92, Section 3. The act of replatting 237, 22 P. 899; Huddleston v. Eugene, 34
& Calif. R.R. Co., 44 Or. 165, 74 P. shall allow the reconfiguration of Or. 343; 43 L.R.A. 44. See: 70 A.L.R.; C.
924 (1904); McCoy v. Thompson, 84 lots and public easements within a W. Nell et al v. Independent Realty Co.,
Or. 141,164 P. 589 (1917); Nicholas v. recorded plat. Upon approval by the 317 Mo. 1233 (cited in Oregon cases).
Title & Trust Co., 79 Or. 226, 154 P. 391 reviewing agency or body as defined in
(1916). section 2 of this 1985 Act, replats will act 256. City of Portland v. Whittle, 3 Or.; 20 Or.
to vacate the platted lots and easements L. Rev. at 153.
233. Carter v. Portland, 4 Or. 339 (1873); within there plat area with the following
Hague v. City of Albina, 20 Or. 182, 25 257. Huddleston v. Eugene, 34 Or. 343.
conditions: (1) A replat, as defined
P. 386, 10 L.R.A. 673 (1890); Lewis v. in ORS 92.010 (10) shall apply only 258. McQuaid v. Portland Ry. Co., 18 Or.
Portland, 25 Or. 133, 35 P. 256, 42 Am. to a recorded plat. (2) Notice shall be 237, 22 P. 899.
St. Rep. 772, 22 L.R.A. 736 (1893). provided as described in ORS 92.225
259. Huddleston v. Eugene, 34 Or. 343. See:
234. Morse v. Whitcomp, 54 Or. 412, 103 P. (4) when the replat is replatting all of 23 Am. Jut. 2d, Ded. subsec 21.
775, 135 Am. St. Rep. 832 (1909). an undeveloped subdivision as defined
in ORS 92.225. (3) Notice, consistent 260. See: ORS 271.140 (amended by 1981
235. Portland Ry. Light & Power Co. v. Ore- with the governing body of a city of ch. 153 subsec 58); ORS 368.366. Each
gon City, 85 Or. 574, 166 P. 932 (1917). county approval of a tentative plan of of these statutes will be explained in
a subdivision plat, shall be provided the Section of this publication on Va-
236. Hague v. City of Albina, supra. cation of Public Ways.
by the governing body to the owners
237. Carter v. Portland, supra; Whitney v. of property adjacent to the exterior
261. Nell v. Independent Realty Co., 317 Mo.
Crittenden, 112 Or. 278, 229 P. 378 boundaries of the tentative subdivi-
1233.
(1924). sion replat. (5) A replat shall comply
with all subdivision provisions of this 262. 70 A.L.R. 550, op cit.: Nell v. Inde-
238. Christian v. Eugene, 49 Or. 170, 89 P. chapter and all applicable ordinances pendent Realty Co., supra, cit.: Keown
419 (1907); Silverton v. Brown, 63 Or. and regulations adopted under this v. Brandon, 206 Ky. 93; Stillwater v.
418, 128 P. 45 (1912). chapter. Section 4. (1) The replat of a Hamilton, 112 Okla. 10; Frank W. Coy
239. McCoy v. Thompson, 84 Or. 141,164 P. portion of a recorded plat shall not act Real Estate Co. v. Pendleton, 45 R.I. 477;
589 (1917). to vacate any recorded covenants or re- Bowers v. Atchison, T. & S. F. Ry. Co.,
strictions. (2) Nothing in Sections 2 to 4 119 Kan. 202; 42 A.L.R. 228; Texas Co.
240. Schooling v. City of Harrisburg, 42 Or. of this 1985 act is intended to prevent the v. Texarkana Mach. Shops, 1928 Tex.
494, 71 P. 605 (1903); Oliver v. Syn- operation of vacation actions by statutes Civ. App., 1 S.W.2d 928; Lynchburg
horst, 48 Or. 292, 86 P. 376, 7 L.R.A. in 0RS 271 or368. (3) The governing v. Peters, 145 Va. 1; Gossotol Realty
(NS) 243 (1906); Barton v. Portland, body of a city or county may use pro- Corp. v. Gillman, 224 App. Div. 63, 229
74 Or. 75,144 P. 1146 (1914); Dabney v. cedures other than replatting proce- N.Y.S. 201; Libertini v. Schroeder, 141
Portland, 124 Or. 54,263 P. 386 (1928). dures in sections 2 and 3 of this 1985 Md. 484; Peoples Sav. Bank & T. Co. v.
act to adjust lot lines as described South Side Baptist Church, 220 Ky.; See:
241. Oliver v. Synhorst, supra; Christian v. Waltrous v. Southward, 5 Conn.
in ORS 92.018 (8), as long as those
Eugene, supra; Barton v. Portland, su-
procedures include the recording or 263. 4 Day Conn. 328.
pra; Killlam v. Multnomah County, 137
other central filing of the final lot line
Or. 562, 4 P.2d 323 (1931). 264. Blacks Law Dictionary, rev. 4th ed.
adjustment. 1987 ORS, subject to
242. Laches is a failure to do some thing change; check current statutes. defines juris et de jure as: Of law and
which should be done or to claim right. A presumption juris et de jure,
or enforce a right at a proper time. 248. 1983 ORS with the 1985 amendments or an irrebuttable presumption, is
Blacks rev. 4th ed., 1017. of the 63rd Oregon Legislative As- one which the law will not suffer to
sembly, 1985 Regular Session. Subject be rebutted by any counter evidence,
243. Barton v. Portland, supra. to change; check current statutes. but established as conclusive, p. 990.
15-67
Consequently, Principle 25 is a pre- 284. ORS 307.200. 300. Pittsburgh & W.E. Pass. Ry. v. Point
sumption juris et de jure. Bridge Co., 165 Pa. 37, 30 A. 511, 26
285. City of Portland v. Whittle, 3 Or. 128, L.R.A. 323.
265. See: 70 A.L.R. 129.
301. Brand v. Multnomah County (rehear-
266. See: 70 A.L.R. 286. Corporation, as used here, is usually ing), 38 Or. 99, 104.
to mean one created by the state for
267. Elliotts on Roads and Streets, 1st ed., 302. P. & W.V.R.R. Co. v. City of Portland, 14
administration of civil government,
671, cit.: Jackson v. Hathaway, 15 Johns Or. 188.
e.g. a city or county.
447.
287. 18 Or. 73, 22 P. 528. 303. Private use, as used here, means: Any
268. 70 A.L.R., cit.: Mott v. Mott, 68 N.Y. use that is not open, unobstructed
246; Bliss v. Johnson, 73 N.Y. 529. 288. Ibid. and free to the public. For example,
269. Blacks Law Dictionary, 4th ed., p. although county shops were on land
289. 20 Or. L. Rev., cit.: Carter v. City of owned in fee by a public agency, the
1483. Portland, supra; Church v. City of Port- use of the property is private in na-
270. Elliotts Roads and Streets, 1st ed. land, supra; Wessinger v. Mische, 71 Or. ture because it was fenced and open
239, 142 P. 612; 4 Tiffany, op, cit. supra, only to certain county employees.
271. Huddleston v. City of Eugene, 34 Or. n. 84, sec 113; n. (1889) 6 L.R.A.; 10 The countys rights in this land are
272. Meier v. Portland C. Ry. Co. Ry. Co, 16 Tex. L. Rev. private as opposed to the public
Or. nature of its rights in a county park.
290. Iron Works v. O.R. & H. Co., 26 Or.
273. Lankin v. Terwilliger, 22 Or. 97. 304. Dent v. Oregon City, 106 Or. 122, 133,
291. City of Salem v. Merritt Truax, 70 Or.
211 P. 909.
274. The land against which the easement App. 138. See: Oregon Investment Co.
exists is called the servient tenement, v. Schrunk, 242 Or. 63; Boese v. City of 305. Id. cit.: 13 R.C.L. 251,255; White Oak
and the estate to which it is annexed Salem, 40 Or. App. 381; Morris v. City Coal Co. v. Manchester, 109 Va. 749;
the dominant tenement. The public is of Salem, et al, 179 Or. 666; also see: Boque v. Bennett; 156 Ind. 478; Com-
the dominant owner of a road ease- Argo Invest. v. Dept of Transportation, monwealth v. Stodder, 2 Mass. (Cush.)
ment, the dedicator remains the 66 Or. App. 430. 562; Cicero Lbr. Co. v. Cicero, 176 Ill. 9.
servient owner. Dominant estate 306. Macomber v. Nichols, 34 Mich. 212.
292. Id. cit.: Elliotts Roads and Streets; Tied-
does not mean greatest estate but
man on Municipal Corporations. 307. Special Laws of Oregon (1903) pp.
as regard use of the land means con-
trolling estate. A servitude is a charge 293. Brand v. Multnomah Co., 38 Or. 79, 104, 649, 650.
or burden on an estate; therefore, an 50 L.R.A. 389, 60 P. 390, 62 P. 209. 308. Dent v. Oregon City, supra, op. cit.: 13
easement is a servitude on the servient
294. 2 Dillon, Munic. Corp. 4th ed., subsecs R.C.L., 252; Thielke v. Albee, 79 Or. 48,
estate.
680, 683; Winters v. George, 21 Or. 251, 153 P. 793; Cummins v. Jones, 79 Or.
275. Elliotts Roads and Streets, 1st ed. See: 276, 155 P. 171; Frick v. City of Gary,
259, 27 P. 1041; Simon v. Northup, 27
Boundary Control & Legal Principles, 2d Ind., 135 N.E. 346; Sumer Co. v. Trans-
Or. 487, 501, 40 P. 560, 30 L.R.A. 171.
ed., Curtis M. Brown, John Wiley & portation Co., 141 Tenn. 493,213 S.W.
See: ORS 221.916 (Powers of City
Sons, Inc., p. 269, ch. 8. 412, 5 A.L.R., 765 and note at p. 768;
Council).
Greene v. City of Antonio, Tex. Civ. App.,
276. Davidson v. Davidson, 350 Mo. 639. 178 S.W. 6; Dickey v. Davis, 76 W.Va.
295. 2 Dillon, Munic. Corp., 4th ed., subsec
277. Gray v. Blanchard, 8 Pick. (Mass.). ORS 656. 576, 85 S.E. 781, (1915) L.R.A., 840.
105.770. Note: ORS 105.722 provides 309. Dent v. Oregon City, supra, See: Jitney
296. Willamette Iron Works v. Oregon Ry. &
that a person owning the possibility Bus Assoc. v. City of Wilkes Barre, 256
Nav. Co., 24 Or. 224; Huddleston v. City
of reversion may record a notice of Pa. 462, 100 A. 954; Chapter 8, Laws
of Eugene, 34 Or. 343; Barney v. Keokuk,
an intent to preserve such an interest. of 1921, Special Session, Oregon
94 U.S. 324, 340. See: ORS 221.916,
Legislature; Northwestern Auto Co. v.
1. Elliotts, Roads and Streets. (Powers of City Council).
Hurlburt, 207 P. 161; Camas Stage Co.v.
2. Fossi v. Myers, 271 Or. 611 (1975); Hurd 297. Supra. Kozer, 209 P. 95.
v. Byrnes, 264 Or.; Fahey v. City of Bend,
298. Elliotts Roads and Streets, 336; 2 Dil- 310. 34 Or. 34~ 359, 43 L.R.A. 444.
252 Or. 428 (1969); McAdam v. Smith,
221 Or.; Cross v. Talbot, 121 Or. See: lon, Munic. Corp. 4th ed. subsec 989;
311. See footnote 293. But in Brand the
Peck v. Smith, 1 Conn. 103. Lewis, Em. Dom., subsec 96 and 97; obstruction was held not a new servi-
Mills, Em. Dom., subsecs 195 and 196; tude.
281. Fahey v. City of Bend, supra. See: 23 1 Harris, Dam. By Corp., subsecs 126-
Am. Jur. 2d., Deeds, subsec 258; 49 130; 10 Am. & Eng. Enc. Law, 2d ed., 312. Cooley, Const. Lim., 557; Elliotts,
A.L.R. 2d 932; Fossi v. Myers, supra; 1124. Roads and Streets, 155; Willamette Iron
Cross v. Talbot, supra. Works v. Oregon Ry. & Nav. Co., 26 Or.
299. 4 Am. & Eng. Enc. Law 2 ed. 920; Wil- 224; Imlay v. Union Branch R.R. Co., 26
282. ORS 307.200 reads: All lands within lis v. City of Winona, 59 Minn. 27, 26 Conn. 249; Milhau v. Sharp, 15 Barb.
the boundary of any county road, and all L.R.A. 142, 60 N.W. 814; Lewis, Em. 193; State v. Laverack, 34 N~I.L. 201;
dedicated streets and alleys in any incor- Dom., subsec 109; Randolph, Em. etc.
porated or unincorporated city or town,
Dom., subsec 399; Skinner v. Hartford
or town plat, within this state, are exempt 313. Huddleston v. Eugene, supra, op. cit.:
Bridge Co., 29 Conn. 523; Colclough v.
from assessment and taxation while used Williams v. New York Central R.R. Co.,
Milwaukee, 92 Wis. 182, 65 N.W. 1039;
for such purposes. (Subject to amend- 18 Barb. 222; Fagan v. City of Chicago,
Walish v. Milwaukee, 95 WIS. 16, 69
ment; check current laws.) 84 Ill. 227.
N.W. 818; Willets Mfg. Co. v. Mercer
283. Department of Justice Op. of Jan. 21, Co. Freeholders, 92 N.J. Law, 95, 40 A. 314. Sweet et al v. Irrigation Canal Co., 198
1975. 782. Or. 166, 204 (1953), 254 P.2d 700.
15-68
315. McGowan v. City of Burns, 172 Or. 63, 334. Dabney v. City of Portland, 124 Or. 54, 361. City of Molalla v. Coover et ux, supra,
74, 137 P.2d 994, 139 P.2d 785; Town of 263 P. 386. cit.: City of Newberg v. Kienle, 60 Or.
Gaston v. Thompson, 89 Or. 412, 420; 486.
Savage v. City of Salem, 23 Or. 381, 363; 335. An equitable estoppel is that condi-
1 Wood on Nuisances. tion whereby justice forbids persons 362. Id., op. cit.: Cruson v. City of Lebanon, 64
or corporations to deny the truth of Or. 593, 131 P. 316.
316. Willamette Iron & Steel Works v. Oregon their own acts, conduct, assertions
Railway and Navigation Co., supra. 363. Id., op. cit.: Lowell et al v. Pendleton
or silence.
Auto Co., supra.
317. 26 Or. 230. 336. Supra.
364. City of Eugene v. Garrett, 87 Or. 435,
318. 23 Or. 381,363. 337. City of Molalla v. Coover et ux, 192 Or. 169 P. 649, 170 P. 731.
319. 23 Or. 363. 233, 235 P.2d 142.
365. City of Molalla v. Coover et al, supra, at
320. 2 Dillon, Mun. Corp., subsecs 657-697; 338. See: City of Clatskanie v. McDonald, 85 p. 251.
Keasby, Electric Wires, 86, 89; Thomp- Or.
366. Tuttle v. Beem, 144 Or. 145, 157, 24 P.2d
son, Electricity, subsecs 26, 28. 12.
339. Lowell et al v. Pendleton Auto Co., 123
321. Baines v. Marshfield & Sub. R. Co., 62 Or. 383. 367. Cabell et al v. Cottage Grove et al, 170
Or. 510, 124 P. 672. Or. 256, 284, 130 P.2d 1013.
340. Laches, as referred to here, is the
322. 2 Elliott, op. cit., subsec 928. failure of a public official to do some- 368. 171 Or. 522, 593,130 P.2d 624,138 P.2d
thing which should be done; or the 916.
323. Town of Gaston v. Thompson, supra.
failure to claim or enforce something
324. See: Douglas County Road Co. v. Can- at the right time. 369. School District 47 v. U.S. Natl. Bank of
yonville and Galesville Road Co., 8 Or. Portland, 187 Or. 360, 211 P.2d 723; Ro-
341. City of Molalla v. Coover et ux, supra, hde v. State Industrial Accident Commis-
102.
cit: Turtle v. Beem, 144 Or. 145, 24 P.2d sion, 108 Or. 426, 217 P. 627; Oregon v.
325. Lowell v. Pendleton Auto Co., 123 Or. 12. Portland Gen. Elec. Co., 52 Or. 502, 95 P.
383, 402, 261 P. 415; Tooze v. Willamette 722, 98 P. 160; Lowell et al v. Pendleton
Valley S. Ry. Co., 77 Or. 157, 162, 150 P. 342. Id.
Auto Co., supra.
252; Baines v. Marshfield & Sub. R. Co., 343. Oliver v. Synhorst (lst), 48 Or. 292. But
supra; Willamette Iron & Steel Works v. 370. City of Molalla v. Coover et ux, supra.
see: Oliver v. Synhorst (2d), 58 Or. 582.
O.R. & N. Co., supra. 371. supra.
344. City of Molalla v. Coover et ux, 192 Or.
326. 2 Elliott, op. cit., 1153 subsec 882. This 372. 192 Or. 233, 253, 235 P.2d 142 (August
244.
has been held in Oregon: Morris v. City 14, 1951); See: C~I.S. Habeas Corpus
of Salem, 179 Or. 666; Oregon Investment 345. 58 Or. 582, 109 P. 762, 115 P. 594. subsec 121; 25 Am. Jun, Highways sub-
Co. v. Schrunk, 242 Or. 63; Boese v. City sec 114-116; 171 A.L.R. 109, 136.
of Salem, 40 Or. App. 381 (1979); Argo 346. City of Molalla v. Coover et ux, supra,
Invest. v. Dept. of Transportation, 66 Or. cit.: Oliver v. Synhorst, (2d), 58 Or. 373. Based on City of Molalla v. Coover et
App. 430, (if done for safety and conve- 582. ux, Supra.
nience of the public). 374. Dabney v. City of Portland, 124 Or., cit.:
347. Oliver v. Synhorst, (2d), 58 Or. 582.
327. Sweet et al v. Irrigation Canal Co., 198 348. Oliver v. Synhorst, 58 Or. 582. 349. City of Clatskanie v. McDonald, 85 Or.
Or. 166, 204. Schooling v. Harrisburg, supra. 670, 167 P. 560.
328. Recognized in: Oliver v. Synhorst, 48 350. City of Molalla v. Coover et ux, supra, 375. City of Clatskanie v. McDonald, supra,
Or.; Christian v. Eugene, 49 Or.; Oliver discussing merits of Synhorst (2d). cit.: Johnson v. Knott, 13 Or. 308, 315,
v. Synhorst (2nd), 58 Or. 582, 109 P. 762,
351. Portland v. Inman-Poulsen Lumber Co., 316, 10 P. 418; Campau v. Detroit, 104 Mich.
115 P. 594; Barton v. City of Portland, 74
66 Or. 560, 562, 62 N.W. 718; San Leandro v.
Or.; Menstell et al v. Johnson et al, 125 Or.;
Le. Breton, 72 Cal. 170, 177, 13 P. 405;
City of Molalla v. Coover et ux, 192 Or.;
352. Nicholas v. Title & Trust Co., 79 Or. Rhodes v. Brightwood, 145 Ind. 21, 30,
Lowell et al v. Pendleton Auto Co., 123 Or.
226. 43 N.E. 942; Gillean v. City of Frost, 25
383. But see: Schooling v. Harrisburg, 42
Or.; Spencer v. Peterson, 41 Or.; Silverton Tex. Civ. App. 371,377, 61 S.W. 345.
353. Barton v. Portland, 74 Or. 75, 144 P.
v. Brown, 63 Or. See: Atty. Gen. Op. 40- 1146. 376. Menstell et al v. Johnson et al, 125 Or.
42 p. 385, county court may prevent
obstruction of platted dedicated roads 354. Dabney v. City of Portland, 124 Or. 54, 377. Barton v. City of Portland, 74 Or. 75;
outside incorporated cities. 263 P. 386. See: Whitney v. Crittenden, et al, 112
Or.
329. Schooling v. Harrisburg, supra. 355. Silverton v. Brown, 63 Or. 418, 128 P.
45. 378. Rev. 4th ed., pp. 1214, 1215, supra.
330. Oliver v. Synhorst, 48 Or. 292, 86 P. 376,
7 L.R.A. (N.S.) 243; but see: Oliver v. 356. Booth v. Prineville, 72 Or. 75, 144 P. 379. Id., cit.: Yaffe v. City of Ft. Smith, 178
Synhorst, 58 Or. 582, 109 P. 762, 115 P. 1146. Ark. 406, 10 S.W. 2d 886, 890, 61
594. A.L.R. 1138.
357. Dabney v. Portland, supra.
331. Portland v. lnman-Poulsen Lbr. Co., 66 380. Blacks Law Dictionary, Rev. 4th ed., su-
Or. 86, 133 P. 829. 358. Hart v. City o/Independence, 84 Or. 194, pra, op. cit.: Hall v. Putney, 291 Ill App.
164 P. 719. 508, 10 N.E. 20, 204; Holton v. North-
332. Nicholas v. Title & Trust Co., 79 Or. 226,
359. Portland v. Miller, 72 Or. 317, 143 P. western Oil Co., 201 N.C. 744. See: ORS
154 P. 391.
1006. Chapter 368, Road Hazards. See:
333. Barton v. City of Portland, 74 Or. 75, 144 ORS Chapter 221 for acts authorized
P. 1146. 360. Oliver v. Synhorst (2d), 58 Or. 582. by the legislature.
15-69
381. See: ORS 105.850 to 105.870 (Action 397. Lowell et al v. Pendleton Auto Co., 123 413. 1 Lewis, Eminent Domain, 3d ed., 169,
for reduced commercial property Or., cit.: Pugh v. Crawford, 176 Iowa 304.
value resulting from staled use re- 593, 156 N.W. 892, 1917 F. L.R.A. 345.
414. Id., cit.: Muhlker v. New York & Harlem
strictions.)
398. Strong v. Sullivan, 180 Cal. 331,181 P. R.R. Co., 197 U.S. 544, 49 L. Ed. 872, 25
382. Barrier v. Troutman, 55 S.E.2d 923. 59, 4 A.L.R. 343. Sup. Ct. Rep. 522.
383. Blacks, supra, cit.: Heeg v. Licht, 80 399. Reed v. City of Seattle, 124 Wash. 165, 415. Sandstrom v. Oregon-Washington Ry. &
N.Y. 582, 36 Am. Rep. 654; Baltzeger 213 P. 924, 29 A.L.R. 446. Hav. Co., 75 Or. 159, 146 P. 803, cit. 31
v. Carolina Midland R. Co., 54 S.C. cases as support. But see: Argo Invest-
400. Elliotts, Roads & Streets, subsec 830.
242; Wilcox v. Hines, 100 Tenn. 538. ment v. Dept. of Transportation, 66 Or.
In Sandstrom v. Oregon-Washington 401. Cypress Lawn Cemetery Assn. v. Lievre, App. 430 (1984), exception made in
Ry. & Nav. Co., 75 Or. 159: For an 55 Cal. App. 228. case of limited access highway; Douglas
injury which an individual sustains Co. v. Briggs, 286 Or.; Highway Com. v.
in common with the general public, 402. Norristown v. Moyer, 67 Pa. 355. Central Paving Co., 240 Or. 71.
he or she cannot complain, though 403. United Cigar Stores Co. v. Von Bargen, 7 416. 3d ed., sec 191.
suffering more than the rest of the Ohio N.P. 420.
public, and in such case, relief, if any, 417. Robbins v. Scranton, 217 Pa. 577, 66 A.
is by public prosecution. 404. Minnich v. Lutz, 18 Ohio N.P. 601. 97.
384. 117 Or. 262. 405. Lowell et al v. Pendleton Auto Co., 123 418. 64 Or. 223, 129 P. 1039.
Or. 400.
385. Lowell et al v. Pendleton Auto Co., 123 419. As I understand it, a demurrer is a
Or. 383, 261 P. 415. 406. Pom. Eq. Jur., sec 1955. formal method of disputing the suf-
407. Thus it was said by one court: It ficiency in law of the complaint (not
386. Bacons abridge., Highways.
simply said, in effect, to the persons really disputing the facts of the situa-
387. 3 McQuillan, Municipal Cor., subsec operating these cabs, so far as the city tion). In this case, the demurrer was on
1322. is concerned, in the congested district the basis that Bernard had a legal rem-
of the city, you may establish taxi edy, other than the lawsuit, to resolve
388. 1 Or. 73. the problem. Therefore, the defendant
stands at the following designated
389. Bernard v. Willamette Box & Lumber places, and the police will not molest should not have to answer the charges.
Co., 64 Or. 223, 129 P. 1039. you. Erbank v. Yellow Cab. Co., 64
420. 21 Am. & Eng. Enc. Law 2d ed. 704.
Ind. App. 144, 149 N.E. 647. See: ORS
390. Kurtz v. Southern Pacific Co., 80 Or. 221.340 (Parking Law Violation). 421. Sec 341, L.O.L.
213, 155 P. 367, 156 P. 794.
408. Cohen v. Mayor of New York, 113 N.Y 422. City of Roseburg v. Abraham, 8 Or.
391. Biogen v. Smith, 34 Or. 394, 56 P. 292, 532, 21 N.E. 700,10 Am. St. Rep. 506, 509.
44 L.R.A. 522; Baines v. Marshfield & 4 L.R.A. 406; Strong v. Sullivan, supra;
Sub. R. Co., 62 Or. 510, 124 P. 672; McQuaid v. Portland & Vancouver Ry. 423. Wood, Nuisance, 3d ed., sec 643.
Wessinger v. Mische, 71 Or. 239, 142 Co., 18 Or. 237, 22 P, 899; Baines v. 424. Joyce, Law of Nuisance, secs 437, 439.
P. 612; See also: 14 R.C.L. 215, subsec Marshfield & Sub. R. Co., 62 Or. 510;
183, and p. 220, subsec 186. Kurtz v. Southern Pacific Co., supra; 425. Wood, Nuisance, 3d ed., sec 674; Fisher
Campbell v. Mayor, 1 K.B.J. 869; Bra- v. Zumwalt, 128 Cal. 493, 61 P. 82;
392. Luhrs v. Sturtevant, 10 Or. 170.
nahan v. Cincinnati Hotel Co., 39 Ohio Stamm v. City of Albuquerque, 10 N.M.
1. Von Buskirk v. Bond, 52 Or. 234, 96 P. St. 333, 48 Am. Rep. 457; Elliott, Roads 491, 62 P. 973.
1103. & Streets, subsec 834; 13 R.C.L., High-
ways, subsec 183. 426. Luhrs v. Sturdevant, 10 Or. 170; Van
2. Lowell et al v. Pendleton Auto Co., Buskirk v. Bond, 52 Or. 234, 96 P. 1103;
123 Or. at pp. 397, 398, cit.: Baines v. 409. Bradley v. City of Oskaloosa, 193 Iowa Moore v. Fowler, 58 Or. 292, 114 P. 472.
Marshfield & Sub. R. Co., 62 Or. It is 1072, 188 N.W. 896.
427. Harniss v. Bulpitt, 1 Cal. App. 140, 81
no answer to the charge of nuisance 410. Lowell et al v. Pendleton Auto Co., P. 1022; Wilder v. DeCou, 26 Minn. 10,
that, even with the obstruction in the supra. For additional information on 1 N.W. 48; Baines v. Marshfield & Sub-
highway, there is still room for two nuisances, see: Gerald O. Dystra & urban R. Co., 62 Or. 510.
or more wagons to pass, nor that the Lillian G. Dystra, The Business Law
obstruction itself is not a fixture, of Real Estate, Interference With Use 428. See: 64 Or. 229, 230, for complete ex-
Hoefler v. Buck, 110 Misc. Rep. 402, 180 & Enjoyment--Nuisance, Ch. 16, planation.
N.Y. pp. 717, 762, The McMillan Co. New
429. Van Buskirk v. Bond, 52 Or. 234, 96 P.
York; and see: Ralph E. Boyer, Survey
395. Id. Thus we said in Morse v. Whit- 1103.
of Real Property, Nuisance, Ch XIII,
comb, supra: Nor are plaintiffs limited
pp. 310, 326, St. Paul Minn., West 430. Morse v. Whitcomb, 54 Or. 412, 423, 102
to the part of the roadway in front
Publishing Co. Refer To: ORS 368.341: P. 788:103 P. 775:135 Am. St. Rep. 832.
of their lots. See also: Cypress Lawn
Road Hazards (on county public
Cemetery Assn. v. Lievre, 55 Cal. App. 431. Love v. Morrill, 19 Or. 545, 24 P. 916;
roads). Note: ORS 271.180 authorizing
228, 203 P. 150; Benjamin v. Storr, 30 Union Power Co. v. Lichty, 42 Or. 563.
certain special uses of public ways.
Term Rep. (Eng.) 362.
411. Cabell et al v. Cottage Grove, et al, 170 432. Sec 3264, L.O.L.
396. Id. The English cases of Maynel v.
Or. But see: Argo Investment v. Dept. of 433. Sec 799, Subd. 34 L.O.L.
Saltmarsh, 1 Keble 647, 83 Eng. Rep.
Transportation, 66 Or. App. 430; City of
1278 (1664) and Rex v. Cross, 3 Camp.
Salem v. Merritt Truax, supra. 434. Sec 3260, L.O.L.
(Eng.) 224 (1812) was cited to supply
a historical basis for the doctrine of 412. Sandstrom v. Oregon- Washington Ry. & 435. Elliotts, Roads and Streets, 3d ed., sec
nuisances. Hav. Co., 75 Or. 159, 146 P. 803. 850.
15-70
436. Bernard v. Willamette Box & Lbr. Co., 64 458, p. 816, subsec 115-337, subsec 449. See: Thornburg v. Port of Portland 233
Or. 223; cit.: 25 Or. 119. 115-347, and subsec 115-307. Cited in Or. 78.
170 Or. at pp. 278, 279 and 280.
437. Fleischner v. Citizens Investment Co., 25 450. See: ORS 374.020 for a definition of a
Or. 119, 35 P. 174. 443. ORS 373.050. county throughway as applied in
438. Virginia v. Rives, 100 U.S. 313; Ex parte 444. 25 Am. J. Juris. 549 subsec 255. ORS 374.420 to 374.430.
Virginia, 100 U.S. 339; Neal v. Dela-
ware, 103 U.S. 370; U.S. v. Cruikshank, 445. 38 Am. J. Juris. 210, subsec 256, cit. in 451. Elliotts, Roads and Streets, 4th ed.,
92 U.S. 542, cit. in Elliott on Roads and Cabell et al v. Cottage Grove et al, supra. Indianapolis, Bowen-Merrill Co., cit.:
Streets. See: Thornburg v. Port of Portland, 233 Savage v. City of Salem, supra. See: ORS
Or. 178. 368.056 (gate construction authorized
439. Elliott, cit.: Chicago, Etc. R. Co. v. Chi-
on certain public roads).
cago, 166 U.S.; Hodgson v. Vermont, 168 446. lbid, cit.: City of St. Paul v. Chicago,
U.S. 18 S. Ct. Rep. 80. Milwaukee & St. Paul Railway Co., 63 452. Thornburg v. Port of Portland, 233 Or.
Minn. 330, 65 N.W. 649, 34 L.R.A. 184; 178.
440. Cabell et al v. Cottage Grove et al, 170
Reed v. City of Seattle, 124 Wash.
Or. 256, 130 P.2d 103.
453. Argo Investment v. Dept. of Transporta-
441. In Cabell the court held that these 447. Reed v. City of Seattle, 124 Wash. 185, tion, 66 Or. App. 430, 1984.
words, with exception of jurisdic- 213 P. 923, 29 A.L.R. 446.
tion, when used in connection with 454. Hickey v. Riley, 177 Or. 32, 162 P.2d
448. A city charter emanates from the state,
judicial tribunals, have no settled 371, 1945.
the sovereign power, in the nature of
legal or technical signification.
a grant. It differs from a constitution, 455. Douglas Co. v. Briggs, 286 Or. 151,157,
442. Subsec 115-351; 1941 Or. Laws, ch. in that the former is granted by the 593 P.2d 1115, 1979.
428, subsec 10, p. 741; subsecs 115- sovereign, while the later is established
349, 115-309, 115-324, 115-393 and ch. by the people themselves. Blacks Law 456. Highway Comm. v. Central Paving Co.,
55, 1941 Or. Laws; 1941 Or. Laws, ch. Dictionary, 4th ed. 240 Or. 71, 74.
15-71
Once a highway always a highway
is an old maxim of the common
law to which we have referred,
and so far as it concerns the
rights of abutters, or others
occupying a similar position,
who have lawfully and in good
faith invested money or obtained
property interests in the just
expectations of the highway, the
maxim still holds good. Not even
the legislature can take away such
rights without compensation.
Elliotts Roads & Streets
16
SUB-CHAPTER
APPORTIONING,
MAPPING AND
ASSESSING THE
ESTATES IN PUBLIC
WAYS AND VACATED
PUBLIC WAYS
16-1
16-2
The rights of abutting owners to the fee in an abut- to an element of dedication being discussed, such as
ting way are seldom guarded with the vigilant care the section on Effect of Common Law and Statutory
with which the abutting property is guarded. Dedications. Little was said about the fee in pub-
lic ways appropriated by lawful means other than
--Elliott, Roads & Streets
dedication; that information will be supplied in this
Much of what has been supplied in this publication section. But to eliminate any false impression that the
is to make you aware that there are reliable principles courts view the fee in dedicated ways as significantly
of law to be used in determining the probable lawful different than the fee in non-dedicated ways, please
owners of the fee in public ways. This volume should note this brief review of cases dealing with both types
communicate to you that the accurate delineation of public ways. The cases are in chronological order,
of the boundaries of lands abutting public ways is beginning with the 1886 case of P. & W. V. R. Co. v. City
dependent on the accurate determination of the own- of Portland 1 and ending with Fossi v. Myers2(1975).
ership of the fee in the public ways. And when the
1886. P. & W. V. R. Co. v. City of Portland, supra ...
ownership of the fee extends to a point on or in the
but the easement or property which the city has in
right of way, the boundary of the abutting property
public streets is of a different character. It is not pri-
extends to the same point on, or in, the right of way
vate property of the city, nor can the city sell or use it for
of the public way. Another thought this volume is in-
other than proper public purposes... This case involved
tended to convey is that your responsibility is to the
a levee. However, the court has held the principles of
rightful owners of the beds of the public ways. And
law applicable dedicated public levees are the same
where common law dictates the rightful owner is a
principles of law applicable to public ways.
private citizen or corporation, your responsibility is
to that citizen or corporation. But if the law dictates 1888. Meier v. Portland C. Ry. Co.3 A common law
that the fee is in the state, a city, or a county, your rededication does not pass the legal title to the prop-
sponsibility is to the rightful owner, i.e. the state, city erty dedicated, it merely transfers the use . . . under
or county. In any case, you must base your decision the statute of this state the land in a street goes to the
on common and statutory law (preferably with the adjoining lot owners when it is vacated...
assistance of legal counsel), not in hearsay, fallacious 1889. McQuaid v. Portland & V. Ry. Co.4 In a convey-
reasoning, assumptions and presumptions. ance of land bounded by a public road or street, the
There are four key reasons why the ownership of the grantee ordinarily takes a legal title to the center
public ways is important: (1) the fee in a public way therein, and:
is as much realty as is the fee in the land abutting the The fee to the land constituting the street is gener-
way, (2) public ways not used for public travel consti- ally conveyed to the adjacent lot owners in the con-
tute taxable real property, (3) the land of public ways veyance to them of lots. The question as to whether
becomes taxable real property the instant the publics a deed to a lot conveys to the center of the street
easement is extinguished by statutory vacation, and depends, of course, upon its construction. It may
(4) modern geographical information systems require limit the conveyance to the exterior line or edge of
an accurate inventory of governmental lands and exit, though ordinarily it extends ad medium filum viae
empt lands. In the rare case where a public way (other (meaning: to the middle thread of the way)... The
than a state highway) is in the ownership of the U.S., lot owners interest attaches long before the rights
State of Oregon, a county or a city, that data becomes of the public arise. The former secures rights by a
an important part of the geographical information deed and because the public thereafter accepts the
system (G.I.S.). While the land of a public way is ex- dedication (as a consequence of the first sale by
empt from taxation, that information is maintained in reference to the plat) it does not follow that the lot
the better information systems. owner is thereby deprived of those rights.
One important note: The rightful owner, designated 1892. Lankin v. Terwlliiger.5 By the location of a county
in the statutory provisions for the vacation of city road, the public only acquires an easement in the land,
and county ways, is the lawful owner. Throughout this while the fee remains in the owner, subject to the charge
chapter, the terms are synonymous. in the public; and when the road is vacated by public
authority, the land covered by it immediately reverts
Review of Cases in the owner, freed from the easement.
1889. Huddleston v. Eugene.6 It is held that by location
In the previous chapters of this publication, the focus of the county road the public acquires only an ease-
of attention was on the dedicated public ways. The ment in the land, while the fee remains in the owner; and
rules and principles of law that related to the fee in when the road is vacated by public authority, the land
dedicated ways were provided whenever applicable immediately reverts to the owner.
16-3
1907. Oliver v. Newberg.7 The plats of the Town of evidence), but a reasonable presumption based on
Newberg, and additions thereto, include the ground probability. But where it appears, however, that the
traversed by the county road now claimed as lst. highway was laid wholly over the land of one person, the
Street, which is marked thereon as First Street and presumption of the general rule is annulled.
although prior thereto, there was an easement over
So it appears that the common law rule to the ef-
the same in the public for roadway, yet the fee remained
fect that adjoining owners had title to the middle of
in the original owner or his grantee.
the highway rested on the presumption that they had
1911. John P. Sharkey Co. v. City of Portland.8 An contributed equally to the road, but if the facts showed
abutting owner on both sides of a street, where an to the contrary, the rule did not apply. In other words,
improvement is being made, is the owner of the soil the facts govern rather than the mere presumption
of a street in front of his (or her) lot to the center of the (of the general rule). Out of this grew the principle
street, subject to the right of the city to improve the (number 26 of this publication) that if the highway
same for purposes of travel; and he does not become is taken wholly from one mans property, and such
divested of ownership (of the soil) by the mere act of highway is vacated, the land in fee reverts to the
the city and contractors in excavating it in order to original owner, or that persons grantees, freed from the
improve the street. public use or easement. 12
1916. Kurtz v. Southern Pac. Co.9 After stating the The ownership of the fee depends, therefore, on the
facts as above: (1) The statute of this state provides ownership of the land at the time the highway was es-
generally that when upon proper application and tablished, and on subsequent conveyances thereof.13
due notice, the county court of any county vacates The right acquired by the public in respect of land
a street, the land so dedicated to the public shall be devoted to highway purposes is ordinarily a mere
attached to the lots or ground bordering on such easement of passage over it, with the powers and
street, and all right or title thereto shall vest in the privileges incident thereto, the fee title remaining as it
person or persons owning the property on each side was before the highway was established,14 passing to sub-
thereof, in equal proportions. That was a statement sequent purchasers of abutting land. Neither a city
of the general rule. In construing this enactment it nor a county had any say in the matter of ownership.
has been held that notwithstanding the dedication of
a city street, the title in fee to the highway remains in the 1927. Cross v. Talbot.15 This was an action of ejectment
dedicator until it passes by a conveyance of a lot; when where the plaintiff sought to recover a small strip of
the grantee takes and holds title to the middle of the land lying along the Portland-Tillamook Highway in
street upon which the land abuts, subject, however, to Hebo (Tillamook County). This will be discussed in
the public easement thereon. a little more detail because it has been cited as late
as 1975 in Fossi v. Myers (271 Or. 611, 533 P2d 337,
The general rule, stated in Kurtz and other cases, does discussed in this section of this publication) as a con-
not control in situations trolling rule regarding the fee in a county road versus
...where the street was wholly dedicated by the metes and bounds descriptions:
owner of property abutting on one side of it--in Lars Jensen took up the homestead, which included
view of the constitutional prohibition against tak- the property in dispute, in the year 1888. In 1898 he
ing private property for private use--and it was en- and his wife conveyed a portion of said property to
titled to such property as against those abutting owners School District No. 13, in Tillamook County, Oregon,
who had not contributed any of it.10 describing said property as follows:
...In Watrous v. Southward11, the court explained: Beginning at a stake 18.5 chains south of the north-
It is a general rule of common law that the fee in east corner of the SW1/4 SW1/4 of Sec 12, T.4S. R.
the land over which a highway passes is owned 10W., W.M.; thence south 4.5 chains; thence north 55
equally by the owners of the adjoining ground. degrees west, 3.05 chains; thence north 28 degrees
This rule, however, is not artificial and of positive west, 3.09 chains; thence east 4.02 chains to the place
institution (that is, the rule is not arbitrarily com- of beginning, containing one acre more or less lying
posed, without any substance, and is not supplied and being in Tillamook County, Oregon...
to govern in every situation), but is founded on the
The above property to belong to School District No.
presumption, in absence of proof, that the highway
13 as long as used for school purposes, when other-
was originally granted by the adjoining proprietors
wise it reverts to Lars Jensen, his heirs or assigns.
over their lands, in equal proportions. This general
rule is not a presumption juris et de jure (of law an When the conveyance was made, the westerly line
absolute right; an irrefutable presumption; a pre- of the property actually coincided with the east line
sumption that cannot be proven wrong by counter of the county road, although the road was not in any
16-4
way mentioned in the conveyance. The school district rule of Principle 62. It not only provides some clarifi-
held the property under this deed until the seven- cation of Principles 61 and 62, but supports the rule
teenth day of June, 1916, when the school district stated as Principle 27.
and Jensen conveyed a portion of said property to
The weight of authority is to the effect that where the
Florence V. Getcheil, the property conveyed being
land described by metes and bounds actually abuts
described as follows:
upon the highway, the grantee, in absence of some
All the north end of the school grounds lying clear intention on the part of the grantor to otherwise
north of a line 16 feet north of woodshed and in limit the description, will take to the center of the
line with said iron pin driven in the edge of the highway to the same extent that he would had the
county road. highway actually been mentioned as a boundary.
It is stipulated in this case that the plaintiff herein The rule is thus stated in 9 C.J. 199:
owns, through proper conveyance, the real prop-
The general rule that the grantee of land bounded by
erty described in the later deed. The evidence in
a street or highway takes to the center thereof is not af-
this case shows that the county road, established
fected by the fact that the land is not described in the deed as
long prior to the year 1898 (when the school district
bounded on the highway, provided it is actually so bounded.
acquired the property from Lars Jensen), was, after
The presumption that it was not the intention of the
the year 1898, moved a short distance away and
grantor to withhold his (or her) interest in a street or
westerly from the original school tract; the distance
highway to the middle of it, after having parted with all
being described as from ten to thirty feet. It is this
his or her right to the adjoining land, is just as strong as
strip of land lying between that portion of the origi-
if the conveyance had expressly mentioned the street or
nal school tract, now owned by the plaintiff, and
the highway as a boundary.
the present highway, that is now in dispute; and
this is the strip of land described in the complaint Principle 61
which the plaintiff seeks to recover possession.
It is a well settled rule of construction that in case of am-
We find no evidence in the record as to how the
road came to be shifted, whether by official order or biguity in the conveyance the construction most favor-
otherwise; and no evidence tending to show whether able to the grantee must be adopted. And where there
the original road, as it existed before the change, was is doubt as to whether it was intended to convey land to
formally vacated. But it seems to be assumed that this the center of the adjoining highway, it will be presumed
part of the transaction was regularly done. that it was so intended?17
The plaintiff claims that by reason of his purchase The presumption of an intent to convey title to
of the north end of the school tract, and by reason of the center of a street or highway is not overcome
the fact that the land described in the original deed by the fact that the land conveyed is described by
from Jensen to the school district actually coincided metes and bounds, and that the distances stated in
with the easterly line of the highway, and that upon the description of the deed do not extend to the
the vacation or the shifting of the road, that part center of the street or highway. 18
included in the original highway reverted to the
In the case of Wright v. Day19 the court said:
original grantor Jensen or his heirs.
The plaintiff being the owner of all the land to the
The dispute arises here from the fact that the
river, and not stopping at the meander line as his
defendants in this case procured from the heirs
boundary, at the time of his conveyance to Fletcher,
of Jensen a deed to this triangular strip, claiming
must be presumed to have conveyed, and to have
that the part of the old highway had reverted to the
intended so to do, as he himself held, and according
heirs of Jensen, and that they therefore became the
to his true boundary on that side, unless the deed, by
owners of it; that the true boundary was described
clear and unmistakable words, evinces a contrary in-
by metes and bounds in the Jensen deed and the
tention, and a design to make the meander line a new
fact that the westerly line of the school district
boundary in the direction toward the river.
tract actually coincided with the original highway
could not be taken in consideration, and that the In the case of Buck v. Squiers,20 the court said:
school district was confined to that portion of the
The rule itself is mainly one of policy, and one
land described by metes and bounds, which they
which, to the unprofessional, might not seem of the
claimed left a triangular strip in dispute in the heirs
first importance; but it is at the same time one which
of Jensen. 16
the American courts especially have regarded as at-
The following principle from Cross is similar to the tended with very serious consequences when not
statutory rule for construction, Principle 61, and the rigidly adhered to, and its chief object is to prevent
16-5
the existence of innumerable strips and gores of land along contended for by the plaintiff, the fee in the street be-
the margins of streams and highways, to which the title for come immediately vested in the plaintiff freed of the
generations shall remain in abeyance, and then upon the public easement; and the public easement thus lost
happening of some unexpected event, and one consequently could be restored only by condemnation, purchase or
not in express terms provided for in the title deed, a boot- some contract entered into with the owner.
less, almost objectless litigation shall spring up to vex and
1960. McAdam et ux v. Smith et al26 In the unusual cir-
harass those who in good faith had supposed themselves
cumstances where the grantor owns the entire bed (of a
secure from such embarrassment.
non-navigable river) but no land on the opposite shore,
That statement was provided in the first edition of it would seem clear that the title to the entire bed would
this manual. Read it again! It represents an important pass (to the grantee, even though not mentioned in the
as well as practical consideration of American juris- deed, and where not expressly reserved by grantor). It
prudence deciding on the ownership of the fee in is important to note that in cases discussing the issue of
public ways and non-navigable streams. the bed of non-navigable waters, the courts apply the
same rules of construction as applied in cases consid-
The case is a very instructive one, and the fact
ering the beds of public ways. McAdam is an excellent
of the location in the present case shows a reason
example of such a case.
grounded in the highest public policy for such a
holding. There is nothing here to indicate a con- Similar rules are applied where the description
trary intent on the part of the grantor of the school calls for a line running to a designated street, alley
tract than to convey the property with all the ease- or, in some jurisdictions, a private way.27 Title to
ments which would attach to it. It is inconceivable the land in the street passes to the grantee; in the
that the grantor would convey to the directors of usual case the land up to the center line is deemed
the school district, a tract for the purpose of erect- to pass28 (when the street fis] not expressly reserved
ing a school building, and at the same time have by grantor; and even though not mentioned or
in mind to cut off access to it by means of a county described in deed); or where the grantor owns the
road. As before stated, we think the great weight of entire underlying area and no land on the opposite
opinion is contrary to this.21 side of the street, all of the underlying area passes
to the grantee29 (when the grantor had the underly-
In the Cross case, the court reversed the lower court de- ing fee in all of the bed of the street).
cision, stating that presumably the circuit court judge
was evidently misled by the language of Lankin v. Ter- Where the description does not mention the street,
willige22. In short, it held to the following principle: river or other similar boundary, but the deed de-
scribes the parcel so that, in fact, it is adjoining, the
Principle 62 title to the bed passes the same as in the street or other
boundary was expressly mentioned.30
Where land described by metes and bounds actually
abuts (touches) on the highway, the grantee, in absence 1969. Fahey v. City of Bend.31 This was an action for
of intention of the grantor or otherwise to limit the de- slander of title and trespass to land.
scription, takes to the center of the highway, even when The land in dispute is the west one-half of a vacated
the highway is not mentioned as a boundary? street lying adjacent to Lots 1 and 2, Block 26, Bend
Park, City of Bend, Oregon. The complaint alleges
1928. Menstell et al v. Johnson et al24 The original that the street was vacated in 1952 and that the city
owner, though he has the naked fee, has no right subsequently took title to Lots 1 and 2 for unpaid
whatever to interfere with the premises, except where street assessments. Thereafter the city conveyed Lots
the use becomes absolutely impossible, or where the 1 and 2 to the plaintiffs predecessors in interest. The
corporate authorities seek to put the premises to plaintiffs allege that they acquired title to the disput-
some (unlawful) use... ed strip by virtue of these conveyances. It is then al-
leged that the defendants slandered plaintiffs title by
1933. Portland Baseball Club v. Portland.25 In this state
purporting to convey the disputed strip (the vacated
the rule is that where land has been dedicated or appro-
street abutting Lots 1 and 2). In a second count plain-
priated for a public street, the fee in the street remains
tiffs allege that defendants Duff and Burdett tres-
in the original owner subject only to the public ease-
passed upon the strip. The demurrer to the complaint
ment and, upon vacation of the street, it reverts to the
was sustained on the ground that plaintiffs allegation
owner of the abutting premises freed from the ease-
of title to the disputed strip was not supported by the
ment. Under the undisputed testimony, the plaintiff is
facts pleaded.
the sole owner of the abutting premises on both sides
of that portion of the street conditionally vacated, and It is clear that if the street had not been vacated
if the condition annexed to this ordinance was void as prior to the conveyance to plaintiffs predecessors
16-6
in interest, plaintiffs would have acquired title to the cases involving an undescribed strip are applicable
west one-half of the street adjoining Lots 1 and 2 by where, as here, the strip and its use is described. We
the deed which described the land simply by the lot think that in absence of an express provision withhold-
description. The question is whether the same rule ing in the grantor title to the strip described or circum-
should be applied when the conveyance is made after stances clearly indicating an intent to withhold title, it is
the adjoining street has been vacated. fair to assume that a statement in the deed of a present or
proposed use ordinarily indicates an intention to reserve
There are cases which hold that the vacated strip
only an easement in the strip. 38
does not pass by conveyance describing only the lot
without reference to a street.32 1975. Fossi v. Myers.39 This case will be cited in detail
because it is relatively recent, and is instructive on
The reason generally given is that the vacated strip
how the Oregon Supreme Court considers the issue
is then a separate tract of land in no wise appurte- of title to streets. The decision is applicable to both
nant to the adjoining tract.33But this is a statement of dedicated and non-dedicated public ways.
a conclusion rather than a reason. The vacated strip
can be treated as a separate tract or as part of The issue before the Multnomah County Circuit
one single tract depending upon what ends are Court was:
best served. Where the street is in existence at the In 1954 Hudson Investment Company conveyed
time of the conveyance, the street portion of the lot a portion of its real property, known as Parcel B,
is held to pass on the theory that in absence of an located near the middle of its holdings, to the City
express reservation of the title to the strip it may be of Portland for a street. Parcel B is 80 feet wide. In
assumed that the grantor intends the title to pass. 1960 Hudson conveyed parcels on both sides of the
This implication is made on the ground that the street to other parties. The defendants Myers and
grantor would normally have no use for the small Bishoprick can be regarded for this case as succes-
narrow strips of land constituting the street portion sors to these other parties. In 1971 the city vacated
of the lot. It has also been said that this rule of con- the street. In 1973 Hudson conveyed its interest
struction is founded on the policy of discouraging in Parcel B (the 80 foot street) to the plaintiff. The
vexatious litigation.34 defendants (owners of abutting real estate) claim
The opinion of the court was: Parcel B as owners of the property adjoining the
vacated street and the plaintiff claims as grantee of
1, 2. For these reasons it has been held in some ju- Hudsons interest in Parcel B.
risdictions that a conveyance made after the vaca-
tion of the street carries with it the street portion of The deeds by Hudson to the city recited that the
the lot.35We concur in this view. No distinction should property was conveyed for street purposes for the
be made between conveyances made before and convey- benefit and use of the public... All parties agree that
ances made alter the vacation of the adjoining street; in by this conveyance the city obtained only an easement and
both cases the adjoining strip should be held to pass by Hudson retained the reversionary interest (the fee).40
the deed in absence of the manifestation of a contrary Hudson conveyed the parcels adjoining the street
intent. by deeds describing the property by metes and
1973. Hurd v. Byrnes36 This case was cited in Fossi v. bounds. The boundary was the edge of the street.
Myers. 37 For example: ... to an iron rod at the point of inter-
section with the south line of that 80 foot wide par-
We have assumed that in absence of an express cel of land deeded for street purposes to the City
provision to the contrary the grantor, in convey- of Portland...; thence south 89 degrees 42 30 east
ing land described as bordering a street or stream, along the south line of said 80 foot street... ~
ordinarily intends to also convey title to the street
portion of the lot. This rule of construction is also The circuit court entered a judgment in favor of Fossi,
founded on policy considerations, including the the grantee of the street, conveyed to him by Hudson
in 1973. But the Oregon Supreme Court reversed that
prevention of vexatious litigation and the preven-
decision and held for the appellant, Myers. The court
tion of the existence of strips of land the title to
explained:
which would otherwise remain in abeyance for
long periods of time. Our most recent statement on this issue was in
Hurd v. Byrnes: 41
It is our opinion that the rule of construction ap-
plied in our previous cases where the strip was We have assumed that in absence of an express
not described (strips bordering a street or stream) provision to the contrary the grantor, in convey-
should be applied in the present case, although we ing land described as bordering a street or stream,
recognize that not all of the reasons advanced in the ordinarily intends to also convey his title to the
16-7
street portion of the lot or to the bed of the stream. by metes and bounds, and the distances stated do not
This rule of construction is also founded on policy extend to the center of the highway.
considerations, including the prevention of vexatious
litigation and the prevention of the existence of strips of In Banks v. Ogden49 the court said:
land, the title to which would otherwise remain in abey-
It is a familiar principle of... law that a grant of land
ance for long periods of time...
bordering on a road or river, carries title to the center
Fahey v. City of Bend42 and McAdam v. Smith43 are in of the river or road, unless the terms or circumstances
accord. of the grant indicate a limitation of its extent by the
Cross v. Talbot had facts very similar to those in exterior lines. Skelton50 comments on this rule, say-
the present case. The deed to the property adjoining it is applied:
ing the road described the property by metes and To land described as bounded on, running along
bounds and the boundary was at the edge of the the highway, and the like, even though the expressed
road. We held the fee to the center of the highway dimensions exclude the highway51 and in no wise con-
was conveyed when the grantor conveyed the flicts with the principle that a call for a monument
property adjoining the road, i.e.: takes to an exterior point or line of the same, as ex-
We are of the opinion, and we take it, that the plained by Justice Gray in the following.
weight of authority is to the effect that where the land
Whenever land is described as bounded by other
described by metes and bounds actually abuts upon
land or by a building or structure, the name of
the highway, the grantee, in absence of some clear in-
which, according to its legal or ordinary mean-
tention of the part of the grantor to otherwise limit the
ing, includes the title in the land of which it has
description, will take to the center of the highway to
been made a part, as a house, a mill, a wharf, or
the same extent that he would had the highway been
the like, the side of the land or structure referred to
actually mentioned as a boundary.45
as a boundary is the limit of the grant; but when the
ORS 93.310 codifies the common law rule of con- boundary line is simply by an object, whether natural or
struction relied upon in these cases. artificial, the name of which is used in ordinary speech,
It provides: The following are the rules for con- as defining a boundary and not as describing title in fee,
struing the descriptive part of a conveyance of and which does not in its description or nature include
real property, when the construction is doubtful, earth as far down as the grantor owns, and yet has width
and there are no other sufficient circumstances to as in the case of a way, a river, a ditch, a wall, a fence, a
determine it: tree, or a stake and stones, then the center of the thing so
running over or standing on the land is the boundary of
... (4) When a road or stream of water not navi- the lot granted. 52
gable is the boundary, the rights of the grantor to the
middle of the road, or the thread of the stream, are Skelton lists six basic reasons for the rule, most of
included in the conveyance, except where the road which have been covered in the citation of Oregon
or bed of the stream is held under another title.46 cases. But one reason deserves consideration: (4)
The concern of the state and other political units as to
The court delivered the following opinion:
who shall determine and pay for improvements. 53
1-3. At least when the evidence of the conveying
partys intention is the language in the convey-
ance, the partys intention is not to be decided as a Estates or Interests in
question of fact. ORS 93.310 and our cases provide
and hold that when a conveyance describes property as Rights of Way Acquired by
bordering on a street, absent an express provision in the
conveyance to the contrary, such a conveyance includes Government
the fee to the street.47
An accurate real property inventory cannot be de-
That ruling most certainly constitutes adherence to the
veloped if the cartographer fails to recognize the
following principle from in the 1881 case of Knott v. Jef-
right, title or interest in the real estate of any person,
ferson Ferry Co.,48 and demonstrates a very consistent
persons or corporation. Of course, the major concern
attitude towards the ownership of the public ways.
must remain with the lawful right, title or interest of
Principle 63 the private owner or owners of real estate. However,
that concern cannot be at the expense of the lawful
It is held that the presumption of intent to convey to the right, title and interest in the real property of the
center is not overcome although the land is described state, the cities or the counties. To ignore the rights
16-8
of the latter would not be in the best interest of the construct, maintain, repair, control and regulate pub-
citizens of this state. lic ways. Having the underlying fee in those ways
would not provide them with any additional needed
The emphasis, up to this point in the chapter, has been
power and authority.
on the underlying fee in dedicated ways, i.e. held, in
most situations, by an abutting owner or by abutting However, as stated in the introduction to this discus-
owners. It has been important to emphasize that the sion, cities and counties do possess fee simple absolute
state, cities and counties do not acquire the fee simple title in certain dedicated public ways; more precisely,
absolute title merely as a consequence of having ju- in parts of certain dedicated ways. How? The
risdiction over certain public ways. The impression answer is simple: As a consequence of being either
effected by this emphasis is that neither the state, the the dedicator or the lawful owner of realty abutting
cities or the counties may acquire or hold the fee in any a public way; that is, an owner of abutting realty that
public way. With few exceptions, the governmental was originally property of the dedicator at the time
entities could not acquire the fee in non-dedicated of dedication. Simply stated, a city or county can be
ways. But the truth of the matter is that there are vested with the fee in a dedicated way, in the same
situations where the state, cities and counties can manner as a private individual can be vested with the
hold the fee in dedicated ways. They have, in certain fee in the dedicated way.
situations, statutory authority to acquire the fee in
non-dedicated public ways. The remainder of this Figure 4-4 (page 3-8) illustrates an example of one
subsection will explore some situations where a city way a county can be vested with the fee in a city
or county holds the fee in a dedicated street, and the street.
key legislative enactments that provide for the acqui- In this case, the county purchased Block 23 of R.
sition of rights of way by the various governments. Truscotts First Addition for the future location of
the county administration building. The deed, as re-
Dedicated Ways corded on page 390 of volume 127, was for:
Principle 1, paraphrased, defines dedication as: An ap- Block 23, R. Truscotts

propriation of realty, by the owner, to the use of the public First Addition.
and the adoption, thereof, by the public having respect to Pacific Street, Jackson Street and Sixth Street were all
the possession of the land, but not the permanent estate54 dedicated to the public on the plat of R. Truscotts
Regarding the effect of common law and statutory First Addition. Neither the dedicator nor any sub-
dedication: sequent grantor had expressly reserved fee simple
absolute in any of those streets.
Principle 24 paraphrased. In City of Burlingarne v.
Norberg55 and DeCastello v. Cedar Rapids56 the effect of a Seventh Street was dedicated on the plat of J. Harp-
dedication was held to be: ers Addition. It had never been expressly reserved
by the dedicator or any subsequent grantor of Block
... not to deprive a party to title to the land, but to 55 of that subdivision.
estop him or her, while the dedication continues in
force, from asserting that right of exclusive posses- What is the extent of fee simple absolute title of the
sion and enjoyment which the owner of property countys subject real estate? Do not be misled by
has.57 who owns Block 23 or who has jurisdiction over
the streets.
The dedication involves rather a right to the use of
the land against interference from the dedicator.58 If this volume has been successful in communicating
the pertinent principles of law to you, your answer
Together, these principles make one of the most im-
should be: The owner of Block 23, the county, has fee
portant points of this entire publication: It is not the
title to all the land embraced in the property bounded
purpose of the dedication of a public way to grant fee sim-
by lines connecting at points A, B, C and D, subject
ple absolute title, with the right of disposal, to the public,
to the public easement over the abutting dedicated
or to any public body or agency. The dedication merely
ways. The answer would be the same if Block 23
provides the public with the necessary interest to
were owned by the city, state, a private citizen or the
use the land for travel from place to place without
federal government.
interference from the dedicator, his or her heirs or
grantees. The public is legally incapable of being a Then what interest does the city have in the street?
grantee of the fee in land.59 As for the governmental The answer is: The city is the guardian of the streets
entities, the courts have made it clear that the law for the public. It is responsible for keeping the streets
of dedication and statutory law already provide cit- open and unobstructed for free use by the public for
ies and counties with ample power and authority to travel from place to place. The legislature has pro-
16-9
vided the city with jurisdiction to do those things The reason is simple. The fee simple title in the dedi-
necessary to maintain the way for safe, open, free, cated ways exists throughout the period of time the
unobstructed use by the public. However, the city is dedication is in force. That interest has been held to
neither the owner nor the trustee of the fee simple ab- be property within the meaning of the constitutional
solute estate in any of the streets within the polygon prohibition against any unlawful taking of private
A, B, C, D. But as the owner of Tract B of Truscotts property. Consequently, any vacation statute enacted
First Addition (north of Pacific Street), the city has by the legislature that would take the property law-
the underlying fee in the north half of Pacific Street. fully held by any owner of abutting real estate, then
That is not because it has jurisdiction over the street, vest it in a different owner, would be void for want of
or because the street is within the city limits, but as jurisdiction, and would be repugnant to the constitu-
tion. Consequently, it would not be law. If a sovereign
a consequence of being the owner of abutting real
authority planned to use the property for public use
property. The lawful fee simple is absolute title to the
(which is not the same as for use by a public body),
bed of that part of the street. That estate is as subject
it could take the property as provided for in the
to the public easement created by the dedication, as it constitution. However, that would involve eminent
would be if tract B was owned by a private citizen. domain proceedings requiring legal actions separate
And finally, would the vacation of any of the streets and distinct from the act of vacation. See the subsec-
abutting Block 23 change the ownership of the under- tion on Statutory Vacation.
lying fee in the streets? The answer is no. The fact Who owns that part of Seventh Street abutting Block
is, to do so would constitute an unlawful taking of 23 on the east-side? The answer: The private owner of
real property,60 The following statement is a bit pre- that part of Block 55 of John Harpers Addition that
mature, but it is important to this discussion. A vaca- abuts Seventh Street. As already explained, a vaca-
tion is for the simple purpose of extinguishing the publics tion of Seventh Street would merely extinguish the
easement. It serves no other purpose. public easement, thus relieving the servient tenants
16-10
(the owner of the parcel bounded by lines connecting 70 American Law Reports Annotated is instructive in
at points A, D, E, F) servient estate of the dominant the situation we have just described. It notes that in
tenants (the public) dominant estate. some jurisdictions similar wording was held to con-
stitute a mere easement.
One situation litigated in other states could exist in
Oregon. However, the Department of Revenue Carto- Even in states where a statutory requirement
graphic Unit has no recollection of ever encountering exists, requiring the fee in public ways vest in a
it in the statewide mapping program. In this situa- municipality or county in trust and for the uses
tion, the dedication of the plat included a donation therein named, expressed or intended, and for no
of the fee in the dedicated ways in trust to the city. other use or purpose. .. it would not be a conveyance
Because it is possible that such a donation has been of fee simple in title, but a conveyance in trust for the
made in this state, the problem should be discussed. purposes named, expressed or intended and for no other
But understand, no comparable Oregon Supreme use or purpose. In states making such a provision,
Court case could be found that would tell how such A city cannot vacate a street, then use the land for
a donation would be viewed in Oregon. Therefore, its own purpose,63 A statute requiring dedica-
consider this discussion as food for thought, rather tion to the public, and the fee vested in the city for
than a solution for mapping and assessment pur- public purposes does not mean that absolute fee in the
poses. streets is vested in the city with the right of disposal by
The donation is expressed in the part of the plat la- deed, but simply the right for the use of the public... The
beled Dedication. It is usually preceded by a state- wording or ruling that the fee passed to the county
ment such as: for public purpose makes a mere easement .... Even if
called a conveyance in trust the result is the same
I, (dedicator), depose and declare that I am the .... Even in light of a city charter, the fee still remains
lawful owner of the parcel of land herein platted in the dedicator or grantee.64
as ____to____ City; more particularly described in
the Surveyors Certificate above, and that I have In Carter Oil Co. v. Myers,65 it was stated that:
caused the same to be surveyed, subdivided and A defeasible fee simple can be granted by dedica-
platted as shown on the plat of this addition; and tion if the express language in the conveyance or
I do for myself, my heirs and assigns hereby dedi- other evidence makes it clear that such a limita-
cate, donate and convey to the public61 for use for- tion on the fee is intended. However. Such a
ever, the streets and alleys as platted herein. limitation upon a grant of fee simple is not favored
Before examining the donation that follows the dedi- in the law, and no such language will be so inter-
cation statement, the words donate and convey preted if the provision will bear other reasonable
need to be evaluated. The wording of the dedication construction,66such as an easement only. But
statement is typical of that expressed in most of Ore- where the dedication is by conveyance in trust to a
gons subdivision plats, including the words donate grantee capable of taking such title (as a fee in trust)
and convey. A few Oregon cities and counties have passes as the deed purports to convey.67
interpreted dedications containing donate and con- And in Green v. Kunkel,68
vey as constituting grants of the county.. However,
that is an incorrect interpretation of the statement. A dedication or title acquired by the dedication
of property usually depends on the method or the
If donate and convey did effect a grant, it would nature of the dedication and the intent of the dedi-
be to the public because the public is clearly desig- cator ....Whether a conveyance of land to a munici-
nated as the recipient of whatever is being vested. pality or other branch of government reciting that
But the court has held to the principle that the public it is made for road or street purposes conveyed the fee
is incapable of receiving the fee to any real estate 62. title or a mere easement depends on whether lan-
Consequently, without a valid grantee, there could be guage of the deed considered as a whole indicates
no grant.
the grantors intention to convey land itself or only
More importantly, the dedication statement contains an easement therein. 69
words of limitation that reduces the interest being
Leadvie v. Bohn Min. Co.70 says:
conveyed to that of an easement, i.e. for public use...
streets and alleys... Under a statute which provides that the fee of the
streets dedicated for public use shall be deemed
Here is the donation that is attached to the dedica-
public property and vest in the city it has been held
tion:
that the city acquires such an estate as is reason-
Donating to____ City, the fee, in trust, in all the ably necessary to enable it to utilize the surface
streets and alleys herein dedicated to the public. and so much of the ground underneath as might be
16-11
required for laying gas lines, building sewers, and of the municipalitys own property, or of property
other municipal purposes. privately owned.76
The following is pure speculation based on informa- Figure 4-4 can be used as an example of a common
tion that might be misinterpreted. The wording of the law dedication by a city. The city owned Tract B
donation effects the donation of a fee simple defea- north of Pacific Street. An intent to dedicate will be
sible, in trust, that remains in the city for the duration presumed if the city (1) decided to extend 6th Street
of the easement. Upon vacation of a street or alley, north through Tract B, (2) treated the way as a public
the fee simple absolute reverts to the lawful, rightful thoroughfare, (3) showed it as a public street on city
owners. Even if this is not exactly the estate donated, maps, (4) placed stop signs, city lighting and other
an excellent possibility exists that the vacation would improvements associated with city streets, and (5) al-
not only act to extinguish the publics easement, it lowed the public to use it. However, as dedicator and
would extinguish the conditions of the dedication abutting owner, the city is the lawful owner of the fee
and donation so far as they relate to the street being simple absolute title in the bed of the street. If the city
vacated. The consequence being to end the period the sells abutting property on one side of the street, the
city held the fee in trust, and to vest the fee, released underlying fee in one-half the street, abutting the re-
of the burden of the public easement, in the rightful alty sold, will be presumed to be in the grantee of that
owner. property, unless the city makes an expressed reserva-
tion of the fee in the street. In this example, the effect
It would be justifiable to ask: If the donation did not of the dedication, and any grant of abutting property,
vest the city with fee simple absolute title, with the is exactly the same as if Tract B were owned by a pri-
right of continued possession, or the right of disposal, vate individual who made a common law dedication
then what would be the purpose of the donation? of the street.
The purposes of such a donation may be (1) to en-
force the continued use of the land of the streets and Statutory Considerations
alleys for the purpose of public travel, and (2) to give
the city maximum authority to prevent the bed of the Now it is essential to introduce certain principles of
streets and alleys from being used for purposes other law and statutory provisions governing primary and
than public travel.71 secondary state highways. You will learn that some
state highways, or sections of highways, are former
If you are faced with the problem of apportioning county roads. Moreover, some roads now under ju-
any dedicated way, for mapping and assessment pur- risdiction of counties were, at one time, under juris-
poses, that includes a donation like or similar to that diction of the Oregon Department of Transportation
discussed here, you should seek professional guid- (formerly the Oregon Highway Commission). The
ance from legal counsel. State of Oregon acquired the fee in many sections of
state highways. Therefore, it stands to reason that
Cities or Counties as Dedicators the counties would acquire the fee in many (but
not necessarily all) sections of highway transferred
The court, in Mid-County Cem. Dist. v. Thomason72 held to county jurisdiction. In such situations, a county
that the power of a municipal corporation includes would acquire no greater estate in the bed of any sec-
the undisputed right to dedicate its property by impli- tion of former highway than the state held in the bed
cation, i.e. to make a common law dedication. In this of the highway.
case the defendants contention was that the charter
of Canyon City, which provided a method for dedi- In this discussion, statutory authority for the state to
cating city streets, was exclusive, and abolished the acquire right, title or interest in land being obtained
creation of any street by common law dedication. The by purchase, agreement, donation or the exercise
Supreme Court disagreed, saying: Common law of the power of eminent domain will be cited. Sev-
dedication may be either express or implied73 and the eral situations where one or another statute has been
general rule as stated in McQuillin is: misinterpreted exist. One factor contributing to this
problem has been the disregard of the correct defini-
Statutory dedications are those made pursuant to tion of the words owned, right of way, may, real
the provisions of the statutes, but they are not exclu- property and similar words that have common, ac-
sive of the common law method.74 cepted, and precise meanings that control the effect
of the statutes.
Ample support for this statement is found in the
decisions of the courts.75 Therefore, regardless of the Owned, for example, has been taken to mean,
provisions of the city charter, the court held that they having fee simple absolute title. If this were the
were not exclusive of common law dedication, either sole meaning of the word, it would be impossible
16-12
to own any lesser estate in real property, e.g. an can it be taken for other than public use and without
easement across real property. But in defense of the just compensation. The legislature has the authority
presumption that it means having title to something, to limit, but not expand, the states power. The prin-
Blacks Law Dictionary77 defines owned by as mean- ciple actually speaks to the abuse in the discretion ex-
ing. An absolute and unqualified title. However, ercised in determining what level of estate was nec-
it also notes that own does not necessarily signify essary to accomplish the purpose of an acquisition.
absolute ownership in fee. Regardless of its technical It was made in reference to a taking under eminent
meaning, the statute designates the right owned as a domain procedures, rather than the purchase of the
right of way.78 land from a willing seller. Regardless, from a politi-
Right-of-way, as defined by Blacks79 is: The right cal standpoint, the principle should be considered in
of passage over another mans ground; and its legal every situation where a governmental entity acquires
and generally accepted meaning a mere easement rights-of-way for road, street or highway purposes.
in the land of others. It would be using the term in an It is presumed that the legislature recognizes the need
unusual sense by applying it to an absolute purchase to exercise discretion when acquiring the right, title
of the fee simple in lands....80 or interest in the land needed for public highways. It
It was held in Highway Comm. v. Pac. Shore Land is also presumed that it has delegated the authority
Co81 that the term right-of-way, within the statute to make such acquisition, and that the recipients will
granting the State Highway Commission the power apply it in good faith, with discretion and exercis-
to acquire land for rights of way, has its usual and ing professional judgment, and in accordance with
ordinary meaning. The power granted is simply the Oregon law. When the state, county or city has been
power to acquire property deemed necessary for the delegated permission to acquire the fee in land to
construction of a highway for use of vehicular and be used for right of way, that level of estate will be
other travel.82 But the legislature has authorized the acquired only where the public use requires such an
Department of Transportation to acquire fee title estate, e.g. for a throughway where controlled access,
when acquiring land for right of way purposes. So and the rights to full use necessitates acquisition of
the term right of way includes land acquired in fee, the fee. Therefore, the word may does not imply the
as well as land where only an easement has been ac- total right, title or interest acquired. It merely autho-
quired83 rizes the maximum estate that can be acquired.
May means have permission to, rather than Real property is a term used in several sections of
shall. Yet, it is often presumed that the governmen- the present Highway Code. It is not uncommon for
tal body or agency vested with that permission must the term to be presumed to always mean property
always acquire the full extent permitted, i.e. the fee held in fee. However, the term, as defined in the
simple absolute title. code, includes lesser estates and interests in prop-
erty, e.g. as in ORS 366.332. Blacks includes: Rights
Principle 64 issuing out of, annexed to, and exercisable within or
about land.85
There are strongly reasoned cases holding that in no
event can a legislature authorize the taking of a greater Eminent domain is the power vested in the sover-
estate than that which is necessary for the public use, eign (the United States and each state of the Union)
and when an easement is sufficient, no greater estate to take real property within its jurisdiction for public
can be appropriated84 use without the owners consent, but upon paying
due compensation.
States may take property in fee, but only where the na- The Oregon Highway Code provides for the taking of
ture of the public purpose requires for its full enjoyment real property (usually the fee, easements, and some-
an estate in fee, or where the statute expressly authorizes times leasehold interest in buildings) for right of way
the seizure of an estate of that magnitude. purposes.
We have employed the term easement as descriptive of The subject of eminent domain is too complex and
the estate in which the public acquires in a road or street, extensive to discuss here in detail. However, refer to
and we think the term an appropriate and significant
ORS Chapter 35 to get a feeling for how the power is
one....
exercised in Oregon. If you wish to look further into
Principle 64 is not as restrictive as it appears. The this subject, refer to Jane A. Gearharts86 excellent
right of eminent domain, vested in the state, is abso- treatise, Condemnation Procedures in Oregon, in
lute and not subject to judicial review, being a politi- Volume 46, Number 2 of the Oregon Law Review.
cal rather than a judicial matter. Property cannot be One point made by Gearhart puts the power of emi-
taken in total disregard of the necessity of its use, nor nent domain in perspective:
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The power of eminent domain is inherent in the state; specify authority and limitations when establishing
the Oregon and Federal Constitutional provisions are not a state highway through cities;
grants but limitations of the power. Although the power and the like.
is delegable to subordinate agencies of the state, the delega-
tion must be by express statutory authority. Such author- For a better understanding of the state highway laws,
ity will not be implied87 nor can the power be exercised for refer to the statutes.
purposes other than public use or benefit. 88 Beginning with ORS Chapter 366:
This point was made in Huddleston v. Eugene89 and
Portland v. Kamm:90 Statutes authorizing the condem-
Principle 65
nation of private property for a public use are wholly ORS 366.005 defines state highway as: Any road or
in invitum, and since they are in derogation of vested highway designated as such by law or by the Oregon
rights, must be strictly construed. Transportation Commission pursuant to law and in-
And Elliott cites this principle from Blackman v. cludes both primary and secondary state highways.
Halves?91
ORS 366.215: The Oregon Transportation Commis-
The legislature may cause public roads and streets sion may select, establish, adopt, lay out, locate, alter,
to be laid out, opened, or widened, whenever in relocate, change and realign primary and secondary
its judgment the public welfare or convenience state highways.92
demands, and this it may do against the will of
the land owners. Such a right to seize property for ORS 366.220(1): The Oregon Transportation Com-
public roads and streets is an inherent attribute of mission may select, establish, designate, construct,
sovereignty. Every citizen acquires and holds his maintain, operate and improve or cause to be con-
property subject to this paramount dominion of the structed, maintained, operated and improved a
sovereign. The sovereign right of eminent domain system of state highways which shall be designated
is founded on necessity. But where there is no ne- by name and by the point of beginning and terminus
cessity for taking private property for public use, thereof.93 The system of state highways shall include
the power cannot be successfully invoked. such other highways as may from time to time be
selected and adopted by the commission pursuant
The State Highway System to law and all highways adopted and classified as
secondary state highways which are subject to and
qualified for construction, improvement, betterment
The authority and jurisdiction of the Oregon Depart- and maintenance as are other state highways94
ment of Transportation is derived solely from the
legislature. It was created by a 1917 legislative act as (2) The commission may classify and reclassify the
the State Highway Commission. In almost every highways comprising the state highway system as
succeeding session of the legislature, the powers primary and secondary highways. Secondary high-
of the commission have been enlarged. In 1939, the ways may consist of newly established highways, re-
legislature enacted a comprehensive Highway Code. classified primary highways and county roads selected
The purpose was to change and expand related and pursuant to ORS 366.29095.
independent state laws so there would be a more
The authority to select county roads as state highways,
understandable, comprehensive and workable High-
or to convert state highways to county roads, is granted
way Code than existed before 1939.
the department by ORS 366.290. The statute is quoted as
The legislature has continued to amend, add to and Principle 66 to highlight this important law.
repeal certain sections of the 1939 code. However,
many of the provisions of that code are, at this writ- Principle 66
ing, still in effect. The statutes provided in this section
are certain provisions of the Highway Code as it ex- ORS 366.290(1): The department may select, locate, estab-
isted on Sept. 20, 1985. But take note: the laws quoted lish, designate, improve and maintain out of the highway
here are only a few key provisions that: fund a system of state highways and for that purpose may,
by mutual agreement with several counties, select county
define certain important terms; roads or public roads. By an appropriate order entered
delegate authority to the Oregon Transportation in its records, the department may designate and adopt
Commission; such roads as state highways. Thereafter the construction,
describe limitations; improvement, maintenance and repair of such roads shall
authorize the acquisition of right of way; be under jurisdiction of the department.
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(2) In the selection of highways or roads to comprise the (3) If the department determines under subsection
state highway system, the department shall give consider- (2) of this section that the eliminated sections are
ation to and shall select such county roads or public roads merely parts of the old right of way which are no
as will contribute to and best promote the completion of an longer needed or valuable for highway right of way
adequate system of state highways. purposes or any other public road use, then if such
(3) With the written consent of the county, in which a eliminated sections are not owned by the department in
particular highway or part thereof is located, the depart- fee, the department shall abandon such eliminated
ment may, when in its opinion the interests of the state sections and such sections shall, except as otherwise
will be best served, eliminate from the state highway sys- provided in this section, revert to and title thereto
tem any road or highway or part thereof. Thereafter, the shall rest in the abutting owner or owners. (Note: This
road or highway shall become a county road or (county) is acknowledgement that the legislature has neither
highway and the construction, repair, maintenance or presumed that all state highways are owned in fee,
improvement, and jurisdiction over such highway shall be nor that the department has been directed to always
exclusively under the county in which such highway or acquire the fee to every section of highway.)
road is located.96 (4) Nothing in this section shall impair vested rights of
Subsection (4) of that law deals with the financial li- property owners under existing deeds, easements or con-
ability for the construction, maintenance and repair tracts whereby the state or any county acquired such rights
of the state highways. of way. This section shall not prevent the department from
contracting for the acquisition of easements or rights of
Comment: A county could acquire the fee in a state
way on such terms and conditions as to abandonment and
highway that was converted into a county road as
reverter as it may consider advisable under the conditions
provided in ORS 366.290(3); that is, it would acquire
then existing.98 (Emphasis supplied.)
the fee if the state had acquired the fee in the state
highway right of way. Stated another way, the county ORS 366.320 provides for the acquisition of rights of
can be vested in whatever right, title or interest the way and right of access. Subsections (2) and (3) are
state held in the section of eliminated highway. relevant to this discussion, i.e.:
ORS 366.295: The Oregon Transportation Commis- (2) The department may acquire by purchase, agree-
sion may make such changes in the location of high- ment, donation or by the power of eminent domain,
ways designated and adopted by the commission, as real property, or any right or interest therein deemed neces-
in the judgment and discretion of the commission sary for rights of way99 either for original location or for
will result in better alignment, more advantageous widening, straightening or otherwise changing any
and economical highway operation and maintenance, highway, road or street. The department may, when
or as will contribute to and afford a more serviceable acquiring real property for right of way, acquire all
system of state highways than is possible under the right of access from abutting property to the highway
present location.97 to be constructed, relocated or widened.100
Here is how sections of highways are treated when a
(3) All rights of way owned or held by the several
relocated highway has caused them to be eliminated
counties over and along any roads adopted as state
from the highway system:
highways are vested in the state, by and through the
ORS 366.295: (1) Whenever the department relo- department. This section does not apply to any rights
cates or realigns a state highway or a section thereof, of way owned by any city for city streets.
and by reason of such relocation or realignment there
ORS 366.332 defines real property as including any
is eliminated from the original route of the highway a
section thereof, the eliminated section shall, if needed right, title or interest in real property:
for the service of persons living thereon or for a com-
munity served thereby, be maintained by the depart-
Principle 67
ment at state expense, or by the county or by the state ORS 366.360: In all cases where title to real property is
and county on such terms and conditions as may be acquired by the department either by donation, agree-
agreed upon. ment or exercise of the power of eminent domain, a title
(2) If such eliminated sections of old right of way, or in fee simple may be taken.
any part thereof, in the judgment of the department,
are needed or valuable for public road use, then the Comment. ORS 366.360 is clear: the powers conferred
department shall, by appropriate action, declare the upon the department are well within the jurisdiction
purpose of the department is to preserve the same for of the legislature. Regardless, Principle 64 is an im-
public road use. portant consideration when acquiring the fee, that is:
16-15
There are strongly reasoned cases holding that the right of way as may be utilized by the department
in no event can a legislature authorize the taking of a for highway purposes. Responsibility for and juris-
greater estate than that which is necessary for the public diction over all other portions of the street or road
use, and when an easement is sufficient, no greater estate remains in the city.105
can be appropriated. 101
Therefore, although the legislature has granted the State Throughways
department permission to acquire the fee simple title,
ORS 374.015: (1) The Department of Transportation,
it has not suspended the departments authority to
in addition to and without restricting, limiting or re-
acquire lesser estates, such as an easement. And if the
pealing any powers and authority which it now has,
department can take no greater estate than is necessary
for the public use, it stands to reason that it will take may lay out, locate, adopt, establish, construct, desig-
the fee only when deemed necessary for the public use: nate, maintain and supervise the use and operation of
acquiring an easement when that level of estate will suf- new highways known as throughways?106 (Emphasis
fice for the public use. Consequently, ORS 366.360 does supplied.)
not mean that all Department of Transportation acquisi- (2) Any relocated section of an existing highway and
tions are of fee simple title. As ORS 366.295(3) implies, such portions of existing highways, which at the time
some acquisitions may be only easements. they are designated as throughway, have less than
The fee is usually acquired when land is acquired for 10 commercial businesses abutting thereon catering
a non-access highway. However, the best evidence of to the motoring public in any one mile of such exist-
the level of estate conveyed is the instrument of con- ing highway may be designated as or converted into
veyance, not a statute or the class of highway, road or a throughway by the department. As used in this
street being established. This advice is from Green v. subsection, relocated means a highway or section
Kunkel: 102 thereof so located that for its construction an entirely
new right of way is necessary.
Whether a conveyance of land to a municipality
or other branch of government, reciting that it was (3) The authority and power of the department extends
made for road or street purposes, conveyed fee title to and includes state highways within the corporate
or a mere easement depends on whether language of limits of cities, and with the approval of the municipal
the deed considered as a whole indicates the grantors authorities may extend to and include city streets107
intention to convey land itself or only an easement
therein. ORS 374.025: Any state highway or section thereof
which has been located established, designated and
Consequently, the test between title and easement is the constructed as a throughway may, in whole or in part,
intent of the parties as revealed by instrument and the be changed from a throughway to an ordinary high-
attendant facts. And whether a deed conveying a way, way by the Department of Transportation if in its judg-
road or state highway passes the fee to the land, or only ment such action will best serve the public needs.
an easement, depends chiefly upon the terms of the convey-
ance as determined from all the provisions of the deed.103 ORS 374.035: (1) The Department of Transportation
may, in the name of the state, acquire by agreement,
State Highways Through Cities donation or the exercise of eminent domain, fee title to
or any interest in any real property, including easements of
ORS 373.010: Whenever the route of any state high- air, view, light and access, which in the opinion or judg-
way passes through the corporate limits of any city of ment of the department is deemed necessary for the
this state, the Department of Transportation: construction of any throughway, the establishment
(1) Shall select and designate the streets of the city of any section of an existing state road or highway as
over which the state highway shall be routed.... a throughway or the construction of a service road.
The department may accomplish such acquisition in
(3) May alter or change such routing when in its the same manner and by the same procedure as real
opinion the interests of the motoring public will be property is acquired for state highway purposes, ex-
better served.104 cept that in case the acquisition is by proceedings in
ORS 373.020: (1) Complete jurisdiction and control eminent domain the resolution required under such
of streets taken over by the Department of Trans- procedure shall specify, in addition to other provi-
portation as provided in this Act, as defined in ORS sions and requirements of law, that the real property
366.005, is vested in the department and extends is required and is being appropriated for the pur-
from curb to curb, or, if there is no regular established pose of establishing, constructing and maintaining a
curb, then such control extends over such portion of throughway.
16-16
(2) A resolution adopted by the department stating ORS 374.090 makes provision for access to abutting
and settling forth that a proposed highway is to be real estate when ingress and egress has been de-
constructed as a throughway is conclusive evidence stroyed by a throughway.
that the highway when constructed is a throughway
ORS 374.095 makes provision for utility roads where
with all the characteristics and incidents prescribed
access to abutting property is affected by a through-
by and provided for in ORS 374.005 to 374.095. 108
way.111
Why does the Department of Transportation, on oc-
ORS 374.305 to 374.325 govern approach roads,112
casion, acquire more real property than is needed
private crossings,113 cattle crossings, and other facili-
for highway right of way? ORS 374.040 provides an
ties upon rights of way.
answer to this often-asked question:
ORS 374.040: Whenever it becomes necessary to Rights of Access to Throughways
acquire any real property for use in connection with
the location, relocation, construction, reconstruction,
are Controlled by the
improvement and maintenance of any throughway Department of Transportation
or section thereof for a service road, the Department
of Transportation may, at its discretion, acquire an ORS 374.405: No rights in or to any state highway,
entire lot, block or tract of land if by so doing the in- including what is known as right of access, shall ac-
terests of the owner and the state will be best served, crue to any real property abutting upon any portion
even though the entire tract is not immediately needed for of any state highway constructed, relocated or recon-
the high-way proper. This provision and authority shall structed after May 12, 1951, upon right of way, no
apply to and be effective whenever the real property part of the width of which was acquired prior to May
is acquired by purchase, agreement or exercise of the 12, 1951, for public use as a highway, by reason of the
power of eminent domain. real property abutting upon the state highway.
ORS 374.075: The municipal authorities of cities and ORS 374.410: In connection with any acquisition of
the county court or board of county commissioners of real property for right of way of any state highway; the
any county may do anything or all things necessary to Department of Transportation shall prescribe and de-
cooperate with the Department of Transportation for fine the location, width, nature and extent of any right
laying out, acquiring and constructing any section or of access that may be permitted by the department to
portion of any street or highway within their respec- pertain to real property described in ORS 374.405.
tive jurisdiction as a throughway and to convert any Note: The statutes quoted or noted in this section
existing street or highway into a throughway. 109 of the chapter are only part of the Oregon highway
ORS 374.080: The Department of Transportation code, county road law, and laws relating to city pub-
may enter into cooperative agreements with the Fed- lic ways. They are included here to make you aware
eral Government and with any county or city for the of their existence, not as a substitute for the official
location, adoption, construction and maintenance of a laws published by the Oregon Legislature.
throughway either within or without the corporate lim-
its of any city, with respect to highways under the ex-
clusive jurisdiction of the department, roads under the
County Roads;
jurisdiction of the county court or board of county com-
missioners and streets under the exclusive jurisdiction
Acquisition of Right of Way,
of cities, and may, in such agreements, agree upon the
allocation of costs of the project, the manner and meth-
Authority, Special Laws,
ods of maintenance and all other relevant matters. County Throughways
ORS 374.085: Whenever by location, relocation, es-
tablishment and construction of a throughway under Counties are not like private corporations, but are
ORS 374.005 to 374.095 real property, title to which is political agents of the state created by the legislature for
held under one ownership is severed and the land is governmental purposes.114 Counties act for and in behalf
being used for farm or other agricultural purposes, of the state in execution of the purposes set forth in
provision shall be made by the department . . . for ORS 203.010, and their rights are not determined by
crossing the highway from one such tract to the other law applicable to private corporations,115 As a conse-
or compensation for the severance of the tract shall be quence of being created by the legislature, whatever
paid. Should such tracts at any time cease to be held authority a county may enjoy or possess, pertaining
under one ownership, the department may terminate to roads and highways and the acquisition of rights,
and discontinue the road crossings. 110 titles, or lesser interests in real property for their
16-17
public roads and highways, must be derived from Section 18, Article 1 of the Oregon Constitution and
the legislative assembly (much as the Department of certain relevant cases help define the extent of statu-
Transportation received similar authority under such tory authority to take or otherwise acquire land for
statutes as ORS 366.360 and 374.035). In other words, any public way.
the county acts through delegated power emanating
Private property shall not be taken for public
from the initial source (the legislature).
use, nor the particular services of any man be de-
Counties receive their general powers and authority manded, without just compensation; nor except in
from ORS Chapter 203. But the powers and authority the case of the state, without such compensation
are subject to specific laws in other chapters of the ORS: first assessed and tendered; provided that the use of
Chapter 192 (public records, reports and meetings), all roads, ways and waterways necessary to promote the
Chapter 193 (legal notices), Chapter 275 (county lands), transportation of the raw products of mine or farm or
Chapters 305 to 312 (tax laws), Chapter 321 (timber tax- forest or water for beneficial use or drainage, is neces-
es), etc. Moreover, such power and authority must be sary to the development and welfare of the state and is
subject to the United States and Oregon Constitutions declared a public use.121
because the source of the power and authority, the leg-
islature, is also bound by the constitutions. Regardless, In Gearin v. Marion County, supra, the court held:
counties have been provided with considerable power A taking for public use signifies a possession, oc-
over matters of county concern: cupation and enjoyment of property by the public
The power granted by this section,116 in addition to at large or by a public agency.
other grants of power to counties, shall not be con- And in Thornburg v. Port of Portland:122
strued to limit or qualify any such grant and shall
be liberally construed, to the end that counties have If the governmental interference with the use and
all powers over matters of county concern that it is pos- enjoyment of the land is substantial enough to im-
sible for them to have under the Constitutions and laws pose a servitude upon the land, such interference
of the United States and of this state. may constitute a taking.
Are county roads and highways strictly matters of In Grande Ronde Elec. Co. v. Drake123 and Smith v.
county concern? The answer is: They are legally Carneron124 the court said:
matters of county concern, but as public highways of A taking for a private use is not authorized even
this state and common to all members of the public, though just compensation is paid.
without distinction,117 they are not strictly matters
of county concern. In Foeller v. Housing Authority of Portland:125
A highway is a public way for the use of the public in The term public use demands that the publics
general, and passage and traffic, without distinction use be direct.
.... The restrictions upon its use are only such as are ORS Chapter 368 gives the counties their power
calculated to secure to the general public the largest and authority over county roads and local access
practical benefit from the enjoyment of the easement, roads.
and the inconveniences must be submitted to when
they are only such as are incident to a reasonable use County road, as defined in ORS 368.001, means: A
under impartial regulations.118 public road under the jurisdiction of a county that
has been designated as a county road under ORS
This public nature of county roads prevents them 368.016. 126
from being strictly of county concern. They are pub-
lic highways of the State of Oregon. As such, the legis- Here are important Oregon opinions and cases that
lature has the power to supervise, regulate and control specify which county highways are legally county
the public ways. It can delegate that power to counties, roads:
but the public nature of the county roads and high-
The Oregon Department of Justice issued an opinion
ways prevents the legislature from being as liberal in
to the effect that: Streets in unincorporated towns
such delegation. It can clothe the county with authority
are county highways, the regulation of the use of
over certain public ways so long as such (ways) are not
which is within the jurisdiction of the county court
diverted to some use substantially different from that
regardless of the fact that such streets have not been
for which they were originally intended.119 But aside
accepted as county roads under the provision of 375,
from certain statutory laws, such as ORS 368.016, and
Oregon Laws 1941, ORS 365.550. 127
certain controlling common law principles, The exercise
of governmental powers relating to a road within a county is County road is a term of specific meaning and
a matter of county concern.120 should not be indiscriminately used as a term of
16-18
general description of roads or public ways situated powers relating to a road within a county is a matter of
within a county.128 county concern.
A road may become an irrevocably dedicated pub- (2) A county governing body:
lic highway by acceptance of a plat thereof by the
(a) Does not have jurisdiction over any public road that
county court, or by a common law dedication and
is a state highway.
acceptance. But in order to establish the road as a
county road, the county court is required to accept it (b) Shall only take action involving a local access road within
expressly as such by appropriate resolution entered a city if the city governing body consents to the action.
in its journal.
(c) May by resolution or order make any public road
In Whitney v. Crittenden et al,130 the court held that the within its jurisdiction a county road.
approval of the county court of a plat prior to record-
(3) Any road that has a classification as a county road
ing was sufficient acceptance for the creation of a
on November 1, 1981, shall retain that classification un-
public highway as distinguished from a county road. Com-
less the classification is changed under ORS 368.026 or as
menting on Section 100-1225 O.C.L.A., as amended
other wise provided by law.
by Chapter 323, Oregon Laws 1945, the court said:
(4) A county governing body may seek assistance from
This clearly indicates that the act of approving and the state Highway Engineer as provided under ORS
accepting the plat by the County Court constitutes 366.155.134
an acceptance on the part of the public of the high-
way in the opinion of the legislature. In order to ORS 368.031 provides counties with jurisdiction over
protect the county from being overburdened with public roads other than county roads, state high-
numerous highways, the quoted part from said sec- ways and federal roads, that is, roads defined as
tion 4558, Or. L. (subsecs 100-1225 O.C.L.A.) was local access roads by ORS 368.001. Many of the public
enacted. A highway may become irrevocably dedi- ways created by common law dedication and by pre-
cated highway, and yet the county is not liable for scription, but not accepted as county roads (as defined
its upkeep, repair, damages or for injuries resulting by ORS 368.001), will fall in this classification.
from the highway becoming out of repair .... ORS 368.031. A local access road that is outside a
Thus it appears that in order for a platted road or city is subject to the exercise of jurisdiction by a coun-
public highway to become a county road the county ty governing body in the same manner as a county
court is required to expressly establish it as such and road, except as follows:
this may be accomplished by an appropriate resolu- (1) A county and its officers, employees or agents are
tion by the county court entered upon its journal. 131 not liable for failure to improve the local access road
Local access road is defined by ORS 368.001(3) as: or keep it in repair.
...a public road that is not a county road, state high- (2) A county governing body shall spend county
way or federal road. 132 moneys on the local access road only if it determines
(5) Public road means a road over which the public that the work is an emergency or if:
has a right of use that is a matter of public road. 133 (a) The county road official recommends the expen-
(6) Road means the entire right of way of any public diture;
or private way that provides ingress to, or egress from (b) The public use of the road justifies the expendi-
property by means of vehicles or other means or that ture proposed; and
provides travel between places by means of vehicles.
Road includes, but is not limited to: (c) The county governing body enacts an order or reso-
lution authorizing the work and designating the work
(a) Ways described as streets, highways, through- to be either a single project or a continuing program.135
ways or alleys;
(b) Road related structures that are in the right of Legalization of County Roads;
way, such as tunnels, culverts, or similar structures; Statutory Procedures
and,
Legalization statutes are the statutory procedures for
(c) Structures that provide for continuity of the right
making something legal or lawful. ORS 368.201 to
of way such as bridges.
368.221 are the procedures for making certain roads
ORS 368.016 is important to this discussion, i.e.: legal, or lawful county roads.
(1) Except as provided in this section or as otherwise ORS 368.201: A county governing body may initi-
specifically provided by law, the exercise of governmental ate proceedings to legalize a county road under ORS
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368.201 to 368.221 if any of the following conditions Note: In this section only a digest of the Oregon
exist: Laws has been provided. Many provisions of the
law dealing with procedures, hearings, appeal rights,
(1) If, through omission or defect, doubt exists as to
statutory periods, etc. have been omitted from our
the legal establishment of a public road.165
discussion. For a complete, up-to-date wording of
(2) If the location of the road cannot be accurately each legislative enactment, reference must be made
determined due to: to the ORS as published by the Legislative Counsel
(a) Numerous alterations of the road; Committee of the Legislative Assembly.
(b) A defective survey of the road or adjacent prop- Authority for Counties to Acquire
erty; or
Property for Roads
(c) Loss or destruction of the original survey of the
road. ORS 368.073 provides:
(3) If the road as travelled and used for 10 years or A county governing body may initiate proceedings to
more does not conform to the location of a road de- acquire title or a lesser interest in real property for public
scribed in the county records.166 road purposes:
ORS 368.216: (1) After considering matters pre- (1) On its own action; or
sented in a proceeding to legalize a road under ORS
(2) If a person files the following with the county govern-
368.201 to 368.221, a county governing body shall
ing body:
determine whether legalization of the road is in the
public interest and shall enter an order abandoning (a) A petition described in ORS 368.081; or
or completing the legalization procedures on the
(b) A written proposal to dedicate or donate land owned
road.
by that person for public road purposes. 136
(2) When a county governing body legalizes a road
ORS 368.091 requires a county to discontinue pro-
under ORS 368.201 to 368.221, the county governing
ceedings to acquire real property for public road
body shall comply with ORS 368.106.
purposes that are initiated by a petition described by
(3) Courts shall receive any order filed under this ORS 368.081 at any time prior to acquisition of the
section as conclusive proof that the county road exists as property if a majority of the owners of property that
described in the order. would abut the proposed road file objections with the
(4) Upon completion of the legalization procedures county governing body.
under ORS 368.201 to 368.221.
Principle 68
(a) Any records showing the location of the road that
conflict with the location of the road as described in ORS 368.096 describes these methods for acquiring real
the order are void;167 and property for public road purposes.
(b) The road exists as shown on the order legalizing (1) If proceedings to acquire real property for public road
the road.168 purposes have been initiated under ORS 368.073, a county
Special note: Any changes noted on the order re- governing body may acquire the property by any of the fol-
quired in this section must be noted on the cadastral lowing methods:
map, and the map must be made to conform to the
(a) Acceptance of a dedication or donation.
order produced under the legalization procedures of
ORS 368.201 to 368.221. (b) Acquisition by purchase or other agreement.
ORS 368.221: Notwithstanding ORS 368.036, a (c) Exercise of power of eminent domain under ORS
county governing body may legalize a road at any Chapter 35.
width that is less than the width of the road described
(d) Use of road viewers under ORS 368.161 to 368.171.
in ORS 368.206 if the county governing body deter-
mines that: (2) Nothing in this section:
(1) The legalization of the road at the lesser width is (a) Supersedes procedures for establishing roads by subdi-
in the public interest; or viding or partitioning land under ORS Chapter 92.
(2) An encroachment on the road may not be practi- (b) Precludes public acquisition of any property interest
cally removed under ORS 368.211. 169 by adverse possession or prescription; or
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(c) Restricts the ability of a public body to acquire an erning body may establish a board of road viewers
interest in property by any other method permitted by and acquire property for the proposed road in the
law.137 manner described in ORS 368.161 to 368.1717 (See
published ORS for subsection (2) of this law.)
ORS 368.116: (1) Whenever in the location, relocation,
construction or betterment of a public road, a county ORS 368.171: After completion of proceedings un-
governing body determines that it is necessary to locate, der ORS 368.161 to 368.171 and consideration of mat-
relocate or construct the public road, or any part thereof, ters and issues presented during the proceedings, the
upon the right of way of a railroad company, the county county governing body shall determine whether a
may negotiate and agree with the railroad company for public need exists for the public road and shall enter
the right to use or occupy the right of way, or any por- an order or resolution granting or denying the prop-
tion necessary for public road purposes. erty acquisition. If the county governing body enters
the order of resolution establishing a public road, the
(2) If agreement cannot be reached, then the county
order or resolution shall:
may acquire the right of way be exercise of the power
of eminent domain under ORS Chapter 35. (a) Describe the exact location and width of any
public road established;
(3) Nothing in this section authorizes the use or oc-
cupancy of the railroad right of way which would (b) Designate amounts of damages and costs in-
interfere with the operation of the railroad or its nec- curred under the proceedings, person entitled to
essary appurtenances... 138 payment of costs or damages and persons liable for
payment of the costs or damages; and
Principle 69 (c) Assess costs under ORS 368.111; and
ORS 368.126: When a county governing body estab- (d) The requirements of this section are in addition
lishes a new public road following the general alignment to requirements under ORS 368.106. 142
of an existing public road, the final order or resolution
shall identify all parts of any existing road that are to be Acquisition of Certain Real Property
vacated. Vacation of those parts described is effective
without any other proceedings. A road so vacated shall as Provided for in Procedures for
not be closed to public use until the road laid out to re- Legalization of County Roads
place it is actually opened to travel. 139
Where a structure exists on, or encroaches on a
Comments: In Colombo v. Hewitt, supra, it was held that road subject to legalization proceedings under ORS
the old road is vacated by final order only when the new, 368.201 to 368.321, the county may acquire the struc-
replacing highway leaves reasonably adequate means ture (as provided by ORS 368.211, subsec (4)), or may
of ingress and egress to the owners of property abut- acquire property to alter the road being legalized (as
ting on the road to be vacated. An order of the county provided by ORS 368.211, subsec (5)). The legaliza-
court, nunc pro tunc,140 vacating an old road, which pre- tion of public roads is described later in this subsec-
sumably was the intention of the court 21 years earlier, tion of this publication.
although they took no action, was invalid.
Market Roads/Ways
Public Roads Over Lands of Public Easement
of the United States
ORS 369.020: On or before January 1, 1974, county
ORS 368.131 allows: The county governing body courts of the respective counties or city councils of the
may by resolution accept the grant of rights of way respective cities may take action to designate former
for the construction of public roads over public lands county market roads as ways of public easement. If
of the United States. This section does not invalidate no designation is made, such roads shall become a
the acceptance of such grant by general public use part of the respective county or city road systems as
and enjoyment. 141 of that date.143
ORS 369.025: Notwithstanding ORS 369.020 or any
Road Viewers Method of Acquiring action pursuant thereto, a road within a city that was
Land for Public Road Purposes designated county market road prior to January 1, 1974,
shall be on the county road system until the county sur-
ORS 368.161 provides: (1) When proceedings have renders jurisdiction over the road within a city and the
been initiated under ORS 368.073 to acquire real city accepts the county order and offer of surrender in
property for public road purposes, the county gov- the manner provided for in ORS 373.270.144
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Note: ORS 369.110 to 369.280 was repealed by 1973 ties of this state are unable to construct, improve and
c. 240 (ORS 369.020 enacted in lieu of these statutes). maintain so as to enable their safe and economical
ORS 369.290 was repealed by 1965 c. 512 subsec 1; re- use for such purposes.
pealed by 1973 c. 270 subsec 1 (ORS 369.020 enacted
(2) It is declared to be the public policy of this state to
in lieu of 369.290). And, ORS 369.140 through 369.480
conserve and develop its natural resources to encour-
was repealed by 1981 c. 153 subsec 79.
age and facilitate the transportation of products of the
forest and the salvage and utilization of such products
County Throughways now being wasted, and to develop and improve certain
ORS 374.420 provides: (1) The county court or board of county and other public roads for such purposes.147
county commissioners may acquire by purchase, agree- ORS 376.310 provides this definition of forest road:
ment, donation or exercise of eminent domain, fee title or
any interest in real property, including easements of air, view, (1) Forest road means any county or public road,
light and access, which is necessary for the construction or part thereof, outside the corporate limits of a city,
of a throughway or the establishment of a section of an which is within or extends into or toward a moun-
existing county road as a throughway. tainous or timbered area, and which is under control
and supervision of a county court of this state.148
(2) When right of way is acquired for a throughway,
no rights in or to the throughway, including what is A contract forest road is a forest road improved or
known as right of access, accrue to real property mere- maintained pursuant to a contract made under ORS
ly because the property abuts upon that part of the right of 376.305 to 376.390.149
way so acquired. This subsection also applies to right of This act authorizes a logging operator to improve or
way acquired, prior to August 13, 1965, pursuant to maintain, or improve and maintain, a forest road
ORS 374.420 to 374.430 (1963 Replacement Parts). upon approval by a county court. The statutory pro-
(3) Throughway, as used in this section, means a visions are contained in ORS 376.305 to 376.390. This
proposed or existing county road especially designed act does not, however, prevent the use of the forest
for through traffic, which has been designated by contract road by the genera] public.150
resolution of the county court or board of county
commissioners as a throughway, over, from or to Disincorporation of a City
which owners or occupants of abutting land or other
A county could be vested in fee simple absolute title
persons have no easement of access or only a limited
to a public way if a city, holding that level of an estate
easement of access, light, air or view, merely because
in the public way, surrenders its charter, i.e.:
of the fact that their property abuts upon the through-
way or for any other reason.145 ORS 221.650: Within 30 days after the authorization
of the surrender of the charter (as authorized by ORS
ORS 374.425: In connection with the acquisition
221.610 and 221.621), the city shall convey, grant,
of real property for right of way for a throughway
assign and deliver all its property real and personal,
described in ORS 374.420, the county court or board
and property rights, by proper conveyance, to the
of county commissioners may prescribe the location,
county in which the city is located for the benefit and
width, nature and extent of any right of access that
use of the county. The city at the end of 60 days from
pertains to such real property. 146
the date of the election authorizing the surrender
shall cease to exist in its corporate capacity without
Forest Roads any further or other formal action, and all its proper-
ORS Chapter 376 contains the Forest Road Act that ty rights and interests shall vest in the county, and the
governs certain county or public roads, outside the records of the city shall be deposited in the office of
corporate limits of any city, which is within or ex- the county clerk by the auditor, clerk or other keeper
tends into or toward mountainous or timbered areas. of records of the city.
The legislative policy and purpose of this act is ex- Regardless of the disincorporation and provisions
plained in ORS 376.305, i.e.: of ORS 221.650, neither the public easements nor the
underlying fee title interests in public ways, held by
(1) It is declared that a substantial part of the forest abutting owners other than the city, are affected by
resources of this state are now left unharvested and the disincorporation.
are lost by reason of the excessive cost of transporta-
tion thereof to market; that substantial forest areas Use of City Streets by a County
can be economically managed, harvested and the
products thereof transported to market only by use ORS 373.110: (1) Whenever in its judgment it is
of certain county and public roads which the coun- necessary, for the purpose of connecting an existing
16-22
county road with an existing state highway, that the ORS Chapter 221. That chapter provides: Except as
connecting road be located, established and designat- limited by express provision or necessary implication
ed over property within the boundaries of a city, the of general law, a city may take all action necessary or
county court or board of county commissioners may convenient for the government of its local affairs.
designate, locate, establish, construct and maintain
The powers granted cities under the 1893 Incorpora-
the connecting road over property within the corpo-
tion Act, in effect on Sept. 20, 1985, are codified as ORS
rate limits of the city as a county road.
221.901 to 221.928. Regarding public ways, this act
(2) The procedure for the establishment of the con- allows the common council of a city to:
necting road may be by petition of freeholders or by
a resolution of the county court or board of county (1) Provide for lighting the streets and furnishing
commissioners as provided by law for the establish- such city and its inhabitants with gas or other lights,
ment of county roads. and with pure and wholesome water. For such pur-
pose it may construct such water, gas or other works,
(3) In addition to the authority provided by law for within or without the city limits, as may be necessary
the acquisition of rights of way, in the event the con- or convenient therefor. It may allow the use of the city
necting road is established by petition of freeholders streets and alleys to any person, company or corpora-
or by resolution the county court or board of county tion who may desire to establish works for supplying
commissioners may acquire private property within the the city and inhabitants thereof with such water or
corporate limits of the city for rights of way for the con- lights upon such reasonable terms and conditions as
necting road by exercise of the power of eminent domain, the council may prescribe.
under the procedure provided by law for exercise
of the power of eminent domain by counties for the (2) Permit, allow and regulate the laying down of
acquisition of private property for rights of way for tracks for streetcars and other railroads upon such
county roads. 151 streets as the council may designate, and upon such
terms and conditions as the council may prescribe;
ORS 373.120 authorizes: The county court or board and allow and regulate the erection and maintenance
of county commissioners may construct and pave of poles, or poles and wires, for telegraph, telephone,
streets and roads through cities of less than 2,500 electric light or other purposes, upon or through the
population, as shown by the last federal census, streets, alleys or public grounds of such city; permit
where such streets and roads are for the purpose of and regulate the use of alleys, streets and public
connecting county roads and highways. 152 grounds of the city for the laying down or repairing
ORS 373.130: Whenever any county constructs gas and water mains, for building and repairing sew-
across any stream any bridge which is wholly or in ers, and the erection of gas or other lights.
part within the limits of any city within the county, (3) Preserve the streets, lights, side and crosswalks, bridg-
the county may use as approaches for the bridge such
es, and public grounds from injury, prevent the unlawful
portions as may be necessary of any street of the city
use of the same, and regulate their use.
leading to the bridge. The power, domain and right of
control over and to improve and maintain the portions of (13) Make bylaws and ordinances not inconsistent with
any street so used belong exclusively to the county.153 the laws of the United States or of this state to carry into
effect the provisions of ORS 221.901 to 221.928.155
See ORS 373.20 through 373.320 for cities having ju-
risdiction over certain county roads.
Principle 70
City Jurisdiction Over ORS 221.924: The council may, whenever it deems
expedient, improve the public grounds within the city
Public Ways; Acquisition referred to in ORS 221.906, and establish and open addi-
tional streets and alleys therein. The power and authority
of Right of Way; Powers to improve streets includes the power and authority to
construct, improve, pave, repair, and keep in repair side-
Over City Ways; Transfer of walks and pavements, and to determine and provide
everything convenient and necessary concerning such
Jurisdiction County Roads improvements and repairs. 156
to City; Special Laws County Market Roads Within Cities

Cities receive their basic authority over streets, alleys ORS 369.025: Notwithstanding ORS 369.020 or any
and other public ways from the legislative acts in action pursuant thereto, a road within a city that
16-23
was designated county market road prior to January (b) Any road without such city, if it has a population of
1, 1974, shall be on the county road system until the less than 100,000, but leading directly to it.
county surrenders jurisdiction over the road within
(2) In the agreements the parties shall agree upon the
a city and the city accepts the county order and of-
proportion which each shall contribute toward such
fer of surrender in the manner prescribed in ORS
acquisition, construction, improvement or repair and
373.270.157
upon the method and kind of acquisition, construc-
tion, improvement or repair to be made. 160
Powers of Cities Relating
to Roads and Highways Transferring Jurisdiction
ORS 373.210: Any city having a population of less Over County Roads Within Cities
than 100,000 may provide for the improvement of ORS 373.270: (1) Jurisdiction over a county road within
any roads or streets within the limits of the city at the a city may be transferred under this section whenever:
partial expense of the general fund of the city in the
manner provided ORS 373.220 and 373.230, where: (a) The county governing body deems it necessary, ex-
pedient or for the best interest of the county to surrender
(1) Such roads or streets are parts of any general sys- jurisdiction over any county road or portion thereof within
tem of state or county roads or highways, or the corporate limits of any city, and
(2) Such roads or streets directly connect with state (b) The governing body of the city deems it necessary or
or county roads or highways, expedient and for the best interests of the city to acquire
(3) Such roads or streets afford an outlet from the jurisdiction road or part thereof to the same extent as it has
limits of the city to adjoining state or county roads or over other public streets and alleys of the city.
highways; or Subsections (2), (3), (4) and (5) outlines the procedures
(4) Such roads or streets provide the most accessible of action taken under ORS 373.270. Subsection (6) au-
or generally travelled route from within the city to thorizes a city to initiate action to request a county to
beyond the limits of the city. 158 surrender jurisdiction over a county road, i.e.:
ORS 373.220 outlines the procedure required to au- (6) If a city governing body determines to initiate
thorize a road or street improvement mentioned in action under this section for the surrender of jurisdic-
ORS 373.210. tion by a county over a county road:
ORS 373.230 relates to the charter or ordinance provi- (a) The city governing body may initiate the action
sions governing an improvement mentioned in ORS by passage of appropriate municipal legislation...
373.220. (b) The county governing body may surrender ju-
ORS 373.240 explains the contents of the general road risdiction of the county road without further action
fund of a city. by the city...
ORS 373.250: The road fund mentioned in ORS (7) When a city adopts appropriate municipal leg-
373.240: islation accepting a county governing bodys order
under subsection (5) of this section, or when a county
(1) Shall be used by the city for the construction and governing body adopts an order meeting city legisla-
repair of county roads and streets therein. tion under subsection (6) of this section:
(2) May be used for the construction and repair of (a) The jurisdiction of the county over the county road or
roads without a city having a population of less than portion thereof as a county road, or for its improvement,
100,000 which lead directly to it. construction or repair shall cease;
(3) In carrying out such objects, may be used jointly (b) The full and absolute jurisdiction over the road for
with the county in which the city is located as pro- all purposes of repair, construction, improvement and the
vided in ORS 373.260.159 levying and collection of assessments therefor shall vest in
the city; and
ORS 373.260: (1) The county court or board of county
commissioners of any county and the authorities of any (c) The city shall have the same jurisdiction over the road
city within the county may enter into an agreement for the or portion thereof as by its charter and the laws of the state
construction, improvement or repair of, and the acquisition are given or granted it over any of the public streets and
of right of way for: alleys of such city.
(a) Any county road or city street within the corporate (8) This section is applicable to all county roads, whether
limits of the city. acquired by the county or the public by condemnation and
16-24
user, user or prescription or in any manner provided by same extent that it has jurisdiction over such streets,
law or in which the easement for road purposes is in the such portions to be streets of the city of Myrtle Point.
public.161 164
Reference should be made to the subsections of this section

Special Laws for Amity, Monmouth, of this publication for laws relating to Throughways
Myrtle Point and Salem (ORS 374.005 to 374.095; through cit-les).
ORS 373.290 through 373.320 give these cities control
over all of, or in some cases certain, county roads and The Extinguishment
highways within the corporate limits of the city.
Amity and Salem have been provided with exclusive
of Public Ways
control and jurisdiction over all county roads within
the city boundaries. In both situations the roads are Once a highway always a highway is an old maxim
legally classified as city streets. See ORS 373.290 (Am- of the common law to which we have referred, and so far
ity) and 373.320 (Salem).162 as it concerns the rights of abutters, or others occupying
a similar position, who have lawfully and in good faith
ORS 373.300 provides Monmouth with full and ex-
invested money or obtained property interests in the just
clusive jurisdiction, power and control over all that
expectations of the highway, the maxim still holds good.
part of the highway known as Monmouth Avenue
from its intersection with Main Street north to the Not even the legislature can take away such rights without
northeast corner of University Out Lot B located compensation.170
within the corporate limits of the city. Such highway This section will be presented in four parts:
is a street, subject to all the burdens and servitudes
thereof. The control of such highway is excepted out of the 1. Case law on vacation, rescission, and abandonment
jurisdiction of the County Court of Polk County.163 of dedicated and non-dedicated public ways.
ORS 373.310: (1) The City of Myrtle Point, in Coos 2. Statutes for vacating or extinguishing the public
County, has absolute and complete jurisdiction over way
the following portions of the following county roads
3. Problems associated with vacation and the ap-
located within the corporate limits of the city:
portionment of vacated roads, streets and alleys.
(a) All that portion of any county roads within the cor-
4. Abandonment of state highways
porate limits of the city, lying along First Street and the
whole thereof, as such street is described upon the plat
of the original town (now city) of Myrtle Point, now Bostwick v. Hosier171
on file and of record in the office of the county clerk
In Stewarts Addition to Baker, Oregon, Tenth Street
for Coos County.
runs north and south between blocks 4 and 5. Cross-
(b) All that portion of the county roads within the ing it at right angles, beginning on the north, are
corporate limits of the city, lying on or along Spruce Church Street, Center Street and Jackson Street, each
Street and the whole thereof, as shown upon the plat running east and west. Center Street appears to have
of the original town (now city) of Myrtle Point... been laid out through the blocks mentioned after they
(c) All that portion of the county roads lying upon were platted.
or along First Street, being Spruce Street extended, The defendant, Hosier, was the owner of lot 1 and a
and the whole thereof, as shown on the plats of Bor-
fractional part of lot 2 in block 5, lying at the northeast
der & Benders addition to the town (now city) of
comer of Tenth and Jackson Streets. On his petition,
Myrtle Point, Border & Benders extension to Border
the city council passed an ordinance vacating, for his
& Benders addition... Sengstackens additionand
private use, a part of Tenth Street. Ayre and Sherman
J.H. Roberts addition...
also fronted on Center, and Bostwick fronted on Jack-
(d) All that portion of any county roads lying son. They brought this suit to enjoin the vacation of
along Railroad Avenue, and the whole thereof, as that portion of the streets mentioned. They claimed
shown upon the plats of the first extension to the that the ordinance was passed without their consent
original town... Lenherrs addition... Browns first and without the citys having obtained jurisdiction to
addition. .. Browns second addition and Smiths ad- enact such legislation; that no benefit would come to
dition... the city or any of its inhabitants therefrom; and that
(e) the city of Myrtle Point has jurisdiction over such the proposed vacation of the parts of said streets is
portion of the roads in the same manner and to the solely for the private benefit of the defendant.
16-25
The defendant said the plaintiffs were not concerned first assessed and tendered. Here the proposal is to
in the proceeding to vacate the portion of the streets abandon parts of the streets for the private inter-
mentioned, because their property was not contigu- est of one of the defendants and not for any public
ous to the part to be vacated. The defendant said that purpose. The property rights of the plaintiffs cannot be
the defendant was the only owner to be considered in thus invaded.
the proceeding mentioned because his was the only
If the rights of the abutting owners in a street can-
property that touched the strips to be vacated.
not be taken without condemnation at the suit of a
Justice Burnett said: public service corporation, much more they cannot
be impaired in the interest of a private owner...
It is apparent from the record that the parties
bought the properties mentioned with reference to
the plat of Stewarts Addition. In other words, with Martin v. Klamath County177
their purchase they acquired at least the usafruct172 of the In this 1979 case, the plaintiff brought suit against
adjacent streets. It is axiomatic, as well as constitutional, Klamath County to quiet title to a strip of land 60 feet
that private property cannot be taken for private use. As wide and about 450 feet long, which had previously
early as the case of Willamette Iron Works v. Oregon R. been used by the public as a roadway. The plaintiff
& N. Co.,173 the question of occupancy of streets was appealed the trial courts decision, claiming as errors:
under consideration, and the following language
(1) failure of the court to find nonuser of the strip of
was used by Mr. Chief Justice Robert S. Bean, de-
land, constituting a common law abandonment of
livering judgment:
the way by the county. And (2) the holding by the
But there is a limitation to legislative or municipal court that a right of way can be abandoned only as
power over a street, which cannot be exceeded without provided in ORS 368.620.178
invading the constitutional rights of abutting owners.
The county cross-appealed, contending that the court
An abutting proprietor is entitled to the use of the
erred: (1) in refusing the countys prayer that the
street in front of his (or her) premises to its full
court quiet title to the strip in the public as a right of
width as a means of ingress and egress, and for
way, and (2) in failing to enjoin the plaintiff from in-
light and air, and this right is as much property
terfering with the publics use of the right of way.
as the soil within the boundaries of his lot; and
therefore any impairment thereof or interference Facts: The plaintiff was the owner of a large tract,
therewith, caused by the use of the street for other which included the right of way in issue. In 1960,
than legitimate street purposes, is a taking within the the plaintiff conveyed this right of way through her
meaning of the Constitution...174 property to the United States. The plaintiffs prede-
cessors apparently had granted the same right of way
This principle is well fortified by the precedents
to the United States some 10 years earlier. The road
cited in this opinion.
was originally part of the Klamath Indian Reserva-
A similar doctrine was announced in Sandstrom tion road system and was known as Sycan Road.
v. Oregon-Wash. R. & N. Co.175 where the defendant
Following termination of the reservation, some of
had fenced off a street which ran in front of the
these roads, including the subject road, were trans-
plaintiffs premises and made a deep and impass-
ferred to Klamath County. At no time, however, did
able cut across the street, although not immediately
the county ever establish this road or any portion of
opposite the holding of the plaintiff...
it as a county road under ORS 368.405. However,
Although the plaintiffs do not own the property it did accept an easement deed to it from the United
immediately opposite the ground it is proposed to States Department of the Interior, and treated it as a
vacate, yet most of them have holdings in the next public road.
adjacent blocks, so that their situation differs only
The portion of the road in issue included a bridge
in degree from that of the opposite abutter. The ac-
over the Sprague River. In 1964 a flood washed out
cessibility of their premises is pro tanto176 impaired,
the bridge. It had not been replaced by the time this
which constitutes an injury to them not suffered by
issue came to the Court of Appeals (1979). As a result,
the general public.
there had been very little use of that portion of the
In several of the cases (cited) the defendants were road in issue since the washout. In about 1966, the
public service corporations entitled to exercise the plaintiff erected a fence across the road in order to
right of eminent domain, under which, after having prevent people from driving down the road and de-
his day in court and an opportunity to be heard, positing trash in the vicinity, including her property
the plaintiff could have been compelled to sur- on both sides of the right of way. In 1979, some of the
render his property upon adequate compensation road was overgrown with sagebrush. There was some
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testimony, however, that the county was considering 4, 5. By the same token, we conclude that de-
construction of a boat landing where the subject road fendant county was entitled to have the plaintiff
intersected the Sprague River. enjoined from interfering with the publics use of
same unless and until this road is vacated under
The thrust of plaintiffs argument in support of
ORS 368.620. Plaintiffs fence across the right-of-way
reversal (of the trial courts ruling) runs as follows:
is a nuisance.186
Statutory vacation of roads under ORS 368.620 and
common law abandonment are two distinctly dif- As such, it was subject to immediate abatement
ferent things; statutory vacation does not preclude and removal.187 ORS 368.620 inhibits this method of
common law vacation; ORS 368.620 has no appli- acquiring title to lands in public roads. This has been
cation to the facts of the case at bar; and evidence the statutory law of this state since 1895. 188 Therefore,
established that the defendant county abandoned the court erred in refusing to grant such relief to the
the strip under the doctrine of common law aban- Defendant County.
donment, viz., nonuser and intent to abandon. Note: In Martin, the plaintiff based her argument on
Plaintiff relies on Powers v. Coos Boy Lbr. Co.;179Bernards the decisions handed down in Powers and Bernard,
et ux v. Link and Haynes;180 Macleay Estate Co. v. Curry Bitney, Macleay Estate, and Magee Hiers. These were
County;181 Bitney v. Grim;182Magee Heirs v. Slack;183 in similar cases involving many of the same doctrines
support of common law abandonment. of common law. However, the court, after examin-
ing each case, found them inappositive, that is,
Defendant counters by insisting that a duly created irrelevant to the facts, circumstances, laws or condi-
public road may not be lost by the public unless the tions of this case. The lesson is that it is as important
provisions of ORS 368.620 are complied with. Fur- to examine the differences between your problem at
ther, defendant argues that the common law pertain- hand and the case upon which you might base your
ing to abandonment of a public easement, if it exists solution, as it is to examine the similarities of your
at all in Oregon, does not apply to this case. problem to that of another case.
The Court of Appeals held: Powers and Bernard involved claimed abandon-
1. After examining the authorities, including those ments of private rights-of-way, no public roads.
submitted by both sides to this controversy, we are Bitney, a 1914 case, did involve abandonment of
of the opinion: a portion of a county road. This was, however,
decided prior to the amendment of ORS 366.620
Principle 71 to provide for vacation on account of prolonged
nonuser by the public.189 Further, the opinion dealt
A duly established public road may not be lost to the with a realignment rather than a claim of total road
public except pursuant to the terms of ORS 368.620. abandonment as in the case at bar. Additionally the
(See Principles 38, 39, 42, 43, 44 and ORS 221.750 and opinion of Bitney makes no mention whatsoever
275.027.) of ORS 368.620 and bases its conclusion on (p)
resuming that the road supervisor in changing
And, (2) that the doctrine of common law aban- the course of travel (of the county road) acted by
donment does not apply under the facts at bar; that authority... 190
plaintiff cannot prevail on her theory.
Thus it would appear from the opinion that the court
2, 3. In enacting ORS 368.620, as amended, the leg- assumed that the county road supervisor had acted
islature has provided the complete procedure for according to law. In any event, Bitney can hardly be
the vacation and discontinuance of a public road or considered as authority for ignoring the subsequent-
highway in this state. It is necessary to adhere to this ly enacted provisions of ORS 368.620 and substitut-
procedure in order that the vacation be effective. While ing the common law doctrine of abandonment in the
this issue has apparently never been decided in this present case.
state, the majority rule in other jurisdictions is that
when the legislature provides a method by which In Macleay Estate, the issue was whether the Defen-
a county may abandon or vacate roads, that method dant County had abandoned a road. This case is
is exclusive.184 The fact that the legislature provides inapposite because the statute then in effect had no
provision for vacating a road other than the one,
a method whereby a county might abandon a road
which had been established but not opened, nor any
is a positive inhibition against other methods of
provision far vacation in the event of nonuser.
termination. We are of the opinion there can be no
vacation of this road except under the provisions of Magee Heirs, the Texas case, did not involve an ex-
ORS 368.620.185 press statutory provision such as ORS 368.620, but
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rather an application of the common law doctrine of A vacation of a public way is the formal, recognized
abandonment. 191 process for alienating or abandoning the publics
right to use the land to travel from place to place. It is
Hohnbaum v. City of Woodburn recognized as a process whereby the lawful owner of
the fee, the servient tenant, regains right of exclusive
In this case, the plaintiff executed a subdivision plat, possession and enjoyment of the dominant estate, the
dedicating a portion of their property to the City of bed for the former public way. No other significance
Woodburn for public use as a street. The dedication should be assigned the vacation process.
was accepted by the city and the subdivision was ap-
At this point, it is necessary to be familiar with what
proved. Over a year later, the plaintiff brought a suit ORS Chapter 174 says about vacation.
in equity to rescind the dedication on the grounds
that they never intended to dedicate the property. ORS 174.010: In the construction of a statute, the office of
They said the dedication was executed to accom- a judge is simply to ascertain and declare what is, in terms
modate Wanner (a developer) and that Wanner orally or substance, contained therein, not to insert what has been
misrepresented to them that they would not lose any omitted, or to omit what has been inserted; and where there
property as a result of the dedication. are several provisions or particulars such construction is, if
possible, to be adopted as will give effect to all.194
The trial court had denied the plaintiffs relief. The
Court of Appeals affirmed that decision. It said: The ORS 271.080: Vacation in Incorporated Cities; Peti-
plaintiffs concede that the city had no knowledge of tion; Consent of Property Owners.
the alleged misrepresentation and had not engaged (1) Whenever any person interested in any real
in any inequitable conduct. The only cases cited by property in an incorporated city in this state desires
the plaintiff were cases involving implied dedication to vacate all or part of any street, avenue, boulevard,
where the party asserting the dedication must show alley, plat, public square or other public place, such
that the landowner engaged in conduct from which person may file a petition therefor setting forth a de-
an intent to dedicate may be inferred. At issue here scription of the ground proposed to be vacated, the
is an express dedication in the form of an unequivocal purpose for which the ground is proposed to be used
written dedication as required for approval of subdi- and the reason for such vacation.
vision plats under ORS 92.010 to 92.160, i.e. a statu- (2) There shall be appended to such petition, as a
tory dedication. part thereof and as a basis for granting the same, the
We concur with the trial courts findings that plain- consent of the owners of all abutting property and of not
tiff did not rely on the alleged misrepresentation. less than two-thirds in area of the real property affected
Plaintiffs, both college educated, consulted with thereby. The real property affected thereby shall be
their banker and read the document before execut- deemed to be the land lying on either side of the
ing it. The document contained a metes and bounds street or portion thereof proposed to be vacated and
description of the dedicated streets, a large survey extending laterally to the next street that serves as a
plat upon which the streets and lots are graphically parallel street, but in any case not to exceed 200 feet,
illustrated, and four short paragraphs setting forth and the land for a like lateral distance on either side
the dedication, which states: of the street for 400 feet along its course beyond each
terminus of the part proposed to be vacated. Where
...We hereby dedicate to the public use forever the a street is proposed to be vacated to its termini, the
street laid out through said land as shown on the land embraced in an extension of the street for a dis-
within plat. tance of 400 feet beyond each terminus shall also be
counted. In the vacation of any plat or part thereof the
We do not accept plaintiffs contention that they
consent of the owner or owners of two-thirds in area
did not understand the legal significance of their ac-
of the property embraced within such plat or part
tions.
thereof proposed to be vacated shall be sufficient,
except where such area embraces street area, when, as to
Vacation Statutes such street area the above requirements shall also apply.
The consent of the owners of the required amount of
Where a statute is capable of two constructions, one property shall be in writing and duly acknowledged
repugnant to the constitution, and the other in rec- before an officer authorized to take acknowledg-
ognition of the private rights in property protected ments of deeds. (Emphasis supplied.)195
by the constitution, the latter must prevail, the un- ORS 271.090. Filing of Petition; Notice. The peti-
constitutional construction being disregarded for tion shall be presented to the city recorder or other
want of legislative authority, 193 recording officer of the city. If found by the recorder
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to be sufficient, the recorder shall file it and inform thereof. If such matters are determined in favor of the
at least one of the petitioners when the petition will petition the governing body shall by ordinance make
come before the city governing body. A failure to give such determination a matter of record and vacate such
such information shall not be in any respect a lack of juris- plat or street; otherwise it shall deny the petition.
diction for the governing body to proceed on the petition. The governing body may, upon hearing, grant the
(Emphasis supplied.) petition in part and deny it in part, and make such
ORS 271.100: Action by Council. The city governing reservations, or either, as appear to be for the public
body may deny the petition after notice to the petition- interest. (Emphasis supplied.)
ers of such proposed action, but if there appears to be Note: The statutes contained here are those in effect
no reason why the petition should not be allowed in on Sept. 20, 1985. They are quoted to make one aware
whole or in part, the governing body shall fix a time of their existence and for discussion of vacation pro-
for a formal hearing upon the petition. (Emphasis cedures. They are not intended as a substitute for the
supplied.) official statutes published by the Legislative Counsel
ORS 271.110. Notice of Hearing. (1) The city re- Committee of the Legislative Assembly. Be aware
corder or other recording officer of the city shall give that every statute was subject to amendment by the
notice of the petition and hearing by publishing a no- 1987 Legislative Assembly, and by any subsequent
tice in the city official newspaper once each week for assembly.
four consecutive weeks. If no newspaper is published ORS 271.130. Vacation on City Councils Own Mo-
in such city, written notice of the petition and hearing tion; Appeal. (1) The city governing body may initi-
shall be posted in three of the most public places in ate vacation proceedings authorized by ORS 271.080
the city. The notices shall describe the ground covered and make such vacation without a petition or consent
by the petition, give the date it was filed, the name of of property owners. Notice shall be given as provided
at least one of the petitioners and the date when the
by ORS 271.110, but such vacation shall not be made
petition, and any objection or remonstrance, which
before the date set for hearing, nor if the owners of a
may be made in writing and filed with the recording
majority of the area affected, computed on the basis
officer of the city prior to the time of the hearing, will
provided in ORS 271.080, object in writing thereto,
be heard and considered.
nor shall any street area be vacated without the consent
(2) Within five days after the first day of publication of the owners of the abutting property if the vacation will
of the notice the city recording officer shall cause to be substantially affect the market value of such property, un-
posted at or near each end of the proposed vacation less the city governing body provides for paying damages.
a copy of the notice which shall be headed, Notice of Provision for paying such damages may be made by
Street Vacation, Notice of Plat Vacation, or Notice a local assessment or in such other manner as the city
of Plat and Street Vacation, as the case may be. The charter may provide. (Emphasis supplied.)
notice shall be posted in at least two conspicuous
places in the proposed vacation area. The posting and (2) Two or more streets, alleys, avenues and bou-
first day of publication of such notice shall be not less levards, or parts thereof, may be joined in one pro-
than 28 days before the hearing. ceeding, provided they intersect or are adjacent and
parallel to each other.
(3) The city recording officer shall, before publishing
such notice, obtain from the petitioners a sum suf- (3) No ordinance for the vacation of all or part of a
ficient to cover the cost of publication, posting and plat shall be passed by the governing body until the
other anticipated expenses. The city recording officer city recording officer has filed in the office of the city
shall hold the sum so obtained until the actual cost recording officer or indorsed on the petition for such
has been ascertained, when the amount of the cost vacation a certificate showing that all city liens and
shall be paid into the city treasury and any surplus all taxes have been paid on the lands covered by the plat or
refunded to the depositor. portion thereof to be vacated. (Emphasis supplied.)
ORS 271.120. Hearing; Determination. At the time (4) Any property owner affected by the order of va-
fixed by the governing body for hearing the petition cation or the order awarding damages or benefits in
and any objections filed thereto or at any postpone- such vacation proceedings may appeal to the circuit
ment or continuance of such matter, the governing court of the county where such city is situated in the
body shall hear the petition and objections and shall manner provided by the city charter. If the charter
determine whether the consent of the owners of the does not provide for such appeal, the appeal shall be
requisite area has been obtained, whether notice has taken within the time and in substantially the manner
been duly given and whether the public interest will be provided for taking an appeal from justice or district
prejudiced by the vacation of such plat or street or parts court in civil cases.
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Principle 72 petition is accompanied by a plat showing the proposed
manner of replatting or rededicating.198 If the proposed
ORS 271.140: Title to Vacated lends. The title to the manner of replatting or rededicating or any modifica-
street or other public area vacated shall attach to the tion thereof which may subsequently be made meets
lands bordering on such area in equal portions; except with the approval of the city governing body, it shall
that where the area has been originally dedicated by dif- require a suitable guarantee to be given for the carrying
ferent persons and the fee title to such area has not been out of such replatting or rededication or make any vaca-
otherwise disposed of, original boundary lines shall be tion conditional or to take effect only upon the consum-
adhered to and the street area which lies on each side of mation of such replatting or rededication.
such boundary line shall attach to the abutting property
on such side. If a public square is vacated the title thereto ORS 271.180. Vacations in Municipalities Included
shall vest in the city. in Port Districts; Petition; Power of Common Coun-
cil; Vacating Street along a Railroad Easement. To
Comment: ORS 271.140 is codification of the common the end that adequate facilities for terminal trackage,
law principle found in Neil v. Independent Realty Co., structures and the instrumentalitys of commerce and
supra; Keown v. Brandon., supra; Stillwater v. Hamilton, transportation may be provided in cities and towns
supra; Frank W. Cox Real Estate Co. v. Pendleton, supra; located within or forming a part of any port district
Bowers v. Atchison T. & S. F. Ry. Co., supra; Texas Co. organized as a municipal corporation in this state,
v. TexarKana Mach. Shops, supra; Lynchburg v. Peters, the governing bodies of such cities and towns, upon
supra; Gossotol Realty Corp. v. Gillman, supra; 70 A.L.R.; the petition of any such port, or corporation empow-
42 A.L.R.; and many other cases and authorities. It ered to own or operate a railroad, steamship or other
is also in harmony with principles of law found in: transportation terminal, or railroad company enter-
Huddleston v. Eugene, supra; McQuaid v. Portland Ry. ing or operating within such city or town, or owner
Co., supra; City of Portland v. Whittle, supra, Portland of property abutting such terminal, may:
Baseball Club v. Portland, supra; Kurtz v. Southern Pacific
Company, supra; Carter v. Portland, supra; P & W. V. R. (1) Authorize any port commission, dock commission,
Co. v. City of Portland C. Ry. Co., supra; Lankin v. Ter- common carrier, railroad company or terminal compa-
williger, supra; Oliver v. Newberg, supra; John P. ny to occupy, by any structure, trackage or machinery
facilitating or necessary to travel, transportation or dis-
Sharkey Co. v. City of Portland, supra; Cross v. Talbot, su- tribution, any street or public property, or parts thereof,
pra; McAdam v. Smith, supra; Fahey v. City of Bend, su- within such city or town, upon such reasonable terms
pra; Hurd v. Byrnes, supra; and the 1975 case of Fossi v. and conditions as the city or town may impose.199
Myers, supra. This statute recognizes the common law
principle that the fee in a public way remains in the (2) Vacate the whole or any part of any street, alley,
dedicator or grantor of land for public road purposes. common or public place, with such restrictions and
This estate in the public road is an existing owner- upon such conditions as the city governing body may
ship of the fee, but is subject to the easement in the deem reasonable and for the public good.
public.196 In other words, the title in the street or other
(3) If any railroad company owns or has an exclu-
vacated way or public area is not a consequence of ORS
sive easement upon a definite strip within or along
271.140; the statute is a consequence of the established
any public street, alley, common or public place, and
estates recognized by the courts and the legislature.
if the city governing body determines such action to
ORS 271.150: Vacation Records to be filed: Costs. A be the advantage of the public, vacate the street area
certified copy of the ordinance vacating any street or between the strip so occupied by the railroad compa-
plat area and any map, plat or other record in regard ny and one property line opposite thereto, condition
thereto which may be required or provided for by that the railroad company dedicates for street pur-
law, shall be filed for record with the county clerk. poses such portion of such exclusive strip occupied
The petitioner for such vacation shall bear the record- by it as the city governing body may determine upon,
ing cost and the cost of preparing and filing the certi- and moves its tracks and facilities therefrom onto the
fied copy of the ordinance and map. street area so vacated (remainder in Principle 73).
A certified copy of any such ordinance shall be filed with
the county assessor and county surveyor. (Emphasis Principle 73
supplied.) (ORS 271.180(3) continued). The right and title of the
ORS 271.160. Vacations for Purposes of Rededication. railroad company in the vacated area shall be of the
No street shall be vacated upon the petition of any same character as previously owned by it in the exclusive
person197 when it is proposed to replat or rededicate all strip which it is required by the city governing body to
or part of any street in lieu of the original unless such surrender and dedicate to street purposes.
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ORS 271.190. Consent of Owners of Adjoining Prop- whatsoever by any person not filing written objec-
erty; Other Required Approval. No vacation of all tions within the time provided in this section.
or part of a street, alley, common or public place shall
ORS 271.230. Records of Vacations; Fees. (1) If any
take place under ORS 271.180 unless the consent of the
persons owning the property immediately adjoining town or plat of any city or town is vacated by a coun-
that part of the street or alley to be vacated is obtained ty court or municipal authority of any city or town,
thereto in writing and filed with the auditor or clerk of the vacation order or ordinance shall be recorded in
the city or town. No vacation shall be made of any street, the deed records of the county and shall be indexed
alley, public place or part thereof, if within 5,000 feet of the under the letter V, title Vacations. Whenever a va-
harbor or pierhead line of the port, unless the port commis- cation order or ordinance is so recorded, the county
sion, or other bodies having jurisdiction over docks and surveyor of such county shall, upon the original plat and
wharves approves the proposed vacation in writing. any copy thereof certified by the county clerk, trace or
shade with permanent ink in such manner as to denote that
ORS 271.200. Petition; Notice. (1) Before any street, portion so vacated, and shall make the notation Vacated
alley, common or public place or any part thereof is upon such original plat or copy thereof, giving the book and
vacated, or other right granted by any city govern-
page of the deed record in which the order or ordinance is
ing body under ORS 271.180 to 271.210 the applicant
recorded. (Emphasis supplied.)
must petition the governing body of the city or town
involved, setting forth the particular circumstances of Subsection (2) provides for the collection of record-
the case, giving a definite description of the property ing fees and fee for surveyor services provided for in
sought to be vacated, or of the right, use or occupancy subsection (1) (see published statutes).
sought to be obtained, and the names of the persons
to be particularly affected thereby. The petition shall Vacation of County Property
be filed with the auditor or clerk of the city or town
involved 30 days previous to the taking of any action ORS 368.326. Purpose of Vacation Proceedings;
thereon by the city governing body. Limitation. ORS 368.326 to 368.366 establish vaca-
tion procedures by which a county governing body
(2) Notice of the pendency of the petition, contain-
may vacate a subdivision, part of a subdivision, a
ing a description of the area sought to be vacated or
right, use or occupancy sought to be obtained, shall public road, a trail, a public easement, public square
be published at least once each week for three succes- or any other public property or public interest in
sive weeks prior to expiration of such 30-day period property under the jurisdiction of the county gov-
in a newspaper of general circulation in the county erning body. The vacation procedures under ORS
wherein the city or town is located. 368.326 to 368.366:
ORS 271.210. Hearing; Grant of Petition. Hearing (1) Shall not be used by the county governing body to
upon the petition shall be had by the city governing vacate property or an interest in property that is within
body at its next regular meeting following the expira- a city.
tion of 30 days from the filing of the petition. At that (2) Are an alternate method to the method established un-
time, objections to the granting of the whole or any der ORS chapter 92 for the vacation of a subdivision. 200
part of the petition shall be duly heard and considered
by the governing body, which shall thereupon, or at Principle 74
any later time to which the hearing is postponed or ad-
journed, pass by a majority vote an ordinance setting ORS 368.331: Limitation on Use of Vacation Proceedings
forth the property to be vacated, or other rights, occu- to Eliminate Access. A county governing body shall not
pancy or use to be thereby granted. Upon the expira- vacate public lands under ORS 368.326 to 368.366 if the
tion of 30 days from the passage of the ordinance and vacation would deprive an owner of a recorded property
the approval thereof by the mayor of the city or town, right of access necessary for the exercise of that property
the ordinance shall be in full force and effect. right unless the county governing body has the consent
ORS 271.220. Filing of Objections; Waiver. All ob- of the owner. 201
jections to the petition shall be filed with the clerk or
auditor of the city or town within 30 day from the fil- ORS 368.336. Abutting Owners in Vacation Pro-
ing of the petition, and if not so filed shall be conclu- ceedings. Where the property proposed to be vacated
sively presumed to have been waived. The regularity, under ORS 368.326 to 368.366 is a public road, a person
validity and correctness of the proceedings of the city owning property that abuts either side of the road is an
governing body pursuant to ORS 271.180 to 271.210, abutting property owner for purposes of ORS 368.326 to
shall be conclusive in all things on all parties, and 368.366 even when the county governing body proposes to
cannot in any manner be contested in any proceeding vacate less than the full width of the road202
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ORS 368.341. Initiation of Vacation Proceedings; (4) The county governing body may require a fee for
Requirements for Resolution or Petition. the filing of a petition under this section. 203
(1) A county governing body may initiate proceed- ORS 368.346. Report, Notice and Hearing for Vacation
ings to vacate property under ORS 368.326 to 368.366 Proceedings. Except as provided in ORS 368.351:
if:
(1) When a vacation proceeding has been initiated
(a) The county governing body adopts a resolution under ORS 368.341, the county governing body shall
meeting the requirements of this section; direct the county road official to prepare and file with
the county governing body a written report contain-
(b) The person who holds title to property files with the
ing the following:
county governing body a petition meeting the require-
ments of this section and requesting that the property be (a) A description of the ownership and uses of the
vacated; or property proposed to be vacated;
(c) The owner of property abutting public property files (b) An assessment by the county road official of
with the county governing body a petition meeting the whether the vacation would be in the public interest;
requirements of this section and requesting vacation of and
the public property that abuts the property owned by the
(c) Any other information required by the county
person.
governing body
(2) A county governing body adopting a resolution
(2) Upon receipt of the report under subsection (1) of
under this section shall include the following in the
this section, a county governing body shall establish a
resolution:
time and place for a hearing to consider whether the
(a) A declaration of intent to vacate property; proposed vacation is in the public interest.
(b) A description of the property proposed to be (3) Notice of. the hearing under this section shall be
vacated; and provided under ORS 368.401 to 368.426 by posting
and publication and by service on each person with a
(c) A statement of the reasons for the proposed vaca-
recorded interest in any of the following.
tion.
(a) The property proposed to be vacated;
(3) Any person filing a petition under this section
shall include the following in the petition: (b) An improvement constructed on public property
proposed to be vacated; or
(a) A description of the property proposed to be
vacated; (c) Real property abutting public property proposed
to be vacated.
(b) A statement of the reasons for requesting the
vacation; (4) During or before a hearing under this section, any
person may file information with the county govern-
(c) The names and addresses of all persons holding
ing body that controverts any matter presented to the
any recorded interest in the property proposed to be
county governing body in the proceeding or that al-
vacated;
leges any new matter relevant to the proceeding.204
(d) The names and addresses of all persons owning
ORS 368.351. Vacation Without Hearing. A county
any improvements constructed on public property
governing body may make a determination about a
proposed to be vacated;
vacation of property under ORS 368.326 to 366.366
(e) The names and addresses of all persons owning without complying with ORS 368.426 if:
any real property abutting public property proposed
(1) The county road official files with the county
to be vacated;
governing body a written report that contains the
(f) Signatures, acknowledged by a person autho- county road officials assessment that any vacation of
rized to take acknowledgments of deeds, of either public property is in the public interest; and
owners of 60 percent of the land abutting the prop-
(2) The proceedings for vacation under ORS 368.326
erty proposed to be vacated or 60 percent of the
to 368.366 were initiated by a petition under ORS
owners of land abutting the property proposed to be
366.341 that contains the acknowledged signatures
vacated; and
of owners of 100 percent of any private property pro-
(g) If the petition is for vacation of property that will posed to be vacated and acknowledged signatures
be redivided in any manner, a subdivision plan or of owners of 100 percent of property abutting any
partitioning plan showing the proposed redivision. public property proposed to be vacated. The petition
16-32
must indicate the owners approval of the proposed (3) Public bodies vacating property under this sec-
vacation.205 tion shall each use procedures for vacation that each
uses for other vacation proceedings.207
ORS 368.356. Order, Damages and Costs in Vacation
Proceedings. (1) After considering matters present-
Principle 75
ed under ORS 368.346 or 368.351, a county governing
body shall determine whether vacation of the prop- ORS 366.366: Ownership of Vacated Property. (1)
erty is in the public interest and shall enter an order When a county governing body vacates public property
or resolution granting or denying the vacation of the under ORS 368.326 to 368.366, the vacated property shall
property under ORS 368.326 to 368.366. vest as follows:
(2) An order or resolution entered under this section
shall: (a) If the county holds title to the property in fee, the
property shall vest in the county.
(a) State whether the property is vacated;
(b) Describe the exact location of any property va- (b) If the property vacated is a public square the prop-
cated; erty shall vest in the county.208
(c) Establish the amounts of any costs resulting from (c) Unless otherwise described in paragraph (a) or (b)
an approved vacation and determine persons liable of this subsection the vacated property shall vest in the
for payment of the costs; rightful owner holding title according to law.
(d) Direct any persons liable for payment of costs to
(d) Except as otherwise provided in this subsection,
pay the amounts of costs established; and
the vacated property shall vest in the owner of the land
(e) If a plat is vacated, direct the county surveyor to abutting the vacated property by extension of the per-
mark the plat as provided under ORS 271.230. sons abutting property boundaries to the center of the
vacated property.
(3) When an order or resolution under this section
becomes final, the county governing body shall cause
(2) Notwithstanding subsection (1) of this section, a
the order to be recorded with the county clerk and
county may determine the vesting of property vacated
cause copies of the order to be filed with the county
under ORS 368.326 to 368.366 in the order of resolution
surveyor and the county assessor. The order or resolu-
that vacates the property. 209
tion is effective when the order or resolution is filed
under this subsection.
Subsection (2) warrants the strictest legal interpre-
(4) Any person who does not pay costs as directed tation because it has often been misinterpreted to
by an order under this section is liable for those mean: The counties are authorized to disregard sub-
costs.206 section (1) when determining the vesting of property
vacated under ORS 368.326 to 368.366. But if this
ORS 368.361. Intergovernmental Vacation Proceed-
were true, the subsection would also mean that the
ings. (1) Notwithstanding ORS 368.326, a county gov-
legislature was authorizing counties to disregard the
erning body may vacate property that is under mul-
estate of the rightful owner holding title according to
tiple public jurisdiction or that crosses and recrosses
the law (recognized in Subsection lc). And where the
from public jurisdiction to public jurisdiction if:
rightful owner is identified by application of the
(a) Vacation proceedings are initiated by each public common law, and the ownership is a consequence of
body with jurisdiction; the common law, the courts say that any statute that
alters the common law is subject to the strictest legal
(b) The public bodies proceed separately with vaca-
interpretation. That is because where a common law
tion proceedings or conduct a joint proceeding; and
exists, it very likely has the consequence of a property
(c) Each public body reaches a separate decision right protected by the constitution.
about the proposed vacation.
A strict legal interpretation is: The vesting of property
(2) Each public body must reach a separate deci- made in accordance with ORS 368.366(2) must be deter-
sion to vacate property under this section before the mined in recognition of the existing right, title and interest
vacation may be completed. If each public body has in the real property of any person, persons, corporation or
determined that the property should be vacated, each body politic. The legislature knows that any law re-
public body shall issue a separate order or resolution pugnant to the constitution is void for want of juris-
vacating those portions of the property under their diction. When it makes a law, it expects that law to be
respective jurisdictions. interpreted in recognition of the constitution and the
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common law (because, as already emphasized in this (2) Each review conducted pursuant to subsection
publication, Oregon is a common law state). (1) of this section shall be conducted in the man-
ner and subject to the conditions prescribed in ORS
Where the owner of land lays out and establishes a town
92.225. 215
and makes and exhibits a map or plan thereof, and sells and
conveys lots by reference to such plan or map, the streets ORS 92.225. Determining Whether Subdivision Sub-
and public places designated on that documents are irrevo- ject to Review and Need for Revision or Vacation; De-
cably dedicated to the public. 210 termining Need for Revision or Vacation of Undevel-
oped Subdivision; Hearings; Notice to Landowners.
The sale and conveyance of lots and blocks according to
(1) The agency or body required to conduct the review
such plan or map implies a covenant that the streets and
under 0RS 92.215 shall investigate the status of the lands
other places designated on the plan or map shall never be
included within a subdivision to determine whether the
appropriated by the owner to a use inconsistent with that
represented by the map.211 subdivision is undeveloped.
To reclaim the land would be in violation of good faith to (2) For the purpose of this section, the lands de-
the public and grantees who purchased the lots with the scribed in the plat of any subdivision under review
expectation of using the streets and enjoying the public shall be considered to be developed if any of the fol-
parks, squares and commons. In the case of the sale of a lowing conditions are found by the agency or body
lot with reference to a plat there is the added feature that conducting the review to exist on such lands:
an easement indicated by the plat constitutes a part of the (a) Roadways providing access into and travel within
consideration passing to the purchaser.212 the subdivision have been or are being constructed to meet
Ordinarily the sale of a single lot completes the dedica- the specifications prescribed therefor by the agency or body
tion and more especially does the sale of a single lot effect a that approved the plat of the subdivision;
dedication of a street upon which the lot abuts.213 (b) Facilities for the supply of domestic or industrial
water to lots created by the subdivision have been or
Undeveloped Subdivision are being constructed;
ORS 92.205. Policy. (1) The Legislative Assem- (c) Sanitary sewerage disposal facilities have been or
bly finds that many subdivisions for which plats are being constructed for lots created by the subdivi-
have been approved and recorded have not been sion, or septic tanks have been or are being installed
developed and that many such subdivisions were on the land or permits have been issued for their in-
approved prior to the adoption of a comprehensive stallation on the land;
plan, zoning regulations and ordinances and modern (d) Buildings have been or are being constructed
subdivision control standards by the jurisdiction upon the land or permits have been issued for the
within which the lands described in the subdivision construction of buildings upon the land; and
plats are situated.
(e) One or more lots described in the plat of the subdivi-
(2) The Legislative Assembly finds, therefore, that it sion have been sold or otherwise transferred prior to the
is necessary for the protection of the public health, date of the initiation of such review. (See comments that
safety and welfare to provide for the review of unde- follows the quotation of ORS 92.245.)
veloped subdivisions for the purpose of modifying
such subdivisions, if necessary, to comply with the (3) If the agency or body determines that a subdivi-
current comprehensive plan, zoning ordinances and sion is undeveloped after its investigation of the sub-
regulations and modern subdivision control stan- division under subsection (1) of this section, it shall
dards, or, if such modification is not feasible, of vacat- also determine:
ing the nonconforming, undeveloped subdivisions and to
(a) If the undeveloped subdivision complies with
vacate any lands dedicated for public use that are described
the comprehensive plan, zoning regulations and or-
in the plat of each such vacated subdivision.214
dinances and regulations then in effect with respect
ORS 92.215. Review Authorized; Manner. (1) Each to lands in the subdivision; and
agency or body authorized to approve subdivision
(b) If the subdivision does not comply with such
under ORS 92.040 may:
plan and ordinances and regulations whether the
(a) Review each subdivision approved on or after subdivision may be revised to comply with such plan
October 5, 1973, after the expiration of 10 years after and ordinances and regulations.
the date of such approval.
(4) If the agency or body determines that a subdi-
(b) Review each subdivision plat approved more vision is undeveloped after its investigation of the
than 10 years prior to October 5, 1973. subdivision under subsection (1) of this section, it
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shall hold a hearing to determine whether the un- ing shall be suspended during such vacation proceedings.
developed subdivision should be revised and the If the subdivision is vacated at the initiation of an owner,
subdivision re-platted or vacated and all lands within the review proceedings under ORS 92.205 to 92.245 shall
the subdivision that have been dedicated to public use be discontinued; but, if the subdivision is not vacated at
vacated. Not later than 30 days before the date of a the request of an owner, the review proceedings under ORS
hearing held by an agency or body under this sec- 92.205 to 92.245 shall be resumed at the termination of the
tion, the agency or body shall notify, in writing, each proceedings brought by an owner of lands in the subdivi-
owner of record of land described in the plat of the sion.218
subdivision under review of the date, place, time and
ORS 92.245. Fees for Review Proceedings Resulting
purpose of such hearing.216
in Modification or Vacation. The governing body of
ORS 92.234. Revision, Vacation of Undeveloped a city or county may, by ordinance or regulation ad-
Subdivisions; Vacating Proceedings; Effect of Ini- opted in accordance with ORS 92.048, prescribe fees
tiation by Affected Landowner. (1) Following a sufficient to defray the costs incurred in the review
hearing conducted as required under ORS 92.225 (4), and investigation of, and action upon undeveloped
the agency or body conducting the hearing may: subdivisions for which the plat is modified or va-
cated under ORS 92.205 to 92.245.219
(a) Require the revision of a subdivision and a re-
plat of the subdivision as it considers necessary, if it Comment. The legislature has taken great care to
finds that the subdivision may be revised to comply insure that the review and actions provided in ORS
with the comprehensive plan, zoning ordinances and 92.205 to 92.245 do not infringe on the rights of the
regulations and other modem subdivision control owners of a subdivision, developers of land in a
standards not in existence when the subdivision was subdivision, and especially the grantee of any lot of a
initially approved; or subdivision. ORS 92.225(2)e was enacted in recogni-
tion of the principles of law announced by the Or-
(b) Initiate proceedings, as provided in subsection (3) of
egon Supreme Court. It is cited in this chapter as the
this section, for vacation of the subdivision, if it finds that
introduction to the statutes governing the review of
the subdivision cannot be revised in accordance with the
undeveloped subdivisions. Those same principles of
comprehensive plan, zoning ordinances and regulations
law must be considered when approving re-platting
and other modern subdivision control standards not in
as provided by the following statutes (ORS 92.180 to
existence when the subdivision was initially approved.
92.190).
(2) If an agency or body requires the revision and
re-plat of a subdivision under paragraph (a) of sub- Re-platting
section (1) of this section, it shall approve the subdi-
vision only upon the completion of the revisions as ORS 92.180. Authority to Review Re-plats. (1) Each
required by it and the re-plat of the subdivision as agency or body authorized to approve subdivision
provided in ORS 921.180 to 92.190. plats under ORS 92.040 shall have the same review
and approval authority over any proposed re-plat of
(3) If the agency or body determines that it is necessary
a recorded plat.
to vacate a subdivision, the agency or body shall adopt an
ordinance vacating the subdivision and providing for the (2) Nothing in this section regarding re-platting
vacation of lands within the subdivision that have been shall be construed to allow subdividing of land with-
dedicated for public use. Title to lands within a vacated out complying with all the applicable provisions of
subdivision shall vest as provided in ORS 271.140 and this chapter.220
368.366. Any owner of lands described in the plat of the
ORS 92.185. Reconfiguration of Lots and Public
vacated subdivision who is aggrieved by the action of the
Easements; Vacation; Notice; Utility Easement. The
agency or body in vacating the subdivision may appeal
act of re-platting shall allow the reconfiguration of
such action in the manner provided in ORS 34.010 to
lots and public easements within a recorded plat. Upon
34.100.217 The ordinance adopted by the agency or body for
approval by the reviewing agency or body as defined
the vacation of the subdivision and the lands therein dedi-
in ORS 92.180, re-plats will act to vacate the platted lots
cated to public use shall be filed with the county recording
and easements within the re-plat area with the following
officer as provided in ORS 271.150.
conditions.
(4) Nothing in ORS 92.205 to 92.245 shall prevent the
(1) A re-plat, as defined in ORS 92.010 (10) shall ap-
owner of any lands within an undeveloped subdivision
ply only to a recorded plat.
from seeking vacation of such subdivision under city or
county vacation procedures and, if such vacation proceed- (2) Notice shall be provided as described in ORS
ings are commenced after the date of the notice of review of 92.225(4) when the re-plat is re-platting all of an un-
the subdivision by the agency or body, the review proceed- developed subdivision.
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(3) Notice, consistent with the governing body of a Problem 1: Siegenthaler v.
city or county approval of a tentative plan of a subdi-
vision plat, shall be provided by the governing body
N. Tillamook San.223
to the owners of property adjacent to the exterior Note: This case was before the Oregon Court of Appeals.
boundaries of the tentative subdivision re-plat. In such cases, the court is reviewing the action of an in-
(4) When a utility easement is proposed to be re- ferior court to determine if the decision of that court was
aligned, reduced in width or omitted by a tentative made in accordance with well-recognized principles of
re-plat approval, all affected utility companies of judicial procedure. In such cases, the only facts, evidence,
public agencies shall be notified, consistent with a testimony, etc. that can be considered are those introduced
governing bodys notice to owners of property con- in the records of the trial court. Although other problems,
tiguous to the tentative plat. solutions and considerations can be identified in such
cases, the court can only consider the charges, claims and
(5) A re-plat shall comply with all subdivision pro- complaints made in the lower court.
visions of this chapter and all applicable ordinances
and regulations adopted under this chapter.221 In 1910, S.G. Reed and Beulah K. Reed filed a plat with Til-
lamook County covering this area (see figure 4-5). Included
ORS 92.190. Effect of Re-plat; Operation of Other Stat- in the plat was a dedication to the county, for road purposes,
utes; Use of Alternate Procedures. of a 100-foot-wide strip of land, running roughly parallel to
(1) The re-plat of a portion of a recorded plat shall not act the ocean beach. The strip was designated Pacific Boule-
to vacate any recorded covenants or restrictions. vard. By the dedication, the county received an easement
for the stated purpose. In this case, it was undisputed that
(2) Nothing in ORS 92.180 to 92.190 is intended to pre- the parcel of land at issue (S as shown and hatched in fig-
vent the operation of vacation actions by statutes in ORS ure 4-5), the land on which the defendant sanitary authority
chapter 271 and 368. was building a pumping station, was part of the 100-foot
(3) The governing body of a city or county may use strip dedicated to the county by the Reeds in 1910.
procedures other than re-platting procedures in ORS Sometime before 1950, the plaintiff and his late wife ac-
92.010 (8), as long as those procedures include the quired several lots in this area (labelled P on the map in
recording or other central filing of the final lot line figure 4-5).
adjustment. 222
In September 1950, the plaintiff, along with several other
landowners in the area, executed quitclaim deeds to the coun-
Vacation Problems ty for the disputed parcel, limiting its use to park purposes.
While a highway exists there is nothing more than a In December 1950, the county vacated Pacific Boulevard. The
mere suspension of the abutters right. vacated land, including the disputed parcel, remained unoc-
Elliott, Roads and Streets cupied until 1972 when the defendant expressed an interest
in it as a possible site for a pumping station. The county
This discussion will focus on the typical mapping then leased the disputed parcel to the defendant. When the
and assessment problems effected by the vacation of defendant sought the conditional use permit, necessary for it
public ways. The crux of most of the problems is the to build the pumping station on this parcel, several landown-
ownership of the bed of the public way. Consequent- ers expressed disapproval, but the permit was granted. Then,
ly, the problems are not a result of a vacation, but only for reasons not disclosed in the record, the sanitary authority
brought to the attention of the cartographer by the brought a condemnation proceeding against the county to ob-
act of vacating a public way. If there is a problem of tain the parcel outright. The plaintiff sought to intervene, but
ownership of vacated land, the problem existed long the request was refused. The county allowed a default judg-
before the vacation of the land. By keeping that point ment to be entered, and the defendant obtained the parcel for
in mind, most vacation problems will be easier to $100. The plaintiff then brought this suit to enjoin construc-
resolve. tion of the pumping station.
Be aware that principles of law that seem absolute in The plaintiffs suit was based on the theory that his quit-
one problem will be less absolute in similar problems claim deed of 1950 gave the disputed parcel to the county
with slightly different fact or circumstances. So where and limited its use to park purposes. He contended
you are relying on the solution provided here to solve that when the county vacated Pacific Boulevard, the
a problem similar to that defined here, it is important disputed parcel, being a part of Pacific Boulevard,
to analyze the differences between the problems to de- passed to him as the successor to the original dedica-
termine if those differences will allow the application tion of the boulevard, i.e. the Reeds. He claimed that
of the same principle of law. In every case, pay atten- the quitclaim deed was effective to pass the disputed
tion to detail. parcel to the county for park purposes, even though
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it was prior to the vacation, because he owned the plaintiffs predecessor retained some interest the fee
underlying fee in Pacific Boulevard.224 underlying Nehalem Road (Note: this is very likely),
and it is even possible they retained some interest
The court held that the plaintiffs contention that the
in a part of that road abutting the vacated property
road reverts to the successors of the original own-
(Note: and this is also very likely), the plaintiff has
ers upon vacation cannot be sustained. Under such
not attempted to prove this. Moreover, this court
circumstances, title passes to the then abutting property
would not be able to make such a determination
owners.225
from the record before us in any event. Therefore,
A clarification is necessary because that statement ap- since the plaintiff has not shown that any of his
pears contradictory. The court is pointing to the error property abutted the vacated property at the time
in the plaintiffs claim. The rule is not that the road of the 1950 vacation, he has established no interest
reverts to the successors only; it reverts to the succes- in the disputed parcel. The plaintiffs 1950 quitclaim
sors or grantees of property abutting the dedicated way. deed was then ineffective to pass any interest in the
In this case, the plaintiff is not technically the abut- disputed parcel to the county; and was likewise in-
ter to the vacated land in question. The true abutter effective in restricting the county use of that parcel.
would be the owner of abutting land in block 1. Accordingly, the court below (the trial court) prop-
erly denied plaintiff requested injunctive relief. 226
The court further explains:
While in most cases the successor to the original Problem 2: Does the Deed Convey the
dedication will also be the abutting property owner, Fee? Or Merely an Easement?
this is not always the case. Here, another public
street, namely Nehalem Road, lies between the A county is about to vacate a part of a county road.
plaintiffs property and the disputed parcel. While it The county board of commissioners has requested
is possible that by virtue of the 1910 dedication the the cartographer to determine the fee title owner of
16-37
the land to be vacated. The determination is to allow a fee simple estate. The statutory deed form was
the inclusion of the vesting of the fee (i.e. the rever- provided to show the minimum wording necessary
sionary rights to the land) in the order of resolution to pass the maximum estate. It was not provided to
vacating the land (as provided in subsection 2 of ORS prohibit the use of a warranty deed to convey an es-
368.366).227 tate less than fee simple absolute. The deed will convey
whatever interest the deed purports to convey.229
The only evidence before the cartographer is a war-
ranty deed for the 60-foot strip of land described in The claim that ORS 93.120 acts to pass all the estate of
two parts: Parcel 1 and Parcel 2. The county legal the grantor was refuted by the Court in Cappelli, i.e.
counsel has informally suggested the deed oper- that ORS 93.120 (like ORS 93.850) was:
ated to convey the fee because: (1) Warranty deeds
... enacted principally to abolish the ancient rule that
are not used to convey easements, relying on ORS
the words and heirs were necessary to create a fee simple
93.850(2) that provides that a warranty deed in the
estate. The statute was not designed to inhibit inquiry
form prescribed by stature has the effect of convey-
into the grantors intent where he has used ambiguous
ing the entire interest in the described property...
language in his deed.
(2) ORS 93.120 operates to pass all the estate of the
grantor, and (3) The right of way was not described as 2. The use of the word parcel, as in Parcel 1,
running over and across lands of the grantors. Parcel 2, Parcel 3, etc., as a heading for sepa-
In addition to the informal advice of legal counsel, rate descriptions in a deed denotes an intent to
the cartographer relies on rules of construction hand- convey the land rather than a right to use the
ed down by former cartographers (some rules having land. False.
their roots in Department of Revenue advice) to de- The Oregon Supreme Court has held that such words
termine the intent of the deed. One of the rules is the only serve as ... a heading for a description, whether the
warranty deed rule suggested by legal counsel. The grantor intended to describe an easement or a fee.230
rules, and the analysis of each rule, are as follows:
3. Wording such as for public road, for county
1. Warranty deeds are not used to convey ease- road, for highway purposes, for use as a
ments. False. public highway, etc., always constitute words
In Cappelli v. Justice228 the Oregon Supreme Court did of limitation. And when such language is used
not consider that rule as valid, stating. ... We are sure in a deed for a public way, it always limits the
that many deeds denominated warranty deed contain estate to an easement. False.
grants of easements described as rights-of-way. This is a convenient but erroneous rule that cartogra-
And indeed they do. Anyone involved in making or phers have relied on in the past. When such language
maintaining cadastral maps has encountered war- operates as words of limitation, it will limit the estate
ranty deeds that not only convey the fee to a tract of to an easement. But it has been held that such lan-
land, but convey the right of ingress and egress across guage is not always words of limitation. When stated
the land of another to the tract conveyed in fee, i.e. an a certain way, or provided outside of the granting
easement appurtenant. If a warranty deed can operate clause, it has been held to merely define the contern-
to convey both levels of estate at once, then it stands plated use of the land. In such cases the courts have fol-
to reason that such a deed is capable of conveying lowed the rule codified here as Principle 76.
either level of estate without conveying the other. A
warranty deed is used to designate the quality of the Principle 76
conveyance, not the level of estate being conveyed.
Whether the provisions of a deed operate to convey fee
The entire language of the deed is used to show the
simple absolute title, or merely to create an easement,
level of estate conveyed. The warranty deed is a cov-
must be determined from the language of the entire
enant by the grantor of lands to warrant and defend
instruments; giving effect to all recitals if possible.231
the title and possession of the estate granted to the
grantee; that is, a deed that contains a covenant of
The presumption is that the intention of the parties is
warranty.
expressed by the language of the deed itself.232 This, of
It is true that Oregon law provides that a statu- course, means the language of the entire deed. Thus
tory warranty deed (in the form of Subsection 1 of ORS it is essential to follow the cardinal rule that the con-
93.850): ... shall convey the entire interest in the struction of a deed be made on the entire deed, and
described property at the date of the deed which the not merely upon a particular part. Having thus taken
deed purports to convey. But such statements regard- the instrument by the four comers, you can endeavor
ing modern warranty deeds are to emphasize that the to ascertain its true intent (which is the essence of every
words and heirs are no longer necessary to create agreement).233
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Consequently, true words of limitation that limit or applicable to transactions for acquiring rights of way
restrict the use of the land to that of public travel will for public highways, will now be discussed.
reduce the level of estate, conveyed by a deed, to an
There is a presumption of common law in this state
easement. However, the words that make up words
that has been recognized in the courts and supported
of limitation do not themselves constitute words of
in the Oregon Revised Statutes:
limitation unless the language of the entire deed, the
situation of the property, and the circumstances in- A deed purporting to convey land intended for a public
dicating the purpose for which the land is conveyed highway will, in absence of some indicia of a contrary
allow such an interpretation.234 intention of the parties, be construed as passing an ease-
ment only, and not fee simple absolute title. The exception
4. The use of the words grant and convey are
words that always denote an intent to convey is when the right of way is for a non-access throughway, or
fee simple absolute. False. in the case of land acquired by condemnation.238
The courts have explained that this rule seeks to give The root of that presumption is in the rebuttable pre-
maximum effect to the words grant and convey, sumption in Portland Baseball Club v. Portland, supra:
yet completely ignore other terminology of an in- In this state, the rule is that where land has been dedi-
strument. One court commented: The words grant cated or appropriated for a public way, the fee in the way
and convey are not incompatible with the conveyance of a remains in the original owner (and subsequent purchas-
lesser interest than the fee, and where it appears from the ers) subject only to the public easement,239 or, as stated in
other language of an instrument that something other than Lankin v. Terwilliger, supra:
a conveyance in fee was contemplated, effect must be given
to such other language.235 By the location of a county road, the public only acquires
an easement in the land while the fee remains in the owner,
5. It is the intent of the grantor, not the grantee, subject to the charge in the public; and when the road is
that shows the intent of a conveyance. False. vacated by public authority, the land covered by it immedi-
The courts are unanimous in their support of this rule: It is ately reverts in the owner, freed from the easement.
the joint intent of the grantor and the grantee that governs Similar wording was used in Huddleston v. Eugene,
in such cases. The courts duty is to assume the position of supra.
the parties and to consider the circumstances of the execu-
tion of the conveyance, and therefrom, if possible, gain the The weight of reason is for the fee remaining with the
intent of the parties to a conveyance.236 The conveyance in abutting land, i.e.:
its entirety and each part thereof is to be considered to give 1. The ownership of the soil over which a public
effect to the true intent of the grantor and grantee.237 way is located is not essential to the free, open and
A clarification must be made here. Analysis of legal unobstructed use, by the public, of the right of passage
counsels viewpoint of example Problem 2 (i.e. that over it.
warranty deeds cannot be used to convey easements) will 2. The ownership of the soil over which a public
appear as a contradiction of the recommendation, way is located is not necessary to the governmen-
elsewhere in this publication, to refer such problems tal bodies responsible for the public highways,
to legal counsel. But this is not the case; the recom- streets, alleys, roads, etc. The statutes provide all
mendation stands as before. The objective here was the necessary power and authority for the state, cit-
to set the scenario of Problem 2 to reflect the usual ies and counties to construct, maintain, regulate and
sequence of activities that take place before legal administer the public easements.
counsel formally reviews a problem. Off-the-cuff
viewpoints are seldom as reliable as formal opinions 3. As has been held in many jurisdictions: It is
or official informal opinions. The reasons are many, against public policy to allow hostile owners to
but it is reasonable to conclude that had legal counsel own small strips of land that are (physically) cre-
been certain of the validity of its viewpoint, the prob- ated upon the abandonment of a highway.240
lem would have never reached the cartographer.
4. The prevention of disputes regarding precise
Fallacious rules, such as those just analyzed, is a re- boundaries,241 and the embarrassment and con-
sult of our need for simple answers to complex prob- fusion which would prevail if a different rule
lems. But the problems, such as construing deeds to existed.242
determine the intent of parties, are complex because
5. The concern of the state, cities and counties about
they have no simple solutions. But there are rules
who shall determine and pay for improvements.243
of construction that will assist in (not simplify) the
determination of the intent of the parties to a convey- 6. The presumption of common law that the fee in
ance. Those rules, as well as some principles of law non-dedicated public ways remains in the grant-
16-39
or and subsequent purchasers of abutting lands substance, contained therein, not to insert what has been
is consistent with the principle of law that the fee omitted, or to omit what has been inserted; and where there
in dedicated public ways remains in the dedica- are several provisions or particulars, such construction is,
tor and subsequent purchasers of land abutting if possible, to be adopted as will give effect to all.246
the dedicated ways.
Thus, any legal construction (that is, having legal
7. The owners of land abutting a public way that owns significance) is for the courts.247 However, the con-
the underlying fee in that way has more rights to the struction to be performed is for mapping, assessment
unused part of the right of way than the general public. and taxation. Although legitimate when made strictly
Consequently, in certain circumstances that owner can for those purposes, such construction has no legal
be held liable for injuries or damages occurring on the significance or effect on the estate being conveyed or
unused part of the right of way. But the owner of land parties to the deed.
abutting a public highway that is owned in fee by a
Hertel v. Woodard248 is an example of how ORS 42.230
political subdivision is not responsible for maintaining
is applied.
any of the right of way in good repair. That includes the
part used for public travel and the unused land. In that case, a memorandum of sale of realty de-
scribed the real estate by street and house number but
Regardless of the seven reasons for the fee remaining with
did not mention the city, county or state in which the
the abutting real estate, the presumption (that by the loca-
realty was located. The Oregon Supreme Court held
tion of a non-dedicated road the fee remains in the original
that the word my could not be inserted by implica-
owner), being rebuttable, can be invalidated by a weightier
tion in front of lot and house to sustain the writing
presumption, or by contradictory evidence. The legislature
as against the vendors demurrer,249 although the al-
has provided the state and counties with authority to ac-
leged subject matter was the vendors only realty.
quire the fee when acquiring public highways. It is safe to
assume that authority is being exercised in certain situa- Another statutory rule of construction is provided by
tions. ORS 42.240.
The general rule of construction of a deed is: Everything In the construction of an instrument the intention of the
passes which is necessary to the full enjoyment of the right, parties is to be pursued if possible; and when a general and
title or estate which is included in the words of a grant, but particular provision are inconsistent, the latter is para-
nothing more. mount to the former. So a particular intent shall control a
general one that is inconsistent with it.250
Thus, the grant of a way, without other words in-
dicating an intent to enlarge the natural intent of the There are words and terminology used in deeds
word, carries an easement only. having more than one meaning: (1) the common,
generally accepted meaning (which is, more often
An equally important rule is:
than not, the legal meaning), (2) sometimes a local
A construction which gives validity to an instrument of or otherwise peculiar meaning or significance, (3) a
conveyance will be preferred over a construction which technical meaning, and (4) in the arguments of a few
defeats its validity.244 litigants, a strained or unusual meaning. ORS 42.250
was provided as a rule of construction to be applied
In other words:
in such cases.
A construction which would make a deed legal is preferred
The terms of a writing are presumed to have been used
to one having the opposite effect.
in their primary and generally acceptation, but evidence
Therefore, if by construing a deed as a conveyance of is admissible that they have a technical, local, or otherwise
the fee it would be void for uncertainty of description, peculiar signification and were used and understood in the
while as a conveyance of a right of way easement it particular instance, in which the agreement shall be con-
would be valid, the language of the deed permitting, strued accordingly.251
the latter construction should be adopted, although such
Therefore, if a deed is drafted in ordinary and popu-
construction might not be the most natural or reason-
larly understood language to which no local or tech-
able upon the language alone.245
nical and peculiar meaning is attached, parol evidence
Oregon law requires the courts to follow specific is not admissible to show that, in the particular case,
rules of construction when determining the intent of the words were used in any other than their ordinary
parties to a deed--for example, the rule required by and popular sense.252
ORS 42.230:
As explained in Boyd v. Olcott,253 Words found in an
In the construction of an instrument, the office of a judge instrument are to be interpreted and understood in
is simply to ascertain and declare what is, in terms or in their most natural and obvious meaning, unless it ap-
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pears from the subject or the text that they have been and principles of law for construing the language of
used in a technical sense. a deed for a private road differ little from that of a
public way, and are applicable here.
And in Boling v. Nork,254 Words are to be given their
common and ordinary meaning. A strained or un- This was a suit to quiet title.
usual meaning is not presumed.
The property in question was a 30-foot strip of land,
For example, where a deed conveyed land for all which ran from the Nehalem Highway to the north-
legitimate railroad depot and warehouse purposes, eastern of Cappellis land. The plaintiffs, R. & K. Cap-
parol evidence of the understanding of the parties, at pelli, claimed the following deed operated to convey
the time the instrument was executed, was not ad- the fee in the 30-foot strip of land used for ingress
missible to show that the words legitimate railroad and egress to their land. The defendants claimed the
purposes were used with a particular or special fee in the land, and further argued that the following
meaning.255 deed merely operated to convey an easement to the
Cappellis.
Another roadblock to construing deeds is discover-
ing the intended definition of ambiguous terms. ORS WARRANTY DEED
42.260 is applicable in such cases, but not where the lan- (The grantors) hereby grant, bargain, sell and con-
guage of a deed is plain, unambiguous, and having but one vey unto (the grantees--Cappellis) the following de-
meaning. The fact that the parties disagree about the scribed real property, with tenements, hereditaments
meaning of all or part of a deed, or are uncertain as and appurtenances, to-wit:260
to the meaning of all or part of a deed, does not mean
the language of the deed is ambiguous or uncertain. Parcel 1: All that portion of the (E 1/2SW 1/4, Sec.
8, T4N, R4W, W.M.), Columbia (Co.) Oregon, lying
ORS 42.260. When the terms of an agreement have been (sly of the S.P.& S. RR R/W).
intended in a different sense by the parties, that sense is to
prevail, against either party, in which the party supposed Parcel 2: A right of way 30 feet in width lying (Ely
the other understood it. When different constructions of a and Nly) of the following described line: (descrip-
provision are otherwise equally proper, that construction is tion of line); the said 30 foot right of way to termi-
to be taken which is most favorable to the party in whose nate at the (SEly) right of way line of the Nehalem
favor the provision was made.256 Valley Highway on the (N) and the (Nly) line of
the S.P. & S. (RR R/W) on the (S).
Thus, where there is doubt in the meaning of a deed,
or any part thereof, the doubt shall be resolved in fa- EXCEPTING THEREFROM reservation of 30 foot
vor of the promise and against the grantor. right of way as described in deed from (I. M. Harris
to R. L. Justice) and (W.M. Justice) and the rights of
ORS 42.300 provides that the parties to written in- others to use same, recorded (date) in (book & page)
struments are estopped from denying the truth of the Deed Records of (county, state) (affects both tracts).
facts in a recital of a written instrument, except for the
recital of a consideration.257 ALSO EXCEPTING subject to a permit for the
crossing of the S.P. & S. (RR R/W) located between
It can be concluded from a review of statutory rules the parcels described in this description.261
of construction that where the language of a deed is
plain and unambiguous, having but one meaning, TO HAVE AND TO HOLD262 the said premises
there is no room for construction.258 In such cases, the unto said Grantees, their heirs and assigns forever.
parties intention is gathered from the language used, And the said Grantors hereby covenant that they
and that intent controls. It is the responsibility of the are lawfully seized in fee simple of said premises;
court to ascertain and enforce such language accord- that they are free from all incumbrance,
ing to its legal effect.259 EXCEPTING THEREFROM reservation of 30 foot
REVIEW OF CAPPELLI V. JUSTICE right of way as described in deed from (I.M. Harris to
R.L. Justice) and (W.M. Justice) and the rights of oth-
Cappelli v. Justice, supra, has been cited for its lesson ers to use same, recorded (date) in (book and page)
on construction of a deed for a road easement. One Deed Records of (county, state) (affects both tracts).
essential point must be clarified: the road in this situ-
ALSO EXCEPTING subject to a permit for the
ation was a private way. The court had the problem of
crossing of the S.P. & S. (RR R/W) located between
determining whether it was the intent of the parties
the parcels described in this description.
to convey the land, or merely the right to use the land
for ingress and egress. The distinction between the and that they will warrant and defend the above
road as being private, and as being public, may have granted premises against all lawful claims whatso-
affected the courts final decision. However, the rules ever, except as above stated.
16-41
The plaintiffs marshaled a variety of rules relating to The land in question is a narrow strip of land, which,
the construction of deeds to support their contention, standing alone, has little if any utility except to pro-
i.e. that the deed was a warranty deed, not simply a right of vide a means of access to the highway for neighbor-
way deed, thus showing intent to convey the fee. This ing land. It could, of course, have been conveyed to
was the invalid warranty deed rule discussed at increase plaintiffs acreage, but the history of transac-
the beginning of this problem. The court ruled: That tions involving the land now owned by plaintiffs and
deed which conveyed a right of way 30 feet in width was defendants demonstrate that the strip was conveyed
designated as a warranty deed did not indicate intention to provide access rather than expand the ownership
to convey fee simple title. of the grantee:
Also, as explained, the court held that ORS 93.120 Tracing back the title of (I.M.H.) we find a deed from
was not helpful to the plaintiffs case (as was con- her to (R. & W. J.) in 1941, conveying to them the land
tended by the plaintiffs). now owned by the defendants and the (plaintiffs). In
that deed, Mrs. (I.M.H.) reserved a right of way 30
The court disagreed with the plaintiffs argument
feet in width to be for the use and benefit of the
that the words, running over and across the lands of
lands of the grantor in the (NW1/4SE 1/4, Sec, T. &
grantors, were essential to create an easement.
R., W.M.); this being the land east of and adjacent to
The plaintiffs placed significance on the use of the the property later conveyed to the Cappellis. The 30-
words, Parcel 2, claiming this indicated intent to foot strip described is the same strip later described
convey land, rather than a right to use land. The court (although in different words) in the deed to the Cap-
said the words were a heading for a description, but pellis. The (I.M.H.) deed quite clearly indicates intent to
failed to show intent to convey the fee simple estate. create an easement across the 30-foot parcel. (R. & W. J.)
conveyed to (C. & I. J.), who then conveyed a part to
Now it is important to emphasize that the courts
the Cappellis and a part to the defendants as we have
have a right to take into consideration the situation
already explained.
of the parties, the object they must have had in view,
and the circumstances.263 As announced in Baker Co. The court noted language and format in the Cappelli
v. Huntington,264 Wade v. Northup,265Allen v. Hendrick266 deed similar to that encountered often in the cadas-
and other Oregon cases:267 tral cartography and map and record maintenance
activity. This language and format has confused near-
Where the language of a written instrument is
ly every cartographer involved in interpreting deeds
ambiguous, equivocal or susceptible of conflicting
for mapping, assessment and property taxation. That
interpretations, it is competent to ascertain by parol
is, the conveyance of a narrow right of way, then the
evidence the purposes and object of the parties from
exception of the same right of way, followed by an
the surrounding circumstances, and thereafter to en-
exception of the same right of way in the habendum.
force it in accordance with such intention.
The court noted:
The circumstances under which a deed to real prop-
It will be observed that the deed to the Cappellis
erty is made may be shown by parol evidence was
conveys a 30-foot right of way and in the follow-
held in Hicklin v. McClear268 and in the case of Wills
ing paragraph excepts therefrom the 30-foot right
v. Leverich.269 Where the description in a deed is not
of way reserved in the (LM.H.) deed. As we have
clear and intelligent, the intention of the parties and
previously noted, these two 30-foot strips have the
the circumstances surrounding the transaction may
same description. If we were to give the term right
be considered in connection with its provisions to as-
of way the same construction in both the Cappelli
certain the intention and give it practical effect.
deed and the deed from (I.M.H.) to (R. & W. J.)271
This is supported in statutory law by ORS 42.220: the two paragraphs in the Cappelli deed would
make no sense because the second paragraph
In construing an instrument, the circumstances un-
would purport to except from the deed that which
der which it was made, including the situation of the
the first paragraph purported to convey.
subject and of the parties, may be shown so that the
judge is placed in the position of those whose lan- Plaintiffs argument must, then, rest on the as-
guage the judge is interpreting.270 sumption that the first paragraph operated to con-
vey an estate and the second paragraph excepted
So the court, in Cappelli, was justified in looking be-
therefrom the previously created easement.
yond the deed to the situation of the land, the circum-
stances and background on previous conveyances to But the defendants position rests upon the assump-
determine the intent of the parties to the transaction. tion that the first paragraph conveyed only an ease-
The following was its findings: ment and that the second paragraph simply gave rec-
16-42
ognition to the previously created easement; making by these presents, do grant, bargain, sell and release
the easement granted to the Cappellis non-exclusive. unto the Texas and Pacific Railroad Co. for Depot pur-
poses and uses, all the tract oi land in the city of Dallas,
The court held:
being part of an acre sold to us by John J. & Susan
We think the defendants position is more reasonable. It A. Good, bounded as follows, viz: Beginning at the
would seem uncontradictable that the 30-foot strip S.E. line of... to the beginning, the same to be per-
was intended to serve only as an easement to give manently used by said R.R. Co. for depot purposes, on
access from the land now owned by the Cappellis the Pacific Avenue route through Dalles. Together
to the highway. The subsequent conveyances do with all and singular the rights, members, heredita-
not reveal intent to treat the strip in any other way. ments and appurtenances to the same belonging, or
in anywise incident or appertaining.
The factor which provides greatest support for
this conclusion is the language of the Cappelli deed To have and to hold all and singular the premises
itself. The deed purports to convey only ... a right of above mentioned unto the said Texas and Pacific
way 30 feet in width... R.R. Co., Their heirs and assigns forever. And we
do hereby bind ourselves, our heirs, executors and
In common parlance the term right-of-way signifies
administrators to warrant and forever defend all
an easement. In absence o/special circumstances indicat-
and singular the said premises unto the said Com-
ing a contrary meaning the courts generally construed
pany, their heirs, and assigns against every person
the term in accordance with common usage.272
whosoever lawfully claiming or to claim the same
We find nothing in the present case evidencing an or any part thereof.
intent to use the term right of way in any special
Witness our hands and seals, using scrow] for seal
sense. There is no evidence showing special cir-
this 11th day of November, 1872.
cumstances which would prompt (C. & I. J.) to con-
vey to the Cappellis a fee rather than an easement (signatures)
in the narrow strip.
The Supreme Court said:
In the Carter Oil Co. v. Myers273 case, previously cited
The above deed was duly acknowledged as re-
for the ruling on the wording grant and convey, the
quired by law.
appellants urged the court to apply significance to
the consideration which was, at the time, an amount The railway company went into possession of the
that could be considered market value of the land property described in the above deed and used
in fee. In some cases such a presumption has been and occupied it for depot purposes and uses until
stronger than other presumptions, and the consider- 1922, when it finally abandoned it for such purpos-
ation showed an intent to convey the fee, such as the es and uses. Since that time the railway company
following case of Texas & Pac. R. Co. v. Martin.274 But has used the Union Depot about a mile distant. We
in Carter Oil Co. the presumption--that the wording will not attempt to go into the history leading up to
dedication of right of way for public road purposes the abandonment...
showed intent to convey an easement--was weightier
If we understand their briefs, counsel for Martin
than the presumption that the consideration showed
and Rogers contend that when viewed in the light
intent to convey the fee.
of this record, the above deed conveyed a mere
In Texas & Pac. R. Co. v. Martin, supra, it was the consid- easement, and if not an easement, it was a convey-
eration that convinced the court that the deed operated ance on condition. We think the deed conveyed a fee
to convey the fee simple estate. In this case, language simple title, not an easement, and not a title on condi-
that appeared as words of limitation were held to mere- tion.
ly describe the contemplated use of the land.
In connection with the above, we hold it is a rule
The heirs of D. Martin owned, in fee simple absolute, in this state, and also a general rule (in common
the subject property. They executed and delivered to law states) that the fee passes by a deed containing
the railway company a deed worded as follows: a recital which merely declares the contemplated
use of the land, where the other parts of the deed oper-
Terrell Martin & Sela Martin
ate as a fee simple conveyance. We think further that this
To Deed
deed clearly comes under such rule.275
Texas & Pacific R.R. Co.
Quoting Downen v. Rayburn, supra:
Know all men by these presents, That we, (the
grantors), of the County of... in consideration of the On July 28, 1856, William R. Downen was the
sum of Four Hundred and Fifty silver dollars, paid owner in fee of lot 16 in block 5, in the original
to us by... have granted, bargained, sold & released town, now the Village of Industry, and on that day
16-43
he and his wife executed a deed, conveying such dedicate the easement for a public way, with the fee
lot to five persons. Trustees of the Industry Con- remaining in the dedicator and subsequent purchas-
gregation of the Cumberland Presbyterian Church ers of land abutting the public way. Is there a contra-
of the county of McDonough and State of Illinois. diction here? A careful examination of the reports of
The deed recited that William R. Downen and wife, each case will reveal that the judgments were sound
party of the first part, for and in consideration of and equitable. What better evidence than the word-
the sum of one dollar paid by said trustees as party ing dedication of right of way for public road pur-
of the second part, granted, bargained and sold poses to show an intent to convey a right to use the
unto the said party of the second part and their suc- land rather than the land itself (that is, in a state, like
cessors in office, a certain tract or parcel of land to Oregon, where a dedication for road purposes oper-
be used as a church location, situated in the State of ates to create an easement in the public)?
Illinois, county of McDonough; being a part of the
Southeast quarter.., and more particulary described In another case, Valentine v. Lamont,277 the consider-
as follows: Lot no. 16, in block no. 5, in the town ation was held to show an intent to convey an estate
of... together with all and singular the heredita- in fee simple absolute:
ments and appurtenances thereunto belonging or In Valentine the board of education paid $13,000 for
in any way appertaining, to have and to hold the the subject property. It exercised complete control
said premises as above described, with the appur- and dominion over the property for many years,
tenances unto the said party of the second part, and but in 1945 it adopted a resolution declaring that the
their successors in office forever... land was no longer needed for school purposes, and
The Supreme Court of Illinois construed the above it was subsequently sold. The heirs of the condemnee
deed as a conveyance of the fee simple title: holding claimed the board of education took only an ease-
that the clause, to be used as a church location was ment, or at best fee simple determinable278 by the con-
merely declaratory of the purpose of the convey- demnation; and when the land was no longer needed
ance, and did not render the estate conveyed (as for school purposes, it must revert to the plaintiff.
being) conditional.
The defendants maintained that the board acquired
When we come to construe this deed (Martin to the fee simple absolute title. The court agreed with
Texas & Pac. R.R. Co.) in light of the above rule the argument presented by the defendant:
(laid down in Downen), we must conclude that it con-
There is no claim or evidence that the owner received less
veyed the absolute fee simple title. It recites a cash con-
than the value of the property It would strain reason to
sideration of $450. Certainly this was not a nominal
say now she believed she was only parting with an ease-
consideration, and there is nothing in the record to show
ment in the lands in return for the value paid; or that the
that it was not then the lots fair value. The land was
not a strip across a larger tract for right of way pur- school board acquired less than absolute fee...279
poses, but was a distinct tract in the city of Dallas. As Texas & Pac. R. Co. and Valentine demonstrate, the
The granting clause does not purport to grant an ease- consideration can suffice to show an intent to convey
ment over this land; on the other hand, the land itself is the fee simple estate rather than a mere easement in
granted. The habendum and warranty clauses are in the land; that is, where the language of the whole deed
usual form for conveying the fee simple title. Certainly makes such an interpretation possible. But the fact
no court would hold that this instrument only con- that the consideration is of a sizable amount, such
veyed an easement, or a title on condition, merely as in the Carter Oil Co. case, does not mean it is for
because it recited that the land was conveyed for the estate in fee. Factors such as valuable improve-
depot purposes. ments located where the right of way is to pass, or
We have carefully examined this record together negative effect on the remaining property, could
with the briefs and arguments filed by counsel make the acquisition of an easement very expensive.
for Martin and Rogers and in our opinion there is Consequently, where the other language of a deed is
nothing in this record that would justify a holding unclear as to the intention of the parties, the consider-
that this deed is anything but a fee simple convey- ation in the deed should not be used to determine the
ance.276 level of estate conveyed unless a certified appraiser
reviews it. It is highly recommended that legal coun-
Thus, in Texas & Pac. R. Co. the court held that the
sel also review the determination.
$450 consideration was the value of the land in fee,
and sufficient to show an intent to convey fee simple Swan E. Sanborn v. City of Minneapolis et al280 is another
absolute title. But in Carter Oil Co. the court recog- case that can be helpful in analyzing the language of
nized the $425 consideration as the market value of a deed to determine the level of estate conveyed (fee
the land, but insufficient to invalidate the intent to simple absolute or an easement?).
16-44
On July 27, 1874, R.P. Johnson, then the owner of the 1881, and the plaintiff has acquired such tax titles,
land in question, and his wife, duly executed and de- and has no other title.
livered the deed, referred to in the opinion as Exhibit
Mr. Justice Mitchell, delivering the opinion of the
B, which was in the following words:
court, explained:
This indenture made this twenty-seventh day . .
The first question in this case is whether the deed
. between R.P. Johnson and Matilda Johnson, his
(Exhibit B) from Johnson to Strobeck conveyed the
wife, of the county of... parties to the first part, and
fee of, or only an easement in, the premises in con-
Frank Strobeck and others who do or may own
troversy. It purports to be a deed between Johnson
property along the within described alley, of the
and wife, parties of the first part, and Strobeck, and
county of... parties to the second part:
others who do and may own property along the within-
Witnesseth, that the said parties of the first part, in described alley, parties of the second part the prem-
consideration of the sum of one dollar ($1) to them ises in question, which are declared to be deeded
in hand paid by the said parties of the second part, for alley purposes; and whenever it ceases to be kept
or their heirs and assigns forever, all the following and used for said alley purposes, this title will be
described piece or parcel of land lying and being null and void. Some parts of the instrument, if
in the county of Hennepin... to wit: Commencing considered alone, would indicate a conveyance of
eighty (80) feet southerly from the northwest cor- the premises in fee. But if we adopt a cardinal rule
ner of lot ten (10) in block one hundred and forty of the construction of deeds, that it be made on the
three, (143,) in the easterly line of Fourteenth av- entire deed, and not merely upon a particular part, and,
enue south.., according to a plat now on record in having thus taken the instrument by the four corners, we
the office of the register of deeds in and for Henne- endeavor to ascertain its intent, which is the essence of
pin county.., thence in an easterly direction (metes every agreement, we will be led to the same conclu-
and bounds description) to the place of beginning. sion to which the learned district judge came, viz.,
that this deed grants merely an easement of a right of
The above-described property is deeded for alley pur-
way as an alley:
poses; and whenever it ceases to be kept and used for said
alley purposes, this title will be null and void. The right granted has all the characteristics of a mere
easement, as distinguished from an estate in land.
To have and to hold the same, together with all the
hereditaments and appurtenances thereto in any- In the first place, it is evident that what was grant-
wise appertaining. And the said R.P. Johnson, party ed was not intended to be an exclusive right or in-
of the first part, does covenant with the said parties terest in Strobeck, but in him, and others who do or
of the second part, or their heirs and assigns, as fol- may own property along the within-described alley.
lows: That he is lawfully seized of said premises in Two distinct tenements are here referred to, viz., the
fee-simple, and that he has good right and power to property along the within-described alley, and the
grant and convey the same; that the same is free of land described in the deed, and here called an alley.
all incumbrances; that the said parties of the second A right of way as an alley was evidently intended
part, their heirs and assigns, shall quietly enjoy and to be imposed over the latter tenement for the ben-
possess the same; and that the said parties of the efit of the former. The right granted excluded the
first part will warrant and defend the title to the idea of the grantees taking actual possession. The
same against all lawful claims. right was merely one of accommodation (a right to
pass over) as distinguished from those which are
In testimony whereof of the said parties...
directly profitable. The grantee of such a right is not
R.P. Johnson, (Seal) the owner or occupant of the estate over which the
Matilda A. Johnson, (Seal) right of way is given. Such being the effect of this
deed, Johnson remained the owner of the premises,
Afterwards, and on August 4, 1874, said R.P. John-
and (may) afterwards dedicate the same as a public
son caused a plat to be made of part of said block
alley. Such dedication would not impair or interfere
143, in which plat the land described in Exhibit B
with the right of way granted to Strobeck.
was indicated as an alley, and was duly dedicated
for that purpose. On August 5, 1874, the plat and If Johnsons attempt to make a statutory dedica-
dedication of the alley were accepted by a vote of tion was ineffectual because the map was not re-
the common council of the city of Minneapolis. corded, yet it appears from the findings of the court
Since August 5, 1875, this alley has been continu- (fourth and fifth) that there was a good common law
ously used as a public alley. Notwithstanding this, dedication. There was on the part of Johnson, the
the property included within the alley was placed owner of the fee and appropriation of land to this
on the tax list, and was sold for taxes of 1880 and specific public use and on the part of the public an
16-45
acceptance of the land for such use. The appellant sug- publics easement. Since neither the public nor the
gests, although apparently with doubt, that there city held the underlying fee in Park Avenue, it could
cannot be any such thing as a common law dedica- not dispose of the fee upon vacation of the street. To
tion of land for streets or alleys in the city of Min- attempt to do so, and to enforce its determination of
neapolis; that the statutory method prescribed (by the ownership in Park Avenue, would constitute an
specific sections of the city charter and laws) was unlawful taking of private property (1) without just
intended to be exclusive. The court said: There is compensation, and (2) for private, rather than public
clearly nothing in (the appellants) suggestion. purposes, as prohibited by both the United States
Constitution282 and the Oregon Constitution.283
Great care must be taken when the deed being written is
for a narrow strip of land acquired to widen an existing The Department of Justice examined this problem
dedicated way or other existing public way where the and was of the opinion the city ordinance, and sub-
fee has remained in the original owner and subsequent sequent determination of the fee in Park Avenue, was
owners of land abutting the way. The presumption here void for want of jurisdiction, explaining.
is that such a widening merely acts to widen the exist-
ing estate, i.e. to create a wider easement. Part of the mason The statutes and ordinances must be construed together
for this rebuttable presumption is that a city or county and be given a construction which violates no constitu-
would have no practical use for such narrow strips of tional provision.284
land (that is, legitimate use). Another presumption is The department further held that the city could not
that an owner would not purposely restrict or eliminate vest the fee simple estate in the owners of parcels 300
rights of access by conveying a strip of land in fee sim- and 400 because neither of these owners, nor their
ple between the owners realty and the public easement. predecessors in title, dedicated any of that part of
Naturally, the deed can be construed for intent, but it Park Avenue.
would not be incorrect to consider the situation of the
property and circumstances to determine intent in such
cases. Other convincing reasoning has been provided
earlier in this discussion.
Problem 3: The Park Avenue Case281

In this situation, a city had an ordinance, which read:
The vacated property shall vest in the abutting
properties in equal proportions...
Consequently, when the city vacated Park Avenue,
the vacation ordinance included the determination
of the vesting of property that showed parcels 300
and 400 as fee simple owners of the north one-half
of the vacated avenue (see figure 4-6.) The ordinance
showed the fee in the south one-half as vesting in the
owner of parcel 4400.
When the assessor refused to recognize the erroneous
ordinance, the city officials claimed the ordinance
controlled over the Oregon vacation statute, ORS
271.140, because of ORS 271.170, which provided:
The provisions of ORS 271.080 to 271.160 are alterna-
tive to the provisions of the charter of any incorporated
city and nothing in those statues shall in anywise affect In Neil v. Independent Realty Co., supra, the court held
or impair the character or other provisions of such cities that the defendant (who had received one-half of a
for the preservation of public access to and from trans- vacated dedicated street as did parcels 300 and 400 in
portation terminals and navigable waters. figure 4-6) was not entitled to any part of the vacated
street. It explained that neither the defendant nor pre-
Obviously the city was not aware of the principle
decessors in title had contributed to the street. In that
of law that the public acquires only an easement of
ruling, the court said:
dedication. The fee remains with the dedicator and
passes to the grantees of land abutting the dedicated The common law rule to the effect that adjoining
public way. The city was merely the guardian of the owners had title to the middle of the highway rested
16-46
on the presumption that they had contributed equally to a subdivision is the owner of the fee simple estate in
the road, but if the facts showed to the contrary, the the bed of a dedicated street of that subdivision. That
rule did not apply. In other words the fact would govern situation is illustrated in figures 4-7, 4-8 and 4-9.
rather than mere presumption. Out of this grew the rule
that if the highway was taken wholly from one mans In figure 4-7, J. Zimmerman owns all of parcel 700,
(or womans) property, and such highway is vacated, and is planning to develop the north 300 feet of this
the land in fee reverts to the original owner, or his grantees, parcel of real estate. Figure 4-8 is the resulting subdi-
free from the public use or easement. This principle has vision. Zimmerman still owns the undeveloped land
been announced and upheld in the Oregon Supreme abutting and south of his First Addition.
Court (cases cited in this publication).
Applying what has been learned so far in this publi-
ORS 271.140, as well as the city ordinance quoted in cation, if Zimmerman were the dedicator of Benson
this problem, merely express the common law rule
that adjoining owners hold title to the middle of a
street or road.285 And the Oregon court has held that
the rule is based on the rebuttable presumption that
the adjoining owners, or their predecessors in title,
contributed equally to the road. But where the facts
are to the contrary, an exception to the rule applies,
i.e.: where the street is contributed entirely by one owner
and is substantially vacated, title to the whole street reverts
to the original owner or the owners grantees. The rule ap-
plies to every vacation, regardless of which vacation
statute is being applied.
Problem 4: Abutting Property

of the Dedicator286
Subdivision lines provide the first clue as to the cor-
rect owner of the underlying fee in dedicated streets.
In most situations, the fee is in the owners of abutting
land within the subdivision, and is not held by the
owners of abutting land adjacent to the subdivision
boundary (as in figure 4-6 of Problem 3). However,
there is a situation where the owner of land abutting
16-47
Avenue, he would remain the fee title owner of all of Important: The solution provided here must give way
Benson Avenue prior to the sale of land abutting the to the wording in the deeds in the chain of title, as well
street. However, this would be subject to the rights of as the wording of the plat. It may also have to give way
the public in Benson Avenue. to the peculiar circumstances of the case, because:
Unless otherwise expressly reserved in the instruments In arriving at a proper construction of the effect of a deed
conveying lots one through five of Zimmermans First granting lots bounded on a street and the intention of the
Addition, the owners of those lots, as abutters, would parties to the extent of a grant in a street, regard must be
acquire the underlying fee in the north one-half of given to the situation of the lots and streets and the state of
Benson Avenue. As the dedicator, Zimmerman would the title as well as the language of the entire deed. This is
retain the underlying fee in the south one-half of the the recognized rule of interpretation and intent.287
street. Remember this common law principle:
The rule that the owners of abutting real property Problem 5: Variation of Problem 4
hold title to the middle of a street is based on the pre-
The question will be asked: If Zimmerman had
sumption that the adjoining owners, or their prede-
conveyed the south 230 feet of his original parcel 700
cessors in title, contributed equally to the road.
before subdividing the north 300 feet and dedication
Consequently, since Zimmerman contributed the en- of Benson Avenue, would the grantees of the south
tire street, he retains the fee in the south one-half of 230 feet acquire the fee in the south one-half of the
Benson Avenue. Benson Avenue as a consequence of the dedication
of the street? After all, the south 230 feet was the
It is justifiable to ask: If Zimmerman intended to re-
land of the dedicator, and is the land of his grantee
tain the south one-half of Benson Avenue, why didnt
of land abutting the street; relying on the rule that: If
he run the subdivision boundary down the center of
a highway was taken wholly from one persons property,
Benson Avenue? The answer is that by including all
and such highway is vacated, the land in lee reverts to the
of Benson Avenue in the subdivision, the entire street
original owner or that persons grantees...
is statutorily dedicated by the approval and accep-
tance of the subdivision. This is, in most cases, the The answer is no. The grantees in the south 230
only way this kind of subdivision will be approved. feet cannot enlarge their estate as a consequence of a
By requiring the developer to include the entire street dedication of a public way subsequent to their acqui-
in the subdivision, the purchasers of lots in the subdi- sition of the south 230 feet of Zimmermans land.
vision will be assured that the street will remain open
The rule cited as an argument for the grantees to acquire
for public use.
the additional strip of land is based on the principle of
If Zimmerman had owned only the land subdivided law that a grantee of the dedicator acquires the fee in the
as Zimmermans First Addition, and did not own existing dedicated street as a consequence of the acquisition
the land to the south of and abutting the south right of the abutting land. In other words, the fee in the street
of way line of Benson Avenue, this fact would govern, is part of the estate purchased from the dedicator, or a
rather than the presumption that the owners on each grantee of the dedicator. But in the situation of Prob-
side of the street had contributed equally to the street. lem 5, the dedicated street did not exist at the time the
But where the owner has contributed the entire street and grantees acquired the south 230 feet of Zimmermans
still retains land abutting the street, the presumption that unsubdivided land. Consequently, the grantees could
the adjoining owners, or their predecessors in title, contrib- not acquire what was not yet created.
uted equally to the road becomes fact, and governs.
In any variation of Problem 4, the sequence of trans-
To develop this problem beyond the scenario il- actions, in relation to the time of dedication, controls.
lustrated by figure 14-8, presume that Zimmerman Moreover, as emphasized in Problem 4: ...Regard
subdivided the south 230 feet of original parcel 700 must be had to the situation of the lots and streets
shortly after his subdivision of the north 300 feet of and the state of the title as well as the language of the
parcel 700 (figure 4-9). entire deed.
If, for some future reason, it is necessary to vacate
Benson Avenue, the owners abutting each side line of Problem 6: Apportionment
Benson Avenue (north and south of the street) will re- of a Vacated Road288
gain the fee in Benson Avenue, freed of the dominant
estate in the public, to the centerline. They will hold The land of a vacated county road is returned to the person,
the fee because the owner, or predecessor in title, or that persons heirs or grantees, contributing the land in
on each side of the street (Zimmerman) contributed the first place, but no more land should be returned than
(equally to) the street. was originally contributed.
16-48
16-49
Thus, figure 4-10 shows the correct apportionment of That is, it is obvious that the boundaries of parcel
the vacated county road. 100 were not established with regard to the road.
Had this been the intent (in this case) the boundaries
In this example, the boundaries of parcel 100 are ex-
would probably been from point A, to H by way of
actly as they were at the time the county acquired the
right of way for the county road purposes. A,B,C,D,E,F,G,H,A in figure 4-11. Nevertheless, the
location of the property, circumstances, and language
Figure 4-11 shows an erroneous apportionment of of the entire instrument must be considered to deter-
the county road, based on the rule that the land of mine the intent of the parties to the transaction.
a vacated road vests with abutting owners in equal
proportions. But this rule was not intended to govern Problem 7: Apportionment of a Vacated
where the owners had not contributed in the msn~ner
that the road is incorrectly apportioned. Street With Property Lines Intersecting
In situations as we have here, the rule is that the ser- Right of Way Side Lines at an Angle
vient estate is freed of the dominant estate (the ease-
There are many variations of this situation, but this is
ment) and the parent parcel of land is exactly as it
the basic problem, as illustrated in figure 4-12, where
was prior to the establishment of the county road.
the metes and bounds descriptions run to the side-
It is justifiable to ask: Would the apportionment lines of the right of way.
be the same if parcel 100 was established after the
county road was created? Each of the parcels of land abutting the vacated pub-
lic street are described as running to the:
The basis for the question would be grounded on
Principle 62: 1. north line of Monroe Street; th.NEIy along the
street 154.55 to an iron pipe; th. leaving said street ...
Where land described by metes and bounds actually abuts (Parcel 900).
on the highway, the grantee, in absence of intention of the
grantor or otherwise to limit the description, takes to the 2. southeasterly right of way line of Monroe Street;
center of the highway, even when the highway is not men- th. (bearing and distance) along said right of way to a 2
tioned as a boundary.289 iron rod; th. (bearing & distance) (Parcel 1400).
There is an argument for the apportionment of the coun- 3. to a 2-inch iron rod on the south line of Monroe
ty road, as illustrated in figure 4-11, in a situation where Street; th. (bearing and distance) to the NW cor of a
parcel 100 was created after the road was established. parcel of land conveyed to D. Jackson in (Deed Vol-
However, this would be a situation where the intent of ume and page, county, state); th. leaving said right of
the parties would have to be determined with regard to way (bearing and distance) . . . (Parcel 1500).
the situation of the parcel and the road and the state of
4. to an iron pipe on the south line of Monroe
the title as well as the language of the entire deed.
Street; th. northeasterly (distance) to a 2 inch iron
A clue to the solution of such a problem exists in the pipe; th. (bearing and distance) at right angles to
configuration of the parcel as it relates to the road. Monroe Street... (Parcel 1600).
16-50
In each conveyance the grantor of the deed held the
fee in Monroe Street.
The primary rule of apportionment in this situation is:
Principle 77
In cases where the deeds to real property abutting a va-
cated public way merely run to the side lines of the right
of way, the land of the vacated way is apportioned by
running the boundary line from its point of intersection
with the side line of the right of way, at right angles to
the center line of the way, to either the center of the way
when the owner has the underlying fee in only one-half
the way, or to the opposite side line of the right of way
when the owner has the underlying fee in the full width
of the right of way, when the language of the deed, as well
as other pertinent deeds in the chain of title, the situation
of the property and the circumstances surrounding the
conveyance allow such an apportionment.
A different rule is used for apportioning a vacated public part of a larger parcel formerly owned by D. Swearin-
way where the property abuts a right of way simple curve gen. Swearingen conveyed the land to R. Faith, who
or a spiral curve. conveyed the land to T. Croney, who was the grantor
of parcel 900, as well as several other parcels of land
That rule speaks to other deeds in the chain of title. abutting Monroe Street.
Past deeds in the chain of title (non-recorded when
available, as well as recorded) must be reviewed to ar- Swearingen acquired the larger parcel of land by a
rive at an accurate apportionment of Monroe Street to deed that ran S 75 degrees E to a point on the center-
determine if the boundary of any former owner was de- line of Monroe Street; thence along said centerline N 65
scribed as running to the street centerline or other point degrees 10E...
in the right of way line. Surveys should be reviewed as Consequently, the correct apportionment of the va-
well. The following exemplifies that requirement.
cated Monroe Street for parcel 900 is as illustrated
A review of surveys (old as well as new) of this area in figure 4-13. The correct boundary of parcel 900 in
provided a clue that a former owner of land where the vacated street is the line AC in figure 4-13, rather
parcel 900 is located acquired the land by a deed than line AB. This is because the area A,B,C,A was
that ran to the center of Monroe Street. A review of never held by any of the former owners of the land
former deeds to this area revealed that parcel 900 is of parcel 900.
16-51
The line AC of figure 4-13 is the only boundary of ap-
portionment that is not at right angles to the center-
line of Monroe Street. The correct apportionment of
parcels 900, 1000, 1400, 1500 and 1600, of figure 4-12,
is shown in figure 4-14.
The importance of all the pertinent doctrines, prin-
ciples and rules of common law and statutory law
to the solutions provided in this section cannot be
over-stressed. For example, rules of construction and
interpretation announced in Cross v. Talbot, supra, and
upheld in the 1975 case of Fossi v. Myers (discussed
in the review of cases), supra, are important to the
solution of Problem 7, i.e.:
The weight of authority is to the effect that where the land
described by metes and bounds actually abuts upon the high-
way, the grantee, in absence of some clear intention on the
part of the grantor to otherwise limit the description, will take
to the center of the highway to the same extent that he would
had the highway actually mentioned as a boundary.
Or, The presumption of an intent to convey title to
the center of a street or highway is not overcome by
the fact that the land conveyed is described by metes
and bounds, and that the distances stated in the
description of the deed do not extend to the center description, takes to the center of the highway, even
ofthe street or highway.290 Principle 62 of this pub- when the highway is not mentioned as a boundary.291
lication advises: Fossi v. Myers, supra, cited the principle held in Cross
Where land described by metes and bounds actually and added:
abuts (touches) on the highway, the grantee, in absence ORS 93.310 codifies the common law rule of construc-
of intention of the grantor or otherwise to limit the tion relied upon in these cases.
16-52
It provides: The following are the rules for constru- erty as bordering on a street, absent an express provision
ing the descriptive part of a conveyance of real prop- in the conveyance to the contrary, such a conveyance
erty, when the construction is doubtful, and there are includes the fee to the street.292
no other sufficient circumstances to determine it:
Principle 63 therefore concludes: It is held that the
(4) When a road or stream of water not navigable is presumption of intent to convey to the center is not
the boundary, the rights of the grantor to the middle of the overcome although the land is described by metes and
road, or thread of the stream, are included in the con- bounds, and the distances stated do not extend to the
veyance, except where the road or bed of the stream center of the highway. Knott v. Jefferson Ferry Co.293
is held under another title.
Skelton294 explains: Whenever land is described as
The court, in Fossi, said: ORS 93.310 and our cases bounded by other land or by a building or structure, the
provide and hold that when a conveyance describes prop- name of which, according to its legal or ordinary mean-
16-53
ing, includes the title in the land of which it has been Thus, in Fossi v. Myers, supra, the Hudson Investment
made a part, as a house, a mill, a wharf, or the like, the Company conveyed a parcel of land by a metes and
side of the land or structure referred to as a boundary is bounds description that read:
the limit of the grant; but when the boundary line is simply
... to an iron rod at the point of intersection with
by an object, whether natural or artificial, the name of which
the south line of that 80 foot wide parcel of land
is used in ordinary speech, as defining a boundary and not as
deeded for street purposes to the City of Port-
describing title in fee, and which does not in its description
land...; thence South 89 degrees 42 30 East along
or nature include earth as far down as the grantor owns, and
yet has width as in the case of a way, a river, a ditch, a wall, a the South line of said 80 foot street...
fence, a tree, or a stake and stones, then the center of the thing The Oregon Supreme Court, in 1974, held that the
so running over or standing on the land is the boundary of the language was insufficient to restrict the estate con-
(land) granted.295 veyed to the right of way line of the street, and that
If the rules and principles are as stated, then how the deed operated to convey the estate in fee simple
does a grantor reserve the fee in a public way? absolute in the bed of the street, subject, of course, to
the public easement.
Also: Why would a grantor want to reserve the fee
in a narrow strip of land that would be useless to any- Citing Hurd v. Byrnes, supra:
one other than the abutting owner?296 Presuming, of We have assumed that in absence of an express
course, that the grantor has no remaining property provision to the contrary the grantor, in conveying
that would benefit from the strip of land. land described as bordering a street or stream, ordinarily
Regardless, the best way for a grantor to reserve the intends to also convey his title to the street portion of the
fee in the land of a public way is to make an express lot or to the bed of the (non-navigable) stream. This rule
reservation in the deed that leaves no question as to of construction is also founded on policy consider-
the intent of the parties to the deed. Merely except- ations, including the prevention of vexatious litiga-
ing the northwesterly one-half of Monroe Street for tion and the prevention of the existence of strips of
public road purposes will not cut it to reserve the fee land, the title to which would otherwise remain in
simple estate in the grantor. abeyance for long periods of time...299
Remember the rule of construction provided in Prob- Fahey v. City of Bend, supra, and McAdam v. Smith,
lem 2: Everything passes which is necessary to the supra, are in accord.300
full enjoyment of the right, title or estate which is
included in the words of a grant; but nothing more. Problem 8: Apportionment of a
And: Where there is doubt in the meaning of a deed, Vacated Street with Property Lines
or any part thereof, the doubt shall be resolved in fa- Intersecting Curved Right of Way
vor of the promise and against the grantor.297
Side Lines 301
With that in mind, there are rules of construction that
can be conservatively applied. For example, a grantor How should a cartographer determine the boundar-
is conveying a parcel of land that abuts a public way ies of the underlying fee simple estate in those part
in a rare situation where the county has title to the land of a vacated public way that is circular? Figure 4-15
of the way in fee simple absolute. If the grantor uses
the following language, there will be no presumption illustrates the solution to this problem.
that the intent was to convey the underlying fee in the Figure 4-15. The boundary of the apportioned area
way (that is, if the entire language of the deed allows between parcels 3000 and 3100 is by the right angle
such an interpretation): rule provided in Problem 7.
...thence south 157.8 feet to an iron pipe on the The solution to the apportionment of the vacated
north line of Sixth Street; thence along (along and way between parcels 2800 and 2900 and between
on is better) the north line of said street 85 feet to parcels 2900 and 3000 is by application of the right
a 2-inch iron pipe set on 8aid north line; thence angle rule. However, in this problem, the boundary
north... 298
of apportionment is the radius line, intersecting the
Application of that rule is advisable where there is right of way sideline at the terminus of the boundary
reason for confining the boundary of the parcel be- lines of the abutting real property and the centerline
ing conveyed to the sideline of the right of way. But of the right of way. In the solution to apportionment
where the grantor has title in the public way prior to illustrated in figure 4-15 and detailed in figure 4-16,
a conveyance, the Oregon Supreme Court generally the lines of apportionment are B1, D1 and F2, H2 in
rejects that rule. figure 4-16. These lines are at right angles to the tan-
16-54
gent planes Al, C1 and E2, G2 where the radius lines
intersects the centerline at B1 and F2.
Problem 9: The Debatable Solution

How should the area of the vacated part of View
Drive be apportioned to the abutting lots 1, 2, 12, 15
and 16 of figure 4-17?
This problem was presented in Chapter 13 of the first
two editions of the Manual of Cadastral Map Standards,
Concepts and Cartographic Procedures. Two solutions
were suggested. One was recommended by the
Circuit Court of Multnomah County. The other was
based on a recommended solution provided in Clark
on Surveying and Boundaries.302
The solution recommended by the circuit court is an
application of the right angle rule applied in Problem
8; that is, the boundary of the apportioned area is the
radius lines of the central curve extended from the
corners of lots 1, 2, 12, 15 and 16 to the new right of
way side line created by the vacation. The apportion-
ment is as illustrated in figure 4-18.
When a court of equity sets out to discover the bound-
ary of apportionment in a situation like that illustrated
in figure 4-17, one of its primary objectives is to provide
new street frontage proportionate to the original street
frontage. Of course it cannot change known, previously
established boundaries, such as line A, C in figures 4-13
and 4-14. But where the boundaries of estates in public
ways were not predetermined by the dedicators and
subsequent grantors, it must attempt to discover a solu-
tion that will be fair and equitable to each rightful owner
of the underlying fee in the public way.
When the problem was stated in the first and second
editions of the manual, it was thought there was a
need to provide an alternate solution that would re-
sult in each owner of abutting property acquiring new
street frontage that would be mathematically propor-
tionate to the original street frontage. This method
was adapted from Clarks 303 solution to the appor-
tionment of accretions between a new shoreline and
an old shoreline. (Note: It is standard policy for courts
to view the apportionment of vacated public ways exactly
as the apportionment of accretions, or the apportionment of
the bed of a body of water in private ownership.)
Thus, the length of the old line is computed or mea-
sured (line A, B, C, D in figure 4-19), and the length
of the new line is computed or measured. In Problem
9, the length of the old line is 353.41 feet; the length
of the new right of way line is 293.33 feet, or .829999
(.83) the length of the old right of way line, or:
293.33 - 353.41 -=.829999
16-55
The proportionate length of the new street frontage of
each owners real property is calculated by multiplying
the original lot width by the factor .829999, or .83, e.g.:
.8365 ft. (lot 2; NE cot to E.C.)=53.95 feet
The solution to apportionment is provided in figure
4-19.
What is wrong with the alternate solution? Nothing,
if the new right of way side line represents the extent of
the estate of the owners of the abutting lots. However,
this solution fails to consider the total estate of the
abutting owners in the bed of original View Drive.
With the principles and rules of law, provided in this
chapter, it is obvious that the circuit courts solution
probably took into consideration the total underlying
fee in View Drive. Consequently, that decision (illus-
trated in figure 4-18) should be considered the better
solution to Problem 9. The lesson here justifies the
following principle:
Principle 78
Whenever it is necessary to determine the boundary of
apportionment of a public way that has been only par-
tially vacated, the determination must take into consid-
eration the total estate of the abutting owner in the bed
of the way. The resulting boundary of apportionment will
be a part of the whole boundary of the owners underly-
ing fee in the way.
Here is a thought on this problem:

What if the lines of lots 1, 2, 12, 15 and 16 were
also the subdivision boundary, and View Drive was
edge to rule as it did (and as illustrated in the solution
dedicated or appropriated from property abutting
of figure 4-18).
on the southwest side of the drive? The lots have all
the earmarks of such a situation. Lot 19, for example, Figure 4-20 provides an example of the application of
must have access to a public way on the northeast, Principle 78. Although only 10 feet of the public ways
or on the southeast, side of the lot because access to have been vacated, correct apportionment requires
View Drive is not provided that lot. If each of the six establishment of the existing boundaries of the entire
lots of figure 4-17 have similar access on the northeast underlying fee simple estates in the public streets.
or southeast, it is highly unlikely that the dedicator
would have provided additional access by dedicating Problem 10: Three-Way Intersection
View Drive as a public way. If this were the case, it
would not be the first time a circuit court had over- Figure 4-21 illustrates the extent of the estates of the
looked the underlying fee that existed in a public way abutting owners in the bed of Sixth Street and Jack-
prior to vacation of all or part of the way. After all, many son Street.
of the principles of law announced by the Oregon
Supreme Court, were results of errors of judgment If the north line of Jackson Street were also the north
by the circuit courts. If the lot lines were also the line of the subdivision, the owners of lots 1 and 6
subdivision lines, the vacated street would vest in the would possess the underlying fee to point A, rather
grantees of the dedicator or grantor of View Drive than point B.
(and, regardless of the Circuit Court decision, would Note: Although the underlying fee of the abutting owners
still legally be in the grantees). extends to point A (or B, depending on the location of the
Nevertheless, without sufficient evidence to support subdivision line), the official lot corners remain as original-
that possibility, one must support the courts decision ly platted. In figure 4-21, point C is the northeast corner of
and presume it had the facts and necessary knowl- lot 1, and point D is the northwest corner of lot 6. The cor-
16-56
ners as platted do not change as a result of a vacation. This
rule will be discussed further under Problem 12.
Problem 11: Vacation of

One Intersecting Street the vacation does not constitute an additional servitude on
the owners of abutting property; that is, inflicting a special
Does the vacation of First Street, in figure 4-22, extin- injury to the real estate that differs in kind from that sus-
guish the publics easement in intersecting Elm Street? tained by the general public.304
The answer to Problem 11 is no. The vacation can- Intersections must be considered as the intersection of
not extinguish the publics easement in Elm Street separate easements in the public. Thus, in the space
unless expressly provided in the vacation order, and only if occupied by both First Street and Elm Street, two
16-57
separate public easements exist, one for First Street, But the fact that the lot lines and comers do not
the other for Elm Street. In this case, neither easement change as a result of a street or alley vacation does
dominates (even if one easement is senior to the oth- not mean the owner of an abutting lot, described by
er). Consequently, the vacation of First Street merely lot number only in that persons deed, is deprived of
acts to extinguish one of the two easements. The the underlying fee in the abutting street or alley. Prin-
remaining easement for Elm Street suffices to retain ciple 27 controls here:
the publics right to use the land of the intersection A conveyance of lots abutting a street (or an alley) before
for travel from place to place. This principle has been or after a vacation carries the fee in the street (or alley), re-
supported by the courts. gardless of whether or not the street (or alley) is mentioned
in the deed, except where the grantor did not own the street
Problem 12: How Are Lots Affected by (or alley) or expressly reserved the street (or alley).307
Street and Alley Vacations?305 Thus in McAdam v. Srnith308 the court held:
Does the vacation of a public way operate to relocate Where the description does not mention the street,
the original lot and block corners as established by river or other similar boundary, but the deed de-
the subdivision plat? scribes the parcel so that, in fact, it is adjoining, the
title to the bed passes the same as (if mentioned (citing
The answer is no. Although the owners of the lots cases).
have the underlying fee in all or part of the abutting
streets and alleys, the lots do not extend beyond their The support for the street passing to the purchaser
original location as shown on the recorded subdivi- of an abutting lot subsequent to the vacation of the street
sion plat. Nothing other than a replat or resubdivision of can be found in Fahey v. City o/Bend, supra, and other
cases cited in this publication.
the lots can change the original size and shape of the lots.
Thus, in the case of Earl v. Dutour306 the court held The foregoing rules and principles are based on the
that: condition where the street was not separated from
the abutting property by a prior conveyance.
Principle 79
Problem 13: Conveyance of Street
Street vacations or openings (creating additional
right of ways) do not alter the original lot lines. Before or After Its Vacation
In figure 4-24, lots 1 and 10 of Sandy Subdivision are
The court, in Earl, indicated that if the lot corners
separated by Jenkins Street. The same person owns
were to be any place other than at the right of way
both lots, and consequently has the underlying fee in
side line, they would be at the center of the street all of Jenkins Street lying between the lots.
(where the abutting owners underlying fee went
only to the center of the street). Figure 4-23 illustrates If the grantor conveys lot 1 by a deed that merely
the problems that would be effected if lot lines and describes the land as:
corners followed street vacations. Lot 1, Block 2, of
The circumstances of figure 4-23 is an exaggeration. Sandy Subdivision.
However, if the vacations number 1, 2, and 3 changed the conveyance carries the fee to the west one-half of
the lot comers, the southeast comer of lot number 8 Jenkins Street, as well as in lot 1.
would be at comer A prior to any vacation, comer B
subsequent to the first vacation, comer C subsequent
to the second vacation, and comer D subsequent
to the third vacation. If this were actually the case,
the interpretation of deeds referring to any of the
south comers of lots 5 through 8 would be virtually
impossible. The grantees, courts, title companies, car-
tographers, and others would have the problem of
deciding which corner was the southeast comer of lot
8? The original comer? Comer B? Comer C? Comer
D? Or is some other comer in the right of way being
referenced?
Fortunately, the courts and authorities are in agree-
ment that the lot corners never change.
16-58
If the owner of lots 1 and 10 intended to reserve the If any part of any road in this state shall not be opened
fee in the west one-half of Jenkins Street, when he for two years from the time of its location, the same shall
convey lot 1, it was necessary that he expressly reserved become vacant.310
the fee in that part of the street in the deed to lot 1.
That statute was amended in 1864 by substituting
In Problem 13, was it permissible for the owner of four years for two years.311 As a part of the same
lots 1 and 10 to include all of the underlying fee in act, section 55 was adopted, which read:
Jenkins Street with the conveyance of lot 1, and prior
The right of counties in this state to public roads, shall not
to any vacation of that street?
be extinguished by any adverse possession, however long
The answer is yes. Regardless of the dominant es- continued, and no title to lands included in such public
tate in the public, the owner of the servient estate (the roads, when such roads are once established, shall be ac-
underlying fee) in the street can convey that interest, quired as against such county through the operation of the
subject to the public easement. But to accomplish statute of limitations.
this, the grantors intent must be expressly worded in
the deed to lot 1, e.g.: In Hislop v. County of Lincoln, supra, the plaintiffs, in
1967, had owned a tract of 27 acres on Alsea Bay since
Lot 1 of Sandy Subdivision. Also all of Jenkins 1951. They made their home and operated a trailer
Street east of, and abutting lot 1, to the west line of park on that property. In recent years, lands fronting
lot 10 of said subdivision. Subject to the rights of the on Alsea Bay and the Pacific Ocean, and lying west
public in Jenkins Street. of the plaintiffs property, had been subdivided and
Because this kind of conveyance is rare, it would be to platted. This development, known as Bayshore, con-
the grantees benefit to request a statement to clarify tained 900 lots.
the intent of the parties to this transaction, i.e.: The controversy, in Hislop, arose out of Lincoln Coun-
It being the intent convey the underlying fee in tys (the defendant) claim, first asserted in 1965, that
the full sixty (60) foot by one-hundred (100) foot of a county road, which had never been opened, crossed
Jenkins Street abutting lot 1 on the East side thereof, the plaintiffs property from U.S. Highway 101 on the
subject, however, to the easement for road purposes east to Bayshore on the west. Bayshore was not with-
to the public. out access to and from the highway, but apparently
the county commissioners thought the road would be
That simple statement should suffice to prevent any desirable and was needed for ingress and egress to
future misunderstandings about the extent of the es- Bayshore. The plaintiffs denied existence of the road
tate of the owner of lot 1. and took their case to the Circuit Court of Lincoln
The grantor in the scenario just discussed has to be County. That court ruled in favor of the plaintiffs,
careful to note in a deed to lot 10, the prior convey- and the defendants appealed to the Oregon Supreme
ance of the east one-half of Jenkins Street. Court. The case was argued there October 4, 1967.312
It is important to understand that the conveyance of Here is all that was known about the controversial
lot 1 by a description in a deed that reads road:
Lot 1, Sandy Subdivision In 1891 the Benton County Court (the locus in quo
then being a part of Benton County) established
carries the abutting west one-half of Jenkins Street
what is referred to in the evidence as Nice Road.
regardless of whether the street has been vacated. A re-
The roads point of beginning was several miles
view of Problem 12 and Fossi v. Myers, supra, Hurd v.
east of the plaintiffs property and its western ter-
Byrnes, supra, Fahey v. City of Bend, supra, McAdam v.
minus was the Pacific Ocean. There is no dispute
Smith, supra and Cross v. Talbot, supra will provide sup-
about the correctness of the proceedings establish-
port for that rule.
ing the road. Neither is there any dispute about the
fact that the road has never been opened at any
Problem 14: Is Repealed Statute, point west of Highway 101. As far as plaintiffs
in Effect After Establishment of property is concerned, it is only a road on a map
and by description in the proceedings for its estab-
Public Way, Self-Executing?309
lishment on file in Lincoln County.
Re 1860 and 1864 Laws
It is the contention of the plaintiffs that the re-
This problem is pertinent, and remains applicable pealed statute (Or L 1860, as amended by the Act
to unopened county roads created during or before of October 22, 1864), which was in effect for twelve
1899. It is also historically significant, involving a years after the establishment of Nice Road, was
1968 case and an 1860 Oregon law that read: self-executing and, as the part of that road now in
16-59
question was never opened, it must be regarded barred by lapse of time .... In 1850 the Supreme
as vacated. Court of Ohio in Peck v. Clark315 explained the rea-
son for this legislation in this language:
The county contended that the 1864 law was not self-
executing, but constituted a direction to the county ... Long before the passage of this law, and up to
court to vacate a road which was not opened for four the present time, we had a statute making provi-
years after the time of its location or establishment. sions for vacating a useless or unnecessary road,
that has been opened. Any person, at all acquainted
To support its position, the county argued that the
with the situation of the country, will at once per-
statutes in effect during the relevant years vested
ceive the object and necessity of this statute. Many
supervision of all county roads in the county court
roads had been authorized through the country,
of the county in which the roads are located and no
that from the difficulty and expense that would be
county road shall be hereafter established, nor shall
attendant on their opening, or in some instances,
any such road be altered or vacated in any county
because they were not necessary, remained un-
in this state except by authority of the county court
opened. Persons were purchasing and improving
of the proper county.313 That provision, it was said,
lands, over which these roads were to run, without
would conflict with the four-year statute if the latter
knowing of their existence, other avenues of travel
were construed as self-executing. But if construed in
were opened in the neighborhood, that in many
the manner contended for by the county, both sec-
instances, supplied their place, and rendered them
tions would be given effect, and the result would be
unnecessary, even if necessary when first autho-
in consonance with the accepted rule that statutes
rized. Whenever a road, that had for a long time
should be interpreted to avoid injurious consequenc-
been in this situation, was attempted to be opened,
es. These injurious consequences were portrayed in
great difficulty and disquietude were thereby
the countys brief as:
produced; and the legislature to obviate such dif-
Every legally established county road created or ficulties, and presuming that a road, that had been
established but not opened for travel between the authorized, but not opened for so long a time, was
years 1862 and 1903 would be open to question unnecessary, passed this statute.316
and presumably vacated. There would be im-
This court (the Oregon Supreme Court), viewing
posed upon every county the duty to prove that its
the matter more than a century after our law was
present roads created prior to 1903 were actually
adopted by pioneer legislators, cannot speak of it
opened for travel and traveled. Such proof would,
with the same certainty as did the Ohio court with
in most instances, be beyond the recollection of
respect to the reasons behind the statute of that
man and consequently impossible to prove.314
state, but it is not a rash assumption that condi-
The court, in this case, responded: tions similar to those in Ohio in 1845 existed in
Oregon in 1860, and that the Oregon Legislature
We observe in passing that counsels (the county
in passing our statute had in mind the avoidance
counsel) assumption as to the burden of proof in
of the same sort of mischiefs to which the Ohio
the hypothetical cases suggested is not acceptable.
Court referred.
We think it would be the other way around, for
under the presumption that official duty has been On the other hand, it would be wholly specu-
regularly performed, it would be presumed that lative to say, as counsel argues, that unless the
the county officials would recognize that an estab- Countys interpretation of the statute is adopted
lished road which had not been opened for more the result would work chaos in the entire road
than four years had been vacated and would not system of every county in the state. There is no
undertake to improve private property and open it evidence, empirical or otherwise, to support that
to public travel. Hence, the burden would be upon assertion.
the one asserting a four-year failure to open a road
In all cases which have come to our attention
to prove it.
construing such statutes it is held either expressly
Oregon is not the only state which has enacted as in Van Sant v. Seattle317 (where the earlier Wash-
such laws. For example, an Ohio statute of 1845 ington cases are cited) or, by necessary implication,
provided: That any county road, or part thereof, that they are self-executing.318
which has heretofore, or may hereafter be autho-
Subsequently, the Oregon Supreme Court held:
rized, which shall remain unopened for public use
for the space of seven years, at any one time, after 1, 2. We agree with these courts. The statutes
the order made, or authority granted for opening of other states are not concisely worded as ours,
the same, shall be, and the same is hereby vacated, but all have the common purpose of terminating
and the authority granted for erecting the same is the legal existence of a road which has not been
16-60
opened to public use and travel after the passage of Furthermore, amendments of section 55 of the
a stated time. Our statute, like those of other states, 1903 act are pertinent. By 1905 Oregon Laws, Ch.
was essentially a statute recognizing and defining 224, it was provided:
abandonment by nonuser. 319 Had the statute read ... that the county court of the proper county may
shall be vacated, a plausible argument might be order the vacation of any road or part thereof in such
made for the countys position, but the Legislature county upon the application of any person over whose
used the word become, which means: To pass lands such road may have been located, when it shall be
from one state to another; to enter into some state made to appear from such application that such road has
or condition by a change from another state, or by not been used for vehicles for a period of five years.
assuming or receiving new properties or qualities,
additional matter or a new character.320 So, we This provision, as subsequently amended, is now
think it was clearly intended that when the statutory found in ORS 368.620.304 Its significance lies in
time has run and the road has not been opened it shall the fact that when the Legislature intended to vest
in the county court the authority to vacate a road
pass from the state of legal existence to non-existence
which had remained unopened for a stated period
(emphasis supplied).
it expressly so provided and prescribed the proce-
There is no necessary conflict between the section of dure to be followed.
the road laws vestinm in the county courts exclusive
The court, passing judgment on the circuit court deci-
authority to vacate county roads and the four-year
sion, affirmed the decree of the trial court, conclud-
statute. They relate to different things, or at least, ing:
to different methods of accomplishing the same
thing: The former to the exercise of the power of ... that part of Nice Road which passes over plaintiffs
vacation by an official body in the manner pre- property has been vacated and that plaintiffs are entitled
scribed by statute, the latter to vacation by lapse of to a declaration that they hold their property free from
time, and then only in the case of roads which had the claim of the defendants or anyone else arising out of
never been opened. Had the intention of the 1860 the establishment of such road.322
Act been to direct the county courts to vacate a
road which had not been opened for two years, the
Principle 80
natural place for the provision would have been An 1860 statute, amended in 1864 and repealed in
in section 1, where the authority to vacate is given 1903, providing that if any road in the state shall not
to the county court. Instead the provision became be opened for two years (prior to 1864), amended to
section 37 of that Act. four years in 1864, the same shall become vacant, was
Counsel for the defendants invokes the rule that self-executing. Consequently, any unopened public
subsequent legislation may be looked to for the road of record subject to the two year or four year
purpose of discovering the intent of the original law automatically passed from the state of legal ex-
istence to non-existence. The Oregon Supreme Court
act, and argues that the 1903 Act, by which, among
has held that the 1860 and 1864 law is not in conflict
other things, the four-year statute was repealed,
with vacation laws providing counties with authority
aids their contention because that Act makes
to vacate county roads.323
changes in the procedure for vacating county
roads. We are not told, and we are unable to dis-
cern, in what way these provisions throw light on Problem 15: Can City or County
the question. It may be added, however, that if any Annex a Condition Subsequent of
evidence of legislative intent can be found in the
1903 Act, it is contained in section 55 (quoted at Ordinance Vacating Street? If Such
the beginning of this discussion), which, in part, Condition Void, Is Vacation Invalidated?
provides that the right of counties to open public
roads shall not be extinguished by any adverse Although assessors have asked these questions of
possession, however long continued. It would the Department of Revenue, they are not matters of
seem that this provision conflicts with the theory mapping, assessment and taxation. The discussion
of the four-year statute and that the repeal of the and related case law is provided merely to satisfy any
latter became necessary in order to remove the curiosity regarding the questions. Moreover, our ex-
inconsistency. There would, of course, be no con- planation of highway law and the law of dedication
would be incomplete if the discussion were omitted.
flict if the four-year statute was not intended to
provide for the vacation of an unopened road by Portland Baseball Club v. Portland324 was an appeal from
the passage of time. the Circuit Court of Multnomah County regarding a
16-61
suit by the Portland Baseball Club against the City ration of the time limited therein, plaintiff refused
of Portland and others. The baseball club claimed the to perform, claiming that the council had no power
City of Portland had no power to annex a condition to annex a condition which, if not complied with,
to a vacation order. Chief Justice Rand explains: would render void its act in vacating the street
and, therefore, the vacation was effective and the
On January 25, 1928, on petition of the plaintiff
condition null and void. After said refusal by the
corporation, the council of the City of Portland
club to perform, the city proceeded to open up that
passed an ordinance which, so far as material to
part of the street vacated and to remove therefrom
this controversy, provided as follows:
certain fences and other structures belonging to
Section 2. That all that portion of Wilson street plaintiff and thereupon plaintiff brought this suit
lying between the west line of 24th street and the to restrain the city from interfering with its use and
east line of 25th street, now within the corporate enjoyment of that part of Wilson Street.
limits of (city, county, state), be and the same is
hereby vacated and said vacation of said portion The trial court had dismissed the baseball clubs suit,
of said street is hereby made a matter of record, but and the club appealed. The Oregon Supreme Court,
it is hereby expressly provided that the petitioner shall, in affirming the lower courts decision, held:
within ten days after the taking effect of this ordinance, 1. In this state the rule is that where land has
pay into the city treasury the cost of obtaining the neces- been dedicated or appropriated for a public street
sary changes and the public records so as to indicate as the fee in the street remains in the original owner
required by law such vacation; and it is hereby provided subject only to the public easement and, upon the
that the city auditor shall file with the county clerk of vacation of the street, it reverts to the owner of the
(county), a certified copy of this ordinance, and shall ob- abutting premises freed from the easement.322
tain from the county surveyor a proper entry on the plat Under the undisputed testimony, plaintiff is the
records as provided by law. Nothing contained herein sole owner of the abutting premises on both sides
shall cause or require the removal of abandonment of of that portion of the street conditionally vacated,
any sewer, water main, conduit of any kind, wires, and if the condition annexed to this ordinance was
poles, or any other thing used or intended to be used for void, as contended for by plaintiff, the fee in the
any public service, and the right is hereby reserved to street became immediately vested in plaintiff freed
maintain, continue, repair, reconstruct, renew, replace, of the public easement and the public easement
rebuild and/or enlarge any and all such things. thus lost could be restored only by condemnation,
Section 3. The foregoing vacation shall not be valid purchase or some contract entered into with the
unless The Portland Baseball Club shall on or before owner.
May 1, 1931, fully construct, equip and open to the 2, 3. We think it has generally been held that in
public a new grandstand, bleachers and clubhouse on absence of statutory or charter authority, the city
the property owned by said club and devoted to the im- council is not authorized to impose restrictions
mediate use of said club, the total cost of all to be not less or conditions to an ordinance vacating a public
than $250,000, and which shall be constructed in accor- street. Our statute seems to confirm that authority.
dance with the building and fire ordinances of the city Section 56-714, Oregon Code 1930, authorizes the
of Portland. The failure of said (club) to construct such county court to vacate public highways outside of
(improvements) within said time shall ipso facto void incorporated cities, and provides that, if there is no
this vacation ordinance without any further action or opposition thereto, the county court may vacate
notice upon the part of the council and shall ipso facto325 a highway with such restrictions as they may deem
constitute a rededication of the area vacated by this ordi- reasonable and for the public good, and section 56-715
nance as a street, and all rights secured undersaid vaca- provides that if there is opposition to such vaca-
tion ordinance shall ipso facto become null and void. If tion, the other requirements of that section having
the (club), its successors and assigns, shall cease to use been complied with, the county court may, if in
for baseball purposes the street area herein vacated, then their opinion justice require it, grant the prayer
and in that event, said vacated area shall revert and
of the petitioner, in whole or in part. The powers
be restored to public use for street purposes and
thus conferred upon the county court are conferred
all rights, title and interest of the (club) acquired by
upon the common council of an incorporated city
this ordinance to said vacated area shall become null
by section 56-718, which provides that the council
and void and the city shall have the right to open up,
may vacate a public street under the same restric-
improve and use said vacated area for street purposes.
tions and limitations as are contained in the fore-
After the passage of the ordinance, no attempt was going provisions of this act. These provisions, we
made by (the) plaintiff to perform the condition think, confer the authority upon the council of the
contained in section 3 thereof, and, after the expi- city of Portland to impose reasonable restrictions
16-62
and limitations upon the act of vacating a public tion alone was void and the vacation would stand as ii it were
street within the city. The charter of the city also absolute and unconditional.
provides that the council shall have the power 7, 8. The evidence shows that plaintiff had entered
to vacate a public street in whole or in part. 327 into an agreement with the city to charge itself with
While the powers thus conferred by the charter the duty, on or before May 1, 1931, to fully construct,
are not as broad as those conferred by the statutes equip and open to the public a new grandstand,
referred to, yet the council is not bound to look to bleachers and club house on the property owned
the charter alone for its authority, for it may also by said club, the total cost of all to be not less than
exercise such additional powers as are conferred $250,000. Such agreement was not contrary to public
upon it by a general statute applicable alike to all policy and the annexation of the condition was to
incorporated cities within the state.328 recognize and accede to that agreement. Such an
agreement is not contrary to law nor against public
4, 5. In passing ordinances, a city council is acting
policy, and therefore, the incorporation of it in the ordi-
in a legislative and not a judicial capacity.329 As there
nance as a condition was not void since it affected no one
said: The release of the public right in a highway,
but the contracting parties and was not unreasonable or
involved in its discontinuance, is in nature a leg-
contrary to public policy. It was a condition which the
islative and not a judicial function, which may be
council had a right to annex to the ordinance and,
directly performed by the legislative agents of the since it was not complied with, the city had the right
state. The vacation of a street or other public high- to restore the status quo by opening up the street,
way is the exercise of a power properly within the and it would seem the plaintiff is, and of right ought
domain of the legislature and both by statute and to be estopped to deny the validity of the annexed
by its charter, the City of Portland is authorized to condition.
exercise that power. In the exercise of its legislative
power, when duly authorized thereto, and in respect Other Vacation Problems
to matters properly within its control, the council is
limited only by some constitutional, statutory or char- For solutions to problems of apportionment not dis-
ter provision, or some positive rule of law, and, in the cussed here, refer to Curtis M. Browns Boundary Con-
absence of such provision or some positive rule of law trol & Legal Principles, supra, i.e. Lots at an Angle in a
prohibiting it, the legislative power of the city in respect Street,331 a right angle change in street replaced by curved
to such matters is the same as that of any other legisla- right of way. This is similar to Problem 9).332
tive body.
Note: Additional problems and solutions to vacation
6. Plaintiff contends that the council had no au-
problems, as well as case material that comes to the
thority to annex a condition subsequent to the or- Cartographic Units attention after this is published,
dinance and, therefore, the vacation was effective will be provided in annotations to be periodically
but the condition was void. The effect of a condi- added to this volume subsequent to its publication.
tion subsequent, said Shaw, C.J., in Harrington v.
Harrington330 is not to prevent the act to which it is an- Anyone making decisions based on the material con-
nexed from taking present effect; but it may defeat it af- tained here must be alert to legislative acts and future
terwards, or be attended with other legal consequence. decisions of the state Supreme Court and Court of
It is obvious that the passage of this ordinance was to Appeals that could have a bearing on the solutions
give immediate effect to the vacation of the street and, discussed here.
if the condition was contrary to the law, then the condi-
16-63
A person who induces the public to
believe his or her land a gift, or
knowingly permits them to use
and treat it as their own, until
they have so accustomed themselves
and accommodated their business
to it, that they cannot without
detriment be dispossed, confers a
right which that person can no
more resume without wrong than
he or she can rightfully seize what
was acquired otherwise than by
his or her gift.
Parrish V. Stephens
20r. 59, 69
17
SUB-CHAPTER
PUBLIC WAYS
BY PRESCRIPTION
17-1
17-2
Previously, this publication has discussed the estab- How is the doctrine of prescription relevant to the
lishment of public ways by: (1) dedication--common cadastral cartographers task and the assessment and
law and statutory, (2) grant--by purchase or donation, taxation of real property in Oregon?
and (3) statutory proceedings, including eminent do-
Before that question is answered, consider the road
main. All of these methods are more common than
or street, often encountered in the cadastral mapping
that of establishing public way by prescription: the
process, that has all of the characteristics of a public
right of the public to continue to use the land of an
way under jurisdiction of a city (or county), but there
owner for travel, acquired by the publics continued,
is no record of the way being dedicated, donated,
uninterrupted use of the owners land for a period of
granted, acquired by eminent domain, or established
time set by law (Oregon statutory period is 10 years,
by any statutory means. Many such ways have been
Code 1930 subsec 1-202).
encountered during remapping programs. Typically,
Prescription is not only the rarest of the methods for the circumstances will be:
establishing public highways, it is the method least
1. The way is being used for public travel. In the
favored by the courts (in the decision in Shumate v.
majority of situations there is evidence of public
Robinson1 the court said, Easements by prescription are
use of the way for over 20 years.
not favored by the law).2 This does not mean the doctrine
of prescription is not recognized in Oregon, nor does it 2. The city (or county) has assumed maintenance
mean that claims of easement by prescription are not up- of the way (but in many situations these ways
held. But it does mean the courts will be conservative and are not maintained in as good condition as other
technical in recognizing such claims. They will reserve streets in the area).
approval of the claims only in cases where the party gives
3. Other evidence that the city (or county) has as-
notice in its pleadings that it is specifically asserting such
sumed authority over the way includes:
a claim,3 and where that party can prove open, notorious,
hostile (that is, the use is not by license), continuous and a. Traffic signs are posted on the way.
uninterrupted user for the statutory period of 10
b. Stop signs are placed at certain intersections
years.4 The recognition by the courts is because the
with the way.
doctrine of prescription is founded on the idea that
it is in the best interest of the public that title to prop- c. The way is patrolled by law enforcement
erty should not long remain uncertain and in dispute. agencies.
It also promotes private justice by putting an end to
d. Curbside public parking is permitted. In
and fixing a limit to contention and strife.5
many cases parking is regulated by city
Prescription has nearly all the characteristics of ad- signs, yellow curbs and, in some situations,
verse possession, but is distinguished from the latter parking meters.
doctrine in that prescription is a means of acquiring
e. The city (or county) has painted a dividing
incorporeal hereditaments (in our discussion, ease-
line, separating traffic lanes, down the center
ments), whereas, adverse possession is a means of
of the way.
acquiring corporeal hereditaments (land). The court,
in Raab v. Casper,6 explains the distinction better, f. The city (or county) has installed a drainage
system in the right of way.
There is a difference between a prescriptive use of land
culminating in an easement (i.e. an incorporeal interest) g. City (or county) maps show the way in the
and adverse possession which creates a change in title or same manner as public ways of record.
ownership (i.e. corporeal interest); the former deals with
h. The city (or county) has passed ordinances
the use of land, the other with possession; although the
relating to the way.
elements of each are similar, the requirements of proof
are materially different.7 i. In some cases, city streetlights have been in-
stalled.
The acquisition of a public easement by user by the
public, that is, by prescription, is similar to such an 4. Appraisal records reveal that improvements
acquisition by custom. The latter is the result of a local (residential or commercial) have existed along
usage, not connected to any particular person, but be- the way for many years, and the occupants have
longing to the community rather than its individuals. apparently relied on the way for ingress to and
The major distinction between a prescriptive public egress from the abutting realty.
easement and one established by custom is that the
5. There is no record that the public use is by license.
latter requires user for time immemorial; the former
requires only continued, uninterrupted use for 10 6. The deeds to the land abutting the way are writ-
years. ten in the same manner as deeds are written
17-3
for most metes and bounds parcels abutting a happens, you will at least have the opportunity to see
public way of record. In some deeds, the way is how well you understand prescription.
mentioned by name; in others, it is referred to as
The following case of Bayard v. Standard Oil Co.8 is one
a public road, street or right of way. Two deeds
of the earliest Oregon cases dealing with prescription.
make no mention of the way. All deeds, however,
It is instructive on how the court resolves problems
are described by running to a line that is coinci-
regarding such claims.
dent to the center of the way.
7. The status of this way has never been debated in
a court of law. Moreover, there is no known claim
Bayard v. Standard Oil Co.9
that the public use of this is way is unlawful.
This action, by C.E. Bayard and Frank Watkins,
Obviously, the deck is stacked in favor of a public administrators of the estate of Perry Watkins was
way. But the purpose here is to show circumstances against the Standard Oil Company to recover dam-
that are signals of a presumed public right to the use ages for injuries resulting in the death of Mr. Wat-
of such ways. The majority of the evidence, or clues, kins. The plaintiffs alleged the injuries were caused
are not necessary for the operation of prescription, because an unlawful obstruction (an oil tank) was
but it is not unusual to find most present in such situ- placed in a public highway. The gist of the action was
ations. that the oil tank was in a county road, and if it was
This leads to the problem relevant to mapping, as- not in the limits of such county road, it was conceded
sessment and taxation, i.e.: Is the privately owned land that no action would lie.
in the public way taxable? or exempt from taxation? Circumstances of the case were:
If the way is public, the land of the bed of the way is Prior to 6-27-1896, the defendant had constructed a
exempt from taxation. If it is only used by the public, foundation of brick, by the side of or near the beaten
but is not a public way, the bed of the way is taxable track of a publicly traveled highway, and on that day
real property. was engaged in placing an oil tank thereon 10 1/2 feet
It would be convenient if the status of the way (public in diameter, and 30 feet in length, cylindrical in form,
or private) were resolved before being encountered and of a red or light brown color. When the tank was
in the mapping process. However, this is seldom the nearly in place, one Julian was driving by, and as he
case. Of course, it would be unreasonable to ignore the came opposite, his team became frightened, and ran
problem under the presumption it would some day (in upon the deceased (Perry Watkins), who was in a
the near future, or far future) be resolved by the courts. hack, driving ahead, causing his death. The theory
In the scenario presented as exemplary of a road estab- of the plaintiffs is that the highway was a public
lished by prescription, it is unlikely that its status will county road; that the tank constituted an obstruction
ever be debated in the courts. Moreover, it is important and a public nuisance within such road; and that the
to remain aware that it is not the responsibility of the frightening of Julians team thereat was the proximate
courts to legalize such roads as public. The courts only cause of the injuries complained of. To sustain their
contention, they introduced in evidence the records of
duty here is to settle disputes over the rights, title and
the attempted establishment by the County Court of
interests of the ways, and to interpret the laws govern-
Wasco County, Oregon, in 1867, of a county road from
ing the ways when such an interpretation is essential
The Dalles to the Lower Deschutes bridge, consisting
to resolve the problem before it.
of the original papers on file and record proceedings
An understanding of the doctrine of prescription will relating to the matter. These were not offered for the
aid you in making a determination (for mapping, as- purpose of showing a valid establishment of the high-
sessment and taxation purposes) about the taxability way, but to show color of title merely, to be followed by
of the land in the type of ways under discussion here. proof that it had been opened up and used by the public
At least the knowledge will be helpful for present- for about 28 years, regularly and continuously, prior to
ing the problem to legal counsel for advice. But be the accident. Other evidence was produced, tending
advised! Regardless of who makes the determination to show that between the years 1867 and 1880 there
(outside of the courts or legalization statutes), the was a road leading from The Dalles to the Lower
decision regarding the way being public or not is not Deschutes bridge, commonly known as The Dalles
binding on the public or any person or governmental and Deschutes Road, which was regularly traveled
body. It is for the purposes of assessment and taxa- by the public; that it was worked by the road supervi-
tion only. However, this is not to say that the deter- sor from time to time; and that the thread or beaten
mination could not end up as part of a defendants or track thereof passed over the ground where the oil
appellants case for, or against, a claim that a certain tank was being placed. The defendant (oil company)
road is or is not a prescriptive public easement. If this produced evidence tending to show that one Mary
17-4
Laughlin was the donee from the general government of actual travel, as where inclosures may have been
of the locus in quo; that on July 12, 1881, she deeded permanently maintained by persons affected with
to the Oregon Railway & Navigation Company a reference to the highway, or the use is referable to a
strip of land, comprising the premises, upon which survey and plat recognized and adopted by owners
the oil tank was placed; that the Oregon Railway & of lands over which the way extends, or was under
Navigation Company, sometime about the year 1882, color of ineffectual proceedings to establish a legal
constructed an ice house near the west end thereof, road under the statute.13
and a few feet to the east of where the oil tank was
Even where the highway is founded solely upon
substantially erected; that since said time the traveled
user, its width or extent of servitude is usually a
track turned to the south, but in close proximity to the
question of fact for the jury. It would seem that it
ice house, after passing which it gradually bears back,
ought not, where the topography of the locality
until it connects with the old way, several rods further
will permit, to be confined exclusively to the beat-
west. The tank extends south, even with the ice house,
en track or thread of actual travel, because of the
but not upon the beaten track of the road as now used,
exigency that experience has shown for the passing
and the defendant claims to have the authority of the
and repassing of those in use of it. And circum-
(O.R. & N. Co.) for erecting it at that point...
stances such as that the use has been with reference
Mr. Justice Wolverton, after stating the facts, deliv- to natural objects or artificial obstructions, or the
ered the following opinion of the Supreme Court: character of the way requires improvement, neces-
sitating to the wayside, are pertinent for the consid-
The plaintiffs cause of action depends upon wheth-
eration of the jury in determining the question.14
er the oil tank was being placed within and upon a public
county road. If it was, the right of recovery was clear, 3. It may be conceded, for the purposes of this case,
the other conditions being that it must have been the that the irregular and ineffectual proceedings of the
proximate cause of the injury, which must have been county court constituted color of title, so that a claim
special and peculiar, other and greater than that sus- of right and continuous possession and user for the
tained by the public generally.10 statutory period would give establishment to the
highway for the full width designated in the sup-
1. The first question of material moment arises
posed proceedings.15 Ordinarily, there must be an
upon the motion for a judgment of nonsuit, and has
entry under, and a claim of right with reference to,
relation to the competency of the ineffectual road the colorable title, in order to set the statute of limi-
proceedings, as showing color of title in the public. tations running. In such a case, actual possession need
The only way in which the record could serve the not be of the whole, but may be of a part only, and it will
plaintiffs is to extend possession constructively on be extended constructively to the whole, by reason of the
the whole, if there has been occupancy of any part within definite description contained in the defective or ineffec-
prescribed boundaries. User by the general public, under tual muniment. The rule must have like application to
a claim of right, adversely, and not be mere permission public highways, if it has any at all; that is to say, user
of the owner, for the period prescribed by the statute as a by the public must have been begun and continued
limitation beyond which actions for the recovery of real with reference to the supposedly valid proceedings.
property cannot be maintained, will establish an ease- In such a case, if there was user of a part, within defined
ment in the public. But the use must be continuous and limits, as shown by the proceedings, it would amount con-
uninterrupted, and substantially by way of a certain and structively to an occupation of the whole, and the width of
well-defined line of travel for the entire period.11 the road, when thus established, would correspond with
2. It is not material to the present inquiry whether that designated by the authorities or by the law. From the
such an easement is acquired by prescription, which very nature of things, there must be an entry and a user
presupposes an establishment by competent author- with reference to the color of title, as otherwise it could not
ity, or by dedication which implies a grant (of an be available for any purpose.
easement); for it is clear that such an easement may be
acquired by adverse user, by whatsoever name the process Principle 81
of establishment may be called. As a general rule, when
Colorable title forms the basis upon which a prescriptive
the highway depends solely for its establishment upon ad-
right to the full width of the defined limits is founded.16
verse and continuous user by the general public, its width
and extent of servitude are measured and determined by
The next step in logical course of establishment is an
the character and extent of the user, for the easement can-
entry and a user with reference to it, and, when this
not, upon principle or authority, be broader than user. 12
has been continuous and uninterrupted and adverse
Other conditions, however, may be effective to ex- for the statutory period, then has the right ripened
tend the exterior limits beyond the thread or course into a valid title in the public. It would be fallacious
17-5
reasoning, therefore, to indulge a presumption that a ous user by the public, under, claim of right, of a way
road as actually worked and used by the public was passing over the ground occupied by the oil tank for a
within and upon the way as attempted to be located, period of time extending from 1867 to 1880, and insist
and thence to conclude that its width must be mea- that it was competent for the jury to determine from
sured by that designated in the void proceedings. the nature of the user whether the highway had been
It must be proven that the road as used falls within the established thereby. If so established in 1880, the title
colorable title, and, when this is done, the other condition thus acquired must be presumed to have continued
follows; that is, the possession is extended constructively up to the time of the accident, unless the contrary
to the entire designated width, or occupancy of a part is is show. There was evidence, upon the other hand,
then equivalent to an occupancy of the whole. Where the from which it may reasonably be inferred that the
highway as used runs without the exterior lines of road, as established up to 1880, had subsequently
that as surveyed and attempted to be located and been abandoned at the point referred to by nonuser,
established by lawful authority, the width must then caused, perhaps, by the encroachment of the (O.R.
be determined by the rules herein before ascertained, & N. Co.) in constructing the ice house within and
and the ineffectual proceedings can have no bearing upon the way. It was held, in Grady v. Dundon19 that
whatever upon the subject. Marchand v. Town of Maple uninterrupted obstruction of a county road for more
Grove17 was a case where a highway, four rods wide, than ten years bars the right of the public by adverse
had been lawfully established by competent author- possession. But the way at this point, so far as the evi-
ity, but at one point along its course, by reason of dence tends to show, was established, if at all, by pre-
the marshy character of the soil, the travel had been scription, that is, by user under claim of right. As a way
diverted wholly without the limits of the road as laid, may be obtained and established by user, it may also
and so continued for a sufficient time to establish an be lost to the public by nonuser. Highways may be
easement by user, and it was held that the width of wholly, and there is no reason to hold that they may
the road thus acquired should be measured by the use. If be partially, discontinued by nonuser.20 And in a later
such is the rule, where there is a diversion from a road case, the court said: It has been settled in this state that
laid by valid proceedings, it must be so by a much a highway can be partially discontinued by nonuser,
stronger reason where the proceedings are invalid, and that it stands, as against long possession, no bet-
and constitute color of title merely. So that... ter than any other property.21 So it was held in City of
Peoria v. Johnston.22 That the public loses its right to a
Principle 82 highway where it has abandoned it, and has accepted
another instead, for such a length of time, and under
In order to make the easement or title available for the
such circumstances, as to give it a title to the substi-
designated width, the road as used at the point in ques-
tuted road. But, said the court, independently of
tion must be shown to fall within the limits of the one
this principle, conceding this highway was laid out
attempted to be laid, otherwise the easement cannot be
as claimed by appellant, and conceding there was an
broader than the use.18
intention to dedicate the premises on the southeast
of section 4, we are of opinion that the adverse pos-
4. In this view of the law, the record and files of the
session of the appellee, open and exclusive as it has
county court were not competent, under the evi-
been, and the complete nonuser of the easement by
dence subsequently developed. Mr. C. Schultz, the
the public for more than twenty years, are a sufficient
plaintiffs witness, who was a surveyor, attempted to
answer to the claim now made by the city. It is said
relocate the road survey, but found it utterly impos-
in 3 Kent,23 That mere nonuser for twenty years af-
sible to do so. He says, in effect, that it was not pos-
fords a presumption of extinguishment, though not a
sible to locate the ground where the line would run
very strong one, in a case unaided by circumstances;
from the field notes, and that all of his efforts put the
but if there has been, in the meantime, some act done
ice house and oil tank outside of the road, according to
by the owner of the land charged with the easement
his survey. Nor does the evidence of the defendant
in consistent with, or adverse to, the right, and extin-
help the plaintiffs case. So that there was no testi-
guishment will be presumed. 24
mony before the jury tending to show that the road
as used, and which traversed the immediate ground
Note: In Oregon, it was later held that the public easement
occupied by the ice house and oil tank, was within
is not extinguished by nonuse (see Principle 43), nor do the
the exterior limits of the road as attempted to be laid
statutes allow for extinguishment by adverse possession (see
at that point; hence the ineffectual record was not
ORS 221.750 and 275.027, and Principles 38 and 39).
pertinent or competent, and should not have been
allowed to go to the jury (of the trial court).
It would seem that by reason of the construction
The plaintiffs, however, produced evidence tending of the ice house, which was about the year 1882 and
to show that there had been an adverse and continu- which has probably been maintained in the same
17-6
position ever since, the thread of travel was diverted All of sections 24 and 25, except one 40-acre tract, was
from the old highway before reaching the building unoccupied public land of the U.S. until 1901, when
from the east, and, after passing close by on the south, it was settled upon under the homestead law. The
it again approaches the old way, and comes into it a 40-acre tract was taken as a homestead in 1896. Sec-
few rods west; that this obstruction had existed, and tion 36 was school land belonging to the state until
this new way had been used, for more than ten years, January 1901, when the defendant contracted for its
and at the same time and during all the while there purchase. The road in question is a part of a highway
has been a complete nonuser of the old way between from the Town of Joseph, in the southern part of the
the points of divergence. Now, if these facts are estab- county, leading north a distance of about 24 miles by
lished by the proof, the jury would be warranted in and near the Town of Enterprise. It was traveled by
finding that there was or had been an abandonment the public as early as 1880.
of the old way by nonuser, and in acquirement of a In 1888, upon a petition of the requisite number of
new way, which should be measured, as respects its householders, and after notice thereof, the county
width, by the rules herein previously ascertained. If, court appointed viewers27 and a surveyor to lay out
therefore, the construction of the oil tank was with- and locate a county road along the same route, who
out the exterior limits of the newly acquired highway, thereupon proceeded to lay out, survey, and locate the
then the defendant was not liable, and no recovery of road, from the Town of Joseph north, following as near
damages could be had. The instructions of the court be- as they could the then traveled road. Upon the coming
low (speaking of the lower court--or trial court), as of their report, it was approved by the county court,
we understand them do not proceed under this view and the road established and ordered opened. From
of the law, but rather, upon the space covered by the that time the use by the public of that part of the road
ice house, and that the construction of the tank within now in controversy was continuous and uninterrupted
the limits of the old way, although not within those of until 1901, when the defendant (Wade), by permission
the new would constitute an obstruction for which it of the homestead claimants, built a fence across it near
would be liable if injury ensued on account of it. These the south line of section 24, and another through the
considerations render it necessary that the judgment of the center of section 36. The trial court ruled in favor of
the plaintiff in the suit to enjoin the maintenance of the
(lower) court should be reversed, and a new trial ordered.
fences. Subsequently, the defendant appealed that de-
Reversed.25 cision to the Supreme Court of Oregon.
Here was the kind of testimony that showed the road
Wallowa County v. Wade26 had been used continuously by the public for more
than 10 years:
The establishment of a public easement by prescrip- A. S.A. Hart, who had lived near the north end of the
tion is not the only legal effect of public user for the road since 1883, was one of the chain carriers at
statutory period. The use is also evidence of accep- the time the road was surveyed in 1888. He testi-
tance of an easement granted prior to the time the fied that the road was in use by the public as road
statute of limitations was set running. when he first knew it, and he said the road had
been continuously used ever since (to 1903, the
In Oregon, public land cannot be acquired by ad-
year of the trial); that he and the settlers in that
verse possession. However, the acquisition of an
portion of the county have used it since 1888, sup-
easement across public lands, by public user for the
posing it to be a public highway by reason of the
statutory period, has been held to be one of the ways
action of the county court; that over sections 24, 25,
recognized by the laws of this state for establishing
and 36 the travel has held to the old, original track,
a public highway. This principle was announced in although there has been some slight variation;
Wallowa County v. Wade, supra. This was a decision that during all this time it has been a plain, open,
of the post-pioneer era, and one that was based on a well beaten track, and has been traveled by all the
special set of circumstances. Consequently, it is prob- people that live in that section of the county; that
ably irrelevant to most modem problems regarding it is the only road used by them in going to and re-
prescription. But this case has historical significance turning from the county seat; that through section
to the development of the common law doctrine of 24,25 and 36 the road passes through a can(y)on or
prescription in Oregon. And it is instructive on how gulch, and there is practically but one track.
some public ways came into existence in this state.
B. George S. Craig had lived in the county for 20 years,
The case was a suit to enjoin Wade, the defendant, from and knew of the road all of that time. He testified
obstructing a public highway running through sections that it had been traveled by the public continuously
24, 25, and 36 in T.1S. R.44E, W.M. in Wallowa County. as a highway, and he supposed it was a county road
17-7
since 1888; that through sections 24, 25, and 36 the the location of the highways and roads was made by com-
road runs through a can(y)on, and there has been petent authority or by public use, the dedication took ef-
but one track or roadbed used by the public, and fect by relation as of the date of the act; the act having the
he never noticed that it had been changed. same operation upon the lines of the road as if specifically
described in it.32 The act of Congress is more than a
C. J. B. Olmsted (as well as others) who had known
mere general offer to the public, being in effect a
and used the road since 1883 and prior to that time,
dedication of the land, which becomes operative
testified substantially to the same state of facts.
and relates back to the date of the act whenever the
The court said, Indeed, upon this question there
public, either by user or by some appropriate act
is practically no controversy in the testimony.
of the highway authorities, affirmatively manifests
D. The testimony of the defendant was directed main- an intention to use a certain definite portion of the
ly to showing that the road over the land enclosed public land as a highway. The right is necessarily
by him had never been worked or improved by the definite, and, in a sense, floating and liable to be
county authorities, or under their direction, and extinguished by a sale or disposition of the land
that it had been obstructed or changed from the until the highway is surveyed and marked on the
original survey at other places along the route. ground, or in some other way identified or desig-
E. The county held the position that at the time the nated; but when the public authorities lay out and locate
road was obstructed by the defendant, it was a a road over public land of the United States by survey-
public highway, becoming such by: ing and marking it on the ground, or by some legislative
act, or when it is shown by user, the right becomes
1. establishment under the statutory proceedings; complete, and an intention to accept the dedication is
2. dedication and acceptance; and manifested, and subsequent settlers on the land take
(the land) subject to the easement. The next year af-
3. prescription and user. ter the act of Congress referred to, the Legislature of
The objection of the defendant to the statutory pro- Kansas passed an act declaring all section lines in a
ceedings was that the petition upon which they were certain county to be highways; and it was held that
based was insufficient to give the court jurisdiction, it amounted to an acceptance of the dedication by
because it did not sufficiently describe the beginning, Congress, and when the land passed into private
intermediate, or terminal points of the highway. The ownership, was taken subject to the easement.33
Supreme Court felt that that particular argument was 2. In Streeter v. Stalnaker34 it was held that long-con-
not worth examination in this case. It further held: tinued user by the public, together with a survey, marking
1. The county court, acting upon such petition and out, platting, and improvement by public authorities was
notice given as required by law, caused the road to sufficient to show an acceptance of the dedication. In that
be surveyed and marked upon the ground, and this case it said: By this act the government consented
was followed by continuous user by the public for that any of its lands not reserved for a public purpose
more than thirteen years prior to the construction might be taken and used for public roads. The statute
of the fence by the defendant. This is sufficient to was a standing offer of a free right of way over the
amount to an acceptance of the grant made by Congress, public domain, and as soon as it was accepted in an
and for the establishment of a highway over state land, appropriate manner by the agents of the public, or the
either by dedication or prescription.28 public itself, a highway was established.
Congress passed an act29 providing that the In McRose v. Bottyer35 there was no action whatever
right of way for the construction of highways over by the public authorities, and nothing shown but
public lands not reserved for public use is hereby user by the public. The Court held that sufficient,
granted.30 While the language of this act is some- saying: The fact that the land was public land of
what indefinite and uncertain, it has usually been the United States at the time the right to use it as
construed as a present grant of an easement over a public way was acquired, and also at the time
public lands for highways, but is applicable to the use of it ceased, makes no difference. The act
railways and toll roads.31 The object of the grant, of Congress of 186636 granted the right of way for
says the Supreme Court of South Dakota, was to the construction of highways over public land not
enable the citizens and residents of the states and reserved for public use. By the acceptance of the
territories, where public lands belonging to the dedication thus made, the public acquired subject
United States were situated, to build and construct to the laws of this state; and the easement not hav-
such highways across the public domain as the ing been extinguished by the operation of such
exigencies of their localities might require, without laws, when the defendant acquired the title to the
making themselves liable as trespassers. And when land, she took it subject to the easement.
17-8
In Smith v. Mitchell37 the same doctrine is announced; Company, a corporation in which the City of Baker
the Court holding that a highway may be established over intervened, to foreclose a certificate of delinquency
public land in any of the ways recognized by the laws of the issued to the plaintiff for the nonpayment of certain
state. In deciding the case, Mr. Chief Justice Gordon, taxes assessed against the property described in the
speaking for the court, said: It is a well known fact complaint, which is situated within the corporate
that many of the public highways in this state had limits of the city of Baker, and consists of a strip of
their inception in adverse user, which ripened into land lying at the west end of Court Avenue. If Court
prescription. The act of Congress already referred to Avenue, which is one of the principal thoroughfares
does not make any distinction as to the methods rec- of the city, were extended westerly to the right of
ognized by law for the establishment of a highway. It way of the O.W.R. & N. Company, it would include
is an unequivocal grant of right of way for highways the strip of contested land and also a strip lying
over public lands, without any limitation as to the immediately to the south, fourteen feet in width.
method for their establishment, and hence a highway The premises in controversy have been uninclosed,
may be established across or upon such public lands and, together with the adjoining tracts belonging to
in any of the ways recognized by the law of the state other parties, have been accessible for public travel.
in which such lands are located; and in this state, as This suit involves the question of whether or not the
already observed, such highways may be established tract in dispute is a part of Court Avenue.
by: prescription, dedication, user, or proceedings under the
statute. Any other conclusion would occasion seri- The City of Baker intervened in the suit and pleaded
ous public inconvenience. The Supreme Court of three separate defenses:
Oregon, therefore, held: ...The long-continued user 1. A dedication of the property by John Stewart
by the public shown by the testimony in this case, to- and wife (the former owners), as a part of
gether with the action of the county authorities in sur- Court Avenue;
veying and locating a road over and through sections
24 and 25, was, under the construction thus given to 2. Conduct on the part of John Stewart and his
the act of Congress, and acceptance of the dedication, grantees by reason of which they are estopped
and sufficient proof of a public highway. from claiming that the land in question is not a
street; and,
3. Section 36 was school land, and belonged to the
state until 1901. Prior to the act of February 10, 190338 3. A conveyance to the Standard Oil Company,
the statute of limitations ran against the state the dated November 1, 1896, of a right of way over
same as against a private individual, and its title to the land, and a conveyance of the same by it to
school land could be extinguished by adverse posses- the city on the 24th day of April 1912, the latter
sion.39 The proof shows abundantly that the road had being made after the commencement of this suit.
been used continuously through this section for more
Other facts surrounding this litigation were:
than twenty years by the public as a highway, under
a claim of right, prior to the acquisition of the land The record title to the real estate described in the
by the defendant; and this was sufficient to establish complaint is in John M. and R. L. Stewart. The state,
the highway, as against the state, by prescription or county, and city taxes for the year 1908 were regu-
adverse user,40 even if the surveying, locating, and larly levied and assessed upon the property. John
filing the plat thereof was not of itself a dedication of Stewart originally owned a body of land includ-
the land to the public for a highway, if followed by ing this tract, and land immediately on the north
user by the public for that purpose.41 The county is an and south. In 1882, Stewart platted the tract on the
agency of the state in the location of highways, and north as Stewarts Addition, with the south line
there is reason for the position that the act is binding of the addition even with the north line of Court
on its principle, even if not valid as against a private Avenue, and adjacent to the land in dispute, which
individual because of irregularities or imperfections. was not shown on the plat as a street.
But a decision of the question is not necessary at the
present time.42 The Court affirmed the decision of In 1889, Stewart sold and conveyed the land on
the trial court (in favor of Wallowa County). the south to Geo. Cates, describing the same by
metes and bounds, without reference to Court Av-
enue. Stewart never conveyed any part of his land
Parrott v. Stewart43 by describing the same with reference to the above
street. Of late years a warehouse abutting on the
O.J. Parrott brought this suit against John M. south of the tract near the railroad and a residence
Stewart and R. L. Stewart, heirs of Barbara Stewart, have stood upon the Cates lot. The depot grounds
deceased, and the Standard Oil Co., a corporation are located on the north side of the strip. After the
of California, and the Sumpter Valley Railway O. W. R. & N. Companys railroad was built at this
17-9
place in 1884, a warehouse was maintained for or easement over the Stewart land in controversy
several years on the west side of the railroad, and herein. All the defendants except the city of Baker
freight from the interior was hauled over a crossing defaulted. The circuit court found that the city had
of the railway track and strip of land. This ware- no right to the land for use as a street.
house was burned some 20 years ago and the rail-
Mr. Justice Bean, delivering the opinion of the Oregon
road crossing was abandoned. Immediately across
Supreme Court, said:
the track lies private property. Later, other streets in
the vicinity were opened across the railroad right 1. In determining as to a dedication, the intention of the
of way, and tracks were laid by the Sumpter Valley owner is the controlling factor; but the law does not seek
Railway Company by the side of those of the O. W. for his (or her) undisclosed intention. It acts upon his (or
R. & N. Company, making ten in all. The tract in her) intention as evidenced by his acts and the circum-
dispute has been open from the west end of Court stances which he (or she) permits or encourages.44
Avenue to the railroad right of way since 1884, so
2. Principle 83, as follows:
that anyone desiring could cross the same, as is the
custom to use any vacant lot in the outskirts of such
Principle 83
a city.
It is evidence on behalf of defendant that there Where the situation of land is such as to indicate that it
has been more or less public travel over the land does not form part of the highway, although it may be
involved, since the eighties; the line of travel not alongside of the way and be used by the public, no dedi-
following exactly the strip of land claimed as a cation can be presumed without strong evidence of an
street, but verging to the north and passing over a intent on the part of the owner to devote the land to the
portion of Stewarts use of the public.45
Addition and the depot grounds. There is no means 3. In order to constitute dedication by parol there must
of ingress to or egress from the warehouse and be some act proved evincing a clear intention to dedicate
dwelling on the south, except over the 14-foot strip the land to the public use.46
mentioned. The city widened Court Avenue 14
feet on the south side, making the street that much 4. The owners acts and declarations should be deliber-
more in width than the tract in suit, and paved the ate, unequivocal, and decisive, manifesting a positive
same to this lot, but not beyond. The plat of, Stew- and unmistakable intention to permanently abandon
arts Addition shows the lots and blocks thereon his (or her) property to the specific public use. If they
and also the alleys dedicated to the public. The lots be equivocal and do not clearly and plainly indicate his
face upon an alley and not the strip claimed as a intention to permanently abandon the property to public
street. For many years the premises were regularly use, they are insufficient to establish a dedication.47
assessed and levied upon for taxes, the same being 5. The evidence does not disclose that John Stewart ever
paid by Stewart during his lifetime and by Mrs. made any dedication of the land to the public use. His
Stewart after his death. The city assessed the prop- acts, such as granting a right of way to the Standard
erty for storm sewer assessment, but constructed no Oil Company (which indicates the reason why he did not
sewer, made no improvements thereon, and assumed no sell the land with the Cates tract), and the payment of
authority or dominion over the same. taxes (negated) an intention to abandon the real prop-
The pleadings and record show that on Novem- erty. There is no evidence tending to show that the strip
ber 1, 1896, John Stewart sold and conveyed to was intended by anyone as a permanent street, or that
the Standard Oil Company a tract of land across the property was accepted by the public as a street. The
the railroad tracks and west of the premises in contention of defendant that there has been a dedication
controversy, and at that time granted an easement to cannot be upheld.
the company across the contested land, in connection
6. The defendant city next claims the right to the use
with the premises conveyed, to be used by the com-
of the land as a street by prescription or adverse use
pany as a means of ingress to and egress from the
by the public continuously for the statutory period of
property across the railroad; that the Standard Oil
limitation. To establish a highway by prescription there
Company conveyed the premises to J.W. Stuchell,
must be an actual adverse public use, general, uninter-
but in so doing failed to specially mention any right
rupted, continued for the period of the statute of limita-
of way or easement, although it did convey the ap-
tions under a claim of right, where this is established for
purtenances; that Stuchell later conveyed the prem-
the statutory period, the right is deemed perfected and a
ises to the Sumpter Valley Railway Company in the
permanent one.48
same manner and form as they had been conveyed
to him, omitting any mention of the right of way It was held in Smith v. Gardner:49
17-10
Principle 84 held the same land, on which the taxes were paid,
by prescription during the same years it received
Mere user of a highway, however long-continued and taxes thereon.56
uninterrupted by the public, is not sufficient to give a
right in the public; but such user must be accompanied All that would have been necessary for Stewart or
by acts, such as working the road, keeping it up by the subsequent owners to have done to have changed
public, repairing it or removing obstructions, etc., show- the condition as to travel would have been to
ing the use to have been made under a claim of right, and inclose the land. This would not have conflicted
not merely by permission of the land owner.50 with any authority exercised or claimed by the mu-
nicipal authorities. The city has not made out a case
coming within the well-defined rules governing a
Principle 85 prescriptive easement as announced and adhered
to by this court. This disposes of the second conten-
A permissive use of a way by certain portions of the com- tion of defendant.
munity constitute a license, and not a dedication; and is
something that may be revokes. See Principle 87.51 9. As to the conveyance by Stewart and wife to the
Standard Oil Company of a tract of land west of
And it was held in Bayard v. Standard Oil Co.52 that the railroad together with a right of way over the
user by the general public, under a claim of right, land in dispute to be used in connection therewith,
adversely, and not by mere permission of the owner, when the Standard Oil Co. conveyed the lot west
for the period prescribed by the statute as a limita- of the railroad, together with its appurtenances,
tion which actions for the recovery of real property to Stuchell on July 12, 1909, which deed was duly
cannot be maintained, will establish an easement in recorded, this right of way, being appurtenant to
the public. the tract described in the conveyance, passed to
the grantee without specific mention.57 Therefore,
Principle 86 the deed executed by the Standard Oil Co. to the
City of Baker on April 24, 1912, describing the right
The adverse use which will give title by prescription to of way over the land in controversy, conveyed no
an easement is substantially the same in quality and char- right thereto, as that company then had nothing to
acteristics as the adverse possession which will give title convey, and the city obtained no benefit by virtue
to real estate. As in the case of adverse possession, it must of such deed.
be continued for a long period; it must be adverse, under
The decree of the lower court was right, and it is af-
a claim of right, exclusive, continuous, uninterrupted and
firmed.58
with the knowledge and acquiescence of the owner of
the estate out of which the easement is claimed.53
City of Clatskanie
Principle 87 v. McDonald59
Where the use is merely permissive (constituting li-
cense), and not adverse, there is no basis on which a right This was a suit brought by the City of Clatskanie, a
of way by prescription may rest.54 municipal corporation, to determine an adverse claim
asserted by defendants to certain property which
7. The use made of the property in question by plaintiff claimed to be part of Bridge Street. The only
those travelling over it does not appear from the dispute related to a strip of land 47 feet long; its width
evidence to have been at any time either adverse varied from 3.13 feet at the southeast to 2.68 feet at
to the owner or under a claim of right. It does not the northeast. It was conceded that the record title to
appear that an action could have been maintained the property was in the defendants (McDonald), but
at any time Stewart or his successors in interest for the city claimed title (sic) by prescription,60 parol
any act of the city, or of anyone else, relating to the dedication and estoppel. The Columbia County Cir-
land. But, rather, the use appears as a neighborly con- cuit Court had upheld McDonalds contentions. Sub-
cession. Anyone was allowed to travel over the tract sequently, the city appealed that ruling in the Oregon
Supreme Court.
for convenience, as is often the case with a vacant
lot, as it did no harm, and the use was apparently Mr. Justice McCamant delivered the opinion of the
permissive in its very nature, and would not set the court.
statute running.55
In 1885 a county road thirty feet in width was
8. The receipt by the city of taxes paid by the own- laid out on the site of what is now Bridge Street in
er is inconsistent with the claim of the city to have Clatskanie. The land included in and abutting on
17-11
this road was platted in April 1902, but the road The Supreme Court held:
does not appear on the plat. It is established by tes-
1. In Parrott v. Stewart, (supra), Mr. Justice Bean
timony that the road extended fifteen feet on each
says:
side of the line dividing Lot 26 from Lot 27 in the
subdivision. On June 7, 1912, the owners conveyed To establish a highway by prescription there must
Lot 26 to the defendant J.W. McDonald and in the be an actual adverse public use, general, uninter-
following month he commenced the construction rupted, continued for the period of the statute of
of a building which has since been continuously limitations under a claim of right...
used for hotel purposes. This defendant set the A permissive use of a way by certain portions
front of the building back twenty feet from some of the community constitutes a license and not a
stakes which, as he supposed, marked the center dedication, and is ordinarily something that may
line of the road. In front of the building he laid be revoked.
flooring five feet in width and roofed it over. The
roof was supported by six wooden pillars which Where the use is merely permissive, and not
stood out five feet from the front of the building. adverse, there is no basis on which a right of way by
A door and two windows on the second floor of prescription may rest.
the hotel opened out on this roof, which was on the To the same effect see Peters v. Robertson.61 Plaintiff
same level as the second floor of the hotel. In 1908 has failed to establish that the use of the premises
the pillars were removed and thereafter the roof was hostile or adverse to the title asserted by the defen-
was supported by braces; at the same time this de- dants. The sidewalk was constructed originally for
fendant extended the flooring or sidewalk in front the use of defendants and those doing business at
of the hotel to a width of eight feet. Prior to this their hotel. The use of the sidewalk was permissive in
time some planks had been placed lengthwise the its origin and it could not become adverse without some
street in front of the defendants property. unequivocal assertion of the rights of the public as in-
Defendants hotel was the first building con- consistent with the title on which the defendants rely.62
structed on this part of the street, but in 1904 Bar- The evidence tends to show that no such claim was
bara H. McKiel constructed a building about fifty asserted by the plaintiff until 1915, shortly before
feet northerly from that of the defendants; and the the bringing of this suit.
same year Ben Berkenfeld built on property which 2-4. The plaintiff contends that there has been a
adjoined the defendants on the south. The front of dedication of these premises by acts in pals. Such a
the McKiel building was in line with the front of the dedication will not be assumed without clear evidence,
defendants hotel. Berkenfeld had intended to ex- manifesting an unmistakable intention on the part of the
tend his house five feet farther into the street than owner to abandon his property to the public use.63 The
the defendants property, but in consideration of plaintiffs evidence fails to satisfy this requirement.
some privileges granted to him by the defendants The evidence shows circumstances indicating that
in the use of their hotel for twenty-five years he the defendants had no intention of abandoning
more nearly conformed to their building line; his their dominion over this property. For a short time
building juts out two feet beyond the hotel. they boarded it up and the evidence fails to show
Berkenfeld and McKiel laid sidewalks in front that anyone protested. They continuously paid the
of their property. In 1905 the street was filled and taxes. It is held that the levy of taxes on property does
graded and shortly thereafter the sidewalks on the not estop the public from claiming it as a highway.64 But
street were connected up with planking. From the the continuous payment of taxes is evidence rebut-
time when the defendants hotel was constructed ting the presumption of dedication.65
in 1902 down to the bringing of this suit in October, Note: The previous statement must not be taken out
1915, the public has used the sidewalk in front of of context. The word presumption is important here.
the defendants hotel more or less and it is admit- The court is saying that, in cases where a dedication
ted that subsequent to 1906 most of the foot travel is presumed, as in a claim of prescriptive rights to an
on the street has passed over this sidewalk. For a easement, the payment of taxes is better evidence of
short time the defendants boarded up the northerly an intent to retain dominion over the land than if the
end of the sidewalk on their property because of taxes were not being paid (being important evidence
a hole in the dock on the adjoining property into tending to refute a claim that the owner intended to
which they feared someone might fall. When this retain dominion over the land), or if the land were
hole was covered, the board was removed. The de- exempt from taxation (evincing a presumption that
fendants have continuously paid taxes on the property the easement was public, the public was exercising
in dispute. its rights, and consequently the land was exempt
17-12
from taxation). But where the intent to dedicate has these facts. There is no evidence that other property
sufficed to operate as a statutory dedication, or com- owners constructed their buildings on the line se-
mon law dedication, the levy of taxes on the land of lected because of their belief that they could use the
the way will not estop the public from claiming it as sidewalk in front of the defendants hotel.
a highway.
Plaintiffs claim of estoppel is predicated in part on
the contribution by defendant J.W. McDonald of $40
The maintenance by the defendants of the roof over to a fund to pay the expense of widening the street.
the sidewalk is some evidence that they continued The street was widened by moving back the houses
to claim the property in dispute. The roof was also on the opposite side from that with which we are
a porch used in connection with the second story concerned in this case. The defendants part in the
of the hotel. These circumstances are each of slight matter does not estop them from claiming title to the
evidentiary value, but taken in connection with the property in dispute.
inadequacy of the plaintiffs proof on the main issue,
they satisfy us that there was no dedication. The decree of the lower court is affirmed.68
5-6. Plaintiffs final claim is that the defendants are Macleay Estate Co.
estopped to set up title to the property in question. In
Parrish v. Stephens66 it is said: v. Curry County69
He (or she) who induces the public to believe his (or her) This was a suit to quiet title to a tract of land. The ap-
land a gift, or knowingly permits them to use and treat it as peal before the Supreme Court centered on an alleged
their own, until they have so accustomed themselves, and existence of three public roads on the controversial
adjusted their property and accommodated their business tract of land: Bagnell Ferry Road, Port Orford-Ellens-
to it, that they cannot without detriment be dispossessed, burg Road, and the Witness Rock-Salthouse Road.
confers a right which he (or she) can no more resume with- It was conceded that the Bagnell Ferry Road legally
out wrong than he (or she) can rightfully seize what was existed, but the estate company denied the existence
acquired otherwise than by his gift. of the other two roads.
In the trial court the estate company admitted that the
The plaintiff contends that by constructing their Port Orford-Ellensburg Road had been legally estab-
hotel as above indicated and permitting the public to lished, but contended that it was subsequently aban-
travel in front of it have induced other property own- doned, and that therefore its title as owner of the fee
ers to build on substantially the same line and that had been freed from the road easement. The county
injustice would be done them if the defendants were made no claim that the Witness Rock-Salthouse Road
now permitted to claim as their own the property in
had an origin in dedication, or had been established
dispute. On this issue the case is not free from doubt,
pursuant to action by any public body. However, it
but the burden of proof rests on the plaintiff.
did claim a right in behalf of the public to its contin-
ued use by prescription. The Supreme Court held:
Principle 88
1,2. The parties agree upon the principles of law
The title to real property cannot be divested by estop- applicable to this controversy but differ as to what
pel without clear and satisfactory evidence.67 facts are established by the evidence... The Witness
Rock-Salthouse Road is approximately 350 feet in
There is evidence that the defendant J.W. McDon- length and 30 feet in width; it runs from the edge
ald requested McKiel and Berkenfeld to conform to of the Rogue River to the Roosevelt Highway in the
his building line in constructing their buildings, but town of Gold Beach. We are satisfied that it was not
there is no evidence that this defendant made any until the spring of 1916 that a use was made of this
representations with reference to the use of the side- land which informed the plaintiff that a road was
walk. Berkenfeld received a valuable consideration being established; at that time the present road was
from McDonald for constructing on the line selected. graded. This suit was begun April 10, 1926. The
In order to sustain the estoppel contended for, the aforementioned work was neither done nor super-
city should have proved that other property owners vised by the county; in fact, the county had no con-
were induced to construct their buildings substantial- nection of any nature with this improvement; its
ly in line with defendants hotel by a belief induced cost was borne by the plaintiff and two others. The
by defendants that the strip of land in front of these completion of the work was followed immediately
buildings could be used as a sidewalk without claim by the posting of notices by the plaintiff which
thereto by defendants. The evidence fails to establish bore the information that the road was a private
17-13
one, and that permission to use it was revocable; at The possession must be hostile and under a claim of
three different times such notices were posted. In right.
1925 the roadway was obstructed by a fence erected
Since we conclude that the public never asserted
by the plaintiff. It is true that someone tore down
any hostile claim in the land which constitutes the
the notices as time went on, and that the fence was
roadbed of the Witness Rock-Salthouse Road, but
demolished shortly after it was built, but, neverthe-
upon the other hand availed itself of a permissive
less, the erection of the fence served the purpose,
right, our findings are that the defendant (county)
as is suggested by Elliott on Roads and Streets70 of
has no right in this road.74
informing the public that the use was a permissive
one. Indeed, there is reliable evidence to the effect The remainder of this report dealt with abandon-
that the public understood that those who used the ment of the Port Orford-Ellensburg road (discussed
road enjoyed that privilege, not as a right, but as a under Abandonment).
permission from the plaintiff. Both Mr. W. A. Wood,
County Judge from 1912 to 1924, and Mr. Chas. H. Sweet et al v. Irrigation
Bailey, his successor, testified that the county had
never asserted any claim to the road. Upon the oth- Canal Co.75 (Reference only)
er hand the county had negotiated for some time
with the plaintiff for the purpose of acquiring it as This case was a suit by the abutting owner to obtain
a public highway. We have read the testimony with a decree enjoining the maintenance by the Irrigation
care and fail to find any substantial evidence to the Canal Company of a ditch, in a county road, which
effect that anyone ever claimed a right to pass over interfered with the plaintiffs right of ingress to, and
this road as a matter of right. egress from their land. The width of the road was an
In Stotts v. Dichdel71 this court said: issue in this case, and the details of the case and deci-
sion of the Supreme Court, pertinent to the width and
To establish a highway by prescription, the land margin (right-of-way line) of the road, is included in
impressed with the use must have been used by the the section of this publication on The Widths of
public with the actual or implied knowledge of the Public Ways. Noted in that section are the principles
land owner, adversely under claim or color of right, of law on the width of highways established by pre-
and not merely by the owners permission, and un- scription, or where the highway depends solely for
interruptedly and substantially by way of a defined its establishment upon adverse and continuous user
road for the period required to bar an action for the by the general public.
recovery of possession of land.
And in Curtis v. La Grande Water Co.,72 this court Huggett et ux
said:
v. Moran et ux76
Principle 89
This suit was commenced by the plaintiffs to rescind
To acquire a right of prescription in the lands of another
a contract for the purchase of real property from the
upon the presumption of a grant, the possession must
defendants (W.G.) Moran and (E.F.) Moran, husband
be adverse, continuous, uninterrupted, and by the acqui-
and wife; however, his wife being deceased, the cause
escence of the owner of the land upon which the ease-
was continued against W.G. Moran, who was the sole
ment is claimed. If this inception is permissive or under a
owner of the property. The plaintiffs alleged that
license from the owner, it cannot avail to work an ouster.
the defendant, himself or through his agents, repre-
To effect that result, the possession taken must be open,
sented that the roadway leading from what had been
hostile, and continuous; he must unfurl his flag on the
called the Rocky Point county road to the property
land, and keep it flying, so that the owner may see, if he
purchased by the plaintiffs was a county road, that
will, that an enemy has invaded his domains, and planted
the statement was material and false, and that they
the standard of conquest. Under this rule, an adverse
would not have purchased the property except for
possession cannot grow out of a permissive enjoyment;
their reliance upon the false representations of the
and so speak the decisions without a dissentient voice,
defendant.
including this court.
Moran, by answer, alleged that the roadway was not a
In Chapman v. Dean73 Mr. Justice Burnett, in point- private roadway, but that it was a public road maintained
ing out succinctly the elements of a prescriptive by Washington County and used by the general public
right, stated as the first: without restrictions for a period of over 40 years. He ad-
17-14
mitted it was not a county road, and denied that he ter established, nor shall any such road be altered
ever represented it to be a county road. or vacated in any county in this state, except by
authority of the county court of the proper county.
The defendants principal contention was that the
uncontradicted evidence showed that the road in Section 100-1203, OCLA (ORS 368.405), provides
question was used and traveled by the public as a for the establishment of county roads in the follow-
county road, and was improved, worked upon, and ing manner:
maintained by the county since 1938. The defendant
(1) By petition of freeholders,
added that for all legal purposes the roadway has
become a county road by prescription, and, there- (2) By resolution of the county court,
fore, the representation, if made, was not false. The
(3) By grant of owners of necessary rights of way
Supreme Court said:
(which includes dedication),
The principle question, therefore, before this court
is whether or not the evidence disclosed that for the (4) By condemnation proceedings,
purpose of this cause there was a county road lead- and then provides:
ing from the Rocky Point county road to the farm
purchased by plaintiffs. This provision shall not preclude the acquirement of
public ways by adverse user.
In this state there are two systems of highways,
those designated as state highways, and those des- So that there has been expressly provided by stat-
ignated as county roads. ute the right of counties to obtain public roads by
prescription.
State highways were first so designated by the legis-
lative assembly of the state by Chapter 237, 1917 Or. 1,2. While strictly speaking way is not synony-
Laws. mous with road (the word way being more ge-
neric than the word road, and referring to many
In Postal Telegraph Co. v. State Highway Commis- things besides roads),81 as used in the stature autho-
sion,77 it is stated: rizing the establishment of county roads it must be
Prior to the authorization for the construction of construed as including therein county roads. The
this class of highways, there were no such roads in statute does not in anywise change what we have
the state. Whatever roads existed were known as said in the past regarding the ultimate fact that In
county roads, except that, earlier in the history of this state a highway may be established by adverse user,
the country, there were certain highways known and where length of time of such use by the public has
as toll roads, and certain others known as territorial been greater than the period prescribed by the statute of
roads. By statute, however, all territorial roads were limitations for the recovery of real property, that will
declared to be county roads.78 By the same title79 be regarded as sufficient evidence of the existence of a
it was declared that all county roads shall be under highway independently of any supposed dedication.82
the supervision of the county court of the county And generally it is unimportant whether the right
wherein the road is located, and that none such arising by prescription is based on the presump-
shall be altered or vacated except by authority of tion of an antecedent regular and lawful exercise
such court of the proper county. of established authority or by prior dedication, the
result is the same.
This same section80 was later revised as subsection
100-1202, OCLA (ORS 368.205), and insofar as is 3. With relation to prior dedication of roadways,
material to this issue reads as follows: the rule is that, regardless of the easement of use
acquired by the public, property owners for their
All county roads shall be under the supervision own benefit, or convenience, cannot impose a
of the county court wherein said road is located. street or highway upon a municipality against its
Each county court within this state shall have will and compel it to improve or repair the street
the authority, and it shall be its duty, to supervise
or highway.83
control and direct the laying out, opening, estab-
lishment, locating, relocating, changing, alteration, 4. By enactment of a law a county cannot be
straightening, working, grading, maintenance and compelled by formal dedication or gift to accept a
keeping in repair, improvement and vacation of all highway and thus be impress with the burden of
county roads within its county, and to prescribe the improvement and repair without the formal sanc-
methods and manner of working, improving and tion of the county court.84 (Note: Do not misinter-
repairing the same, and to legalize old roads and to pret this as barring common law dedication. But it
restore monuments thereon; and except as shall be is true that a county does not have to improve or
expressly provided, no county road shall be hereaf- repair a road created by common law dedication
17-15
unless it accepts the road.) However, if the roadway Mr. L.L. McIntyre... testified that he was employed
is duly accepted by the county, the duty to establish by Washington county as a county engineer and
and maintain the way arises. roadmaster and had charge of the maintenance and
construction of county roads (testifying to contin-
Each of the above methods of establishing a ued improvement and maintenance of the road,
county road with its attendant liability requires from 1938).
formality of offer and formality of acceptance, and
refers solely to the statutory methods of laying out, Mr. Herman H. Reese... testified that he had been
opening, establishment, alteration, straightening, formerly employed by the (county) road depart-
locating, and relocating county roads.85 ment... June, 1943 to October, 1950 (testifying to
continued county maintenance).
5. The rights to the use of a way arising by prescrip-
tion, arise not out of the formality of conveyance, but by 8,9. It is quite clear from the evidence set forth
above (uncontradicted) that (the county had main-
informality; not by formal gift, grant or dedication, but
tained the road for 10 years).... this case discloses
by open, notorious, hostile, adverse use, based upon the
that a county road, in fact, existed...
assumption of a prior dedication or action by duly con-
stituted authority. Thus a roadway so established
is not controlled by the statutory requirement of Hay v. Stephens89 (1972)
formal acceptance, and unless required by statute,
no formality is necessary to a valid acceptance.86 This case involves a claim of a private easement across
a pathway instead of a roadway. Although a private
6. An offer of dedication may be impliedly ac- claim is involved, rather than a claim on behalf of the
cepted by some act or acts showing that the mu- public, the decision here would be relevant to that of
nicipality has assumed control and possession of a public claim of a right to the use of a pathway. And
the land dedicated as a public way, but the acts since such rights are often presumed, this case would
relied on must be unequivocal and not equivocal be of some value to the subject of establishing public
or isolated.87 easements by prescription.
7. Whenever a statute prescribes the minimum This suit by the plaintiffs was to establish a prescrip-
width of public roads to be established in the fu- tive easement in the form of several pathways across
ture, and a public road is established by prescrip- the defendants land. The trial court, Clatsop County,
tion, the width thereof is the minimum necessary to had held in favor of the plaintiffs, and the defendant
the establishment of a legal road in the absence of appealed that decision to the Supreme Court.
evidence of the taking of a greater amount.88 The facts presented were:
With these rules of law before us we shall now Defendants own a parcel of land at Cannon Beach,
consider whether or not the evidence is sufficient Oregon, between plaintiffs land and the beach. The
to establish a county road by prescription for the plaintiffs purchases one parcel of their property
purposes of the instant case. (Lot 4) from Mrs. Morrison and an adjoining parcel
Mr. Carl R. Tannock, called as a witness by the (Lot 5) from a Mr. & Mrs. Wolff. Plaintiffs and their
defendant, testified that the road in question had predecessors in title to both parcels used the path-
ways above to get to the public part of the beach.
been open for use by the general public since about
1916, and that it has never been shut off or closed The only question on appeal is the sufficiency of
since that time; that the county did work thereon in the evidence to sustain plaintiffs claim to a pre-
the year 1938, and the road has been maintained by scriptive easement.
the county since that date. In 1933 the Wolffs began crossing defendants
Mr. Clarence D. Nelson, called as a witness by the parcel to get from their house on Lot 5 to the beach.
defendant, testified that he had lived in the vicinity The house sat close to the edge of a steep decline
nearly 60 years; that he thought the road had been described as a cliff by some witnesses. Paths from
open for public use since about 1910 or 11; that each of two sides of the house converged into a
the road has been open to the use of the public and single path down the cliff so steep that steps were
not restricted since that date. cut into it for footholds. Three pathways led from
the house on Lot 4 to the beach; each followed a
Mrs. Nellie R. Grant, called as a witness by the steep gradient similar to that of the paths on Lot 5.
defendant, testified that to her knowledge the road Since the houses on both lots were used principally
had been open since 1918 to the use of the public during summers and week-ends, use of the paths
and had never been closed. were intermittent.
17-16
The court held: defendants to have prevented the use which was
being made of their land.
1. Defendants contend that there was not ad-
equate proof to establish a prescriptive right. They
Principle 92
first argue that plaintiffs failed to prove the ele-
ment of continuity of use. There was evidence that A use is adverse though made in recognition of the
the paths were used regularly during the periods wrongfulness of the use and, also, of the legal authority
when the homes on Lots 4 and 5, were occupied. of another to prevent it.93 A use is adverse if not made in
Although, as indicated above, these periods were subordination to the person against whom it is claimed
intermittent, we are of the opinion that the evidence to be adverse.94
demonstrates the necessary continuity of use.
As pointed out in Restatement of Property (Servi- The evidence establishes that the use made by
tudes):90 plaintiffs was not in subordination to defendants.
We conclude, therefore, that plaintiffs acquired a pre-
Principle 90 scriptive right to use the pathways over defendants land.
To satisfy the requirement that the use be continu- There is evidence that the strip of land owned
ous it is not necessary that it be constant. A use may by defendants is so steep and narrow that it is not
be continuous though there are periods of time more practicable for the defendants to build upon it or
or less extended between the specific acts of use. Many put it to any other useful purpose....95
easements, such as rights of way and rights of hunting
or fishing, which are periodical or only occasional in City of Ashland
use, may be acquired by prescription. The requirement
means that there be no break in the essential attitude v. Hardesty96 (1975)
of mind required for adverse use rather than that the use
be constant. 1. This was a suit for declaratory judgment in which
the plaintiff, the City of Ashland, sought a ruling
In cases in which title was claimed by adverse that, in addition to certain deeded rights of way it
possession we have acknowledged continuity of
possessed, it acquired by prescription and easement
use despite considerable periods of time during which
giving it a right of way across the defendants proper-
there was no use of the property. Thus in Springer v.
ties from the public street to the citys sewage treat-
Durrette et ux91 we held that the fact that the land
ment plant. The trial court of Jackson County found
was used for grazing only from April to November
that the city had acquired such an easement and one
did not preclude the claim for lack of continuity.
of the defendant property owners appealed that deci-
There we pointed out:
sion to the Oregon Court of Appeals. Since it was in
Principle 91 the nature of a suit in equity, the Court of Appeals
review was de novo.97
An important consideration in testing continuity is the
The issues raised by the assignments of error are
character of the property and the manner which the av-
the following: (1) whether there was a material vari-
erage owner would use it.92
ance between the complaint and the proof at trial,
In the present case the pathways were used in a (2) whether a municipal corporation can acquire an
normal manner for owners of beach property and easement by prescription, and (3) whether the City
therefore the use was sufficiently continuous. of Ashland acquired a prescriptive easement across
defendants properties.
2,3. It is further contended that the plaintiffs failed
to establish the element of adverseness in the use 2. The defendant contends that the description in
of the pathways. Defendants rely upon admissions, the complaint of one defendants property leaves
on cross examination, made by plaintiff William out a portion of the property across which the
Hay and his predecessors in title that they did claimed prescriptive easement actually runs. The
not intend to acquire ownership of the pathways legal description of the prescriptive easement con-
and that they would have discontinued using the tained in the complaint is not alleged to be faulty or
pathways if the defendants had made them stop. incomplete. ORS 16.630 provides that: no variance
These admissions do not negate adverseness of use; between the allegation in a pleading and the proof
however; they amount to no more than disavowal shall be deemed material, unless it has actually
by plaintiffs of any claim to ownership in the land misled the adverse party to his prejudice in main-
and recognition by them of the legal authority of taining his action or defense upon the merits....
17-17
Defendant does not claim that he or any other the two pieces of property between the plant and
defendant was misled or prejudiced in any way by the public street about one-quarter mile away. Sur-
this omission. The variance is immaterial and was veyors testimony and diagram established that the
properly disregarded by the trial court. right of way claimed by the city did not wholly cor-
3. Defendant also argues that a municipal correspond with the deeded easements, although they
poration is prevented from acquiring a property intersected and overlapped in some places. For
interest by prescription or adverse possession by example, one of the deeded easements contained
Or. Const. Art. I, subsec. 18, which prohibits the an extremely sharp angle, while the easement here
taking of private property for public use without claimed by the city made a gradual curve, cutting
just compensation. We are not here dealing with the off that acute angle entirely.
question whether the right of eminent domain may 5,6. In relation to the issues raised by appellants,
be exercised, but with whether a state or munici- Restatement of Property104 defines adverse use as
pal corporation may acquire property by adverse follows:
possession. The federal government is subject to a
similar eminent domain provision in Amendment A use of land is adverse to the owner of an in-
V to the Constitution of the United States, but in terest in land which is or may become possessory
Stanley v. Schwalby98 the United States Supreme when it is:
Court held:
(a) not made in subordination to him, and
Principle 93 (b) wrongful, or may be made by him wrongful,
as to him, and
The federal government (can) acquire property by
adverse possession in the same manner as a private (c) open and notorious.
individual. City officials and employees testified that they
believed that their usual route to the sewage treat-
In Stephenson v. Van Blokland99 the Oregon Su-
ment plant followed the deeded easements claimed
preme Court said:
by the city. The city, in fact, paved this now claimed
right of way in 1961. The citys belief and actions
Principle 94
establish that its use of the route was not subor-
Even though the statute does not run against the State, dinate to the property owners whose land they
adverse possession by the State for the statutory period crossed, but adverse thereto.105
will give title by prescription.100
Principle 96
The rule that states and municipal corporations
may acquire interests in property by adverse pos- An intent to claim land occupied under a mistaken be-
session or prescription is widely recognized.101 lief of ownership is sufficient to prove hostile intent.106
We find that: 7. Although the city believed it had an easement

to use the right of way it followed, it did not have
Principle 95 that right under deeded easements and its occupa-
Or. Const. Art. 1, subsec. 18, does not prevent the state tion and regular use of the portions wholly or par-
or a municipality from acquiring property interest by tially outside the deeded easements, was without
adverse possession or prescription. consent of the property owners, but with their full
knowledge, and had been continuous since 1949.
4. For the City of Ashland to establish its claimed The property owners neither protested nor made
easement by prescription it must prove an open any effort to require the city to confine its use to
and notorious use of defendants land adverse the deeded easements until about the time this suit
to the right of defendants for a continuous and was filed.
uninterrupted period of ten years.102 It must es- See Arrien v. Levanger107 where it is held that to
tablish these elements by clear and convincing establish adverse use it is not required that the use be
evidence.103 continuous, but merely the normal use a claimant would
In 1936 the City of Ashland bought a piece of prop- have made of the property for his (or her) purpose if he
erty on which it built a sewage treatment plant. The actually owned the property. Here the citys employ-
parties stipulated that about that time the city had ees used the claimed right of way whenever they
acquired the right by deeded easements to cross needed to work at the sewage treatment plant.
17-18
8. The last element that the city must establish is It is important to understand that a public way cannot be
whether the right of way that it used was sufficiently established by prescription where the adverse use is by a
clear and definite so that what it utilized can be identi- limited number of persons, such as in the Oregon case
fied. There is conflicting testimony. The defendant of Hay v. Stephens, supra, discussed here. In that case
claims that the city had no definite route or that the
even though the plaintiffs were part of the public,
route shifted. City employees testified that they fol-
lowed essentially the same mute. The surveyor for they could not have acquired the right to use the land
the city testified that when, following a 1974 flood if they had claimed that right to be public, instead of
in the area, he surveyed the route for reconstruc- private, because the use was limited to the plaintiffs
tion, he found remains of the asphalt from 1961 and their guests. But the test of user is not so much
paving along the straight sections of the route, and the number of persons actually using the road or path,
around the curve, where the route was covered by but the character of its use; that is, whether the public
sand and gravel from that January 1974 flood of has had a free and unrestricted right of use of road or
Ashland Creek. Air photos taken in 1961, 1962 and
path.109
1969 all indicate a clearly defined roadway.
We conclude, as did the trial court, that the City of Also noteworthy is that the only right the public can
Ashland did acquire an easement by prescription giving acquire by prescription is the right of passage.110 Such a
it a right of way across the described real property of right can never ripen into ownership of the land by
defendants.108 the public.
17-19
Endnotes
1. Shumate v. Robinson, 52 Or, App. 199 14. Davis v. City of Clinton, 58 Iowa 389, 26. Wallowa Co. v. Wade, 43 Or. 253, 72 P.
(1981), 627 P.2d 1295. 10 N.W. 768; Marchland v. Town of 7O3 (1903).
Maple Grove, 48 Minn. 271, 51 N.W.
2. Id. Op. cit.: Wood v. Woodcock, 276 27. Blacks Law Dictionary, supra, de-
606.
Or. 49, 56, 554 P.2d 151 (1976); Boyer fines viewers as persons appointed
v. Abston, 274 Or. 161,163, 544 P.2d 15. This is in reference to an argument by by a court to make an investigation of
1031 (1976); Thompson v. Scott, 270 counsel for the respondent that the certain matters, or to examine a par-
Or. 542, 528 P.2d 509 1974); Woods v. record of the proceedings attempting ticular locality (as the proposed site
Hart, 254 Or. 434,458 P.2d 945 (1969). to establish a county road, though in- of a new road), and to report to the
See: Wemmer v. Young, 167 Neb. 495. valid, was admissible as color of title, court the result of their inspection,
38 Or. 438, pp. 443,444, op. cit on p. with their opinion on the same. Rev.
3. Shumate v. Robinson, supra, at pp.
444. 4th ed., page 1740, Viewers.
204 -205.
16. Bayard v. Standard Oil Co., 38 Or. 28. Bayard v. Standard Oil Co., 38 Or.
4. Code 1930, subsec 1-202; ORS
438, at page 447, 63 P. 614. 438, 63 P. 614; Nosler v. Coos Bay R.
368.201.
Co., 39 Or. 331, 64 P. 644, 22 Am. &
5. Lehigh Valley R. Co. v. McFarlan, 43 17. Marchand v. Town of Maple Grove, Eng. R. Cas. 720.
N.J.L. 605 cited in: 2 Thompson on 48 Minn. 271, 51 N.W. 606.
29. Act of July 26, 1866, ch. 262, subsec 8,
Real Property, 1961 ed., subsec 335,
18. Bayard v. Standard Oil Co., supra, Stat. U.S. 253.
n. 18, pp. 156-157. See: State ex rel
cit.: State v. Auchard, 22 Mont. 14, 55
McNutt v. Orcutt, 221 Ind. 523, 199 30. Rev. Stat. U.S. subsec 2477 (U.S.
P. 361.
N.E. 595; Buss v. Dyer, 125 Mass. 287. Comp. St. 1901, p. 1567).
19. Grady v. Dundon, 30 Or. 333, 47 P.
6. Raab v. Casper, 51 Cal. App. 3d 866, 31. Flint & P.M. Ry. Co. v. Gordon, 41
915. But see: City of Molalla v. Coover
876, 124 Cal. Rep. 590, 596 (1975), Mich. 420, 2 N.W. 648; Wason Toll
et ux, 192 Or. 233, 235 P.2d 142. Public
cited in Shumate v. Robinson, supra. Road Co. v. Townsite of Creede, 21
ease cannot be defeated by adverse
Land Dec. Dep. Int. 349, 351; Pasa-
7. Id. op. cit.: Glatts v. Henson, 31 Cal.2d use, or by nonuser.
dena Toll Road Co. v. Schneider, 31
368, 371-372, 188 P.2d 745; Cleary v.
20. Gregory v. Knight, 50 Mich. 61, 64, 14 Land Dec. Dept. Int. 405.
Trinble, 229 Cal. App. 2d 1,6.
N.W. 700.
32. Wells v. Pennington County, 2 S.D. 1,
8. Bayard v. Standard Oil Co., 38 Or. 438,
21. Coleman v. Flint & P.M.R. R. Co., 64 48 N.W. 305, 39 Am, St. Rep. 758.
63 P. 614, But, Milarkey v. Foster, 6 Or.
378, 25 Am. Rep. 531, was earlier. Mich. 160, 163, 31 N.W. 47. 33. Tholl v. Koles, 65 Kan. 802, 70 P. 881.
22. City of Peoria v. Johnston, 56 Ill. 45. To the same effect is Wells v. Penning-
9. Id.
ton County, supra.
10. Milarkey v. Foster, 6 Or. 378, 25 Am. 23. 3 Kent llth ed., marg., p. 448.
34. Streeter v. Stalnaker, 61 Neb. 205, 85
Rep. 531; Wakeman v. Wilburn, 147
24. Beardslee v. French, 7 Conn. 125; N.W. 47.
N.Y. 657, 42 N.E. 341.
Holt v. Sargent, 15 Gray 97; Amsbey
v. Hinds, 46 Barb. 622; Hamilton v. 35. McRose v. Bottyer, 81 Cal. 122, 22 P.
11. Elliotts Roods & Streets, 2d ed., su-
State, 106 Ind. 361, 7 N.W. 9; Simplot 393.
pra, subsec 175, 176; Jones, Easmts,
subsec 458; State v. Auchard, 22 Mont. v. City of Dubu-que, 49 Iowa 630; 36. Sec 2477, Rev. Stat. U.S., U.S. Comp.
14, 55 P. 361; Shellhouse v. State, 110 State v. Culver, 65 Mo. 607, 27 Am. St. 1901, p. 1567.
Ind. 509, 11 N.E. 484; Manrose v. Rep. 295; Wayne County Say. Bank v.
Parker, 90 Ill. 581; State v. Keokuk, Stockwell, 64 Mich. 586, 48 N.W. 174, 37. Smith v. Mitchell, 21 Wash. 537, 58 P.
etc., R.R. Co., 45 Iowa 139. 22 Am. St. Rep. 708, See: Note on 668, 75 Am. St. Rep. 658.
Highway by User and Discon-tinu- 38. 1903 Or. Laws, p. 18.
12. Marchland v. Town of Maple Grove,
ance by Nonuser.
48 Minn. 271, 51 N.W. 606; Valley
39. B. & C. Comp. subsec 4, 13; Ambrose
Pulp & Paper Co. v. West, 58 Wis. 599, 25. See: Three extensive notes, Aban- v. Huntington, 34 Or. 484, 56 P. 513;
17 N.W. 554; Bartlett & Beardmore, donment of a Highway by Non-user Schneider v. Hutchinson, 35 Or. 253,
77 Wis. 356, 46 N.W. 494; Scheimer of Otherwise than by Act of Public 57 P. 324, 76 Am. St. Rep. 474.
v. Price, 65 Mich. 638, 32 N.W. 873; Authorities, 26 L.R.A. 449-469;
Western Ry. v. Alabama G.T.R. Co., Discontinuance or Vacation of 40. Elliotts Roads and Streets, 2d ed.,
96 Ala. 272; Wayne Co. Say. Bank v. a Highway by the Acts of Public subsec 175.
Stockwell, 84 Mich. 586, 22 Am. St. Authorities, 26 L.R.A. 821-840;
Rep. 708. 41. Hanlin v. Chicago & Al. W Ry. Co., 61
and Effect of Aban-donment of a Wis. 515, 526, 21 N.W. 623.
13. Whiteside v. Green, 13 Utah 34, 57 Highway, 26 L.R.A. 659-665; and
Am. St. Rep. 740, See: note of 25 a further note, Rights Acquired as 42. Wallowa County v. Wade, 43 Or. 253,
pages, High-ways by User, 44 P. 1032; against the Public by Adverse Posses- 72 P. 793; See: Note 57 Am. St. Rep.
Pillsbury v. Brown, 82 Me. 450, 19 A. sion or City Street, 18 L.R.A. 146- 744.
858, 9 L.R.A. 94, see: note, Right of 150. Reporter. But see: City of Molalla
43. Parrott v. Stewart, 65 Or. 254, 132 P.
Public to Use Entire Width of High- v. Coover et ux, 192 Or.; Lowell et al v.
523.
way, Sprague v. Waite, 17 Pick. Pendleton Auto Co., 123 Or. 383; ORS
309; Bartlett v. Beardmore, 77 Wis. 221.750 and 275.027; Prin-ciples 42 44. 3 Dillon, Mun., Corp., 5th ed. subsec
356, 46 N.W. 494. and 43, and footnotes. 1079; Kuck v. Wakefield, 58 Or. 549,
17-20
115 P. 428; Hogue v. City of Albina, 20 63. Hogue v. Albina, 20 Or. 182, 187, 25 P. see: subsec 100-1224, OCLA (ORS
Or. 182, 25 P. 386, 10 L.R.A. 673. 386, 10 L.R.A. 673; Lewis v. Portland, 368.545).
25 Or. 133, 155, 35 P. 256, 42 Am. St.
45. Parrott v. Stewart, supra, op. cit.: El- 85. Subsec 100-1203, OCLA (ORS 368.405).
Rep. 772, 22 L.R.A. 736; Parrott v.
liotts Roads & Streets 2d ed., subsec
Stewart, supra, Harris v. Ss. Helens, 86. Hendrickson v. City of Astoria, 127 Or.
167.
72 Or. 377, 386, 143 P. 941, Ann. Cas. 1, 270 P. 924; Christian v. Eugene, 49
46. Lownsdale v. City of Portland, 1 Or. 1916 D. 1073. Or. 170, 89 P. 419; Carter v. City of
381, 405, F. Cas. 8578; Lewis v. City of Port-land, 4 Or. 339.
64. Campau v. Detroit, 104 Mich. 560, 562,
Portland, 25 Or. 133, 155, 35 P. 256, 22
62 N.W. 718; San Leandro v. LeBreton, 87. Hendrickson v. City of Astoria, supra,
L.R.A. 736, 42 Am. St. Rep. 772
72 Cal. 170, 177, 13 P. 405; Rhodes v. p. 8; 18 C.J. 82, Dedication, subsec 80;
47. Hogue v. City of Albina, 20 Or. 186, Brightwood, 145 Ind. 21, 30, 43 N.E. 26 C.J.S. 104, Dedication, subsec 40A.
187, 25 P. 386, 10 L.R.A. 673. 942; Gillean v. City of Frost, 25 Tex.
Civ. App. 371,377, 61 S.W. 345; John- 88. Pillsbury v. Brown, 82 Me. 450, 19 A.
48. Parrott v. Stewart, supra, cit.: Wood son v. Knott, 13 Or. 308, 315, 316, 10 P. 858, 9 L.R.A. 94; Kritzberger v. Traill
v. Hurd, 34 N.J.L. 87; Marion v. Skill-
418. County, 62 N.D. 208, 242 N.W. 913;
man, 127 Ind. 130, 26 N.E. 676, 11
City of Seattle v. Abrahamson, 109
L.R.A. 55. 65. 1 Elliotts Roads and Streets, 3d ed.
Wash. 116, 186 P. 644; 25 Am. Jur. 360,
185; Parrott v. Stewart, supra; Bau-
49. Smith v. Gardner, 12 Or. 226, 6 P. 771, High-ways, subsec 36; 39 C.J.S. 939,
man v. Boeckler, 119 Mo. 189, 199,
53 Am. Rep. 342. High-ways, subsec 20.
202, 24 S.W. 207; Lockey v. Bozeman,
50. Id. 42 Mont. 387, 113 P. 286, 290. 89. Hay v. Stephens, 262 Or. 193 497 P.2d
362 (May, 1972).
51. Id. 66. Parrish v. Stephens, 1 Or. 59, 69, su-
pra. 90. Restatement of Property, Servitudes,
52. Parrott v. Stewart, supra, cit.: Bayard
subsec 459, comment b, p. 2936
v. Standard Oil Co., 38 Or. 438, 445, 63 67. Urguhart v. Belloni, 57 Or. 314,
(1944).
P. 614. See: Doyle Milling v. Georgia 321,322, 111 P. 692.
Pacific, 256 Or. 271,473 P.2d. 91. Springer v. Durrette et ux, 217 Or. 196,
68. City of Clatskanie v. McDonald, 85
352 P.2d 132 (1959).
53. 22 Am. &Eng. Ency. of Law, 2ded. Or. 670, 167 P. 560.
1192; Coburn v. San Mateo County 92. This factor is discussed in 3 American
(c.c.), 75 F. 520; Shellhouse v. State, 69. MacLeay Estate Co. v. Curry County,
Law of Property subsec 15.3 p. 767
110 Ind. 509, 11 N.E. 484; City of 127 Or. 356, 272 P. 263.
(1952) where it is stated that pos-
Topeka v. Cowee, 48 Kan. 345, 29 P. 70. Supra, 4th ed., sec 198. ses-sion may exist in a person who
560, 563. And review Doyle Milling v. uses the land in the way in which
Georgia Pacific, 256 Or. 271,473 P.2d 71. Stotts v. Dichdel, 70 Or. 86, 139 P. 932.
an average owner of the particular
135; 39 Am. Jut 2d, Highways, Streets
72. Curtis v. La Grande Water Co., 20 Or. type of property would use it though
& Bridges, subsec 25 et seq.
34, 23 P. 808. 10 L.R.A. 484. he does not reside on it and his use
54. Elliott, 2d, supra, subsec 175; Engle v. involves considerable intervals in
Hunt, 50 Neb. 358, 69 N.W. 970-972; 73. Chapman v. Dean, 58 Or. 475, 115 P. which the land is not actu-ally used at
Town of Brushy Mound v. McClint- 154. all. See also: Norgard et al v. Busher
lock, 150 Ill. 129, 36 N.E. 976, 977. 74. Macleay Estate Co. v. Curry Co., 127 et ux, 220 Or. 297, 349 P.2d 490, 80
Or. 356, 272 P. 263. A.L.R. 2d (1960); Knecht v. Spake et
55. Altschul v. ONeill, 35 Or. 202, 211, 58
al, 218 Or. 601, 346 P.2d 98 (1959).
P. 95; Trump v. McDonnell, 120 Ala. 75. Supra.
200, 24 So. 353. 93. 5 Restatement of Property, Servitudes,
76. Huggett et ux v. Moran et ux, 201 Or. subsec 458, comment c, p. 2926
56. Elliotts 2d ed., supra, subsec 167; 105, 266 P.2d 692. (1944).
Illi-nois Cent. R. Co. v. City of Bloom-
ington, 167 Ill. 9, 47 N.E. 318; Niles v. 77. Postal Telegraph Co. v. State High- 94. ld. p. 2924.
City of Los Angeles, 125 Cal. 572, 58 P. way Commission, 276 F. 958, 961.
190; Hesse v. Strode, 10 Idaho 250, 77 95. Hay v. Stevens, 262 Or. 193, 497 P.2d
P. 634. 78. Sec 38, title 1, ch. 47, General Laws of 362, See: adverse use prerequisite to
Oregon 1645-1864. acquisition of easement by prescrip-
57. George v. Cox, 114 Mass. 382, 387; tion. 25 Am. Jur. 2d, Easements and
Spaulding v. Abbott, 55 N.H. 423: 79. Id., sec 1.
Licenses, subsec 51-55; C~I.S., Ease-
Brown v. Thissell, G Mass. (6 Cush.) 80. Oregon Laws, 1645-1864, subsec 1, ments subsec 13.
254, 258. title 1, ch. 47.
96. City of Ashland v. Hardesty, 23 Or.
58. Parrott v. Stewart, 65 Or. 254, 132 P.
81. Kister v. Reeser, 98 Pa. 1, 4, 42 Am. App. 523, 543 P.2d 41.
523.
Rep. 608.
97. Blacks Law Dictionary, rev. 4th ed.
59. City of Clatskanie v. McDonald, 85
82. Douglas County Road Co. v. Abra- p. 483 defines de novo as: Anew;
Or. 670, 167 P. 560.
ham, 5 Or. 318; to the same effect is: afresh; a second time; op. cit. A writ
60. The city must have meant title in an Bayard v. Standard Oil Co., supra; for sum-moning a jury for the sec-
easement because title in the land Ridings v. Mar-ion County, 50 Or. 30, ond trial of a case which has been
can-not be acquired by prescrip- 33, 91 P. 22. sent back from above for a new trial;
tion. cit., Slaughter v. Martin, 9 Ala. App.
83. Moore v. Fowler, 58 Or. 292, 114 P. 472.
285. The court in City of Ashland
61. Peters v. Robertson, 73 Or. 263, 266,
84. Subsec 100-1225, OCLA, as amended v. Hardesty, cit.: Port of Portland v.
144 P. 568.
(ORS 368.550); and as to the con-vey- Maxwell, 9 Or. App. 105, 110, 496 P.2d
62. 1 R.C.L. 704; 2 C.J. 124; 130 ances by individuals rights of way 23 (1972).
17-21
98. Stanley v. Schwalby, 147 U.S. 508, 13 S. 103. Id. at page 546. easement in private property by
Ct 418, 37 L. Ed. 259 (1893). adverse possession; 25 Am. Jur. 2d,
104. 5 Restatement of Property, Servitudes,
Easements and Licenses, subsec 40;
99. Stephenson v. Van Blokland, 60 Or. 247, 2924, subsec 458.
118 P. 1026 (1911). 18 A.L.R. 3d 678; C.J.S., Easements,
105. Id. comment d; Port of Portland v. sub-sec 70.
100. Citation omitted, 60 Or. at 255. Maxwell, 9 Or. App. 105, 110, 496 P.2d
23 (1972). 109. 2 Thompson, Real Property, 226, sub-
101. 10 McQuillin, Municipal Corporations sec 342, 1961, cit: Swinford v. Roper,
41-42, subsec 28. 15, 3d rev. ed. (1966); 106. Rider v. Pottratz, 246 Or. 454, 456 425 389 Ill. 340, 59 N.E.2d 863; Verb v.
7 Powell, Real Property 751-52, sub- P.2d 766 (1967); Port of Portland v. Morris, 410 Ill. 206, 101 N.E.2d 566;
sec 1020, (1974); 5 Thompson, Real Maxwell, supra, at 110.
Prop-erty 586, subsec 2555, (1957); Discher v. Klapp, 124 Ind. App. 563,
Annotation, 18 A.L.R. 3D, 678, 689, 107. Arrien v. Levanger, 263 Or. 363, 369, 117 N.E.2d 753.
(1968). 502 P.2d 573 (1972).
110. 2 Thompson, supra, 229, subsec 342,
102. Thompson v. Scott, 270 Or. 542, 528 108. City of Ashland v. Hardesty, supra. (1961) cit: Stengl v. Starr Bros., 370 Ill.,
P.2d 509 (1974). See: right of municipality to acquire 118. 18 N.E.2nd 179.
17-22
Strict compliance should always
be made with the statute in
road matters. It should ever
be kept in mind that the
laying out of a road over
private property is taking that
property against the will of
the owner and that it cannot
be taken even by the state,
except by strictly pursuing the
procedure prescribed by statute
for that purpose.
Latourette V. County Court
121 Or. 323
18
CHAPTER
MISCELLANY
18-1
18-2
1931 law-recording road widths in records. Or-
The Widths of Public Ways egon Laws, 1931 ch. 326 required that, effective June
6,1931, the proposed width of a county road was to be
stated in all petitions, notices, orders or resolutions.
Principle 97 From this date to the date of this writing it has been
required that the road width be stated in all docu-
The width of a public way or highway is the distance be-
ments relating to roads.
tween the right-of-way side lines that mark the limits of
the public easement created by: dedication, grant, statu- The 1931 Legislature also provided that the county
tory process or prescription. court determine the width of county roads, subject
only to a minimum width, not to be less than 30 feet.
The following is a brief history of Oregon laws and
1947 legislative amendment. Oregon Laws, Chapter
decisions regarding the widths of county roads.
498, amended the 1931 law, i.e.: All county roads
The Bush Codes. These codes were in effect under established after the effective date of this Act shall
the Provisional government of the Oregon Territory. be of such width as the county court shall determine,
Under the codes, all county roads were to be 60 feet which width shall not be less than 50 feet; provided
in width, unless the county commissioners, upon the that the county court shall have the authority to ac-
prayer of the petitioners, determined a lesser number cept any dedicated circular road or street less than 30
of feet. feet in width not exceeding one mile in length, and
Bush Codes incorporated into state laws. Effective maintain such road or street as a county road for one-
in 1861, the Bush Codes were incorporated into Or- way traffic. The proposed width to be stated on all
egon law except that county court was substituted for documents.
county commissioners. The 1951 amendment. Oregon Laws, Chapter 132,
1889 Amendment, County Road Law. The Or- amended the 1947 law, i.e.: All county roads estab-
egon law regarding the widths of county roads was lished after the effective date of this act shall be of
amended in 1889. The amended law required that all a width as the county court shall determine, which
roads were to be 60 feet in width, unless the county width shall not be less than 50 feet; provided that
court, upon the prayer of the petitioners, determined the county court shall have authority to accept any
a different width which was not to be less than 40 feet circular road or street of not less than 30 feet in width
nor more than 80 feet. and not exceeding one mile in length and to main-
tain such road or street as a county road for one-way
The 1915 amendment. In 1915, the Oregon Legislature traffic only. The proposed width shall be stated in all
amended the law to require that all county roads documents.
were to be 60 feet in width, unless the county court,
upon the prayer of the petitioners, determined a 1953 Oregon laws. ORS Chapter 229 required:
different width, which was not to be less than 30 feet (1) Subject to subsection (2) of this section, all
nor more than 80 feet. county roads established after August 2, 1951, shall
The 1917 amendment. In 1917, the Legislature amend- be of such width as the county court shall determine,
ed the law to omit the phrase upon the prayer of the which width shall not be less than 50 feet. The pro-
petitioners and, for the first time, giving the county posed widths shall be stated in all petitions, notices,
courts the right to establish roads by resolution as an orders, or resolutions relating to any county road.
alternate to the petition system. (2) The county court, by majority vote, may accept
1927 decision of the Oregon Supreme Court. Prior as a county road any highway, road, or street, ir-
to 1931 there was no requirement in Oregon law for respective of its actual platted width, if such high-
specifying the road width in the road documents. way, road or street was dedicated to the public as a
Consequently, most documents prior to 1931 failed highway, road or street before January 1, 1948. After
to note the specified or intended road width. But in acceptance, the county shall maintain such highway,
April 1927, the Oregon Supreme Court announced, road, or street as a county road.
in Latourette v. County Court (of Clackamas County),
1978 Oregon Laws. ORS Chapter 368 provided:
that the prescribed width must be considered as an
important part of a resolution establishing a county ORS 368.415. (1) subject to subsections (2) and (3) of
road. (This case will be discussed in detail in this this section, all county roads shall be of such a width as
publication.) Consequently, the 1931 Legislative As- the county court shall determine. Such width shall not be
sembly added the requirement that such widths be less than 50 feet unless the court finds compliance with
specifically noted in official road documents, i.e.: the standards adopted pursuant to subsection (3) of this
18-3
section. The proposed width shall be stated in all petitions, (A) The laws governing the width of roads at the
notices, orders or resolutions relating to any county road. time the road was originally established; or
(2) The county court by majority vote, may accept as a (B) If the original width of the road cannot be deter-
county road any highway, road, or street, if it is found to mined, to the width for roads of the same class estab-
comply with the standards adopted pursuant to subsection lished by the standards under ORS 368.036;
(3) of this section. After acceptance the county shall main- (b) (cause filing of report.)
tain such highway, road, or street as a county road.
(c) (cause notice of proceedings).
(3) The county court may, by resolution, adopt standards
for county roads less than 50 feet in width. Such standards ORS 368.221 provides: Notwithstanding ORS
may include, among other things, width, length, design 368.036, a county governing body may legalize a
and construction, limitations on access, and restrictions of road at any width that is less than the width of the
onstreet parking. 2 road described in ORS 368.206 if the county govern-
ing body determines that:
1981 change. ORS 368.415 was renumbered by 1981
legislative act, ch. 153, subsec 45, as ORS 368.041. (1) The legalization of the road at the lesser width is
in the public interest; or
1985. Widths of county roads as published in the ORS and
(2) An encroachment on the road may not be prac-
in effect on Sept. 27, 1987.
tically removed under ORS 368.211.9
ORS 368.041. (1) Unless otherwise provided under
With the foregoing laws in mind, consider the follow-
ORS 368.036, a public road that is designated as a
ing scenario that is typical of road and mapping prob-
county road after August 2,1951, shall be 50 feet or
lems encountered in the statewide cadastral mapping
any greater width the county governing body es-
program.
tablishes. The proposed width shall be stated in all
petitions or notices that initiate consideration of the 1. In the process of mapping a rural area of a county,
designation of a road as a county road. The width es- the cartographer has assembled all of the avail-
tablished for a road shall be stated in orders or resolu- able records, surveys, maps and plats of sections
tions accepting the road as a county road under ORS 4, 5 and 6 of a township.
368.016.3 2. A gravel, graded and drained county road runs
(2) After a resolution or order designating a public through the sections. The records indicate this
road as a county road is final, the county shall main- road has existed since 1925.
tain the public road as a county road. 3. Part of the cartographers job is to draw this road
ORS 368.036 relates to standards for county roads on each map as accurately as possible, being care-
ful to show the side lines, or right-of-way lines of
and road work, and mentions widths in subsection
the road at the width as established by the county
(1), i.e.: (1) County roads and work performed on
court, or as subsequently revised by authorized
county roads shall comply with specifications and
action of the county court. Showing the precise
standards, including standards for width, adopted
location of the side lines of the publics easement
by the county governing body....
is important because:
ORS Chapter 368 also provides for the legalization
a. The space between the side lines, that is, the
of county roads where, through omission or defect, bed of the easement, is exempt from taxation.
doubt exists as to the legal establishment or evidence The accuracy of the acreage exempt from
of establishment of a public road,5 where the location taxation is dependent on the accuracy of the
of the road cannot be accurately determined because determination of the width of the county
of numerous alterations to the roads there was a de- road.
fective survey of the road or adjacent property; or the
original survey of the road was lost or destroyed. b. The side lines, in some situations, will also be
the boundary of abutting realty. Consequent-
ORS 368.206 (Proceedings for legalization of roads; ly, the accuracy of the side lines of the county
report; notice) provides: (1) If proceedings for legal- road will affect the accuracy of the common
ization of a road are initiated under ORS 368.201, the boundaries of some parcels of land.
county governing body shall:
c. Although designed and prepared primarily
(a) Cause the road to be surveyed to determine the for assessment and taxation purposes where
location of the road and the width of the road accord- the locations of boundaries are more physi-
ing to: cal (according to the best information avail-
18-4
able) than legal, the cadastral maps will their roots in the dedicated streets of townsite and
be used by agencies of various political bod- subdivision plats.
ies for other purposes. When used for other
than assessment and taxation, the maps are Latourette v. County Court10
erroneously presumed to represent legal
elements, rather than physical elements This was an appeal from a judgment of the Circuit
established by record. Road locations and Court of Clackamas County, dismissing the plaintiffs
widths take on the official image and the petition for writ of review. The plaintiff appealed,
conclusions usually drawn are that the roads claiming numerous errors in the proceedings of the
and road information is legal and final. County Court (not the Circuit Court) for Clackamas
County for the purpose of altering a certain road in
4. In analyzing surveys of land including or abut- said county. The proceedings were initiated by reso-
ting the road, the cartographer has discovered lution of the county court as prescribed in Section
that there is a conflict between the surveys as to 4556, Oregon Laws. The resolution was adopted by
the width of the road. Some surveys show the the county court Sept. 2,1925, and designated Resolu-
road to be 40 feet wide, and some show it to be
tion No. 1224. The plaintiffs premises were affected
60 feet wide. There is no continuity in these con-
by the proposed alterations of said county road for
flicts that can be attributed to dates. That is, often
which he claimed damages of $2,500. The viewers
surveys executed in the same year, differ on the
allowed him only $300. The order approving the re-
width of the road.
port of the viewers and the establishing of the road
5. The county roadmaster thinks this is a 60-foot as altered was adopted by the county court by order
road, but can find nothing to substantiate the dated Jan. 6,1926. The Supreme Court said:
claim. The resolution for establishing the road
1, 2. The resolution provided for in Section 4556, Or.
does not include the proposed road width. The
L., must contain substantially the same statement of
road viewers report does not mention the width.
facts as a petition of freeholders for the same pur-
The field notes of the road does not contain the
pose, excepting the particulars noted in Section 4556.
proposed width.
The resolution, therefore, must contain a description of
6. The law in 1925, the 1889 Oregon law govern- the particular manner in which said road is to be altered,
ing road widths (as amended in 1915 and 1917) widened, straightened or relocated as the case may be, and
required 60-foot county roads. However, the the public necessity therefore. ) The petition under in-
county court was allowed to determine a differ- vestigation, so far as material to the determination of
ent width -anywhere between 30 feet and 80 feet- the instant case is as follows:
on the prayer of the petitioners. Consequently,
In the matter of altering, widening and straightening
the county road through sections 4, 5 and 6 could
the present traveled road, known as the Oregon City
be 60 feet or 40 feet.
Viola Road Nos. 304 and 289, to make it conform to
7. If the road was legally established as 40 feet, the the established survey of Market Road No. 20.
county cannot change the width to 60 feet unless
RESOLUTION NO. 1224.
it compensates the abutting owners for the tak-
ing of the additional land. Failure to do so would Whereas the County Court of Clackamas County
amount to an unlawful taking of private prop- has heretofore by appropriate order established Mar-
erty. However, making the assumption that it ket Road No. 20 and is now deemed proper to alter,
is 60 feet is not, in itself, unlawful. It would only straighten, widen and re-establish said road to make
be unlawful when the public or governing body it conform to the established survey of Market Road
began to exercise the right where the abutting No. 20, Oregon City-Viola Road.
owners had not been compensated for the taking
Whereas the altering, widening and re-establish-
of the additional land.
ment of said road, is a public necessity for the reason
At what width does the cartographer draw the road that large sums of money are being expended on the
on the cadastral map? This problem is so common it same, and the exact location and status of said road
is nearly predictable. It is the justification for concern should be on file for all time to come; that the County
over the subject of the widths of public ways. The ma- (county, state), hereby declare its intention to widen,
jority of road-width problems concern county roads. alter, straighten and re-establish what is usually
However, they are not confined to county roads. known as the Oregon City-Viola Road, to make the
Some of the more serious, complex problems are as- same in all respects to conform to the accepted survey
sociated with public way created by the operation of of said Oregon City-Viola Road, Market Road No. 20
prescription. A few problems over road widths have as follows.
18-5
Then follows a description of the road by describing D.C. Latourette. $300
the terminals, the general course and the names of Ed Leek. $50
the land owners to be affected. The resolution also di-
A description of the road as contained in the resolu-
rects the county surveyor-to post notices as required
tion is contained in the directions issued by the county
by law and that said resolution come on for hearing
clerk to said road viewers. the report of said county
on the seventh day of October, 1925. This resolution
viewers is not entitled in any road matter and contains
is duly signed, and the affidavit of D.T. Meldrum,
no description, except as set out above. there is con-
county surveyor of Clackamas County, shows that
tained in the return to the writ of review a document
four notices were posted: Three in the vicinity of
not entitled in any matter but headed as follows:
the road to be changed and one on the courthouse
bulletin board. Attached to the proof of notice is a Field Notes of Market Road No. 20
copy of the resolution which was posted. The copy
The same being the field notes of the survey of Reso-
shows that the names of the county judge and county
lution No. 1224, Clackamas County, Oregon. Located
commissioners appear at the foot of the resolution.
by the Board of County Road Viewers on the 14th day
The copy of the resolution was duly certified by the
of October, 1925.
county clerk. The resolution came on for hearing on
(10-7-1925), and is entitled, In the Matter of the Reso- Then follows the field notes to which is added the
lution of Market Road No. 20. At this time the court following certificate:
by order appointed D.T. Meldrum, county surveyor,
I hereby certify that the foregoing is a true and cor-
and A.H. Knight and R.A. Schuebel, disinterested
rect copy of the original field notes of Market Road
free holders of Clackamas County, viewers, and di-
No. 20, Clackamas County, Oregon, located by the
rected them to meet at the courthouse (10-15-1925),
Board of County Road Viewers on the 12th day of
at (9 AM),.to view, survey if necessary, lay out, relo-
October, 1925.
cate or change said road to be located, and to assess
and determine how much less valuable the premises (Sgd.) D.T. Meldrum,
through which the said road is located and set forth County Surveyor.
the same in their report, and to file said report in the
By reference to the excerpts from the resolution it
office of the county clerk on or before (10-24-25). The
will be seen that the description does not contain the
road viewers duly reported in conformity with said
particular manner in which the road is to be altered, wid-
order. Their report is dated October 14, 1925. The
ened, straightened or relocated, unless it is found in the
only reason for making the alterations and locating
first paragraph thereof, which reads as follows:
a road embodied in their report is in the following
language: Whereas the County Court of Clackamas County
has heretofore by appropriate order established Mar-
We, the undersigned Board of County Road View-
ket Road No. 20 and it is now deemed proper to alter,
ers, having been heretofore directed by an order of
straighten, widen and re-establish said road to make
this court, at its last regular term, to view, survey if
it conform to the established survey of Market Road
necessary, locate, relocate, alter or change said road
No. 20, Oregon City-Viola Road.
and report upon the practicability of a road in (T. 2 &
3 S. R. 2 & 3 E. W.M.), and to assess the damages sus- The record discloses, however, that on (9-2-1925),
tained by the lands through which said road passes, the survey of Market Road No. 20 had not been estab-
would respectfully report that we met at the place of lished. As shown above by the report of the viewers,
beginning of said road on (10-14-1925), and to pro- that survey was not made until (10-12-1925), a month
ceed to view, survey and locate the road as described and ten days after the adoption of the resolution by
in the petition heretofore filed herein. the County Court. This information appears not only
from the body of the field notes but also from the
We find such route practicable for a good wagon
certificate of the surveyor appearing at the foot of the
road, and that such road is of public necessity in that
field notes. There was then at the time said resolution
large sums of money are to be spent in the improve-
was adopted no established survey of Market Road
ment of said road and the exact location and status of
No. 20. How, then, could a property owner along the
the same should be definitely known. We therefore
road mentioned in the title to said Resolution No. 1224
do recommend that said road be established as a
inform himself of the manner in which the road was to
County Road.
be altered or changed, or how his property was likely
We find there will be damages to the premises to be affected by such alteration? The only notice given
through which said road is to be located; that said to property owners is a copy of said resolution posted
premises will be redered less valuable by reason of in four public places in the county. The purpose of re-
said location, and we assess the damages as follows: quiring copies of the resolution to be posted is to give
18-6
the land owners along the route of the proposed road 4. Another assigned error is that the resolution does
or road to be altered notice of the manner in which not prescribe the width of the road when widened as
such road or alteration will affect his premises. It is idle proposed by the resolution. The law prescribes that
to refer to an established survey for information when all roads shall be sixty feet wide, unless otherwise
no such survey has been made. The Resolution would ordered by the County Court. This provision must be
have been indefinite even if it had referred to a survey considered a part of the resolution unless a different width
mentioning the place where the description contained is specified therein. It would not confer jurisdiction on
in the survey could be seen and read. The writer is the County Court to alter the road so as to establish
inclined to the opinion that the description of the any different width:
proposed alteration of an established road should be The other errors are of a similar nature and from the
embodied in the resolution so that information would conclusions we have reached it is not necessary to fur-
be given directly to land owners in a way to convey to ther discuss them.
them a clear idea of the nature of the alterations which
would be likely to affect their land. But in any event Principle 98
such information should be on file or on record in a
public office to which the land owner has free access. Strict compliance should always be made with the
statute in road matters. It should ever be kept in mind
The only statement of the public necessity for the that the laying out of a road over private property is tak-
alterations and relocation is contained in the following that property against the will of the owner and that
ing language: it cannot be taken even by the state, except by strictly
pursuing the procedure prescribed by statute for that
Whereas the altering, widening and re-establish-
purpose.
ing of said road, is a public necessity for the reason
that large sums of money are being-expended on Because the resolution does not describe the pro-
the same, and exact location and status of said road posed alterations of the road mentioned therein, nor
should be on file for all time to come. refer to any record where a correct description could
This description is hardly a description of a public examined by any persons interested, and fails to state
necessity. If the alignment of the road is sufficient, if any public necessity for the proposed alterations the
the grades of the road are practicable, if the ground County Court never acquired jurisdiction to make the
occupied by the road is capable of becoming a firm alterations proposed. . . .
roadbed, the fact that large sums of money are to be The Supreme Court reversed the judgment of the
expended would not describe a public necessity for circuit court, and the case was remanded, with direc-
alterations. The petition should have stated what tions to sustain the writ and annul the proceedings of
constitutes a public necessity for alterations and the circuit court.
relocation. . . . (The court elaborated here on the in-
sufficiency of expenditure of large sums of money Sweet et al v. Irrigation Canal Co.s
as describing a public necessity for alterations.) Large
expenditure of money-is not a public necessity for The central issue in this case was an open irrigation ditch
changing location of a road. which interfered with the plaintiffs right of ingress to
and egress from their land which abutted a county road.
3. Other alleged errors are assigned in plaintiffs The ditch was found to be within the right of way, and
brief, many of which are well taken but we believe consequently constituted misuser. That element of the
are not jurisdictional. One of the other assigned er- case was discussed in the section of this publication on
rors was that the directions to the viewers required Lawful and Unlawful Uses of Public Ways.
them to meet at the courthouse at 9 oclock on a cer-
The width of the road was considered by the Supreme
tain day. Instead of following the directions, their re- Court, and the courts remarks concerning that ele-
port shows that they met at the beginning of the road ment will be discussed here.
to be altered which was not at the courthouse. While
we adhere to the former decisions of this court requir- The plaintiffs acquired their land by warranty deed
ing strict compliance with the statute in road matters, dated June 13, 1945, executed by Bernard W. Wise
yet where jurisdiction has attached by proper peti- and wife containing the following description of the
tions or the adoption of the proper resolution and the premises conveyed:
required notice is given, mere irregularities will not be Beginning at the (SE) corner of Lot 1 of Block 73
sufficient to reverse the order of the County Court estab- in Riverside Addition to La Grande, (county, state),
lishing a road, unless it clearly appears from the record that and running thence (N. 88 degrees 49 W) along the
grave injustice has been done to an interested party. 12 north line of the alley in said block a distance of 200
18-7
feet to the north line of the old county road; (th) fol- Figure 4-25, from the court report, illustrates the lo-
lowing the north line of said old county road (N 68 cus in quo except it does not show the beginning point
degrees 23W) 189.45 feet to a point 592.42 feet north in the plaintiffs deed description, and shows only a
and 1320.0 feet west of the (SE) comer of (SW 1/4) part of the first course. The small circle marked I.P.
of section 31, in (T2S, R38E. W.M.); (th) continuing near the circled 73 at the right-hand side of the map
along the north line of said county road (N 70 de- indicates an iron pipe placed there by S.B. Morgan,
grees 43W), 333 feet; (th) (N. 30 degrees 34W) 150.2 county engineer, roadmaster and Union County sur-
feet; (th) (N. 1 degree 11 W) 47.24 feet to the center veyor, in April 1946, when he surveyed the premises.
of the channel of Grande Ronde River (th) (N. 70 de- This pipe marks the change from the first course to
grees 54E) along said river channel, 475.0 feet; (th) the second one, to wit, thence following the north
(S 1 degree 11 E) 163.00 feet; (th) (S 89 degrees 22 E) line of said old county road (N 68 degrees 23W)
138.2 feet; (th) (S 45 degrees 21 E) 87.7 feet; (th) (S 79 189.45 feet, etc.
degrees 59E) 111.0 feet; (th) (S 1 degree 11 E) 270.5
feet to the place of beginning. Southwesterly from the plaintiffs land, and roughly
paralleling it for a distance of 500 feet or more, is the
Containing 5.30 acres, more or less, and situated in right of way of the Union Pacific Railway. The right of
the SE 1/4 of SW 1/4 and in the SW 1/4 of SW 1/4 of way widens as it approaches the city of La Grande to
section 31, (T2S, R38E, W.M.) the east, bringing its northeasterly line 20 feet nearer
Being the same premises conveyed by L.J. Walls to the plaintiffs southwesterly property line. Dis-
and Millie Walls, his wife, to Bernard W. Wise and tances between the parallel lines of plaintiffs prop-
Nancy G. Wise, his wife, by deed dated October 22nd, erty and right of way vary from about 65 to 100 feet.
1942. In 1894, proceedings were started to establish a
In addition to that deed, there were in the record the county road from the south end of the Orodell Bridge
following instruments: Deed from Grande Ronde running southeasterly along the north side of the
Meat Company to Elizabeth Bushnell dated Dec. 2, right of way of the Oregon Railway and Navigation
1935; deed from E.N. Bushnell to L.J. Walls, et ux, Company (now the UPRR) to La Grandes west city
dated April 23, 1941; deed from L.J. Walls and wife limits at a definitely located point. The road was
to Bernard W. Wise and wife dated Oct. 22, 1942. All about one-half mile long. It would have run between
these are warranty deeds. There was also in evidence the railroad right of way and the plaintiffs land. It
a quitclaim deed from F.A. Epling and wife to W.H. was practically conceded that the proceedings were
Sweet and wife dated June 13, 1946, the date of the ineffectual to establish a road because of defects. But
deed executed by Bernard W. Wise and wife to the the plaintiffs claimed that the road was established by
plaintiffs. These deeds were in the chain of title of prescription under color of title of the void proceed-
the premises in question, and all describe the land as ings and to the full statutory width of 60 feet, and that
bounded on the south by the old county road, with the ex- the exterior northeasterly line was the southwesterly
ception of the quitclaim deed from the Eplings to the line of the plaintiffs land. The defendant did not
plaintiffs, which contains as a part of the description deny the existence of the road. The evidence showed,
the following: without contradiction, that for many years in excess
of the prescriptive period (noted by the court as 10
Beginning at a point on the North line of the old years in Oregon by subsection 1-202, OCLA), the
county road 592.42 feet north of the (SE) comer of road, leading from the Orodell Bridge and passing
(SW 1/4 SW 1/4) of section 31, in (T2S, R38E., W.M.); between the plaintiffs property and the railroad
thence along the north line of said old county road right of way, had been used by the general public
(N. 70 degrees 43W) a distance of 333 feet. and improved and kept up by the county. The court
By reference to the description in the deed from Wise noted that the width of the highway so used and
and wife to the plaintiffs it could be seen that, begin- improvedthe graveled portionis approximately
ning at the southeast corner of block 73 in Riverside 25 feet. It is designated County Road on the map,
Addition to La Grande, the southerly line of the tract between the broken lines which indicate the exte-
runs west 200 feet to the north line of the old county rior boundaries of the improved highway. The north-
road. Then it followed the line of the old county road easterly boundary of the graveled portion at no place
in a general northeasterly direction a distance of touches the southwesterly line of plaintiffs land, but
672.25 feet, then north 47.24 feet to the center of the is south of it, the distance varying from 25 to 30 feet.
Grande Ronde River. A bridge known as the Orodell Defendants irrigation ditch, which was constructed
Bridge spanned the river near the west line of the in 1937 under circumstances to be later detailed, is lo-
plaintiffs property. The distance from the middle of cated in this strip between the plaintiffs land and the
the bridge to the plaintiffs line was 30 feet. road as improved and used. It was the defendants
18-8
18-9
position that such user determined the width of the road. the report of the viewers and surveyor, and directing
The Supreme Court held: that the report be approved and adopted by the court,
that the proposed road be declared a public-highway
1. The contention that its width may be determined
of Union County, Oregon, and ordered opened up
by reference to ineffectual proceedings for the loca-
and placed in repair for travel according to law. It
tion of a road may be at once laid out of view.
was further ordered that the report of the viewers
Principle 99 be placed on record, and that the surveyors plat of
the proposed road and his field notes of the survey
It is true that ineffectual proceedings are evidence of thereof be placed on record. If these things were ever
color of title, and that a subsequent user by the public of done, the evidence does not so disclose, and there is
the road attempted to be located, for the statutory pe- no way to determine the exterior limits of the road at-
riod, if begun and continued with reference to the pro- tempted to be established. Hence, under the decision
ceedings of the county court, is proof of a legal highway, in the Bayard case, the proceedings do not evidence
the full width designated in such proceedings.18 of color of title and are no basis for application of the
rule invoked by the plaintiffs.
But as stated in Bayard v. Standard Oil Co, supra:
3. The question, however, is one of fact,19 and there is
... Colorable title forms the basis upon which a additional evidence bearing upon it which must now
prescriptive right to the full width of the defined be considered.
limits is founded. The next step in logical course of
establishment is an entry and a user with reference As already stated, five deeds conveying all or a part
to it, and, when this has been continuous and unin- of the plaintiffs land indicate that its southwesterly
terrupted and adverse for the statutory period, then boundary is the county road. The evidence shows
has the right ripened into a valid title in the public. It that for more than 25 years a fence has been main-
would be fallacious reasoning, therefore, to indulge tained along the southwesterly line in approximately
a presumption that a road as actually worked and the same position as the present fence, which is on
used by the public was within and upon the way as the southwesterly line as surveyed by the witness
attempted to be located, and thence to conclude that Morgan. It is a fair inference from the evidence that
its width must be measured by that designated in the both the county officials and the officers of the defen-
void proceedings. It must be proven that the road as dant company considered that the land on which the
used falls within the colorable title, and, when this irrigation ditch is located is a part of the county road.
is done, the other condition follows; that is, the pos- Before April, 1937, the defendants irrigation ditch ex-
session is extended constructively to the entire designated tended from the Grande Ronde River about a quarter
width, or occupancy of apart is then equivalent to an oc- of a mile easterly from the Orodell Bridge, and thence
cupancy of the whole. through the city of La Grande to the lands to which
the company supplied irrigation.
Principle 100 Lowering of the river made it necessary to move the
Where the highway as used runs without the exterior point of intake to its present location slightly west of
lines of that as surveyed and attempted to be located the Orodell Bridge. Certain arrangements with the
and established by lawful authority, the width must then city, not material here, were made for moving the
be determined by the rule that possession is extended ditch, and a permit was obtained from the county
constructively to the entire designated width, or occu- court...
pancy of a part is then equivalent to an occupancy of The permit, in part, was quoted in the court report.20
the whole; and the ineffectual proceedings can have no It was not disputed that the location of the ditch, de-
bearing whatever upon the subject. Of course possession scribed in the permit, was somewhere between the
must meet the requirements for prescription to operate. UPRR right of way and the plaintiffs southwesterly
line. The defendant pleaded the permit was consent
2. As the evidence in the Bayard case failed to given by the county for the maintenance of its ditch
show that the road, as used at the particular point
in the county road if any part of said road is inside of
involved, was within the exterior limits of the road as
defendants right of way. But the court said:
attempted to be laid out at that point, it was held that
the ineffectual record was not pertinent or competent We think that the evidence shows that defendant
and should not have been allowed to go to the jury. relied on the permit as its authority for locating the
In the present case the record of the proceedings for ditch where it is. In reading the testimony to which
the location of a road consists only of the petition and we shall refer, it should be borne in mind that the
the order of the county court setting forth a copy of witnesses, in using such expressions as alongside the
18-10
road and between the road and the fence were obvi- Q: Yes.
ously referring to the improved portion of the road.
A: Well, to my mind there is no question but what
Royal Frank Tyler, a director of the defendant com- they owned it at the time Mr. Sweet bought it.
pany, who represented it in the negotiations with the
Q: You didnt claim any right of ownership when
county court respecting the relocation of the ditch,
you first put the ditch there, did you? You just
gave a pretrial deposition in which, while he would
claimed permission from the County, which you had?
not admit that he intended to put the ditch in the
Isnt that correct?
county road, he did testify as follows: (In the follow-
ing, Q denotes questions, A denotes the answer of A: Well, that, I suppose; and the arrangements we
response to the questions.) made with Mr. Bushnell to fill a hole up.
Q: You talked to the County Commissioners with Q: But you didnt have any arrangements with Mr.
reference to permission to put your ditch along the Bushnell that any part of that ditch was to be on his
road? land, did you?
A: Yes, sir. A: As I say, there was nothing at the time said about
it. The stakes was there, and he knew where we was
Q: You did get permission to put the ditch along the running it.
road, did you not?
Q: When you put that ditch along the road there,
A: Well, we got permission to cross the road, and you relied on permission from the County for your
as Mr. Cochran states, there was a contract drawn right to put it there, didnt you?
up with the County, that we should put a permanent
crossing across the road. A: Not entirely, because we asked Mr. Bushnell
about it.
Q: You didnt intend to go on anybodys land with-
out permission, did you, Frank? Q: What did you ask Mr. Bushnell?
A: Sir? A: We talked it over with him, the three directors,

and, I think, Si Perkins was up there, and several
Q: You didnt intend to put the ditch on anybodys others; and he said it was perfectly satisfactory if we
land without permission, did you? would put the dirt in that hole and fill the hole up for
A: Well, a bunch of us went up and looked the him.
ground over, there, and said it seemed to be an extra On the trial Mr. Tyler gave the following testimony:
wide road, and we could put it on the side next to
Bushnells land (referring to the then owner of plain- Q: Now then, did you take up the matter with the
tiffs land). County Court relative to crossing the road?
Q: There was plenty of room for it alongside the A: Yes, sir.

road? Q: And in accordance with your interviews with
A: Yes. them, did the County Court view the premises out
there?
Q: And that would avoid the necessity of going
upon private land, wouldnt it? A: Yes, sir.
A: Yes, sir. Q: And with reference to the part of the ditch that
crossed the road, was the County Surveyor, Mr. Mor-
Q: It was your intention to avoid going on private gan, also present?
land down there, wasnt it, along the road?
A: No; it wasnt Mr. Morgan. It was Mr. McLean for
A: The only private land we knew we was going the County? Yes.
on was what we bought from Mr. Carter. (The last
Q: Mr. McLean made the survey? A: Yes.
answer refers to a right of way for its ditch which the
defendant purchased from Carter, who owned land
which lies west of the county road and extends from
Q: Now then, was there anything said by the Coun-
the river south to the railroad.)
ty Court as to the location of the ditch after it crossed
Q: (Mr. Cater) Does the Irrigation Canal Company the road?
claim to own that land where the ditch is, alongside
A: Well the sticks were all set when they were out
the road there, Frank?
looking it over, and the agreement was that we was to
A: Do they claim to own it? tile it across the county road, and the sticks were down
18-11
the side of the county road, and they said that was O.K. Q: I would like an answer to my question.
with them.
A: Well, as was stated there, it never come up
Q: Now then, after crossing the road, and on the whether that was, but it was the supposition prob-
east side of the road, did you learn who owned that ably that it was, as I testified before, but the question
property in there? of the boundary never come up, outside of what I
A: We didnt learn definitely no. I know I spoke have stated before.
about it, that the property was off of the graveled Q: (Mr. Cater) Mr. Tyler, when you came through
road, or the road that was used, and looked more like Mr. Carters land, did you get permission?
a lawn than anything else and I didnt see why the
ditch should bother the road. A: Yes, sir. I didnt. I think Mr. Perkins was on the
ditch at that time, and he made the arrangements
Q: Whose property was that there? with Carter.
A: There was nothing said by anyone at any time
Q: Did you get anything in writing from him?
about whose property it was.
A: I didnt. I think there was a deed made to the
Q: Before getting the ditch finished, did you consult
ditch company for it.
someone with regard to that property?
4. The witness Morgan, who had been county engi-
A: I talked with Mr. and Mrs. Bushnell.
neer for the Union County since 1922 and was also
Q: E.N. Bushnell? county surveyor and roadmaster, and who made the
A: Yes. survey of the plaintiffs land in April, 1946, as well
as a map thereof which is in evidence, testified with
Q: The father and mother of Alfred J. Bushnell, who reference to the southwesterly line of the property:
was just on the stand? When I made the survey, it was my endeavor to run
A: Yes. And as a courtesy, more than anything else I that portion of the line as near as I could determine
believe, and asked them if they objected to this ditch on the edge of the county road right of way or the edge of
running along their property there; and they immedi- the road right of way I should say. The line which he
ately replied no, If you will fill this hole up on our so ran was the line on which the plaintiffs fence is
ground, we are perfectly pleased with it. We was located. Moreover, the description which he prepared
anxious to have a place to dump the dirt, and so we for the deed from Wise and wife to the plaintiffs con-
immediately told them we would be glad to do that, cludes; Being the same premises conveyed by L.J.
because we wanted a place to put the dirt. Walls and Millie Walls, his wife, to Bernard W. Wise
Q: (Mr. Cater) When the ditch was placed there, and Nancy G. Wise, his wife, by deed dated October
and you were making the arrangements you have 22nd, 1942.The Walls deed describes the property as
mentioned, Mr. Tyler, you supposed that the fence bounded ... on the south by old county road. While
which was there, and still in the same place, you such a reference does not render it conclusive that
supposed that the fence was the boundary of Mr. it was the intention of the grantor to convey all the
Bushnells land, didnt you? premises included in the former deed,21 yet there is
nothing in this record to indicate that the reference
A: As I said before, I remember very definitely tell-
did not mean exactly what it said.
ing the County Court this road was extra wide there
and seemed to be a boulevard on the side, and it At the time of the ineffectual proceedings for loca-
didnt seem there should be any objection to the road tion of the road, and for many years thereafter during
to have the ditch down there. the period of use of the road by the public the statute
Q: In the road? provided: All county roads shall be sixty feet in width,
unless the county court shall, upon the prayer of the peti-
A: Down on the boulevard. We didnt put it on the tioners for the same, determine on a different width.
road. The graded road was put to the side of it. That
is what I told them. They immediately said You are Until 1931 the standard width of 60 feet continued
probably right. It is alright with us. And Bushnell in effect, though changes were made in the maximum
said Fill that hole there and it would be all right and minimum widths allowable upon prayer of the
to put it there. There was nothing said at the time petitioners.23 By Chapter 326, Oregon Laws 1931, the
whether it was a road or a boulevard, outside of the county court was given discretion to fix the width,
fact I mentioned it that way. The road was extra wide which must be not less than 30 feet; and ever since
and I didnt see that the ditch would interfere with then the county court has had this power with certain
the road at all. changes respecting the minimum width allowable.24
18-12
5, 6. The factors to be taken into consideration in Principle 102
determining the width of a highway established by
prescription were thus delineated in the opinion in the The usual width of highways in the locality is a pertinent
Bayard, supra, case: factor.33
... As a general rule, when the highway depends solely, ...Declarations of the owner of the land over which
for its establishment upon adverse and continuous user by the road runs, or of the public authorities, tending to
the general public, its width and extent of servitude are show that it is or is not a highway, are admissible as
measured and determined by the character and extent of the are also acts of public authorities in working or oth-
user, for the easement cannot, upon principle or authority, erwise recognizing the highway, in allowing a road
be broader than user.25 Other conditions, however, may be tax to be worked out on the road in question, or in
effective to extend the exterior limits beyond the thread or refusing to assess the land for taxation. Evidence may be
course of actual travel, as where inclosures may have been given that it is the general understanding in the com-
munity that the locus in quo is a highway. 34
permanently maintained by persons affected with reference
to the highway, or the use is referable to a survey and plat 12. The evidence in this case presents a number of
recognized and adopted by owners of lands over which the relevant facts which convince us that the county road
way extends, or was under color of ineffectual proceedings and southwesterly boundary of plaintiffs land are
to establish a legal road under the statute.26 Even where the contiguous. These facts include deeds so describing
highway is founded solely upon user, its width or extent of the property, the maintenance of the line fence for
servitude is usually a question of fact for the jury. It would so many years, and the fact that the standard width
of a county road was 60 feet. In addition the county
seem that it ought not, where the topography of the locality
court, in its dealings with the defendant, asserted its
will permit, to be confined exclusively to the beaten track
jurisdiction over the way in dispute and the defen-
or thread of actual travel, because of the exigency that ex-
dant recognized its authority in that regard. Before
perience has shown for the passing and repassing of those the defendant built its ditch on the property of Mr.
in the use of it. 27 Carter it bought a right of way from him and received
7. In City of Newberg v. Kienle2B this court approved a deed to it. It did not even inquire, however, as to the
the following from Washington Borough v. Steiner:29 ownership of the land lying between the plaintiffs
fence and improved portion of the road, but evidently
Where the right to a public highway is acquired by assumed that it was public property, and, so believing,
adverse user, an important element in determining the asked permission of the county authorities to locate its
width thereof is the recognition of the limits of the way by ditch there.
the owners whose lands front thereon, as indicated by the
(Note: This is one of the points that was sought by
monuments and fences which they themselves place upon the line of questioning in the testimony quoted. If
the ground, and the lines which they fix for the same in the defendant honestly believed it was constructing
making conveyances of their property. 30 the ditch outside of, and abutting the county road,
And the court cited Elliott: as it claimed, then it must have concluded the ditch
would be constructed on private land. And if this
... A deed between third parties referring to the way has was the defendants conclusion, then it would be jus-
likewise been held competent upon the question of the lo- tifiable to expect it to have purchased a right of way
cation and existence of the way, as a matter of public and from the plaintiff, just as it did when it planned to
general interest upon which reputation is admissible. 31 construct the ditch across the land of Carter.)
This permission was granted both orally, and, as
Principle 101 we think, by the written consent which is in evi-
The erection of a fence or wall as a permanent structure dence. We do not accept the witness Tylers version
of the arrangement for disposal of the dirt excavated
along the side of a wrought road is more probably than
from the ditch (Note: although in all probability the
not intended to mark the line separating highway use
underlying fee in the road was in the plaintiffs-not
from private occupancy and possession, in the absence at issue in this case-and consequently, the plaintiffs
of evidence that it was not thus intended. As physical were entitled to the dirt.) It is quite different from that
barriers such structures, especially stone walls apparent- given by another witness, Alfred J. Bushnell, who
ly designed as permanent boundaries, normally denote was called by the defendant to testify on this subject.
separation and distinction of use, and are notice of the He was present when the arrangement was made,
line to which use is made.32 and testified that there was a big hole on his fathers
land, that the representatives of the defendant asked
8-11. (Principle 102). permission to put the dirt in the hole, that this was
18-13
considered to be a favor to both of us-that is, to his 24. (See Principle 103, as follows:)
father and the defendant-and that neither he nor his
father gave anything for the dirt. We think this testi- Principle 103
mony is to be preferred to Tylers, not only because it
comes from a disinterested source, but also because The word along is, defined in Funk & Wagnalls Diction-
it is more reasonable and probable, since the defen- ary as At points extending through or over the length (of
dant knew how to obtain a right of way over private anything); by the side; near. The meaning of the word
property, and, moreover, in its own view of the mat- must be determined from the context, and it does not
ter, had already acquired from the county all the legal necessarily imply contact.37
authority to build its ditch that it needed. That being
so, why should it have bargained with Bushnell for For a portion of its length opposite the plaintiffs
a right of way? We think the agreement was simply property the railroad right of way is 60 feet in width.
one under which the defendant got rid of the dirt and It then widens out to be 100 feet, and the north line
Bushnell got the hole in his land filled. becomes 20 feet closer to plaintiffs land (20 feet addi-
tional on each side of the center line) than is the case
Our conclusion from the evidence is that defendants ditch
with the remainder of the right of way to the west.
is in the county road and that plaintiffs land adjoins the
According to the testimony of the witness Mclain,
county road. They are, therefore, abutting owners with the
an engineer who prepared two of the maps in evi-
right of access to the highway, which is cut off as long as de-
dence, this additional 20 feet was bought after, in
fendant maintains its irrigation ditch as an open ditch. 35
later years. He did not state when it was bought, and
The remainder of the case settled other issues unre- there is nothing to indicate whether it was before or
lated to the width of the county road, and are dis- after the abortive proceedings were commenced. But,
cussed elsewhere in this publication. The ditch was whatever may be the fact about that, it is unreason-
held to be a public nuisance and the Irrigation Canal able to suppose that the petitioners intended the road
Company was required to provide access across the to adjoin the (r/w) as it is now because the line of the
ditch so the plaintiffs were provided a means of road would have then proceeded in a southeasterly
ingress to and egress from their abutting land. In a direction along the railroad right of way some 300 or
petition for rehearing,36 the court noted that there was 400 feet, then turn at left angles to the northeast for
nothing that it had not considered and discussed, ex- a distance of 20 feet, and then, turning again at right
cept a contention that, to quote from the brief: angles, continue in a southeasterly direction. It would
The Courts opinion gives a road 80 feet wide be equally unreasonable to say that, if the railroad
without any proof of such a road being necessary of right of way at the time of the attempted establish-
required. ment of the road was 60 feet in width throughout its
entire length, a county road was established which
The court responded:
adjoins the railroads right of way because, if that be
This assertion is based on what, in our opinion, the case, it would follow that the railroad company
is an unwarranted assumption that the southerly is now occupying 20 feet of the county road. We con-
boundary of the road is the northerly boundary of clude, therefore, that the words along the north side of the
the (UPRR) right of way, and that assumption in right of way in this instance mean near the right of way.
turn derives from the description in the ineffectual
proceedings to establish a road. For reasons which it Moreover, the boundary of the road, had one been
is unnecessary to repeat we rejected the plaintiffs con- established pursuant to the ineffectual proceedings,
tention that the width of the road could be determined by would not necessarily have been the exact line re-
reference to those proceedings. That being so, we were ferred to the petition for the viewers, had there been
unable to see how they can have evidentiary value any, might have made reasonable deviations so long
for any purpose. Assuming, however, that resort may as they stayed within the course specified in the peti-
be had to the proceedings for the purpose suggested tion.38 But since there were no viewers and the pro-
by counsel, we will consider counsels contention ceedings were without legal effect for any purpose,
that the description in the petition fixes the southerly the entire discussion would seem purely academic.
boundary of the road. The petition describes a pro- Our holding is that the road is 60 feet in width, its
posed road as running along the north side of the northerly boundary being contiguous with the south-
right of way of the (O.R. & N.) Company. This, it is
erly boundary of plaintiffs land.
said, means the road was to be contiguous with the
North boundary of the right of way. But this is not nec- We are not persuaded that we should change the
essarily so, and in this instance the construction suggested views of this case heretofore expressed, and the peti-
would be unreasonable. tion is therefore denied.39
18-14
Miscellaneous Rules and the claim. This street was platted and dedicated to
the width of 53 feet to 60 feet; the variation being
Principles of Law-Road Widths due to the fact that the west line of the claim did not
The case of Huggett et ux v. Moran et ux40 was a suit coincide with the line of the street. (Note: Apparently,
to rescind a contract for purchase of real property this meant the two lines were not parallel.)
on grounds of alleged false representations by the In 1891 University Addition to Eugene was platted
defendant that the road leading to the property was a with the east line the same as the West line of Fair-
county road. The court considered the possibility that mount (Note: apparently meaning the two additions
the road was under jurisdiction of the county by ad- abutted one another), and the plat shows the street
verse user by the public and continued maintenance 90 feet wide from the east line of Agate Avenue. This
by the county. The case is discussed and quoted in would take 53 feet to 60 feet east of the claim line and
detail in the section of this publication on Public 30 to 37 feet on the west of the claim line to make the
Ways by Prescription. The rule announced by the width dedicated.
court regarding the width of a way established by
prescription is: In 1892 the owners of Fairmount Addition filed an
amended plat, subdividing some of the lots. This
Principle 104 plat shows the west line of the lots facing on Agate
Avenue, 11 (eleven) feet farther west than the first, in
Whenever a statute prescribes the minimum width of order to correct an error in the first plat and to con-
public roads to be established in the future, and a public form to the stakes set in the ground marking that line
road is established by prescription, the width thereof is of the lots.
the minimum necessary to the establishment of a legal
In 1895 all that part of University Addition south of
road in absence of a taking of a greater amount. 41
15th Street was ordered vacated by the County Court
of Lane County. Thereafter the owners of University
But in Silverton v. Brown42 the court supplied this
Addition instituted a suit in the Circuit Court to quiet
advice:
title to this tract of 34 acres, and to register the same
under the Torrens Registration Act. After due service
Principle 105
and publication of notice a decree was rendered in
While it is a general rule that the width of a highway effect quieting the title and ordering the same regis-
established entirely by user is limited to the ground tered. After this the title to the tract was acquired by
actually used, the question is usually for the jury, giving the Board of Regents of the University of Oregon. This
a proper consideration to the circumstances and condi- tract embraced all the land which was formerly a part
tions attending the same. 43 of University Addition, from the south line of 15th
Street to 18th Street. Both of the additions mentioned,
For information on determining the width of a dedi- were outside of the limits of the City of Eugene, and
cated waterfront street, refer back to the case of were not within the boundaries of any municipality,
Parrish v. Stephens, supra, cited in its entirety in this until the limits of the City of Eugene were extended
publication. by an act of the legislature in 1903, after which a por-
tion of what was formerly University Addition, south
City of Eugene v. Garrett44 of 18th Street, was platted as Gross Addition, and the
plat was accepted by the city and duly recorded. In
(Width of a street created by abutting subdivision) 1908 the city council of Eugene passed an ordinance
providing for the improvement of Agate Avenue. The
This was a suit to establish the right of the City of
centerline of the improvement was declared to be 10
Eugene to a street known as Agate Avenue. The facts
feet east of the claim line above referred to. The street
as set out in the Supreme Court report are:
was then improved by grading 40 feet in width, with
In 1890 Fairmount, Lane County, Oregon, was a high grade of macadam 16 feet in the center, of a
platted into lots and blocks with streets and alleys. 70 foot street. Wooden sidewalks were constructed
It was located some distance beyond the limits of the along the west side of the 70 foot line for a portion
City of Eugene as the same then existed. The addition of the distance north of 15th Street, and some shade
was embraced within the limits of the donation land trees were planted which are now about twelve feet
claim of William Smith and wife, with the west line of high. Gutters and drains were arranged to conform to
the claim as the west line of Fairmount. The street on this proposed line, and the plumbing of the property
the west side was designated as Agate Avenue, and owners was connected with the sewers. By an agree-
extended from the Oregon & C.R.R. right of way on ment with the Board of Regents of the University the
the north to the south side of the platted portion of use of a sufficient area to make a 70 foot street along
18-15
the 34 acre tract was obtained, and the fence on the part thereof to be so vacated. The passage of the ordi-
east side of the tract was adjusted to this line agreed nance for the partial improvement of Agate Avenue and
upon. fixing the center line of the street, without the required
petition or consent, could not have the effect of vacating a
In 1914 the property owners along Agate Avenue
portion of the street. The municipal authorities have no
petitioned the city council to take formal action to
right to sell or dispose o f streets or alleys dedicated
definitely determine the lines of the street. An ordinance
to the public except in the manner provided by law.45
was passed by the council declaring the street to be 70
It is contended on behalf of the defendants that the
feet in width and vacating the remaining portion. This
city is estopped from claiming a street 90 feet wide,
ordinance, however, was vetoed by the mayor and
for the reason it has never used any portion of the
never became effective. Therefore it cannot be further
street outside of the 70foot line, and has by its acts led
considered in connection with this case. This suit was the property owners to improve their property to that
instituted by the direction of the city officials to quiet line. It is not usually expected that a city will improve
title to the street to the width of 90 feet, as formerly dedi- all of its streets at one time. It may also, if necessity
cated. requires, with the same propriety grade a portion of
The Circuit Court of Lane County passed a decree a street. When this street is permanently improved or
establishing the line of the street as prayed for (90 paved, the work already done will not be lost. The
feet) in the complaint, and the answering defendants evidence in this case does not disclose acts done by
appealed. Mr. Justice Bean delivered the following the adjoining proprietors which indicate that they,
opinion for the Supreme Court: in good faith, have claimed a part of the highway as
their own property, or have expended money on the
1, 2. We shall first consider that part of Agate Av- faith of such a claim by adjusting their property to the
enue not adjacent to the University tract. The request highway as they claim it to be, so that such private
to establish a seventy-foot street and vacate the re- rights are of more persuasive force than those of the
mainder thereof came principally from the property public. In other words the city is not estopped by its
owners on the west side of the street and north of the acts from asserting its rights to the full width of this
University tract. Prior to 1909 this street had been part of the street, under the rule adopted in this state
used but little._ It was then graded to the width of ... 46
40 feet with macadam in the center of the grade 16
feet in width. Sidewalks were constructed for a por- 3, 4. As to the portion of Agate Avenue between
tion of the distance on the west side and some five or 15th Street and 18th Street, along the east side of the
six dwelling houses were built and some of the lots University tract a different situation is presented. It
graded and adorned with shrubbery with a view to should be remembered that in 1895 upon the peti-
conforming to the proposed 70 foot street. None of tion of the owners of University Addition the County
the houses were built within the 90-foot street line but Court of Lane County ordered vacated all that part
some of them are near that line. It appears from the of the streets and alleys of the addition south of the
evidence, taking into consideration all of the proceed- south line of 15th Street as designated upon the plat.
ings relating thereto, that it was proposed by some of This affected the 34 acre tract. The order was acted
the city officials, and desired by some of the property upon. Thereafter the owners of the tract instituted
owners, that a 70-foot street should be established. proceedings in the Circuit Court for the purpose of
This was never done. Most of the lot owners who quieting the title to the tract and registering the same.
made improvements on the west side of the street After due service and publication of notice a decree
knew that no portion of the 90-foot street had ever was passed adjudging the Lane County investment
been vacated. All of them could, with reasonable dili- Company a corporation to be the owner in fee simple
gence, have obtained such information. This is shown and in possession of said tract; and that no other
and recognized by their petition to the city council to person or corporation had any interest or claim of
vacate a portion of the street and establish the same any kind to said land; and confirming such title, and
seventy feet wide, as proposed by the ordinance ordering the same registered as provided by the stat-
ute. After this the 34 acre tract, extending to the east
which was vetoed by the mayor. Plainly expressed,
line of the Fielding McMurray D.L.C. was conveyed
these lot owners took chances on the street being
to the Board of Regents of the (U of 0) for university
narrowed. Their request in this respect was denied.
purposes.
Subdivision 36 of the charter of the city of Eugene,
Special Law of Oregon, 1905, page 254, empowers the It is contended on behalf of the city that the County
city council to provide for the vacation of any street Court was without jurisdiction to order a vacation of
or alley, upon the petition or with the consent of not the streets and alleys for the reason that the petition
less than three-fourths of the owners of the property therefore did not state that University Addition was
adjoining or abutting upon suchh street or alley or not within the limits of any incorporated city or town,
18-16
and did not show that the addition was outside the for the use of the public is in duty bound to remove all
boundaries of the City of Eugene, in order to conform obstructions and encroachments which materially disturb
to the requirements of Sections 3276 or 3284, L.O.L. the public user. Any course may be adopted which is
The city limits were then fixed by the legislative char- consistent with fundamental law and is adequate and
ter of Eugene, and the County Court could take judi- best adapted to effect the desired result and protect
cial notice of the same and also of the public survey of the rights of the public in the street 51 An unauthor-
the D.L.C. which was named upon the plat recorded ized obstruction of a public highway is a nuisance 52
and referred to in the petition. However, this may The application of Section 341, L.O.L., providing for
be we do not deem it necessary to decide as to the the abatement of a nuisance, or a summary removal,
force of the order of vacation of the County -Court. might not be appropriate in a case of this kind, where
The decree of the Circuit Court precludes the city there is a difference of opinion between city officials
authorities from establishing Agate Avenue as 90 feet and some dispute between lot owners and the city.
in width, along the east side of the University tract, The remedy provided by the section of the Code for
so as to appropriate a portion of the land belonging nuisances is not conclusive; but whenever a nuisance
to the state. The Board of Regents relied upon the will cause irreparable damage or require numerous
title to the 34 acre tract according to the decree of the actions equity has concurrent jurisdiction with courts
Circuit Court as they had a right to do. Equity does of law and will enjoin continuance of the objection-
not demand that the title to the streets and alleys in able conditions. In legal effect the encroachments
that part of what was formerly University Addition upon the street in question, or trespass upon the
should be disturbed, at the suit of a political division easement, constitute a purpresture or public nui-
of the state. Such claim is not in harmony with the sance. One of the earliest recognized forms of public
agreement made by city officials and the Board of nuisance with which equity has interfered is that of
Regents, as mentioned above. purpresture. The jurisdiction of equity in cases of pur-
presture, as well as of public nuisance, generally rests
The decree of the lower court will be modified so as in the necessity of preventing mischief and avoiding
to exclude from the declaration of a street 90 feet in vexatious litigation. This remedy is more efficacious
width, all that portion of Agate Avenue over the Uni- than that at law .54 We therefore feel safe in holding
versity Tract between 15th Street and 18th Street and that equitable jurisdiction in this case is founded
affirmed as to the remainder of the decree. upon solid grounds.
On a petition for rehearing, the rehearing was denied. ... The petition for rehearing is denied. 55
Mr. Justice Bean delivered the following opinion of
the court. 48 Alteration of County Roads-Case
In a petition for rehearing, counsel for the defen- Study, Re Procedural -Problems
dants urge that this is not a suit for equitable cogni-
zance, for the reason that the plaintiff has not shown The case of Nyman v. City of Eugene56 was found to
that the land improved within the street is not in pos- be instructive in resolving dedication and road and
session of another. There is more than one ground for highway problems. This case was difficult to catego-
equitable interference. rize under the subjects discussed to this point in this
publication. Yet this case announces rules, principles
It is conceded that Agate Avenue in the City of Eu- of law and considerations that are important to the
gene, was regularly dedicated as a public street to the subject of public ways, specifically county roads.
width of 90 feet and that the plat and dedication were Consequently, it is presented as a separate section of
duly recorded. The fences and so forth mentioned in this publication.
the answer of defendants indicate an encroachment
upon this public highway. The primary issue was the effect to be given to a
recitation in a county court (not the circuit court)
5-7. It is also shown and unquestioned that a portion that certain property owners agreed to the widening
of the street is improved and occupied by the public of a county road. The Court of Appeals held that the
to the width of about 70 feet. Where there is possession recitation was insufficient to confer jurisdiction on
and user of apart of the street within the well-defined lim- the county court without an affirmative showing in
its of the dedication, record of which has been duly made, the record that all of such owners signed the agree-
it amounts constructively to an occupation of the entire ment. 57
dedicated width as designated upon the plat in so far as the
The Oregon Supreme Court granted a review.58
possession is necessary for the purposes of this suit.49 This
rule has been applied to public highways where the The parties submitted this controversy without suit
question of adverse possession was involved and by or action pursuant to ORS Chapter 27.59 The facts
analogy is applicable here. A city as trustee of streets were stipulated as follows:
18-17
Plaintiff is the owner of real property adjacent to a Plaintiff contends that the 1952 order is invalid
road in the City of Eugene known as Barger Drive because the resolution on which it was based con-
... (orig. established as a county road in 1895, with a tained no statement of public necessity or, alternatively,
40 foot r/w). The public has used the roadway at all because the signature of her predecessor in interest
times since. does not appear on any of the documents found in
public records. The trial court agreed with plaintiffs
On or about (1-31-51), the Lane County Court adopt-
first contention, concluding that the statement of pub-
ed Resolution 2178 declaring its intention to widen
lic necessity is jurisdictional and that the failure to
Barger Drive to 50 feet. The resolution stated that the
include such a statement rendered the 1952 order void.
widening was(a)Il as agreed to by the property own-
The Court of Appeals rejected the plaintiffs first con-
ers abutting on said road. However, the parties to the
tention. However, it agreed with her alternate posi-
present proceeding have failed to find any record that tion; concluding that in order for the county court to
plaintiffs predecessor in interest agreed to the widening. acquire jurisdiction to widen a road by agreement,
The parties located County Road File 2178 as it now the signatures of all affected property owners had to appear
exists and found in that file an agreement to the wid- in the record.
ening of the road, consisting of three unnumbered
pages which were executed (2-1950). The agreement The Supreme Court provided an enlightening
contains the signatures of certain owners of property explanation of jurisdictional, as used here:
abutting Barger Drive at that time, but the signature It is important to observe at the outset that the char-
of the plaintiffs predecessor in interest does not appear on acterization of a statutory mandate as jurisdictional
any of the pages. simply states a conclusion. In the context of a case
Pursuant to Resolution 2178, notice of the widening such as this, it means that this court has concluded
was posted and a return of that notice was made on that failure to comply with the statutory requirement
or about (2-5-51). On (4-2-52), the county court de- renders the government action void as to this par-
cided to establish a 50-foot right of way and made an ticular party. The characterization is, therefore, the
entry in the county journal to that effect 60 ending point of our analysis, not the starting point.
In a number of cases, however, this court has char-
In the fall of 1952, Lane County blacktopped Barger acterized statutory requirements as jurisdictional
Drive. The blacktop was within the boundaries of the with little or no analysis. Thus, in various challenges
original 40-foot right of way. The fences ran approx- to the establishment or alteration of roads, we have
imately one-quarter mile along Barger Drive but did held that the county court acted without jurisdiction
not traverse the property of plaintiffs predecessor. when it relied on an earlier non-final order by the
Lane County maintained the roadway until 1966, same court 61 when no statement of public necessity
when the City of Eugene assumed jurisdiction. appeared in the authorizing resolution; 62 when an af-
On (4-14, 1975), the City adopted an ordinance pro- fidavit disclosed that notice was not posted according
viding for the improvement of Barger Drive, includ- to statutory requirements; 69 when a recitation in the
ing the widening of the roadway. In (9-1975), the City record did not disclose the manner in which notice
commenced construction of Barger Drive improve- had been posted;64 when the petition to establish the
ments on that portion of the (r/w) that Lane County road did not describe the roads terminus; 65 and when
sought to acquire in 1952. That portion includes a there was no recital in the record that notice had been
strip of the property owned by plaintiff. given to affected landowners66 At the same time, we
have dismissed challenges on the ground that the al-
Plaintiff contends that no actions of Lane County or leged defects were not jurisdictional; holding that
the City of Eugene have operated to widen the right of once jurisdiction is established, the county court
way and that she is entitled to compensation for the tak- proceedings are presumed regular.67
ing of the strip on her property. The City contends that
It is difficult, if not impossible, to determine from
plaintiffs rights are subject to a right of way in the
these cases why certain statutory requirements are
public because: (1) the 1952 Lane County order law-
considered jurisdictional and others not. Our deci-
fully extended the right of way to include the strip
sions also seem to apply the concept of jurisdiction
on plaintiffs property; (2) plaintiff cannot now collat-
indiscriminately without distinguishing legislative
erally attack the 1952 resolution because her predeces-
or policy-making functions from quasi judicial
sor in interest failed to seek a writ of review and
or factdetermining functions66 We are now of the
because of passage of time; and (3) plaintiffs rights
opinion that clear analysis in this area requires that
to the disputed property are barred by the doctrine of
we establish criteria for determining what statutory
adverse user.
requirements are indispensable to the validity of the
I. Validity of the 1952 Order challenged action. We are also of the opinion that our
18-18
analysis will be facilitated if we abandon the use of to the person mailing the notice, cannot with reason-
the label jurisdiction in cases as this and focus in- able diligence be ascertained and cannot be found on
stead on the specific statutory language that permits the latest tax roll, the notice may be addressed to the
the government to affect the rights and obligations of owner at the county seat of the county where the land
its citizens. is situated. 71
ORS 368.40569 provides that proceedings for the ORS 368.455 requires that the notice contain a de-
establishment and alteration of public roads may be scription of the proposed road, the date of presenta-
instituted by petition of freeholders, by resolution tion to the county court, and, if the road is initiated
of the-county court, by grant of owners of neces- by petition, the signature of one or more of the peti-
sary rights of way, or by condemnation proceedings. tioners. ORS 368.450 provides that any owner of land
The mechanics of establishing a road by petition are affected by the proposed road who signs the petition
described in ORS 368.430-.465, and the mechanics of waives all further notice.
establishing a road by resolution are described in
ORS 368.470. Because ORS 368.470 requires that the ORS 368.460 provides that upon presentation of the
county court, when establishing a road by resolution, petition with satisfactory proof of posting and mail-
give notice as provided for upon the filing of a petition for ing notice, the county court shall appoint a board of
such purposes and that it follow like proceedings ... as in road viewers to survey the proposed road and assess
the case of the filing of a petition, the procedures are basi- damages. Having done this, the viewers are required
cally the same whether the court acts under a petition to file a report, which must be read at public meetings
or a resolution. by the county court at least twice .72 ORS 368.480 then
provides:
The Supreme Court decision is as follows:
At any time prior to the expiration of the day on
1. ORS 368.470(7) also allows the county to procure which the report mentioned in ORS 368.480 is public-
right of way-by agreement. Subsection (7) was ly read for the second time, any person whose lands
apparently designed to permit the county to dispense are directly affected by the report may file a petition
with some of the formalities described below when all the for damages, and any freeholder, residing in the road
affected property owners agree to the action. district where the road is located, whose name does
However, the subsection must be read to mean that not appear upon the petition, may file a remonstrance
absent agreement of all the property owners affected, the against the proposed establishment.... Failure to file a
same proceedings must be followed as in the case of the petition for damages within the time allowed by this
filing of a petition. section is a waiver of all rights thereto by every per-
son interested therein, except minors or other persons
ORS 368.445 (1) provides that when the petition au- under disability73 (emphasis supplied).
thorized by ORS 368.430 is presented to the court:
After considering the report by the road viewers
... (I)t shall be accompanied by satisfactory proof by and any claims for damages or remonstrances, the
affidavit that: county court may adopt or reject the report and enter
(a) Notice has been posted at the place of holding an order to that effect.74 That order may be appealed
county court and at three public places in the vicinity to the circuit court, as may the award for damages,
of the proposed road to be located, laid out, relocated within 20 days after the report is adopted .75 On ap-
or changed, 30 days previous to the presentation of peal, the circuit courts scope of review is limited by
the petition, notifying all persons concerned that the ORS 368.535, which provides:
application will be made to the court at its next term. No final order establishing, altering or relocating
(b) Notice has been forwarded by mail, postage pre- any road or highway shall be set aside or annulled
paid, not less than 30 days prior to the date of the upon appeal or review, nor shall any county court
presentation of the petition, to each record owner of refuse to render any such final order, on account of
land, on or over which the proposed road or portion any defect or irregularity in the petition or resolution,
thereof is to be laid out, relocated or changed, at the or notice thereof, which does not materially affect the
last-known post-office address of the owner .70 substantial rights of an interested part. The following
irregularities are immaterial defects:
ORS 368.445(2) provides:
(1) Errors of description of the intermediate points,
If the address of the owner is unknown to the per-
courses or distances of the proposed road, when the
son mailing the notice mentioned in paragraph (b) of
proposed road can be otherwise definitely located.
subsection (1) of this section, it may be mailed to the
address given on the latest tax roll in the office of the (2) Errors in the posting of the notices, where it can
tax collector of the county. If the address is unknown be shown that all persons objecting to the proceed-
18-19
ings for the proposed road had actual notice thereof A different question, however, is presented by the
prior to the time of the first reading of the petition or plaintiffs second contention. Plaintiff contends, and
resolution. the Court of Appeals agreed, that where a county
court attempts to establish a road by agreement pursu-
(3) Errors in or omissions of the names of the peti-
ant to ORS 368.470(7), it can obtain jurisdiction so
tioners appearing on the notice, where no remon-
as to cut off a landowners claim to compensation only
strance is filed.76
if the record affirmatively shows the agreement of all the
2. As we read the above statutes, they demonstrate a effected land owners. Because the signature of plaintiffs
legislative intent to place the burden of objecting to a pro- predecessor in interest does not appear in the county
posed road on the property owners who may be affected by court records, the Court of Appeals held that the
the decision to establish or alter the road. At the same time, Lane County Court did not have jurisdiction when
however, the statutes impose strict requirements on the it acted in 1952.
county to ensure that affected property owners receive actu- Insofar as the majority of the Court of Appeals re-
al notice of the proposal insofar as possible. On appeal, an fers to the jurisdiction of the county court to widen
order of the court may not be set aside if the irregularity the road, it reflects the analytical error found in past
affects the substantial rights of an interested party. opinions by this court. It also illustrates why we be-
In establishing a statutory scheme for road develop- lieve it is preferable that the label be abandoned in
ment, the legislature was faced with two competing the context of cases such as this. A county court that
policies. On the one hand, it wished to ensure that county decides to widen a road is not acting judicially at all
orders establishing roads would be final and unassailable. but rather is making a policy decision. The concept of
At the same time, it wished to ensure that all parties who jurisdictional is judicial in nature and is out of place
might be affected by the road would have an opportunity in the legislative context.
to participate in the decisionmaking process. This was 5,6. Nevertheless, we agree with the Court of Ap-
particularly true with respect to property owners peals ultimate conclusion. As noted above, we read
over whose land the road would be established and ORS 368.470(7) as allowing the county to procure
who had a property interest as well as a general civic right of way by agreement only if the agreement
interest in the decision. Accordingly, the legislature, includes all the property owners whose land will be
while limiting the nature of defects that could be used taken for the road. If the agreement does not include
to attack an order, established elaborate procedures all the property owners, the county may cut off the
for ensuring that affected property owners received claims of nonparticipating owners only by comply-
actual notice of the proceedings. ing with the notice requirements contained in ORS
3. From our reading of the statutory scheme, we 368.445. Eitheragreement or notice is indispensable
conclude that with respect to persons whose prop- to the validity of the order if the effect of the order
erty must be acquired for the road, compliance with is to deprive persons of their property. We therefore
the notice requirements contained in ORS 368.445 is examine the record before us to see if these require-
indispensable to the validity of the action and that ments are met.
failure to comply with those requirements prevents The City admits the plaintiffs predecessor in inter-
the county from barring claims for compensation by est did not sign the three pages of agreement found
owners who do not receive notice. We also conclude in County Road File 2178, and there is nothing else in
that compliance with the other statutory require- the record that indicates plaintiffs predecessor agreed
ments is not indispensable to the validity of the to the widening or received notice thereof pursuant
action unless the non-compliance in some way ren- to ORS 368.445. The City, however, contends that the
ders the notice ineffective. We think this conclusion statement in Resolution 2178 that the widening of
reflects the balance that the legislature struck in en- Barger Drive was (a)ll as agreed to by the property
acting ORS 368.405 et seq. To the extent the cases cited owners on said road is prima facie evidence that all
above are inconsistent with our holding today, they the affected property owners agreed to the widening,
are disapproved. that there is no affirmative evidence to rebut the reci-
tation, and that absent such evidence, the recitation
4. It follows from this that we must reject plaintiffs
is sufficient to show that the County Court validly
claim that the 1952 order by the Lane County Court is
widened Barger Drive by agreement.
void because of the courts failure to include a state-
ment of public necessity deprived it of jurisdiction. We shall assume, without deciding, that a recitation
No contention is or could be made that a statement that all the affected property owners agreed to the
of public necessity was necessary to give plaintiffs widening would have the effect contended for by
predecessor in interest fair notice of County Court the City.77 The fact remains that Resolution 2178 does
proceedings. not contain such a recitation. The resolution simply
18-20
states that the widening was (a)ll as agreed to by the by virtue of the fact that an order was entered would
property owners abutting on said road. It does not impose an almost insurmountable burden of proof on
necessarily mean to state that the widening was agreed to the property owner to prove lack of notice, particu-
by all the property owners. Given the state of the record, larly in a case as this when the county does not act on
particularly the contents of County Road File 2178, we its order until over 20 years after it is entered .82
decline to give the recitation the broader construction
9. Moreover, even were we to hold the presumption
contended for by the City. It is just as reasonable to
available in this case, one of the conditions precedent
conclude that the recitation was intended to mean that
to the operation of the presumption is that the circum-
the widening was agreed to by the property owners
stances of the particular case add some element of
who signed the three-page document in the file as it
probability. 83 For the reasons stated above, we do
is to conclude that the recitation refers to all property
owners.78 This is particularly true in light of the se- not believe the circumstances of this case suggest an
quence of events occurring from 1950 through 1952. In element of probability that plaintiffs predecessor in
1950, a group of property owners signed the document interest received notice of the 1951 proceedings.
found by the parties in the county road file. On Janu- Contrary to the position taken by plaintiff, however,
ary 31, 1951, the county court adopted Resolution 2178 we do not conclude from this that the 1952 order is
declaring that the widening was all as agreed to by the void for lack of jurisdiction. We agree with the con-
property owners abutting on said road. There is noth- clusion reached by Judge Joseph in his concurring
ing in the official record, the file, or the stipulated facts opinion in the Court of Appeals that the failure of the
to indicate an investigation by the county to determine Lane County Court to procure the agreement of plain-
whether there were property owners abutting Barger tiffs predecessor did not deprive the county court of
Drive in addition to those who signed the document. jurisdiction to acquire the property of the persons
It is reasonable to conclude from this that the language who signed the agreement.
used in the recitation was intentional, because at the
time it adopted Resolution 2178 the county court 10. The county court complied with the initial
may not have known whether all the property owners requirements of ORS 368.470 when it declared its
agreed to the widening. intention by resolution to widen Barger Drive and
when it posted notices to that effect. The passage of
7. We do not say, of course, that the Citys interpreta- the resolution being a legislative act, it was not neces-
tion of the recitation is an unreasonable one. Nev- sary, at this stage of the proceedings, for the County to
ertheless, we believe that if a bare recitation in a public acquire jurisdiction over anyone. In order to acquire
record is to be considered prima facie evidence79 of the the property necessary for the road, however, it was
fact alleged, this court should not extend the effect of necessary that the County comply with the notice re-
the recitation beyond what it literally states, at least quirements contained in ORS 368.445, which include
in cases where the matters dealt with in the recitation a requirement that notice be mailed to the last known
concern elements of procedural fairness and there is address of each affected owner.
evidence tending to indicate that the recitation may
not have been a carefully considered one.80 11. With respect to the property owners who joined
in the 1950 agreement, however, mailed notice was
8. The City also relies on the statutory presumption not required. ORS 368.450 provides that any owner of
contained in ORS 41.360 (15) that official duty has land who signs the petition authorized by ORS 368.430
been regularly performed. We hold that the presump- waives all further notice. By analogy, and under a gen-
tion cannot be applied to establish that the Lane County eral common law principles of waiver,84 a county court
Court gave notice to (the) plaintiffs predecessor in inter- that attempts to authorize a road by resolution need
est. In a long line of prior decisions, this court has not send mailed notice to persons who have signed an
held that a county court that seeks to establish or al- agreement to give up their property for the road. It follows
ter a road can bar claims of affected property owners that insofar as the property owners who signed the
to compensation for the taking of their property only
1950 agreement are concerned, the Lane County Court
if it actually appears in the records that the county
had the power to acquire their property.
complied with the notice statutes. We think this rule
has developed out of more than a formalistic concern In summation, we hold that (1) the Lane County
over jurisdictional requirements and that the prima- Court validly acquired the property of those persons
ry concern is one of fairness to the property owners. It is who signed the 1950 agreement, and (2) the Lane
not unreasonable to require the county to make some County Court did not validly acquire the property of
record, at least by way of allegation or recital, that plaintiffs predecessor in interest because it does not
notice requirements have been complied with when appear in the record, either by proof or by recital, that
it attempts to acquire property of others. On the plaintiffs predecessor agreed to or received notice of
other hand, to presume that notice was given simply the proposed widening.
18-21
II. Plaintiffs Collateral Attack III. Adverse User
The Citys second contention is that the plaintiff is The Citys final contention is that the 1952 order
barred from collaterally attacking the county courts by the Lane County Court conferred color of title to
1952 order because (1) the only means of challenging the disputed property upon the County and that the
the 1952 order is by writ of review,85 and plaintiffs County, and now the City, have thus acquired title by
predecessor in interest failed to pursue that remedy, adverse possession.
and (2) plaintiffs collateral attack is barred by the pas-
15. We have recognized that a possessor having color
sage of time.
of title to a parcel of land may acquire title by adverse
12. In light of our conclusion above that Lane possession of the land described in the deed through
County never validly acquired the property of plain- the actual possession of only a part.89 This doctrine of
tiffs predecessor in interest, we must reject the Citys constructive adverse possession, however, is applicable
contention that plaintiff is now barred from seeking only when the land described in the deed is recog-
remedy because her predecessor failed to challenge nized in the community as a single defined lot.90 The
the county courts 1952 order by writ of review. On doctrine has no application when the premises consists of
this point we agree with the analysis contained in several known lots or tracts even though they are described
Judge Josephs concurring opinion below: in the same deed. In such a case, each parcel is distinct,
On the record before us, the defendant City simply and an entry upon one parcel under color of title is not
entered on property it did not own. It did not own it be- constructive occupancy of all.9
cause the County had never got beyond the stage of simply 16. We find these cases dispositive of the Citys
declaring its intention to take the property by resolution ... claim that it acquired title to the strip of land on
and posting the notices.88 plaintiffs property by constructive adverse posses-
13. We find the Citys claim that plaintiffs remedy is sion. Even if we assume that the 1952 action by the
barred by the passage of time equally unconvincing. Lane County Court conferred color of title upon the
The City argues that plaintiffs predecessor in intercounty to a 50-foot wide right of way extending the
est had to challenge the county court decision within length of Barger Drive, there is nothing in the stipu-
60 days, the period established by the writ of review lated facts to indicate that the County, or the City,
statute.87 Alternatively, the City argues that plaintiffs actually possessed any part of plaintiffs property
claim is barred by the statutes of limitation because until 1975, when the City began construction of the
more than 10 years have passed since the order of Barger Drive improvements. Plaintiffs property is a
the county court. Both of these arguments beg the distinct parcel of land, and the Countys extension of
basic question, which is whether or not the 1952 order the Barger Drive fences onto the property of others
was binding on the plaintiffs predecessor. If it were, did not enable it to constructively possess the prop-
plaintiff would lose on the merits. If not, the present erty of the plaintiff.
controversy simply arises out of a trespass by the City The City also contends that it is entitled to the dis-
that occurred in 1975. puted strip of land under this courts holding in Hug-
14. With respect to the Citys claim that plaintiffs gett v. Moran,92 where we said:
remedy is barred by the equitable doctrine of laches, Whenever a statute prescribes the minimum width
we are generally in agreement with the analysis
of public roads to be established in the future and
contained in the majority opinion of the Court of
a public road is established by prescription, the width
Appeals. Moreover, even were we to agree with the
thereof is the minimum necessary to establishment of
city that plaintiff was on notice of the Countys claim
a legal road in the absence of evidence of the taking
when she purchased her property in 1967, we are
of a greater amount (emphasis ours).
aware of no rule of law that would require plaintiff
to immediately have brought a declaratory judgment We agree with the Court of Appeals that the Citys
procedure or the like in order to determine whether reliance on Huggett is misplaced. Unlike Huggett, this
that claim was valid. There was no actual interference case does not involve a road established by prescrip-
with plaintiffs rights until the City began improving tion, and the reasoning we used in Huggett is there-
Barger Drive in 1975, and she then asserted her claim fore inapplicable.
immediately. The fact that the City planned for, held
The decision of the Court of Appeals is affirmed. 93
hearings on, financed and began construction of the
improved road did not serve to charge her with Nyman is important to Oregon road and highway law.
knowledge that the City planned to take her property The principles of law announced or confirmed were
without compensation. needed to clarify two obvious fallacious presumptions.
18-22
One presumption is that just about any statutory ing ORS 368.405 et seq. To the extent the cases cited
requirement for establishing, altering the route, or above are inconsistent with our holding today, they
widening a county road could be ignored because are disapproved. A re-examination of holdings 4, 5
these highways were under jurisdiction of the and 6 will explain why the statutory requirement of
county courts. This opinion was not only held by notice could not be disregarded, yet a statement of
many county courts, it was held by the circuit courts public necessity could be dispensed with.
and obviously, at times, the Supreme Court, i.e.:
The other presumption that exists is actually a misun-
Our decisions also seem to apply the concept of derstanding of how one statutory presumption is to
jurisdiction indiscriminately without distinguish- be applied. The statutory presumption, now con-
ing legislative or policy-making functions from
tained in ORS 40.135 (and was ORS 41.360 in 1979),
quasi-judicial or fact-determining functions.84
is the presumption, Official duty has been regularly
The idea that statutes could be disregarded in matters performed. That presumption is dependent on many
involving the taking of private real property for a pub- other presumptions, including another presumption
lic way can be confusing. A question to consider when of statutory law: The law has been obeyed. Both of
reviewing road and highway statutes and the cases these presumptions rely on unofficial presumptions,
relating to those laws: Why would the Oregon Legisla- or assumptions, that (a) those who are presumed to
ture bother to establish and amend the county road stat- know the law, do know the law, (b) those who are
utes if the statutes could be disregarded by the county presumed to know the law, understand that law, (c)
courts? Apparently, the term jurisdiction has been inter-
those who know the law, know when the laws can be
preted differently by county courts, circuit courts, and,
dispensed with, (d) those who are in the capacity to
on occasion, the Supreme Court. The Supreme Court, in
make official decisions, will abide by the law when
Nyman, identified that term as part of the problem, i.e.:
so required, and (e) those who are assigned statutory
Principle 106 responsibilities, in the chain of command beginning
at the county court level, will do as instructed.
The term jurisdiction is inappropriate in situations
Obviously, those presumptions, or assumptions, do
where a county court decides to widen or alter the
not always prove to be accurate. Consequently, the
location of a county road. A county court that decides
to widen (or alter the location of ) a road is not acting legislature has provided: -
judicially at all, but rather is making a policy decision. The In civil actions and proceedings, a presumption imposes
concept of jurisdiction is judicial in nature and is out of on the party against whom it is directed the burden of
place in the legislative context.95 proving that the non-existence of the presumed fact is more
probable than its existence. 98
Consequently, it is not within the jurisdiction of a
county court to dispense with the notice requirement The fallacious presumption exists that where a county
ordered by the Oregon Revised Statutes. has jurisdiction to widen, alter or establish a road, the
presumption that official duty has been performed
Principle 107 bars any attack on the actions of the county.
... With respect to persons whose property must be To the laymen, such a presumption is taking an aw-
acquired for the road, compliance with the notice re- ful lot for granted. Indicative of this are the cases
quirements contained in the ORS is indispensable to the presented in this chapter, where a city, county, or the
validity of the action, and failure to comply those require- state has lost its case due to too much being pre-
ments prevents the county from barring claims for com- sumed or assumed. Such is the case in Nyman. The
pensation by owners who do not receive notice.96 court held that the presumption that official duty
has been regularly performed could not be applied
Principle 108 to establish that the county had performed every
necessary duty. The court felt that to presume that
As regards the acquisition of real property for estab- notice was given simply by virtue of the fact that an
lishing, widening or altering a road, Compliance with order was entered would impose an almost insur-
other statutory requirements is not indispensable to the mountable burden of proof on the property owner to
validity of the action unless the non-compliance in some prove lack of notice .. .
way renders the notice ineffective. 97
This principle, established in a long line of prior deci-
And as regards those conclusions, the court said they sions by the court, was developed out of a primary
reflect the balance that the legislature struck in enact- concern of fairness to the property owners:
18-23
Principle 109 or enjoyment.99 Land cannot be abandoned in favor of a
specific party. The act of abandonment must be voluntary
A county court that seeks to establish or alter a road can and intentional.
bar the claims of affected property owners to compen-
sation for the taking of their property only if it actually One method of terminating an easement is by the act
appears in the records that the county complied with the of abandonment. However, it has long been recognized
notice statutes. that abandonment is not a recognized means of termi-
nating a public way, except in absence of a vacation
In other words, some evidence of an effort to comply statute. Since Oregon has such statutes, abandon-
is necessary to the application of the presumption. ment is not recognized as a common-law vacation of
public ways.
As ORS 40.120 implies, for the presumption that
official duty has been performed to be applicable, there Abandonment of a public way has not been a big
must be some circumstance of the case that would subject of controversy or litigation in Oregon road
indicate that in all probability the official duty law. So it is not essential to devote a lot of time and
would have been performed. In Nyman, the court space to this subject. However, it is important enough
felt this case did not hold such circumstances, and, in to justify some attention here. The case of Martin v.
all probability, notices were not mailed as required. Klamath County100 will help explain how abandon-
This was because the widening was by resolution. ment is relevant to the Law of Dedication and road
With respect to the property owners who join in such law in this state. That case is quoted in the section
agreements: of this publication on The Extinguishment of Public
Ways. The principles of law announced by the court,
Principle 110 relevant to abandonment, were:
... A county court that attempts to authorize a road by Principle 111

resolution need not send mailed notice to persons who
signed an agreement to give up their property for the The doctrine of common-law abandonment does not
road. This rule is based on statutory law that provides apply in an action by a landowner to quiet title to a strip
that any owner of land who signs the petition (autho- of land which has previously been used by the public as
rized by ORS 368.430) waives all further notice. a roadway.101
Consequently, in all probability, the county over-

Principle 112
looked the plaintiff who never signed the agreement.
Here, some evidence or indication was necessary to The fact that the legislature provides a method whereby a
presume that official duty had been regularly per- county (or city) may abandon a road (street or alley) is pos-
formed. itive inhibition against other methods of termination. 102
The presumption that official duty has been regu-
larly performed remains a necessity in Oregon Law.
As regards county roads, the presumption allows Dedicated Parks,
counties to establish, alter or widen a road without
each action being open to frivolous or vexatious suits Public Squares, Etc.
on those actions. But, as emphasized by the court,
the legislature wished to ensure that all parties who Note: The elimination of sections of state highways
might be affected by the road would have an opportu- is often referred to as abandonment. The provisions
nity to participate in the decision-making process. This of statutory law governing such abandonment is pro-
was particularly true with respect to property owners over vided by ORS 366.300.
whose land the road would be established and who had a
property interest as well as a general civic interest in the As was announced at the beginning of this publication:
decision. There is no difference in the principles applicable to the
dedication of public streets and public squares or parks. 103
Abandonment of The sections of this publication on Common Law
Dedications and Statutory Dedications apply
a Public Easement equally to dedicated public parks and squares, ex-
cept: the effect of the dedication of such lands differs in
Abandonment of real property is the relinquishment of that the fee in dedicated parks and squares is in the city
all right, title, claim and possession, with the intention or county having jurisdiction over the land at the time of
of not reclaiming it or resuming its ownership, possession dedication.
18-24
Consequently, the title to a park, common or square Under Principle 75: If the property vacated is a public
vests in the city in which the land is located (ORS square, the property shall vest in the county. 105
271.150) or in the county when the park, common or
square is outside the city boundary of any city. Note: Before making a final determination of where
title to a public park, square or common vests, the
Principle 113 plat should be carefully examined to see if the dedica-
... If a public square is vacated the title thereto shall vest tor has designated some other party or parties as fee
in the city. 104 simple owners of the underlying fee in the land.
Endnotes
1. Latourette v. County Court, 121 Or. 19. Bayard v. Standard Oil Co., supra; Sil- 34. 39 C.J.S., Highways, subsec 23; See,
323, 255 P. 330. uerton v. Brown, 63 Or. 418, 128 P. 45; also: 29 C.J. 392, Highways, subsec
Montgomery v. Somers, 50 Or. 259, 90 28; Parkey v. Galloway, 147 Mich.
2. Amended by 1953 Or. Laws ch.
P. 674. 693, 111 N.W. 348; Richardson v.
229 subsec 2; 1971 Or. Laws ch. 427
subsec 1; and 1981 Or. Laws ch. 153 State, 109 Tex. Crim. 403,5 S.W. 2d
20. 198 Or: 166 at pp. 178 and 179.
subsec 66, renumbered ORS 368.041. 1412.
21. 18 C.J. 282, Deeds subsec 250.
3. Formerly ORS 368.415, prior to 1981. 35. Sweet et at v. Irrigation Canal Co.,
Note: ORS 368.036, noted in subsec- 22. Subsec 4790 B & C. 198 Or. 168, 254 P.2d 700. Peti-
tion 1, relates to standards for county tion on rehearing denied, 198 Or.
23. See: 6293, L.O.L.; subsec 4539, 1920 202, 266 P.2d 252.
roads and ro a d work.
Or. Laws subsec 44-1305, Oregon
4. ORS 368.201. Code annotated (1930). 36. Id., at pp. 202, 204.
5. Id., subsection (1) 24. See: subsec 100-1205, O.C.L.A., and 37. Watts v. City of Winfield, 101 Kan.
subsequent amendments thereof, 470, 168 P. 319. See, also: Williams v.
6. Id., subsection (2a) 7. Id., subsection
1947 Or. Laws, ch. 498,1951 Or. Laws, Routt County, 37 Colo. 55, 84 P. 1109;
(2b)
ch. 132. Pratt v. Atlantic and St. Lawrence
8. Id., subsection (2c) Railroad Co., 42 Me. 579,585; People
25. Cit. authorities. v. Astle, 337, Ill. 253, 256,169 N.E.
9. 1981 Or. Laws ch. 153, subsec 25.
26. Whitesides v. Green, Utah, 34, 57 Am. 185.
10. Latourette v. County Court, 121 Or. St. Rep. 740, 44 P. 1032; Pillsbury v.
38. Ames v. Union County, 17 Or. 600,
323, 255 P. 330. See: 9 L.R.A. 95; 11 Brown, 82 Me. 450,19 A. 858,9 L.R.A.
605, 22 P.118.
L.R.A. 59. 94; Sprague v. Waite, 17 Pick. 309; Bar-
tlee v. Beardmore, 77 Wis. 356,46 N.W. 39. Sweet et ux v. Irrigation Canal
11. Section 5441, Or. Laws. 494. Co., supra, 198 Or. 166, 254 P.2d 700.
Petition on rehearing denied, 266 P.2d
12. Steiwer v. Steiwer, 112 Or. 485, 489, 27. 38 Or. 446, 447.
490, 230 P. 359; Or. Laws, subsec 4555;
252.
Lauderback u. Multnomah County, 28. City of Newberg v. Kienle, 60 Or. 486, 40. Huggett et ux v. Moran et ux, 201 Or.
111 Or. 631, 226 P. 697; Keane v. Port- 489, 120 P. 3. 105,266 P.2d 692 (1954).
land, 115 Or. 1, 7,235 P. 677; Lewis,
Eminent Domain, 3d ed., subsec 387; 29. Washington Borough v. Steiner, 25 41. Pillsbury v. Brown, 82 Me. 450, 19 A.
Elliotts Roads and Streets, 3d ed., Pa. Super. 392. 858, 9 L.R.A.; Kritzberger v. Train
subsec 355; 20 C.J. 881, subsec 310. County, 62 N.D. 208,242 N.W. 913;
30. To the same effect see: Hoban v. City of Seattle v. Abrahamson, 109
13. Or. Laws, subsec 4539. Bucklin, 88 N.H. 73, 80, 184 A. 362, Wash. 116, 186 P. 644; 25 Am. Jur.
14. Latourette v. County Court, 121 Or. 186 A. 8; Geer v. Chapin, 163 El. 360, Highways, subsec 36; 39 C.J.S.
323 at p. 331, 255 P. 330. App. 654, 659, 660; Whiteside v. 939, Highways, subsec 20.
Green, supra; Burrows V. Guest, 5
15. Id. See: 9 L.R.A. 95, Notes on statuto- 42. Silverton v. Brown, 63 Or. 418, 128
Utah 91, 12 P. 847; 39 C.J.S. 939,
ry procedure for widening highway. P. 45.
Highways, subsec 20.
Also see: 11 L.R.A. 59.
31. Elliotts Roads and Streets, supra, 43. Id., at page 425, cit: Bayard v. Stan-
16. Sweet et al v. Irrigation Co., 198 Or. 166.
4th ed., 242, subsec 198 dard Oil Co., 38 Or. 438,63 P. 614.
(1953) 254 P.2d 700.
32. Sweet et at v. Irrigation Canal Co., 44. City of Eugene v. Garrett, 87 Or. 435,
17. 198 Or. at p. 174.
198 Or. 166 at p.187, 88 N.H. 80. 169 P. 649,170 P. 731.
18. Nosier u. Coos Bay R.R. Co., 39 Or.
45. Christian v. Eugene, 49 Or. 170, 174,
331, 334, 64 P. 644; Bayard v. Stan- 33. Whitesides v. Green, supra; Town of
89 P. 419.
dard Oil Co., 38 Or. 438, 447, 63 P. Randall u. Rovelstad, 105 Wis. 410,
614, (discussed under this chapter 430 81 N.W. 819; Bartlett v. Beard- 46. Oliver v. Synhorst, 48 Or. 292, 86 P.
in section on Prescription). more, 77 Wis. 356,46 N.W. 494, 496. 376. 7 L.R.A. (N.S.) 243; Schooling
18-25
v. Harrisburg, 42 Or. 494, 71 P. 605; the order is the journal entry, which by some competent evidence of
Oliver v. Synhorst, 58 Or. 582, 109 provides as follows: record.
P. 762, 115 P. 594; Crusen v. Lebanon,
2178 78. See: 1 Freeman on Judgments 812-
64 Or. 593,131 P. 316; and Portland
13, 5th ed, 1925, where the author
v. Inman-Poulsen Lumber Co., 66 In the Matter of the Resolution of states: The recitals or findings of
Or. 86,133 P. 829, Ann. Cas. 1915B, the County Court for widening of a jurisdiction may affirm, in general
400; 46 L.R.A. (N.S.) 1211. County Road terms, the service, or due service,
47. See: 17 Am. & Eng.- Enc. of Law, 2d Now at this time this matter of process, without indicating that
ed, pp. 894, 940 and 913. the attention of the court has been
came on regularly to be heard
and is hereby ordered established specially called to the kind of service
48. City of Eugene v. Garrett, supra, 87 made, or that it has based its finding
Or. at 443, 170 P. 731. as a 50-foot right of way.
upon other evidence than that dis-
49. Joy v. Stump, 14 Or. 361, 12 P. 929. (The wording to the right of these closed by the record. In such cases
three lines was Order Estab- it is not reasonable that the general
50. Bayard v. Standard Oil Co., 38 Or. lished.) statement should p r e v a i l over
438, 447, 63 P. 614. the evidence contained in the re-
61. Columbo et at v. Hewitt et al, 221 cord. It should rather be construed
51. 28 C.Y.C., p. 896. Or. 121, 350 P.2d 893 (1960). as referring to and founded upon
52. 37 C.Y.C., p. 247. 62. Latourette v. County Court, 121 Or. it; and if the service shown by it is
681, 226 P. 697 (1924). not such as will support the judg-
53. Fleischner v. Citizens Real Estate ment, it should be treated as void,
& Inv. Co., 25 Or. 119, 129, 35 P. 174, notwithstanding the general state-
63. Lauderback et al v. Multnomah
Blagen v. Smith, 34 Or. 394, 402, 56 P. ment in the judgment that process
County, 111 Or. 681, 226 P. 697
292, 44 L.R.A. 522; Union Power Co. has been duly served. (Emphasis
(1924).
v. Lichty, 42 Or. 563, 566, 71 P. 1044; supplied, and footnote omitted in
Morton v. Oregon S.L. Ry. Co., 48 64. State of Oregon v. Officer, 4 Or. 180. the court report.)
Or. 444,87 P. 151, 1046, 120 Am. St.
Rep. 827; 7 L.R.A. (N.S.) 344. 65. Johns v. Marion County, 4 Or. 46 79. Prima facie evidence is, in the
66. Thompson v. Multnomah County, 2 judgment of the law, sufficient to
54. 1 High on Injunctions, 4th ed. sub- establish a given fact, or the group
sec 759. Or. 34 (1861).
or chain of facts constituting a par-
55. City of Eugene v. Garrett, supra. 67. Morton v. Hood River, 88 Or. tys claim or defense, and which,
144,171 P. 584 (1918); French Glen if not rebutted or contradicted, will
56. Nyman v. City of Eugene, 286 Or. 47, Co. v. Harney County, 38 Or. 138. remain sufficient. It is evidence
593 P.2d 515, (1978). which suffices for proof of a particu-
68. Cf., Fasano v. Washington Co. lar fact until contradicted or over-
57. 32 Or. App. 307, 315, 574 P.2d 332 Comm., 264 Or. 574, 507 P.2d. come by other evidence. Blacks
(1978).
69. Citation is to the current (1979) Law Dictionary, rev. 4th ed., page
58. When it granted review, the Su- statutes for convenience. The 1354, cit. Dodson v. Watson, 110 Tex.
preme Court requested argument 355, 220 S.W. 771, 772, 11 A.L.R. 583.
statutes in effect at the time of the
on the following questions: 1952 order did not materially dif- 80. Cf., State of Oregon v. Officer, su-
Did the 1952 Lane county court fer from the current statutes. pra (holding a recitation that proof
have jurisdiction to enter ith order of posting notices had been made
70. The Supreme Court cited 1979 law
widening the County Road? to the satisfaction of the court
for convenience.
insufficient to prove that it had
What are the jurisdictional been made as required by statute).
71. Id.
requirements which had to be met
before the order could be entered? 72. ORS 368.480, ORS 368.485 (1979 81. Lauderback v. Multnomah Coun-
law). ty, supra; S t a t e o f O re g o n , s u -
Do the necessary facts appear on p r a ; Thompson v. Multnomah
the face of the record to prove that 73. 19791aw cited. County, supra.
these jurisdictional requirements
were satisfied? 74. ORS 368.495, 368.500 (1979 law). 82. As the Court of Appeals noted, the
presumption could just as easily
In particular, is the recital in the re- 75. ORS 368.525 (1979).
operate to require a conclusion
cord that the road widening was `all 76. Citing 1979 law. Check current that plaintiff s predecessor did
as agreed to by the property own- statutes for the law that must be not agree to the widening. ORS
ers abutting said road sufficient or followed for establishing, alter- 41.360 (15) establishes a disputable
must the record show affirmative- presumption that official duty has
ing or relocating a county road at
ly that all such property owners been regularly performed. ORS
the present.
agreed to the road widening? 205.110(2)(d) imposes a duty on
77. See: ORS 43.370. But see: Lauderback the county clerk to file all papers
59. Citing ORS ch. 27, i.e. ORS delivered to him (or her) for filing.
et at v. Multnomah County, 111 Or.
27.010, 27.020 and 27.030. We could therefore assume that
681, 701, 226 P. 697 (1924), holding
the clerk did not receive any
60. No formal order widening the that a journal entry that notice has documents relevant to Resolution
road appears in the record in this been posted aiding a defective af- 2178 other than those appearing in
proceeding. The only evidence of fidavit must also be supported County Road File 2178.
18-26
83. Highway Com. u. Heintz Constr., 245 88. ORS 12.050 provides: An action for 93. Nyman v. City of Eugene, supra.
Or. 530, 539, 423 P.2d 175 (1967). the recovery of real property, or 94. Id.
for the recovery of the possession
84. Wood v. Honeyman, 178 Or. 484, thereof, shall be commenced within 95. Id. at pp. 57, 58.
548, 169 P.2d 131, 171 A.L.R. 587 10 years (1979 law). ORS 12.115 (1)
(1946); Kinkade v. Myers, 17 Or. 470, provides: In no event shall any ac- 96. Nyman v. City of Eugene, supra, at
21 P. 557 (1889); White v. Northwest tion for negligent injury to person pp. 56, 57.
State Co., 5 Or. 99 (1873). or property of another be commenced
97. Id.
more than 10 years from the date of
85. ORS 203.200 provides: The deci-
the act of omission complained of 98. ORS 40.120. 1981 Or. Laws ch. 892 sub-
sions of the county court made in (1979). ORS 12.140 provides: An ac- sec 17.
the transaction of county business tion for any cause not otherwise pro-
shall be reviewed only upon the vided for shall be commenced within 99. See: Jackson v. Steinberg, 186 Or. 129,
writ of review provided by the civil 10 years (1979 law). 200 P.2d 376.
procedure statutes. The provisions
governing the availability of the 89. See: e.g., Arrien v. Levanger, 263 Or. 100. Martin v. Klamath County, 39 Or. App.
writ are contained in ORS 363 370, 502 P.2d 573 (1972) 455 (1979), 592 P.2d 1037.
34.010 through .100.
90. See: American Law of Property, 101. Id. 102. Id.
86. 32 Or. App. 326. 820 Casner ed., 1974.
103. Steel v. City of Portland, 23 Or. 183.
87. ORS 34.030 provides in part: ... A writ 91. Real Estate Co. v. Hendrix, 28 Or. 485,
shall not be allowed unless the peti- 42 P. 514 (1895); Hicklin u. McClear, 18 104. ORS 271.140 amended by 1981 Or.
tion therefor is made within 60 days Or. 126, 22 P. 1057 (1889); Wilson and Laws ch. 153, subsec 58 (as exists Sept.
from the date of the decision or de- Wakeman v. McEwan, 7 Or. 87 (1879). 27, 1987).
termination sought to be reviewed 92. Huggett u. Moran, 201 Or. 105, 112,
(1979). 266 P.2d 692 (1954). 105. ORS 368.366(b) (1985 law).
18-27
TABLES
E-37
TABLE 1 CONVERSION FACTORS
TO CONVERT TO MULTIPLY BY
Acres Sq. Miles 0.0015625

Acres Sq. Yards 4840
Centimeters Inches 0.393700
Centimeters Meters 10-2
Centimeters Yards 0.01093611
Chains (Gunters) Yards 22
Chains (Gunters) Feet 66
Decameter Meters 10
Decimeter Meter 10-1
Degrees (Sexagesimal) Minutes (Sexagesimal) 60
Degrees (Sexagesimal) Radians 0.0174533
Fathoms Feet 6
Feet Inches 12
Feet Meters 0.3048006096
Furlongs Miles 0.125
Inches Centimeters 2.540005
Inches Feet 1/12
Kilometers Meters 1000
Kilometers Miles (Nautical) 0.539593
Kilometers Miles (Statute) 0.6213699495
Leagues (Statute) Miles (Statute) 3
Links (Gunters) Inches 7.92
Meters Feet 3.280833333
Meters Inches 39.3700
Meters Yards 1.093611
Miles (Nautical) Feet 6080.20
Miles (Nautical) Miles (Statute) 1.1516
Miles (Statute) Feet 5280
Miles (Statute) Kilometers 1.609347219
Minutes (Sexagesimal) Radians 2.90888 x 10-4
Minutes (Sexagesimal) Seconds (Sexagesimal) 60
Radians Degrees (Sexagesimal) 57.29578
Rods Yards 5.5
Rods Feet 16.5
Seconds (Sexagesimal) Minutes (Sexagesimal) 1/60
Square Feet Acres 0.000022956
Square Feet Sq. Inches 144
Square Feet Sq. Meters 0.09290341
Square Meters Sq. Yards 1.195985
Square Miles Acres 640
Square Yards Sq. Feet 9
Square Yards Sq. Meters 0.83613
Yards Feet 3
Yards Meters 0.91440183
E-39
TABLE 2
TABLES OF MEASUREMENTS
LINEAR MEASURE
1.foot = 12 inches 1 furlong = 1/8 mile

1 yard = 36 inches 1 furlong = 220 yards
1 yard = 3 feet 1 mile = 320 rods
1 rod = 5.5 yards 1 mile = 80 chains
1 rod = 16.5 feet 1 mile = 8 furlongs
1 Link* = 7.92 inches 1 mile = 1760 yards
1 Chain* = 66 feet 1 mile = 5280 feet
SQUARE MEASURE
1 sq. foot = 144 sq .inches 1 acre = 160 sq. rods

1 sq. yard = 9 sq. feet 1 acre = 43,560 sq. feet
1 sq. rod = 30.25 sq. yards 1 sq. mile = 640 acres
SURVEYORS SQUARE MEASURE
1.sq. rod = 625 sq. links* 1 sq. mile = 640. acres

1.sq. chain* = 16. sq. rods 1 section = 640 acres
1.acre = 10 sq. chains* 1 township = 36 sections
ANGULAR MEASURE
1 minute = 60 seconds 1 quadrant = 90 degrees

1 degree = 60 minutes 1 semi-circle = 180 degrees
1 octant = 45 degrees 1circle = 360 degrees
1 sextant = 60 degrees 1 radian = 57.30 degrees
MISCELLANEOUS MEASURE.
One length = 7.5 feet

one pace = 3 feet
one pace (military) = 36 inches
one perch (linear) = 5.5 yards = 16.5 feet
one perch (land) = 1 square rod
one pole = 5.5 yards = 16.5 feet
one rod = 16.5 feet = 5.5 yards
one chain* = 66 feet
one chain (engineers) = 100 feet
one link* = 7.92 inches
one link (engineers) = 12 inches
one furlong = 660 feet = 1/8 mile
one vara = 33.33 inches
one rood = 0.25 acre
*Gunters chain (66 feet). The words chain and link should always be interpreted as meaning Gunters
chain or link. The engineers chain length should never be used unless the deed or survey specifically calls
for engineers chain. See explanation of both chain measures, under chain in the glossary.
E-40
TABLE 3 METRIC TABLES
ABBREVIATIONS
m meter c centi- G giga-

a are d deci- T tera-
s stere da deka- n nano-
g gram h hecto- p pico-
liter liter k kilo- f femto
u micro- my myria- a atto
m milli- M mega-
NUMERICAL VALUES
deci- 1/10 deka- 10 giga- 1,000,000,000

centi- 1/100 hecto- 100 tera- 1,000,000,000,000
milli- 1/1,000 kilo- 1000 nano 1/1,000.000,000
micro- 1/1,000,000 Myria- 10000 Pico- 1/1,000,000,000,000
mega- 100,000 femto- one quadrillionth
atto- one quintillionth
LENGTH
1 micron = 1/1000 millimeters = 0.03937 mil

1 millimicron = 1/1000 micron = 0.0000394 mil
1 micromillimeter = 1,000,000 millimeter
1 micromicron = 1,000,000 micron
1 millimeter = 1/1000 meter = 0.03937 in.
1 centimeter = 10 millimeters = 0.3937 in.
1 decimeter = 10 centimeters = 3.937 in.
1 meter = 10 decimeters = 39.37 in.
1 dekameter = 10 meters = 393.7 in.
1 hectometer = 10 dekameters = 328-083 ft.
1 kilometer = 10 hectometers = 3280-83 ft.
1 myriameter = 10 kilometers = 6.2137 mi.
AREA
1sq. centimeter (cm2) = 1 / 10,000 m2 = 0.1550 sq. in.

1 sq. meter (m2) = 1.196 sq. yds.
1 sq. dekameter (dam2) = 100 m2 = 119.6 sq. yds.
1 are (a)* = 100 m2 = 119.6 sq. yds.
1 sq. hectometer (hm2) = 10,000 m2 = 2.471 acres
1 hectare (ha)* = 10,000 m2 = 2.471 acres
1 sq. kilometer (km2) = 1,000,000 m2 = 0.386 sq. mi.
*are and hectare should be used for land area.
Note: Weight, capacity, and volume not shown because the values are not needed in cadastral cartography.
E-41
TABLE 4 METRIC CONVERSION TABLES
LINEAR MEASURE
Survey Measure to Metric Measure
1 inch = 2.54 centimeters 1 link* = 0.2012 meter

1 foot = 0.3048 meter 1 chain* = 20.1168 meters
1 foot = 30.48 centimeters 1 link (eng.) = 0.3048 meter
1 yard = 0.9144 meter 1 chain (eng.) = 30.480 meters
1 mile = 1.609 kilometers 1 mile (naut.) = 1.852 kilometers
1 rod = 5.0292 meters 1 fathom = 1.8288 meters
1 pole = 5.0292 meters 1 league = 5.5597 kilometers
1 furlong = 201.168 meters
AREA
Survey Square Measure to Metric Square Measure
1 sq. inch = 6.4516 cm2 1 acre = 40.468 are

1 sq. foot = 0.0929 m2 1 acre = 0.4047 hectare
1 sq. yard = 0.8361 m2 1 sq. mile = 258.99 hectares
1 sq. rod = 25.29 m2 1 sq. mile = 2.59 km2,
1 sq. link* = 0.0405 m2 1 section = 2.59 k_km2
1 sq. chain* = 404.68 m2 1 township = 9,324 hectares
1 sq. pole = 25.29 m2 1 township = 93.24 km2
LINEAR MEASURE
Metric Measure to English Measure
1 millimeter = 0.03937 inch 1 dekameter = 32.8083 feet

1 centimeter = 0.3937 inch 1 hectometer = 328.083 feet
1 decimeter = 3.937 inches 1 kilometer = 0.62137 mile
1 meter = 39.37 inches 1 kilometer = 3280.83 feet
1 meter = 3.208 feet 1 myriameter = 6.2137 miles
1 dekameter = 393.7 inches
SQUARE MEASURE
Metric Square Measure to English Square Measure
1 sq. centimeter = 0.15499 sq. inch 1 sq. meter = 10.294 sq. feet
1 sq. decimeter = 15.499 sq. inches 1 sq. decameter = 119.6 sq. yards
1 sq. meter = 1,549.9 sq. inches 1 sq. hectometer = 2.471 acres
1 sq. meter = 1.196 sq. yards 1 sq. kilometer = 0.386 sq. mile
LAND AREA
Metric Square Measure to English Square Measure
1 sq. meter = 1,549.9 sq. inches 1 hectare = 2.471 acres

1 centiare = 1,549.9 sq. inches 1 sq. kilometer = 0.386 sq. mile
1 are = 119.6 sq. yards
*Gunters chain
E-42
TABLE 4 (continued)
CENTIMETERS TO INCHES
Centimeters Inches Centimeters Inches

2.54 = 1 1 = 0.39370
5.08 = 2 2 = 0.78740
7.62 = 3 3 = 1.18110
10.16 = 4 4 = 1.57480
12.70 = 5 5 = 1.96850
15.24 = 6 6 = 2.36220
17.78 = 7 7 = 2.75590
20.32 = 8 8 = 3.14960
22.86 = 9 9 = 5.54330
METERS FEET
Meters Feet Meters Feet

0.3048 = 1 1 = 3.28084
0.6096 = 2 2 = 6.56168
0.9144 = 3 3 = 9.84252
1.2192 = 4 4 = 13.12336
1.5240 = 5 5 = 16.40420
1.8288 = 6 6 = 19.68504
2.1336 = 7 7 = 22.96588
2.4384 = 8 8 = 26.24672
2.7432 = 9 9 = 29.52756
METRIC CONVERSION FACTORS
To Convert To Multiply by
Square miles Hectares 258.99881

Square miles Square meters 2589988.1
Square miles Square kilometers 2.5899881
Square chains Square meters 404.68564
Square feet Square centimeters 929.0304
Square feet Square meters 0.09290304
Square centimeters Square feet 0.0010763867
Square centimeters Square meters 0.0001
Square dekameters Square meters 100
Square dekameters Acres 1
Square dekameters Acres 0.024710538
Square hectares Square meters 10000
Square kilometers Square miles 0.38610216
Square kilometers Square feet 1.0763910 x 107
Square kilometers Acres 247.10538
Hectares Acres 2.4710538
Hectares Square feet 107639.10
Hectares Square miles 0.0038610*216
Hectares Acres 100
Hectares Square centimeters 1 x 108
Hectares Square meters 10000
Chains Meters 20.1168
E-43
TABLE 5 METRIC ANGULAR MEASURE
CENTESIMAL SYSTEM
The metric system of angular measure is known as the centesimal system.
In the centesimal system, each quadrant of a circle is divided into 100 parts known as grads (or grades). Each
gad is further divided into decimal parts.
Angles of the centesimal system are written, for example, as: 376g 7289, or as 376g 72 89
Which is read as three hundred seventy-six point seven two eight nine grads; or, as three hundred seventy-six
grads, seventy-two centesimal minutes, and eighty-nine centesimal seconds. The first method is recommended.
CENTESIMAL CONVERSION FACTORS
TO CONVERT TO MULTIPLY BY
Grads Circumferences 0.0025
Grads Degrees 0.9
Grads Minutes 54
Grads Seconds 3240
Grads Radians 0.015707963
CONVERSION GRADS TO DEGREES

GRADS = DEGREES GRADS = DEGREES GRADS = DEGREES
1 0.9 35 31.5 69 62.1
2 1.8 36 32.4 70 63.0
3 2.7 37 33.3 71 63.9
4 3.6 38 34.2 72 64.8
5 4.5 39 35.1 73 65.7
6 5.4 40 36.0 74 66.6
7 6.3 41 36.9 75 67.5
8 7.2 42 37.3 76 68.4
9 8.1 43 38.7 77 69.3
10 9.0 44 39.6 78 70.2
11 9.9 45 40.S 79 71.1
12 10.8 46 41.4 80 72.0
13 11.7 47 42.3 81 72.9
14 12.6 48 43.2 82 73.8
15 13.5 49 44.1 83 74.7
16 14.4 50 45.0 84 75.6
17 15.3 51 45.9 85 76.5
18 16.2 52 46.8 86 77.4
19 17.1 53 47.7 87 78.3
20 18.0 54 48.6 88 79.2
21 18.9 55 49.5 89 80.1
22 19.8 56 50.4 90 81.0
23 20.7 57 51.3 91 81.9
24 21.6 58 52.2 92 82.8
25 22.5 59 33.1 93 83.7
26 23.4 60 54.0 94 84.6
27 24.3 61 54.9 95 85.5
28 25.2 62 55.8 96 86.4
29 26.1 63 56.7 97 87.3
30 27.0 64 57.6 98 88.2
31 27.9 65 58.5 99 89.1
32 28.8 66 59.4 100 90.0
33 29.7 67 60.3
34 30.6 68 61.2
E-44
TABLE 6 RODS TO FEET
RODS FEET RODS FEET RODS FEET RODS FEET

.50 8.25 25.50 420.75 50.50 833.25 75.50 1245.75
1.00 16.50 26.00 429.00 51.00 841.50 76.00 1254.00
1.50 24.75 26.50 437.25 51.50 849.75 76.50 1262.25
2.00 33.00 27.00 445.50 52.00 858.00 77.00 1270.50
2.50 41.25 27.50 453.75 52.50 866.25 77.50 1278.75
3.00 49.50 28.00 462.00 53.00 874.50 78.00 1287.00
3.50 57.75 28.50 470.25 53.50 882.75 78.50 1295.25
4.00 66.00 29.00 478.50 54.00 891.00 79.00 1303.50
4.50 74.25 29.50 486.75 54.50 899.25 79.50 1311.75
5.00 82.50 30.00 495.00 55.00 907.50 80.00 1320.00
5.50 90.75 30.50 503.25 55.50 915.75 80.50 1328.25
6.00 99.00 31.00 511.50 56.00 924.00 81.00 1336.50
6.50 107-25 31.50 519.75 56.50 932.25 81.50 1344.75
7.00 115.50 32.00 528.00 57.00 940.50 82.00 1353.00
7.50 123.75 32.50 536.25 57.50 948.75 82.50 1361.25
8.00 132.00 33.00 544.50 58.00 957.00 83.00 1369.50
8.50 140.25 33.50 552.75 58.50 965.25 83.50 1377.75
9.00 148.50 34.00 561.00 59.00 973.50 84.00 1386.00
9.50 156.75 34.50 569-25 59.50 981.75 84.50 1394.25
10.00 165.00 35.00 577.50 60.00 990.00 85.00 1402.50
10.50 173.25 35.50 585.75 60.50 998.25 85.50 1410.75
11.00 181.50 36.00 594.00 61.00 1006.50 86.00 1419-00
11.50 189.75 36.50 602.25 61.50 1014.75 86.50 1427.25
12.00 198.00 37.00 610.50 62.00 1023.00 87.00 1435.50
12.50 206.25 37.50 618.75 62.50 1031.25 87.50 1443.75
13.00 214.50 38.00 627.00 63.00 1039.50 88.00 1452.00
13.50 222.75 38.50 635.25 63.50 1047.75 88.50 1460.25
14.00 231.00 39.00 643.50 64.00 1056.00 89.00 1468.50
14 50 239.25 39.50 651.75 64.50 1064.25 89.50 1476.75
15.00 247.50 40.00 660.00 65.00 1072.50 90.00 1485.00
15.50 255.75 40.50 668.25 65.50 1080.75 90.50 1493.25
16.00 264.00 41.00 676.50 66.00 1089.00 91.00 1501.50
16.50 272.25 41.50 684.75 66.50 1097.25 91.50 1509.75
17.00 280.50 42.00 693.00 67.00 1105.50 92.00 1518.00
17.50 288.75 42.50 701.25 67.50 1113.75 92.50 1526.25
18.00 297.00 43.00 709.50 68.00 1122.00 93.00 1534.50
18.50 305.25 43.50 717.75 68.50 1130.25 93.50 1542.75
19.00 313.50 44.00 726.00 69.00 1138.50 94.00 1551.00
19.50 321.75 44.50 734.25 69.50 1146.75 94.50 1559.25
20.00 330.00 45.00 742.50 70.00 1155.00 95.00 1567.50
20.50 338.25 45.50 750.75 70.50 1163.25 95.50 1575.75
21.00 346.50 46.00 759.00 71.00 1171.50 96.00 1584.00
21.50 354.75 46.50 767.25 71.50 1179.75 96.50 1592.25
22.00 363.00 47.00 775.50 72.00 1188.00 97.00 1600.50
22.50 371.25 47.50 783.75 72.50 1196.25 97.50 1608.75
23.00 379.50 48.00 792.00 73.00 1204.50 98.00 1617.00
23.50 387.75 48.50 800.25 73.50 1212.75 98.50 1625.25
24.00 396.00 49.00 808.50 74.00 1221.00 99.00 1633.50
24.50 404.25 49.50 816.75 74.50 1229-25 99.50 1641.75
25.00 412.50 50.00 825-00 75.00 1237.50 100.00 1650.00
E-45
TABLE 7 CHAINS TO FEET
CHAINS FEET CHAINS FEET CHAINS FEET CHAINS I FEET
.25 16.50 24.50 1617.00 49.50 3267.00 75.00 4950.00
.50 33.00 25.00 1650.00 50.00 3300.00 75.50 4983.00
.75 49.50 25.50 1683.00 50.50 3333.00 76.00 5016.00
1.00 66.00 26.00 1716.00 51.00 3366.00 76.50 5049.00
1.50 99.00 26.50 1749.00 51.50. 3399.00 77.00 5082 0
2.00 132.00 27.00 1782.00 52.00 3432.00 77.50 5115.00
2.50 165.00 27.50 1815.00 52.50 3465.00 78.00 5148.00
3.00 198.00 28.00 1848.00 53.00 3498.00 78.50 5181.00
3.50 231.00 28.50 1881.00 53.50 3531.00 79.00 5214.00
4.00 264.00 29.00 1914.00 54.00 3564.00 79.50 5247.00
4.50 297.00 29.50 1947.00 54.50 3597.00 80.00 5280.00
5.00 330.00 30.00 1980.00 55.00 3630.00 80.50 5313.00
5.50 363.00 30.50 2013.00 55.50 3663.00 81.00 5346.00
6.00 396.00 31.00 2046.00 56.00 3696.00 81.50 5379.00
6.50 429.00 31.50 2079.00 56.50 3729.00 82.00 5412.00
7.00 462.00 32.00 2112.00 57.00 3762.00 82.50 5445.00
7.50 495.00 32.50 2145.00 57.50 3795.00 83.00 5478.00
8.00 528.00 33.00 2178.00 58.00 3828.00 83.50 5511.00
8.50 561.00 33.50 2211.00 58.50 3861.00 84.00 5544.00
9.00 594.00 34.00 2244.00 59.00 3894.00 84.50 5577.00
9.50 627.00 34.50 2277.00 59.50 3927.00 85.00 5610.00
10.00 660.00 35.00 2310.00 60.00 3960.00 85.50 3643.00
10.50 693.00 35.50 2343.00 60.50 3993.00 86.00 5676.00
11.00 726.00 36.00 2376.00 61.00 4026.00 86.50 5709.00
11.50 759.00 36.50 2409.00 61.50 4059.00 87.00 5742.00
12.00 792.00 37.00 2442.00 62.00 4092.00 87.50 5775.00
12.50 825.00 37.50 2475.00 62.50 4125.00 88.00 5808.00
13.00 858.00 38.00 2508.00 63.00 4158.00 88.50 5841.00
13.50 891.00 38.50 2541.00 63.50 4191.00 89.00 5874.00
14.00 924.00 39.00 2574.00 64.00 4224.00 89.50 5907.00
14.50 957.00 39.50 2607.00 64.50 4257.00 90.00 5940.00
15.00 990.00 40.00 2640.00 65.00 4290.00 90.50 5973.00
15.50 1023.00 40.50 2673.00 65.50 4323.00 91.00 6006.00
16.00 1056.00 41.00 2706.00 66.00 4356.00 91.50 6039.00
16.50 1089.00 41.50 2739.00 66.50 4389.00 92.00 6072.00
17.00 1122.00 42.00 2772.00 67.00 4422.00 92.50 6105.00
17.50 1155.00 42.50 2805.00 67.50 4455.00 93.00 6138.00
18.00 1188.00 43.00 2838.00 68.00 4488.00 93.50 6171.00
18.50 1221.00 43.50 2871.00 68.50 4521.00 94.00 6204.00
19.00 1254.00 44.00 2904.00 69.00 4554.00 94.50 6237.00
19.50 1287.00 44.50 2937.00 69.50 4587.00 95.00 6270.00
20.00 1320.00 45.00 2970.00 70.00 4620.00 95.50 6303.00
20.50 1353.00 45.50 3003.00 70.50 4653.00 96.00 6336.00
21.00 1386.00 46.00 3036.00 71.00 4686.00 96.50 6369.00
21.50 1419.00 46.50 3069.00 71.50 4719.00 97.00 6402.00
22.00 1452.00 47.00 3102.00 72.00 4752.00 97.50 6435.00
22.50 1485.00 47.50 3135.00 72.50 4785.00 98.00 6468.00
23.00 1518.00 48.00 3168.00 73.00 4818.00 98.50 6501.00
23.50 1551.00 48.50 3201.00 73.50 4851.00 99.00 6534.00
24.00 1584.00 49.00 3234.00 74.00 4884.00 99.50 6567.00
74.50 4917.00 100.00 6600.00
E-46
TABLE 8 DECIMAL EQUIVALENTS OF FRACTIONS
FRACTION DECIMAL FRACTION DECIMAL
1/64 0.015625 33/64 0.515625

1/32 2/64 0.03125 17/32 34/64 0.53125
3/64 0.046875 35/64 0.546875
1/16 2/32 4/64 0.0625 9/16 18/32 36/64 0.5625
5/64 0.078125 37/64 0.578125
3/32 6/64 0.09375 19/32 38/64 0.59375
7/64 0.109375 39/64 0.609375
1/8 2/16 4/32 8/64 0.125 5/8 10/16 20/32 40/64 0.625
9/64 0.140625 41/64 0.640625
5/32 10/64 0.15625 21/32 42/64 0.65625
11/64 0.171875 43/64 0.671875
3/ 16 6/32 12/64 0.1875 11/16 22/32 44/64 0.6875
13/64 0.203125 45/64 0.703125
7/32 14/64 0.21875 23/32 46/64 0.71875
15/64 0.234375 47/64 0.734375
1/4 4/16 8/32 16/64 0.25 3/4 12/16 24/32 48/64 0.75
17/64 0.265625 49/64 0.765625
9/32 18/64 0.28,125 25/32 50/64 0.78125
19/64 0.296875 51/64 0.796875
5/16 10/32 20/64 0.3125 13/16 26/32 52/64 0.8125
21/64 0.328125 53/64 0.828125
11/32 22/64 0.34375 27/32 54/64 0.84375
23/64 0359375 55/64 0.859375
3/8 6/16 12/32 24/64 0.375 14/16 28/32 56/64 0.875
25/64 0.390625 57/64 0.890625
13/32 26/64 0.40625 29/32 58/64 0.90625
27/64 0.421875 59/64 0.921875
7/16 14/32 28/64 0.4375 15116 30/32 60/64 0.9375
29/64 0.453125 61/64 0.953125
15/32 30/64 0.46875 31/32 62/64 0.96875
31/64 0.484375 63/64 0.984375
1/2 8/16 16/32 32/64 0.50 1 16/16 32/32 64/64 1.0
To change a fraction to a decimal divide the numerator by the denominator and

write the quotient in decimal form.
Example: 3/5 = 3 5 = .60 Example: 1/7 = 1 7 = .142857
E-47
TABLE 9 MAP SCALE CONVERSIONS
MAP SCALE STATUTE MILES KILOMETERS RATIO
Inches to Feet Per Inch Per Inch
*1 = 50 .0095 .0153 1:600

*1 = 100 .0189 .0305 1:1200
1 = 167 .0316 .0508 1:2000
*1 = 200 .0379 .0610 1:2400
1 = 300 .0568 .0914 1:3600
*1 = 400 .0758 .1219 1:4800

1 = 417 .0789 .1270 1:5000
1 = 500 .0947 .1524 1:6000
1 = 600 .1136 .1829 1:7900
1 = 660 .1250 .2012 1:7920
*1 = 800 .1315 .2438 1:9600

1 = 833 .1578 .2540 1:10000
1 = 880 .1667 .2680 1:10560
1 = 1000 .1894 .3050 1:12000
1 = 1320 .2500 .4020 1:15840
1 = 1666 .3156 .5080 1:20000

1= 1760 .3333 .5360 1:21120
*1= 2000 .3788 .6100 1 :24000**
1= 2083 .3945 .6350 1:25000
1= 2640 .5000 .8040 1:31680
1= 4000 .7575 1.2190 1:48000**

1= 5208 .9864 1.5870 1:62500**
1 = 5280 1.0000 1.6090 1:63360
1 = 6250 1.1837 1.9050 1:75000
1 = 6666 1.2626 2.0320 1:80000
1 = 8333 1.5780 2.5400 1:100000

1= 20856 3.9500 6.3570 1:250000**
1= 26400 5.0000 8.0500 1:316000
1= 41666 7.8910 12.7000 1:500000
1= 83333 15.7830 25.4000 1:1000000
* Denotes state standard map scales.

** Denotes U.S.G.S. map scales.
NOTE: The designation of quadrangle maps by minutes (such as 30 minute quad.) does
not denote scale, rather, it denotes the geographical area covered in minutes of longitude.
E-48
TABLE 10 RADIANS TO DEGREES, MINUTES & SECONDS
& RADIANS TO DEGREES IN DECIMALS
RAD. RAD. RAD. RAD. RAD.
1 57 17 44 .1 5 43 46 .01 0 34 22 .001 0 03 26 .0001 0 00 20

2 114 35 29 .2 11 27 33 .02 1 08 45 .002 0 06 52 .0002 0 00 41
3 171 53 14 .3 17 11 19 .03 1 43 07 .003 0 10 18 .0003 0 01 01
4 229 10 59 .4 22 55 05 .04 2 17 30 .004 0 13 45 .0004 0 01 22
5 286 28 44 .5 28 38 52 .05 2 51 53 .005 0 17 11 .0005 0 01 4l
6 343 46 28 .6 34 22 38 .06 3 26 15 .006 0 20 37 .0006 0 02 03
7 401 04 13 .7 40 06 25 .07 4 00 38 .007 0 24 03 .0007 0 02 24
8 458 21 58 .8 45 50 11 .08 4 35 01 .008 0 27 30 .0008 0 02 45
9 515 39 43 .9 51 33 58 .09 5 09 23 .009 0 30 56 .0009 0 03 05
RADIANS TO DEGREES IN DECIMALS

RAD. DEGREE
1 57.2958
2 114.5916
3 171.8873
4 229.1832
5 286.4789
6 343.7747
7 401.0705
8 458.3662
9 515.6620
E-49
TABLE 11 DEGREES, MINUTES SECONDS TO RADIANS
DEGREE RADIAN MIN. RADIAN SEC. RADIAN
1 0.01745 33 1 0.00029 09 1 0.00000 48

2 0.03490 66 2 0.00058 18 2 0.00000 97
3 0.05235 99 3 0.00087 27 3 0.00001 45
4 0.06981 32 4 0.00116 36 4 0.00001 94
5 0.08726 65 5 0.00145 44 5 0.00002 42
6 0.10471 98 6 0.00174 53 6 0.00002 91
7 0.12217 30 7 0.00203 62 7 0.00003 39
8 0.13962 63 8 0.00232 71 8 0.00003 88
9 0.15707 96 9 0.00261 80 9 0.00004 36
10 0.17453 30 10 0.00290 89 10 0.00004 85
20 0.34906 59 20 0.00581 78 20 0.00009 70
30 0.52359 88 30 0.00872 66 30 0.00014 54
40 0.69813 17 40 0.01163 55 40 0.00019 39
50 0.87266 46 50 0.01454 44 50 0.00024 24
60 1.04719 76 60 0.01745 33 60 0.00029 09
70 1.22173 05
80 1.39626 34
90 1.57079 63
1 = 0.01745 32925 19943 radians

1 = 60; 1 = 3600
1 radian = 57 17 44 .80625
radians =180; 180 = radians in 1; 180 = deg. in 1 rad.
1/ = 0.56418958; = 1.46459189; r = 2.14502940
E-50
TABLE 12 COMPASS CONVERSIONS: CARDINAL TO ANGULAR
CARDINAL INTERCARDINAL ANGULAR MEASURE
POINTS POINTS Degrees Minutes
North 0 0
N. by E. 11 15
N.N.E. 22 30
N.E. by N. 33 45
N.E. 45 0
N.E. by E. 56 15
E.N.E. 67 30
E. by N. 78 45
East 90 0
E. by S. 101 15
E.S.E. 112 30
S.E. by E. 123 45
S.E. 135 0
S.E. by S. 146 15
S.S.E. 157 30
S. by E. 168 45
South 180 0
S. by W. 191 15
S.S.W. 202 30
S.W. by S. 213 45
S.W 225 0
S.W by W. 236 15
W.S.W. 247 30
W. by S. 258 45
West 270 0
W. by N. 281 15
W.N.W. 292 30
N.W. by W. 303 45
N.W. 315 0
N.W. by N. 326 15
N.N.W. 337 30
N. by W. 348 45
North 360 0
See table 13 for compass conversions to bearings.
E-51
TABLE 13 COMPASS CONVERSIONS: CARDINAL TO BEARINGS
CARDINAL INTERCARDINAL
BEARINGS
POINTS POINTS
North 0
N.E. by E. N.11 15E.
N.N.E. N.22 30E.
N.E. by N. N.33 45E.
N.E. N.45 00E.
N.E. by E. N.56 15E.
E.N.E. N.67 30E.
E. by N. N.78 45E.
East 90
E. by S. S. 78 45E.
E.S.E. S. 67 30E.
S.E. by E. S. 56 15E.
S.E. S. 45 00E.
S.E. by S. S. 33 45E.
S.S.E. S. 22 30E.
S. by E. S. 11 15E
South 0
S. by W. S. 11 15W.
S.S.W. S. 22 30W.
S.W. by S. S. 33 45W.
S.W. , S. 45 00W.
S.W. by W. S. 56 15W.
W.S.W. S. 67 30W.
W. by S. S. 78 45W.
West 90
W. by N. N. 78 45W.
W.N.W. N. 67 30W.
N.W. by W. N. 56 15W.
N.W. N. 45 00W.
N.W. by N. N. 33 45W.
N.N.W. N. 22 30W.
N. by W. N. 11 15W.
See table 12 for compass conversions to angular measure.
E-52
TABLE 14 DEGREE OF CURVE TO RADII
0 to 2.25 2.30 to 6.50

CURVE CURVE DEFINED CURVE CURVE DEFINED
DEFINED IN IN RADII DEFINED IN IN RADII
DECIMALS (in feet) DECIMALS (in feet)
OF DEGREES DEGREES MINUTES OF DEGREES DEGREES MINUTES
0.05 0 03 114,591.599 2.30 2 18 2,491.121

0.10 0 06 57,295.780 2.35 2 21 2,438.118
0.15 0 09 38,197.186 2.40 2 24 2,387.324
0.20 0 12 28,647.890 2.45 2 27 2,338.603
0.25 0 15 22,918.312 2.50 2 30 2,291.831
0.30 0 18 19,098.593 2.55 2 33 2,246.893

0.35 0 21 16,370.223 2.60 2 36 2,203.684
0.40 0 24 14,323.945 2.65 2 39 2,162.105
0.45 0 27 12,732.395 2.70 2 42 2,122.066
0.50 0 30 11,459.156 2.75 2 45 2,083.483
0.55 0 33 10,417.414 2.80 2 48 2,046.278

0.60 0 36 9,549.297 2.85 2 51 2,010.378
0.65 0 39 8,814.735 2.90 2 54 1,975.717
0.70 0 42 8,185.111 2.95 2 57 1,942.230
0.75 0 45 7,639.437 3.00 3 00 1,909.859
0.80 0 48 7,161.972 3.05 3 03 1,878.550

0.85 0 51 6,740-680 3.10 3 06 1,848.1-51
0.90 0 54 6,366.198 3.15 3 09 1,818.914
0.95 0 57 6,031.135 3.20 3 12 1,790.493
1.00 1 00 5,729.578 3.25 3 is 1,762.947
1.05 1 03 5,456.741 3.30 3 18 1,736.236

1.10 1 06 5,208.707 3.35 3 21 1,710.322
1.15 1 09 4,982.242 3.40 3 24 1,685.170
1.20 1 12 4,774.648 3.45 3 27 1,660.747
1.25 1 15 4,583.662 3.50 3 30 1,637.022
1.30 1 18 4,407.368 3.55 3 33 1,613.966

1.35 1 21 4,244.132 3.60 3 36 1,591.549
1.40 1 24 4,092.556 3.65 3 39 1,569.747
1.45 1 27 3,951.433 3.70 42 1,548.535
1.50 1 30 3,819.719 3.75 3 45 1,527.887
1.55 1 33 3,696.502 3.80 3 48 1,507.784

1.60 1 36 3,580.936 3.85 3 51 1,488.202
1.65 1 39 3,472.471 3.90 3 54 1,469-123
1.70 1 42 3,370.340 3.95 3 57 1,450.526
1.75 1 45 3,274.045 4.00 4 00 1,43-2.394
1.80 1 48 3,183.099 4.25 4 15 1,348.136

1.85 1 51 3,097.069 4.50 4 30 1,273.240
1.90 1 54 3,015.567 4.75 4 45 1,206.227
1.95 1 57 2,938.245 5.00 5 00 1,145.916
2.00 2 00 2,864.789 5.25 5 15 1,091.348
2.05 2 03 2,794.916 5.50 5 30 1,041.741

2.10 2 06 2,728.370 5.75 5 45 996.448
2.15 2 09 2,664-920 6.00 6 00 954.930
2.20 2 12 2,604.354 6.25 6 15 916.732
2.25 2 15 2:546.479 6.50 6 30 881.474
E-53
TABLE 14 DEGREE OF CURVE TO RADII (Continued)
6.75 to 17.75 18 to 29
6.75 6 45 848.826 18.00 18 00 318.310

7.00 7 00 818.511 18.25 18 15 313.949
7.25 7 15 790.287 18.50 18 30 309.707
7.50 7 30 763.944 18.75 18 45 305.577
7.75 7 45 739.300 19.00 19 00 301.557
8.00 8 00 716.197 19.25 19 15 297.640

8.25 8 15 694.494 19.50 19 30 293.825
8.50 8 30 674.068 19.75 19 45 290.105
8.75 8 45 654.809 20.00 20 00 286.479
9.00 9 00 636.620 20.25 20 15 282.942
9.25 9 15 619.414 20.50 20 30 279.492

9.50 9 30 603.113 20.75 20 45 276.124
9.75 9 45 587.649 21.00 21 00 272.837
10.00 10 00 572.958 21.25 21 15 269.627
10.25 10 15 558.983 21.50 21 30 266.492
10.50 10 30 545.674 21.75 21 45 263.429

10.75 10 45 532.984 22.00 22 00 260.435
11.00 11 00 520.871 22.25 22 15 257.509
11.25 11 15 509.296 22.50 22 30 254.648
11.50 11 30 498.224 22.75 22 45 251.850
11.75 11 45 487.624 23.00 23 00 249.112

12.00 12 00 477.465 23.25 23 15 246.433
12.25 12 15 467.721 23.50 23 30 243.812
12.50 12 30 458.366 23.75 23 45 241.245
12.75 12 45 449.379 24.00 24 00 238.732
13.00 13 00 440.737 24.25 24 15 236.271

13.25 13 15 432.421 24.50 24 30 233.860
13.50 13 30 424.413 24.75 24 45 231.498
13.75 13 45 416.697 25.00 25 00 229.183
14.00 14 00 409.256 25.25 25 15 226.914
14.25 14 15 402.076 25.50 25 30 224.689

14.50 14 30 395.143 25.75 25 45 222.508
14.75 14 45 388.446 26.00 26 00 220.368
15.00 15 00 381.972 26.25 26 15 218.270
15.25 15 15 375.710 26.50 26 30 216.210
15.50 15 30 369.650 26.75 26 45 214.190

15.75 15 45 363.783 27.00 27 00 212.207
16.00 16 00 358.099 27.25 27 15 210.260
16.25 16 15 352.589 27.50 27 30 208.348
16.50 16 30 347.247 27.75 27 45 206.471
16.75 16 45 342.064 28.00 28 00 204.628

17.00 17 00 337.034 28.25 28 15 202.817
17.25 17 15 332.149 28.50 28 30 201.038
17.50 17 30 327.404 28.75 28 45 199.290
17.75 17 45 322.793 29.00 29 00 197.572
E-54
29.25 to 40.25 40.50 to 51.50

29.25 29 15 195.883 40.50 40 30 141.471

29.50 29 30 194.223 40.75 40 45 140.603
29.75 29 45 192.591 41.00 41 00 139.746
30.00 30 00 190.986 41.25 41 15 138.899
30.25 30 15 189.408 41.50 41 30 138.062
30.50 30 30 187.855 41.75 41 45 137.235

30.75 30 45 186.328 42.00 42 00 136.419
31.00 31 00 184.825 42.25 42 15 135.611
31.25 31 15 183.346 42.50 42 30 134.814
31.50 31 30 181.891 42.75 42 45 134.025
31.75 31 45 180.459 43.00 43 00 133.246

32.00 32 00 179.049 43.25 43 15 132.476
32.25 32 15 177.661 43.50 43 30 131.714
32.50 32 30 176.295 43.75 43 45 130.962
32.75 32 45 174.949 44.00 44 00 130.218
33.00 33 00 173.624 44.25 44 15 129.482

33.25 33 15 172.318 44.50 44 30 128.755
33.50 33 30 171.032 44.75 44 45 128.035
33.75 33 45 169.765 45.00 45 00 127.324
34.00 34 00 168.517 45.25 45 15 126.621
34.25 34 15 167.287 45.50 45 30 125.925

34.50 34 30 166.075 45.75 4S 45 125.237
34.75 34 45 164.880 46.00 46 00 124.556
35.00 35 00 163.702 46.25 46 15 123.883
35.25 35 15 162.541 46.50 46 30 123.217
35.50 35 30 161.397 46.75 46 45 122.558

35.75 35 45 160.268 47.00 47 00 121.906
36.00 36 00 I59.155 47.25 47 15 121.261
36.25 36 15 158.057 47.50 47 30 120.623
36.50 36 30 156.975 47.75 47 45 119.991
36.75 36 45 155.907 48.00 48 00 119.366

37.00 37 00 154.853 48.25 48 15 118.748
37.25 37 15 153.814 48.50 48 30 118.136
37.50 37 30 152.789 48.75 48 45 117.530
37.75 37 45 151.777 49.00 49 00 116.930
38.00 38 00 150.778 49.25 49 15 116.337

38.25 38 15 149.793 49.50 49 30 115.749
38.50 38 30 148.820 49.75 49 45 115.167
38.75 38 45 147.860 50.00 50 00 114.592
39.00 39 00 146.912 50.25 50 15 114.021
39.25 39 15 145.977 50.50 50 30 113.457

39.50 39 30 145.053 50.75 50 45 112.898
39.75 39 45 144.140 51.00 51 00 112.345
40.00 40 00 143.239 51.25 51 15 111.797
40.25 40 15 142.350 51.50 51 30 111.254
E-55
51.75 to 62.75 63 to 74
51.75 51 45 110.716 63.00 63 00 90.946

52.00 52 00 110.184 63.25 63 15 90.586
52.25 52 15 109.657 63.50 63 30 90.230
52.50 52 30 109.135 63.75 63 45 89.876
52.75 52 45 108.618 64.00 64 00 89.525
53.00 53 00 108.105 64.25 64 15 89.176

53.25 53 15 107.598 64.50 64 30 88.831
53.50 53 30 107.095 64.75 64 45 88.488
53.75 53 45 106.597 65.00 65 00 88.147
54.00 54 00 106.103 65.25 65 15 87.810
54.25 54 15 105.614 65.50 65 30 87.474

54.50 54 30 105.130 65.75 65 45 87.142
54.75 54 45 104.650 66.00 66 00 86.812
55.00 55 00 104.175 66.25 66 15 86.484
55.25 55 15 103.703 66.50 66 30 86.159
55.50 55 30 103.236 66.75 66 45 85.836

55.75 55 45 102.773 67.00 67 00 85.516
56.00 56 00 102.314 67.25 67 15 85.198
56.25 56 15 101.859 67.50 67 30 84.883
56.50 56 30 101.408 67.75 67 45 84.569
56.75 56 45 100.962 68.00 68 00 84.258

57.00 57 00 100.519 68.25 68 45 83.950
57.25 57 15 100.080 68.50 68 30 83.643
57.50 57 30 99.645 68.75 68 15 83.339
57.75 57 45 99.213 69.00 69 00 83.037
58.00 58 00 98.786 69.25 69 15 82.738

58.25 58 15 98.362 69.50 69 30 82.440
58.50 58 30 97.942 69.75 69 45 82.144
58.75 58 45 97.525 70.00 70 00 81.851
59.00 59 00 97.111 70.25 70 15 81.560
59.25 59 15 96.702 70.50 70 30 81.271

59.50 59 30 96.295 70.75 70 45 80.983
59.75 59 45 95.893 71.00 71 00 80.698
60.00 60 00 95.493 71.25 71 15 80.415
60.25 60 15 95.097 71.50 71 30 80.134
60.50 60 30 94.704 71.75 71 45 79.855

60.75 60 45 94.314 72.00 72 00 79.577
61.00 61 00 93.928 72.25 72 15 79.302
61.25 61 15 93.544 72.50 72 30 79.029
61.50 61 30 93.164 72.75 72 45 78.757
61.75 61 45 92.787 73.00 73 00 78.487

62.00 62 00 92.413 73.25 73 15 78.219
62.25 62 15 92.041 73.50 73 30 77.953
62.50 62 30 91.673 73.75 73 45 77.689
62.75 62 45 91.308 74.00 74 00 77.427
E-56
74.25 to 85.25 85.50 to 96.50

74.25 74 15 77.166 85.50 85 .30 67.013

74.50 74 30 76.907 85.75 85 45 66.817
74.75 74 45 76.650 86.00 86 00 66.623
75.00 75 00 76.394 86.25 86 15 66.430
75.25 75 15 76.141 86.50 86 30 66.238
75.50 75 30 75.888 86.75 86 45 66.047

75.75 75 45 75.638 87.00 87 00 65-857
76.00 76 00 75.389 87-25 87 15 65.669
76.25 76 15 75.142 87.50 87 30 65.481
76.50 76 30 74.896 87.75 87 45 65.294
76.75 76 45 74.652 88.00 88 00 65.109

77.00 77 00 74.410 88.25 88 15 64-924
77.25 77 15 74.169 88.50 88 30 64.741
77.50 77 30 73.930 88.75 88 45 64.559
77.75 77 45 73.692 89.00 89 00 64.377
78.00 78 00 73.456 89.25 89 15 64.197

78.25 78 15 73.221 89.50 89 30 64.018
78.50 78 30 72.988 89.75 89 45 63.839
78.75 78 45 72.757 90.00 90 00 63.662
79.00 79 00 72.526 90-25 90 15 63.486
79.25 79 15 72.298 90.50 90 30 63.310

79.50 79 30 72.070 90.75 90 45 63.136
79.75 79 45 71.844 91.00 91 00 62.962
80.00 80 00 71.620 91.25 91 15 62.790
80.25 80 15 71-397 91.50 91 30 62.618
80.50 80 30 71.17S 91.75 91 45 62.448

80.75 80 45 70.955 92.00 92 00 62.278
81.00 81 00 70.736 92.25 92 15 62.109
81.25 81 15 70.518 92.50 92 30 61.941
81.50 81 30 70.302 92.75 92 45 61.774
81.75 81 45 70.087 93.00 93 00 61.608

82.00 82 00 69.873 93.25 92 15 61.443
82.25 82 15 69.661 93.50 93 30 61.279
82.50 82 30 69.449 93.75 93 45 61.115
82.75 82 45 69.240 94.00 94 00 60.953
83.00 83 00 69.031 94.25 94 15 60.791

83.25 83 15 68.824 94.50 94 30 60.630
83.50 83 30 68.618 94.75 94 45 60.470
83.75 83 45 68.413 95.00 95 00 60.311
84.00 84 00 68.209 95.25 95 Is 60.153
84.25 84 15 68.007 95.50 95 30 59.996

84.50 84 30 67.806 95.75 95 45 59.839
84.75 84 45 67.606 96.00 96 00 59.683
85.00 85 00 67.407 96.25 96 15 59.928
85.25 85 15 67.209 96.50 96 30 59.374
E-57
96.75 to 98.25 98.50 to 100

98.50 98 30 58.168 96.75 96 45 59.220

98.75 98 45 58.021 97.00 97 00 59.068
99.00 99 00 57.875 97.25 97 15 58.916
97.50 97 30 58.765
99.25 99 15 57.729 97.75 97 45 58.615
99.50 99 330 57.439
99.75 99 45 57.439 98.00 98 00 58.465
100.00 100 00 57.296 98.25 98 15 58.316
RADII FORMULA
The radius of a one degree curve is 5, 729.57795+ feet. To find radii for other
degree curves, divide the foregoing radius by the desired degree of curve.
E-58
TABLE 15 LAMBERT CONFORMAL PROJECTION
OREGON NORTH ZONE
TABULAR
Y 1 MINUTE
DIFFERENCE FOR SCALE
R Y VALUE ON OF
LATITUDE 1 SECOND OF EXPRESSED AS
(feet) CENTRAL MERIDIAN IN FEET
LATITUDE A RATIO
(feet) (Approx.)
(feet)
43 40 21,383,852.48 0 101.27783 6219 1.0002340
41 21,377,775.81 6,076.67 101.27733 1.0002265
42 21,371,699.17 12,153.31 101.27683 1.0002191
43 21,365,622.56 18,229.92 101.27650 1.0002118
44 21,359,545.97 24,306.51 101.27600 1.0002046
43 45 21,353,469.41 30,383.07 101.27550 1.0001975

46 21,347,392.88 36,459.60 101.27517 1.0001904
47 21,341,316.37 42,536.11 101.27483 1.0001834
48 21,335,239.88 48,612.60 101.27433 1.0001766
49 21,329,163.42 34,689.06 101.27400 1.0001698
43 50 21,323,086.98 60,765.50 101.27367 6202 1.0001631

51 21,317,010.56 66,841.92 101.27333 1.0001565
52 21,310,934.16 72,518.32 101.27283 1.0001499
53 21,304,857.79 78,994.69 101.27267 1.0001434
54 21,298,781.43 85,071.05 101.27217 1.0001370
43 55 21,292,705.10 91,147.38 101.27183 1.0001307

56 21,286,628.78 97,223.69 101.27167 1.0001245
57 21,280,552.49 103,299.99 101.27117 1.0001184
58 21,274,476.22 109,376.26 101.27100 1.0001123
59 21,268,399.96 115,452.52 101.27050 1.0001064
44 00 21,262,323.73 121,528.75 101.27033 6184 1.0001005

01 21,256,247.51 127,604.97 101.27017 1.0000947
02 21,250,171.30 133,681.18 101.26983 1.0000889
03 21,244,095.11 139,757.37 101.26950 1.0000833
04 21,238,018.94 145,833.54 101.26917 1.0000777
44 05 21,231,942.79 151,909.69 101.26900 1.0000722

06 21,225,866.65 157,985.83 101.26883 1.0000668
07 21,219,790.52 164,061.96 101.26850 1.0000615
08 21,213,714.41 170,138.07 101.26817 1.0000563
09 21,207,638.32 176,214.16 101.26817 1.0000511
44 10 21,201,562.23 182,290.25 101.26783 6167 1.0000461

11 21,195,486.16 188,366.32 101.26767 1.0000411
12 21,189,410.10 194,442.38 101.26750 1.0000362
13 21,183,334.05 200,518.43 101.26733 1.0000314
14 21,177,258.01 206,594.47 101.26717 1.0000267
44 15 21,171,181.98 212,670.50 101.26683 1.0000220

16 21,165,105.97 218,746.51 101.26683 1.0000174
17 21,I59,029.96 224,822.52 101.26667 1.0000130
18 21,152,953.96 230,898.52 101.26650 1.0000086
19 21,146,877.97 236,974.51 101.26633 1.0000042
44 20 21,140,801.99 243,050.49 101.26633 6149 1.0000000

21 21,134,726.01 249,126.47 101.26617 0.9999959
22 21,128,650.04 255,202.44 101.26600 0.9999918
23 21,122,574.08 261,278.40 101.26583 0.9999878
24 21,116,498.13 267,354.35 101.26583 0.9999839
E-59
OREGON NORTH ZONE (Continued)
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
44 25 21,110,422.18 273,430.30 101.26583 0.9999801
26 21,104,346.23 279,506.25 101.26567 0.9999763
27 21,098,270.29 285,582.19 101.26550 0.9999726
28 21,092,194.36 291,658.12 101.26550 0.9999691
29 21,086,118.43 297,734.05 101.26550 0.9999656
44 30 21,080,042.50 303,809.98 101.26550 6132 0.9999622

31 21,073,966.57 309,885.91 101.26550 0.9999589
32 21,067,890.64 315,961.84 101.26533 0.9999556
33 21,061,814.72 322,037.76 101.26550 0.9999525
34 21,055,738.79 328,113.69 101.26533 0.9999494
44 35 21,049,662.87 334,189.61 101.26533 0.9999464

36 21,043,586.95 340,265.53 101.26550 0.9999435
37 21,037,511.02 346,341.46 101.26533 0.9999407
38 21,031,435.10 352,417.38 101.26550 0.9999379
39 21,025,359.17 358,493.31 101.26550 0.9999353
44 40 21,019,283.24 364,569.24 101.26550 6115 0.9999327

41 21,013,207.31 370,645.17 101.26550 0.9999302
42 21,007,131.38 376,721.10 101.26567 0.9999278
43 21,001,055.44 382,797.04 101.26567 0.9999253
44 20,994,979.50 388,872.98 101.26583 0.9999233
44 45 20,988,903.55 394,948.93 101.26583 0.9999211

46 20,982,827.60 401,024.88 101.26600 0.9999191
47 20,976,751.64 407,100.84 101.26600 0.9999171
48 20,970,675.68 413,176.80 101.26617 0.9999152
49 20,964,599.71 419,252.77 101.26633 0.9999134
44 50 20,958,523.73 425,328.75 101.26650 6097 0.9999116

51 20,952,447.74 431,404.74 101.26650 0.9999100
52 20,946,371.75 437,480.73 101.26667 0.9999084
53 20,940,295.75 443,556.73 101.26683 0.9999069
54 20,934,219.74 449,632.74 101.26700 0.9999055
44 55 20,928,143.72 455,708.76 101.26733 0.9999042

56 20,922,067.68 461,784.80 101.26733 0.9999030
57 20,915,991.64 467,860.84 101.26750 0.9999018
58 20,909,915.59 473,936.89 101.26783 0.9999008
59 20,903,839.52 480,012.93 101.26800 0.9998998
45 00 20,897,763.44 486,089.04 101.26817 6080 0.9998989

01 20,891,687.35 492,165.13 101.26833 0.9998981
02 20,885,611.25 498,241.23 101.26867 0.9998974
03 20,879,535.13 504,317.35 101.26883 0.9998967
04 20,873,459.00 510,393.48 101.26917 0.9998962
45 05 20,867,382.85 516,469.63 101.26933 0.9998957

06 20,861,306.69 522,545.79 101.26967 0.9998953
07 20,855,230.51 528,621.97 101.26983 0.9998950
08 20,849,154.32 534,698.16 101.27033 0.9998948
09 20,843,078.10 540,774.38 101.27050 0.9998946
E-60
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
45 10 20,837,001.87 546,850.61 101.27067 6062 0.9998946
11 20,830,925.63 552,926.85 101.27117 0.9998946
12 20,824,849.36 559,003.12 101.27133 0.9998947
13 20,818,773.08 565,079.40 101.27183 0.9998949
14 20,812,696.77 571,155.71 101.27200 0.9998952
45 15 20,806,620.45 577,232.03 101.27250 0.9998956

16 20,800,544.10 583,308.38 101.27267 0.9998960
17 20,794,467.74 589,384.74 101.27317 0.9998966
18 20,788,391.35 595,461.13 101.27350 0.9998972
19 20,782,314.94 601,537.54 101.27383 0.9998979
45 20 20,776,238.51 607,613.97 101.27417 6044 0.9998987

21 20,770,162.06 613,690.42 101.27467 0.9998996
22 20,764,085.58 619,766.90 101.27517 0.9999005
23 20,758,009.07 625,843.41 101.27533 0.9999016
24 20,751,932.55 631,919.93 101.27600 0.9999027
45 25 20,745.855.99 637,996.49 101.27617 0.9999039

26 20,739,779.42 644,073.06 101.27683 0.9999052
27 20,733,702.81 650,149.67 101.27717 0.9999066
28 20.727,626.18 656,226.30 101.27767 0.9999081
29 20,721,549.52 662,302.96 101.27800 0.9999096
45 30 20,715,472.84 668,379.64 101.27867 6026 0.9999113

31 20,709,396.12 674,456.36 101.27900 0.9999130
32 20,703,319.38 680,533.10 101.27950 0.9999148
33 20,697,242.61 686,609.87 101.28000 0.9999167
34 20,691,165.81 692,686.67 101.28050 0.9999187
45 35 20,685,088.98 698,763.50 101.28117 0.9999207

36 20,679,012.11 704,840.37 101.28150 0.9999229
37 20,672,935.22 710,917.26 101.28217 0.9999251
38 20,666,858.29 716,994.19 101.28267 0.9999274
39 20,660,781.33 723,071.15 101.28317 0.9999298
45 40 20,654,704.34 729,148.14 101.28367 6008 0.9999323

41 20,648,627.32 735,225.16 101.28433 0.9999349
42 20,642,550.26 741,302.22 101.28483 0.9999376
43 20,636,473.17 747,379.31 101.28550 0.9999403
44 20,630,396.04 753,456.44 101.28600 0.9999431
45 45 20,624,318.88 759,533.60 101.28667 0.9999461

46 20,618,241.68 765,610.80 101.28733 0.9999490
47 20,612,164.44 771,688.04 101.28783 0.9999521
48 20,606,087.17 777,765.31 101.28850 0.9999553
49 20,600,009.86 783,842.62 101.28917 0.9999586
45 50 20,593,932.51 789,919.97 101.28983 5991 0.9999619

51 20,587,855.12 795,997.36 101.29033 0.9999653
52 20,581,777.70 802,074.78 101.29117 0.9999688
53 20,575,700.23 808,152.25 101.29167 0.9999724
54 20,569,622.73 814,229.75 101.29250 0.9999761
E-61
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
45 55 20,563,545.18 820,307.30 101.29317 0.9999799
56 20,557,467.59 826,384.89 101.29383 0.9999837
57 20,551,389.96 832,462.52 101.29450 0.9999877
58 20,545,312.29 838,540.19 101.29517 0.9999917
59 20,539,234.58 844,617.90 101.29600 0.9999958
46 00 20,533,156.82 850,695.66 101.29667 5973 1.0000000

01 20,527,079.02 856,773.46 101.29733 1.0000043
02 20,521,001.18 862,851.30 101.29817 1.0000086
03 20,514,923.29 868,929.19 101.29900 1.0000131
04 20,508,845.35 875,007.13 101.29967 1.0000176
46 05 20,502,767.37 881,085.11 101.30050 1.0000223

06 20,496,689.34 887,163.14 I01.30117 1.0000270
07 20,490,611.27 893,241.21 101.30217 1.0000318
08 20,484,533.14 899,319.34 101.30267 1.0000366
09 20,478,454.98 905,397.50 101.30367 1.0000416
46 10 20,472,376.76 911,475.72 101.30450 5955 1.0000467

11 20,466,298.49 917,553.99 101.30533 1.0000518
12 20,460,220.17 923,632.31 101.30600 1.0000570
13 20,454,141.81 929,710.67 101.30700 1.0000623
14 20,448,063.39 935,789.09 101.30783 1.0000677
46 15 20,441,984.92 941,867.56 101.30867 1.0000732

16 20,435,906.40 947,946.08 101.30950 1.0000788
17 20,429,827.83 954,024.65 101.31050 1.0000844
18 20,423,749.20 960,103.28 101.31117 1.0000902
19 20,417,670.53 966,181.95 101.31217 1.0000960
46 20 20,411,591.80 972,260.68 101.31317 5937 1.0001019

21 20,405,513.01 978,339.47 101.31400 1.0001079
22 20,399,434.17 984,418.31 101.31483 1.0001140
23 20,393,355.28 990,497.20 101.31600 1.0001201
24 20,387,276.32 996,576.16 101.31667 1.0001264
4625 20,381,197.32 1,002,655.16 101.31783 1.0001328

26 20,375,118.25 1,008,734.23 101.31867 1.0001392
27 20,369,039.13 1,014,813.35 101.31967 1.0001457
28 20,362,959.95 1,020,892.53 101.32067 1.0001523
29 20,356,880.71 1,026,971.77 101.32150 1.0001590
30 20,350,801.42 1,033,051.06 5919 1.0001658
R = The radius for the latitude of the station.
E-62
TABLE 16 LAMBERT CONFORMAL PROJECTION - OREGON NORTH ZONE
For 1 of LONGITUDE = 0. 70918602 of
Long. Long. Long.
116 00 +3 11 2.8135 116 46 +2 38 51.4601 117 31 +2 06 56.6579
01 +3 10 46.2624 47 +2 38 08.9089 32 +2 06 14.1067
02 +3 10 03.7112 48 +2 37 26.3578 33 +2 05 31.5555
03 +3 09 21.1600 49 +2 36 43.8066 34 +2 04 49.0044
04 +3 08 38.6089 50 +2 36 01.2555 35 +2 04 06.4532
05 +3 07 56.0577
116 51 +2 35 18.7043 117 36 +2 03 23.9020
116 06 +3 07 13.5066 52 +2 34 36.l531 37 +2 02 41.3509
07 +3 06 30.9544 53 +2 33 53.6020 38 +2 01 58.7997
08 +3 05 48.4042 54 +2 33 11.0508 39 +2 01 16.2486
09 +3 05 05.8531 55 +2 32 28.4997 40 +2 00 33.6974
10 +3 04 23.3019
116 56 +2 31 45.9485 117 41 +1 59 51.1462
116 11 +3 03 40.7508 57 +2 31 03.3973 42 +1 59 08.5951
12 +3 02 58.1996 58 +2 30 20.8462 43 +1 58 26.0439
13 +3 02 15.6484 59 +2 29 38.2950 44 +1 57 43.4928
14 +3 01 33.0973 45 +1 57 00.9416
15 +3 00 50.5461 117 00 +2 28 55.7439
01 +2 28 13.1927 117 46 +1 56 18.3904
116 16 +3 00 07.9949 02 +2 27 30.6415 47 +1 55 35.8393
17 +2 59 25.4438 03 +2 26 48.0904 48 +1 54 53.2881
18 +2 58 42.8926 04 +2 26 05.5392 49 +1 54 10.7370
19 +2 58 00.3415 05, +2 25 22.9880 50 +1 53 28.1858
20 +2 57 17.7903
117 06 +2 24 40.4369 117 51 +1 52 45.6346
116 21 +2 56 35.2391 07 +2 23 57.8857 52 +1 52 03.0835
19 +2 55 52.6880 08 +2 23 15.3346 53 +1 51 20.5323
23 +2 55 10.1368 09 +2 22 32.7834 54 +1 50 37.9811
24 +2 54 27.5857 10 +2 21 50.2322 55, +1 49 55.4300
25 +2 53 45.0345
117 11 +2 21 07.6811 117 56 +1 49 12.8788
116 26 +2 53 02.4833 12 +2 20 25.l299 57 +1 48 30.3277
27 +2 52 19.9322 13 +2 19 42.5788 58 +1 47 47.7765
28 +2 51 37.3810 14 +2 19 00.0276 59 +1 47 05.2253
29 +2 50 54.8298 15 +2 18 17.4764
30 +2 50 12.2787 118 00 +1 46 22.6742
117 16 +2 17 34.9253 01 +1 45 40.l230
116 31 +2 49 29.7275 17 +2 16 52.3741 02 +1 44 57.5719
32 +2 48 47.1764 18 +2 16 09.8230 03 +1 44 15.0207
33 +2 48 04.6252 19 +2 15 27.2718 04 +1 43 32.4695
34 +2 47 22.0740 20 +2 14 44.7206 05 +1 42 49.9184
35 +2 46 39.5229
117 21 +2 14 02.1695 118 06 +1 42 07.3672
116 36 +2 45 56.9717 22 +2 13 19.6183 07 +1 41 24.8161
37 +2 45 14.4206 23 +2 12 31.0671 08 +1 40 42.2649
38 +2 44 31.8694 24 +2 11 54.5160 09 +1 39 59.7137
39 +2 43 49.3182 25 +2 11 11.9648 10 +1 39 17.1626
40 +2 43 06.7671
117 26 +2 10 29.4137 118 1l +1 38 34.6114
116 41 +2 42 24.2159 27 +2 09 46.8625 12 +1 37 52.0602
42 +2 41 41.6648 28 +2 09 04.3113 13 +1 37 09.5091
43 +2 40 59.l136 29 +2 08 21.7602 14 +1 36 26.9579
44 +2 40 16.5624 30 +2 07 39.2090 15 +1 35 44.4068
45 +2 39 34.0113
E-63
For 1 of LONGITUDE = 0. 70918602 of (Continued)
Long. Long. Long.
118 16 +1 35 01.8556 119 00 +1 03 49.6045 119 46 +0 31 12.2511
17 +1 34 19.3044 01 +1 03 07.0533 47 +0 30 29.6999
18 +1 33 36.7533 02 +1 02 24.5022 48 +0 29 47.1488
19 +1 32 54.2021 03 +1 01 41.9510 49 +0 29 04.5976
20 +1 32 11.6510 04 +1 00 59.3999 50 +0 28 22.0464
05 +l 00 16.8487
118 21 +1 31 29.0998 119 51 +0 27 39.4953
22 +1 30 46.5486 119 06 +0 59 34.2975 52 +0 26 56.9441
23 +1 30 03.9975 07 +0 58 51.7464 53 +0 26 14.3930
24 +1 29 21.4463 08 +0 58 09.1952 54 +0 25 31.8418
25 +1 28 38.8952 09 +0 57 26.6441 55 +0 24 49.2906
10 +0 56 44.0209
118 26 +l 27 56.3440 119 56 +0 24 06.7395
27 +1 27 13.7928 119 11 +0 56 01.5417 57 +0 23 24.l883
28 +1 26 31.2417 12 +0 55 18.9906 58 +0 22 41.6372
29 +1 25 48.6905 13 +0 54 36.4394 59 +0 21 59.0860
30 +l 25 06.1393 14 +0 53 53.8883
15 +0 53 11.3371 120 00 +0 21 16.5348
118 31 +1 24 25.5882 01 +0 20 33.9837
32 +1 23 41.0370 119 16 +0 52 28.7859 02 +0 19 51.4325
33 +1 22 58.4859 17 +0 51 46.2348 03 +0 19 08.8814
34 +1 22 15.9347 18 +0 51 03.6836 04 +0 18 26.3302
35 +1 21 33.3835 19 +0 50 21.1324 05 +0 17 43.7790
20 +0 49 38.5813
118 36 +1 20 50.8324 120 06 +0 17 01.2279
37 +1 20 08.2812 119 21 +0 48 56.0301 07 +0 16 18.6767
38 +1 19 25.7301 22 +0 48 13.4790 08 +0 15 36.1255
39 +1 18 43.1789 23 +0 47 30.9278 09 +0 14 53.5744
40 +1 18 00.6277 24 +0 46 48.3766 10 +0 14 I1.0232
25 +0 46 05.8255
118 41 +1 17 18.0766 120 11 +0 13 28.4721
42 +1 16 35.5254 119 26 +0 45 23.2743 12 +0 12 45.9209
43 +1 15 52.9742 27 +0 44 40.7232 13 +0 12 03.3697
44 +1 15 10.4231 28 +0 43 58.1720 14 +0 11 20.8186
45 +1 14 27.8719 29 +0 43 15.6208 15 +0 10 38.2674
30 +0 42 33.0697
118 46 +1 13 45.3208 120 16 +0 09 55.7163
47 +l 13 02.7696 119 31 +0 41 50.5185 17 +0 09 13.1651
48 +1 12 20.2184 32 +0 41 07.9673 18 +0 08 30.6139
49 +1 11 37.6673 33 +0 40 25.4162 19 +0 07 48.0628
50 +1 10 55.1161 34 +0 39 42.8650 20 +0 07 05.5116
35 +0 39 00.3139
118 51 +1 10 12.5650 120 21 +0 06 22.9605
52 +1 09 30.0138 119 36 +0 38 17.7627 22 +0 05 40.4093
53 +1 08 47.4626 37 +0 37 35.2l15 23 +0 04 57.8581
54 +1 08 04.9115 38 +0 36 52.6604 24 +0 04 15.3070
55 +1 07 22.3603 39 +0 36 10.1092 25 +0 03 32.7558
40 +0 35 27.5581
118 56 +1 06 39.8092 120 26 +0 02 50.2046
57 +1 05 57.2580 119 41 +0 34 45.0069 27 +0 02 07.6535
58 +1 05 14.7068 42 +0 34 02.4557 28 +0 01 25.1023
59 +1 04 32.1557 43 +0 33 19.9046 29 +0 00 42.5512
44 +0 32 37.3534 C.M. 30 +0 00 00.0000
45 +0 31 54.8023
E-64
Long. Long. Long.
120 31 0 00 42.5512 121 16 0 32 37.3534 122 00 1 03 49.6045
32 0 01 25.1023 17 0 33 19.9046 01 1 04 32.1557
33 0 02 07.6535 18 0 34 02.4557 02 1 05 14.7068
34 0 02 50.2046 19 0 34 45.0069 03 1 05 57.2580
35 0 03 32.7558 20 0 35 27.5581 04 1 06 39.8092
05 1 07 22.3603
120 36 0 04 15.3070 121 21 0 36 10.1092
37 0 04 57.8581 22 0 36 52.6604 122 06 1 08 04.9115
38 0 05 40.4093 23 0 37 35.2115 07 1 08 47.4626
39 0 06 22.9605 24 0 38 17.7627 08 1 09 30.0138
40 0 07 05.5116 25 0 39 00.3139 09 1 10 12.5650
10 1 10 55.1161
120 41 0 07 48.0628 121 26 0 39 42.8650
42 0 08 30.6139 27 0 40 25.4162 122 11 1 11 37.6673
43 0 09 13.1651 28 0 41 07.9673 12 1 12 20.2184
44 0 09 55.7163 29 0 41 50.5185 13 1 13 017696
45 0 10 38.2674 30 0 42 33.0697 14 1 13 45.3208
15 1 14 27.8719
120 46 0 11 20.8186 121 31 0 43 15.6208
47 0 12 03.3697 32 0 43 59.l720 122 16 1 15 10.4231
48 0 12 45.9209 33 0 44 40.7232 17 1 15 52.9742
49 0 13 28.4721 34 0 45 23.2743 18 1 16 35.5254
50 0 14 11.0232 35 0 46 05.8255 19 1 17 18.0766
20 1 18 00.6277
120 51 0 14 53.5744 121 36 0 46 48.3766
52 0 15 36.1255 37 0 47 30.9278 122 21 1 18 43.1789
53 0 16 18.6767 38 0 48 13.4790 22 1 19 25.7301
54 0 17 0l.2279 39 0 48 56.0301 23 1 20 09.2812
55 0 17 43.7790 40 0 49 38.5813 24 1 20 50.8324
25 1 21 33.3835
120 56 0 18 26.3302 121 41 0 50 21.1324
57 0 19 08.8814 42 0 51 03.6836 122 26 1 22 15.9347
58 0 19 51.4325 43 0 51 46.2348 27 1 22 58.4859
59 0 20 33.9837 44 0 52 28.7859 28 1 23 41.0370
45 0 53 11.3371 29 1 24 23.5882
121 00 0 21 16.5348 30 1 25 06.l393
01 0 21 59.0860 121 46 0 53 53.8883
02 0 22 41.6372 47 0 54 36.4394 122 31 1 25 48.6905
03 0 23 24.1883 48 0 55 18.9906 32 1 26 31.2417
04 0 24 06.7395 49 0 56 01.5417 33 1 27 13.7928
05 0 24 49.2906 50 0 56 44.0929 34 1 27 56.3440
35 1 28 38.8952
121 06 0 25 31.8418 121 51 0 57 26.6441
07 0 26 14.3930 52 0 58 09.1952 122 36 1 29 21.4463
08 0 26 56.9441 53 0 58 51.7464 37 1 30 03.9975
09 0 27 39.4953 54 0 59 34.2975 38 1 30 46.5486
10 0 28 22.0464 55 1 00 16.8487 39 1 31 29.0998
40 1 32 11.6510
121 11 0 29 04.5976 121 56 1 00 59.3999
12 0 29 47.1488 57 1 01 41.9510 122 41 1 32 54.2021
13 -0 30 29.6999 58 1 02 24.5022 42 -1 33 36.7533
14 0 31 12.2511 59 1 03 07.0533 43 1 34 19.3044
15 0 31 54.8023 44 1 35 01.8556
45 1 35 44.4068
E-65
Long. Long. Long.
122 46 1 36 26.9579 123 3l 2 08 21.7602 124 16 2 40 16.5624
47 1 37 09.5091 32 2 09 04.3113 17 2 40 59.l136
48 1 37 52.0602 33 2 09 46.8625 18 2 41 41.6648
49 1 38 34.6114 34 2 10 29.4137 19 2 42 24.2159
50 1 39 17.1626 35 2 11 11.9648 20 2 43 06.7671
122 51 1 39 59.7137 123 36 2 11 54.5160 124 21 2 43 49.3182

52 1 40 42.2649 37 2 12 37.0671 22 2 44 31.8694
53 1 41 24.8161 38 2 13 19.6183 23 2 45 14.4206
54 1 42 07.3672 39 2 14 02.l695 24 2 45 56.9717
55 1 42 49.9184 40 2 14 44.7206 25 2 46 39.5229
122 56 1 43 32.4695 123 41 2 15 27.2718 124 26 2 47 22.0740

57 1 44 15.0207 42 2 16 09.8230 27 2 48 04.6252
58 1 44 57.5719 43 2 16 52.3741 28 2 48 47.l764
59 1 45 40.1230 44 2 17 34.9253 29 2 49 29.7275
45 2 18 17.4764 30 2 50 12.2787
123 00 1 46 22.6742
01 1 47 05.2253 123 46 2 19 00.0276 124 31 2 50 54.8298
02 1 47 47.7765 47 2 19 42.5788 32 2 51 37.3810
03 1 48 30.3277 48 2 20 25.l299 33 2 52 19.9322
04 1 49 12.8788 49 2 21 07.6811 34 2 53 02.4833
05 1 49 55.4300 50 2 21 50.2322 35 2 53 45.0345
123 06 1 50 37.9811 123 51 2 22 32.7834 124 36 2 54 27.5857

07 1 51 20.5323 52 2 23 15.3346 37 2 55 10.1368
08 1 52 03.0835 53 2 23 57.8857 38 2 55 52.6880
09 1 52 45.6346 54 2 24 40.4369 39 2 56 35.2391
10 1 53 28.1858 55 2 25 22.9880 40 2 57 17.7903
123 11 1 54 10.7370 123 56 2 26 05.5392 124 41 2 58 00.3415

12 1 54 53.2881 57 2 26 48.0904 42 2 58 42.8926
13 1 55 35.8393 58 2 27 30.6415 43 2 59 25.4438
14 1 56 18.3904 59 2 28 13.1927 44 3 00 07.9949
15 1 57 00.9416 45 3 00 50.5461
124 00 2 28 55.7439
123 16 1 57 43.4928 01 2 29 38.2950 124 46 3 01 33.0973
17 1 58 26.0439 02 2 30 20.8462 47 3 02 15.6484
18 1 59 08.5951 03 2 31 03.3973 48 3 02 58.1996
19 1 59 51.1462 04 2 31 45.9485 49 3 03 40.7508
20 2 00 33.6974 05 2 32 28.4997 50 3 04 23.3019
123 21 2 01 16.2486 124 06 2 33 11.0508 124 51 3 05 05.8351

22 2 01 58.7997 07 2 33 53.6020 52 3 05 48.4042
23 2 02 41.3509 08 2 34 36.1531 53 3 06 30.9554
24 2 03 23.9020 09 2 35 18.7043 54 3 07 13.5066
25 2 04 06.4532 10 2 36 01.2555 55 3 07 56.0577
123 26 2 04 49.0044 124 11 2 36 43.8066 124 56 3 08 38.6089

27 2 05 31.5555 12 2 37 26.3578 57 3 09 21.1600
28 2 06 14.1067 13 2 38 08.9089 58 3 10 03.7112
29 2 06 56.6579 14 2 38 51.4601 59 3 10 46.2624
30 2 07 39.2090 15 2 39 34.0113
is the mapping angle (theta) for the longitude of the station. 125 00 3 11 28.8135
E-66
OREGON SOUTH ZONE
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
4140 22,888,667.15 0 101.24167 6656 1.0002341
41 22,882,592.64 6,074.51 101.24167 1.0002266
42 22,876,518.15 12,149.00 101.24100 1.0002192
43 22,870,443.69 18,223.46 101.24067 1.0002119
44 22,864,369.25 24,297.90 101.24017 1.0002047
45 22,858,294.84 30,372.31 101.23967 1.0001976
4146 22,852,220.46 36,446.69 101.23933 1.0001905

47 22,846,146.10 42,521.05 101.23833 1.0001836
48 22,840,071.77 48,595.38 101.23850 1.0001767
49 22,833,997.46 54,669.69 101.23817 1.0001699
50 22,827,923.17 60,743.98 101.23783 6639 1.0001631
4151 22,821,848.90 66,818.25 101.23733 1.0001565

52 22,815,774.66 72,892.49 101.23700 1.0001500
53 22,809,700.44 78,966.71 101.23667 1.0001435
54 22,803,626.24 85,040.91 101.23633 1.0001371
55 22,797,552.06 91,115.09 101.23600 1.0001308
4156 22,791,477.90 97,189.25 101.23567 1.0001246

57 22,785,403.76 103,263.39 101.23533 1.0001184
58 22,779,329.64 109,337.51 101.23500 1.0001124
59 22,773,255.54 115,411.61 101.23483 1.0001064
4200 22,767,181.45 121,485.70 101.23433 6622 1.0001005

01 22,761,107.39 127,559.76 101.23417 1.0000947
02 22,755,033.34 133,633.81 101.23383 1.0000889
03 22,748,959.31 139,707.84 101.23367 1.0000833
04 22,742,885.29 145,781.86 101.23333 1.0000777
4205 22,736,811.29 151,855.86 101.23317 1.0000723

06 22,730,737.30 157,929.85 101.23283 1.0000669
07 22,724,663.33 164,003.82 101.23267 1.0000615
08 22,718,589.37 170,077.78 101.23233 1.0000563
09 22,712,5I5.43 176,151.72 101.23217 1.0000512
4210 22,706,441.50 182,225.65 101.23183 6605 1.0000461

11 22,700,367.59 188,299.56 101.23183 1.0000411
12 22,694,293.68 194,373.47 101.23150 1.0000362
13 22,688,219.79 200,447.36 101.23150 1.0000314
14 22,682,145.90 206,521.25 101.23117 1.0000267
4215 22,676,072.03 212,595.12 101.23100 1.0000220

16 22,669,998.17 218,668.98 101.23083 1.0000175
17 22,663,924.32 224,742.83 101.23067 1.0000130
18 22,657,850.48 230,816.67 101.23067 1.0000086
19 22,651,776.64 236,890.51 101.23033 1.0000042
20 22,645,702.82 242,964.33 101.23033 6587 1.0000000
4221 22,639,629.00 249,038.15 101.23033 0.9999959

22 22,633,555.18 255,111.97 101.23000 0.9999918
23 22,627,481.38 261,185.77 101.23000 0.9999878
24 22,621,407.58 267,259.57 101.22983 0.9999839
25 22,615,333.79 273,333.36 101.22983 0.9999801
E-67
OREGON SOUTH ZONE (Continued)
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
4226 22,609,260.00 279,407.15 101.22983 0.9999763
27 22,603,186.21 285,480.94 101.22967 0.9990727
28 22,597,112.43 291,554.72 101.22967 0.9999691
29 22,591,038.65 297,628.50 101.22950 0.9999656
30 22,584,964.88 303,702.27 101.22950 6570 0.9999622
4231 22,578,891.11 309,776.04 101.22950 0.9999589

32 22,572,817.34 315,849.81 101.22933 0.9999556
33 22,566,743.58 321,923.57 101.22950 0.9999525
34 22,560,669.81 327,997.34 101.22950 0.9999494
35 22,554,596.04 334,071.11 101.22933 0.9999464
4236 22,548,522.28 340,144.87 101.22950 0.9999435

37 22,542,448.51 346,218.64 101.22950 0.9999407
38 22,536,374.74 352,292.41 101.22950 0.9999379
39 22,530,300.97 358,366.18 101.22950 0.9999353
40 22,524,227.20 364,439.95 101.22950 6552 0.9999327
4241 22,518,153.43 370,513.72 101.22967 0.9999302

42 22,512,079.65 376,587.50 101.22967 0.9999278
43 22,506,005.87 382,661.28 101.22967 0.9999255
44 22,499,932.09 388,735.06 101.22983 0.9999233
45 22,493,858.30 394,808.85 101.23000 0.9999211
4246 22,487,784.50 400,882.65 101.23000 0.9999191

47 22,481,710.70 406.956.45 101.23017 0.9999171
48 22,475,636.89 413,030.26 101.23017 0.9999152
49 22,469,563.08 419,104.07 101.23033 0.9999133
50 22,463,489.26 425,177.89 101.23050 6535 0.9999116
4251 22,457,415.43 431,251.72 101.23050 0.9999100

52 22,451,341.60 437,325.55 101.23083 0.9999084
53 22,445,267.75 443,399.40 101.23083 0.9999069
54 22,439,193.90 449,473.25 101.23100 0.9999055
55 22,433,120.04 455,547.11 101.23133 0.9999042
4256 22,427,046.16 461,620.99 101.23133 0.9999030

57 22,420,972.28 467,694.87 101.23167 0.9999018
58 22,414,898.38 473,768.77 101.23183 0.9999008
59 22,408,824.47 479,842.68 101.23200 0.9998998
4300 22,402,750.55 485,916.60 101.23217 6518 0.9998989

01 22,396,676.62 491,990.53 101.23233 0.9998981
02 22,390,602.68 498,064.47 101.23267 0.9998974
03 22,384,528.72 504,138.43 101.23300 0.9998967
04 22,378,454.74 510,212.41 101.23317 0.9998962
05 22,372,380.75 516,286.40 101.23333 0.9998957
4306 22,366,306.75 522,360.40 101.23367 0.9998953

07 22,360,232.73 528,434.42 101.23400 0.9998950
08 22,354,158.69 534,508.46 101.23417 0.9998948
09 22,348,084.64 540,582.51 101.23450 0.9998947
10 22,342,010.57 546,656.58 101.23483 6500 0.9998946
E-68
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
4311 22,335,936.48 552,730.67 101.23517 0.9998946
12 22,329,862.37 558,804.78 101.23533 0.9998947
13 22,323,788.25 564,878.90 101.23583 0.9998950
14 22,317,714.10 570,953.05 101.23600 0.9998952
15 22,311,639.94 577,027.21 101.23650 0.9998956
4316 22,305,565.75 583,101.40 101.23683 0.9998961

17 22,299,491.54 589,175.61 101.23700 0.9998966
18 22,293,417.32 595,249.83 101.23750 0.9998972
19 22,287,343.07 601,324.08 101.23800 0.9998979
20 22,281,26879 607,398.36 101.23817 6482 0.9998987
4321 22,275,194.50 613,472.65 101.23867 0.9998996

22 22,269,120.18 619,546.97 101.23917 0.9999006
23 22,263,045.83 625,621.32 101.23933 0.9999016
24 22,256,971.47 631,695.68 101.24000 0.9999040
25 22,250,897.07 637,770.08 101.24033 0.9999000
4326 22,244,822.65 643,844.50 101.24067 0.9999052

27 22,238,748.21 649,918.94 101.24133 0.9999066
28 22,232,673.73 655,993.42 101.24167 0.9999081
29 22,226,599.23 662,067.92 101.24200 0.9999097
30 22,220,524.71 668,142.44 101.24250 6464 0.9999113
4331 22,214,450.16 674,216.99 101.24300 0.9999130

32 22,208,375.58 680,291.57 101.24367 0.9999149
33 22,202,300.96 686,366.19 101.24400 0.9999167
34 22,196,226.32 692,440.83 101.24450 0.9999187
35 22,190,151.65 698,515.50 101.24500 0.9999208
4336 22,184,076.95 704,590.20 101.24567 0.9999229

37 22,178,002.21 710,664.94 101.24600 0.9999251
38 22,171,927.45 716,739.70 101.24667 0.9999275
39 22,165,852.65 722,814.50 101.24717 0.9999299
40 22,159,777.82 728,889.33 101.24783 6446 0.9999324
4341 22,153,702.95 734,964.20 101.24833 0.9999349

42 22,147,628.05 741,039.10 101.24883 0.9999376
43 22,141,553.12 747,114-03 101.24950 0.9999403
44 22,135,478.15 753,189.00 101.25000 0.9999432
45 22,129,403.15 759,264.00 101.25067 0.9999461
4346 22,123,328.11 765,339.04 101.25133 0.9999491

47 22,117,253.03 771,414.12 101.25183 0.9999522
48 22,111,177.92 777,489.23 101.25250 0.9999553
49 22,105,102.77 783,564.38 101.25317 0.9999586
50 22,099,027.58 789,639.57 101.25383 6428 0.9999619
4351 22,092,952.35 795,714.80 101.25433 0.9999653

52 22,086,877.09 801,790.06 101.25500 0.9999688
53 22,080,801.79 807,865.36 101.25583 0.9999724
54 22,074,726.44 813,940.71 101.25633 0.9999761
55 22,068,651.06 820,016.09 101.25717 0.9999799
E-69
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
4356 22,062,575.63 826,091.52 101.25783 0.9999837
57 22,056,500.16 832,166.99 101.25850 0.9999877
58 22,050,424.65 838,242.50 101.25933 0.9999917
59 22,044,349.09 844,318.06 101.25983 0.9999958
4300 22,038,273.50 850,393.65 101.26067 6410 1.0000000

01 22,032,197.86 856,469.29 101.26150 1.0000043
02 22,026,122.17 862,544.98 101.26217 1.0000086
03 22,020.046.44 868,620.71 101.26283 1.0000131
04 22,013,970.67 874,696.48 101.26367 1.0000176
05 22,007,894.85 880,772.30 101.26450 1.0000222
4406 22,001,818.98 886,848.17 101.26517 1.0000269

07 21,995,743.07 892,924.08 101.26617 1.0000317
08 21,989,667.10 899,000.05 101.26667 1.0000366
09 21,983,591.10 905,076.05 101.26767 1.0000416
10 21,977,515.04 911,152.11 101.26850 6393 1.0000466
4411 21,971,438.93 917,228.22 101.26917 1.0000518

12 21,965,362.78 923,304.37 101.27017 1.0000570
13 21,959,286.57 929,380.58 101.27083 1.0000623
14 21,953,210.32 935,456.83 101.27183 1.0000677
15 21,947,134.01 941,533.14 101.27267 1.0000732
4416 21,941,057.65 947,609.50 101.27350 1.0000787

17 21,934,981.24 953,685.91 101.27450 1.0000844
18 21,928,904.77 959,762.38 101.27517 1.0000901
19 21,922,828.26 965,838.89 101.27617 1.0000959
20 21,916,751.69 971,915.46 101.27717 6375 1.0001018
4421 21,910,675.06 977,992.09 101.27800 1.0001078

22 21,904,598.38 984,068.77 101.27883 1.0001139
23 21,898,521.65 990,145.50 101.27983 1.0001201
24 21,892,444.86 996,222.29 101.28067 1.0001263
25 21,886,368.02 1,002,299.13 101.28183 1.0001327
4426 21,880,291.11 1,008,376.04 101.28267 1.0001391

27 21,874,214.15 1,014,453.00 101.28367 1.0001456
28 21,868,137.13 1,020,530.02 101.28450 1.0001522
29 21,862,060.06 1,026,607.09 101.28567 1.0001589
30 21,855,982.92 1,032,684.23 101.28650 6356 1.0001656
4431 21,849,905.73 1,038,761.42 101.28767 1.0001725

32 21,843,828.47 1,044,838.68 101.28850 1.0001794
33 21,837,751.16 1,050,915.99 101.28967 1.0001865
34 21,831,673.78 1,056,993.37 101.29050 1.0001936
35 21,825,596.35 1,063,070.80 101.29167 1.0002008
4436 21,819,518.85 1,069,148.30 101.29283 1.0002081

37 21,813,441.28 1,075,225.87 101.29367 1.0002154
38 21,807,363.66 1,081,303.49 101.29483 1.0002229
39 21,801,285.97 1,087,381.18 101.29583 1.0002304
40 21,795,208.22 1,093,458.93 101.29700 6338 1.0002381
E-70
TABULAR
Y 1 MINUTE
R Y VALUE ON OF
LATITUDE A RATIO
(feet) (Approx.)
(feet)
4441 21,789,130.40 1,099,536.75 101.29800 1.0002458
42 21,783,052.52 1,105,614.63 101.29917 1.0002536
43 21,776,974.57 1,111,692.58 101.30017 1.0002615
44 21,770,896.56 1,117,770.59 101.30133 1.0002694
45 21,764,818.48 1,123,848.67 101.30250 1.0002775
4446 21,758,740.33 1,129,926.82 101.30367 1.0002857

47 21,752,662.11 1,136,005.04 101.30467 1.0002939
48 21,746,583.83 1,142,083.32 101.30600 1.0003022
49 21,740,505.47 1,148,161.68 101.30700 1.0003106
50 21,734,427.05 1,154,240.10 101.30817 6320 1.0003191
4451 21,728,348.56 1,160,318.59 101.30950 1.0003277

52 21,722,269.99 1,166,397.16 101.31050 1.0003364
53 21,716,191.36 1,172,475.79 101.31167 1.0003451
54 21,710,112.66 1,178,554.49 101.31300 1.0003540
55 21,704,033.88 1,184,633.27 101.31417 1.0003629
4456 21,697,955.03 1,190,712.12 101.31550 1.0003719

57 21,691,876.10 1,196,791.05 101.31650 1.0003810
58 21,685,797.11 1,202,870.04 101.31783 1.0003902
59 21,679,718.04 1,208,949.11 101.31917 1.0003995
4500 21,673,638.89 1,215,028.26 6302 1.0004088
R = The radius for the latitude of the station
E-71
TABLE 18 LAMBERT CONFORMAL PROJECTION - OREGON SOUTH ZONE
For 1 of LONGITUDE = 0. .68414738 of
Long. Long. Long.
116 00 +3 04 43.1876 116 46 +2 33 14.9408 117 31 +2 02 27.7429
01 +3 04 02.1388 47 +2 32 33.8920 32 +2 01 46.6941
02 +3 03 21.0899 48 +2 31 52.8431 33 +2 02 05.6452
03 +3 02 40.0411 49 +2 31 11.7943 34 +2 00 24.5964
04 +3 01 58.9921 50 +2 30 30.7455 35 +1 59 43.5475
05 +3 01 17.9434
116 51 +2 29 49.6966 117 36 +1 59 02.4987
116 06 +3 00 36.8946 52 +2 29 08.6478 37 +1 58 21.4498
07 +2 59 55.8457 53 +2 28 27.5989 38 +1 57 40.4010
08 +2 59 14.7969 54 +2 27 46.5501 39 +1 56 59.3522
09 +2 58 33.7480 55 +2 27 05.5012 40 +1 56 18.3033
10 +2 57 52.6992
116 56 +2 26 24.4524 117 41 +1 55 37.2545
116 11 +2 57 11.6503 57 +2 25 43.4036 42 +1 54 56.2056
12 +2 56 30.6015 58 +2 25 02.3547 43 +1 54 15.1568
13 +2 55 49.5527 59 +2 24 21.3059 44 +1 53 34.l079
14 +2 55 08.5038 45 +1 52 53.0591
15 +2 54 27.4550 117 00 +2 23 40.2570
01 +2 22 59.2082 117 46 +1 52 52.0103
116 16 +2 53 46.4061 02 +2 22 18.1593 47 +1 51 30.9614
17 +2 53 05.3573 03 +2 21 37.l105 48 +1 50 49.9126
18 +2 52 24.3084 04 +2 20 56.0617 49 +1 50 08.863
19 +2 51 43.2596 05 +2 20 I5.0128 50 +1 49 27.8149
20 +2 51 02.2108
117 06 +2 19 33.9640 117 51 +1 48 46.7660
116 21 +2 50 21.l619 07 +2 18 52.9151 52 +1 48 05.7172
22 +2 49 40.l131 08 +2 18 11.8663 53 +1 47 24.6684
23 +2 48 50.0642 09 +2 17 30.8174 54 +1 46 43.6195
24 +2 48 18.0154 10 +2 16 49.7686 55 +1 46 02.5707
25 +2 47 36.9665
117 11 +2 16 08.7198 117 56 +1 45 21.218
116 26 +2 46 559177 12 +2 15 27.6709 57 +1 44 40.4730
27 +2 46 14.8688 13 +2 14 46.6221 58 +1 43 59.4241
28 +2 45 33.8200 14 +2 14 05.5732 59 +1 43 18.3753
29 +2 44 52.7712 15 +2 13 24.5244
30 +2 44 1l.7223 118 00 +1 42 37.3264
117 16 +2 12 43.4755 01 +1 41 56.2776
116 31 +2 43 30.6735 17 +2 12 02.4267 02 +1 41 16.2288
32 +2 42 49.6246 18 +2 11 21.3779 03 +1 40 34.1799
33 +2 42 08.5758 19 +2 10 40.3290 04 +1 39 53.1311
34 +2 41 27.5269 20 +2 09 59.2802 05 +1 39 12.0822
35 +2 40 46.4781
117 21 +2 09 18.2313 118 06 +1 38 31.0334
116 36 +2 40 05.4293 22 +2 08 37.1825 07 +1 37 49.9845
37 +2 39 24.3804 23 +2 07 56.1336 08 +1 37 08.9357
38 +2 38 43.3316 24 +2 07 15.0848 09 +1 36 27.8869
39 +2 38 02.2827 25 +2 06 34.0360 10 +1 35 46.8380
40 +2 37 21.2339
117 26 +2 05 52.9871 118 11 +1 35 05.7892
11641 +2 36 46.1850 27 +2 05 11.9383 12 +1 34 24.7403
42 +2 35 59.l362 28 +2 04 30.8894 13 +1 33 43.6915
43 +2 35 18.0874 29 +2 03 49.8406 14 +1 33 02.6426
44 +2 34 37.0385 30 +2 03 08.7917 15 +1 32 21.5938
45 +2 33 55.9897
E-72
For 1 of LONGITUDE = 0. .68414738 of (Continued)
Long. Long. Long.
118 16 +1 31 40.5450 119 00 +1 01 34.3959 119 46 +0 30 06.1491
17 +1 30 59.4961 01 +1 00 53.3470 47 +0 29 25.1002
18 +1 30 18.4473 02 +1 00 12.2982 48 +0 28 44.0514
19 +1 29 37.3984 03 +0 59 31.2493 49 +0 28 03.0026
20 +1 28 56.3496 04 +0 58 50.2005 50 +0 27 21.9537
05 +0 58 09.1517
118 21 +1 28 15.3007 119 51 +0 26 40.9049
22 +1 27 34.2519 119 06 +0 57 28.1028 52 +0 25 59.8560
23 +1 26 53.2031 07 +0 56 47.0540 53 +0 25 18.8072
24 +1 26 12.l542 08 +0 56 06.0051 54 +0 24 37.7583
25 +1 25 31.1054 09 +0 55 24.9563 55 +0 23 56.7095
10 +0 54 43.9074
118 26 +1 24 50.0565 119 56 +0 23 15.6607
27 +1 24 09.0077 119 11 +0 54 02.8586 57 +0 22 34.6118
28 +1 23 27.9588 12 +0 53 21.8098 58 +0 21 53.5630
29 +1 22 41.9100 13 +0 52 40.7609 59 +0 21 12.5141
30 +1 22 05.8612 14 +0 51 59.7121
15 +0 51 18.6632 120 00 +0 20 31.4653
118 31 +1 21 24.8123 01 +0 19 50.4164
32 +1 20 43.7635 119 16 +0 50 37.6144 02 +0 19 09.3676
33 +1 20 02.7146 17 +0 49 56.5655 03 +0 18 28.3188
34 +1 19 21.6658 18 +0 49 15.5167 04 +0 17 47.2699
35 +1 18 40.6169 19 +0 48 34.4679 05 +0 17 06.2211
20 +0 47 53.4190
118 36 +1 17 59.5681 120 06 +0 16 25.1722
37 +1 17 18.5193 119 21 +0 47 12.3702 07 +0 15 44.1234
38 +1 16 37.4704 22 +0 46 31.3213 08 +0 15 03.0745
39 +1 15 56.4216 23 +0 45 50.2725 09 +0 14 22.0257
40 +1 15 15.3727 24 +0 45 09.2236 10 +0 13 40.9769
25 +0 44 28.1748
118 41 +1 14 34.3239 120 11 +0 12 59.9280
42 +1 13 53.2750 119 26 +0 43 47.1260 12 +0 12 18.8792
43 +1 13 12.2262 27 +0 43 06.0771 13 +0 11 37.8303
44 +1 12 31.1774 28 +0 42 25.0283 14 +0 10 56.7815
45 +1 11 50.l285 29 +0 41 43.9794 15 +0 10 15.7326
30 +0 41 02.9306
118 46 +1 11 09.0797 120 16 +0 09 34.6838
47 +1 10 28.0308 119 31 +0 40 21.8817 17 +0 08 53.6350
48 +1 09 46.9820 32 +0 39 40.8329 18 +0 08 12.5861
49 +1 09 05.9331 33 +0 38 59.7841 19 +0 07 31.5373
50 +1 08 24.8843 34 +0 38 18.7352 20 +0 06 50.4884
118 51 +1 07 43.8355 119 36 +0 36 56.6375 120 21 +0 06 09.4396

52 +1 07 02.7866 37 +0 36 15.5887 22 +0 05 28.3907
53 +1 06 21.7378 38 +0 35 34.5398 23 +0 04 47.3419
54 +1 05 40.6889 39 +0 34 53.4910 24 +0 04 06.2931
55 +1 04 59.6401 40 +0 34 12.4422 25 +0 03 25.2442
118 56 +1 04 18.5912 119 41 +0 33 31.3933 120 26 +0 02 44. 1954

57 +1 03 37.5424 42 +0 32 50.3445 27 +0 02 03.1465
58 +1 02 56.4936 43 +0 32 09.2956 28 +0 01 22.0977
59 +1 02 15.4447 44 +0 31 28.2468 29 +0 00 41.0488
45 +0 30 47.1979 30 0 00 00.0000
E-73
Long. Long. Long.
120 31 0 00 41.0488 121 16 0 31 28.2468 122 00 1 01 34.3959
32 0 01 22.0977 17 0 32 09.2956 01 1 01 15.4447
33 0 02 03.1465 18 0 32 50.3445 02 1 02 56.4936
34 0 02 44.1954 19 0 33 31.3933 03 1 03 37.5424
35 0 03 25.2442 20 0 34 12.4422 04 1 04 18.5912
05 1 04 59.6401
120 36 0 04 06.2931 121 21 0 34 53.4910
37 0 04 47.3419 22 0 35 34.5398 122 06 1 05 40.6889
38 0 05 28.3907 23 0 36 15.5887 07 1 06 21.7378
39 0 06 09.4396 24 -0 36 56.6375 08 1 07 02.7866
40 0 06 50.4884 25 0 37 37.6864 09 1 07 43.8355
10 1 08 24.8843
120 41 0 07 31.5373 121 26 0 38 18.7352
42 0 08 12.5861 27 0 38 59.7841 122 11 1 09 05.9331
43 0 08 53.6350 28 0 39 40.8329 12 1 09 46.9820
44 0 09 34.6838 29 0 40 21.8817 13 1 10 28.0308
45 0 10 15.7326 30 0 41 02.9306 14 1 11 09.0797
15 1 11 50.1285
120 46 0 10 56.7815 121 31 0 41 43.9794
47 0 11 37.8303 32 0 42 25.0283 122 16 1 12 31.1774
48 0 12 18.8792 33 0 43 06.0771 17 1 13 12.2262
49 0 12 59.9280 34 0 43 47.1260 18 1 13 53.2750
50 0 13 40.9769 35 0 44 28.1748 19 1 14 34.3239
20 1 15 15.3727
120 51 0 14 22.0257 121 36 0 45 09.2236
52 0 15 03.0745 37 0 45 50.2725 122 21 1 15 56.4216
53 0 15 44.1234 38 0 46 31.3213 22 1 16 37.4704
54 0 16 25.l722 39 0 47 12.3702 23 1 17 18.5193
55 0 17 06.2211 40 0 47 53.4190 24 l 17 59.5681
25 1 18 40.6169
120 56 0 17 47.2699 121 41 0 48 34.4679
57 0 18 28.3188 42 0 49 15.5167 122 26 1 19 21.6658
58 0 19 09.3676 43 0 49 56.5655 27 1 20 02.7146
59 0 19 50.4164 44 -0 50 37.6144 28 1 20 43.7635
45 0 51 18.6632 29 1 21 24.8123
121 00 0 20 31.4653 30 1 22 05.8612
01 0 21 12.5141 121 46 0 51 59.7121
02 0 21 53.5630 47 0 52 40.7609 122 31 1 22 46.9100
03 0 22 34.6118 48 0 53 21.8098 32 1 23 27.9588
04 0 23 15.6607 49 0 54 02.8586 33 1 24 09.0077
05 0 23 56.7095 50 0 54 43.9074 34 1 24 50.0565
51 1 25 31.1054 35 1 25 31.1054
121 06 0 24 37.7583 121 51 0 55 24.9563
07 0 25 18.8072 52 -0 56 06.0051 122 36 1 26 12.1542
08 0 25 59.8560 53 0 56 47.0540 37 1 26 532031
09 0 26 40.9049 54 0 57 29.1028 38 1 27 34.2519
10 0 27 21.9537 55 0 58 09.1517 39 1 28 15.3007
40 1 28 56.3496
121 11 0 28 03.0026 121 56 0 58 50.2005
12 0 28 44.0514 57 0 59 31.2493 122 41 1 29 37.3984
13 0 29 25.l002 58 1 00 12.2982 42 1 30 l8.4473
14 0 30 06.l491 59 1 00 53.3470 43 1 30 59.4961
15 0 30 47.1979 44 1 31 40.5450
45 1 32 21.5938
E-74
Long. Long. Long.
12246 1 33 02.6426 12331 2 03 49.8406 124 16 2 34 37.0385
47 1 33 43.6915 32 2 04 30.8894 17 2 35 18.0874
48 1 34 24.7403 33 2 05 11.9383 18 2 35 59.1362
49 1 35 05.7892 34 2 05 52.9871 19 2 36 46.1850
50 1 35 46.8380 35 2 06 34.0360 20 2 37 21.2339
122 51 1 36 27.8869 123 36 2 07 15.0848 124 21 2 38 02.2827

52 1 37 08.9357 37 2 07 56.1336 22 2 38 43.3316
53 1 37 49.9845 38 2 08 37.1825 23 2 39 24.3804
54 1 38 31.0334 39 2 09 18.2313 24 2 40 05.4293
55 l 39 12.0822 40 2 09 59.2802 25 2 40 46.4781
122 56 1 39 53.1311 123 41 2 10 40.3290 124 26 2 41 27.5269

57 1 40 34.l799 42 2 11 21.3779 27 2 42 09.5758
58 1 41 15.2288 43 2 12 02.4267 28 2 42 49.6246
59 1 41 56.2776 44 2 12 43.4755 29 2 43 30.6735
45 2 13 24.5244 30 2 44 1l.7223
123 00 1 42 37.3264
01 1 43 18.3753 123 46 2 14 05.5732 124 31 2 44 52.7712
02 1 43 59.4241 47 2 14 46.6221 32 2 45 33.8200
03 1 44 40.4730 48 2 15 27.6709 33 2 46 14.8688
04 1 45 21.5218 49 2 16 08.7198 34 2 46 55.9177
05 1 46 02.5707 50 2 16 49.7686 35 2 47 36.9665
123 06 1 46 43.6195 123 51 2 17 30.8174 124 36 2 48 18.0154

07 1 47 24.6684 52 2 18 11.8663 37 2 48 59.0642
08 1 48 05.7172 53 2 18 52.9151 38 2 49 40.l131
09 1 48 46.7660 54 2 19 33.9640 39 2 50 21.1619
10 1 49 27.8149 55 2 20 15.0128 40 2 51 02.2108
123 11 1 50 08.8637 123 56 2 20 56.0617 124 41 2 51 43.2596

12 1 50 49.9126 57 2 21 37.l105 42 2 52 24.3084
13 1 51 30.9614 58 2 22 18.1593 43 2 53 05.3573
14 1 52 12.0103 59 2 22 59.2082 44 2 53 46.4061
15 1 52 53.0591 45 2 54 27.4550
124 00 2 23 40.2570
123 16 1 53 34.l079 01 2 24 21.3059 124 46 2 55 08.3038
17 1 54 15.1568 02 2 25 02.3547 47 2 55 49.5527
18 1 54 56.2056 03 2 25 43.4036 48 2 56 30.6015
19 1 55 37.2545 04 2 26 24.4524 49 2 57 1l. 6503
20 1 56 18.3033 05 2 27 05.5012 50 2 57 52.6992
123 21 1 56 59.3522 124 06 2 27 46.5501 124 51 2 58 33.7480

22 1 57 40.4010 07 2 28 27.5989 52 2 59 14.7969
23 1 58 21.4498 08 2 29 08.6478 53 2 59 55.8457
24 1 59 02.4987 09 2 29 49.6966 54 3 00 36.8946
25 1 59 43.5475 10 2 30 30.7455 55 3 01 17.9434
123 26 2 00 24.5964 124 11 2 31 11.7943 124 56 3 01 58.9922

27 2 01 05.6452 12 2 31 52.8431 57 3 02 40.0411
28 2 01 46.6941 13 2 32 33.8920 58 3 03 21.0899
29 2 02 27.7429 14 2 33 14.9408 59 3 04 02.1388
30 2 03 08.7917 15 2 33 55.9897
125 00 3 04 43.l 876
is the mapping angle (theta) for the longitude of the station
E-75
TABLE 19 MERIDIAN CONVERGENCY
(SIX MILES LONG SIX MILES APART)
LONGITUDE DIFFERENCE
LAT. CONVERGENCY LATITUDE DIFFERENCE
Per Range
Degree On Parallel Angle In Arc. In Time 1 Mile 1 Tshp.
41 63.1 Lks. 4 31 6 53.15 27.54 sec. 0.869 5.217
42 65.4 Lks. 4 41 6 59.56 27.97 sec. 0.869 5.217
43 67.7 Lks. 4 51 7 06.29 28.42 sec. 0.869 5.217
44 70.1 Lks. 5 1 7 13.39 28.89 sec. 0.869 5.217
45 72.6 Lks. 5 12 7 20.86 29.39 sec. 0.869 5.211
46 75.2 Lks. 5 23 7 28.74 29.92 sec. 0.869 5.211
47 77.8 Lks. 5 34 7 37.04 30.47 sec. 0.869 5.211
TABLE 20 CONSTANTS FOR OREGON

OREGON COORDINATE SYSTEM
CONSTANT NORTH ZONE SOUTH ZONE
C = 2,000,000.00 feet 2,000,000.00 feet
Central Meridian = 12030 00.00 120 30 00.00
Rb = 21,383,852.48 feet 22,888,667.15 feet
y = 547,601.54 feet 547,357.72 feet
l = 0.709 18602 0.684 14738
1
2 = 2.355 x 1010 2356 x 1010
2po sin 1
log 1
2 = 0.372 0173-10 0372 2232-10
2po sin 1
log l = 9.85076 01672-10 9.83514 96702-10
log k = 7.59008 31907 7.59638 31366
C = The value of X assigned to the central meridian for each zone.

R = Radius for the latitude of the station.
Rb = A constant for a zone.
l = A constant for a zone.
E-76
TABLE 21 CORRECTIONS TO NATURAL SCALE RATIOS
(in units of the 7th decimal place)
LAMBERT PROJECTION
Note: Scale ratio interpolated for mean latitude or mean X of the ends of a line and corrected by the following
table is a true mean value accurate to within one in the seventh decimal place.
= the difference in latitude in minutes of the ends of the line.
Correction Correction
(Plus) (Plus)
1 0 31 34
1 0 32 36
3 0 33 38
4 1 34 40
5 1 35 43
6 1 36 45
7 2 37 48
8 2 38 51
9 3 39 53
10 4 40 56
11 4 41 59
12 5 42 62
13 6 43 65
14 7 44 68
15 8 45 71
16 9 46 74
17 10 47 77
18 11 48 81
19 13 49 84
20 14 50 88
21 15 51 91
22 17 52 95
23 19 53 98
24 20 54 102
25 22 55 106
26 24 56 110
27 26 57 114
28 27 58 118
29 29 59 122
30 32 60 126
E-77
TABLE 22 CORRECTIONS TO NATURAL SCALE RATIOS
(in units of the 7th decimal place)
LAMBERT OR TRANSVERSE MERCATOR PROJECTION

Note: Scale ratio interpolated for mean latitude or mean x of the ends of a line and corrected by the following,
table is a true mean value accurate to within one in the seventh decimal place.
Correction
y or x
(plus)
10,000 0
20,000 0
30,000 1
40,000 2
50,000 2
60,000 3
70,000 5
80,000 6
90,000 8
100,000 10
110,000 11
120,000 14
130,000 16
140,000 19
150,000 21
160,000 24
170,000 27
180,000 31
190,000 34
200,000 38
210,000 42
220,000 46
230,000 50
240,000 55
250,000 59
260,000 64
270,000 69
280,000 74
290,000 80
300,000 86
310,000 91
320,000 97
330,000 103
340,000 110
350,000 116
E-78
TABLE 23 PROBABLE ERROR FACTORS
n :0.6745 :0.6745 n :0.6745 :0.6745

n-1 n(n-1) n-1 n(n-1)
2 0.6745 0.4769 19 0.1590 0.0365

3 0.4769 0.2754 20 0.1547 0.0346
4 0.3894 0.1947 21 0.1508 0.0329
5 0.3372 0.1508 22 0.1472 0.0314
6 0.3016 0.1231 23 0.1438 0.0300
7 0.2754 0.1041 24 0.1406 0.0287
8 0.2549 0.0901 25 0.1377 0.0275
9 0.2385 0.0795 26 0.1349 0.0265
10 0.2248 0.0711 27 0.1323 0.0255
11 0.2133 0.0643 28 0.1298 0.0245
12 0.2034 0.0587 29 0.1275 0.0237
13. 0.1947 0.0540 30 0.1252 0.0219
14 0.1871 0.0500 31 0.1231 0.0221
15 0.1803 0.0465 32 0.1211 0.0214
16 0.1742 0.0435 33 0.1192 0.0208
17 0.1686 0.0409 34 0.1174 0.0201
18 0.1636 0.0386 35 0.1157 0.0196
E-79
TABLE 24 CONVERSION - ACRES TO SQUARE FEET
AND SQUARE FEET TO ACRES
0 to 19.9 ACRES 0 to 866,844 SQUARE FEET
ACRES SQ. FT. ACRES SQ. FT. ACRES SQ. FT. ACRES SQ. FT.
0.0 0 5.0 217,800 10.0 435,600 15.0 653,400
0.1 4,356 5.1 222,156 10.1 439,956 15.1 657,756
0.2 8,712 5.2 226,512 10.2 444,312 15.2 662,112
0.3 13,068 5.3 230,868 10.3 448,668 15.3 666,468
0.4 17,424 5.4 235,224 10.4 453,024 15.4 670,824
0.5 21,780 5.5 239,580 10.5 457,380 15.5 675,180
0.6 26,136 5.6 243,936 10.6 461,736 15.6 679,536
0.7 30,492 5.7 248,292 10.7 466,092 15.7 683,892
0.8 34,848 5.8 252,648 10.8 470,448 15.8 688,248
0.9 39,204 5.9 257,004 10.9 474,804 15.9 692,604
1.0 43,560 6.0 261,360 11.0 479,160 16.0 696,960

1.1 47,916 6.1 265,716 11.1 483,516 16.1 701,316
1.2 52,272 6.2 270,072 11.2 487,872 16.2 705,672
1.3 56,628 6.3 274,428 11.3 492,228 16.3 710,028
1.4 60,984 6.4 278,784 11.4 496,584 16.4 714,384
1.5 65,340 6.5 283,140 11.5 500,940 16.5 718,740
1.6 69,696 6.6 287,496 11.6 505,296 16.6 723,096
1.7 74,052 6.7 291,852 11.7 509,652 16.7 724,452
1.8 78,408 6.8 296,208 11.8 514,008 16.8 731,808
1.9 82,764 6.9 300,564 11.9 518,364 16.9 736,164
2.0 87,120 7.0 304,920 12.0 522,720 17.0 740,520

2.1 91,476 7.1 309,276 12.1 527,076 17.1 744,876
2.2 95,832 7.2 313,632 12.2 531,432 17.2 749,232
2.3 100,188 7.3 317,988 12.3 535,788 17.3 753,588
2.4 104,544 7.4 322,344 12.4 540,144 17.4 757,944
2.5 108,900 7.5 326,700 12.5 544,500 17.5 762,300
2.6 113,256 7.6 331,056 12.6 548,856 17.6 766,656
2.7 117,612 7.7 335,412 12.7 553,212 17.7 771,012
2.8 121,968 7.8 339,768 12.8 557,568 17.8 775,368
2.9 126,324 7.9 344,124 12.9 561,924 17.9 779,724
3.0 130,680 8.0 348.480 13.0 566,280 18.0 784,080

3.1 135,036 8.1 352,836 13.1 S70,636 18.1 788,436
3.2 139,392 8.2 357,192 13.2 574,992 18.2 792,792
3.3 143,748 8.3 361,548 13.3 579,348 18.3 797,148
3.4 148,104 8.4 365,904 13.4 583,704 18.4 801,504
3.5 152,460 8.5 370,260 13.5 588,060 18.5 805,860
3.6 156,816 8.6 374,616 13.6 592,416 18.6 810,216
3.7 161,172 8.7 378,972 13.7 596,772 18.7 814,572
3.8 165,528 8.8 383,328 13.8 601,128 18.8 818,928
3.9 169,884 8.9 387,684 13.9 605,484 18.9 823,284
4.0 174,240 9.0 392,040 14.0 609,840 19.0 827,640

4.1 178,596 9.1 396,396 14.1 614,196 19.1 831,996
4.2 182,952 9.2 400,752 14.2 618,552 19.2 836,352
4.3 187,308 9.3 405,108 14.3 622,908 19.3 840,708
4.4 191,664 9.4 409,464 14.4 627,264 19.4 845,064
4.5 196,020 9.5 413,820 14.5 631,260 19.5 849,420
4.6 200,376 9.6 418,176 14.6 635,976 19.6 853,776
4.7 204,732 9.7 422,532 14.7 640,332 19.7 858,132
4.8 209,088 9.8 426,888 14.8 644,688 19.8 862,488
4.9 213,444 9.9 431,244 14.9 649,044 19.9 866,844
E-80
AND SQUARE FEET TO ACRES (Continued)
20 to 39.9 ACRES 871,200 to 1,738,044 SQUARE FEET
20.0 871,200 25.0 1,089,000 30.0 1,306.800 35.0 1,524,600
20.1 875,556 25.1 1,093,356 30.1 1,311,156 35.1 1,528,956
20.2 879,912 25.2 1,097,712 30.2 1,315,512 35.2 1,533,312
20.3 884,268 25.3 1,102,068 30.3 1,319,868 35.3 1,537,668
20.4 888,624 25.4 1,106,424 30.4 1,324,224 35.4 1,542,024
20.5 892,980 25.5 1,110,780 30.5 1,328,580 35.5 .1,546,380
20.6 897,336 25.6 1,115,136 30.6 1,332,936 35.6 1,550,736
20.7 901,692 25.7 1,119,492 30.7 1,337,292 35.7 1,555,092
20.8 906,048 25.8 1,123,848 30.8 1,341,648 35.8 1,559,448
20.9 910,404 25.9 1,128,204 30.9 1,346,004 35.9 1,563,804
21.0 914,760 26.0 1,132,560 31.0 1,350,360 36.0 1,568,160

21.1 919,116 26.1 1,136,916 31.1 1,354,716 36.1 1,572,516
21.2 923,472 26.2 1,141,272 31.2 1,359,072 36.2 1,576,872
21.3 927,828 26.3 1,145,628 31.3 1.363,428 36.3 1,581.228
21.4 932,184 26.4 1,149,984 31.4 1,367,784 36.4 1,585.584
21.5 936,540 26.5 1,154,340 31.5 1,372,140 36.5 1,589,940
21.6 940,896 26.6 1,158,696 31.6 1,376,496 36.6 1,594,296
21.7 945,252 26.7 1,163,052 31.7 1,380,852 36.7 1,598,652
21.8 949,608 26.8 1,167,408 31.8 1,385,208 36.8 1,603,008
21.9 953,964 26.9 1,171,764 31.9 1,389,564 36.9 1,607,364
22.0 958,320 27.0 1,176,120 32.0 1,393,920 37.0 1,611,720

22.1 962,676 27.1 1,180,476 32.1 1,398,276 37.1 1,616,076
22.2 967,032 27.2 1,184,832 32.2 1,402,632 37.2 1,620,432
22.3 971,388 27.3 1,189,188 32.3 1,406,988 37.3 1,624,788
22.4 975,744 27.4 1,193,544 32.4 1,411,344 37.4 1,629,144
22.5 980,100 27.5 1,197,900 32.5 1,415,700 37.5 1,633,500
22.6 984:456 27.6 1,202,256 32.6 1,420,056 37.6 1,637,856
22.7 988,812 27.7 1,206,612 32.7 1,424,412 37.7 1,642,212
22.8 993,168 27.8 1,210,968 32.8 1,428,768 37.8 1,646,568
22.9 997,524 27.9 1,215,324 32.9 1,433,124 37.9 1,650,924
23.0 1,001,880 28.0 1,219,680 33.0 1,437,480 38.0 1,655,280

23.1 1,006,236 28.1 1,224,036 33.1 1,441,836 38.1 1,659,636
23.2 1,010,592 28.2 1,228,392 33.2 1,446,192 38.2 1,663,992
23.3 1,014,948 28.3 1,232,748 33.3 1,450,548 38.3 1,668,348
23.4 1,019,304 28.4 1,237,104 33.4 1,454,904 38.4 r,672,704
23.5 1,023,660 28.5 1,241,460 33.5 1,459,260 38.5 1,677,060
23.6 1,028,016 28.6 1,245,816 33.6 1,463,616 38.6 1,681,416
23.7 1,032,372 28.7 1,250,172 33.7 1,467,972 38.7 1,685,772
23.8 1,036,728 28.8 1,254,528 33.8 1,472,328 38.8 1,690,128
23.9 1,041,084 28.9 1,258,884 33.9 1,476,684 38.9 1,694,484
24.0 1,045,440 29.0 1,263,240 34.0 1,481,040 39.0 1,698,840

24.1 1,049,796 29.1 1,267,596 34.1 1,485,396 39.1 1,703,196
24.2 1,054,152 29.2 1,271,952 34.2 1,489,752 39.2 1,707,552
24.3 1,058,508 29.3 1,276,308 34.3 1,494,108 39.3 1,711,908
24.4 1,062,864 29.4 1,280,664 34.4 1,498,464 39.4 1,716,264
24.5 1,067,220 29.5 1,285,020 34.5 1,502,820 39.5 1,720,620
24.6 1,071,576 29.6 1,289,376 34.6 1,507,176 39.6 1,724,976
24.7 1,075,932 29.7 1,293,732 34.7 1,511,532 39.7 1,729,332.
24.8 1,080,288 29.8 1,298,088 34.8 1,515,888 39.8 1,733,688
24.9 1,084,644 29.9 1,302,444 34.9 1,520,244 39.9 1,738,044
E-81
40 to 59.9 ACRES 1,742,400 to 2,609,244 SQUARE FEET
40.0 1,742,400 45.0 1,960,200 50.0 2,178,000 55.0 2, 395,800
40.1 1,746,756 45.1 1,964,556 50.1 2,182,356 55.1 2,400,156
40.2 1,751,112 45.2 1,968,912 50.2 2,186,712 55.2 2,404,512
40.3 1,755,468 45.3 1,973,268 50.3 2,191,068 55.3 2,408,868
40.4 1,759,824 45.4 1,977,624 50.4 2,195,424 55.4 2,413,224
40.5 1,764,180 45.5 1,981,980 50.5 2,199,780 55.5 2,417,580
40.6 1,768,536 45.6 1,986,336 50.6 2,204,136 55.6 2,421,936
40.7 1,772,892 45.7 1,990,692 50.7 2,208,492 55.7 2,426,292
40.8 1,777,248 45.8 1,995,048 50.8 2,212,848 55.8 2,430,648
40.9 1,781,604 45.9 1,999,404 50.9 2,217,204 55.9 2,435,004
41.0 1,785,960 46.0 2,003,760 51.0 2,221,506 56.0 2,439,360

41.1 1,790,316 46.1 2,008,116 51.1 2,225,916 56.1 2,443,716
41.2 1,794,672 46.2 2,012,472 51.2 2,230,272 56.2 2,448,072
41.3 1,799,028 46.3 2,016,828 51.3 1,234,628 56.3 2,452,428
41.4 1,803,384 46.4 2,021,184 51.4 2,238,984 56.4 2,456,784
41.5 1,807,740 46.5 2,025,540 51.5 2,243,340 56.5 2,461,140
41.6 1,812,096 46.6 2,029,896 51.6 2,247,696 56.6 2,465,496
41.7 1,816,452 46.7 2,034,252 51.7 2,252,052 56.7 2,469,852
41.8 1,820,808 46.8 2,038,608 51.8 2,256,408 56.8 2,474,208
41.9 1,825,164 46.9 2,042,964 51.9 2,260,764 56.9 2,478,564
42.0 1,829,520 47.0 2,047,320 52.0 2,265,120 57.0 2,482,920

42.1 1,833,876 47.1 2,051,676 52.1 2,269,476 57.1 2,487,276
42.2 1,838,232 47.2 2,056,032 52.2 2,273,832 57.2 2,491,632
42.3 1,842,588 47.3 2,060,388 52.3 2,278,188 57.3 2,495,988
42.4 1,846,944 47.4 2,064,744 52.4 2,282,544 57.4 2,500,344
42.5 1,851,300 47.5 2,069,100 52.5 2,286,900 57.5 2,504,700
42.6 1;855,656 47.6 2,073,456 52.6 2,291,256 57.6 2,509,056
42.7 1,860,012 47.7 2,077,812 52.7 .2,295,612 57.7 2,513,412
42.8 1,864,368 47.8 2,082,168 52.8 2,299,968 57.8 2,517,768
42.9 1,868,724 47.9 2,086,524 52.9 2,304,324 57.9 2,522,124
43.0 1,873,080 48.0 2,090,880 53.0 2,308,680 58.0 2,526,480

43.1 1,877,436 48.1 2,095,236 53.1 2,313,036 58.1 2,530,836
43.2 1,881,792 48.2 2,099,592 53.2 2,317.392 58.2 2,535,192
43.3 1,886,148 48.3 2,103,948 53.3 2,321,748 58.3 2,539,548
43.4 1,890,504 48.4 2,108,304 53.4 2,326,104 58.4 2,543,904
43.5 1,894,860 48.5 2,112,660 53.5 2,330,460 58.5 2,548,260
43.6 1,899,216 48.6 2,117,016 53.6 2,334,816 58.6 2,552,616
43.7 1,903,572 48.7 2,121,372 53.7 2,339,172 58.7 2,556,972
43.8 1,907,928 48.8 2,125,728 53.8 2,343,528 58.8 2,561,328
43.9 1,912,284 48.9 2,130,084 53.9 2,347,884 58.9 2,565,684
44.0 1,916,640 49.0 2,134,440 54.0 2,352,240 59.0 2,570,040

44.1 1,920,996 49.1 2,138,796 54.1 2,356,596 59.1 2,574,396
44.2 1,925,352 49.2 2,143,152 54.2 2,360,952 59.2 2,578,752
44.3 1,929,708 49.3 2,147,508 54.3 2,365,308 59.3 2,583,108
44.4 1,934,064 49.4 2,151,864 54.4 2,369,664 59.4 2,587,464
44.5 1,938,420 49.5 2,156,220 54.5 2,374,020 59.5 2,591,820
44.6 1,942,776 49.6 2,160,576 54.6 2,378,376 59.6 2,596,176
44.7 1,947,132 49.7 2,164,932 54.7 2,382,732 59.7 2,600,532
44.8 1,951,488 49.8 2,169,288 54.8 2,387,088 59.8 2,604,888
44.9 1,955,844 49.9 2,173,644 54.9 2,391,444 59.9 2,609,244
E-82
60.0 2,613,600 65.0 2,831,400 70.0 3,049,200 75.0 3,267,000
60.1 2,617,956 65.1 2,835,756 70.1 3,053,556 75.1 3,271,356
60.2 2,622,312 65.2 2,840,112 70.2 3,057,912 75.2 3,275,712
60.3 2,626,668 65.3 2,844,468 70-3 3,062,268 75.3 3,280,068
60.4 2,631,024 65.4 2,848,824 70.4 3,066624 75.4 3,284,424
60.5 2,635,380 65.5 2,853,180 70.5 3,070:980 75.5 Z288,780,
60.6 2,639,736 6S.6 2,857,50-6 70.6 3,075,336 75.6 3,293,136
60.7 2,644,092 65.7 2,861,892 .70.7 3,079,692 75.7 3,297,492
60.8 2,648,448 65.8 2,866,248 70.8 3,084,048 75.8 3,301,848
60.9 2,652,804 65.9 2,870,604 70.9 .3,088,404 75.9 3,306,204
61.0 2,657,160 66.0 2,874,960 71.0 3,092,760 76.0 3,3) 10,560

61.1 2,661,516 66.1 2,879,316 71.1 3,097,116 76.1 3,314,916
61.2 2,665,872 66.2 2,883,672 71.2 3,101,472 76.2 3,319,272
61.3 2,670,228 66.3 2,888,028 71.3 3,105,828 76.3 3,323,628
61.4 2,674,584 66.4 2,892,384 71.4 3,110,184 76.4 3,327,984
61.5 2,678,940 66.5 2,896,740 71.S 3,114,540 76.S 3,33 )2,340
61.6 2,683,296 66.6 2,901,096 71.6 3 .118,896 76.6 3,336,696
61.7 2,687,652 66.7 2,905,452 71.7 3,123,252 76.7 2,341,052
61.8 2,692,008 66.8 2,909,808 71.8 3,127,608 76.8 3,345,408
61.9 2,696,364 66.9 2,914,164 71.9 3,131,964 76.9 3,349,764
62.0 2,700,720 67.0 2,918,520 72.0 3,136,320 77.0 3.3 ) 54,120

62.1 2,705,076 67.1 2,922,876 72.1 3,140,676 77.1 3,358,476
62.2 2,709,432 67.2 2,927,232 72.2 3,145,032 77.2 3 ),362,832
62.3 2,713,788 67.3 2,931,588 72.3 3,149,388 77.3 3,367,188
62.4 2,718,144 67.4 2,935,944 72.4 3,153,744 77.4 3,371,544
62.S 2,722,500 67.5 2,940,300 72.5 3,158,100 77.5 3,375,900
62.6 2,726,586 67.6 2,944,656 72.6 3,162,456 77.6 3,380,256
62.7 2,731,212 67.7 2,949,012 72.7 3,166,812 77.7 3,384,612
62.8 2,735,568 67.8 2,9537368 72.8 3,171,168 77.8 3,388,968
62.9 2,739,924. 67.9 2,957,724 72.9 3,175,524 77.9 3,393,324
63.0 2,744,280 68.0 2,962,080 73.0 3,179,880 78.0 3,397,680

63.1 2,748,636 68.1 2,966,436 73.1 3,184,236 78.1 3,402,036
63.2 2,752,992 68.2 2,970,792 73.2 3,188,592 78.2 3,406,3 )92
63.3 2,757,348 68.3 2,975,148 73.3 3,192,948 78.3 3,410,748
63.4 2,761,704 68.4 2,979,504 73.4 3,197,304 78.4 3,41S,104
63.S 2,766,060 68.5 2,983,860 73.5 3,201,660 78-5 3,419,460
63.6 2,770,416 68.6 2,988,216 73.6 3,2406,016 78.6 3,423,816
63.7 2,774,772 6.8.7 2,992,572 73.7 3,210,372 78.7 3,428,172
63.8 2,779,128 68.8 2,996,928 73.8 3,214,728 78.8 3,432,528
63.9 2,783,484 68.9 3,001,284 73.9 3,219,084 78.9 3,436,884
64.0 2,787,840 69.0 3,005,640 74.0 3,223,440 79.0 3,441,240

64.1 2,792,196 69.1 3,009,996 74.1 3,227,796 79.1 3,445,596
64.2 2,796,SS2 69.2 3,014,3S2 74.2 3,232,152 79.2 3,449,952
64.3 2,800,908 69.3 3,018,708 74.3 3,236,SO8 79.3 3,454,308
64.4 2,805,2164 69.4 3,023,064 74.4 3,240,864 79.4 3,458,664
64.5 2,809,620 69.5 3,027,420 74.5 3,245,220 79.5 3,463,0220
64.6 2,81-0,976 69.6 3,031,776 74.6 3,249,576 79.6 3,467,376
64.7 2,818,332 69.7 3,036,132 74.7 3,253,932 79.7 3,471,732
64.8 2,822,688 69.8 3,040,488 74.8 3,258,288 79.8 3,476,088
64.9 2,827,044 69.9 3,044,844 74.9 3,262,644 79.9 3,480,444
E-83
80.0 3,484,800 85.0 3,702,600 90.0 3,920,400 95.0 4,138,200
80.1 3,489,156 85.1 3,706,956 90.1 3,924,756 95.1 4,142,556
80.2 3,493,512 85.2 3,711,312 90.2 3,929,112 95.2 4,146,912
80.3 3,497,868 85.3 3,715,668 90.3 3,933,468 95.3 4,151,268
80.4 3,502,224 85.4 3,720,024 90.4 3,937,824 95.4 4,155,624
80.5 3,506,580 85.5 3,724,380 90.5 3,942,180 95.5 4,159,980
80.6 3,510,936 85.6 3,728,736 90.6 3,946,536 95.6 4,164,336
80.7 3,515,292 85.7 3,733,092 90.7 3,950,892 95.7 4,168,692
80.8 3,519,648 85.8 3,737,448 90.8 3,955,248 95.8 4,173,048
80.9 3,524,004 85.9 3,741,804 90.9 3,959,604 95.9 4,177,404
81.0 3,528,360 86.0 3,746,160 91.0 3,963,960 96.0 4,181,760

81.1 3,532,716 86.1 3,750,516 91.1 3,968,316 96.1 4,186,116
81.2 3,537,072 86.2 3,754,872 91.2 3,972,672 96.2 4,190,472
81.3 3,541,428 86.3 3,759,228 91.3 3,977,028 96.3 4,194,828
81.4 3,545,784 86.4 3,763,584 91.4 3,981,384 96.4 4,199,184
81.5 3,550,140 86.5 3,767,940 91.5 3,985,740 96.5 4,203,540
81.6 3,554,496 86.6 3,772,296 91.6 3,990,096 96.6 4,207,896
81.7 3,558,852. 86.7 3,776,652 91.7 3,994,452 96.7 4,212,252
81.8 3,563,208 86.8 3,781,008 91.8 3,998,808 96.8 4,216,608
81.9 3,567,564 86.9 3,785,364 91.9 4,003,164 96.9 4,220,964
82.0 3,571,920 87.0 3,789,720 92.0 4,007,520 97.0 4,225,320

82.1 3,576,276 87.1 3,794,076 92.1 4,011,876 97.1 4,229,676
82.2 3,580,632 87.2 3,798,432 92.2 4,016,232 97.2 4,234,032
82.3 3,584,988 87.3 3,802,788 92.3 4,020,588 97.3 4,238,388
82.4 3,589,344 87.4 3,807,144 92.4 4,024,944 97.4 4,242,744
82.5 3,593,700 87.5 3,811,500 92.5 4,029,300 97.5 4,247,100
82.6 3,598,056 87.6 3,815,856 92.6 4,033,656 97.6 4,251,456
82.7 3,602,412 87.7 3,820,212 92.7 4,038,012 97.7 4,255,812
82.8 3,606,768 87.8 3,824,568 92.8 4,042,368 97.8 4,260,168
82.9 3,611,124 87.9 3,828,924 92.9 4,046,724 97.9 4,264,524
83.0 3,615,480 88.0 3,833,280 93.0 4,051,030 98.0 4,268,880

83.1 3,619,836 88.1 3,837,636 93.1 4,055,436 98.1 4,273,236
83.2 3,624,192 88.2 3,841,992 93.2 4,059,792 98.2 4,277,592
83.3 3,628,548 88.3 3,846,348 93.3 4,064,148 98.3 4,281,948
83.4 3,632,904 88.4 3,850,704 93.4 4,068,504 98.4 4,286,304
83.5 3,637,260 88.5 3,855,060 93.5 4,072,860 98.5 4,290,660
83.6 3,641,616 88.6 3,859,412 93.6 4,077,216 98.6 4,295,016
83.7 3,645,972 88.7 3,863,772 93.7 4,081,572 98.7 4,299,372
83.8 3,650,328 88.8 3,868,123 93.8 4,085,928 98.8 4,303,728
83.9 3,654,684 88.9 3,872,434 93.9 4,090,284 98.9 4,308,084
84.0 3,659,040 89.0 3,876,840 94.0 4,094,640 99.0 4,312,440

84.1 3,663,396 89.1 3,881,196 94.1 4,098,996 99.1 4,316,796
84.2 3,667,752 89.2 3,835,552 94.2 4,103,352 99.2 4,321,152
84.3 3,672,108 89.3 3,889,908 94.3 4,107,708 99.3 4,325,508
84.4 3,676,464 98.4 3,894,264 94.4 4,112,064 99.4 4,329,864
84.5 3,680,820 89.5 3,898,620 94.5 4,116,420 99.5 4,334,220
84.6 3,685,176 89.6 3,902,976 94.6 4,120,776 99.6 4,338,576
84.7 3,689,532 89.7 3,907,332 94.7 4,125,132 99.7 4,342,932
84.8 3,693,888 89.8 3,911,688 94.8 4,129,488 99.8 4,347,288
84.9 3,698,244 89.9 3,916,044 94.9 4,133,844 99.9 4,351,644
E-84
TABLE 25 RIGHT-OF-WAY ACREAGES
ACRES PER VARIOUS WIDTHS AND LENGTHS OF RIGHT-OF-WAY
R/W PER 1/4 MI. PER 1/2 MI. P ER I MI.

PER 100 FT.
WIDTH 1320 2640 5280
5 0.012 0.152 0.303 0.606

10 0.023 0.303 0.606 1.212
15 0.034 0.454 0.909 1.818
20 0.046 0.606 1.212 2.424
25 0.057 0.758 1.515 3.030
30 0.069 0.909 1.818 3.636
35 0.080 1.061 2.121 4.242
40 0.092 1.212 2.424 4.848
45 0.103 1.364 2.727 5.454
50 0.114 1.515 3.030 6.060
55 0.126 1.667 3.333 6.667
60 0.138 1.818 3.636 7.273
65 0.149 1.970 3.939 7.879
70 0.161 2.121 4.242 8.485
75 0.172 2.273 4.545 9.091
80 0.184 2.424 4.848 9.697
85 0.195 2.576 5.152 10.303
90 0.207 2.727 5.454 10.909
95 0.218 2.879 5.758 11.515
100 0.230 3.030 6.061 12.121
105 0.241 3.182 6.364 12.727
110 0.252 3.333 6.667 13.333
115 0.264 3.485 6.970 13.939
120 0.275 3.636 7.273 14.545
125 0.287 3.788 7.576 15.152
130 0.298 3.939 7.879 15.758
135 0.310 4.091 8.182 16.364
140 0.321 4.242 8.485 16.970
145 0.333 4.394 8.788 17.576
150 0.344 4.545 9.091 18.182
MISCELLANEOUS R/W ACREAGES
R/W RIGHT-OF-WAY LENGTH

WIDTH 40 50 60 70 80 90 100 200 300 400
6 .01 .01 .01 .01 .01 .01 .01 .03 .04 .06
11 .01 .01 .02 .02 .02 .02 .02 .05 .08 .10
12 .01 .01 .02 .02 .02 .02 .03 .06 .08 .11
16 .02 .02 .02 .03 .03 .03 .04 .07 .11 .15
18 .02 .02 .02 .03 .03 .04 .04 .08 .12 .16
24 .02 .03 .03 .04 .04 .05 .06 .11 .16 .22
E-85
TABLE 26 RIGHT-OF-WAY ACREAGES
ACRES PER TENTH OF HUNDRED FOOT STATIONS
WIDTHS
10 20 30 40 50 60 70 80 90 100
0.1 .002 .005 .01 .01 .01 .01 .02 .02 .02 .02
0.2 .005 .01 .02 .02 .02 .03 .04 .04 .04 .02
0.3 .01 .01 .02 .03 .04 .04 .05 .06 .06 .05
Lengths in Tenths
0.4 .01 .02 .03 .04 .05 .06 .06 .07 .08 .09
0.5 .01 .02 .03 .05 .06 .07 .08 .09 .10 .12
0.6 .01 .03 .04 .06 .07 .08 .10 .11 .12 .14
0.7 .02 .03 .05 .07 .08 .10 .11 .13 .15 .16
0.8 .02 .04 .06 .07 .09 .11 .13 .15 .17 .18
0.9 .02 .04 .06 .08 .10 .12 .15 .17 .19 .21
1.0 .02 .05 .07 .09 .12 .14 .16 .18 .21 .23
ACRES PER HUNDRED FOOT STATIONS
WIDTHS
10 20 30 40 50 60 70 80 90 100
1.0 .02 .05 .07 .09 .12 .14 .16 .18 .21 .23
2.0 .05 .09 .14 .18 .23 .28 .32 .39 .41 .46
Lengths in Hundred Feet
3.0 .07 .14 .21 .28 .35 .41 .48 .55 .62 .69
4.0 .09 .18 .28 .36 .46 .55 .64 .74 .83 .92
5.0 .12 .23 .35 .46 .58 .69 .81 .92 1.04 1.15
6.0 .14 .28 .41 .55 .69 .83 .97 1.10 .24 1.38
7.0 .16 .32 .48 .65 .81 .97 1.13 1.29 1.45 1.61
8.0 .18 .39 .56 .74 .92 1.10 1.29 1.47 1.66 1.84
9.0 .21 .41 .62 .83 1.04 1.24 1.45 1.66 1.86 2.07
10.0 .23 .46 .70 .92 1.15 1.38 1.61 1.84 2.07 2.30
See Table 25 for acreages of various widths and lengths of right-of-way.
E-86
TABLE 27 STANDARD HIGHWAY SPIRAL
Printed By Permission of the Oregon Department of Transportation a = 0.1
SPIRAL
D S q in feet p in feet Y in feet X in feet C in feet U in feet V in feet
LENGTH
10 000.6 000.03 5.00 0.00 10.00 0.00 10.00 6.67 3.13

20 001.2 000.12 10.00 0.00 20.00 0.00 20.00 13.33 6.67
30 001.8 000.27 15.00 0.00 30.00 0.00 30.00 20.00 10.00
40 002.4 000.48 20.00 0.00 40.00 0.00 40.00 26.67 13.33
50 003.0 000.75 25.00 0.00 50.00 0.00 50.00 33.33 16.67
60 003.6 001.08 30.00 0.00 60.00 0.01 60.00 40.00 20.00
70 004.2 001.47 35.00 0.00 70.00 0.01 70.00 46.67 23.33
80 004.8 001.92 40.00 0.00 80.00 0.01 80.00 53,33 26.67
90 005.4 002.43 45.00 0.00 90.00 0.02 90.00 60.00 30.00
100 006.0 003.00 50.00 0.01 100.00 0.03 100.00 66.67 33.33
110 006.6 003.63 55.00 0.01 110.00 0.04 110.00 73.33 36.67
120 007.2 004.32 60.00 0.01 120.00 0.05 120.00 80.00 40.00
130 007.8 005.07 65.00 0.02 130.00 0.06 130.00 86.67 43.33
140 008.4 005.88 70.00 0.02 140.00 0.08 140.00 93.33 46.67
150 009.0 006.75 75.00 0.02 150.00 0.10 150.00 100.00 50.00
160 009.6 007.68 80.00 0.03 160.00 0.12 160.00 106.67 53.33
170 010.2 008.67 85.00 0.04 170.00 0.14 170.00 113.33 56.61
180 010.8 009.72 90.00 0.04 180.00 0.17 180.00 120.00 60.00
190 011.4 010.83 95.00 0.05 190.00 0.20 190.00 126.67 63.33
200 012.0 012.00 100.00 0.06 200.00 0.23 200.00 133.33 66.67
210 012.6 013.23 105.00 0.07 210.00 0.27 210.00 140.00 70.00
220 013.2 014.52 110.00 0.08 220.00 0.31 220.00 146.67 73.33
230 013.8 015.87 115.00 0.09 230.00 0.35 230.00 153.33 76.67
240 014.4 017.28 120.00 0.10 240.00 0.40 240.00 160.00 80.00
250 015.0 018.75 125.00 0.11 250.00 0.45 250.00 166.67 83.33
260 015.6 020.28 130.00 0.13 260.00 0.51 260.00 173.33 86.67
270 016.2 021.87 135.00 0.14 270.00 0.57 270.00 180.00 90.00
280 016.8 023.52 140.00 0.16 280.00 0.64 280.00 186.67 93.33
290 017.4 025.23 145.00 0.18 290.00 0.71 290.00 193.33 96.67
300 018.0 027.00 150.00 0.20 300.00 0.79 300.00 200.00 100.00
310 018.6 028.83 155.00 0.22 310.00 0.87 310.00 206.67 103.33
320 019.2 030.72 160.00 0.24 320.00 0.95 320.00 213.33 106.67
330 019.8 032.67 165.00 0.26 330.00 1.05 330.00 220.00 110.00
340 020.4 034.68 170.00 0.29 340.00 1.14 340.00 226.67 113.33
350 021.0 036.75 175.00 0.31 350.00 1.25 350.00 233.33 116.67
360 021.6 038.88 180.00 0.34 360.00 1.36 360.00 240.00 120.00
370 022.2 041.07 185.00 0.37 369.99 1.47 370.00 246.67 123.34
380 022.8 043.32 190.00 0.40 379.99 1.60 380.00 253.34 126.67
390 023.4 045.63 195.00 0.43 389.99 1.73 390.00 260.00 130.00
400 024.0 048.00 200.00 0.47 399.99 1.86 400.00 266.67 133.34
410 024.6 050.43 205.00 0.50 409.99 2.00 410.00 273.34 136.67
420 025.2 052.92 210.00 0.54 419.99 2.16 420.00 280.00 140.00
430 025.8 055.47 215.00 0.58 429.99 2.31 430.00 286.67 143.34
440 026.4 058.08 220.00 0.62 439.99 2.48 439.99 293.34 146.67
450 027.0 100.75 225.10 0.66 449.99 2.65 449.99 300.00 150.00
460 027.6 103.48 230.00 0.71 459.98 2.83 459.99 306.67 153.34
470 028.2 106.27 235.00 0.75 469.98 3.02 469.99 313.34 156.67
480 028.8 109.12 240.00 0.80 479.98 3.22 479.99 320.01 160.01
490 029.4 112.03 245.00 0.86 489.98 3.42 489.99 326.67 163.34
500 030.0 115.00 250.00 0.91 499.98 3.64 499.99 333.34 166.67
See Appendix for spiral curve nomenclature
E-87
TABLE 27 STANDARD HIGHWAY SPIRAL (Continued)
SPIRAL
LENGTH
510 030.6 118.03 255.00 0.96 509.97 3.86 509.99 340.01 170.01
520 031.2 l21.12 260.00 1.02 519.97 4.09 519.99 346.68 173.34
530 031.8 124.27 264.99 1.08 529.97 4.33 529.99 353.34 176.68
540 032.4 127.48 269.99 1.15 539.97 4.58 539.98 360.01 180.01
550 033.0 130.75 274.99 1.21 549.96 4.84 549.98 366.68 183.35
560 033.6 134.08 279.99 1.28 559.96 5.11 559.98 373.35 186.68
570 034.2 137.47 284.99 1.35 569.95 5.39 569.98 380.02 190.01
580 034.8 140.92 289.99 1.42 579.95 5.68 579.98 386.68 193.35
590 035.4 144.43 294.99 1.49 589.95 5.97 589.98 393.35 196.68
600 036.0 148.00 299.99 1.57 599.94 6.28 599.97 400.02 200.02
610 036.6 151.63 304.99 1.65 609.94 6.60 609.97 406.69 203.35
620 037.2 155.32 309.99 1.73 619.93 6.93 619.97 413.36 206.69
630 037.8 159.07 314.99 1.82 629.92 7.27 629.97 420.03 210.02
640 038.4 202.88 319.99 1.91 639.92 7.62 639.96 426.70 213.36
650 039.0 206.75 324.99 2.00 649.91 7.99 649.96 433.36 216.69
660 039.6 210.68 329.98 2.09 659.90 8.36 659.96 440.03 220.03
670 040.2 214.67 334.98 2.19 669.90 8.75 669.95 446.70 223.37
680 040.8 218.72 339.98 2.29 679.89 9.15 679.95 453.37 226.70
690 041 4 222.83 344.98 2.39 689.88 9.55 689.95 460.04 230.04
700 042.0 227.00 349.98 2.49 699.87 9.98 699.94 466.71 233.37
710 042.6 231.23 354.98 2.60 709.86 10.41 709.94 473.38 236.71
720 043.2 235.52 359.98 2.71 719.85 10.86 719.93 480.05 240.05
730 043.8 239.87 364.97 2.83 729.84 11.31 729.93 486.72 243.38
740 044.4 244.28 369.97 2.95 739.83 11.79 739.92 493.39 246.72
750 045.0 248.75 374.97 3.07 749.82 12.27 749.92 500.06 250.06
760 045.6 253.26 379.97 3.19 759.81 12.77 759.91 506.73 253.39
770 046.2 257.87 384.97 3.32 769.79 13.28 769.91 513.41 256.73
780 046.8 302.52 389.96 3.45 779.78 13.80 779.90 520.08 260.07
790 047.4 307.23 394.96 3.59 789.77 14.34 789.90 526.75 263.41
800 048.0 312.00 399.96 3.72 799.75 14.89 799.89 533.42 266.75
810 048.6 316.85 404.96 3.86 809.73 15.46 809.88 540.09 270.08
820 049.2 321.72 409.95 4.01 819.72 16.03 819.87 546.77 273.42
830 049.8 326.67 414.95 4.16 829.70 16.63 829.87 553.44 276.76
840 050.4 331.68 419.95 4.31 839.68 17.24 839.86 560.11 280.10
850 051.0 336.75 424.94 4.47 849.66 17.86 849.85 566.78 283.44
860 051.6 341.88 429.94 4.62 859.64 18.50 859.84 573.46 286.78
870 052.2 347.07 434.94 4.79 869.62 19.15 869.83 580.13 290.12
880 052.8 352.32 439.93 4.95 879.60 19.82 879.82 586.81 293.46
890 053.4 357.63 444.93 5.13 889.57 20.50 889.81 593.48 296.80
900 054.0 403.00 449.93 5.30 899.55 21.20 899.80 600.16 300.14
910 054.6 408.43 454.92 5.48 909.52 21.91 909.79 606.83 303.48
920 055.2 413.92 459.92 5.66 919.50 22.64 919.78 613.51 306.83
930 055.8 419.47 464.91 5.85 929.47 23.39 929.76 620.19 310.17
940 056.4 425.08 469.91 6.04 939.44 24.15 939.75 626.86 313.51
950 057.0 430.75 474.90 6.23 949.41 24.93 949.74 633.54 316.85
960 057.6 436.48 479.90 6.43 959.38 25.72 959.72 640.22 320.20
970 058.2 442.27 484.89 6.64 969.35 26.54 969.71 646.90 323.54
980 058.8 448.12 489.89 6.84 979.31 27.36 979.69 653.57 326.89
990 059.4 454.03 494.88 7.05 989.28 28.21 989.68 660.25 330.23
1000 100.0 500.00 499.87 7.27 999.24 29.07 999.66 666.93 333.58
See Appendix for graphic illustration of spiral curve elements
E-88
SPIRAL
LENGTH
10 001.2 000.06 5.00 0.00 10.00 0.00 10.00 6.67 3.33

20 002.4 000.24 10.00 0.00 20.00 0.00 20.00 13.33 6.67
30 003.6 000.54 15.00 0.00 30.00 0.00 30.00 20.00 10.00
40 004.8 000.96 20.00 0.00 40.00 0.00 40.00 26.67 13.33
so 006.0 001.50 25.00 0.00 50.00 0.01 50.00 33.33 16.67
60 007.2 002.16 30.00 0.00 60.00 0.01 60.00 40.00 20.00
70 008.4 002.94 35.00 0.00 70.00 0.02 70.00 46.67 23.33
80 009.6 003.84 40.00 0.01 80.00 0.03 80.00 53.33 26.67
90 010.8 004.86 45.00 0.01 90.00 0.04 90.00 60.00 30.00
100 012.0 006.00 50.00 0.01 100.00 0.06 100.00 66.67 33.33
110 013.2 007.26 55.00 0.02 110.00 0.08 110.00 73.33 36.67
120 014.4 008.64 60.00 0.03 120.00 0.10 120.00 80.00 40.00
130 015.6 010.14 65.00 0.03 130.00 0.13 130.00 86.67 43.33
140 016.8 011.76 70.00 0.04 140.00 0.16 140.00 93.33 46.67
156 018.0 013.50 75.00 0.05 150.00 0.20 150.00 100.00 50.00
160 0 19.2 0153 6 80.00 0.06 160.00 0.24 160.00 106.67 53.33
170 020.4 017.34 85.00 0.07 170.00 0.29 170.00 113.33 56.67
180 021.6 019.44 90.00 0.08 180.00 0.34 180.00 120.00 60.00
190 022.8 0 21.66 95.00 0.10 190.00 0.40 190.00 126.67 63.33
200 024.0 0 24.00 100.00 0.12 200.00 0.47 200.00 133.33 66.67
210 025.2 026.46 105.00 0.13 210.00 0.54 210.00 140.00 70.00
220 026.4 029.04 110.00 0.15 220.00 0.62 220.00 146.67 73.33
230 027.6 031.74 115.00 0.18 230.00 0.71 230.00 153.33 76.67
240 028.8 034.56 120.00 0.20 240.00 0.80 240.00 160.00 80.00
250 030.0 037.50 125.00 0.23 250.00 0.91 250.00 166.67 83.33
260 031.2 040.56 130.00 0.26 260.00 1.02 260.00 173.33 86.67
270, 032.4 043.74 135.00 0.29 270.00 1.15 270.00 180.00 90.00
280 033.6 047.04 140.00 0.32 279.99 1.28 280.00 186.67 93.34
290 034.8 050.46 145.00 0.35 289.99 1.42 290.00 193.34 96.67
300 036.0 054.00 150.00 0.39 299.99 1.57 300.00 200.00 100.00
310 037.2 057.66 155.00 0.43 309.99 1.73 310.00 206.67 103.34
320 038.4 101.44 160.00 0.48 319.99 1.91 320.00 213.34 106.67
330 039.6 105.34 165.00 0.52 329.99 2.09 329.99 220.00 110.00
340 040.8 109.36 170.00 0.57 339.99 2.29 339.99 226.67 113.34
350 042.0 113.50 175.00 0.62 349.98 2.49 349.99 233.34 116.67
360 043.2 117.76 180.00 0.68 359.98 2.71 359.99 240.01 120.01
370 044.4 122.14 185.00 0.74 369.98 2.95 369.99 246.67 123.34
380 045.6 126.64 190.00 0.80 379.98 3.19 379.99 253.34 126.67
390 046.8 131.26 195.00 0.86 389.97 3.45 389.99 260.01 130.01
400 048.0 136.00 199.99 0.93 399.97 3.72 399.99 266.68 133.34
410 049.2 140.86 204.99 1.00 409.96 4.01 409.98 273.35 136.68
420 050.4 145.84 209.99 1.08 419.96 4.31 419.98 280.01 140.01
430 05l.6 150.94 214.99 1.16 429.96 4.63 429.98 286.68 143.35
440 052.8 156.16 219.99 1.24 439.95 4.96 439.98 293.35 146.68
450 054.0 201.50 224.99 1.33 449.94 5.30 449.98 300.02 150.02
460 055.2 206.96 229.99 1.42 439.94 5.66 459.97 306.69 153.35
470 056.4 212.54 234.99 1.51 469.93 6.04 469.97 313.36 156.69
480 057.6 218.24 239.99 1.61 479.92 6.43 479.97 320.03 160.02
490 058.8 224.06 244.99 1.71 489.91 6.84 489.96 226.70 163.36
500 100.0 230.00 249.98 1.82 499.90 7.27 499.96 333.37 166.70
E-89
SPIRAL
LENGTH
510 101.2 236.06 254.98 1.93 509.89 7.72 509.95 340.04 170.03
520 102.4 242.24 259.98 2.04 519.88 8.18 519.95 346.71 173.37
530 103.6 248.54 264.98 2.17 529.87 8.66 529.94 353.38 176.71
540 104.8 254.96 269.98 2.29 539.86 9.16 539.94 360.05 180.04
550 106.0 301.50 274.97 2.42 549.85 9.68 549.93 366.72 183.38
560 107.2 308.16 279.97 2.55 559.83 10.21 559.93 373.39 186.72
570 108.4 314.94 284.97 2.69 569.82 10.77 569.92 380.06 190.06
580 109.6 321.84 289.97 2.84 579.80 11.35 579.91 386.74 193.40
590 110.8 328.86 294.96 2.99 589.78 11.95 589.90 393.41 196.74
600 112.0 336.00 299.96 3.14 599.76 12.56 599.89 400.08 200.08
610 113.2 343.26 304.96 3.30 609.74 13.20 609.89 406.76 203.42
620 114.4 350.64 309.95 3.47 610.72 13.86 619.88 413.43 206.76
630 115.6 358.14 314.95 3.64 629.70 14.54 629.87 420.11 210.10
640 116.8 405.76 319.95 3.81 639.67 15.25 639.85 426.78 213.44
650 118.0 413.50 324.94 3.99 649.65 15.97 649.84 433.46 216.78
660 119.2 421.36 329.94 4.18 659.62 16.72 659.83 440.13 220.12
670 120.4 429.34 334.93 4.37 669.59 17.49 669.82 446.81 223.46
680 121.6 437.44 339.93 4.57 679.56 18.28 679.80 453.49 226.81
690 122.8 445.66 344.92 4.78 689.52 19.10 689.79 460.17 230.15
700 124.0 454.00 349.91 4.99 699.49 19.94 699.77 466.85 233.50
710 125.2 502.46 354.91 5.20 709.45 20.81 709.76 473.53 236.84
720 126.4 511.04 359.90 5.43 719.41 21.70 719.74 480.21 240.19
730 127.6 519.74 364.89 5.66 729.37 22.62 729.72 486.89 243.53
740 128.8 528.56 369.89 5.89 739.32 23.56 739.70 493.57 246.88
750 130.0 537.50 374.88 6.13 749.28 24.53 749.68 500.25 250.23
760 131.2 546.56 379.87 6.38 759.23 25.52 759.66 506.94 253.58
770 132.4 555.74 384.86 6.64 769.18 26.54 769.63 513.62 256.93
780 133.6 605.04 389.85 6.90 779.12 27.59 779.61 520.31 260.28
790 134.8 614.46 394.84 7.17 789.06 28.66 789.58 526.99 263.63
800 136.0 624.00 399.83 7.44 799.00 29.76 799.56 533.68 266.98
810 137.2 633.66 404.82 7.73 808.94 30.89 809.53 540.37 270.34
920 138.4 643.44 409.81 8.02 818.87 32.05 819.50 547.06 273.69
830 139.6 653.34 414.80 8.31 828.80 33.23 829.47 553.75 277.05
840 140.8 703.36 419.79 8.62 838.73 34.44 839.43 560.45 280.41
850 142.0 713.50 424.77 8.93 848.65 35.69 849.40 567.14 283.76
860 143.2 723.76 429.76 9.25 858.57 36.96 859.36 573.83 287.12
870 144.4 734.14 434.75 9.57 868.48 38.26 869.33 580.53 290.48
880 145.6 744.64 439.73 9.91 878.39 39.59 879.29 587.23 293.84
890 146.8 755.26 444.72 10.25 888.30 40.96 889.24 593.93 297.21
900 148.0 806.00 449.70 10.60 898.20 42.35 899.20 600.63 300.57
910 149.2 816.86 454.68 10.95 908.10 43.78 909.16 607.33 303.94
920 150.4 827.84 459.67 11.32 917.99 45.23 919.11 614.04 307.31
930 151.6 838.94 464.65 11.69 927.88 46.72 929.06 620.74 310.67
940 152.8 850.16 469.63 12.07 937.77 48.24 939.01 627.45 314.04
950 154.0 901.50 474.61 12.46 947.65 49.79 948.95 634.16 317.42
960 155.2 912.96 479.59 12.86 957.52 51.38 958.90 640.87 320.79
970 156.4 924.54 484.56 13.26 967.39 52.99 968.84 647.58 324.17
980 157.6 936.24 489.54 13.68 977.25 54.65 978.78 654.30 327.54
990 158.8 948.06 494.52 14.10 987.11 56.33 988.71 661.01 330.92
1000 200.0 1000.00 499.49 14.53 996.96 58.05 998.65 667.73 334.30
E-90
SPIRAL
LENGTH
10 001.5 000.08 5.00 0.00 10.00 0.00 10.00 6.67 3.33

20 003.0 000.30 10.00 0.00 20.00 0.00 20.00 13.33 6.67
30 004.5 000.68 15.00 0.00 30.00 0.00 30.00 20.00 10.00
40 006.0 001.20 20.00 0.00 40.00 0.00 40.00 26.67 13.33
50 007.5 001.88 25.00 0.00 50.00 0.01 50.00 33.33 16.67
60 009.0 002.70 30.00 0.00 60.00 0.02 60.00 40.00 20.00
70 010.5 003.68 35.00 0.01 70.00 0.02 70.00 46.67 23.33
80 012.0 004.80 40.00 0.01 80.00 0.04 80.00 53.33 26.67
90 013.5 006.08 45.00 0.01 90.00 0.05 90.00 60.00 30.00
100 015.0 007.50 50.00 0.02 100.00 0.07 100.00 66.67 33.33
110 016.5 009.08 55.00 0.02 110,00 0.10 110.00 73.33 36.67
120 018.0 010.80 60.00 0.03 120.00 0.13 120.00 80.00 40.00
130 019.5 012.68 65.00 0.04 130.00 0.16 130.00 86.67 43.33
140 021.0 014.70 70.00 0.05 140.00 0.20 140.00 93.33 46.67
150 022.5 016.88 75.00 0.06 150.00 0.25 150.00 100.00 50.00
160 024.0 019.20 80.00 0.07 160.00 0.30 160.00 106.67 53.33
170 025.5 021.68 85.00 0.09 170.00 0.36 170.00 113.33 56.67
180 027.0 024.30 90.00 0.11 180.00 0.42 180.00 120.00 60.00
190 028.5 027.08 95.00 0.12 190.00 0.50 190.00 126.67 63.33
200 030.0 030.00 100.00 0.15 200.00 0.58 200.00 133.33 66.67
210 031.5 033.08 105.00 0.17 210.00 0.67 210.00 140.00 70.00
220 033.0 036.30 110.00 0.19 220.00 0.77 220.00 146.67 73.33
230 034.5 039.68 115.00 0.22 230.00 0.88 230.00 153.33 76.67
240 036.0 043.20 120.00 0.25 240.00 1.01 240.00 160.00 80.00
250 037.5 046.88 125.00 0.28 250.00 1.14 250.00 166.67 83.33
260 039.0 050.70 130.00 0.32 259.99 1.28 260.00 173.34 86.67
270 040.5 054.68 135.00 0.36 269.99 1.43 270.00 180.00 90.00
280 042.0 058.80 140.00 0.40 279.99 1.60 280.00 186.67 93.34
290 043.5 103.08 145.00 0.44 289.99 1.77 290.00 193.34 96.67
300 045.0 107.50 150.00 0.49 299.99 1.96 299.99 200.00 100.00
310 046.5 112.08 15S.00 0.54 309.99 2.17 309.99 206.67 103.34
320 048.0 116.80 160.00 0.60 319.98 2.38 319.99 213.34 106.67
330 049.5 121.68 165.00 0.65 329.98 2.61 329.99 220.01 110.01
340 051.0 126.70 170.00 0.71 339.98 2.86 339.99 226.67 113.34
350 052.5 131.88 175.00 0.78 349.97 3.12 349.99 233.34 116.67
360 054.0 137.20 180.00 0.85 359.97 3.39 359.99 240.01 120.01
370 055.5 142.68 184.99 0.92 369.97 3.68 369.99 246.68 123.34
380 057.0 148.30 189.99 1.00 379.96 3.99 379.98 253.35 126.68
390 058.5 154.08 194.99 1.08 389.96 4.31 389.98 260.01 130.01
400 100.0 200.00 199.99 1.16 399.95 4.65 399.98 266.68 133.35
410 101.5 206.08 204.99 1.25 409.94 5.01 409.98 273.35 136.68
420 103.0 212.30 209.99 1.35 419.94 5339 41997 280.02 140.02
430 104.5 218.68 214.99 1.45 429.93 5.78 429.97 286.69 143.36
440 106.0 225.20 219.99 1.55 439.92 6.19 439.97 293.36 146.69
450 107.5 231.88 224.99 1.66 449.91 6.63 449.96 300.03 150.03
460 109.0 238.70 229.98 1.77 459.90 7.08 459.96 306.70 153.36
470 110.5 245.68 234.98 1.89 469.89 7.55 469.95 313.37 156.70
480 112.0 252.80 239.98 2.01 479.88 8.04 479.95 320.04 160.04
490 113.5 300.08 244.98 2.14 489.87 8.55 489.94 326.71 163.38
500 115.0 307.50 249.98 2.27 499.85 9.09 499.93 333.39 166.71
E-91
SPIRAL
LENGTH
510 116.5 315.08 254.97 2.41 509.84 9.64 509.93 340.06 170.05
520 118.0 322.80 259.97 2.56 519.82 10.22 519.92 346.73 173.39
530 119.5 330.68 264.97 2.71 529.80 10.82 529.91 353.40 176.73
540 121.0 338.70 269.96 2.86 539.78 11.45 539.90 360.08 180.07
550 122.5 346.88 274.96 3.02 549.76 12.10 549.89 366.75 183.41
560 124.0 355.20 279.96 3.19 559.74 12.77 559.88 373.42 186.75
570 125.5 403.68 284.95 3.37 569.71 13.46 569.87 380.10 190.09
580 127.0 412.30 289.95 3.55 579.69 14.18 579.86 386.78 193.43
590 128.5 421.08 294.94 3.73 589.66 14.93 589.85 393.45 196.77
600 130.0 430.00 299.94 3.93 599.63 15.70 599.84 400.13 200.12
610 131.5 439.08 304.93 4.13 609.60 16.50 609.82 406.81 203.46
620 133.0 448.30 309.93 4.33 619.56 17.32 619.81 413.49 206.81
630 134.5 457.68 314.92 4.54 629.53 18.17 629.79 420.17 210.15
640 136.0 507.20 319.91 4.76 639.49 19.05 639.77 426.85 213.50
650 137.5 516.88 324.91 4.99 649.45 19.96 649.75 433.53 216.84
660 139.0 526.70 329.90 5.23 659.40 20.89 659.74 440.21 220.19
670 140.5 536.68 334.89 5.47 669.36 21.86 669.71 446.89 223.54
680 142.0 546.80 339.88 5.71 679.31 22.85 679.69 453.58 226.89
690 143.5 557.08 344.88 5.97 689.26 23.87 689.67 460.26 230.24
700 145.0 607.50 349.87 6.23 699.20 24.92 699.64 466.95 233.59
710 146.5 618.08 354.86 6.50 709.14 26.01 709.62 473.63 236.94
720 148.0 628.80 359.85 6.78 719.08 27.12 719.59 480.32 240.29
730 149.5 639.68 364.84 7.07 729.01 28.26 729.56 487.01 243.65
740 151.0 6 50.70 369.82 7.36 738.94 29.44 739.53 493.70 247.00
750 152.5 701.88 374.81 7.67 748.87 30.65 749.50 500.39 250.36
760 154.0 713.20 379.80 7.98 758.79 31.89 759.46 507.09 253.72
770 156.5 724.68! 384.79 8.30 768.71 33.16 769.43 513.78 257.08
780 157.0 736.30 389.77 8.62 778.63 34.47 779.39 520.48 260.44
790 158.5 748.08 394.76 8.96 788.54 35.81 789.35 527.18 263.80
800 200.0 800.00 399.74 9.30 798.44 37.18 799.31 533.88 267.16
810 201.5 812.08 404.72 9.65 808.34 38.59 809.26 540.58 270.53
820 203.0 824.30 409.71 10.02 818.24 40.04 819.22 347.28 273.89
830 204.5 836.68 414.69 10.39 828.13 41.51 829.17 553.90 277.26
840 206.0 849.20 419.67 10.77 838.01 43.03 839.12 560.70 280.63
850 207.5 901.88 424.65 11.16 847.89 44.58 849.06 567.41 284.01
860 209.0 914.70 429.63 11.55 857.76 46.17 859.01 574.12 287.38
870 210.5 927.68 434.60 11.96 867.63 47.79 868.95 580.83 290.76
880 212.0 940.80 439.58 12.38 877.49 49.46 878.88 587.55 294.13
890 213.5 954.08 444.56 12.80 887.35 51.16 888.82 594.26 297.51
900 215.0 1007.50 449.53 13.24 897.19 52.90 898.75 600.98 300.90
910 216.5 1021.08 454.51 13.68 907.03 54.67 908.68 607.71 304.28
920 218.0 1034.80 459.48 14.14 916.87 56.49 918.61 614.43 307.67
930 219.5 1048.68 464.45 14.61 926.69 58.35 928.53 621.16 311.06
940 221.0 1102.70 469.42 15.08 936.51 60.24 938.45 627.89 314.45
950 222.5 1116.88 474.39 15.57 946.32 62.18 948.36 634.62 317.84
960 224.0 1131.20 479.35 16.06 956.13 64.15 958.28 641.36 321.24
970 225.5 1145.68 484.32 16.57 965.92 66.17 968.18 648.10 324.64
980 227.0 1200.30 489.28 17.08 975.71 68.23 978.09 654.84 328.04
990 228.5 1215.08 494.25 17.61 985.48 70.33 987.99 661.59 331.44
1000 230.0 1230.00 499.21 18.15 995.25 72.48 997.89 668.34 334.85
E-92
SPIRAL
LENGTH
10 00l.8 000.09 5.00 0.00 10.00 0.00 10.00 6.67 3.33

20 003.6 000.36 10.00 0.00 20.00 0.00 20.00 13.33 6.67
10 005.4 000.81 15.00 0.00 30.00 0.00 30.00 20.00 10.00
40 007.2 001.44 20.00 0.00 40.00 0.01 40.00 26.67 13.33
50 009.0 002.25 25.00 0.00 50.00 0.01 50.00 33.33 16.67
60 010.8 003.24 30.00 0.00 60.00 0.02 60.00 40.00 20.00
70 012.6 004.41 35.00 0.01 70.00 0.03 70.00 46.67 23.33
80 014.4 005.76 40.00 0.01 80.00 0.04 80.00 53.33 26.67
90 016.2 007.29 45.00 0.02 90.00 0.06 90.00 60.00 30.00
100 018.0 009.00 50.00 0.02 100.00 0.09 100.00 66.67 33.33
110 019.8 010.89 55.00 0.03 110.00 0.12 110.00 73.33 36.67
120 021.6 012.96 60.00 0.04 120.00 0.15 120.00 80.00 40.00
130 023.4 015.21 65.00 0.05 130.00 0.19 130.00 86.67 43.33
140 025.2 017.64 70.00 0.06 140.00 0.24 140.00 93.33 46.67
150 027.0 020.25 75.00 0.07 150.00 0.29 150.00 100.00 50.00
160 028.8 023.04 80.00 0.09 160.00 0.36 160.00 106.67 53.33
170 030.6 026.01 85.00 0.11 170.00 0.43 170.00 113.33 56.67
180 032.4 029.16 90.00 0.13 180.00 0.51 180.00 120.00 60.00
190 034.2 032.49 95.00 0.15 190.00 0.60 190.00 126.67 63.33
200 036.0 036.00 100.00 0.17 200.00 0.70 200.00 133.33 66.67
210 037.8 039.69 105.00 0.20 210.00 0.81 210.00 140.00 70.00
220 039.6 043.56 110.00 0.23 220.00 0.93 220.00 146.67 73.33
230 041.4 047.61 115.00 0.27 230.00 1.06 230.00 153.33 76.67
240 043.2 051.84 120.00 0.30 239.99 1.21 240.00 160.00 80.00
250 045.0 056.25 125.00 0.34 249.99 1.36 250.00 166.67 83.34
260 046.8 100.84 130.00 0.38 259.99 1.53 260.00 173.34 86.67
270 048.6 105.61 135.00 0.43 269.99 1.72 270.00 180.00 90.00
280 050.4 110.56 140.00 0.48 279.99 1.92 279.99 186.67 93.34
290 052.2 115.69 145.00 0.53 289.99 2.13 289.99 193.34 96.67
300 054.0 121.00 150.00 0.59 299.98 2.36 299.99 200.01 100.01
310 055.8 126.49 155.00 0.65 309.98 2.60 309.99 206.67 103.34
320 057.6 132.16 160.00 0.71 319.98 2.86 319.99 213.34 106.67
330 059.4 138.01 165.00 0.78 329.97 3.14 329.99 220.01 110.01
340 101.2 144.04 169.99 0.86 339.97 3.43 339.99 226.68 113.34
350 103.0 150.25 174.99 0.94 349.96 3.74 349.98 233.35 116.68
360 104.8 156.64! 179.99 1.02 359.96 4.07 359.98 240.01 120.01
370 106.6 203.21 184.99 1.11 369.95 4.42 369.98 246.68 123.35
380 108.4 209.96 189.99 1.20 379.95 4.79 379.98 253.35 126.68
390 110.2 216.89 194.99 1.29 389.94 5.18 389.97 260.02 130.02
400 112.0 224.00 199.99 1.40 399.93 5.58 399.97 266.69 133.36
410 113.8 231.29 204.99 1.50 409.92 6.01 409.96 273.36 136.69
420 115.6 238.76 209.99 1.62 419.91 6.46 419.96 280.03 140.03
430 117.4 246.41 214.98 1.73 429.90 6.94 429.96 286.70 143.37
440 119.2 254.24 219.98 1.86 439.89 7.43 439.95 293.37 146.70
450 121.0 302.25 224.98 1.99 449.87 7.95 449.94 300.04 150.04
460 122.8 310.44 229.98 2.12 459.86 8.49 459.94 306.72 153.38
470 124.6 318.81 234.97 2.26 469.84 9.06 469.93 313.39 156.72
480 126.4 327.36 239.97 2.41 479.83 9.65 479.92 320.06 160.06
490 128.2 336.09 244.97 2.57 489.81 10.26 489.91 326.73 163.39
500 130.0 345.00 249.96 2.73 499.79 10.90 499.90 333.41 166.73
E-93
SPIRAL
LENGTH
510 131.8 354.09 254.96 2.89 509.76 11.57 509.89 340.08 170.08
520 133.6 403.36 259.96 3.07 519.74 12.27 519.88 346.76 173.42
530 135.4 412.81 264.95 3.25 529.71 12.99 529.87 353.43 176.76
540 137.2 422.44 269.95 3.43 539.69 13.74 539.86 360.11 180.10
550 139.0 432.25 274.94 3.63 549.66 14.51 549.85 366.79 183.44
560 140.8 442.24 279.94 3.83 559.62 15.32 559.83 373.47 186.79
570 142.6 452.41 284.93 4.04 569.59 16.15 569.82 380.14 190.13
580 144.4 502.76 289.93 4.26 579.55 17.02 579.80 386.82 193.48
590 146.2 513.29 294.92 4.48 589.51 17.91 589.78 393.50 196.82
600 148.0 524.00 299.91 4.71 599.47 18.84 599.76 400.19 200.17
610 149.8 534.89 304.90 4.95 609.42 19.79 609.74 406.87 203.52
620 151.6 545.96 309.90 5.20 619.37 20.78 619.72 413.55 206.87
630 153.4 557.21 314.89 5.45 629.32 21.80 629.70 420.24 210.22
640 155.2 608.64 319.88 5.72 639.26 22.86 639.67 426.92 213.57
650 157.0 620.25 324.87 5.99 649.21 23.94 649.65 433.61 216.92
660 158.8 632.04 329.86 6.27 659.14 25.07 659.62 440.30 220.27
670 200.6 644.01 334.85 6.56 669.08 26.22 669.59 446.99 223.63
680 202.4 656.16 339.83 6.86 679.00 27.41 679.56 453.68 226.98
690 204.2 708.49 344.82 7.16 688.93 28.64 689.52 460.37 230.34
700 206.0 721.00 349.81 7.48 698.85 29.90 699.49 467.07 233.70
710 207.8 733.69 354.79 7.80 708.76 31.19 709.45 473.77 237.06
720 209.6 746.56 359.78 8.14 718.67 32.53 719.41 480.46 240.42
730 211.4 759.61 364.76 8.48 728.58 33.90 729.37 487.16 243.79
740 213.2 812.84 369.75 8.83 738.48 35.31 739.32 493.87 247.15
750 215.0 826.25 374.73 9.20 748.38 36.76 749.28 500.57 250.52
760 216.8 839.84 379.71 9.57 758.26 38.25 759.23 507.27 253.89
770 218.6 853.61 384.69 9.95 768.15 39.77 769.18 513.98 257.26
780 220.4 907.56 389.67 10.34 778.02 41.34 779.12 520.69 260.63
790 222.2 921.69 394.65 10.75 787.89 42.94 789.06 527.41 264.00
800 224.0 936.00 399.63 11.16 797.76 44.59 799.00 534.12 267.38
810 225.8 950.49 404.60 11.58 807.61 46.28 808.94 540.84 270.76
820 227.6 1005.16 409.58 12.02 817.46 48.01 818.87 547.56 274.14
830 229.4 1020.01 414.55 12.46 827.30 49.78 828.80 554.28 277.53
840 231.2 1035.04 419.52 12.92 837.14 51.60 838.73 561.00 280.91
850 233.0 1050.25 424.49 13.38 846.96 53.46 848.65 567.73 284.30
860 234.8 1105.64 429.46 13.86 856.78 55.36 858.57 574.46 287.69
870 236.6 1121.21 434.43 14.35 866.59 57.30 868.48 581.20 291.09
880 238.4 1136.96 439.40 14.85 876.39 59.30 878.39 587.93 294.49
890 240.2 1152.89 444.36 15.36 886.18 61.33 888.30 594.68 297.89
900 242.0 1209.00 449.33 15.88 895.96 63.41 899.20 601.42 301.29
910 243.8 1225.29 454.29 16.41 905.73 65.54 908.10 608.17 304.70
920 245.6 1241.76 459.25 16.96 915.49 67.72 917.99 614.92 308.11
930 247.4 1258.41 464.21 17.52 925.24 69.94 927.88 621.67 311.52
940 249.2 1315.24 469.16 18.09 934.98 72.21 937.77 628.43 314.94
950 251.0 1332.25 474.12 18.67 944.71 74.52 947.64 635.20 318.36
960 252.8 1349.44 479.07 19.26 954.43 76.89 957.52 641.96 321.78
970 254.6 1406.81 484.02 19.87 964.13 79.30 967.39 648.73 325.21
980 256.4 1424.36 488.97 20.49 973.82 81.76 977.25 655.51 328.65
990 258.2 1442.09 493.92 21.12 983.50 84.28 987.11 662.29 332.08
1000 300.0 1500.00 498.86 21.76 993.17 86.84 996.96 669.08 335.52
E-94
SPIRAL
LENGTH
10 002.4 000.12 5.00 0.00 10.00 0.00 10.00 6.67 3.33

20 004.8 000.48 10.00 0.00 20.00 0.00 20.00 13.33 6.67
30 007.2 001.06 15.00 0.00 30.00 0.00 30.00 20.00 10.00
40 009.6 001.92 20.00 0.00 40.00 0.01 40.00 26.67 13.33
50 012 .0 003.00 25.00 0.00 50.00 0.01 50.00 33.33 16.67
60 014.4 004.32 30.00 0.01 60.00 0.03 60.00 40.00 20.00
70 016.8 005.88 35.00 0.01 70.00 0.04 70.00 46.67 23.33
80 019.2 007.68 40.00 0.01 80.00 0.06 80.00 53.33 26.67
90 021.6 009.72 45.00 0.02 90.00 0.08 90.00 60.00 30.00
100 024.0 012.00 50.00 0.03 100.00 0.12 100.00 66.67 33.33
110 026.4 014.52 55.00 0.04 110.00 0.15 110.00 73.33 36.67
120 028.8 017.28 60.00 0.05 120.00 0.20 120.00 80.00 40.00
130 031.2 020.28 65.00 0.06 130.00 0.26 130.00 86.67 43.33
140 033.6 023.52 70.00 0.08 140.00 0.32 140.00 93.33 46.67
150 036.0 027.00 75.00 0.10 150.00 0.39 150.00 100.00 50.00
160 038.4 030.72 80.00 0.12 160.00 0.48 160.00 106.67 53.33
170 040.8 034.68 85.00 0.14 170.00 0.57 170.00 113.33 56.67
180 043.2 038.88 90.00 0.17 180.00 0.68 180.00 120.00 60.00
190 045.6 043.32 95.00 0.20 190.00 0.80 190.00 126.67 63.33
200 048.0 048.00 100.00 0.23 200.00 0.93 200.00 133.33 66.67
210 050.4 052.92 105.00 0.27 210.00 1.08 210.00 140.00 70.00
220 052.8 058.08 110.00 0.31 219.99 1.24 220.00 146.67 73.34
230 055.2 103.48 115.00 0.35 229.99 1.42 230.00 153.34 76.67
240 057.6 109.12 120.00 0.40 239.99 1.61 240.00 160.00 80.00
250 100.0, 115.00 125.00 0.45 249.99 1.82 249.99 166.67 83.34
260 102.4 121.12 130.00 0.51 259.99 2.04 259.99 173.34 86.67
270 104.8 127.48 135.00 0.57 269.98 2.29 269.99 180.01 90.01
280 107.2 134.08 140.00 0.64 279.98 2.55 279.99 186.67 93.34
290 109.6 140.92 145.00 0.71 289.98 2.84 289.99 193.34 96.67
300 112.0 148.00 150.00 0.79 299.97 3.14 299.99 200.01 100.01
310 114.4 155.32 154.99 0.87 309.97 3.47 309.98 206.68 103.34
320 116.8 202.88 159.99 0.95 319.96 3.81 319.98 213.35 106.68
330 119.2 210.68 164.99 1.05 329.95 4.18 329.98 220.02 110.02
340 121.6 218.72 169.99 1.14 339.94 4.57 339.98 226.69 113.3 5
350 124.0 227.00 174.99 1.25 349.94 4.99 349.97 233.36 116.69
360 126.4 235.52 179.99 1.36 359.93 5.43 359.97 240.03 120.02
370 128.8 244.28 184.99 1.47 369.92 5.89 369.96 246.70 123.36
380 131.2 253.28 189.98 1.60 379.90 6.38 379.96 253.37 126.70
390 133.6 302.52 194.98 1.73 389.89 6.90 389.95 260.04 130.03
400 136.0 312.00 199.98 1.86 399.88 7.45 399.94 266.71 133.37
410 138.4 321.72 204.98 2.00 409.86 8.02 409.94 273.38 136.71
420 140.8 331.68 209.97 2.15 419.84 8.62 419.93 280.06 140.05
430 143.2 341.88 214.97 2.31 429.82 9.25 429.92 286.73 143.39
440 145.6 352.32 219.97 2.48 439.80 9.91 439.91 293.40 146.73
450 148.0 403.00 224.96 2.65 449.78 10.60 449.90 300.08 150.07
460 150.4 413.92 229.96 2.83 459.75 11.32 459.89 306.75 153.41
470 152.8 425.08 234.95 3.02 469.72 12.08 469.88 313.43 156.76
480 155.2 436.48 239.95 3.22 479.69 12.86 479.86 320.11 160.10
490 157.6 448.12 244.94 3.42 489.66 13.68 489.85 326.79 163.44
500 200.0 500.00 249.94 3.64 499.62 14.54 499.83 333.47 166.79
See Appendix for spiral curve nornenciature
E-95
SPIRAL
LENGTH
510 202.4 512.12 254.93 3.86 509.58 15.43 509.81 340.15 170.13
520 204.8. 524.48 259.92 4.09 519.54 16.35 519.79 346.83 173.48
530 207.2 537.08 264.92 4.33 529.49 17.31 529.77 353.51 176.83
540 209.6 549.92 269.91 4.58 539.44 18.31 539.75 360.20 180.18
550 212.0 603.00 274.90 4.84 549.39 19.34 549.73 366.88 183.53
560 214.4 616.32 279.89 5.11 559.33 20.42 559.70 373.57 186.88
570 216.8 629.88 284.88 5.38 569.27 21.53 569.67 380.26 190.23
580 219.2 643.68 289.87 5.67 579.20 22.68 579.64 386.95 193.59
590 221.6 657.72 294.85 5.97 589.13 23.87 589.61 393.64 196.94
600 224.0 712.00 299.84 6.28 599.05 25.10 599.58 400.33 200.30
610 226.4 726.52 304.83 6.60 608.97 26.38 609.54 407.03 203.66
620 228.8 741.28 309.81 6.93 618.88 27.70 619.50 413.72 207.02
630 231.2 756.28 314.80 7.27 628.79 29.05 629.46 420.42 210.38
640 233.6 811.52 319.78 7.62 638.69 30.46 639.42 427.12 213.75
650 236.0 827.00 324.76 7.98 648.59 31.90 649.37 433.83 217.12
660 238.4 842.72 329.75 8.36 658.48 33.40 659.32 440.53 220.49
670 240.8 858.68 334.73 8.74 668-36 34.93 669.27 447.24 223.86
680 243.2 914.88 339-70 9.14 678-23 36.52 679.21 453.95 227.23
690 245.6 931.32 344.68 9.55 688.10 38.15 689.15 460.67 230.61
700 248.0 948.00 349.66 9.97 697.95 39.83 699.09 467.38 233.99
710 250.4 1004.92 354.63 10.40 707.80 41.55 709.02 474.10 237.37
720 252.8 1022.08 359.61 10.84 717.65 43.33 718.95 480.83 240.75
730 255.2 1039.48 364.58 11.30 727.48 45.15 728.88 487.55 244.14
740 257.6 1057.12 369.55 11.77 737.30 47.03 738.80 494.28 247.53
750 300.0 1115.00 374-52 12.25 747.11 48.95 748.72 501.01 250.92
760 302.4 1133.12 379.49 12.75 756.92 50.93 758.63 507.75 254.32
770 304.8 11_51.48 384.45 13.26 766.71 52.96 768.54 514.49 257.72
780 307.2 1210.08 389.41 13.78 776.49 55.04 778.44 521.23 261.12
790 309.6 1228.92 394.38 14.32 786.26 57.17 788.33 527.98 264.53
800 312.0 1248.00 399.34 14.87 796.02 59.36 798.23 534.73 267.94
810 314.4 1307.32 404.29 15.43 805.76 61.60 808.11 541.49 271.36
820 316.8 1326.88 409.25 16.01 815.49 63.90 817.99 548.25 274.78
830 319.2 1346.68 414.20 16.60 825.21 66.26 827.87 555.02 278.20
840 321.6 1406.72 419.15 17.20 834.92 68.67 837.74 561.79 281.63
850 324.0 1427.00 424.10 17.82 844.61 71.13 847.60 568.57 285.06
860 326.4 1447.52 429.05 18.46 854.29 73.66 857.46 575.35 288.50
870 328.8 1508.28 433.99 19.11 863.95 76.24 867.30 582.14 291.94
880 331.2 1529.28 438.93 19.77 873.59 78.88 877.15 588.93 295.39
890 333.6 1550.52 443.87 20.45 883.22 81.58 886.98 595.73 298.84
900 336.0 1612.00 448.80 21.15 892.83 84.34 896.81 602.53 302.30
910 338.4 1633.72 453.74 21.86 902.43 87.16 906.63 609.34 305.77
920 340.8 1655.68 458.66 22.58 912.00 90.04 916.44 616.16 309.24
930 343.2 1717.88 463.59 23.32 921.56 92.98 926.24 622.99 312.72
940 345.6 1740.32 468.51 24.08 931.10 95.99 936.03 629.82 316.20
950 348.0 1803.00 473.43 24.85 940.61 99.06 945.82 636.66 319.69
960 350.4 1825.92 478.35 25.64 950.11 102.19 955.59 643.50 323.19
970 352.8 1849.08 483.26 26.45 959.59 105.38 965.36 650.36 326.69
980 355.2 1912.48 488.17 27.27 969.04 108.64 975.11 657.22 330.20
990 357.6 1936.12 493.08 28.11 978.48 111.96 984.86 664.09 333.72
1000 400.0 2000.00 497.98 28.96 987.88 115.35 994.60 670.97 337.25
E-96
SPIRAL
LENGTH
10 003.0 000.15 5.00 0.00 10.00 0.00 10.00 6.67 3.33

20 006.0 000.60 10.00 0.00 20.00 0.00 20.00 13.33 6.67
30 009.0 001.35 15.00 0.00 30.00 0.00 30.00 20.00 10.00
40 012.0 002.40 20.00 0.00 40.00 0.01 40.00 26.67 13.33
50 015.0 003.75 25.00 0.00 50.00 0.02 50.00 33.33 16.67
60 018.0 005.40 30.00 0.01 60.00 0.03 60.00 40.00 20.00
70 021.0 007.35 35.00 0.01 70.00 0.05 70.00 46.67 23.00
80 024.0 009.60 40.00 0.02 80.00 0.07 80.00 53.33 26.67
90 027.0 012.15 45.00 0.03 90.00 0.11 90.00 60.00 30.00
100 030.0 015.00 50.00 0.04 100.00 0.15 100.00 66.67 33.00
110 033.0 018.15 55.00 0.05 110.00 0.19 110.00 73.33 36.67
120 036.0 021.60 60.00 0.06 120.00 0.25 120.00 80.00 40.00
130 039.0 025.35 65.00 0.08 130.00 0.32 130.00 86.67 43.33
140 042.0 029.40 70.00 0.10 140.00 0.40 140.00 93.33 46.67
150 045.0 033.75 75.00 0.12 150.00 0.49 150.00 100.00 50.00
160 048.0 038.40 80.00 0.15 160.00 0.60 160.00 106.67 53.33
170 051.0 043.35 85.00 0.18 170.00 0.71 170.00 113.33 56.67
180 054.0 048.60 90.00 0.21 180.00 0.85 180.00 120.00 60.00
190 057.0 054.15 95.00 0.25 190.00 1.00 190.00 126.67 63.33
200 100.0 100.00 100.00 0.29 199.99 1.16 200.00 133.34 66.67
210 103.0 106.15 105.00 0.34 209.99 1.35 210.00 140.00 70.00
220 106.0 112.60 110.00 0.39 219.99 1.55 220.00 146.67 73.34
230 109.0 119.35 115.00 0.44 229.99 1.77 229.99 153.34 76.67
240 112.0 126.40 120.00 0.50 239.98 2.01 239.99 160.01 80.00
250 115.0 133.75 125.00 0.57 249.98 2.27 249.99 166.67 83.34
260 118.0 141.40 130.00 o.64 259.98 2.56 259.99 173.34 86.67
270 121.0 149.35 135.00 0.72 269.97 2.86 269.99 180.01 90.01
280 124.0 157.60 139.99 0.80 279.97 3.19 279.99 186.68 93.34
290 127.0 206.15 144.99 0.89 289.96 3.55 289.98 193.35 96.68
300 130.0 215.00 149.99 0.98 299.95 3.93 299.98 200.02 100.01
310 133.0 224.15 154.99 1.08 309.95 4.33 309.98 206.69 103.35
320 136.0 233.60 159.99 1.19 319.94 4.77 319.97 213.36 106.69
330 139.0 243.35 164.99 1.31 329.93 5.23 329.97 220.03 110.02
340 142.0 253.40 169.99 1.43 339.91 5.72 339.96 226.70 113.36
350 145.0 303.75 174.98 1.56 349.90 6.23 349.96 233.37 116.70
360 148.0 314.40 179.98 1.70 359.88 6.78 359.95 240.04 120.04
370 151.0 325.35 184.98 1.84 369.87 7.37 369.94 246.71 123.38
380 154.0 336.60 189.97 1.99 379.85 7.98 379.93 253.39 126.71
390 157.0 348.15 194.97 2.16 389.83 8.62 389.92 260.06 130.05
400 200.0 400.00 199.97 2.33 399.81 9.31 399.91 266.73 133.40
410 203.0 412.15 204.96 2.51 409.78 10.02 409.90 273.41 136.74
420 206.0 424.60 209.96 2.69 419.75 10.77 419.89 280.09 140.08
430 209.0 437.35 214.95 2.89 429.72 11.56 429.88 286.76 143.42
440 212.0 450.40 219.95 3.10 439.69 12.38 439.86 293.44 146.77
450 215.0 503.75 224.94 3.31 449.65 13.25 449.84 300.12 150.11
460 218.0 517.40 229.93 3.54 459.61 14.15 459.83 306.80 153.46
470 221.0 531.35 234.93 3.77 469.56 15.09 469.81 313.49 156.81
480 224.0 545.60 239.92 4.02 479.52 16.07 479.78 320.17 160.15
490 227.0 600.15 244.91 4.28 489.46 17.10 489.76 326.85 163.50
500 230.0 615.00 249.90 4.54 499.41 18.17 499.74 333.54 166.86
E-97
SPIRAL
LENGTH
510 233.0 630.15 254.89 4.82 509.34 19.28 500.71 340.23 170.21
520 236.0 645.60 259.88 5.11 519.28 20.43 519.68 346.92 173.56
530 239.0 701.35 264.87 5.41 529.20 21.63 529.65 353.61 176.92
540 242.0 717.40 269.85 5.72 539.13 22.88 539.61 360.31 180.28
550 245.0 733.75 274.84 6.05 549.04 24.17 549.57 367.00 183.64
560 248.0 750.40 279.83 6.38 558.95 25.51 559.53 373.70 187.00
570 251.0 807.35 284.81 6.73 568.86 26.90 569.49 380.40 19036
580 254.0 824.60 289.79 7.09 578.75 28.33 579.44 387.10 193.73
590 257.0 842.15 294.77 7.46 588.64 29.82 589.40 393.81 197.10
600 300.0 900.00 2.99.75 7.85 598.52 31.36 599.34 400.52 200.47
610 303.0 918.15 304.73 8.25 608.39 32.95 609.29 407.23 203.85
620 306.0 936.60 309.71 8.66 618.26 34.59 619.23 413.94 207.22
630 309.0 955.35 314.69 9.08 628.11 36.29 629.16 420.66 210.60
640 312.0 1014.40 319.66 9.52 637.96 38.04 639.09 427.38 213.98
650 315.0 1033.75 324.63 9.97 647.79 39.85 649.02 434.11 217.37
660 318.0 1053.40 329.60 10.44 657.62 41.71 658.94 440.84 220.76
670 321.0 1113.35 334.57 10.92 667.43 43.62 668.86 447.57 224.15
680 324.0 1133.60 339.54 11.42 677.24 45.60 678.77 454.30 227.55
690 327.0 1154.15 344.50 11.93 687.03 47.63 688.68 461.04 230.95
700 330.0 1215.00 349.47 12.45 696.81 49.72 698.58 467.79 234.35
710 333.0 1236.15 354.43 12.99 706.57 51.88 708.47 474.54 237.76
720 336.0 1257.60 359.39 13.55 716.32 54.09 718.36 481.29 241.18
730 339.0 1319.35 364.34 14.12 726.06 56.36 728.25 488.05 244.59
740 342.0 1341.40 369.30 14.70 735.79 58.70 738.12 494.82 248.02
750 345.0 1403.75 374.25 15.31 745.49 61.10 747.99 501.59 251.44
760 348.0 1426.40 379.20 15.93 755.19 63.56 757.86 508.36 254.88
770 351.0 1449.35 384.14 16.56 764.86 66.08 767.71 515.14 258.31
780 354.0 1512.60 389.09 17.21 774.52 68.67 777.56 521.93 261.76
790 357.0 1536.15 394.03 17.88 784.16 71.33 787.40 528.73 265.21
800 400.0 1600.00 398.96 18.57 793.78 74.05 797.23 535.53 268.66
810 403.0 1624.15 403.90 19.27 803.39 76.84 807.05 542.34 272.13
820 406.0 1648.60 408.83 19.99 812.97 79.70 816.87 549.15 275.59
830 409.0 1713.35 413.75 20.72 822.53 82.63 826.67 555.93 279.07
840 412.0 1738.40 418.68 21.48 832.07 85.62 836.47 562.81 282.55
850 4 15.0 1803.75 423.60 22.25 841.59 88.69 846.25 569.64 286.04
860 418.0 1829.40 428.51 23.04 851.09 91.82 856.03 576.49 289.54
870 421.0 1855.35 433.52 23.85 860.56 95.03 865.79 583.35 293.05
880 424.0 1921.60 438.33 24.68 870.01 98.31 875.54 590.21 296.56
890 427.0 1948.15 443.23 25.52 879.43 101.66 885.28 597.09 300.08
900 430.0 2015.00 448.13 26.39 888.82 105.09 895.01 603.97 303.62
910 433.0 2042.15 453.03 27.27 898.19 108.58 904.73 610.87 307.16
920 436.0 2109.60 457.92 28.18 907.53 112.16 914.44 617.77 310.71
930 439.0 2137.35 462.80 29.10 916.84 115.80 924.13 624.69 314.27
940 442.0 2205.40 467.68 30.04 926.12 119.53 933.80 631.62 317.84
950 445.0 2233.75 472.56 31.00 935.37 123.33 943.47 638.56 321.42
960 448.0 2302.40 477.42 31.98 944.59 127.20 953.12 645.51 325.01
970 451 .0 2331.35 482.29 32.99 953.78 131.15 962.75 652.47 328.62
980 454.0 2400.60 487.15 34.01 962.93 135.18 972.37 659.45 332.23
990 457.0 2430.15 492.00 35.05 972.05 139.29 981.98 666.44 335.86
1000 500.0 2500.00 496.84 36.11 981.13 143.48 991.56 673.44 339.50
E-98
TABLE 28 RAILROAD TAPER TABLES
T=1/2
Changing 15 for each 30 feet See Chapter 8 for Explanation
D
L u v C t d (R+d) x y
Central S HAX
feet feet feet feet feet feet feet feet feet
curve
30 30 000430 000215 15.00 15.00 30.00 11.00 .004 11,549.18 30.00 .02
60 45 001330 000537 35.00 25.00 60.00 30.00 .030 7,639.45 60 .10
90 1 002700 001030 55.00 35.00 90.00 45.00 .098 5,729.69 90 .27
120 115 004500 001652 75.00 45.00 120 60 .198 4,583.88 120 .59
150 130 10730 002445 95.00 55.00 150 75 .344 3,820.09 150 1.08
180 145 13430 003607 115.00 65.00 180 90 .550 3,274.68 179.98 1.79
210 2 20600 004500 135.01 75.01 210 105 .825 2,865.65 209.97 2.75
240 215 24200 005727 155.02 85.02 239.90 119.99 1.08 2,547.60 239.94 4.00
270 230 32230 11115 175.04 95.04 269.96 134.98 1.67 2,293.55 269.90 5.59
300 245 40730 12637 195.06 105.05 299.93 149.96 2.16 2.085.70 299.84 7.96
330 3 45700 14330 215.00 115.08 329.89 164.94 2.81 1,912.72 329.74 9.93
360 315 55100 20152 235.14 125.12 359.84 179.92 3.57 1,766.58 359.61 12.75
390 330 64930 22144 255.20 135.10 389.76 194.88 4.64 1,641.56 389.43 16.06
420 345 75230 24306 275.29 145.77 419.65 209.83 5.49 1,533.45 419.18 19.90
450 4 9 30358 295.40 155.37 449.51 224.77 6.67 1.,439.14 448.85 24.30
480 415 101200 33019 315.55 165.50 479.33 239.69 8 1,356.21 478.44 29.31
510 430 1128,30 35611 335.14 175.67 509.10 254.58 4.50 1,282.82 507.90 34.95
540 445 124930 42331 355.98 185.81 538.81 269.46 11.17 1,217.48 537.23 41.26
570 5 141500 45222 376.27 196.16 568.45 284.30 13.07 1,159.03 566.40 48.28
T=2/3
Changing 20 for each 30 feet
D
Central S HAX
curve
30 0040 000600 000300 15.00 15.00 30.00 15.00 .013 8,594.39 30.00 .03
60 1 001800 000730 35.00 25.00 60.00 30.00 .052 5,729.65 60.00 .13
90 120 003600 001400 55.00 35.00 90.00 45.00 .131 4,287.34 90.00 .37
120 140 1 002230 75.00 45.00 120 60.00 .262 3,438.04 119.99 .78
150 2 13000 003300 95.00 55.00 150 75.00 .458 2,865.32 149.99 1.44
180 220 20600 004530 115.01 65.01 180 89.99 .733 2,456.31 179.97 2.38
210 240 24800 1 135.02 75.02 209.98 104.99 1.099 2,149.74 209.95 3.66
240 3 33600 11630 155.04 85.03 239.96 119.98 1.570 1,911.48 239.90 5.34
270 320 43000 13500 175.06 95.06 269.93 134.96 2.159 1,721.03 249.82 7.44
300 340 53000 15530 195.10 105.09 299.88 149.94 2.878 1,565.56 299.71 10.07
330 4 63600 21759 215.16 115.15 329.81 164.90 3.741 1,436.21 329.54 13.23
360 420 74800 24229 235.24 125.22 359.71 179.85 4.761 1,327.03 358.31 16.99
390 440 906 30858 255.35 135.33 389.57 194.79 5.949 1,233.80 388.98 21.40
420 5 1030 33727 275.51 145.47 419.38 209.70 7.319 1,153.33 418.54 26.51
450 520 1200 40755 295.72 155.65 449.14 224.59 8.888 1,083.28 447.97 32.36
480 540 1336 44023 315.98 165.89 478.81 239.44 10.66 1,021.86 477.22 39.01
510 6 1518, 51450 336.32 176.20 500.40 254.26 12.65 967.68 506.27 46.49
540 620 1706 55116 356.74 186.59 537.59 269.04 14.87 919.65 535.08 54.86
570 640 1900 62940 377.27 197.07 567.24 283.76 17.33 876.88 563.60 64.16
E-99
TABLE 28 RAILROAD TAPER TABLES (Continued)
T=1
D
Central S HAX
curve
30 1 0009 000430 15.00 15.00 30.00 15.00 .020 5,729.62 30.00 .04
60 130 0027 0011l5 35.00 25.00 60.00 30.00 .078 3,819.82 60.00 .20
90 2 0054 002100 55.00 35.00 90.00 45 .196 2,865.02 90.00 .55
120 230 130 003345 75.00 45.00 120.00 60 .393 2,292.27 119.99 1.18
150 3 215 004930 95.01 55.01 149.99 74.99 .687 1,910.60 149.97 2.16
180 330 309 10815 115.02 65.02 179.98 89.98 1.099 1,638.19 179.94 3.57
210 4 412 13000 135.04 75.04 209.95 104.97 1.649 1,434.12 209.88 5.50
240 430 124 15445 155.08 85.07 239.91 119.94 2.355 1,275.68 239.77 8.01
270 5 645 22229 175.14 95.13 269.84 134.91 3.237 1,149.24 269.61 11.18
300 530 815 25314 195.23 105.21 299.73 149.85 4.315 1,046.16 299.35 15.10
330 6 954 32657 215.36 115.33 329.57 164.78 5.607 960.65 328.07 19.83
360 630 1142 40341 235.55 125.50 359.34 179.68 7.133 888.73 358.44 25.45
390 7 1339 44323 255.81 135.74 389.03 194.52 8.911 827.55 387.71 32.03
420 730 1545 52604 276.16 146.06 418.61 209.33 10.96 775.04 416.73 39.64
450 8 18 61143 296.62 156.48 448.06 224.08 13.29 729.64 445.44 48.35
480 830 2024 70021 317.22 167.02 477.33 238.75 15.93 690.16 473.77 58.22
510 9 2257 75155 337.99 177.73 506.41 253.35 18.90 655.68 501.65 69.30
540 930 2539 84626 358.96 188.61 535.25 267.84 22.20 625.48 528.99 81.64
570 10 2830 94353 380.18 199.72 563.82 282.22 25.85 598.98 555.70 95.30
T=1 1/2
D
Central S HAX
curve
30 130 001330 000430 20.00 10.00 30.00 15.00 .029 3,819.75 30.00 0.059
60 215 004030 001330 40.00 20.00 60.00 30.00 .118 2,546.64 59.999 0.295
90 3 121 002730 60.00 20.00 90.00 45.00 .294 1,910.21 89.994 0.825
120 345 215 004500 80.01 40.00 119.99 59.99 .589 1,528.54 119.98 1.767
150 430 32230 010730 100.02 50.02 149.98 74.98 1.03 1,274.35 149.943 3.239
180 515 44330 013430 120.04 60.04 179.95 89.96 1.65 1,093.09 179.869 5.358
210 6 618 020559 140.09 70.08 209.89 104.93 2.47 957.51 209.730 8.240
240 645 806 024158 160.17 80.15 239.79 119.88 3.53 852.48 239.493 12.000
270 730 10070 032227 180.30 90.27 269.63 134.79 4.85 768.93 269.115 16.751
300 815 122230 040724 200.49 100.45 299.20 149.67 6.46 701.11 298.538 22.604
330 9 1451 045650 220.78 110.71 329.02 164.50 8.40 645.18 327.695 29.664
E-100
T=1 1/3
D
Central S HAX
curve
30 120 0012 00400 20.00 10.00 30.00 15.00 .026 4,297.26 30 .05
60 2 0036 01200 40.00 20.00 60.00 30.00 .105 2,864.94 60 .21
90 240 112 02400 60.00 30.00 90.00 45.00 .262 2,148.90 90 .63
120 320 200 04000 80.00 40.00 119.99 59.99 .524 1,719.46 119.98 1.40
150 4 300 10000 100.00 50.01 149.98 74.89 .916 1,433.38 149.96 2.62
180 440 412 12400 120.03 60.03 179.96 89.97 1.466 1,229.32 179.90 4.39
210 520 536 15159 140.07 70.06 209.91 104.94 2.197 1,076.59 209.80 6.83
240 6 712 22359 160.13 80.12 239.83 119.90 3.139 958.18 239.62 10.04
270 640 900 25958 182.33 90.21 269.70 134.84 4.314 863.69 269.33 14.11
300 720 1059 33936 200.39 100.35 299.51 149.74 5.749 787.19 298.89 19.12
330 8 1312 42353 220.61 110.56 329.22 164.60 7.469 723.81 328.25 25.25
360 840 1536 51148 240.94 120.85 358.82 179.41 9.496 670.76 357.34 32.50
390 920 1812 60341 261.39 131.26 388.25 194.15 11.86 625.91 386.08 41.00
T=2
D
Central S HAX
curve
30 2 0018 000900 15.00 15.00 30.00 15.00 .039 2,864.86 30.00 .08
60 3 0054 002230 35.00 25.00 60.00 30.00 .157 1,910.07 60.00 .39
90 4 0148 004200 55.00 35.00 90.00 45.00 .393 1,432.86 89.99 1.10
120 5 03 010730 75.01 45.01 120.00 59.99 .785 1,146.79 119.96 2.35
150 6 0430 013900 95.03 55.03 149.96 74.97 1.37 956.41 149.90 4.32
180 7 0610 021630 115.08 65.08 179.91 89.93 2.20 820.83 179.77 7.14
210 8 0824 025959 135.17 75.16 209.81 104.87 3.29 719.64 209.52 10.98
240 9 1048 034927 155.32 85.29 239.63 119.78 4.70 641.49 239.10 15.98
270 10 1330 044454 175.56 95.51 269.35 134.63 6.46 579.60 268.43 22.30
T=2 1/2
D
Central S HAX
curve
30 300 0027 001335 15.00 15.00 30.00 15.00 .051 1,909.97 30.00 .12
60 430 0121 003345 35.00 25.00 60.00 30.00 .236 1,273.56 60.00 .59
90 600 0242 010300 55.00 35.01 89.99 45.00 .589 955.63 90.00 1.65
120 730 0430 014115 75.03 45.03 119.97 59.96 1.18 765.26 119.92 3.53
150 900 0645 022829 95.08 55.08 149.91 74.93 2.06 638.84 149.77 6.47
180 1030 0927 032443 115.19 65.17 179.79 89.85 3.29 549.16 179.47 10.70
210 1200 1236 042955 135.38 75.35 209.57 104.72 4.93 482.62 208.92 16.44
E-101
T=2 1/4
D
Central S HAX
curve
30 230 002230 000730 20.00 10.00 30.00 15.00 .049 2,291.92 30.00 0.09
60 345 004500 001500 40.00 20.00 60.00 30.00 .197 1,528.15 60.00 0.49
90 5 10730 002230 60.00 30.00 90.00 44.99 .491 1,146.50 89.98 1.37
120 615 13000 003000 80.00 40.00 120.00 59.98 .981 917.83 119.94 2.94
150 730 15230 003730 100.01 50.01 149.99 74.95 1.717 765.80 149.84 5.40
180 845 21500 004500 120.01 60.01 179.99 89.90 2.745 657.71 179.64 8.92
210 10 23730 005220 140.02 70.01 209.98 104.80 4.115 577.25 209.25 13.71
T=2 3/4
D
Central S HAX
curve
30 4 0036 001800 15.00 15.00 30.00 14.999 .078 1,432.55 30.00 .1571
60 6 0148 004500 35.00 25.00 60.00 29.995 .314 953.35 59.99 .7854
90 8 0336 012400 55.02 35.01 89.99 44.981 .785 717.13 89.96 2.198
120 10 0600 021500 75.05 45.05 119.95 59.945 1.57 574.71 119.85 4.709
150 12 0900 031758 95.14 55.03 149.85 74.872 2.74 480.43 149.60 8.625
180 14 1236 043255 115.33 65.31 179.63 89.785 4.38 413.89 179.07 14.25
210 16 1648 053948 135.68 75.63 209.23 104.50 6.56 364.95 208.08 21.84
T=3
D
Central S HAX
curve
30 500, 0045 002230 15.00 15.00 30.00 15.00 .098 1,146.10 30.00 .1963
60 730 0215 005615 35.00 25.00 60.00 29.99 .393 764.47 59.99 .9816
90 10 0430 014500 55.02 35.02 89.98 44.97 .981 574.12 89.94 2.748
120 1230 0730 024844 75.08 45.08 119.92 59.91 1.96 460.35 119.77 5.884
150 15 1145 040727 95.22 55.21 149.76. 74.80 3.43 385.67 149.37 10.770
180 1730 1545 054108 115.52 65.48 179.43 89.59 5.47 333.19 178.54 17.774
210 20 21 072938 136.08 75.99 208.80 104.22 8.18 295.02 207.01 27.231
E-102
T=3 1/2
D
Central S HAX
curve
15 4 0018, 000900 7.50 7.50 15.00 7.50 .020 1,432.49 14.9999 .0393
30 6 0054 002200 17.50 12.50 30.00 15.00 .078 955.12 29.999 .1963
45 8 0148 004200 27.50 17.50 45.00 22.49 .197 716.54 44.995 .5497
60 10 0300 010730 37.5l 22.51 59.99 30.00 .392 575.53 59.98 1.1779
75 12 0430 013000 47.52 27.52 74.98 37.47 .686 478.37 74.95 2.1589
90 14 0618 021630 57.54 32.54 89.95 44.95 1.10 410.61 89.88 3.5706
105 16 0824 025959 67.58 37.58 104.90 52.41 1.65 360.03 104.76 5.4895
T=4
D
Central S HAX
curve
15 5 2230 0011l5 7.50 7.50 15.00 7.50 .024 1,146.03 14.9999 .0491
30 730 10730 002807 17.50 12.50 30.00 15.00 .098 764.18 29.999 .2454
45 10 21500 005230 27.50 17.50 44.99 22.49 .245 573.38 44.99 .6872
60 1230 34500 012422 37.51 22.51 59.99 29.98 .490 459.08 59.97 1.4722
75 1515 53730 020345 47.53 27.53 74.97 37.46 .857 383.10 74.92 2.6980
90 1730 75230 025036 57.56 32.56 89.93 44.91 1.370 329.09 89.82 4.4611
105 20 105000 034457 67.63 37.62 104.85 52.35 2.053 288.90 104.62 6.8561
E-103
APPENDIX
Annotations
Additional information acquired from research, new cases,
law reviews and other published material will be periodically
added to this part of this publication. This section will also be
used to note important changes in statutory law. Any reference
to this publication for problem solving must include a review
of the annotations.
A-1
2
Appendix B:
Oregon Revised Statutes
Chapter 92 TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS
3.310 [Amended by 1955 c.715 2; 1959 c.557 5; 1961 c.724 10; 1965 c.510 8; repealed by 1981
c.215 8]
6.000
16.630 [Repealed by 1979 c.284 199]
27.000
34.010 Former writ of certiorari as writ of review. The writ heretofore known as the writ of certio-
rari is known in these statutes as the writ of review.
40.120 No results were found for your search.
40.135 Relating to adverse possession; creating new provisions; amending ORS 40.135, 96.060 and
...
41.360 [Amended by 1957 c.679 1; 1961 c.726 399; repealed by 1981 c.892 98]
41.540 [Repealed by 1977 c.479 1]
86.705 Definitions for ORS 86.705 to 86.795. As used in ORS 86.705 to 86.795, unless the context
requires otherwise:
Trust deed deemed to be mortgage on real property; applicability of mortgage laws. A
trust deed is deemed to be a mortgage on real property and is subject to all laws relating
86.715 to mortgages on real property except to the extent that such laws are inconsistent with the
provisions of ORS 86.705 to 86.795, in which event the provisions of ORS 86.705 to 86.795
shall control. For the purpose of applying the mortgage laws, the grantor in a trust deed is
deemed the mortgagor and the beneficiary is deemed the mortgagee. [1959 c.625 21]
Compensation of trustee. The charge of a trustee for the performance of powers and duties
of foreclosure by advertisement and sale imposed under ORS 86.705 to 86.795 shall not ex-
86.795 ceed 50 percent of the compensation allowable to an executor or administrator under ORS
116.173 or a minimum charge of $100. Such compensation shall be based upon the amount
due on the obligation, both principal and interest, at the time of the trustees sale. [1959
c.625 19; 1961 c.616 7; 1965 c.457 10]
91.500 [Formerly 91.505; 1979 c.650 1; 1981 c.647 1; renumbered 94.004]
91.515 [Formerly 91.540; 1979 c.650 3; renumbered 94.042]
91.535 [1963 c.541 17; 1971 c.230 1; 1973 c.402 1; 1973 c.803 1; 1977 c.658 6; renumbered 91.512]
91.561 [Formerly 91.605; renumbered 94.231]
91.990 [1977 c.484 23; renumbered 94.991]
B-1
92.000
92.012 Compliance with ORS 92.010 to 92.190 required. No land may be subdivided or partitioned
except in accordance with ORS 92.010 to 92.190. [1973 c.696 2; 1975 c.643 24]
92.020 [Repealed by 1955 c.756 5 (92.025 enacted in lieu of 92.020 and 92.030)]
Prohibition of sales of lots or certain interests prior to recordation of plat; waiver. (1) No
92.025 person shall sell any lot in any subdivision or convey any interest in a parcel in any parti-
tion until the plat of the subdivision or partition has been acknowledged and recorded with
the recording officer of the county in which the lot or parcel is situated.
92.030 [Repealed by 1955 c.756 5 (92.025 enacted in lieu of 92.020 and 92.030)]
Application for approval of subdivision or partition; tentative plan; applicability of local
government laws. (1) Before a plat of any subdivision or partition subject to review under
ORS 92.044 may be made and recorded, the person proposing the subdivision or partition
or authorized agent or representative of the person shall make an application in writing to
the county or city having jurisdiction under ORS 92.042 for approval of the proposed sub-
division or partition in accordance with procedures established by the applicable ordinance
or regulation adopted under ORS 92.044. Each such application shall be accompanied by
92.040 a tentative plan showing the general design of the proposed subdivision or partition. No
plat for any proposed subdivision or partition may be considered for approval by a city or
county until the tentative plan for the proposed subdivision or partition has been approved
by the city or county. Approval of the tentative plan shall not constitute final acceptance of
the plat of the proposed subdivision or partition for recording; however, approval by a city
or county of such tentative plan shall be binding upon the city or county for the purposes of
the preparation of the subdivision or partition plat, and the city or county may require only
such changes in the subdivision or partition plat as are necessary for compliance with the
terms of its approval of the tentative plan for the proposed subdivision or partition.
Adoption of standards and procedures governing approval of plats and plans; delegation;
fees. (1) The governing body of a county or a city shall, by regulation or ordinance, adopt
92.044 standards and procedures, in addition to those otherwise provided by law, governing, in
the area over which the county or the city has jurisdiction under ORS 92.042, the submis-
sion and approval of tentative plans and plats of subdivisions, tentative plans and plats of
partitions in exclusive farm use zones established under ORS 215.203.
Requirements of survey and plat of subdivision and partition. (1) A person shall not sub-
92.050 mit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250
and the plat requirements of the subdivision or partition have been met.
Marking certain points of subdivisions, partitions or condominium plats with monuments;
specifications of monuments; monuments placed before recording; adjusted property line
survey and monument. (1) The initial point of all plats shall be on the exterior boundary
of the plat and shall be marked with a monument, either of concrete, galvanized iron pipe
or an iron or steel rod. If concrete is used it shall not be less than 6 inches by 6 inches by 24
inches and shall contain not less than five cubic inches of ferrous material permanently im-
92.060 bedded in the concrete. If galvanized iron pipe is used it shall not be less than three-quarter
inch inside diameter and 30 inches long, and if an iron or steel rod is used it shall not be
less than five-eighths of an inch in least dimension and 30 inches long. The location of the
monument shall be with reference by survey to a section corner, one-quarter corner, one-
sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary
corner of a recorded subdivision, partition or condominium plat. The county surveyor
may authorize the setting of another type of monument in circumstances where setting the
required monuments is impracticable.
B-2
Surveyors certificates; procedure for recording monumented corners on plat previously
recorded; reestablishing certain monuments. (1) Except as otherwise provided in this sec-
tion, all subdivision or partition plats designating the location of land in any county in
the State of Oregon, offered for record, shall include on the face of the plat a surveyors
certificate together with the seal and signature of the surveyor having surveyed the land
92.070 represented on the plat, to the effect that the surveyor has correctly surveyed and marked
with proper monuments the lands as represented, and has placed a proper monument as
provided in ORS 92.060 indicating the initial point of the plat and its location in accordance
with ORS 92.060 (1) and accurately describing by metes or bounds, or other description
as approved by the county surveyor, the tract of land upon which the lots and blocks or
parcels are laid out. If the plat is a partition plat which contains parcels not surveyed, the
surveyors certificate shall so indicate.
Approval of subdivision plat names; requisites for approval of tentative subdivision or
partition plan or plat. (1) Subdivision plat names shall be subject to the approval of the
county surveyor or, in the case where there is no county surveyor, the county assessor. No
tentative subdivision plan or subdivision plat of a subdivision shall be approved which
bears a name similar to or pronounced the same as the name of any other subdivision in
the same county, unless the land platted is contiguous to and platted by the same party that
92.090 platted the subdivision bearing that name or unless the party files and records the consent
of the party that platted the contiguous subdivision bearing that name. All subdivision
plats must continue the lot numbers and, if used, the block numbers of the subdivision
plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for
final approval shall not use block numbers or letters unless such subdivision is a continued
phase of a previously recorded subdivision, bearing the same name, that has previously
used block numbers or letters.
92.095 Relating to taxation; creating new provisions; and amending ORS 92.095, 100.110, 307.112,
...
92.100
92.150 Construction of donations marked on plat.
92.205 Relating to judicial review; creating new provisions; amending ORS 19.028, 25.768, 28.020,
...
92.215 TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS 92.010 Definitions for ORS
92.010 to 92.190. As used in ORS 92.010 to 92.190, unless the context requires otherwise:
92.225 TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS 92.010 Definitions for ORS
92.010 to 92.190. As used in ORS 92.010 to 92.190, unless the context requires otherwise:
92.234 Relating to judicial review; creating new provisions; amending ORS 19.028, 25.768, 28.020,
...
93.000 Conveyancing and Recording
Contracts to convey, instruments of conveyance and related memoranda to state consid-
eration. (1) As used in this section, consideration includes the amount of cash and the
93.030 amount of any lien, mortgage, contract, indebtedness or other encumbrance existing against
the property to which the property remains subject or which the purchaser agrees to pay or
assume.
Manner of conveyance to create joint property rights. (1) Any person or persons owning
real property which the person or persons have power to convey may convey such prop-
93.280 erty by a conveyance naming the person or persons and another person or persons, or one
or more of themselves and another person or other persons, as grantees. The conveyance
shall have the same effect as a conveyance from a stranger who owned the property to the
persons named as grantees.
93.310
B-3
93.320 Oregon Coordinate System; zones.
93.330 Definition. (1) For more precisely defining the Oregon coordinate systems, the following
definitions by the National Geodetic Survey of the National Ocean Service are adopted:
93.340 93.340 [Repealed by 1985 c.202 7]
93.350 Plane coordinates.
93.360 Coordinates excluded from recordation.
93.370 Description as supplemental.
Purchaser or mortgagee not required to rely on description. Nothing contained in ORS
93.380 93.320 to 93.370 requires any purchaser or mortgagee to rely on a description, any part of
which consists only of coordinates. [Amended by 1985 c.202 6]
Index to record of deeds, mortgages and other real property interests. The county clerk
shall also keep a proper direct index and a proper indirect index to the record of deeds,
93.630 mortgages and all other real property interests required or permitted by law to be recorded,
in which the county clerk shall enter, alphabetically, the name of every party to each instru-
ment recorded by the county clerk, with a reference to where it is recorded. [Amended by
1987 c.586 22; 1999 c.654 11]
Acknowledgment and recording of instruments contracting to convey fee title. (1) All in-
struments contracting to convey fee title to any real property, at a time more than 12 months
from the date that the instrument is executed and the parties are bound, shall be acknowl-
93.635 edged, in the manner provided for acknowledgment of deeds, by the conveyor of the title
to be conveyed. Except for those instruments listed in subsection (2) of this section, all such
instruments, or a memorandum thereof, shall be recorded by the conveyor not later than 15
days after the instrument is executed and the parties are bound thereby.
Unrecorded instrument affecting title or unrecorded assignment of sheriffs certificate
of sale void as to subsequent purchaser. (1) Every conveyance, deed, land sale contract,
assignment of all or any portion of a sellers or purchasers interest in a land sale contract
or other agreement or memorandum thereof affecting the title of real property within this
state which is not recorded as provided by law is void as against any subsequent purchaser
in good faith and for a valuable consideration of the same real property, or any portion
thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a
sellers or purchasers interest in a land sale contract or other agreement or memorandum
thereof is first filed for record, and as against the heirs and assigns of such subsequent pur-
chaser. As used in this section, every conveyance, deed, land sale contract, assignment of
93.640 all or any portion of a sellers or purchasers interest in a land sale contract or other agree-
ment or memorandum thereof affecting the title of real property includes mortgages,
trust deeds, and assignments for security purposes or assignments solely of proceeds, given
by purchasers or sellers under land sale contract. As used in this section, memorandum
means an instrument that contains the date of the instrument being memorialized, the
names of the parties, a legal description of the real property involved, and the nature of the
interest created, which is signed by the person from whom the interest is intended to pass,
and acknowledged or proved in the manner provided for the acknowledgment or proof of
deeds. A memorandum of an instrument conveying or contracting to convey fee title to any
real estate shall state on its face the true and actual consideration paid for such transfer as
provided in ORS 93.030.
93.850 Warranty deed form; effect. (1) Warranty deeds may be in the following form:
93.850 Warranty deed form; effect. (1) Warranty deeds may be in the following form:
93.855 Special warranty deed form; effect. (1) Special warranty deeds may be in the following
form:
93.860 Bargain and sale deed form; effect. (1) Bargain and sale deeds may be in the following form:
B-4
93.865 Quitclaim deed form; effect. (1) Quitclaim deeds may be in the following form:
Statutory deed forms optional. The form of deeds set forth in ORS 93.850 to 93.865 are per-
93.870 missive and not mandatory. Other forms of deeds may be used for the conveyance of real
property. [1973 c.194 5]
94.004 [Formerly 91.500; 1983 c.530 48; 1987 c.459 1; 1989 c.595 1; renumbered 100.005 in 1989]
94.005 [Repealed by 1971 c.478 1]
94.010 [Repealed by 1971 c.478 1]
94.011 [Formerly 91.503; renumbered 100.010 in 1989]
94.013 [1987 c.459 6; 1989 c.595 2; renumbered 100.020 in 1989]
94.015 [Repealed by 1971 c.478 1]
94.016 [1987 c.459 39; renumbered 100.025 in 1989]
94.017 [Formerly 91.504; 1987 c.459 37; 1989 c.595 3; renumbered 100.185 in 1989]
94.020 [Repealed by 1971 c.478 1]
94.021 [1987 c.459 3; 1989 c.595 4; renumbered 100.150 in 1989]
94.022 [1987 c.459 4; 1989 c.595 5; renumbered 100.155 in 1989]
94.025 [Repealed by 1971 c.478 1]
94.029 [Formerly 91.509; 1983 c.530 49; 1983 c.615 1; 1987 c.459 8; 1989 c.595 7; renumbered
100.105 in 1989]
94.030 [Repealed by 1971 c.478 1]
94.035 [Repealed by 1971 c.478 1]
94.036 [Formerly 91.512; 1983 c.615 2; 1983 c.740 7a; 1987 c.459 9; renumbered 100.110 in 1989]
94.040 [Repealed by 1971 c.478 1]
94.042 [Formerly 91.515; 1983 c.309 8; 1985 c.582 2; 1987 c.459 10; 1989 c.595 8; renumbered
100.115 in 1989]
94.045 [Repealed by 1971 c.478 1]
94.047 [Formerly 91.518; 1983 c.309 8a; 1987 c.459 11; 1989 c.595 9; renumbered 100.120 in 1989]
94.048 [1987 c.459 3a; renumbered 100.125 in 1989]
94.050 [Repealed by 1971 c.478 1]
94.055 [Repealed by 1971 c.478 1]
94.060 [Repealed by 1971 c.478 1]
94.065 [Repealed by 1971 c.478 1]
94.066 [1981 c.647 30; renumbered 100.170 in 1989]
94.070 [Repealed by 1971 c.478 1]
94.072 [1981 c.647 33; renumbered 100.175 in 1989]
94.075 [Repealed by 1971 c.478 1]
94.078 [1981 c.647 25; 1983 c.206 1; 1983 c.530 50; 1987 c.459 13; 1989 c.595 10; renumbered
100.200 in 1989]
B-5
94.080 [Repealed by 1971 c.478 1]
94.084 [1981 c.647 26; 1987 c.459 14; renumbered 100.205 in 1989]
94.085 [Repealed by 1971 c.478 1]
94.090 [Repealed by 1971 c.478 1]
94.091 [1981 c.647 27; 1983 c.206 2; 1987 c.459 15; renumbered 100.210 in 1989]
94.095 [Repealed by 1971 c.478 1]
94.097 [1981 c.647 29; 1989 c.595 11; renumbered 100.220 in 1989]
94.100 [Repealed by 1971 c.478 1]
94.103 [1981 c.647 28; 1989 c.595 12; renumbered 100.225 in 1989]
94.105 [Repealed by 1971 c.478 1]
94.110 [Repealed by 1971 c.478 1]
94.115 [Repealed by 1971 c.478 1]
94.120 [Repealed by 1971 c.478 1]
94.122 [Formerly 91.526; 1989 c.595 13; renumbered 100.310 in 1989]
94.125 [Repealed by 1971 c.478 1]
94.128 [1981 c.886 5; 1989 c.595 14; renumbered 100.315 in 1989]
94.130 [Repealed by 1971 c.478 1]
94.134 [1981 c.886 6; 1989 c.595 15; renumbered 100.320 in 1989]
94.135 [Repealed by 1971 c.478 1]
94.140 [Repealed by 1971 c.478 1]
94.145 [Repealed by 1971 c.478 1]
94.150 [Repealed by 1971 c.478 1]
94.152 [Formerly 91.531; 1983 c.615 4; 1987 c.459 16; 1989 c.595 48; renumbered 100.410 in 1989]
94.155 [Repealed by 1971 c.478 1]
94.160 [Repealed by 1971 c.478 1]
94.165 [Repealed by 1971 c.478 1]
94.170 [Repealed by 1971 c.478 1]
94.175 [Repealed by 1971 c.478 1]
94.177 [1981 c.647 32; renumbered 100.435 in 1989]
94.180 [Repealed by 1971 c.478 1]
B-6
94.195 Formerly 91.546; 1983 c.530 51; 1989 c.595 19; renumbered 100.450 in 1989]
94.205 [Repealed by 1971 c.478 1]
94.210 [Repealed by 1971 c.478 1]
94.215 [Repealed by 1971 c.478 1]
94.220 [Repealed by 1971 c.478 1]
94.225 [Repealed by 1971 c.478 1]
94.230 [Repealed by 1971 c.478 1]
94.235 [Repealed by 1971 c.478 1]
94.240 [Repealed by 1971 c.478 1]
94.243 [Formerly 91.563; 1983 c.309 8c; 1983 c.615 5; renumbered 100.515 in 1989]
94.245 [Repealed by 1971 c.478 1]
94.250 [1981 c.647 31; 1983 c.309 8d; renumbered 100.520 in 1989]
94.305 [Repealed by 1971 c.478 1]
94.310 [Repealed by 1971 c.478 1]
94.315 [Repealed by 1971 c.478 1]
94.320 [Repealed by 1971 c.478 1]
94.322 [1983 c.615 8; renumbered 100.625 in 1989]
94.324 [Formerly 91.599; 1985 c.760 1; repealed by 1987 c.459 41]
B-7
94.325 [Repealed by 1971 c.478 1]
94.330 [Amended by 1969 c.591 278; repealed by 1971 c.478 1]

94.333 [1987 c.459 22; renumbered 100.015 in 1989]
94.335 [Repealed by 1971 c.478 1]
94.336 [Formerly 91.606; repealed by 1987 c.459 41]
94.340 [Repealed by 1971 c.478 1]
94.345 [Repealed by 1971 c.478 1]
94.350 [Repealed by 1971 c.478 1]
94.351 [1987 c.459 24; 1989 c.595 30; renumbered 100.655 in 1989]
94.353 [1987 c.459 25; renumbered 100.640 in 1989]
94.354 [1987 c.459 23; renumbered 100.670 in 1989]
94.355 [Repealed by 1971 c.478 1]
94.356 [1987 c.459 26; renumbered 100.660 in 1989]
94.357 [1987 c.459 27; renumbered 100.675 in 1989]
94.358 [1987 c.459 28; renumbered 100.680 in 1989]
94.360 [Repealed by 1971 c.478 1]
94.365 [Repealed by 1971 c.478 1]
94.370 [Repealed by 1971 c.478 1]
94.375 [Repealed by 1971 c.478 1]
94.380 [Repealed by 1971 c.478 1]
94.384 [Formerly 91.626; 1987 c.459 32; 1989 c.171 12; 1989 c.595 31; renumbered 100.705 in
1989]
94.385 [Repealed by 1971 c.478 1]
94.390 [Repealed by 1971 c.478 1]
94.395 [Repealed by 1971 c.478 1]
94.405 [Repealed by 1971 c.478 1]
B-8
94.410 [Repealed by 1971 c.478 1]
94.415 [Repealed by 1971 c.478 1]
94.418 [1981 c.647 24; renumbered 100.735 in 1989]
94.420 [Repealed by 1971 c.478 1]
94.425 [Repealed by 1971 c.478 1]
94.430 [Repealed by 1971 c.478 1]
94.435 [Repealed by 1971 c.478 1]
94.440 [Repealed by 1971 c.478 1]
94.445 [Repealed by 1971 c.478 1]
94.470 [Formerly 91.664; 1983 c.696 7b; 1989 c.706 7; renumbered 100.900 in 1989]
94.550 Relating to home businesses in planned communities; amending ORS 94.550, 94.580 and
94.635.
94.665 Relating to organized communities; creating new provisions; amending ORS 65.369,
94.550, ...
94.728 Relating to planned unit development; creating new provisions; and amending ORS
94.550, ...
94.991 See annotations under ORS 100.005 to 100.910.
Notice of sale. Before property shall be sold pursuant to ORS 98.130, at least 60 days no-
tice of sale shall be given the owner of the property, if the name and residence of the owner
are known, either personally or by mail, or by leaving a notice at the residence or place
of doing business of the owner, or, if the name and residence of the owner is not known,
98.140 a notice shall be published containing a description of the property for six weeks succes-
sively in a newspaper published in the county where the property was deposited. If there is
no newspaper published in that county, then the notice shall be published in a newspaper
nearest thereto in the state. The last publication of the notice shall be at least 18 days prior
to the time of sale.
183.310 Relating to corrections; amending ORS 183.310 and 183.315.
B-9
Procuring and filing copies of plats and field notes of United States surveys; copies as evi-
dence. (1) The county court shall procure from the Bureau of Land Management a copy of
the field notes and plats of all surveys and resurveys of public lands of townships, sections,
Donation Land Claims, mineral claims, homesteads, meander lines or other similar surveys
209.090 lying within its county. These shall include copies of the official plats and field notes of the
survey and shall be filed in the office of the county surveyor. (2) Copies, certified by the
county surveyor, of copies of such field notes or plats filed in the office of the county sur-
veyor by the county court shall be prima facie evidence. [Amended by 1979 c.653 6; 1989
c.394 9]
209.250 Survey by registered land surveyor; requirements for map, narrative or report of survey;
effect of noncompliance.
Relating to adverse possession; creating new provisions; amending ORS 40.135, 96.060
221.750 and Adverse possession of county lands. The rights of any county to public lands are
not extinguished by adverse possession. No title or property rights to public lands shall be
acquired against the county through operation of a statute of limitations. [1981 c.153 51]
229.000
Title to vacated areas. The title to the street or other public area vacated shall attach to the
lands bordering on such area in equal portions; except that where the area has been origi-
271.140 nally dedicated by different persons and the fee title to such area has not been otherwise
disposed of, original boundary lines shall be adhered to and the street area which lies on
each side of such boundary line shall attach to the abutting property on such side. If a pub-
lic square is vacated the title thereto shall vest in the city. [Amended by 1981 c.153 58]
Vacation records to be filed; costs. A certified copy of the ordinance vacating any street
or plat area and any map, plat or other record in regard thereto which may be required or
271.150 provided for by law, shall be filed for record with the county clerk. The petitioner for such
vacation shall bear the recording cost and the cost of preparing and filing the certified copy
of the ordinance and map. A certified copy of any such ordinance shall be filed with the
county assessor and county surveyor.
272.015 Relating to acquisition of land by United States; amending ORS 272.015, 272.020, 272.040,
...
272.036 Power of United States to acquire title for public improvements by eminent domain. When-
ever it is necessary for the United States to acquire title to real property ...
272.102
273.265 Relating to duties of Division of State Lands; amending ORS 183.457, 196.600, 196.610, ...
273.751 Relating to management of state-owned lands; amending ORS 273.751, 273.755, 273.761,
...
273.850 State title to certain lands and improvements transferred to Clatsop County; lands not sub-
ject to board jurisdiction.
OREGON LAWS 1969 Chap. Sec. ORS Chap. Sec. ORS Chap. Sec. ORS Chap. Sec. ORS 2..
273.855 481.970 8.. 414.047 31.. 240.055 Oregon Laws 1969 35.. 1, 2 .. Appn 9.. 418.110 32.. 240.060 1..
1 .. Appn 3.. Temp 10.. 418.115 33,33a ...
B-10
Filing fee; use of fees; additional fee to cover costs of investigation. Each applicant under
ORS 273.865 (1) shall pay, at the time of filing an application, a fee of $25. Moneys received
under this section shall be deposited with the county treasurer and be available for pay-
ment of the expenses of the Board of County Commissioners of Clatsop County in carrying
273.860 out ORS 273.855 (3), (4) and (5) and 273.860 to 273.880. In addition to such fee, if the county
board determines that an investigation under ORS 273.865 (2) is necessary, it may require
the applicant, prior to execution of any deed under ORS 273.855 (1), to pay an additional
fee sufficient to pay the costs incurred by the county board in excess of $25 in carrying out
its duties with respect to that application under ORS 273.855 (3), (4) and (5) and 273.860 to
273.880. [1969 c.495 7]
273.865 481.970 8.. 414.047 31.. 240.055 Oregon Laws 1969 35.. 1, 2 .. Appn 9.. 418.110 32.. 240.060 1..
1 .. Appn 3.. Temp 10.. 418.115 33,33a ...
Notice of deed application; protest; hearing; dual applications. (1) The Board of County
Commissioners of Clatsop County shall give public notice of each application received by
it under ORS 273.865 (1), prior to its consideration thereof, by advertisement not less than
once each week for four successive weeks in a newspaper of general circulation in Clatsop
County. Such notice need not describe the lands applied for in legal terms, but by the use
of common descriptions or maps shall be designed to identify the lands in a manner intel-
ligible to the layman. Each notice shall indicate that a protest against the execution of the
deed applied for may be filed, in a manner prescribed by the county board, with the county
board not later than the 60th day after the fourth publication of the notice, or within such
273.870 further time as the county board authorizes on a showing of good cause. Not later than the
fifth day after the first publication of the notice, the county board shall send written notice
of the application to the Division of State Lands.(2) If no protest is received within the time
provided for in subsection (1) of this section, and if the county board thereafter determines
that the application conforms to the requirements of ORS 273.865 (1), the county board shall
execute and deliver to the applicant a deed in accordance with ORS 273.855 (1). (3) If protest
is received within the time provided for in subsection (1) of this section, the county board
shall cause a hearing to be held with respect to the protest, in a manner prescribed by its
rules, prior to the making of its findings with respect to an application. (4) If two or more
applications are filed with respect to the same lands, the county board shall cause a hearing
to be held at which all such applicants may appear or be represented. [1969 c.495 8]
273.875 481.970 8.. 414.047 31.. 240.055 Oregon Laws 1969 35.. 1, 2 .. Appn 9.. 418.110 32.. 240.060 1..
1 .. Appn 3.. Temp 10.. 418.115 33,33a ...
273.880 Relating to judgments; creating new provisions; amending ORS 1.010, 1.655, 3.070, 3.260,
...
273.885 481.970 8.. 414.047 31.. 240.055 Oregon Laws 1969 35.. 1, 2 .. Appn 9.. 418.110 32.. 240.060 1..
1 .. Appn 3.. Temp 10.. 418.115 33,33a ...
Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited. (1) Nothing
in ORS 273.850 to 273.890 affects controversies among persons and governmental enti-
273.890 ties asserting proprietary rights, title and interests with respect to lands described in ORS
273.850 (1). (2) No ad valorem taxes paid or owing with respect to lands described in ORS
273.850 (1) shall be refunded or canceled on the ground that the State of Oregon may have
been the legal owner of such lands before January 1, 1970. [1969 c.495 2,3]
B-11
Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited. (1) Nothing
in ORS 273.850 to 273.890 affects controversies among persons and governmental enti-
273.890 ties asserting proprietary rights, title and interests with respect to lands described in ORS
273.850 (1). (2) No ad valorem taxes paid or owing with respect to lands described in ORS
273.850 (1) shall be refunded or canceled on the ground that the State of Oregon may have
been the legal owner of such lands before January 1, 1970. [1969 c.495 2,3]
Confirmation of title to tide lands and tide flats. The titles to all tide lands within this state,
and all tide flats not adjacent to the shore in the waters of the state, which have been here-
tofore sold to purchasers by the State of Oregon, where the purchaser has, in good faith,
actually paid to the state the purchase price, and the same has been received by the state,
273.900 and the purchaser has not purchased from the state to exceed 320 acres of that character or
class of land, are hereby confirmed to all such purchasers and grantees of the state, their
heirs, successors or assigns, when such tide lands have not been fraudulently obtained, and
without reference to the amount of any other character of lands purchased by such purchas-
er theretofore from the state. [Formerly 274.050]
273.902 Appointment, partisan political office, political Local Government Boundary Commis-
sions, affiliation, 236.100, 236.225 members, 190.440 Bar Association, Oregon State
Title of certain swamp lands not to be questioned by division; prohibition against sale of
certain swamp lands. The Division of State Lands shall not call in question the title of any
person to any swamp lands which the person may not have acquired by full and complete
273.903 compliance with the preemption or homestead laws of the United States, nor shall the divi-
sion sell to anyone any unsurveyed swamp lands, or swamp lands on which any settler
shall have made and perfected bona fide legal entry under the laws of the United States.
Swamp lands, as used in this section, means lands classified as swamp lands pursuant
to ORS 273.251. [Formerly 274.130]
Confirmation of state land deeds prior to 1891. All deeds prior to February 20, 1891, to
state, school, and university lands, the purchase price of which was paid to the board of
commissioners for the sale of school and university lands and for the investment of the
273.905 fund arising therefrom, hereby are confirmed to the grantees of the state, or to their law-
ful heirs or assigns, together with all rights, title or interest which the state might or could
have in any of the said lands. This section shall not apply to or confirm the title to any
lands which were procured by false swearing or by fraudulent representations. [Formerly
273.280]
Confirmation of title to state lands purchased before 1918. In all cases prior to May 21,
1917, where state deeds were issued to lands claimed by this state under the laws of the
United States, the legal title to which had not yet vested in the state at the date of such
deeds, the after-acquired title of this state in or to such lands shall be deemed vested in such
273.910 purchasers who purchased such lands in good faith, and their heirs and assigns, from the
time such legal title passed or may pass out of the United States. Nothing in this section
shall prevent the State of Oregon from proceeding at any time to set aside on the ground of
fraud any deed made by the state, nor shall anything contained in this section be deemed to
prejudice the rights of any person claiming title to any public land adversely to the State of
Oregon or to the United States. [Formerly 273.270]
273.915 Release of claims under pre-1947 deeds reserving right of way.
274.010 [Amended by 1961 c.619 41; renumbered 274.885]
274.015 Determination of ordinary high and low water.
274.031 [Formerly 274.034; 1981 c.219 2; repealed by 1983 c.566 1]
274.036 Status of channel of Willamette River; approval of dam; state not obligated to maintain river
location.
274.040 Sale or lease of submersible lands; easements.
B-12
274.050 [Renumbered 273.900]
274.210 Authority of division to contract for drainage and reclamation of certain lands.
274.430 State ownership of meandered lakes; status as navigable and public waters. (1)
All meandered lakes are declared to be navigable and public waters. The waters thereof
are declared to be of public character. The title to the submersible and submerged lands of
such meandered lakes, which are not included in the valid terms of a grant or conveyance
274.430 from the State of Oregon, is vested in the State of Oregon. (2) ORS 274.430 to 274.450 shall
not apply to any nonnavigable lakes lying within the boundaries of any duly organized and
incorporated drainage district which was in existence on January 1, 1921. (3) Nothing in
this section impairs the title of any upland or riparian owner to or any vested rights in land
which was added prior to May 25, 1921, by natural accretion or reliction to the lands of such
upland owner. [Amended by 1967 c.421 132]
274.430 State ownership of meandered lakes; status as navigable and public waters.
274.440 Acquisition of future rights to meandered lakes denied; extension of riparian ownership;
lands overflowed by high water.
Acquisition of riparian rights by division. The Division of State Lands may acquire by
purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of
274.450 competent jurisdiction, be held to be owned by or vested in any upland or riparian owner
on any meandered lakes, and may institute such suits or actions as may be necessary in
such condemnation proceedings. [Amended by 1967 c.421 134]
Settlers and riparian owners preferential right to purchase land within meander lines.
All persons qualified to become entrymen and to secure land patents under the homestead
laws of the United States and who prior to January 1, 1921, in good faith settled upon lands
within the meander lines of lakes returned as navigable by the United States surveys and
who, on January 1, 1921, by reason of settlement, cultivation and improvements on any
such lands would be entitled to patent from the United States if such lands were open
274.460 or subject to homestead entry are given a preference right to purchase from the State of
Oregon such lands so settled upon by them, not exceeding 160 acres for any one person,
upon such terms and at such prices and within such times as shall be fixed by the Division
of State Lands. However, owners of the upland bordering upon such ordinary high water
mark have a preference right to purchase, at the best price bid, state lands described in ORS
274.430 and riparian to their lands, and not exceeding 160 acres, in addition to the lands
granted them by ORS 274.430 and 274.440. [Amended by 1967 c.421 135]
Settlers right to deed to land within meander lines; preferential right to additional land;
tacking by successive settlers. (1) Any person who in good faith settled upon lands within
the meander lines of any meandered lake and who, on January 1, 1921, actually resided
thereon, who maintained residence thereon for at least five years immediately prior to such
date, and who complied with the requirements of settlement, residence, cultivation and
improvement, specified for homestead entrymen under the homestead laws of the United
States, and which would be sufficient to acquire title by patent if such lands were subject to
homestead entry by qualified entrymen, upon proof of such facts to the satisfaction of the
274.470 Division of State Lands: (a) Is entitled to a deed from the state, conveying and granting such
lands not exceeding 160 acres without cost; and (b) Has a preferential right to purchase
from the State of Oregon 160 acres of additional lands, chiefly valuable for agricultural pur-
poses. (2) Any person who did not reside on any lands described in subsection (1) of this
section for five years immediately prior to January 1, 1921, but who purchased the improve-
ment or possessory rights or claims of a prior occupant, and whose residence and posses-
sion when tacked to that of such prior occupant extended for a period of not less than five
years immediately prior to such date, shall have a preferential right to purchase such lands,
not exceeding 160 acres, the price of which shall be fixed without reference to the value of
the improvements thereon. [Amended by 1967 c.421 136]
274.480 Rights of riparian owners on Malheur and Mud Lakes.
B-13
274.480 Rights of riparian owners on Malheur and Mud Lakes.
Rights of riparian owners on Malheur and Mud Lakes. The owners of lands riparian to
Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of
the lands within the meander lines of such lakes as is required to fill out the least fractional
subdivision or subdivisions of any section owned by such upland owners, and which is
274.480 rendered fractional by the meander line of such lakes, in addition to the rights recognized
by ORS 274.430 to 274.460 to any natural accretion or reliction added to the lands of such
upland owners prior to May 24, 1923. Owners of any upland bordering upon such meander
lines shall have a preferential right to purchase, in addition, 160 acres of such state lands,
chiefly valuable for agricultural purposes. [Amended by 1967 c.421 137]
274.520 Acceptance of deed to lake bed lands as precluding any other claim.
Acceptance of deed to lake bed lands as precluding any other claim. Any person who
elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands
within the meander lines of a lake takes the same in lieu of any claim to any other lands
274.520 within the meander line of such lake in which such deeded lands lie, and shall not thereaf-
ter maintain in any court any claim to any lands inside the meander line of such lake other
than to the lands conveyed to such person by deed from the state under ORS 274.430 to
274.520 or which such person acquires in good faith from a grantee or purchaser from the
State of Oregon under such statutes. [Amended by 1967 c.421 141]
274.530 Lease or license of stream beds for removal of material; measurement of volume removed.
274.615 [1961 c.703 1,13; 1967 c.421 151; 1987 c.300 2; repealed by 1991 c.217 6]
274.705 Definitions for ORS 274.705 to 274.860.
274.710 Jurisdiction of division over tidal submerged lands; easements; leases for oil, gas and
sulphur.
274.885 Lease of kelp fields.
274.915 Division to lease or dispose of new lands; method.
274.920 Creation of new lands upon submersible or submerged lands.
274.925 Right of public riparian owner to purchase new lands; price determination.
274.935 Ownership, by nonpublic owner of submersible or submerged lands, of new lands created
thereon.
305.100 Rulemaking; forms. The Department of Revenue shall:
307.010 Definition of real property and land.
307.030 Property subject to assessment generally.
307.080 Mining claims.
307.200 Public ways.
307.200 Public ways.
307.450 Certain beach lands.
Minerals, coal, oil, gas or other severable interests owned separately from realty not sub-
308.115 ject to tax; exception for actively mined interests; separately owned improvements sepa-
rately assessed.
308.125 Undivided interest; assessment; ownership of less than one forty-eighth interest.
B-14
Boundary change or proposed boundary change; procedure. (1) In preparing the as-
sessment roll in any year, a county assessor shall disregard changes or proposed changes
308.225 described in subsections (3), (4) and (5) of this section in the boundary lines of any taxing
district levying ad valorem property taxes if the description and map showing changes or
proposed changes are not filed in final approved form, in accordance with and at the time
required by subsection (2) of this section.
Description of land; assessment to unknown owners; mistake or omission in owners
name; error in description of property. (1) Real property may be described by giving the
subdivision according to the United States survey when coincident with the boundaries
thereof, or by lots, blocks and addition names, or by giving the boundaries thereof by metes
308.240 and bounds, or by reference to the book and page of any public record of the county where
the description may be found, or in such other manner as to cause the description to be ca-
pable of being made certain. Initial letters, abbreviations, figures, fractions and exponents,
to designate the township, range, section or part of a section, or the number of any lot or
block or part thereof, or any distance, course, bearing or direction, may be employed in any
such description of real property.
308.245 Maps; taxpayers index.
Payment of taxes on part of property assessed as one parcel; division; when division not
allowed; division between manufactured structure and parcel. (1) Any person desiring to
pay taxes on any part of any real estate assessed as one parcel or tract may do so by apply-
311.280 ing to the county assessor or deputy county assessor. The county assessor shall determine
the relative or proportionate value such part bears to the value of the whole tract assessed,
and shall file a statement thereof with the tax collector, on which basis the assessment shall
be divided and taxes shall be collected accordingly.
336.290 [Repealed by 1963 c.544 52]
365.550
366.005 Definitions. As used in this chapter and in ORS chapter 367, unless the context requires
otherwise:
366.155 Duties and powers of department regarding highways. (1) The Department of Transporta-
tion shall, among other things:
Creation of state highways. The Oregon Transportation Commission may select, establish,
366.215 adopt, lay out, locate, alter, relocate, change and realign primary and secondary state high-
ways. [Amended 1977 c.312 2]
Relocation of highways. The Oregon Transportation Commission may make such changes
in the location of highways designated and adopted by the commission, as in the judgment
366.295 and discretion of the commission will result in better alignment, more advantageous and
economical highway operation and maintenance, or as will contribute to and afford a more
serviceable system of state highways than is possible under the present location. [Amended
by 1977 c.312 1]
366.300 Treatment of sections eliminated when highway relocated.
Acquisition of rights of way and right of access. (1) The Department of Transportation may
acquire rights of way deemed necessary for all primary and secondary state highways, both
366.320 within and without the corporate limits of cities and towns, except that such rights of way
within the corporate limits of cities and towns may be acquired at the sole expense of the
state, at the expense of the city or town or at the expense of the city or town and the state, as
may be mutually agreed upon.
B-15
Studies to aid in relocating persons displaced by highway acquisition. When plans of the
Department of Transportation projected for one year involve acquisition of properties in
any city which will require removal of 25 or more dwelling units, businesses or institu-
tions, the Department of Transportation shall make a study of the persons residing on or
maintaining businesses or institutions on property scheduled for highway acquisition. Such
studies shall be kept current until the premises required for highway acquisition are va-
cated. The department shall obtain such other information as it finds appropriate to aid in
366.322 the relocation of persons displaced by the highway acquisition, and may extend its studies
beyond city boundaries when the highway acquisition will involve dwellings, businesses or
institutions within three miles of a city boundary. Such information shall be made avail-
able to the persons displaced and to other persons who may provide or assist in providing
new locations. This section shall apply whether the highway acquisitions will be paid for in
whole or in part from state funds either directly or by reimbursement. The Department of
Transportation may contract with any governmental subdivision or agency, or with private
concerns to make and maintain such studies, or may employ necessary assistants therefor.
[1959 c.648 1; 1963 c.187 1]
366.332 Definitions for ORS 366.332 and 366.333. As used in ORS 366.332 and 366.333:
Taking fee simple. In all cases where title to real property is acquired by the Department of
366.360 Transportation either by donation, agreement or exercise of the power of eminent domain, a
title in fee simple may be taken.
368.000
368.001 Definitions. As used in this chapter:
County authority over roads; limitations. (1) Except as provided in this section or as oth-
368.016 erwise specifically provided by law, the exercise of governmental powers relating to a road
within a county is a matter of county concern.
Withdrawal of county road status; report; notice; hearing. (1) A county governing body
368.026 shall use the following procedure to withdraw county road status from a portion of a
county road that is outside a city:
County jurisdiction over local access roads. A local access road that is outside a city is
368.031 subject to the exercise of jurisdiction by a county governing body in the same manner as a
county road except as follows:
Standards for county roads and road work. (1) County roads and work performed on
county roads shall comply with specifications and standards, including standards for
368.036 width, adopted by the county governing body. If the county governing body does not have
specifications for work performed on county roads, the work shall comply with standards
and specifications adopted by the Department of Transportation.
Widths of county roads; maintenance of designated roads as county roads. (1) Unless oth-
erwise provided under ORS 368.036, a public road that is designated as a county road after
368.041 August 2, 1951, shall be 50 feet or any greater width the county governing body establishes.
The proposed width shall be stated in all petitions or notices that initiate consideration of
the designation of a road as a county road. The width established for a road shall be stated
in orders or resolutions accepting the road as a county road under ORS 368.016.
Initiation of proceedings to acquire property for road purposes. A county governing body
368.073 may initiate proceedings to acquire title or a lesser interest in real property for public road
purposes:
368.081 Requirements for petition to initiate road proceedings. (1) A petition to initiate proceedings
under ORS 368.073 must contain all of the following:
B-16
Owners rights to terminate road proceedings. (1) A county governing body shall discon-
tinue any proceedings to acquire real property for public road purposes that are initiated by
368.091 a petition described ORS 368.081 at any time before acquisition of the property if a majority
of the owners of property that would abut the proposed road file objections to establishing
the road with the county governing body.
Alternative methods to acquire property for roads. (1) If proceedings to acquire real prop-
368.096 erty for public road purposes have been initiated under ORS 368.073, a county governing
body may acquire the property by any of the following methods:
368.106 Records and survey of property acquired for road. If a county governing body acquires an
interest in real property for public road purposes, the county governing body shall cause:
Acquisition of railroad right of way. (1) Whenever in the location, relocation, construction
or betterment of a public road, a county governing body determines that it is necessary to
368.116 locate, relocate or construct the public road, or any part thereof, upon the right of way of a
railroad company, the county may negotiate and agree with the railroad company for the
right to use or occupy the right of way, or any portion necessary for public road purposes.
Order establishing new road along existing road to identify parts of existing road to be va-
cated. When a county governing body establishes a new public road following the general
368.126 alignment of an existing public road, the final order or resolution shall identify all parts of
any existing road that are to be vacated. Vacation of those parts described is effective with-
out any other proceedings. A road so vacated shall not be closed to public use until the road
laid out to replace it is actually opened to travel. [Formerly 368.540]
Right of way over United States public lands. The county governing body may by resolu-
368.131 tion accept the grant of rights of way for the construction of public roads over public lands
of the United States. This section does not invalidate the acceptance of such grant by gen-
eral public use and enjoyment. [Formerly 368.555]
Use of road viewers to establish road. (1) When proceedings have been initiated under
368.161 ORS 368.073 to acquire real property for public road purposes, the county governing body
may establish a board of road viewers and acquire property for the proposed road in the
manner described in ORS 368.161 to 368.171.
Order, costs and damages under proceeding with road viewers. (1) After completion of
proceedings under ORS 368.161 to 368.171 and consideration of matters and issues present-
368.171 ed during the proceedings, the county governing body shall determine whether a public
need exists for the public road and shall enter an order or resolution granting or denying
the property acquisition. If the county governing body enters the order or resolution estab-
lishing a public road, the order or resolution shall:
368.201 Basis for legalization of road. A county governing body may initiate proceedings to legalize
a county road under ORS 368.201 to 368.221 if any of the following conditions exist:
368.205 [Amended by 1975 c.774 1; 1977 c.338 1; repealed by 1981 c.153 79]
368.206 Proceedings for legalization of roads; report; notice.
368.216
368.221
368.221 Compensation for property affected by road legalization.
B-17
Ownership of vacated property. (1) When a county governing body vacates public prop-
erty under ORS 368.326 to 368.366, the vacated property shall vest as follows: (a) If the
county holds title to the property in fee, the property shall vest in the county. (b) If the
property vacated is a public square the property shall vest in the county. (c) Unless other-
wise described in paragraph (a) or (b) of this subsection, the vacated property shall vest in
368.366 the rightful owner holding title according to law. (d) Except as otherwise provided in this
subsection, the vacated property shall vest in the owner of the land abutting the vacated
property by extension of the persons abutting property boundaries to the center of the va-
cated property. 2) Notwithstanding subsection (1) of this section, a county governing body
may determine the vesting of property vacated under ORS 368.326 to 368.366 in the order
or resolution that vacates the property. [1981 c.153 42]
368.405 [Repealed by 1981 c.153 79]
368.415 [Amended by 1953 c.229 2; 1971 c.427 1; 1981 c.153 66; renumbered 368.041]
368.430 [Repealed by 1981 c.153 79]
368.435 [Repealed by 1981 c.153 79]
368.440 [Repealed by 1981 c.153 79]
368.445 [Repealed by 1981 c.153 79]
368.450 [Repealed by 1981 c.153 79]
368.455 [Repealed by 1981 c.153 79]
368.460 [Repealed by 1981 c.153 79]
368.465 [Repealed by 1981 c.153 79]
368.470 [Repealed by 1981 c.153 79]
368.480 [Repealed by 1981 c.153 79]
368.535 [Repealed by 1981 c.153 79]
Routing and marking state highways through cities. Whenever the route of any state
373.010 highway passes through the corporate limits of any city of this state, the Department of
Transportation:
Jurisdiction over streets taken over for state highway routing through cities; effect on pub-
lic utility duties. (1) Complete jurisdiction and control of streets taken over by the Depart-
ment of Transportation as provided in ORS chapter 366 and ORS 105.760, 373.010, 373.015,
373.020 373.030 and this section, is vested in the department and extends from curb to curb, or, if
there is no regular established curb, then such control extends over such portion of the right
of way as may be utilized by the department for highway purposes. Responsibility for and
jurisdiction over all other portions of the street or road remains in the city.
Change from throughway to highway. Any state highway or section thereof which has
374.025 been located, established, designated and constructed as a throughway may, in whole or in
part, be changed from a throughway to an ordinary highway by the Department of Trans-
portation if in its judgment such action will best serve public needs.
B-18
Acquisition of real property; effect of resolution. (1) The Department of Transportation
may, in the name of the state, acquire by agreement, donation or exercise of the power of
eminent domain, fee title to or any interest in any real property, including easements of
air, view, light and access, which in the opinion or judgment of the department is deemed
necessary for the construction of any throughway, the establishment of any section of an
374.035 existing state road or highway as a throughway or the construction of a service road. The
department may accomplish such acquisition in the same manner and by the same proce-
dure as real property is acquired for state highway purposes, except that in case the acqui-
sition is by proceedings in eminent domain the resolution required under such procedure
shall specify, in addition to other provisions and requirements of law, that the real property
is required and is being appropriated for the purpose of establishing, constructing and
maintaining a throughway.
Acquisition of land not immediately needed. Whenever it becomes necessary to acquire
any real property for use in connection with the location, relocation, construction, recon-
struction, improvement and maintenance of any throughway or section thereof or for a
374.040 service road, the Department of Transportation may, in its discretion, acquire an entire lot,
block or tract of land if by so doing the interests of the owner and the state will be best
served, even though the entire tract is not immediately needed for the highway proper.
This provision and authority shall apply to and be effective whether the real property is
acquired by purchase, agreement or exercise of the power of eminent domain.
Cooperation of municipal and county authorities with Department of Transportation.
The municipal authorities of cities and the county court or board of county commissioners
374.075 of any county may do anything or all things necessary to cooperate with the Department
of Transportation for laying out, acquiring and constructing any section or portion of any
street or highway within their respective jurisdiction as a throughway and to convert any
existing street or highway into a throughway.
Access rights of property abutting on state highways. No rights in or to any state highway,
including what is known as right of access, shall accrue to any real property abutting upon
374.405 any portion of any state highway constructed, relocated or reconstructed after May 12, 1951,
upon right of way, no part of the width of which was acquired prior to May 12, 1951, for
public use as a highway, by reason of the real property abutting upon the state highway.
Department of Transportation to prescribe access rights of abutting property. In connection
with any acquisition of real property for right of way of any state highway, the Department
374.410 of Transportation shall prescribe and define the location, width, nature and extent of any
right of access that may be permitted by the department to pertain to real property de-
scribed in ORS 374.405.
Department of Transportation to acquire and operate or license ferries. Whenever the
Department of Transportation finds and determines that the operation of a ferry across
any stream, river, bay, arm of the ocean or other body of water is necessary and convenient
in connection with the use of any state highway, the department may acquire, construct,
384.105 establish, maintain and operate the ferry. The department may operate the ferry under a
contract, or with its own employees or under a license or permit granted by the depart-
ment, the license or permit to contain such conditions, requirements, terms and provisions
as to the department seem best. The maintenance or operation of any such ferry is subject,
however, to the federal laws and requirements governing navigation.
Ferry approaches and other appurtenances. The Department of Transportation may itself,
or under a cooperative agreement with any county, construct the necessary approaches,
ramps, docks, wharves, ferry slips or other such appurtenances as are necessary for the
384.110 maintenance and operation of a ferry mentioned in ORS 384.105, or the department may
require the construction of such approaches, ramps, docks, wharves, ferry slips and other
necessary approaches by the licensee in the event that the ferry is operated under a license
or permit.
B-19
Cooperation between Department of Transportation and counties as to ferries. In the ac-
quisition, establishment, construction or operation of a ferry mentioned in ORS 384.105, the
Department of Transportation and the county court of any county within which is located
any stream, river, bay, arm of the ocean or other body of water over which it is contem-
plated and found necessary to operate ferries, may enter into a cooperative agreement for
384.115 the acquisition, construction, operation or maintenance of the ferry upon such terms and
conditions as the county court and the department agree. When the ferry is operated under
a cooperative agreement between the county court and the department, the cost and ex-
pense incident to the acquisition, construction, operation or maintenance of the ferry shall
be apportioned between the county and the state in such manner and amount as is agreed
upon.
Discretion as to ferry operation with county and charging tolls. It is discretionary with the
Department of Transportation whether a ferry mentioned in ORS 384.105 be operated by
384.120 the state. If operated by the state and the county under a cooperative agreement, it is discre-
tionary with the Department of Transportation and the county court whether the ferry be
operated as a free public ferry or as a charge or toll ferry.
Funds from which ferry expense paid. When a ferry mentioned in ORS 384.105 is acquired,
constructed, operated and maintained by the Department of Transportation alone, the
entire cost and expense may be paid out of the State Highway Fund. If the ferry has been
384.125 acquired, constructed and is being operated and maintained under a cooperative agreement
between the state and a county, the proportion of the cost and expense to be borne by the
state, as agreed upon, shall be paid out of the State Highway Fund and the proportion to be
paid by the county shall be paid out of county road funds.
Fixing ferriage rates. (1) The Department of Transportation may fix, alter and establish
from time to time the rate of ferriage to be levied and collected, and may, in its judgment,
whenever circumstances warrant and require, alter or change any such rate. (2) Whenever
384.130 the Department of Transportation grants a license to keep and operate a ferry across any
stream, river, bay, arm of the ocean or other body of water, the department shall establish
the rates of ferriage which may be lawfully demanded for the transportation of persons and
property across the body of water, having due regard to the width, situation and location of
the body of water and the damages and difficulties incident to the operation of the ferry.
Posting ferriage rates. Every person licensed to keep and operate a ferry as provided
in ORS 384.105 shall post in some conspicuous place near the ferry landing a written or
384.135 printed list of the rates of ferriage which are chargeable under the orders of the Department
of Transportation. The list of rates shall at all times be written or printed in a plain, legible
manner and posted so near the place where persons pass across the ferry that it may be
readily read.
Bond or letter of credit of ferry licensee. Persons licensed by the Department of Transpor-
tation to maintain and operate a ferry under ORS 384.105 to 384.150 shall be required to
furnish a bond or an irrevocable letter of credit issued by an insured institution as defined
384.140 in ORS 706.008 in such amount as the department requires. The bond or letter of credit
shall be conditioned upon the faithful compliance with and performance of all the condi-
tions, requirements and provisions contained in the license, and shall be in such form as the
department may prescribe. The bond or letter of credit shall be made payable to the state.
[Amended by 1991 c.331 61; 1997 c.631 469]
B-20
Revocation of ferry licenses. (1) If any keeper or operator of a ferry at any time demands
and receives more than the amount designated for ferrying or fails to keep or perform the
conditions of the license or contract, the Department of Transportation may revoke the
384.145 license or permit and may require the keeper or operator to discontinue further operation
of the ferry. (2) If at any time the keeper of a ferry mentioned in ORS 384.105 neglects or
refuses to post and keep up the list of the rates of ferriage mentioned in ORS 384.135, the
Department of Transportation may cancel and revoke the license.
384.205 [Repealed by 1981 c.126 6]

384.210 [Repealed by 1981 c.126 6 and 1981 c.153 79]
Operation of interstate ferries by Department of Transportation, counties, cities, towns or
ports. The state acting by and through the Department of Transportation, and any county,
city, town or port of the State of Oregon adjoining or bordering on any interstate river or
stream of water, is each and every one authorized to: (1) Establish, maintain and oper-
384.305 ate ferry service in and to any adjoining state, and for such purpose may acquire by gift,
purchase, lease, contract, agreement, condemnation or otherwise, real, personal and mixed
property, rights, rights of way, approaches, licenses, privileges and easements, equipment
and facilities in the State of Oregon or any adjoining state, necessary or convenient for the
proper construction, maintenance and operation of any such ferry service or services; or (2)
Contract with others for the purpose of operating and maintaining such ferry service.
Independent or joint action. In carrying out the provisions of ORS 384.305 to 384.360, the
384.310 Department of Transportation, and each of the counties, cities, towns or ports mentioned in
ORS 384.305, may act independent of or in conjunction with each other upon the terms and
conditions agreed upon by the contracting parties.
Agreements for carrying out powers of interstate ferry authorities. For the purpose of car-
rying out or putting into effect any right, power and authority granted by ORS 384.305 to
384.360 or any other law, the Department of Transportation, and each and all of the public
384.315 bodies or agencies mentioned in ORS 384.305, may make and enter into agreements with:
(1) The Government of the United States or any of its agencies. (2) Any adjoining state, its
county, municipality, port or other political subdivisions or agencies. (3) Any persons, as-
sociations, corporations, domestic or foreign.
Use of funds for interstate ferry expenses. The Department of Transportation, and any
384.320 county, city, town or port mentioned in ORS 384.305, may pay out of its respective funds,
or any other funds to any of them available, all or any part of the cost of the construction,
maintenance and operation of the ferry service.
Loans for interstate ferry acquisition and operation; security. The construction, purchase,
maintenance and operation of any ferry service under ORS 384.305 to 384.360 may be
financed in whole or in part by loans obtained from the United States Government or any
384.325 of its agencies, or from any other sources. As security for the payment of such loans the
revenues derived from the ferry service, over and above the cost of its maintenance and op-
eration, may be hypothecated or pledged, but no such hypothecation or pledge of revenues
shall constitute in any manner, or to any extent be made to constitute, a general obligation
of the State of Oregon, or of any county, city, town or port making the pledge.
Issuing revenue certificates for interstate ferry expenses. For the purpose of procuring
funds, when necessary, with which to construct, maintain and operate the ferry service, the
authority constructing, maintaining and operating the service may issue and sell revenue
384.330 certificates, which shall not be the general obligation of the authority issuing them but shall
be redeemable and payable solely from revenues accruing from the ferry service, over and
above the cost of operating and maintaining the service. Such certificates may be purchased
by the State of Oregon.
B-21
Acceptance of funds from United States and gifts. The Department of Transportation, and
every other public body and agency mentioned in ORS 384.305 may: (1) Accept from the
United States or any of its agencies, such funds as are available to this state or to any such
public body or agency, for any of the purposes contemplated by ORS 384.305 to 384.360,
384.335 and enter into such contracts and agreements with the United States or any of its agencies
as may be necessary, proper and convenient, and not contrary to the laws of the state. (2)
Accept from any source any grant or donation of land, any gift of money or any other valu-
able thing, made to the state or any such county, city, town or port, for any of the purposes
contemplated by ORS 384.305 to 384.360.
Eminent domain. The Department of Transportation, and any county, city, town or port
384.340 mentioned in ORS 384.305 to 384.360, may exercise the power of eminent domain to carry
out any of the provisions of ORS 384.305 to 384.360, in accordance with the procedure pro-
vided in ORS chapter 35. [Amended by 1971 c.741 30]
384.340 Eminent domain.
Operation of interstate ferry free or on toll. Any ferry constructed, purchased or otherwise
384.345 acquired and operated under ORS 384.305 to 384.360 may be operated free to the public or
on toll. If operated on toll, the revenues derived therefrom may be pledged as provided in
ORS 384.305 to 384.360.
Use of interstate ferry by federal government. If any ferry constructed, maintained and
operated under ORS 384.305 to 384.360 is needed by the United States for any purpose in
384.350 connection with national defense, then the authority which constructed and is maintaining
and operating the ferry may sell it to the United States or may, by contract, make the ferry
available to the United States.
Location of interstate ferry; part of state highway system. Any ferry service maintained
and operated under ORS 384.305 to 384.360 shall connect, or provision shall be made for
384.355 such connection, with a state and federal highway in this state and a state and federal high-
way in the adjoining state to which the ferry service is maintained. Such ferry service is a
part of the Oregon highway system.
384.360 The authority conferred by ORS 384.305 to 384.355 is in addition and supplemental to the
authority conferred by any other law.
Oregon-Washington cooperative interstate ferry service. The Department of Transporta-
tion, in the name of this state, if and when it appears to the department to be for the best
interest of this state and the citizens thereof, may enter into a written agreement with the
384.405 State of Washington, by and through its Director of Highways or other lawfully constituted
authority, whereby there shall be established and maintained ferry service for the trans-
portation of persons and property across the Columbia River at such sites or locations as
are mutually agreed upon by the Oregon Department of Transportation and the Director of
Highways of the State of Washington.
Location of ferry. No ferry service shall be established or maintained under ORS 384.405 to
384.410 384.440 unless it connects a state and federal highway in the State of Oregon with a state
and federal highway in the State of Washington.
Manner of ferry acquisition and operation. For the purpose of carrying out the objects
of ORS 384.405 to 384.440 the Department of Transportation, acting jointly with the State
384.415 of Washington, may: (1) Purchase, acquire and operate ferries between such places; or (2)
Lease, rent or hire and operate ferries; or (3) Contract with others for the operation of ferries
between such places.
B-22
Payment of Oregons share of ferry expense. This state shall not be obligated to pay, nor
shall it pay for such ferry service, whether furnished by the facilities owned, acquired or
384.420 operated by the state jointly or under contract with others, any sum in excess of 50 percent
of the total cost of the service. The Department of Transportation may pay Oregons part
of the cost of the ferry service out of state highway funds in the same manner that other
disbursements are made out of such funds.
Ferry as part of state highway system. Any ferry operated under ORS 384.405 to 384.440
384.425 and the approach roads thereto on the Oregon side of the Columbia River are a part of the
state highway system and shall be so declared and designated by an appropriate resolution
entered in the minutes of the Department of Transportation.
384.425 Ferry as part of state highway system.
Rules and regulations as to ferry operation. (1) The Department of Transportation shall,
jointly with the proper officials of the State of Washington, for the protection of the general
public and for the safeguarding of the interests of the State of Oregon, its officers, agents
384.430 and employees, prescribe all necessary rules and regulations for the proper and efficient
operation of any ferry mentioned in ORS 384.405. (2) The operation of any ferry under ORS
384.405 to 384.440 shall conform in all respects to all federal or state laws, rules or regula-
tions.
Liability and other insurance for ferry service. The Department of Transportation may, for
the use and benefit of the state, its officers, agents or employees and of the general public,
carry public liability insurance if ferries mentioned in ORS 384.405 are owned and operated
384.435 by the state. The department shall require such public liability insurance if the ferry service
is provided under contract with others. In addition to such public liability insurance the
department may require such other insurance as in the departments judgment the interest
of the state and the general public require.
384.440 Free ferry operation. Any ferry operated under ORS 384.405 to 384.440 may be operated
free of tolls.
Ferry between Umatilla, Oregon, and Plymouth, Washington. (1) The County Court of
Umatilla County, Oregon, and the Department of Transportation, in cooperation, may enter
into such agreement, as in their judgment is advisable, with the County Court of Benton
384.445 County, Washington, and the Director of Highways of the State of Washington, for the
establishment, maintenance and operation of a public ferry across the Columbia River be-
tween Umatilla, Oregon, and Plymouth, Washington, and for connecting the ferry with and
making it a part of the state highway systems of Oregon and Washington.
390.230 Fort Stevens Military Reservation; Clatsop Spit.
390.415 [1977 c.482 2; repealed by 1987 c.14 12]
390.460 [1977 c.482 3; repealed by 1987 c.14 12]
390.620 Pacific shore not to be alienated; judicial confirmation.
390.630 Acquisition along ocean shore for state recreation areas or access.
390.635 Jurisdiction of department over recreation areas.
390.640 Permit required for improvements on ocean shore; exceptions.
390.650 Improvement permit procedure; fee.
390.655 Standards for improvement permits.
390.658 [1969 c.601 12; 1979 c.186 23; repealed by 1999 c.373 5 (390.659 enacted in lieu of
390.658)]
B-23
390.660 Regulation of use of lands adjoining ocean shores.
390.690 Title and rights of state unimpaired.
390.755 Periodic reexamination of vegetation line; department recommendations for adjustment.
390.755 Periodic reexamination of vegetation line; department recommendations for adjustment.
390.760 Exceptions from vegetation line.
390.770 Vegetation line described.
390.915 Determination of value of scenic easement for tax purposes; easement exempt.
478.010 Formation; territories that may not be included in districts.
509.427 [1969 c.675 10; 1981 c.638 4; renumbered 622.230]
509.430 [Repealed by 1965 c.570 152]
509.431 [1969 c.675 11; 1981 c.638 6; renumbered 622.250]
509.433 [1969 c.675 12; 1981 c.638 7; renumbered 622.260]
509.435 [Repealed by 1965 c.570 152]
509.439 [1969 c.675 13; 1981 c.638 9; renumbered 622.280]
509.440 [Repealed by 1965 c.570 152]
509.445 [Repealed by 1965 c.570 152]
509.495 [Amended by 1969 c.675 4; renumbered 622.340]
509.527 [1969 c.675 10; 1981 c.638 4; renumbered 622.230]
509.529 [1969 c.675 11a; 1981 c.638 5; renumbered 622.240]
509.536 [1965 c.570 59d; 1969 c.675 2; 1981 c.638 8; renumbered 622.270]
517.170 EXTINGUISHING DORMANT MINERAL INTEREST, Policy.
537.110 Public ownership of waters.
672.025 Practice of land surveying without registration prohibited; seal required.
777.116 Port may acquire real and personal property; appraisal by state certified appraiser required;
purchase contract limited.
777.120 Ports authority over harbors, wharf lines and navigation.
780.010 Stream improvement authorized; channel obstruction prohibited.
780.030 Channels improved are highways free to navigation.
780.040 When landowner may construct wharf.
780.050 Municipality or port may regulate construction of certain structures beyond low-water
mark.
780.060 Construction not to interfere with oyster production.
204.016(2) Relating to qualifications for county offices; amending ORS 204.016.
B-24
State title to certain lands and improvements transferred to Clatsop County; lands not sub-
ject to board jurisdiction. (1) In the manner and under the conditions set out in ORS 273.850
to 273.890, and notwithstanding any other law, the State of Oregon shall remise, release
and forever quitclaim to Clatsop County all rights, title and interest that may remain or be
vested in the state with respect to lands described in subsection (2) of this section and any
273.850(1) improvements thereon (excluding bridges, wharves, quays, docks, piers, marinas or similar
structures protruding above the line of ordinary high water), that are located within the fol-
lowing described area: Those portions of sections 12 and 13 of township 8 north, range 10
west of the Willamette Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south
one-half of section 3, of township 8 north, range 9 west of the Willamette Meridian, that are
within the boundaries of the City of Astoria as such boundaries existed on June 13, 1969.
improvements thereon (excluding bridges, wharves, quays, docks, piers, marinas or similar
273.850(1) and lowing described area: Those portions of sections 12 and 13 of township 8 north, range 10
(2) west of the Willamette Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south
within the boundaries of the City of Astoria as such boundaries existed on June 13, 1969. (2)
Subsection (1) of this section applies to lands created before May 28, 1963, by artificial fill or
deposit on lands formerly submersible or submerged, if such lands were possessed under
color of title by a person or governmental entity, or predecessors in interest of such person
or governmental entity, throughout the period beginning when such lands were created
and ending on January 1, 1970.
improvements thereon (excluding bridges, wharves, quays, docks, piers, marinas or similar
273.850(2) lowing described area: Those portions of sections 12 and 13 of township 8 north, range 10
west of the Willamette Meridian, and sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south
within the boundaries of the City of Astoria as such boundaries existed on June 13, 1969. (2)
Subsection (1) of this section applies to lands created before May 28, 1963, by artificial fill or
deposit on lands formerly submersible or submerged, if such lands were possessed under
color of title by a person or governmental entity, or predecessors in interest of such person
or governmental entity, throughout the period beginning when such lands were created
and ending on January 1, 1970.
B-25
Clatsop County to transfer title to lands and improvements to certain possessors; fee on
execution of deed. (1) ORS 273.850 (1) and (2) apply with respect to any lands described
therein only when the Board of County Commissioners of Clatsop County executes and
delivers a deed remising, releasing and forever quitclaiming all rights, title and interest
that may remain or be vested in such county with respect to such lands, to a person or
governmental entity that has been found under subsections (3), (4) and (5) of this section
and ORS 273.860 to 273.880 to have such possession of the lands as of the time of applica-
tion for a deed under ORS 273.850 to 273.890 as would bar an action or suit for recovery of
the lands by a private person under no disability holding legal title thereto. However, in
273.855(2) the case of lands heretofore or hereafter acquired by Clatsop County through foreclosure
for delinquent ad valorem taxes or otherwise, ORS 273.850 (1) and (2) apply with respect
to any lands described therein when it has been found under subsections (3), (4) and (5) of
this section and ORS 273.860 to 273.880 that Clatsop County or its predecessor in interest
with respect to such lands has such possession of the lands as would bar an action or suit
for recovery of the lands by a private person under no disability holding legal title thereto.
(2) A deed executed under this section is intended only to evidence the action of the State
of Oregon and Clatsop County in remising, releasing and quitclaiming their rights, title
and interest, and does not confer any rights, title or interest on the recipient of the deed or
indicate any judgment of the State of Oregon or Clatsop County with respect to any other
rights, title or interest that remain or be vested in the recipient of the deed.
273.860 to Relating to judgments; creating new provisions; amending ORS 1.010, 1.655, 3.070, 3.260,
273.880 ...
274.005(3) Relating to public use of waterways; creating new provisions; and amending ORS 274.005
and ...
and ...
and ...
and ...
and ...
and ...
274.025(2), Relating to public use of waterways; creating new provisions; and amending ORS 274.005
274.440(1) and ...
Sale or lease of submersible lands; easements. (2) Submersible lands owned by the State
of Oregon that are determined by the State Land Board to be available for sale may be sold
only to the highest bidder, after being advertised not less than once each week for two suc-
274.040(2)(c) cessive weeks in one or more newspapers of general circulation in the county in which the
lands are situated. However: (c) Any owner of lands abutting or fronting on such submers-
ible lands shall have the preference right to purchase such lands for the fair appraised value
provided that the sale of such lands be approved by the State Land Board.
B-26
Sale or lease of submersible lands; easements. (2) Submersible lands owned by the State
of Oregon that are determined by the State Land Board to be available for sale may be sold
only to the highest bidder, after being advertised not less than once each week for two suc-
cessive weeks in one or more newspapers of general circulation in the county in which the
274.040(8) lands are situated. However: (8) The act of any person entering into an agreement with the
division under this section or ORS 274.530 for the lease of submersible lands shall not be
considered a waiver by such person of any claim of ownership in the submersible lands de-
scribed in the agreement. [Amended by 1961 c.37 1; subsection (3) enacted as 1961 c.37 2;
1967 c.421 104; 1969 c.594 32; subsection (4) enacted as 1969 c.675 17; 1975 c.547 1; 1975
c.765 2; 1979 c.793 3; 1981 c.158 1; 1981 c.432 1; 1991 c.217 5; 1995 c.113 2]
State ownership of meandered lakes; status as navigable and public waters. (1) All mean-
dered lakes are declared to be navigable and public waters. The waters thereof are declared
to be of public character. The title to the submersible and submerged lands of such mean-
dered lakes, which are not included in the valid terms of a grant or conveyance from the
274.430(2) and State of Oregon, is vested in the State of Oregon. (2) ORS 274.430 to 274.450 shall not apply
(3) to any nonnavigable lakes lying within the boundaries of any duly organized and incorpo-
rated drainage district which was in existence on January 1, 1921. (3) Nothing in this section
impairs the title of any upland or riparian owner to or any vested rights in land which was
added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland
owner. [Amended by 1967 c.421 132]
State ownership of meandered lakes; status as navigable and public waters. (1) All mean-
dered lakes are declared to be navigable and public waters. The waters thereof are declared
to be of public character. The title to the submersible and submerged lands of such mean-
dered lakes, which are not included in the valid terms of a grant or conveyance from the
274.430(3) State of Oregon, is vested in the State of Oregon. (2) ORS 274.430 to 274.450 shall not apply
to any nonnavigable lakes lying within the boundaries of any duly organized and incorpo-
rated drainage district which was in existence on January 1, 1921. (3) Nothing in this section
impairs the title of any upland or riparian owner to or any vested rights in land which was
added prior to May 25, 1921, by natural accretion or reliction to the lands of such upland
owner. [Amended by 1967 c.421 132]
Acquisition of future rights to meandered lakes denied; extension of riparian ownership;
lands overflowed by high water. (1) There are no vested rights in or to any future accretion
274.440(1) or reliction to the lands of any upland or riparian owner on any meandered lake. No person
shall acquire any right, title or interest in or to the submerged or submersible lands of any
such lakes, or any part thereof, by reliction, accretion or otherwise, or by reason of the low-
ering or drainage of the waters of such lakes, except as provided by statute.
(2) Upon drainage of meandered lakes, the title of owners of land riparian to such lakes
drained under any law shall extend to so much of the submersible and submerged lands
reclaimed by such drainage as is required to fill out the least fractional subdivision or sub-
divisions of any section owned by such riparian owners and which is rendered fractional
274.440(2) by the meander line of such lake; and the title of such owners shall be so limited when the
receding lake waters, because of such drainage, uncover the submersible and submerged
lands. Where by reason of natural accretion or reliction such fractional subdivision or sub-
divisions of such upland owners were filled out thereby prior to May 25, 1921, such upland
owners shall hold to the line of such lands as extended by the natural accretion or reliction.
(3) Submersible and submerged lands covered at ordinary high water at ordinarily recur-
ring seasons by the waters of meandered lakes, or from which the waters of any such lakes
have not at ordinarily high water permanently receded, are not considered to be accreted
274.440(3) or relicted lands, but the same and all accretions and relictions occurring or formed over
any of the lands of the State of Oregon, as provided by ORS 274.430, are the property of the
State of Oregon, and may be by it leased, sold or managed in the manner provided by law.
[Amended by 1967 c.421 133]
B-27
274.480,
274.260,
274.460,
274.025,
274.430, and
274.440
274.510(1)
274.510(2)
274.705(1)
274.705(1);
274.905(1),
274.920; Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the con-
274.925; text requires otherwise:
274.935; and
274.960
Definitions for ORS 274.705 to 274.860. As used in ORS 274.705 to 274.860, unless the con-
274.705(7) text requires otherwise: (7) Tidal submerged lands means lands lying below the line of
mean low tide in the beds of all tidal waters within the boundaries of this state as heretofore
or hereafter established. [1961 c.619 1; 1967 c.421 158]
Right of nonpublic riparian owner to purchase new lands; price determination; applies to
certain new lands. (1) Whenever the United States, while engaged in the promotion of navi-
274.929(1) gation, creates new lands upon submersible or submerged lands owned by the state and
the adjoining or opposite upland or riparian land on the same side of the body of water is
owned by other than a public body, the nonpublic riparian owner has the right to purchase
the new lands as provided in this section.
Right of public body to purchase new lands created by it; price determination. (1) When-
ever a public body, in accordance with ORS 274.920, creates new lands upon submersible
or submerged lands owned by the state, the public body has the right to purchase the
new lands as provided in this section. The public body shall pay to the Division of State
Lands for the new lands the value of the state-owned submersible or submerged lands
upon which the new lands were created immediately prior to the creation of the new lands
274.932(1) thereon and an amount prescribed by the division to pay its administrative costs incurred
with respect to the new lands. Such payment shall be made by the public body within one
year after the date of the receipt by it of actual notice by the division of the creation of the
new lands, the value of the state-owned submersible or submerged lands upon which the
new lands were created and the administrative costs incurred by the division with respect
to the new lands. If the public body fails to make payment for the new lands as provided in
this subsection within one year after the date of the notice by the division, the division may
dispose of the new lands as provided in ORS 274.915.
274-029(2) [1973 c.496 1; 1977 c.471 1; 1981 c.219 1; repealed by 1983 c.566 1]
Property tax appraisal program; maps, plats, standardized record systems for assessors
and tax collectors. (1) The Department of Revenue is authorized to institute programs
for the appraisal of property in counties of the state and to make appraisals for the use of
306.125(1) county assessors and boards of property tax appeals in assessing property and reviewing
assessment rolls, and may install, and assist in the preparation and maintenance of maps,
plats or standardized record systems as prescribed by the department, in the offices of as-
sessors and tax collectors.
B-28
Property tax appraisal program; maps, plats, standardized record systems for assessors
and tax collectors. (1) The Department of Revenue is authorized to institute programs
for the appraisal of property in counties of the state and to make appraisals for the use of
county assessors and boards of property tax appeals in assessing property and reviewing
306.125(2) assessment rolls, and may install, and assist in the preparation and maintenance of maps,
plats or standardized record systems as prescribed by the department, in the offices of
assessors and tax collectors. (2) The department and county courts are authorized to enter
into agreements for the sharing of the expenses of such appraisals and installations includ-
ing salaries and expenses of department employees engaged therein.
307.01091) Definition of real property and land.
308.125(2) Undivided interest; assessment; ownership of less than one forty-eighth interest.
308.240(1) Description of land; assessment to unknown owners; mistake or omission in owners

name; error in description of property.
336.220(1)
368.445 (1) [Repealed by 1981 c.153 79]
368.445(2) [Repealed by 1981 c.153 79]
368.470(7) [Repealed by 1981 c.153 79]
368.470(7) [Repealed by 1981 c.153 79]
374.005 to
374.095
374.015(1)
374.305 to
374.325
390.310 to Definitions for ORS 390.310 to 390.368. As used in ORS 390.310 to 390.368, unless the con-
390.368 text requires otherwise:
Submission of plan to Land Conservation and Development Commission; revision, ap-
proval and distribution of plan. (1) Following the preparation of the plan or any segment
thereof under ORS 390.318, the State Parks and Recreation Department shall submit such
390.332 to plan or segment to the Land Conservation and Development Commission. The commission
390.338 shall investigate and review such plan or segment as it considers necessary. If the commis-
sion finds that the plan or segment complies with ORS 390.310 to 390.368, it shall approve
the plan or segment. If the commission finds revision of any part of the submitted plan or
segment to be necessary, it may revise the plan or segment itself or require such revision by
the department and units of local government.
390.605(2) Relating to ocean shore use; creating new provisions; and amending ORS 390.605, 390.678
and ...
390.805 to Definitions for ORS 390.805 to 390.925. As used in ORS 390.805 to 390.925, unless the con-
390.925 text requires otherwise:
B-29
Highest and best use of waters within scenic waterways; prohibitions; authority of various
agencies; water rights; conditions; recreational prospecting; placer mining. (1) It is declared
that the highest and best uses of the waters within scenic waterways are recreation, fish
and wildlife uses. The free-flowing character of these waters shall be maintained in quanti-
390.835 and ties necessary for recreation, fish and wildlife uses. No dam, or reservoir, or other water
390.845 impoundment facility shall be constructed on waters within scenic waterways. No water
diversion facility shall be constructed or used except by right previously established or as
permitted by the Water Resources Commission, upon a finding that such diversion is neces-
sary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies set
forth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and
enforce the provisions of this subsection.
506.006(13) General definitions. As used in the commercial fishing laws, unless the context requires
otherwise:
537 through
538
541.605 to Chapter 541 541.351 to 541.395 LAW REVIEW CITATIONS: 26 EL 175 (1996) 541.370 LAW
541.665 REVIEW CITATIONS: 26 EL 175 (1996) 541.605 to 541.695 See annotations under ORS
196.800 to 196.905. 541.605
545.452(3) Relating to irrigation districts; creating new provisions; amending ORS 541.700, 545.002,
...
Annual charge or assessment; computation; apportionment; liability of state lands; pay-
ment of assessments by bonds, coupons or warrants. (1) The board of supervisors shall
each year make a computation of the whole amount of money to be raised by the district
through charges or assessments for the ensuing year for any purposes whatsoever in car-
rying out the provisions of the Drainage District Act, including maintenance and operation
and estimated delinquencies on charges or assessments. This amount when determined
547.455(3) by the board shall constitute an assessment upon all the land included in the district and
shall be apportioned by the board in accordance with the report of the commissioners as
confirmed or amended by the court as provided for in ORS 547.235. (3) Any land, the title to
which is vested in the state, or state lands sold under contract in any drainage district, shall
be subject to charge or taxation by the district, and the full amount of the charge or assess-
ment due against such lands shall be paid to the district at the same times and in the same
manner as other drainage district charges and assessments are paid.
Definitions for ORS 92.010 to 92.190. As used in ORS 92.010 to 92.190, unless the context
92.010 (10) requires otherwise (10) Property line means the division line between two units of
land.
92.010 (11) (11) Property line adjustment means the relocation of a common property line be-
tween two abutting properties.
92.010 (9) (9) Plat includes a final subdivision plat, replat or partition plat.
Approval of city or county required before creating street or road to partition land. (1) No
92.014 (1) person shall create a street or road for the purpose of partitioning an area or tract of land
without the approval of the city or county having jurisdiction over the area or tract of land
to be partitioned.
(2) Notwithstanding ORS 92.175, no instrument dedicating land to public use shall be
92.014 (2) accepted for recording in this state unless such instrument bears the approval of the city or
county authorized by law to accept such dedication. [1955 c.756 3; 1973 c.696 4; 1991 c.763
4]
B-30
Buyers remedies for purchase of improperly created lot or parcel. (1) A person who buys
a lot or parcel that was created without approval of the appropriate city or county authority
may bring an individual action against the seller in an appropriate court to recover damag-
92.018 to es or to obtain equitable relief. The court may award reasonable attorney fees to the prevail-
92.170 ing party in an action under this section. (2) If the seller of the lot or parcel is a county that
involuntarily acquired the lot or parcel by means of foreclosure under ORS chapter 312 of
delinquent tax liens, the person who purchases the lot or parcel is not entitled to damages
or equitable relief. [1983 c.718 4; 1995 c.618 53; 1997 c.805 2]
(2) No person shall sell any lot in any subdivision or convey any interest in a parcel in any
partition by reference to or exhibition or other use of a plat of such subdivision or partition
92.025 (2) before the plat for such subdivision or partition has been so recorded. In negotiating to sell
a lot in a subdivision or convey any interest in a parcel in any partition under ORS 92.016
(1) and (2), a person may use the approved tentative plan for such subdivision or partition.
(3) Notwithstanding subsections (1) and (2) of this section, the governing body of a city or
county may enact an ordinance waiving the requirement that parcels created in excess of 80
92.025 (3) acres be shown on a partition plat. Nothing in this subsection shall exempt a local govern-
ment from minimum area requirements established in acknowledged comprehensive plans
and land use regulations. [1955 c.756 6 (enacted in lieu of 92.020 and 92.030); 1973 c.696 6;
1977 c.809 6; 1989 c.772 4; 1991 c.763 6]
(2) After September 9, 1995, when a local government makes a decision on a land use ap-
plication for a subdivision inside an urban growth boundary, only those local government
92.040 (2) laws implemented under an acknowledged comprehensive plan that are in effect at the
time of application shall govern subsequent construction on the property unless the appli-
cant elects otherwise.
(3) A local government may establish a time period during which decisions on land use
92.040 (3) applications under subsection (2) of this section apply. However, in no event shall the time
period exceed 10 years, whether or not a time period is established by the local govern-
ment. [Amended by 1955 c.756 7; 1973 c.696 7; 1983 c.826 8; 1989 c.772 5; 1995 c.812 9]
Requirements of survey and plat of subdivision and partition. (1) A person shall not sub-
mit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250
and the plat requirements of the subdivision or partition have been met. (4) The plat of the
92.050(4) subdivision or partition shall be of such scale and lettering size, approved by the county
surveyor, so that all survey and mathematical information, and all other details may be
clearly and legibly shown thereon. Each lot or parcel shall be numbered consecutively. The
lengths and courses of all boundaries of each lot or parcel shall be shown. Each street shall
be named.
B-31
Marking certain points of subdivisions, partitions or condominium plats with monuments;
specifications of monuments; monuments placed before recording; adjusted property line
survey and monument. (1) The initial point of all plats shall be on the exterior boundary
of the plat and shall be marked with a monument, either of concrete, galvanized iron pipe
or an iron or steel rod. If concrete is used it shall not be less than 6 inches by 6 inches by 24
inches and shall contain not less than five cubic inches of ferrous material permanently im-
92.060(2) bedded in the concrete. If galvanized iron pipe is used it shall not be less than three-quarter
inch inside diameter and 30 inches long, and if an iron or steel rod is used it shall not be
less than five-eighths of an inch in least dimension and 30 inches long. The location of the
monument shall be with reference by survey to a section corner, one-quarter corner, one-
sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary
corner of a recorded subdivision, partition or condominium plat. The county surveyor
may authorize the setting of another type of monument in circumstances where setting the
required monuments is impracticable.
platted the subdivision bearing that name or unless the party files and records the consent
plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for
used block numbers or letters. (2) No tentative plan for a proposed subdivision and no
tentative plan for a proposed partition shall be approved unless: (a) The streets and roads
are laid out so as to conform to the plats of subdivisions and partitions already approved
for adjoining property as to width, general direction and in all other respects unless the
city or county determines it is in the public interest to modify the street or road pattern.
(b) Streets and roads held for private use are clearly indicated on the tentative plan and all
92.090 (3) reservations or restrictions relating to such private roads and streets are set forth thereon.
(c) The tentative plan complies with the applicable zoning ordinances and regulations and
the ordinances or regulations adopted under ORS 92.044 that are then in effect for the city
or county within which the land described in the plan is situated. (3) No plat of a proposed
subdivision or partition shall be approved unless: (a) Streets and roads for public use are
dedicated without any reservation or restriction other than reversionary rights upon vaca-
tion of any such street or road and easements for public utilities. (b) Streets and roads held
for private use and indicated on the tentative plan of such subdivision or partition have
been approved by the city or county. (c) The subdivision or partition plat complies with
any applicable zoning ordinances and regulations and any ordinance or regulation adopted
under ORS 92.044 that are then in effect for the city or county within which the land de-
scribed in the subdivision or partition plat is situated. (d) The subdivision or partition plat
is in substantial conformity with the provisions of the tentative plan for the subdivision or
partition, as approved. e) The subdivision or partition plat contains a donation to the public
of all common improvements, including but not limited to streets, roads, parks, sewage
disposal and water supply systems, the donation of which was made a condition of the ap-
proval of the tentative plan for the subdivision or partition. (f) Explanations of all common
improvements required as conditions of approval of the tentative plan of the subdivision or
partition have been recorded and referenced on the subdivision or partition plat.
B-32
platted the subdivision bearing that name or unless the party files and records the consent
92.090(2) plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for
used block numbers or letters. (2) No tentative plan for a proposed subdivision and no ten-
tative plan for a proposed partition shall be approved unless: (a) The streets and roads are
laid out so as to conform to the plats of subdivisions and partitions already approved for
adjoining property as to width, general direction and in all other respects unless the city or
county determines it is in the public interest to modify the street or road pattern. (b) Streets
and roads held for private use are clearly indicated on the tentative plan and all reserva-
tions or restrictions relating to such private roads and streets are set forth thereon.
Amending recorded plat; affidavit of correction. (1) Any plat of a subdivision or partition
92.170(1) filed and recorded under the provisions of ORS 92.018 to 92.190 may be amended by an af-
fidavit of correction:
Rules for construing description of real property. The following are the rules for constru-
ing the descriptive part of a conveyance of real property, when the construction is doubtful,
93.310(5) and there are no other sufficient circumstances to determine it: (5) When tidewater is the
boundary, the rights of the grantor to low watermark are included in the conveyance, and
also the right of this state between high and low watermark.
Unrecorded instrument affecting title or unrecorded assignment of sheriffs certificate
of sale void as to subsequent purchaser. (1) Every conveyance, deed, land sale contract,
assignment of all or any portion of a sellers or purchasers interest in a land sale contract
or other agreement or memorandum thereof affecting the title of real property within this
state which is not recorded as provided by law is void as against any subsequent purchaser
in good faith and for a valuable consideration of the same real property, or any portion
thereof, whose conveyance, deed, land sale contract, assignment of all or any portion of a
sellers or purchasers interest in a land sale contract or other agreement or memorandum
thereof is first filed for record, and as against the heirs and assigns of such subsequent pur-
chaser. As used in this section, every conveyance, deed, land sale contract, assignment of
93.640 (1) all or any portion of a sellers or purchasers interest in a land sale contract or other agree-
ment or memorandum thereof affecting the title of real property includes mortgages,
trust deeds, and assignments for security purposes or assignments solely of proceeds, given
by purchasers or sellers under land sale contract. As used in this section, memorandum
means an instrument that contains the date of the instrument being memorialized, the
names of the parties, a legal description of the real property involved, and the nature of the
interest created, which is signed by the person from whom the interest is intended to pass,
and acknowledged or proved in the manner provided for the acknowledgment or proof of
deeds. A memorandum of an instrument conveying or contracting to convey fee title to any
real estate shall state on its face the true and actual consideration paid for such transfer as
provided in ORS 93.030.
94.570(4) Relating to planned communities; amending ORS 94.570. Relating to organized communi-
ties; creating new provisions; amending ORS 94.550, 94.565, ...
94-480 [Formerly 91.671; renumbered 100.910 in 1989]
B-33
B-34
Appendix C:
Court Cases
The Oregon Supreme Court responsibility to promulgate a personnel plan for all
officers and employees of the courts governing ap-
pointment, compensation, promotion, discipline, and
The Supreme Court is composed of seven justices
all other incidents of employment. The chief justice is
elected by nonpartisan statewide ballot to serve six-
also charged with the duty of supervising a statewide
year terms. Justices elected to the Supreme Court
must be U.S. citizens, members of the Oregon State plan for budgeting, accounting and fiscal management
Bar, and must have resided in the state three years. of the Judicial Department.
The Supreme Court is created and its jurisdiction The chief justice may also assign any circuit or dis-
is defined by Amended Article VII of the Oregon trict court judge to serve temporarily as a circuit court
Constitution. It is primarily a court of review; that judge in any county of any judicial district in the state.
is, it reviews the decisions of the Court of Appeals The Supreme Court may appoint any regularly elect-
in selected cases. The Supreme Court decides which ed circuit judge or Court of Appeals judge to serve as
cases to review, usually selecting those with signifi- a judge pro tempore of the Supreme Court when the
cant legal issues calling for interpretation of laws af- need arises. It also has the authority to appoint senior
fecting many citizens and institutions of society, not judges (those judges who have served a total of 12 or
just the parties involved in the case at hand. The court
more years and are now retired) to serve temporarily
may either affirm, reverse or modify a decision of the
in any state court at or below the level of the court in
Court of Appeals. When it decides not to review a
case, the Court of Appeals decision becomes final. In which the judge served before retirement.
addition to this review functions, the Supreme Court
hears appeals from the decisions of the Oregon Tax
Court and may accept original jurisdiction in manda-
Oregon Court of Appeals
mus, quo warranto, and habeas corpus proceedings.
The Court of Appeals was created by the legislature
The court also has responsibility for admitting attor-
in 1969 as a five-member court, was expanded to six
neys to practice in Oregon and for the discipline of
attorneys and judges. judges in 1973 and to 10 in 1977. Its judges, elected by
statewide nonpartisan ballot for six-year terms, must
The Supreme Court may sit in banc (full court) or in be U.S. citizens, members of the Oregon State Bar,
departments of three to five justices, the majority of and qualified electors of their county of residence.
whom must be regularly elected justices. When the
The chief judge is appointed for a two-year term by
court sits in banc, a majority of justices must concur to
the chief justice from among the judges of the court.
pronounce judgment. When a case is heard by a de-
partment, not fewer than three justices must concur Since Jan. 1, 1976, the Court of Appeals has had exclu-
to pronounce judgment. sive jurisdiction of all appeals, both civil and crimi-
nal, from circuit and district courts and of all review
Administrative Authority of state administrative agency actions.
of the Supreme Court
Reviews and Decisions
Under a statute passed in 1981, the chief justice is des-
ignated as the administrative head of the Judicial De- A party aggrieved by a decision of the Court of Ap-
partment of state government and, as such, exercises peals may petition the Supreme Court for review
administrative authority and supervision over the ap- within 30 days after the Court of Appeals decision
pellate, circuit, district and tax courts. In that capacity,
is issued. The party must file copies of the petition
the chief justice may make rules and issue orders to
with the Court of Appeals, and the Court of Appeals
carry out duties of the office and may require appro-
priate reports from judges and other officers and em- must determine whether it will reconsider its deci-
ployees of the court. In the 1981 statute, the legislature sion before the Supreme Court considers the petition.
directed that the chief justice establish an account- After the Court of Appeals acts, the Supreme Court
able, equitably funded and uniformly administered determines whether to review the case. A petition for
system of justice for all the people of this state. As the review is allowed whenever three or more supreme
head of the Judicial Department, it is the chief justices court judges vote to allow it.
C-1
Oregon Tax Court areas called judicial districts. Multnomah County
district has 20 circuit judges; Lane, 10; Marion, seven;
Clackamas, Washington, Josephine/Jackson, Linn/
The Oregon Tax Court, created by the 1961 Legis- Benton, five judges each. One district has four judges,
lature, has exclusive jurisdiction over tax questions five have three judges each. Two have two judges
relating to income, inheritance, gift, real property, each, and four have one judge each.
personal property, timber, and cigarette taxation,
and the local budget law levy. To expedite judicial business, the chief justice of the
Supreme Court may assign any circuit judge to sit in
In cases within the courts jurisdiction, the Regular any judicial district in the state, and he may appoint
Division is comparable to a circuit court and exer- members of the Oregon State Bar as circuit judges pro
cises equivalent powers. The Small Claims Division tempore.
has jurisdiction over income tax, gift and inheritance
tax, homeowners and renters refunds, and timber
severance tax controversies involving $500 or less, District Courts
exclusive of penalties and interest. In the property
tax field, the Small Claims Division has jurisdiction The district courts are trial courts limited to $3,000 in
in cases where the value of either the parcel of land civil cases and to misdemeanor criminal cases, includ-
or the total improvements thereon is less than $35,000 ing traffic offenses, where conviction is punishable
and less than $15,000 true cash value of personal by a fine of up to $3,000, imprisonment of one year
property. In cases where the amounts involved ex- or less, or both. District courts conduct preliminary
ceed the jurisdiction of the Small Claims Division, hearings in felony matters, which may result in bind-
the cases must be filed in the Regular Division of the ing over the accused to the grand jury. District courts
court, after having been first appealed to the Depart- may not try cases involving title to real property. The
ment of Revenue. Appeal from the courts decision district courts have small claims departments which
is made directly to the Supreme Court. In the Small have jurisdiction for recovery of money or damages
Claims Division, the cases come directly from the where the amount claimed does not exceed $700.
states tax auditor or from the county board of equal-
ization, and the courts decision is final.
Where factual issues are pleaded, court is usually
County Courts
held in the county where the taxpayer resides or the
property is located. The judge serves a six-year term At one time, county courts existed in all 36 Oregon
and is elected on the statewide, nonpartisan judicial counties. The title county judge is retained in some
ballot. counties as the title of the chairman of the board of
county commissioners. There is no requirement that
county judges be members of the bar.
Circuit Courts Where a county judges judicial function still exists,
it is limited to juvenile and probate matters and oc-
The circuit courts are the state trial courts of general
cupies only a portion of the judges time, which is
jurisdiction and have appellate jurisdiction over the
primarily devoted to nonjudicial administrative re-
county courts, the justice courts and some municipal
sponsibilities as a member of the county board. Only
courts. The circuit courts have adoption and juvenile
nine Oregon counties, all east of the Cascades, now
jurisdiction in all counties except Crook, Gilliam,
have a county judge who retains any judicial author-
Harney, Jefferson, Morrow, Sherman and Wheeler
ity: Harney, Gilliam, Sherman and Wheeler (having
counties, where the county court exercises juvenile
jurisdiction. The circuit courts also exercise jurisdic- both juvenile and probate jurisdiction); Malheur and
tion in probate, guardianship and conservatorship Grant (probate only); and Morrow, Crook and Jeffer-
cases in all counties except Gilliam, Grant, Harney, son (juvenile only).
Malheur, Sherman and Wheeler counties.
Circuit court judges are elected on a nonpartisan bal- Justice Courts
lot for a term of six years. They must be citizens of
the U.S., members of the Oregon State Bar, residents A justice court is held by a justice of the peace within
of Oregon at least three years and residents of their the district for which he is elected, except in those cit-
judicial district at least one year (except Multnomah ies where district courts have been established. The
County judges, who may reside within 10 miles of county commissions have power to establish justice
the county). There are 84 circuit judges serving the 36 court district boundaries. The justice of the peace is
Oregon counties, which are grouped in 19 geographic a remnant of territorial days when each precinct of
C-2
the state was entitled to a justice court. Justice courts the Portland Baseball Club, the City of Portland and
presently exist in 38 communities. others (et al). Although the official citation is as
shown in italics, it has been cited in subsequent cases
The justice court has civil jurisdiction, nonexclu-
and authorities as, Baseball Club v. Portland, Portland
sive where the amount claimed does not exceed
Baseball Club v. City of Portland, Portland Baseball Club
$1,000, except in actions involving title to real
v. Portland et al, Portland Baseball Club v. City of Portland
property, false imprisonment, libel, slander, mali-
et al, and Portland Baseball Club. The latter is acceptable
cious prosecution, criminal conversation, seduc-
in discussions where the case has been already cited
tion or upon a promise to marry. Justice courts
and the reader is aware of the case being referenced
have small claims departments where actions for
by the shorter, abbreviated citation.
recovery of money or damages do not exceed $500
may be prosecuted. The danger of using the abbreviated citation is that
Justice courts have criminal jurisdiction in all mis- there may be other cases with the same name. Cabell
demeanors (crimes punishable by imprisonment et al v. Cottage Grove et al provides a good example.
of no more than one year), but the defendant may Cabell was once the commissioner of the Oregon
elect to have his or her case transferred to district Highway Department. Consequently, in more than
court or, if there is no district court, to the circuit one case his name appeared as either the plaintiff
court in the county of his or her arrest. The justice or the defendant in cases involving the Highway
courts also have jurisdiction over traffic and other Department.
violations.
B. Oregon Supreme Court
Notes The Oregon Supreme Court cases are published in
The Oregon Reports (reports of cases decided in the
Supreme Court of the State of Oregon) and Court
A. Court citations of Appeal cases are published in the Oregon Reports,
Court of Appeals. A digest of the cases are also pub-
The court citations in this volume, and in most legal
lished in the Pacific Reporter, abbreviated P. in the
authorities, are to cases before the Supreme Court or
citation. Pacific is one of the seven regions, which
Court of Appeals of this and other states, the United
also include the following regions: Southern, South-
States Supreme Court, and occasionally English cas-
western, Atlantic, Southeastern, Northeastern and
es. Circuit court cases are mentioned, but not cited as
Northwestern. Another publication containing U.S.
authority. A typical Oregon Supreme Court case will
Supreme Court case law is the Federal Reporter. The
be cited, for example, as:
following is a key to the abbreviations cited.
Bernards et ux v. Link and Haynes, 199 Or. 579, 248
P., P.2d Pacific Reporter
P~2d 341.
So., So.2d Southern Reporter
Bernards et ux in this case are the plaintiffs who S.W.2d Southwestern Reporter
are appealing the decision of the circuit court of Yam- A., A.2d Atlantic Reporter
hill County. The plaintiffs are Theodore M. Bernards S.E., S.E.2d Southeastern Reporter
and another. N.E., N.E.2d Northeastern Reporter
Link and Haynes, in this case, are the defendants N.W., N.W.2d Northwestern Reporter
E.J. Link and another, a co-partnership doing F.2d Federal Reporter
business under the firm name and style of L.H.L. There are many other reporter publications, such
Lumber Company. as the Federal Supplement (F.2d), Federal Rules Deci-
The citation 199 Or. 579 simply means the case is filed sions (F.R.D.), and the like, few of which are cited
in Volume 199 of the Oregon Reports, page 579 (the in this publication. For details, explanation and ab-
first page of the report). breviations, a recommended reference is A Uniform
System of Citation, published and distributed by The
The accompanying citation, 248 P.2d 341, means a Harvard Law Review Association, Gannett House,
digest of this case is published in Volume 248 of the Cambridge, Mass. 02138.
Pacific Reporter, second series (the 2d), beginning on
page 341. C. Citations: Supreme Courts
Although the court report will show how the case is of Other States
to be cited, it will often be cited with slight variations.
The case of Portland Baseball Club v. Portland, 142 Or. The abbreviations for the court reports of other states
13, 18 P.2d 811, is a good example. This case involved are the same as, or similar to the uniform system of
C-3
abbreviation for states, and are easily identified, such contained in seven volumes, 1 through 6A. A typical
as: 156 Ind. 478, Volume 156, Indiana Reports of Cases reference to a statutory law is:
Before the Supreme Court, page 478.
ORS 92.014(2)
D. Citations: Oregon Court of Appeals This refers to Oregon Revised Statute, chapter 92,
section .014, subsection 2. However, 92.014 would
Example: usually be referred to as the section number.
City of Salem v. Merritt Truax
70 Or. App. 138 The text of every statute section, in the official pub-
In this case the city is the respondent and Merritt lication of the statutes by the Legislative Counsel
Truax (et al) are the appellants. The case is published Committee of the Legislative Assembly, was copied
in Volume 70 of the Oregon Reports, Court of Appeals, verbatim from an enrolled act, with exception of
beginning at page 138. changes in form permitted by ORS 173.160 and other
changes authorized by law.
E. Citations: Federal Cases
H. Periodicals
U.S. Supreme Court cases are cited as U.S., such as:
Over 400 periodicals contain discussions on legal
Craig v. Boren
questions, case law, statutory law, legal ethics, subject
429 U.S. 1909
law, etc. Many of these are published by law schools
The Supreme Court Reporter is abbreviated S. Ct. and such as the University of Oregon School of Law. Four
the United States Law Week, U.S.L.W. The most com- times a year the U. of O. publishes the Oregon Law
mon citation included with the Supreme Court Re- Review, cited as Or. L. Rev. An important treatise
port citation will be the Federal Reporter, abbreviated cited here, by Sheldon W. Parks, The Law of Dedica-
F. or F.2d. tion in Oregon, was cited as:
20 Or. L. Rev. 111
F. Law publications
This refers to Volume 20, Oregon Law Review, begin-
Several authorities cited here are excellent sources ning on page 111. Other law reviews cited were:
for research and references, such as George W.
Thompsons Commentaries on the Law of Real Proper- Willamette Law Journal (Willamette L.J.)
ties, published by the Bobbs-Merrill Co., New York, Pacific Law Journal (Pac. L.J.)
N.Y. For example: Lawyers Reports Annotated (L.R.A.)
Harvard Law Review (Harv. L. Rev.)
2 Thompson 391, subsec 359
American Law Reports Annotated (A.L.R.)
is a citation of Volume 2, Thompson On Real Property,
Note: Blacks Law Dictionary, rev. 4th ed., pp. 1797-1882
page 391, subsection 359. The information is regard-
lists most of the abbreviations you will encounter in
ing a principle of law, cited in Oregon cases:
legal textbooks, journals, law reviews, and the like.
So if one conveys lots by a map or plat, which rep-
Blacks Law Dictionary (Blacks).
resents the lots as bounded upon a road or way, and
the map or plat is referred to in the deed, the right of Brown, Curtis M. Boundary Control and Legal Principles
way over it passes as part of the grant of each lot as (Brown). John Wiley & Sons, New York, N.Y. (Note:
an easement appurtenant thereto. Carter v. Portland, Brown cited elsewhere, could be a reference to
4 Or. 339; Nicholas v. Title & Trust Co., 79 Or. 226, 154 Brown On Personal Property, published by Callaghan
P. 391, Ann. Cas. 1917A, 1149; Menstell v. Johnson, 125 & Company.)
Or. 150, 262 P. 853, 266 P. 891, 57 A.L.R. 311.
Burby, William E. Real Property, (Burby). An excellent
Other cited law publications are: treatise on the history of real property law, beginning
American Jurisprudence, (Am. Jut.) with the feudal system, explanation of rights in land,
American Law Reports (A.L.R.), for example: possessory estates, titles, future interests and re-
20 A.L.R. 315 straints pertaining to alienation. West Publishing Co.
American Law Review (Am. Law Rev.) Clark, Frank Emerson, A Treatise on the Law of Survey-
ing and Boundaries (Clark). Bobbe-Merrill Co., India-
G. Oregon Revised Statutes napolis.
These are abbreviated ORS. The statutes are the Corpus Juris Secundum (C.J.S.), a restatement of law as
state laws of a general, public and permanent nature, known from 1658 to today. West Publishing Co.
C-4
Elliotts Roads & Streets, (Elliott), by Byron K. and Wil- The Oregon Revised Statutes quoted here are as codi-
liam F. Elliott, Bowen-Merrill, publishers. fied and published as in effect on Sept. 27, 1987. Be-
Law of Real Property (Moynihan), by Cornelius J. cause this material was formally published after the
Moynihan, West Publishing Co. (1962). 1987 Legislative Assembly, reference should be made
to the official statutes for precise, up-to-date word-
Oregon Law Review (Or. L. Rev.), U. of 0. School of ing, as published by the Legislative Committee of the
Law, Eugene, Or. Oregon Legislative Assembly.
Skelton, The Legal Elements of Boundaries and Adjacent The user of this glossary must be aware that legal
Properties (Skelton), by Ray Hamilton Skelton, Bobbe- terms seldom have exact meanings. The term right
Merrill Co., publishers. of way is an excellent example. Blacks Law Diction-
Survey of the Law of Real Property (Boyer), by Ralph E. ary, supra, defines right of way as:
Boyer, West Publishing Co.
The right of passage over anothers ground, and
Words and Phrases (W & P), West Publishing Co. A its general accelerated meaning is that it denotes an
complete series of volumes on all judicial construc- easement. It would be using the term in an unusual
tions and definitions of words and phrases by the sense by applying it to an absolute purchase of the lee
state and federal courts from the earliest of times. simple in lands.
The user of this glossary must be aware that legal Yet, in Highway Comm. v. Pac. Shore Land Co., 201
terms seldom have exact meanings. The term right Or. 142, the Oregon Supreme Court decision called
of way is an excellent example. Blacks Law Diction- attention to the importance of defining such a term
ary, supra, defines right of way as: in context with the law or principle where it is used.
The right of passage over anothers ground, and its gen- The court explained that the term right of way, in
eral accepted meaning is that it denotes an easement. It the statute granting the State Highway Commission
would be using the term in an unusual sense by applying the power to acquire land for rights of way, had its
it to an absolute purchase of the fee simple in lands. usual and ordinary meaning, and the power granted
Yet, in Highway Comm. v. Pac. Shore Land Co., 201 is simply the power to acquire property deemed necessary
Or. 142, the Oregon Supreme Court decision called for the construction of a highway for use of vehicular and
attention to the importance of defining such a term other travel. But the court noted the importance of
in context with the law or principle where it is used. other statutory provisions which must be considered
The court explained that the term right of way, in to arrive at an accurate definition of right of way as
the statute granting the State Highway Commission used in the Highway Code, i.e.: but the legislature
the power to acquire land for rights of way, had its has authorized the Department of Transportation
usual and ordinary meaning, and the power granted to acquire fee title when acquiring land for right of
is simply the power to acquire property deemed necessary way purposes, so the term right of way includes land
for the construction of a highway for use of vehicular and acquired in fee (as well as land where only an ease-
other travel. But the court noted the importance of ment has been acquired). And in certain other cases,
other statutory provisions which must be considered it has been held that the term right of way merely
to arrive at an accurate definition of right of way as denotes the contemplated use of the land, rather than
used in the Highway Code, i.e.: but the legislature words of limitation.
has authorized the Department of Transportation
to acquire fee title when acquiring land for right of The Oregon Revised Statutes quoted here are as codi-
way purposes, so the term right of way includes land fied and published as in effect on Sept. 27, 1987. Be-
acquired in fee (as well as land where only an ease- cause this material was formally published after the
ment has been acquired). And in certain other cases, 1987 Legislative Assembly, reference should be made
it has been held that the term right of way merely to the official statutes for precise, up-to-date word-
denotes the contemplated use of the land, rather than ing, as published by the Legislative Committee of the
words of limitation. Oregon Legislative Assembly.
C-5
C-6
ORS References
Abbott v. Mills, 3 Vt. 526. Bayard v. Standard Oil Company, 38 Or. 438
AIabama v. Georgia, 64 U.S. 505 (1859). Beardslee v. French, 7 Conn. 125
Allen v. Hendrick, 104 Or. 202, 212 Benedicts Abbey v. Marion County, 50 Or. 411, 93 P.
231
Ames v. Union County, 17 Or. 600, 605, 22 P.118.
Bernard v. Willamette Box & Lbr. Co., (1913) 64 Or.
Anderson v. McCormick, (1889) 18 Or 301, 22 p1062;
223, 129 P. 1039.
Andrus v. Knott, 1855 12 Or 501, 8 p763,
Bernard v. Willamette Box & Lbr. Co., (1913) 64 Or.
Argo Investment v. Dept. of Transportation, 66 Or. 223, 129 P. 1039.
App. 430 (1984), exception made in case of limited
access highway Bernards et ux v. Link and Hayes, 199 Or. 579, 248, P.
2d 341 (1952)
Arrien v. Levanger, 263 Or. 363, 369, 502 P.2d 573
(1972). Bigelow v. Hoover, 85 IOWA 161, 52 N.W. 124, 39 Am.
St. 296.
Arthur Johnson v. Dept. of Revenue, (1981) Oregon
Tax Court opinion no. 1334, p5, 6, 7. Bigler v. Nunan, (1912) 186 Fed 665, 118 CCA 23, 199
Fed 549.
Asken v. Wynn, 22 N.C. (7 Jones)
Biogen v. Smith, 34 Or. 394, 56 P. 292, 44 L.R.A. 522;
Astoria Exchange Co. v. Shively, (1895) 27 Or 104, 39
P398, 40 p92 Boese v. City of Salem, 40 Or. App. 381
Atkinson v. State Tax Commission, 303 U.S. 20 (1938), Boque v. Bennett; 156 Ind. 478
affirming 156 Or. 461 (1937). Borax Consolidated, Ltd. Et al v. Los Angeles, U.S. 10
Attorney General v. Bay Boom Wild Rice & Fur Farm, 80 L ed 9 56 Sup. Ct. 23.
172 Wis. 178 N.W. 569 (1920). Bowlby v. Shively, 22 Or. 410, 30 P. 154 (1892);
Attorney General v. Chambers, 4 De G.M. & G. 206 Boyer v. Abston, 274 Or. 161,163, 544 P.2d 1031 (1976)
(43 Eng. Rep. 486, Ch 1854).
Brace v. N.Y. Cent. R. Co., 27 N.Y. 260
Augusta v. Perkins, Idaho 207; Newport (R.I.) v. Tay-
lor, 16 Ky. (B. Mon.) 699; Brand v. Multnomah Co., 38 Or. 79, 104, 50 L.R.A. 389,
60 P. 390, 62 P. 209
Baines v. Marshfield & Sub. R. Co., 62 Or. 510.
Bridal Veil Lumbering Co, v Johnson 30 Or. 205, 46
Baltzeger v. Carolina Midland R. Co., 54 S.C. 242; Wil- P. 790.
cox v. Hines, 100 Tenn. 538.
Buck v. Squiers, 22 Vt. 484; cited in Cross v. Talbot,
Barclay v. Howell, 498 U.S. (6 Pet.) (dealing with a supra.
plat in Pittsburgh, Pa.), cit.: Parrish v. Stephens, su-
pra, 62. Buel v. Mathes, 186 Or. 160, 197 P. 2d 687, 205 P. 2d
551
Barclay v. Howells Lessees, 206, 207 U.S. (6 Pet.);
Burns u. Witter, (1910) 56 Or 368 108 p129;
Barney v. Keokuk, 94 U.S. 324, 340. See: ORS 221.916,
(Powers of City Council) Cabell et al v. Cottage Grove et al, 170 Or. 256, 284,
130 P.2d 1013
Barrier v. Troutman, 55 S.E.2d 923
Camas Stage Co.v. Kozer, 209 P. 95
Barringer v. Davis, 141 Iowa 419, 120 N.W. 65: A gov-
ernment survey, even though incorrect, is conclusive Campau v. Detroit, 104 Mich. 506, 562, 62 N.W. 718;
where there is a controversy between persons assert- San Leandro v. LeBreton, 72 Cal. 170, 177, 13 P. 405;
ing conflicting claims under grants or parents based
Carter v. City of Portland, 4 Or. 339; Moore v. Fowler,
on such survey.
58 Or.
Bartlett v. Beardmore, 77 Wis. 356, 46 N.W. 494
Carter v. City of Portland, 4 Or. 339; Moore v. Fowler,
Barton v. Portland, (1914) 74 Or 75, 144 p1146, 58 Or.
C-7
Chapman & Dewey Lbr. Co. v. St. Francis Levee Dis- Coleman v. Flint & P.M.R. R. Co., 64 Mich. 160
trict, 232 US. 186.
Collins v. Phoenix, 269 F. 157. Atty. Gen. Op., 1966-
Chapman v. Dean, 58 Or. 475, 115 P. 154 1968, 327.
Chase v. Oregon City, 72 Or.; Elliotts Roads and Colombo v. Hewitt, 221 Or., 350 P. 2d 893.
Streets, 4th ed., vol. 1, subsec 130; 18 C.J. 109.
Columbia River Fishermans Protective Union v. City
Christenson v. Pac. Coast Borax Co., 26 Or. 302, 305, of St. Helens, 160 Ore. 654, 87 P.2d 195 1939).
38 P. 127.
Commissioners v. Wiley, (1881) 10 Or 86; and Hayden
Christian v. Eugene, 49 Or. 170, 174, 89 P. 419. v. Brown, (1898) 33 Or 221, 53 p490,
Church v. City of Portland 18 Or. 75 (1889). Commonwealth v. Rush, 14 Pa.
Church v. City of Portland 18 Or. 75 (1889). Commonwealth v. Stodder, 2 Mass. (Cush.) 562; Ci-
Cincinnati v. Whites Lessees, 431 U.S. (6 Pet.) cero Lbr. Co. v. Cicero, 176 Ill. 9.
Cincinnati, etc. R.R..Co. v. Village of Carthage, 36 Conner v. New Albany, 1 Ind. (Blackf.) 88, 89; S.C. 12
Ohio St. 631. Am. Dec. 207
Citing State v. Muncie Pulp Co., 119 Tenn. 47 104 S.W. Corvallis & Eastern R. Co. v. Benson; (1912) 61 Or 359
437. 121
City of Ashland v. Hardesty, supra. See: right of mu- Corvallis Sand and Gravel Co. v. State Land Board
nicipality to acquire right of municipality to acquire 244 Or. 184, 439 P.2d 515 (1967).
easement in private property by adverse possession; Cross v. Talbot, 121 Or. 270 254, P. 827 (cited in Fossi v.
25 Am. Jur. 2d, Easements and Licenses, subsec 40; 18 Myers, 271 Or. 611).
A.L.R. 3d 678; C.J.S., Easements, sub-sec
Croucher v. Wooster, 271 Mich. 337, 260 N.W. 739;
City of Burlingame v. Norberg, 210 Cal. 105, 290 P. commented upon in 14 Mich. St. B.J. 421.
587
Crusen v. Lebanon, 64 Or. 593,131 P. 316
City of Clatskanie v. McDonald, 85 Or. 670, 167 P. 560
Cruson v. City of Lebanon, 64 Or. 593, 131 P. 316
City of Des Moines v. Hall, 24 Iowa 234
Cummins v. Jones, 79 Or. 276, 155 P. 171
City of Des Moines v. Hall, 24 Iowa 234
Curtis v. La Grande Water Co., 20 Or. 34, 23 P. 808. 10
City of Maywood Rak v. State Hwy. Comm., 2 Or. L.R.A. 484.
App. 568, 468 P. 2d 905, Sup. Ct. review denied.
Curtis v. Upton, 175 Cal. 322; Barnhart v. Erhart, 33.
City of Molalla v. Coover et ux, 192 Or. 233, 235 P.2d Oreg. 274, 54 Pac. 195.
142
Dabney v. City of Portland, 124 Or. 54, 263 P. 386
City of Newberg v. Kienle, 60 Or. 486, 489, 120 P. 3.
Darling v. Christensen, (1941) 166 Or 17, 109 P2d 585.
City of Pella v. Scholte, 24 Iowa 288, 95 Am. Dec. 729 Distinguished in McCarthy v. Coos Head Timber Co.,
City of Peoria v. Johnston, 56 Ill. 45. (1956) 208 Or 371, 302 P2d 238.
City of Portland v. Kamm. (1930) 132 Or. 317, 285 P. Davis v. City of Clinton, 58 Iowa 389, 10 N.W. 768;
236. See: 46 O.L.R. 125-158, 482. Marchland v. Town of Maple Grove, 48 Minn. 271, 51
N.W. 606
City of Roseburg v. Abraham, 8 Or. 509
Debolt v. Carter, 31 Ind. 355
City of Salem v. Merritt Truax, 70 Or. App. 138
DeCastello v. Cedar Rapids, 153 N. W. 353.
Clark v. Commonwealth, 14 Ky. (Bush) 169
Dent v. Oregon City, 106 Or. 122, 133, 211 P. 909
Clarlin v. Chicago, 262 Ill. 564; 2 Thompson on Real
Property, supra, subsec 384 pp. 549, 551 Department of Justice Opinion 150-25-303-00849, 79-
22 (3-19-79).
Clatsop Co. v. Taylor, (1941) 167 Or 563,119 P2d 285.
Dept. of Justice Opinion 7729, 3-9-1979.
Cleary v. Trinble, 229 Cal. App. 2d 1,6.
Dept. of Justice Opinion, Oregon, 150-01-813-72;
Colclough v. Milwaukee, 92 Wis. 182, 65 N.W. 1039
Surveys made by the authority of the United States
Cole v. Seaside, 80 Or. 73 or the State of Oregon may be considered as evidence
C-8
in any court in this State, and unlike private surveys, Frederick v. Douglas County, (1945) 176 Or 54, 155
need not be arrested. ORS 41.540. P2d 925.
Detroit v. Detroit & Milwaukie R.R. Co., 23 Mich. French-Glenn Livestock Co. v. Springer, 185 U.S. 47
173.
Freytag v. Vitas, (1958) 213 Or. 462, 336 P. (2d) 110.
Dickey v. Davis, 76 W.Va. 576, 85 S.E. 781, (1915)
Frick v. City of Gary, Ind., 135 N.E. 346
L.R.A., 840
Galewski v. Noe, 266 Wis. 7, 62 N. W. 2d 703 (1954)
Douglas County Road Co. v. Abraham, 5 Or. 318
Gasperd vs. LeBaron, 237 P2d 278, 281 (1951)
Douglas County Road Co. v. Abraham, 5 Or. 318; to
the same effect is: Geer v. Chapin, 163 El. App. 654, 659, 660
Douglas County Road Co. v. Canyonville and Gales- George v. Cox, 114 Mass. 382, 387; Spaulding v. Ab-
ville Road Co., 8 Or. bott, 55 N.H. 423
1146, 102. Gietl v. Smith, 320 Ill. 467; Easton v. Koch, 152 Pa.;
etc.
Dovaston v. Payne, 2 Smiths Ldg. ch. 224, 225; Row-
ans Exrs. v. Portland, 8 Ky. (B. Mon.) 232, 237; Gillean v. City of Frost, 25 Tex. Civ. App. 371,377, 61
S.W. 345
Dover v. Fox, 9 Ky. (B. Mon.) 200;
Gilliam v. Cielona, 145 P. 1061, 74 Or. 462.
Downer v. St. Paul, etc. R.R. Co. 23 Minn. 271; Dill on
Municipal Corporations, subsec 491 Glatts v. Henson, 31 Cal.2d 368, 371-372, 188 P.2d 745
Dubuque v. Maloney, 9 Iowa 455; Godfrey v. Alton, Goff v. Avent, 122 Miss. 86, 84 So. 134: If a deed de-
12 Ill. 35; scription is by rectangular survey section numbers,
the land conveyed is such as it physically exists on
Durbin v. Roanoke Bldg. Co. 107 Va. 753, 60 S. E. 86
the ground, the original government corners and
Eadie v. Chambers, (1909) 99 CCA 561, 172 Fed 73, 76, lines being such sections true and only boundari
18 Ann Cas 1096, 24 LRA (NS) 879.
Goodenough v. Warren, (1879) 5 Sawy 494, 498 Fed
Earl v. Dutour case No. 5, 534;
East Birmingham Realty Co., v. Birmingham Machine Goodman v. Myrick, 5 Ore. 65; Van Dusen v. Shively,
& Foundary Co., 160 Ala. 461, etc. 22 Ore. 64, 29 Pac. 76: Where there is a discrepancy
in a government survey, between the monument and
Enterprises v. Heare, 37 Or App 879, 588 P2d 671
the distances given in the field notes (or on the plat),
(1978).
the monuments will control
Fahey v. City of bend, 252 Or. 267, 449 P. 2d 438, See
Grady v. Dundon, 30 Or. 333, 47 P. 915. But see: City of
23 Am. Jur.
Molalla v. Coover et ux, 192 Or. 233, 235 P.2d 142.
Feagins v. Wallowa Co., 62 Or. 186 123, P. 902
Grammer v. Sacramento, 2 Cal. 2d 432, 41 P. 2d 543,
Fegtly, Historical Development of Land Surveys, 38 and in other juris.
111. L. Rev. 220: Lines established by official surveys
Green v. Kunkel, Civ. App. 183 S. W. 2d 585
control over those made by private parties.
Greene v. City of Antonio, Tex. Civ. App., 178 S.W. 6
Firmstone v. Spaeter, 150 Pa. 616.
Greer v. Squire, 9. Wash. 359, 37 Pac. 545: Corners
Fisher v. Zumwalt, 128 Cal. 493, 61 P. 82
shown to have been originally set by U.S. surveyors
Fitzstephens v. Watson, 218 Ore., 185, 202, 344 p2d are conclusive and must be accepted as the true cor-
221 (1959). ners, no matter how inaccurately they may have been
originally established.
Fleischner v. Citizens Investment Co., 25 Or. 119, 35
P. 174. Gregory v. Knight, 50 Mich. 61, 64, 14 N.W. 47.
Flint & P.M. Ry. Co. v. Gordon, 41 Mich. 420, 2 N.W. Gubser v. Town, (1954) 202 Or 55, 273 P2d 430,
648
Gubser v. Vitas, (1954) supra; Payne v. Hall, (1921) 185
Fossi v. Meyers, (1975) 271 Or 611, 533 P2d 337. N.W. 912, 192 Ia. 780.
Fowler v. Gehrke, (1941) 166 Or 239, 111 P2d 831 Guild v. Wallis, (1929) 130 Or 148, 279 P546;
C-9
Guilliams v. Baker Lake Club, 90 Or 13, 175 Pac. 437, Hickey v. Daniel, (1921) 99 Or 525, 195 p812;
28 Arizona L. Review 267
Hicklin v. McClear, 18 Or. 126, 137, 22 P. 1057
Guthrie v. Haun, (1938) 159 Or 50, 76 P2d 292.
Himmelmann v. Saterlee, 50 Cal. 69; Reed v. Erie, 79
Haase v. Kingston Co-op. Creamery Association, Pa. 352
(1932) 212 Wis 585, 250 N.W. 444.
Hinman v. Warren, (1877) 6 Or 408, 411
Hall v. Fairchild-Gilmore Wilton Co., 66 Cal. App.
615. Hislop v. County of Lincoln, 249, Or. 259, 437 P. 2d
847.
Hall v. Tanner, 4 Pa. 244, 45 Am. Dec. 686, it was It
has ever been held that the marks on the ground con- Hoban v. Bucklin, 88 N.H. 73, 80, 184 A. 362, 186 A. 8
stitute the survey. The courses and distances are only Hogg v. Davis, (1892) 22 Or 428
evidence of the survey.
Hogue v. Albina, 20 Or. 182, 25 P. 386, 10 L.R.A. 673
Hamilton v. State, 106 Ind. 361, 7 N.W. 9
Hogue v. City of Albina, 20 Or. 182, 25 P. 386, 10
Hamlin v. City of Norwich, 40 Conn. 25 L.R.A. 673;
Hammer v. Polk County, 15 Or. 578, 580, 16 P. 420. Hogue v. City of Albina, 20 Or. 182, 25 P. 386, 10
Hanes v. Land Co., 129 N.C. 311, 40 S.E. 114. L.R.A. 673;
Hanlin v. Chicago & Al. W Ry. Co., 61 Wis. 515, 526, Hohnbaum v. City of Woodburn, 29 Or. App. 283, 563,
21 N.W. 623. P. 2d 173 (1977)
Hannibal v. Draper, 15 Mo. 634; Holt v. Sargent, 15 Gray 97
Hanns v. Friedly, 181 Or 631, P2d 855. Holton v. Northwestern Oil Co., 201 N.C. 744. See:
ORS Chapter 368, Road Hazards. See: ORS Chapter
Hanson v. Thornton, 91 Ore. 585, 591, 179 P 494
221 for acts authorized by the legislature.
(1919).
Home Real Estate Loan & Ins. Co. v. Parmele, (1938)
Hardin v. Jordan, 140 US. 371
214 N.C. 63, 197 S.E. 714, 717.
Hardin Y. Shedd, 190 U.S. 508, 519
Hubbard v. Dusy, 80 Cal. 281, 22 Pac. 214: Where it
Harniss v. Bulpitt, 1 Cal. App. 140, 81 P. 1022 is doubtful which of two lines or monuments is the
true government line, that one is to be so considered
Harris v. St. Helens, 72 Or. 386 (1914); cit. Blacks Law
Dictionary, 2d ed., pp. 340, 341, supra. which more nearly conforms to the U.S. field notes
(or plat).
Hart v. City of Independence, 84 Or. 194, 164 P. 719
Huber v. Gazley, 18 Ohio 18;
Hay v. Stephens, 262 Or. 193 497 P.2d 362 (May,
1972). Huddleston v. Eugene, (1899) 34 Or 343, 55 p868, 43
LRA 444
Heiple v. City of East Portland, 13 Or. 103
Huddleston v. Eugene, 34 Or. Or. 343, 55 P. 868 (1899)
Henderson v. Frio County, Tex. Civ. App., 362 S.W.2d
406, 408: Instruction properly defined dedicated as Huggett et ux v. Moran et ux, 201 Or. (1954) 201 Or.
public road to mean road devoted or appropriated 105, 117
to public use as a public road by owner, by some un- Huggett et ux v. Moran et ux, 201 Or. 105,266 P.2d 692
equivocal acts or conduct manifested an intent (1954).
Hendrickson v. City of Astoria, 127 Or. Hughes v. Bingham, 135 N. Y.
Hendrickson v. City of Astoria, 127 Or. 1, 270 P. 924; Hughes v. State of Washington, 389 U.S. 290 (1967).
Hennigan v. Mathews, (1916) 79 Or 622, 155 p169; Hume v. Rogue River Packing Co., (1908) 51 Or 237,
Henrie v. Hyer, 92 Utah 530, 70 Pac. (2d) 154: Official 83 p391, 92 p1065, 96 p865, 131 Am St. Rep 732, 31
government surveys are not open to attack between LRA (NS) 396.
private parties in boundary disputes.
Hurd v. Byrnes, 264 Or. 591, 506 P. 2d 1973.
Henry v. Dubuque R. Co., 2 Iowa 288
Indianapolis v. Kingsbury, 101 Ind. 200, 51 Am. Rep.
Heuel v. Wallowa Co., 76 Or. 354, 149 P. 77 749
C-10
Irvin v. Crammond, 58 Ind. App. 540, 108 NE (2d) Latourette v. County Court, 121 Or. 323, 255 P. 330
539.
Lauderback v. Multnomah County, 111 Or. 631, 226
Jaloff v. United Auto Indem. Exch., 120 Or. 381 P. 697;
Jeffries. v. East Omaha Land Company, 134 U.S. 178, 3 Leadville v. Bohn. Min. Co., 37 Colo. 248, 86 P. 1038, 8
L. ed 872, 10 Supreme Court 518. L.R.A.; N.S. 422, 11 Ann. Cas. 443; 18 C. J. p. 112 note
37.
John P. Sharkey Co. v. Portland, 58 Or. 353, 106 P.
331,114 P. 933 (1911); Lee Wilson & Co. v. United States, 245 U.S. 24: First.
Where, in a survey of the public domain a body of
Johnson v. Jeldness, 85 Or. 657, 167 P. 798, L.R.A. water or lake is found to exist and is meandered, the
1918A, 1074 result of such meander is to exclude the area from the
Johnson v. Knott, 13 Or. 308, 315, 316, 10 P. 418 survey and to cause it as thus separated
Jones v. Teller, 65 Or. 328, 332, 133 P. 354 Lehigh Valley R. Co. v. McFarlan, 43 N.J.L. 605 cited
in: 2 Thompson on Real Property, 1961 ed., subsec
Jory v. Palace Dry Goods Co., 1896) 30 Or 196, 46 335, n. 18, pp. 156-157. See: State ex rel McNutt v.
p786. Regarding ORS 308.240, Orcutt, 221 Ind. 523, 199 N.E. 595; Buss v. Dyer, 125
Kane v. Kane, (1930) Or 79, 291 p785. Mass. 287.
Kanne v. Otty, (1894) 25 Or 531, 36 p537; Lewis v. Lewis, (1871) 5 Or 65;
Katz v. Patterson, (1931) 135 Or 449, 296 p.54 Logansport v. Dunn, 8 Ind. 378. And note: regardless
of any charter provision of an Oregon municipality,
Kean v. Calumet Canal Co., 190 U.S. 452, 459 a common law dedication may be effected; See: Mid-
Keane v. Portland, 115 Or. 1, 7,235 P. 677; Lewis, Emi- County Cem. Dist. v. Thomason, 267 Or. 637.
nent Domain, 3d ed., subsec 387 Elliotts Roads and Love v. Morrill, 19 Or. 545, 24 P. 916
Streets, 3d ed., subsec 355; 20 C.J. 881, subsec 310.
Lowell v. Pendleton Auto Co., 123 Or. 383, 402, 261
Killiam v. Multnomah Co., (1931) 137 Or 562, 4 P2d P. 415
323.
Lownsdale v. City of Portland, 1 Or. (1861), discussing
Kimball v. Kenosha, 4 Wis. 321, 336. Daniel Lownsdales, J. L. Parrishs, Stephen Coffins
King v. Ehghan, (1890) 19 Or 560, 23 Or 262, 25 p150, and W. W. Chapmans interest in the Portland claim.
31 p601, 18 LRA 361; This case supplies historical data on the creation of
Portland and territorial land laws.
Kingsley v. Jacobs, (1944) 174 Or 514, 149 P2d 950.
Lownsdale v. Parrish v. The City of Portland,
Kister v. Reeser, 98 Pa. 1, 4, 42 Am. Rep. 608.
Luhrs v. Sturtevant, 10 Or. 170.
Knight v. U.S. Land Assn., 142 U.S. 161.
Luscher v. Reynolds, (1936) 153 Or 625, 56, P2d 1158;
Knight v. United Land Assoc, 142 U.S. 161, 183, 35 L
ed 974, 981, 12 S Ct 258; Macleay Estate Co. v. Curry County, 127 Or. 356, 272
P. 263
Knott v. Jefferson Ferry Co., 9 Or. 530
Macomber v. Nichols, 34 Mich. 212.
Kropitzer v. Portland, 237 Or. 157 (1964).
Madison v. Basart, 59 I.D. 415 (1947).
Kuck v. Wakefield, 58 Or. 549, 555, 115 P. 428.
Magee Heirs v. Slack, 152 Tex. 427, 258, S. W. 2d 797
Kurtz v. Southern Pacific Co., 80 Or. 213, 155 P. 367 (1953).
(1916)
Magic v. Basquin, Ohio Com. Pl., 102 N.E.2d 42, 44:
Kurtz vs. Southern Pacific Co., 80 OR 213, 217; 156 the word dedicate means a grant of an interest
P2d 794 (1916) in land for public use. See: 26, 27 Am. Jut. 2d, Em.
Dom., 56 Am. Jut. 2d;
Lade v. Shepherd.
Mann v. Tacoma Land Co., 153 U.S. 273,284,
Lang v. Portland, 75 Or. 388, 389
Marchland v. Town of Maple Grove, 48 Minn. 271, 51
Langley v. Gallipolis, 2 Ohio
N.W. 606;
Lankin v. Terwilliger, 22 Or. 97, 29 P. 268.
Marks v. Bettendorfs Inc., Mo. App., 377 S. W. 2d
Latourette v. Clackamas County 585
C-11
Martin v. Klamath Co., 39 Or. App 455 (1979), 592 P. Mid-County Cemetery Dist. v. Thomason, 267 Or. 637
2d 1037. CJS Highways. (1974).
Martin v. Waddell, 41 U. S. (16 Pct.) 367, 410-411 Milarkey v. Foster, 6 Or. 378, 25 Am. Rep. 531;
(1842).
Miles v. Cedar Point Club, 175 U.S. 300
Massachusetts v. New York, 271 U.S. 65, 89.
Miller v. Fisher, 90 Or. 111,174 P. 1152 (1918)
Mathis v. Thunderbird Village, Inc., 236 Or. 439, 440
(1964); 389 P.2d 343. Miller v. Roy W. Heinrich & Co., 257 Or. 155, 160 (Dec.
1970), 476 P.2d 183
Maxwell v McCall, 145 Iowa 687
Minto v. Delaney, 7 Ore. 337; Weiss v. Oregon Iron &
Maynel v. Saltmarsh, 1 Keble 647, 83 Eng. Rep. 1278 Steel Co., 13 Ore. 496, 11 Pac. 255.
(1664)
Montgomery v. Shaver,
McAdam et ux v. Smith et al, 221 Or. 48, 350 P. 2d
689 Montgomery v. Somers, 50 Or. 259, 90 section on
Prescription) P. 674.
McAdam v. Smith, 221 Or 48, 350 P2d 689 (1960).
Moore v. Fowler, 58 Or. 292, 297, 114 P. 472
McAdam v. Smith, 221 Or. 48, 350 Pac. (2d) 689
Morris v. City of Salem, et al, 179
McCashum v. Hoselton, (1975) 273 Or 778, 543 P2d
657. Morse v. Whitcomb, 54 Or. 412, 423, 102 P. 788:103 P.
775:135 Am. St. Rep. 832
McConnaughy v. Wiley, (1888) 13 Sawy 148, 33 Fed
449 Morton v. Hood R. Co., 88 Or. 144, 171, P. 584
McCoy v. Thompson, 84 Or. (1917), Portland Ry. L & Muckle v. Good, (1904) 45 Or 230, 77 p743
P. Co. v. Oregon City, 85 Or.
Muhlker v. New York & Harlem R.R. Co., 197 U.S.
McDowell v. Carothers, (1915) 75 Or 126, 146 p8OO; 544, 49 L. Ed. 872, 25 Sup. Ct. Rep. 522.
McGee v. Swearengen, 194 Ark. 735, 109 S. W. 2d 444 Muhlker v. New York & Harlem R.R. Co., 197 U.S.
544, 49 L. Ed. 872, 25 Sup. Ct. Rep. 522.
McGowan v. City of Burns, 172 Or. 63, 74, 137 P.2d
994, 139 P.2d 785 Mumford v. Wardell, (U.S.) 6 Wall 423, 436, 18 L ed
756, 761;
McKay v. Sause, As long as the upland owner does
not encroach on the rights of the state or of any other Mutual lrr. Co. v. Baker City, 58 Or. 306, 321, 110 P.
parties he may make artificial changes in his bank, 392, 113 P. 9;
which will not destroy his title or affect his bound-
ary. Muzzy v. Wilson, 259 Or. (1971)
McLoughlin v. Stevens, 18 Ohio 94. Navajo Co. v. Apache Co., 26 Ariz. 74, 721 Pac. 837: If
all the corners marked in the surveys, returned by the
McQuaid v. Portland & V. Ry., (1889) IS Or 237, 22 surveyor general, are established as proper corners of
p899; sections, or subdivisions of sections, which they were
McQuillan, Municipal Corp., 3d ed., op. cit. 636 sub- intended to designate, the corners
sec 33.04. Neal v. Delaware, 103 U.S. 370
McRose v. Bottyer, 81 Cal. 122, 22 P. 393. Neil v. Independent Realty case,
Meier v. Portland Cable Ry. Co. 16 Or. 500, 19 P. 610, Neil v. Independent Realty Co., supra (cited in Or-
1 L.R.A. 856 egon cases.)
Meier v. Portland Cable Ry. Co. 16 Or. 500, 19 P. 610, New Orleans v. U.S., U.S. (10 Pet.).
1 L.R.A. 856
Nicholas v. Title & Trust Co., 79 Or. 226, 244, Ann.
Menstell et ux v. Johnson, et ux 125 Or. 162 Cas. 1917A, 1149, 154 P. 226, 244, Ann. Cas. 1917A,
Merchant v. Town of Marshfield, (1899) 35 Or. 55, 61 1149, 154 P.
56 P. 1013.
Nickson v. Garry, 51 N.M. 100, 179 P. 2d 524
Micelli v. Andrus, 61 Or 78, 120 P. 737 (1919);
Nodine v. Union, 42 Or. 613, 616; Elliotts Roads and
Michelli v. Andrus, (1912) 61 Or 78, 120 p737; Streets, 3d ed.; See: Muzzy v. Wilson, 259 Or. 518.
C-12
Nordale v. Waxberg, 84 Fed. Supp. 1004; State v. Pittsburgh & W.E. Pass. Ry. v. Point Bridge Co., 165
Brace, 76 N. Dak. 314, 36 N.W. (2d) 330. Pa. 37, 30 A. 511, 26 L.R.A. 323
Northwestern Auto Co. v. Hurlburt, 207 P. 161 Point Pleasant Manor Building Company v. Brown,
Nosier v. Coos Bay R.R. Co., 39 Or. 331, 334, 64 P. 644 Polar v. Hagen (1845) 3 How. (44 U.S.)(212, 228).
OHara v. Brace, (1971) 258 Or 416, 482 P2d 726. Poleske v. Jones, 192 Iowa 1015, 185 N.W. 917: Centers
of sections cannot be ascertained by running a line,
OGorman v. Baker, (1959) 219 Or 170,347 P2d 85, (on a cardinal) directly south from the 14 section
338.P2d 638. corner on the north line, and marking off 160 rods on
Oklahoma v. Texas, 261 U.S. 345. such line. The lines must be run from 14
Olcott v. Hawk, 105 Or. 319, P. 709. Pollards Lessee v. Hagan, (U.S.) 3 212, 228, 229, 11 L
ed 565, 573, 574;
Oliver v. Newberg, 50 Or.
Port of Portland v. Reeder, 203 Or. 369, 280 P.2d 324
Oliver v. Synhorst, 58 Or. 582, 585, 109 P. 762, 115 P. (1955).
594
Portland Baseball Club v. Portland, 142 Or. 13, 18 P.2d
Oregon City v. Oregon and California Railway Com- 811 (1933)
pany Portland Ry., L. & P. Co. v. Oregon City, 85 Or. 583;
Oregon v. Portland Gen. Elec. Co., 52 Or. 502, 95 P. cit.: Elliotts Roads and Streets, 3d ed. subsec 137.
722, 98 P. 160 Portland v. Miller, 72 Or. 317, 143 P. 1006
Pa/en v. Ocean City, 64 N.J. Laws, 46 A. 774. Portland v. Whittle, 3 Or. 126, 129.
Pacific Elevator Co. v. Portland, (1913) 65 Or 349, 133 Postal Telegraph Co. v. State Highway Commission,
P72, 46 LRA (NS) 363. 276 F. 958, 961.
Palen v. Ocean City, 64 N.J. Laws, 46 A. 774. Powers v. Coos Bay Lbr., Co., 329, 263, P. 2d 913
(1953)
Palmateer v. Reid, (1927) 121 Or 179, 254 p359;
Pratt v. Atlantic and St. Lawrence Railroad Co., 42
Palmer Lumber Co.v. Wallowa Co. 60 Or. 342, 118 P.
Me. 579,585
1013
Price v. Inhabitants of Plainsfield, 40 N. J. Laws 608
Parker v. Taylor (1879) 7 Or 436, 446; Shively v.
Bowlby. Price v. Thompson, 48 Ky. (B. Mon.) 363
Parrish v. Stephens, I Or. 59, 73 (Dec. 1653). The bill Quimby v. Vermont Central R. Co., 23 Vt. 387
was filed in 1850, and an injunction was allowed. A R.L.C. (1939) Subsection 1022. Single and double
compromise followed, but failed. The cause came to proportionate measurement, post, subsection 384,
be heard in the Washington, D.C., District Court, and 385. A proportionate measurement is one that gives
under a late statute was adjourned to this concordant relation between all parts of the line . . .
and new distances are to be of the same relation
Parrott v. Stewart, 65 Or. 254, 132 P. 523
Raab v. Casper, 51 Cal. App. 3d 866, 876, 124 Cal. Rep.
Paskey v. Bradley, 209 Ark. 93, cit. in 23 Am. J. Juris.,
590, 596 (1975), cited in Shumate v. Robinson, supra.
2d ed., Dedication
Railroad Company v. Schurmeir, 7 Wall. 272 (19 L.
Paul v. Carver, Carver, 26 Pa. 223, 67 Am. Dec. 413 ed. 74)
Peery v. Fletcher, Ramstad v. Cart, 154 N.W. 195, 203; Words and
People v. Astle, 337, Ill. 253, 256,169 N.E. 185 Phrases
People v. Kerber (1908) 152 Cal. 731, 93 Rasmussen v. Walker Whse. Co., (1913) 68 Or 316, 136
p661.
Peters v. Robertson, 73 Or. 263, 266, 144 P. 568.
Rayburn v. Winant, (1888) 16 Or 318, 18 P2d 855.
Pewaukee v. Savoy, 103 Wis. 271, 79 N.W. 436 1899).
Raymond v. Coffer, (1873) 5 Or 132;
Pillsbury v. Brown, 82 Me. 450, 19 A. 858, 9 L.R.A. 94,
Reed v. Erie, 79 Pa. 352
see: note, Right of Public to Use Entire Width of
Highway, Republics v. Arnold, 3 Yeates 422
C-13
Rex v. Cross, 3 Camp. (Eng.) 224 (1812) was cited to Silverton v. Brown, 63 Or. 418, 424, 12 P. 45
supply a historical basis for the doctrine of nuisances
Silverton v. Brown, 63 Or. 418, 424, 12 P. 45
Rex v. Hudson
Simon v. Northup, 27 Or. 487, 501, 40 P. 560, 30 L.R.A.
Richards v. Page Inv. Co., (1924) 112 Or 507, 228 171
P937.
Simplot v. City of Dubu-que, 49 Iowa 630
Rider v. Pottratz, 246 Or. 454, 456 425 P.2d 766 (1967)
Skinner v. Hartford Bridge Co., 29 Conn. 523;
Ridings v. Marion Co., 50 Or. 30, etc.
Skrnetta v. Moore, 202 Miss. 585, 30 So. 2d 53
Robbins v. Scranton, 217 Pa. 577, 66 A. 97.
Sloss-Sheffield S. & I. Co., v. Johnson, 147 Ala. 384, 41
Robinson v. R.R. Co., Vt. 426, 10 A. 522 So. 907, 119 Am. St. Rep. 89, 11 Ann. Cas. 285, 8 L.R.A.
N.S. 226, and note.
Rohde v. State Industrial Accident Commission, 108
Or. 426, 217 P. 627 Smith Tug and Barge Co. v. Columbia Pacific Towing
Corp., supra, 443 P2d 205, 86 Adv.Sh 913 (1968).
Rowan Exrs. v. Portland, supra;
Smith v. Cameron, 123 Or. 501, 262 P. 946
Salem Improvement Company v. McCourt; cited
supra. Smith v. Dwight, (1916) 80 Or 1, 148 p477, 156 p573,
Ann Cas 1918 D, 563.
San Diego County v. Calif. Water & Tel. Co., 30 Cal.
2d 817, 186 P. 2d 124 (1947), and authorities cited Smith v. Mitchell, 21 Wash. 537, 58 P. 668, 75 Am. St.
therein. Rep. 658.
Sanborn v. Chicago & N. W. R. Co., 16 Wis. 21 Spencer v. Peterson, 41 Or. 257, 259.
Sandstrom v. Oregon-Washington Ry. & Nav. Co., 75 Sprague v. Waite, 17 Pick. 309
Or. 159: For an injury which an individual sustains Springer v. Durrette et ux, 217 Or. 196, 352 P.2d 132
in common with the general public, he or she cannot (1959)
complain, though suffering more than the rest of the
public, and in such case, relief, if any, is by Stamm v. City of Albuquerque, 10 N.M. 491, 62 P.
973
Savage v. City of Salem, 23 Or. 381, 363; 1 Wood on
Nuisances Stanley v. Schwalby, 147 U.S. 508, 13 S. Ct 418, 37 L.
Ed. 259 (1893).
Scheimer v. Price, 65 Mich. 638, 32 N.W. 873
State exrel Thornton v. Hay, (1969) 254 Or 584, 462
Schenley v. Commonwealth, 36 Pa. 62; P2d 671.
Schmidtke v. Keller, (1903) 44 Or 23, 73 p332, 74 State Highway Com. V. Burke et al, 200, Or. 211
p222.
State Land Board v. Corvallis Sand & Gravel Co., su-
School District 47 v. U.S. Natl. Bank of Portland, 187 pra, overruling Bonelli Cattle Co. v. Arizona, 414 U.S.
Or. 360, 211 P.2d 723 313, 94 S Ct 517, 38 L Ed 2d 526(1973)
Schooling v. Harrisburg, 42 Or. State Land Board v. Reuker, (1976) 25 Or App 137, 548
Sears v. Chicago, 247 Ill. 204, 93 N.E. 158 P2d 1323,
Security Investment Co. v. Oregon City, 161 Or. 432. State Land Board v. Sause et al, 217 Or. 52, 342 P2d
803 1959
Security Land & Exploration Co. v. Burns, 193 U.S.
167; State of Oregon via McKay v. Sause. 342 P.2d 803, 217
Or. 50
Sequin v. Maloney - Chambers, (1953) 198 Or 272, 281,
State v. Adams, 251 Minn 521, 560, 89 NW 2d 661, 687
253 P2d 252,
(1957).
Shively v. Bowlby, affirming Bowlby v. Shively, (1892)
State v. Culver, 65 Mo. 607, 27 Am.
22 Or 410, 30 p154; State v. McVey, (1942) 168 Or 337,
121 P2d 461, 126 P2d 181. State v. Imlah et al., (1931) 135 Or. 66, 294 P 1046.
Shively v. Welch, (1884) 20 Fed 28 State v. McVey, 168 Or. 337 (1942). See Atty Gen Op
324 (1949).
Shumate v. Robinson, 52 Or, App. 199 (1981), 627 P.2d
1295. State v. Moriarty, 74 Ind. 104
C-14
State v. Trask, 27 Am. Dec. 554 10c; cit. 559. Dill on U.S. v. Appalachian Electric Power Co., (1940) 311
Municipal Corporations, subsec 491. This is Principle U.S. 377, 61 S. Ct 291, 85 L ed. 243.
22 of this publication.
U.S. v. Cruikshank, 92 U.S. 542, cit. in Elliott on Roads
State v. Wilkinson, 2 Vt. 480; and Streets.
State vs. The California-Oregon Power Co., 225 OR U.S. v. Holt State Bank, 270 U.S. 49 (1926).
604, 609 (1961)
U.S. v. Rands, 389 U.S. 121 (1967).
Steel v. Portland, 23 Or. 162
U.S. v. Texas, 339 U.S. 707, 716 70 S Ct 918, 94 L Ed
Steiwer v. Steiwer, 112 Or. 485, 489, 490, 230 P. 359; Or. 1221 (1949),
Laws, subsec 4555
Ungers Co. v. Lincoln Co., 5 Or. App. 270, 483 P. 2d
Stephenson v. Van Blokland, 60 Or. 247, 118 P. 1026
81, Sup. Ct. review denied. Atty. Gen. Op. (44-46)
(1911).
Union Power Co. v. Lichty, 42 Or. 563
Stone v. Brooks, 35 Cal. 489
United States v. Chicago 185 U.S. (7How.).
Stotts v. Dichdel, 70 Or. 86, 139 P. 932.
United States v. Hudspeth. 384 F2d 683. Although
Strasbaugh v. Babler Bros. Inc., (1960) 220 Or 35, 348
P2d 448. some practical problems may arise, I see no legal rea-
son why the assessor may not employ the resurveys
Stratford v. Fidelity & Casualty Co., 106 Conn. 34 in preparation and maintenance of his maps, as the
Streeter v. Stalnaker, 61 Neb. 205, 85 N.W. 47 resurveys represent the best information available
Strothers v. Lucas, 12 Pet. 410, 428, note 9 L. Ed. 1137. United States v. Mission Rock Co., 189 U.S. 391, 404,
See also: Blacks Law Dictionary. 47 L ed 865, 869 23 S Ct 606.
Stubs v. Abel, 114 Or. 610 United States v. Oregon, 295 US 1, 14, 54 S Ct 610, 79
L Ed 1267 (1934),
Sumer Co. v. Transportation Co., 141 Tenn. 493,213
S.W. 412, 5 A.L.R., 765 and note at p. 768 Urguhart v. Belloni, 57 Or. 314, 321,322, 111 P. 692.
Sunset Lake v. Remington, 45 Or. App. 973 (1980). Utah v. U.S., 403 U.S. 9, 91 S Ct. 1775, 29 L Ed 2d, 281
Sweet et al v. Irrigation Co., 198 Or. 166. (1953) 254 (1971);
P.2d 700. Valley Pulp & Paper Co. v. West, 58 Wis. 599, 17 N.W.
Taylor Sands Fishing Co. v. State Land Board, (1910) 554; Bartlett & Beardmore, 77 Wis. 356, 46 N.W. 494
56 Or 157, 108 p126 Van Buskirk v. Bond, 52 Or. 234, 96 P. 1103
Thielke v. Albee, 79 Or. 48, 153 P. 793 Van Dusen Inv. Co. v. Western Fishing Co., (1912) 63
Tholl v. Koles, 65 Kan. 802, 70 P. 881 To the same effect Or 7, 124 p677, 126 p604
is Wells v. Pennington County, supra. Vandusen v. Shively, (1892) 22 Or 64, 29 p76;
Thompson v. Scott, 270 Or. 542, 528 P.2d 509 1974);
Vaught v. McClymond, 116 Mont. 542, 155 Pac. (2d)
Titusville Amusement Co. v. Titusville Iron Works, Errors in U.S. surveys cannot be corrected by the
286 Pa. courts since such surveys create boundaries and do
not merely ascertain them.
Tooze v. Willamette Valley S. Ry. Co., 77 Or. 157, 162,
150 P. 252 Virginia v. Rives, 100 U.S. 313; Ex parte Virginia, 100
Town Council v. Lithgoe, 7 Rich. U.S. 339
Town of Gaston v. Thompson, 89 Or. 412, 420 Von Buskirk v. Bond, 52 Or. 234, 96 P. 1103.
Town of Gaston v. Thompson, 89 Or. 412, 420 Wade v. Northup, 70 Or. 579
Trustees of M.E. Church v. Hoboken, 33 N. J. Laws 13, Wakeman v. Wilburn, 147 N.Y. 657, 42 N.E. 341.
97 Am. Dec. 696. Walish v. Milwaukee, 95 WIS. 16, 69 N.W. 818
Tuttle v. Beem, 144 Or. 145, 157, 24 P.2d 12 Wallowa County v. Wade, 43 Or. 253, 72 P. 793; See:
U. S. v. Oregon, 295 U. S. 1 (1954). Note 57 Am. St. Rep. 744.
U.S v. State of Washington, 9 Cir 1961, 294 F. 2d 830 Washington Borough v. Steiner, 25 Pa. Super. 392.
C-15
Washington v. Oregon, 211 U.S. 127, 33 L. ed. 118, 29 Wilder v. The City of St. Paul, 12 Minn. 203, 204, 211
S. Ct. 47.
Willamette Iron Works v. Oregon Ry. & Nav. Co., 24
Wason Toll Road Co. v. Townsite of Creede, 21 Land Or. 224
Dec. Dep. Int. 349, 351
Willets Mfg. Co. v. Mercer Co. Freeholders, 92 N.J.
Watertown v. Cowen, 4 Paige (N.Y. Ch.), 510 Law, 95, 40 A. 782.
Watrous v. Southward, 5 Conn. 310. Williams v. Routt County, 37 Colo. 55, 84 P. 1109
Watts v. City of Winfield, 101 Kan. 470, 168 P. 319. Willis v. Leverich, 20 Or. 168, 25 P. 398
Wayne County Say. Bank v. Stockwell, 64 Mich. 586, Wilson v. Shively, (1884) 11 Or 215,4 p324;
48 N.W. 174
Wing v. Wallace 42 Idaho 430, 246 Pac. 8: A resurvey
Weber v. State Harbor Comrs., (U.S.) 18 Wall 57, 65, does not affect the rights previously vested Its pur-
66, 21 L ed 798, 801, 802; pose is to ascertain the lines of the original survey
Weiss v. Oregon Iron & Steel Co., (1886) 13 Or 496, 11 without regard to their correctness.
p255; Winston Bros. v. State Tax Commission (1957) 156 Or.
Wells v. Pennington County, 2 S.D. 1, 48 N.W. 305, 39 505, 62 P.2d 7.
Am, St. Rep. 758 Winters v. George, 21 Or. 251, 259, 27 P. 1041
Weniger v. Ripley, (1930) 134 Or 265, 293 p425. Wood v. Woodcock, 276 Or. 49, 56, 554 P.2d 151
Western Ry. v. Alabama G.T.R. Co., 96 Ala. 272 (1976)
White Oak Coal Co. v. Manchester, 109 Va. 749 Woods v. Hart, 254 Or. 434,458 P.2d 945 (1969)
Whiteside v. Green, 13 Utah 34, 57 Am. St. Rep. 740, Wright v. Day, 33 Wis. 260; cited in Cross v. Talbot,
See: note of 25 pages, High-ways by User, 44 P. 1032 supra.
Whitney v. Crittenden, (1924) 112 Or 278, 229 p378. Wurzweiler u. Cox, (1931) 138 Or 110, 5 P2d 699
Wilder v. DeCou, 26 Minn. 10, 1 N.W. 48 Wyckoff v. Mayfield, (1929) 130 Or 687, 280 p340.
C-16
Appendix D:
Location of the Willamette Meridian
and the Oregon Base Line
The Rectangular Survey in Oregon

N & W, N & E, S & W, and S & E identify the four quadrants of the U.S. Rectangular
Survey; the location of the north and south townships and the east and west ranges.
a. The most northerly township in Oregon is T.9N.
b. 46 latitude runs through T.6N.
c. The most easterly range is R.51E.
d. The east point on the state line is the east line of R.47E.
e. The east line of R.46E.
f. State line at 42 latitude runs through T.41S.
g. The westerly range is R.16W.
D-1
Appendix E
E-1
E-2
E-3
E-4
E-5
E-6
E-7
E-8
E-9
E-10
E-11
E-12
E-13
E-14
E-15
E-16
E-17
E-18
E-19
E-20
E-21
E-22
E-23
E-24
E-25
E-26
E-27
E-28
E-29
E-30
E-31
E-32
E-33
E-34
E-35
E-36
Appendix F
DIVISION OF STATE LANDS
May 24, 1996 MEMORANDUM

TO: Interested Persons
FROM: Paul R. Cleary, Director
SUBJECT: State Ownership of Navigable Waterways
Introduction
The Division of State Lands (Division) receives many inquiries from the public concerning which
waterways are publicly owned or claimed. People often want to know where the bed and banks
of waterways have been declared publicly owned so they can use the waterways for fishing,
swimming, boating, etc. without fear of trespassing on private property.
This memorandum:
Discusses your rights to use state-owned submerged and submersible land,
Contains several lists which identify where the State of Oregon owns or claims the bed and
banks of a waterway because of federal court adjudication, tidal influence, and/or as the result
of state law, State Land Board policy, or administrative rule.
Briefly describes the impact of recently enacted legislation (HB 2697) on the determination of
state ownership to the bed and banks of waterways.
Please be aware that this memorandum deals only with the issue of state navigability ownership
claims. The bed and banks of waterways flowing through public lands (i.e., local, state or
federal) may also be available to the public. You should consult with the appropriate public land
management agency to determine what limitations, if any, exist on public use.
Your Rights and Responsibilities to Use State-Owned Waterways
The rules controlling public use of state-owned waterways are simple. The Public Trust Doctrine
gives you the right to use state-owned waterways (including submerged and submersible lands)
for a wide variety of authorized uses including navigation and recreation. However, this
doctrine is not a license to trespass on private land. Although the public has a right to navigate on
waters where the bed is privately owned, this may not include the right to wade or otherwise use
the bed and banks of privately owned uplands. Anyone crossing private land to reach state-owned
public land and waterways must have permission from the landowner. The landowner is under
no obligation to grant this permission.
F-1
Be a Responsible User
Recreational use of state-owned waterways is a privilege enjoyed by many Oregonians and

visitors. However, misuse and abuse of this privilege can lead to restrictions. The Division
and the State Land Board urge you to be a responsible user of public lands and waterways, obey
all authorized closures, restrictions and postings, and exercise basic common sense, courtesy, and
consideration for others.
When using Oregons state-owned waterways:
Always get the landowners permission to cross private land to get to the waterway.
Be sure to launch and take out your boat at public launches or parks.
Avoid conflicts with landowners.
If you see trash, pick it up and carry it out, but avoid trespass to do so.
Obey laws and common rules of decency at all times.
Illegal Acts on Public Lands and Waterways
The Division is often asked what acts are illegal on public land and waterways. As a
general rule, any act which is illegal on private land is also illegal on public land. Some
of the illegal activities which are frequently reported to the Division as occurring on
state owned land are as follows:
Offensive littering ORS 164.805 Class C Misdemeanor

(30 days; $1000)
Littering in or within 100 yards ORS 164.775 Class B Misdemeanor
of state waters (6 months; $2000)
Trespass onto private land ORS 164.245 Class C Misdemeanor
(30 days; $1000)
Possession use of a controlled ORS Chapter 475 Varies
substance
Interference with property ORS 164.345 Class C Misdemeanor
(30 days; $1000)
Damaging property less than ORS 164.354 Class A Misdemeanor
$500 (1 year; $5000)
Damaging property, more than ORS 164.354 Class C Felony
$500. (5 years; $100,000)
Damaging livestock ORS 164.365 Class C Felony
(5 years; $100, 000)
Pointing firearm at another ORS 166.190 6 months; $500
Firing at person or building ORS 166.220 Class C Felony
within range of weapon (5 years; $100, 000)
Reckless burning ORS 164.335 Class A Misdemeanor
(1 Year; $5000)
F-2
The Impact of HB 2697 on State Ownership of Waterway Bed and Banks
In 1995, the Oregon State Legislature enacted BB 2697 (codified as ORS 274.400 to 274.412). This
legislation establishes a process for the Division and the State Land Board to follow in undertaking
any future navigability studies to determine state ownership of the bed and banks of
waterways. Pending completion of such navigability studies, the Division and State Land
Board may neither assert nor waive potential waterway ownership claims.
It is important to note that HB 2697 is prospective, affecting only the State Land Boards ability
to assert future claims. Therefore, the Division and State Land Boards pre-BB 2697 ownership
claims on the waterways listed in the attached tables are not affected by the requirements of this
legislation.
Ownership Data
The waterways to which the state has asserted an ownership claim are listed in Tables 1-3:
Table I lists those areas where the state owns or claims the bed and banks of a waterway
because of federal court adjudication, tidal influence, and/or as the result of state law, Land
Board policy, or administrative rule.
Table 2 lists those areas where the state owns the bed and banks of a waterway strictly because of
tidality.
Table 3 concerns state ownership of meandered lakes and references ORS 274.430(1) which states
that all meandered lakes are declared navigable and therefore public and that the submerged
and submersible lands are vested in the state.
The ownership data contained in these tables are current as of the date of this memorandum.
However, as new information is developed, these lists will be periodically updated as
navigability studies and related ownership claims are completed.
Limits of Public Ownership
With reference to the waterways listed in Tables 1-3, the state usually owns to the line of ordinary
high water (OHW) or mean high tide (MM).
However, in tidal areas and the bed and banks of grant rivers, state ownership may be
different.
In tidal areas, the state may only own to ordinary low water (OLW) or mean low tide (MILT) as
the result of land sales authorized by statute in 1872.
Along the Willamette River, a 1874 statute provided that state title to any ...tide or overflowed
lands upon said Willamette River is hereby granted and confirmed to the owners of the
adjacent lands, or when any such tide of overflowed lands have been sold ... to the purchaser ...
from such owner of such adjacent lands, or some previous owner.
An 1876 statute expanded the provisions of the 1874 statute to include the Coquille, Coos, and
Umpqua Rivers.
F-3
Because of these statutes, the Willamette, Coquille, Coos and Umpqua Rivers are commonly
referred to as grant rivers. You will need to check deed records for each property along tidal
areas and these grant rivers to determine the extent of state submerged and/or submersible land
ownership.
Want More Information?
For additional information contact one of our agencys Resource Coordinators listed in the attached
Resource Coordinator Assignments display, or call or write to the Divisions Salem office:
Oregon Division of State Lands
775 Summer Street N.E.
Salem, Oregon 97310-1337
Telephone: (503) 378-3805
FAX: (503) 378-4844
Attachments: Table 1- Waterway Specific Information
Table 2 - Tidally Influenced Waterways
Table 3 - Meandered Lakes Resource Coordinator Assignments
Who Owns the Waterways
F-4
Table 1
(Revised 5122196)
Waterway Specific Information

(See also Tidally Influenced Waterways Table 2)
Chetco RiverRiver Mile 3.3 to at least 11 (approximately 1 mile upstream from the confluence
of Elk Creek and the Chetco River).
Authority: Tidality.
Oregon v. Tidewater Contractors. Inc., Order on Motion for Summary
Judgment, August 10, 1994, U.S. District Court, Oregon
Columbia RiverRiver Mile 0.0 to 309 (Oregon-Washington border).

State assertion by management.
Historical use (for example, by Lewis and Clark Native Americans).
Admissions Act.
Coos RiverRiver Mile 0.0 to 4.5 (at the confluence of the Millicoma River and the South Fork
of the Coos River).
Grant river.
Coquille RiverRiver Mile 0.0 to 36.3 (confluence of the North Fork and Middle Fork of the
Coquille River).
Grant river.
Klamath RiverRiver Mile 200.0 (California border) to 233.0 (Keno).

Authority: Land Board declaration, December 1986.
McKenzie RiverRiver Mile 0.0 to 37 (Dutch Henry Rock).

Authority: Land Board declaration, July 1976.
OAR 141-81-050(2).
State of Oregon v. Riverfront Protection Association, 672 F.2d 792 (1982).
Rogue RiverRiver Mile 0.0 to 68.4 (Grave Creek).

Authority: Land Board adoption of permanent rule, August 1975. OAR 141-81-050(1).
Snake RiverRiver Mile 176 to 409.

Authority: Scott v. Lattig, 227 US. 229, 1913.
Historical use (for example, Lewis and Clark Native Americans). Admissions
Act.
F-5
Umpqua RiverRiver Mile 0.0 to approximately 111.5 (at the confluence of the North and
South Forks of the Umpqua River).
Land Board adoption of permanent rule, December 1976. OAR 141-81-050(3).
Grant river.
Willamette RiverRiver Mile 0.0 to 187.0 (at the confluence of the Coast and Middle Forks of the
Willamette River).
Corvallis Sand & Gravel Company v. Oregon, 429 U.S. 363 (1977). ORS
274.036.
Grant river.
F-6
Table 2
Tidally Influenced Waterways
County River Name Location of Head of Tide
Clackamas Willamette River RM26.5 @ Willamette. Falls

Clatsop Logan Creek T5N-R1 OW W. line of Sec. 20
Clatsop Neacoxie Creek T6N-R1 OWN. line of Sec. 10
Clatsop Neawanna Creek T6N-R1 OW S. line of Sec. 22
Clatsop Neawanna Creek T6N-R1OW Sec. 22 (Unnamed Tributary)
Clatsop Necanicum River RM 4.0 @ T6N-R1 OW Sec. 22
Clatsop Nehalem River RM 8.9 @ T3N-R9W Sec. 31
Clatsop Nehalem River N. Fork RM 6.2 @ T4N-R9W Sec. 32
Clatsop Stanley Lake Creek T6N-RIOW Sec.15
Coos Bear Creek T28S-RI4W Sec. 27
Coos Beaver Slough RM 5.0 @ T12S-13W Secs. 15&17
Coos Boone Creek T26S-12W Sec. 32
Coos Catching Slough T26S-12W Sec. 32
Coos China Creek T29S-15W Sec. 11
Coos Coalbank Slough T26S-13W Secs. 3 & 10
Coos Coos River ALL
Coos Coos River S. Fork RM 10.2 @ T25S-Rl I W Sec. 27
Coos Coquille River ALL
Coos Coquille River N. Fork RM 0.5 @ T29S-R12W S. line of Sec. 4
Coos Coquille River S. Fork RM 3.0 @.T29S-R12W Sec. 20
Coos Cox Canyon T26S-R14W Sec. 36
Coos Croft Lake T30S-R15W E. line of Sec. 10
Coos Crooked Creek T29S-R15W Sec. 12
Coos Cut Creek T27S-R14W Sec. 31
Coos Daniels Creek T25S-12W S. line of Sec. 35
Coos Davis Slough T26S-R13W Secs. 27 & 28
Coos Day Creek T26S-R14W Sec. 13
Coos Deton Creek T25S-R12W Sec. 13
Coos Elliott Creek T26S-R13W Sec. 19
Coos Ferry Creek T28S-R14W Sec. 29
Coos Fivemile Creek T27S-RI4W Sec. 5
Coos Fourmile Creek T30S-R15W Sec. 2
Coos Hatchet Slough T28S-R13W Sec. 7
Coos Haywood Creek T26S-R14W Sec. 14
Coos Iowa Slough T28S-R13W Sec. 7
Coos Isthmus Slough T27S-RI3W Secs. 2&3
Coos Joe Ney Slough T26S-R13W Secs. 6&7
Coos John B. Creek T26S-R14W Sec. 25
F-7
Coos Johnson Creek T29S-R15W Sec. 1
Coos Kentuck Slough T25S-R12W Sec. 6
Coos Lampa Creek T28S-R13W Sec: 30
Coos Larson Creek T24S-R12W Sec. 30
Coos Lillian Creek T25S-R12W Sec. 32
Coos Lowe Creek T28S-R14W Sec. 23
Coos Mart Davis Creek T25S-R12W Sec. 23
Coos Millicoma E. Fork RM 13 @ T25S-R11 W Sec. 4
Coos Millicoma River ALL
Coos Millicoma W. Fork RM 1.1 @ T25S-R1 1W Sec. 6
Coos New Lake T30S-R15W S. line of Sec. 15
Coos New River T30S-R15W S. line of Sec. 15
Coos Noble Creek T27S-R13 W Sec. 2
Coos North Slough T24S-R13 W Sec. 12
Coos Offield Slough T28S-R14W Sec. 11
Coos Paloose Creek T24S-R12W Sec. 18
Coos Ross Slough T26S-R13W Sec. 12
Coos Seelander Creek T26S-R12W Sec. 29
Coos Sevenmile Creek T28S-R14W Sec. 3
Coos Shinglehouse Slough T26S-R13W Sec. 15
Coos South Slough ALL
Coos Stock Slough T26S-R12W Sec. 9
Coos Talbot Creek T26S-R13W Sec. 30
Coos Threemile Creek T27S-R14W Sec. 5
Coos Twomile Creek T27S-R14W Sec. 17
Coos Vogle Creek T25S-R12W Sec. 29
Coos Wasson Creek T26S-R14W Sec. 35
Coos Willanch Slough T25S-R13W Sec. 13
Coos Wilson Creek T26S-R12W Sec. 29
Coos Winchester Creek T27S-R14W Sec. 2
Coos Wiskey Run Creek T27S-R14W Sec. 20
Curry Bowman Creek T40S-R14W Sec. 3
Curry Burnt Hill Creek T39S-R14W Sec. 5
Curry Chetco River RM 3.3 @ T40S-R13W Sec. 34
Curry China Creek T39S-R14W Sec. 28
Curry Coon Creek T40S-R14W Sec. 3
Curry Elk River T32S-R15W Sec. 19
Curry Euchre Creek T35S-R14W Sec. 8
Curry Floras Creek T31S-R15W
Curry Garrison Creek T33S-R15W
Curry Harris Creek T40S-R14W Sec. 36
Curry Horse Prairie Creek T39S-R14W Sec. 21
Curry Housetender Creek T39S-R14W Sec. 9
F-8
Curry Hubbard Creek T33S-R15W Sec. 9
Curry Hunter Creek T37S-R14W Sec. 7
Curry Lone Ranch Creek T40S-R14W Sec. 22
Curry Macklyn Creek T41S-R13W Sec. 6
Curry Mill Creek T41S-R13W Sec. 6
Curry Miller Creek T39S-R14W Sec. 16
Curry Miner Creek T39S-R14W Sec. 16
Curry Mussel Creek T34S-RI4W Sec. 19
Curry Myers Creek T38S-R14W Sec. 7
Curry Pistol River RM 1.4 @ T39S-R14W W. line of Sec. 20
Curry Ram Creek T40S-R14W Sec. 22
Curry Ransom Creek T41 S-RI4W Sec. 1
Curry Retz Creek T33S-R15W Sec. 15
Curry Rinehart Creek T4S-R14W Sec. 18
Curry Rogue River RM 4.5 @ T36S-R14W Sec. 17
Curry Shy Creek T40S-R14W Sec. 26
Curry Sixes River RM 2 @ T31 S-RI 5W Sec. 31
Curry Spruce Creek T39S-T14W Sec. 21
Curry Taylor Creek T40S-R14W Sec. 26
Curry Thomas Creek T39S-R14W Sec. 28
Curry Whalehead Creek T40S-R14W Sec. 3
Curry Winchuck River RM 1.1 @ T41 S-R13 W Sec. 25
Douglas Brainard Creek T21 S-R11 W Sec. 17
Douglas Butler Creek RM 1.1 @ T21S-R1IW Sec. 30
Douglas Eslick Creek T20S-R1 I W Sec. 35
Douglas Frantz Creek RM 0.5 @ T21 S-RI 2W Sec. 14
Douglas Hudson Slough ALL
Douglas Joyce Creek T21 S-R1 I W Sec. 8
Douglas Noel Creek T21 S-R1 l W Sec. 3
Douglas Oar Creek T22S-R1 I W Sec. 7
Douglas Otter Slough RM 1.0 @ T21 S-RI I W Sec. 27
Douglas Providence Creek T21S-R12W Sec. 28
Douglas Scholfield Creek RM 53 @ T22S-R12W Sec. 11
Douglas Silver Creek T22S-R12W Sec. 8
Douglas Smith River RM 23.1 @ T20S-R1 OW Sec. 34
Douglas Smith River N. Fork RM 3.0 @ T20S-R1 OW Sec. 30
Douglas Tahkenitich Creek T20S-R12W Sec. 19
Douglas Threemile Creek T21S-R12W Sec. 18
Douglas Umpqua River RM 29.2 @ T22S-R9W Sec. 7
Douglas Winchester Creek T22S-R12W Sec. 8
Lane Agate Creek T15S- R2W Sec. 27
Lane Berry Creek T17S-R12W Sec. 15
Lane Blowout Creek T16S-R12W Sec. 22
F-9
Lane Bob Creek T15S-R12W Sec. 22
Lane Cape. Creek T16S-R12W Sec. 34
Lane China Creek T16S-R12W Sec. 22
Lane Cummins Creek T15S-RI2W Sec. 10
Lane Gwynn Creek T15S-R12W Sec. 10
Lane Hadsall Creek T18S-R1OW Sec. 12
Lane Haring Creek TI 8S-R11 W Sec. 7
Lane Hoffman Creek TI 8S-RI I W Sec. 13
Lane Knowles Creek T18S-R1OW Sec. 1
Lane Lawson Creek T18S-R11 W Sec. 28
Lane Lindsley TI 8S-R12W Sec. 12
Lane Morris Creek TI 8S-R11W Sec. 5
Lane Munsel Creek T18S-R12W Sec. 26
Lane Nancy Creek T16S-R12W Sec. 10
Lane Rock Creek T16S-R12W Sec. 15
Lane Siltcoos River T19S-R12W Sec. 34
Lane Siuslaw N. Fork RM 10.5 @ TI 8S-R11 W Sec. 4
Lane Siuslaw River RM 22.8 @ TI 7S-RI OW Sec. 34
Lane South Inlet T18S-R11W Sec. 31 T19S-R11W Sec.
Lane Squaw Creek T16S-R12W Sec. 3
Lane Sutton Creek RM 0.4 @ T17S-R12W Sec. 28
Lane Sweet Creek TI 8S-R1OW Secs. 16 & 21
Lincoln King Slough TI I S-R1 l W Sec. 28
Lincoln Alsea River RM 11.5 @ T13S-R1OW Sec. 34
Lincoln Beaver Creek T12S-R11 W Sec. 20
Lincoln Beaver Creek S. T12S-RI 1W Sec. 20
Lincoln Big Creek T1OS-R1 1 W Sec. 32
Lincoln Boone Slough T1 1 S-R1 1 W Sec. 25
Lincoln Buckley Creek T13S-R12W Sec. 1
Lincoln Cape Creek T15S-R12W Sec. 3
Lincoln Coal Creek T1 OS-R11 W Sec. 17
Lincoln Collins Creek T12S-R12W Sec. 36
Lincoln D River TI 7S-Rl I W Sec. 15 (50 yds. W. of Hwy. 101 bridge)
Lincoln Deer Creek T12S-R12W Sec. 24
Lincoln Depot Creek Slough RM 5.0 @ T11S-R10W Sec. 6
Lincoln Drift Creek RM 2.7 @ T13S-RI 1W Sec. 23
Lincoln Drift Creek T7S-R11 W Sec. 6
Lincoln Eckman Slough T13S-R11W Sec. 28
Lincoln Elk Creek RM 4.5 @ TI I S-R1 OW Sec. 25
Lincoln Flesher Slough TI 1S-R11W Sec. 35
Lincoln Fogarty Creek T8S-R11 W Sec. 32
Lincoln Fox Creek T13S-R12W Sec. 1
Lincoln Grant Creek TI 1S-R11W Sec. 30
F-10
Lincoln Henderson Creek T11S-R11W Sec. 30
Lincoln Hill Creek T12S-R12W Sec. 25
Lincoln Johnson Creek Ti OS-RI 1WSec. 5
Lincoln Lint Slough T13S-Ri l W Sec. 30
Lincoln Little Creek TI OS -RI I W Sec. 32
Lincoln Little Creek T13S-R12W Sec. 36
Lincoln Lost Creek TI 2S-RI I W Sec. 7
Lincoln McCaffery Slough T12S R11 W Sec. 3
Lincoln McKinney Slough T13S-R1 l W Sec. 20
Lincoln Mill Creek T1S-RIOW Sec. 27
Lincoln Moolack Creek TlOS-RI 1W Sec. 17
Lincoln Moore Creek Tl l S-RI I W Sec. 31
Lincoln North Cape Creek T15S-R12W Sec. 3
Lincoln Nute Slough Tl l S-RI OW Sec... 30
Lincoln Ollala Slough TI I S-R1 OW Sec.17 Secs. 8 & 5
Lincoln Parker Slough TI I S-R1 I W Sec. 27
Lincoln Pooles Slough T12S-Ri I W Sec. 1
Lincoln Pumphouse Creek T12S-RI I W Sec. 18
Lincoln Rowdy Creek T6S-Rl I W Sec. 25
Lincoln Salmon Creek Tidegate Three Rocks
Lincoln Salmon River T6S-R1OW Sec. 29
Lincoln Schoolhouse Creek T8S-R1 I W Sec. 16
Lincoln Schooner Creek TI OS-RI 1 W Sec. 19
Lincoln Sijota Creek T8S-R1 I W Sec. 10
Lincoln Siletz River RM 22.6 @ T9S-Ri OW Sec. 8
Lincoln Spencer Creek TI OS-RI I W Sec. 5
Lincoln Starr Creek T14S-R12W Sec. 23
Lincoln Thiel Creek T12S-RI 1 W Sec. 6
Lincoln Vingie Creek T14S-R12W Sec. 14
Lincoln Wade Creek TI OS-RI 1 W Sec. 8
Lincoln Yachats River RM 1.5 @ T14S-RI2W Sec. 26
Lincoln Yaquina River RM 21.8 @ TI I S-RI OW Sec. 1
Multnomah Columbia Slough T2N-RI W Sec. 23 to T1N-R3E Sec. 19 (Note that
the limit of state ownership in a portion of the
channel in TIN-R2E Sec. 23 TIN-R2E Sec. 24 and
TIN-R3E Sec. 19 is still uncertain.)
Multnomah Columbia River RM 145.5 @ Bonneville Dam T2N-R7E Sec. 21
Tillamook Alder Creek T3N-R1OW Sec. 27
Tillamook Anderson Creek T3N-RI OW Sec. 14
Tillamook Anderson Creek T2S-R9W Sec. 6
Tillamook Beaver Creek T2S-RIOW Sec. 12
Tillamook Clear Lake Creek TIN-RI OW Sec. 5
Tillamook Coal Creek T3N-RIOW Sec. 14
Tillamook Crescent Lake Creek T2N-R1 OW Sec. 29
F-11
Tillamook Daley Lake Creek T5S-RIIW Sec. 13
Tillamook Dougherty Slough TI S-R9W Sec. 20
Tillamook Esther Creek TIS-RI OW Sec. 26
Tillamook Fall Creek TIS-R1 OW Sec. 31
Tillamook Flower Pot Creek TI S-R1OW Sec. 8
Tillamook Foley Creek T3N-R1 OW Sec. 36
Tillamook Gallagher Slough T3N RIOW Sec. 35
Tillamook Hall Slough T1S-RIOW Sec. 24
Tillamook Hathaway Slough T1S-RIOW Sec. 12
Tillamook Hoquarten Slough TIS-R9W Sec. 30
Tillamook Illingsworth Creek T1N-RIOW Sec. 23
Tillamook Jackson Creek T2S-R10W Sec. 30
Tillamook Kilchis River RM 2.0 @ TIS-R9W Sec. 7
Tillamook Little Nestucca River RM 3.2 @ T5S-RIOW Sec. 9
Tillamook McCoys Cove TI S-RI OW Sec. 9
Tillamook Messhouse Slough T2N R10W Sec. 17
Tillamook Miami River RM 0.8 @ TIN-R1OW Sec. 14
Tillamook Neskowin Creek T5S-RI 1 W Sec. 36
Tillamook Nestucca River RM 8.5 @ T4S-RI OW Sec. 14
Tillamook Nolan Slough TIS-RIOW Sec. 24
Tillamook Patterson Creek TIN-RIOW Sec. 34
Tillamook Rice Creek T2S-RIOW Sec. 5
Tillamook Short Creek T1S-RIOW Sec. 24
Tillamook Spring Lake Creek TIN-RIOW Sec. 6
Tillamook Squeedunk Slough TIS-R10W Sec. 13
Tillamook Sutton Creek T2S-RIOW Sec. 12
Tillamook Tillamook River RM 6.0 @ T2S-R9W Sec. 7
Tillamook Tomlinson Slough TIS-RIOW Sec. 26
Tillamook Trask River RM 4.3 @ T2S-R9W Sec. 6
Tillamook Watseco Creek TIN-RI OW Sec. 7
Tillamook Wilson River RM 3.1 @ T1S-R9W Sec. 20
Tillamook Wiskey Creek T2S-RIOW Sec. 17
Tillamook Yagar Creek 12S-RIOW Secs. 8 & 9
NOTE: The head of tide indicated in Table 2 is approximate and is based on inspection or other
evidence obtained by Division staff prior to 1989. The location of the head of tide of any
particular waterway may have changed since that time of determination.
Some waterways in Clatsop, Columbia and Multnomah Counties which flow into the
Columbia River and may in part be affected by tidal influence have not been investigated
by Division staff. Therefore, they are not included in Table 2.
F-12
Table 3
Meandered Lakes
ORS 274.430 State Ownership Of Meandered Lakes; Status As Navigable And Public Waters.
(1) All meandered lakes are declared to be navigable and public waters. The waters thereof
are declared to be of public character. The title to the submersible and submerged lands of such
meandered lakes, which are not included in the valid terms of a grant or conveyance from the State
of Oregon, is vested in the State of Oregon.
(2) ORS 274.430 to 274.450 shall not apply to any nonnavigable lakes lying within the boundaries
of any duly organized and incorporated drainage district which was in existence on January 1,
1921.
(3) Nothing in this section impairs the title of any upland or riparian owner to or any vested rights
in land which was added prior to May 25, 1921, by natural accretion or reliction to the lands of
such upland owner.
Note:
However, see United States v. State of Oregon, 295 U.S. 1 (1935) which found that Malheur
Lakes (Malheur, Mud and Harney) are meandered, but not navigable.
To date, the Division has issued leases on the following lakes:
Devils Lake
Klamath Lake
Mercer Lake
North Tenmile Lake
Siltcoos Lake
Tenmile Lake
Upper Klamath Lake
Woahink Lake
F-13
GLOSSARY
A Guide to Terminology Encountered
in the Cadastral Map Program
Glossary-1
Glossary-2
is to assist in solving deed and survey ambiguities for
INTRODUCTION mapping purposes. In addition, the definitions will
assist in identifying situations where legal counsel is
In preparing this glossary, the fields of surveying, warranted. It is hoped that a real appreciation of the
realty, micrographics, geodesy, computer mapping, complexity of real property law, not to be confused
mathematics, engineering, photogrammetry, draft- with a false sense of comprehension, can be obtained
ing, geography, assessment and taxation, and real by studying the definition of each term.
property law have been culled for terminology sig- The user of this glossary must understand that legal
nificant to cadastral cartography. In the mapping terms seldom have exact meanings; it would require
process every term defined in this glossary, will many pages of written text to describe the total legal
eventually be encountered. significance of some of the terms included in this glos-
The surveying terminology is essential because the sary. More important, the definition of most terms is
language of cartography is, to a certain extent, the not applicable in all situations. Although, in common
language of surveying. The definitions are basic ex- use the word contiguous means touching, a court
planations only; the technical parts, essential to only of law, given the evidence, might be of the opinion that
the surveyor, have been eliminated. the intent was to mean in close proximity.
The statutory and common law terms relating to cadas- IMPORTANT NOTE
tral cartography, deeds, estates, etc. have been defined
in the glossary. They are not intended as a substitute The ORS included here are for reference only and
for legal counsel, nor have they been included to en- are not intended to supercede, replace, or serve as
courage the dispersal with the advice and consultation a substitute for the official statutes published by the
that must be provided by an attorney. Their inclusion Oregon Legislature.
ABANDONMENT (GENERAL) An action involving re- 4. The act of abandonment must be voluntary and
linquishment of right, title or interest in real prop- intentional Abandonment in law depends upon
erty, by an owner or servient tenant, for the sole concurrence of intention to abandon and some overt
purpose of permanently terminating his or her act or failure to act which carries implication that the
right, title or interest. The following principles and owner (or servient tenant) neither claims or retains
rules of law will put the doctrine of abandonment, any interest. Blacks supra, cit.: Stinnett v. Kinslow,
as it is applied in this state, in proper perspective: 238 Ky. 812, 38 S.W.2d 920, 922.
1. Time is not an essential element of abandon- 5. Regarding public ways in Oregon, the doctrine
ment, although the lapse of time may be of abandonment does not apply in an action to
evidence of an intent to abandon. Where it quiet title to a public way. See: Abandonment,
is accompanied by acts manifesting such an common law.
intention, the courts have allowed it to be con- 6. Abandonment, in its usual and ordinary mean-
sidered in determining whether there has been ing, is not synonymous with the more technical
an abandonment. Blacks Law Dictionary, rev. 4th term vacation. However, a statutory vacation
ecL, supra, cil Ullman ex tel Eramo v. Payne, 127 is often referred to as a (formal) abandonment
Conn. 239, 16A.2d 286, 287. of the vacated way. But applied in its correct
2. Mere nonuser is not necessarily an abandon- use, vacation is the statutory extinguishment
ment (Blacks, supra, cit: Barnett v. Dickenson, 93 of the publics easement to use land for the pur-
Md. 258). That principle is reinforced in Oregon pose of travel by the public from place to place.
by the Supreme Court decisions to the effect: 7. Abandonment is not synonymous with sur-
Neither the lapse of time, nonuser by the public, render and differs from the latter term in that
nor levying and assessment of taxes will con- surrender requires an agreement (Noble v.
stitute an estoppel. Dabney v. City of Portland, Sturrn, 210 Mich. 462).
124 Or., cit: City of Clatskanie v. McDonald, 85 Or.
See: Blacks Law Dictionary rev. 4th ed., St. Paul,
670, 167 P. 560.
Minn., West Publishing Co., regarding:. Abandon-
3. Land cannot be abandoned in favor of a specific ment, re: easement; ditches; property, railroad
party. property; rights in general, etc.
Glossary-3
ABANDONMENT, COMMON LAW The term has no ABSTRACT OF TITLE A summary of facts relied on as
precise meaning, but it is usually used to denote evidence of title. It is the history of a title, which
an informal abandonment effected by other than consists of a concise statement of the conveyances
statute, ordinance, resolution or other formal and encumbrances, which appears on the public
methods. However, in certain cases before the records affecting title.
courts, common law abandonment has been the ABUTTING Touching, being contiguous with.
result of formal proceedings that were enacted for
purposes other than abandonment. For example, ABUTTING OWNER The owner of land, which adjoins,
where a city official issued a permit to build a pri- or touches, the land of another. When used in ref-
vate improvement on a public street, it was found erence to public ways, streets, alleys, county roads,
to show an intent to relinquish the publics right etc., it ordinarily denotes one whose land adjoins
to the use of the street. However, the Oregon Su- the public way, street, alley, county road, etc.; that
preme Court no longer recognizes that principle is, where the land abuts the side line or right-of-
of law of the pioneer era. The court now holds to way line. See: Sweet et al v. Irrigation Canal Co., 198
the principle that public ways in this state cannot Or. 166.
be extinguished by a common law abandonment. ABUTTING LAND Land abutting the land, feature,
See: Martin v. Klamath County, 39 Or. App. 455 thing, interest, easement, boundary, mad, right of
(1979). way referred to. When used to denote land abut-
ABANDONMENT, HIGHWAY Where the public ceases ting a public road, highway, street, alley or other
to use a street or highway under circumstances in- public way, it denotes the land that touches the
dicating intent to abandon (Blacks supra, cit: Grand side line or right-of-way line of the public road,
Trunk Western R. Co. v. City of Flint, D.C. Mich., 55 highway, street, alley or other public way. In Cross
v. Talbot, 121 Or. 270, 254 P. 827, the Supreme Court
F.2d 384, 386). A vacation made in accordance with
held, Where land described by metes and bounds
the laws of this state could be considered a high-
actually abuts on the highway, the grantee, in
way abandonment. However, the term vacation
absence of intention of the grantor or otherwise
is the more precise term, and should always be
to limit the description, takes to the center of the
used to denote a statutory vacation. Nevertheless,
highway, even when the highway is not mentioned
the term highway abandonment is applicable
as a boundary. This same principle applies, as
when used in reference to an abandonment of
well, to land (that the grantor owned at the time
a state highway. See: Vacation and Abandon-
of the conveyance) abutting a non-navigable body
ment, state highway in this glossary.
of water.
ABANDONMENT, STATE HIGHWAY An action where- ACCEPTANCE By a county or city may be express
by the Oregon Department of Transportation, (necessary to a statutory dedication) or implied
when, in its opinion, the interests of the state will (suffices for a common-law dedication). In Har-
be best served, abandons eliminated sections of ris v. St. Helens, 72 Or. 377, 143 P. 941, the Oregon
an old right of way which are no longer needed or Supreme Court held, No formal acceptance of
valuable for highway right of way purposes or any a (common-law) dedication is necessary (see:
other public road use. However, such an abandon- Christian v. Eugene, 49 Or. 170, 89 P. 420; Oregon City
ment does not relinquish rifle to any land owned v. Oregon C.R. Co., 44 Or. 165, 74 P. 926; Carter v.
by the department in fee. ORS 366.295 provides, City of Portland, 4 Or. 339). Except in cases where a
however, that abandoned sections not held in fee municipality may not have the charter powers to
by the department shall, except as otherwise accept a dedication, an acceptance by a municipal-
provided in this section, revert to and title thereto ity by its duly authorized officers may be express
shall rest in the abutting owner or owners. Where by deed or by some matter of record, or unless
certain eliminated sections of old right of way prohibited by statute or ordinance, the acceptance
are needed or are valuable for public road use, may be implied from some act or acts showing that
then ORS 366.295(2) requires the department to, the municipality has assumed control and posses-
by appropriate action, declare the purpose of the sion of the property dedicated, or the like acts: 13
department is to preserve the same for public road Cyc. 469.
use. ORS 366.290 makes provision for the depart-
A common-law dedication requires some form of
ment to surrender jurisdiction to such sections of
acceptance to become an irrevocable dedication.
highway to the county (or counties).
However, such acceptance need not be formal,
ABSTRACT As regards property title, synonymous nor does it need to be by a county or a city. In
with abstract of title. Carter, the court said, A formal acceptance is not
Glossary-4
necessary. The acts of inhabitants in the purchase ments. In counties with computer account num-
of lots, the improvement of streets, etc., and their bers, records are still filed in tax lot number order.
use, conclude the owner and the corporation may The account number appears only as a notation on
insist on every right which any of its inhabitants the records. The tax lot number can be used in the
acquired by virtue of the original dedication .. computer. However, the shorter account number
And in Douglas Co. v. Umpqua Valley Grange, Inc., expedites date entry and retrieval.
4S Or. App. 737, 609 P.2d 415, the Oregon Court
of Appeals held, Dedication to the public is im- ACCRETION The gradual and perceptible increase of
pliedly accepted when lots are sold with reference riparian land by the gradual deposit, by water, of
to a plat which shows the dedication (by express or solid material, whether mud, sand, or sediment,
implied dedication). See also, Johnson v. Crawlord, so as to cause that to become dry land which was
88 Or. The purchase of a single lot will suffice as before covered by water. See Chapter 10.
acceptance, McCoy v. Thompson, 84 Or. 151. ACCRETIONS become part of the land to which it was
ACCEPTANCE (DEED) The act by which a vendee added (subject to Oregon law) and follows what-
vests himself or herself with title to land. Blacks, ever title covers the main land. To be an accretion,
cit. Hardin v. Kazee, 238 Ky. 526, 38 S.W.2d 438. In the gradual deposit of material must be by natural
Oregon, title is not transferred until accepted by causes.
the grantee.
ACCRETION The gradual and perceptible increase of
ACCEPTANCE (EXPRESS) A clear, definite, explicit, riparian land by water deposition of mud, sand, or
unmistakable acceptance. The term is usually con- sediment. An area formerly covered by water thus
trasted with implied acceptance. becomes dry land.
ACCEPTANCE (IMPLIED) An acceptance not mani- ACCURACY The degree of conformity of a measure to
fested by explicit, clear, direct wording, but is by a standard, or the degree of perfection attained in
implication or necessary deduction from the cir- a measurement of distances and angles. The term
cumstances, the general language, act or conduct pertains to the result of an operation rather than
of the parties. the operation. See Chapter 6.
ACCESS In real property law, the right of every land- ACKNOWLEDGMENT An act in which a party ex-
owner to go from and return to his or her land. ecuting an instrument of conveyance as a grantor
As explained in Elliotts Roads & Streets, An abut- goes before a competent officer (usually a notary
ting owner, however, is not necessarily entitled as public) and acknowledges the instrument to be his
against the public to access to his land at all points, genuine and voluntary act or deed.
and it is held that it is sufficient if he has free and
convenient access to his land and improvements ACRE A quantity of lands containing 43,560 square
thereon even though not at all points where it feet, or .4047 hectares of land.
abuts upon the highway.
ACTION BY TENANT IN COMMON AGAINST CO-TEN-
ACCIDENTAL ERROR In surveying and cartography, ANTS ORS 105.615. An action may be brought
any small error accidentally incurred in measur- under ORS 105.605 by a tenant in common of real
ing a distance or angle. property to establish adverse possession as against
ACCOUNT NUMBER A number assigned to each all other cotenants if the tenant in common (1) has
property by which it is listed and identified on the been in possession of the real property, exclusive
assessment roll and tax roll. ORS 308.215 requires of all other cotenants, (2) for an uninterrupted
that property be listed in sequence by account period of 20 years or more, and (3) has paid all
number. Any number permanently assigned to a taxes assessed against such property while in pos-
property can serve this purpose. The Oregon State session.
Standard Tax Lot Number is recommended as the ACTUAL NOTICE The knowledge of facts which would
permanent account number. This is the number naturally lead an honest and prudent person to
used by most Oregon counties. make an inquiry. The filing of an unrecorded deed
A few counties having electronic data processing with the assessor would be actual notice that the
systems use a permanent computer-generated ownership of a parcel of land has changed hands.
number as an account number. In these coun-
ACUTE ANGLE An angle less than 90.
ties, the State Standard Tax Lot Number serves as
a condensed property description on the assess- ACUTE TRIANGLE A triangle in which all angles are
ment roll, tax roll, tax statement, and other docu- less than 90.
Glossary-5
ADJACENT Lying near, close to, in close proximity, An important element of adverse possession and
neighboring, or bordering. Adjacent can mean, but prescription.
does not necessarily mean, abutting.
AERIAL MOSAIC See mosaic.
ADJOINING Touching, abutting, contiguous with.
AERIAL PHOTOGRAPH A photograph of a part of the
ADJUSTED POSITION An adjusted value for the hori- earths surface; taken by special cameras mounted
zontal or vertical position of a survey station; in in aircraft.
which discrepancies due to errors in observed
AERIAL PHOTO INTERPRETATION See photo inter-
data are removed.
pretation.
ADMINISTRATION (Probates) Any proceeding relat-
AERIAL PHOTO OVERLAP The amount, expressed as a
ing to the estate of a decedent, whether the dece-
percentage, that one aerial photo overlaps the area
dent died testate, intestate, or partially intestate.
ORS 111.005. of the adjoining photograph. There are two basic
types of overlap: end lap and side lap. End
ADMINISTRATOR (Probates) A personal representa- lap is the overlapping of aerial photos in the same
tive lawfully appointed to manage and settle the flight; side lap is the overlapping of aerial photos
estate of a deceased person. in adjoining flights.
ADMINISTRATOR DE BONIS NON (Probates) A per- AERONAUTICAL CHART A map used by pilots, that
sonal representative appointed by the court to shows topography, obstructions, and other data
administer an estate left unsettled by the former essential to navigation.
administrator.
AEROTRIANGULATION An instrumental process for
AD VALOREM (LATIN) . According to value. establishing the coordinate values of photo targets
ADVERSE POSSESSION A right to acquire title by the by orientation to ground control targets. Often re-
possession of land. In the 1970 case of Grimztad ferred to as phototriangulation.
v. Dordan, 256 Or. 135, 471 P.2d 778, the Supreme AFFIDAVIT OF TITLE A sworn statement of the owner
Court held, to establish ownership of land by ad- of a parcel of real property stating that: (1) he is the
verse possession, it must be shown that possession owner of the parcel, (2) his possession has not been
was actual, open, notorious, hostile, continuous, disturbed, (3) his title is free and clear of encum-
exclusive, and under claim of right or color of title brances, and (4) no repairs, alterations, or improve-
for a period of ten years (ORS 12.050). An element ments, which have not been completed for longer
of adverseness or hostility is established for pur- than the period of filing a mechanics lien prior to
poses of adverse possession when it is shown that the date of the instrument, have been made to the
land was occupied under the mistaken belief on premises.
part of the occupier that land in question belonged
to him (or her). Possession need not be absolutely AFFIRMATIVE EASEMENT An easement that gives an
exclusive to establish title by adverse possession owner access to landlocked property, by court of
if it is of kind to be expected of an owner under order.
circumstances. See: Nevin v. Smith, 238. Or. 347, 584 AGONIC LINE The line drawn through points having
P.2d 251. In WhitIey v. Jacobs, 278 Or. 541,564 P.2d zero declination.
1057, the court said, An adverse possessor has a
heavy burden to establish his claim of ownership. AGREEMENT A mutual contract or consideration
Also, it was held in Nedry v. Morgan, 284 Or. 65, 584 wherein the parties must have an intention com-
P.2d 1381, Knowledge of an outstanding interest mon to both, without doubt or difference. An in-
in property does not preclude possessor from ex- strument that is evidence of an agreement.
ercising claim of right required for adverse posses-
AGREEMENT OF SALE A contract to sell, or a contract
sion. For purposes of adverse possession, a claim
obligating one party to sell and obligating the oth-
of right meaning their possession is not permis-
er party to purchase. An agreement of sale does
sive and that the part in possession has not led the
not transfer property.
true owner to believe that he (or she) recognizes
the owners rights. See: Prescription. ALIENATION The voluntary and complete transfer of
real property from one person to another.
ADVERSE USER A use or enjoyment of property,
under a claim of right, as the owner would make, ALLODIAL Means, Free; not holden of any lord or
asking no permission, and disregarding all other superior,, owned without obligation or vassalage
claims. to it, so far as they conflict with this use. or fealty; the opposite of feudal. Department of
Glossary-6
Justice opinion (150-303-4-00913; 83-261, allo- zium. The altitude is always measured perpen-
dium deeds). dicular to the base.
The most recent reference to the term, by the AMBIT A boundary line.
courts, was in a 1965 Maryland case where owners
of corner lots contended that a zoning ordinance, ANALYTICAL BRIDGING The assembly, evaluation,
requiring them to remove sight obstructions at mathematical analysis, selection and rejection of
their own expense, constituted an unconstitu- all horizontal surveys. The purpose is to build a
tional taking of property without just cornpen- continuous network of survey quadrilaterals to
sation. The court held that the ordinance could bridge as many cadastral map elements as pos-
validly limit the height of barriers, but could not sible. See Chapter 12.
require removal of existing barriers at the owners ANCIENT DEED A deed thirty years old or older, that
expense. The court said that although property
comes from proper custody and being held non-
in the United States is held by allodial tenure
suspicious in nature.
(meaning land owned absolutely, and not subject
to any rent, service or other tenurial right of an ANGULAR ERROR OF CLOSURE See closing the hori-
overlord), it is uniformly recognized throughout zon. See Chapter 6.
this country that the ownership of property is
subject to the rights of government to tax the ANNEX To attach, unite, or subjoin.
property, to regulate reasonably its use and en- ANNUAL VARIATION The annual changes in mag-
joyment under the police power of the states, and netic declination.
to take the same, upon payment of value thereof,
when needed for a public use. See: Stephens v. City APPARENT SHORELINE A line drawn on a map or
o/Salisbury, 3.40 Md. 556, 214 A.2d 775, 778, 1965. chart in lieu of the mean high water line (MHWL)
or the mean water level MWL) in areas where ei-
ALLODIUM DEED Synonymous with allodium free- ther may be obscured on aerial photos by marsh,
hold title deed at common law.
overgrowth, or marine vegetation.
ALLODIUM Freehold title deed at common law. An
APERTURE CARD (Micrographics). A card with one or
instrument of no legal significance; a nullity that
more rectangular holes for mounting or inserting
should be ignored by the assessor; Department
microfilm.
of Justice (150-303-4-00913; 83-261; allodium
deeds). APEX The uppermost point; vertex.
These allodium deeds are being filed or record- APPORTION To distribute proportionally. See Chap-
ed with the apparent purpose of placing the land ter 9.
beyond the reach of the tax collector and govern-
ment regulations. The document is based on the APPROXIMATE An estimate meaning very nearly, but
principal that since land is allodial in nature, or not absolutely. The term denotes uncertainty of
is held by allodial tenure, it is not holden or any measurement. Approximate is considered closer
lord or superior (or government). But the declara- than more or less but not as close as about.
tion that the land is the owners allodium adds
APPERTENANCE Incidental to the land; a building,
nothing to an owners rights, and does not exempt
water rights, easement, etc.
it from taxation. See: Land patent and opinion
150-303-04-00913; 83-261. ARC A portion of a curved line.
ALLUVION (1) The wash and flow of water against ARC SECANT The inverse function to a secant (sec).
a shore, (2) inundation, flood, (3) an accession to See Chapter 9.
land by the gradual addition of alluvium. The term
is often referred to as accretion. See Chapter 10. ARC SINE The inverse function to the sine (sin). See
Chapter 9.
ALLUVIUM Soil, sand, gravel, etc., deposited by run-
ning water. See Chapter 10. ARC TANGENT The inverse function to the tangent
(tan). See Chapter 9.
ALTITUDE (Geography) The reference points or ob-
jects above the earths surface. It does not mean ACRE A metric unit of square measures; 100 square
elevation, but it, can mean elevation above datum. meters; 119.60 square yards. Abbreviated a.
ALTITUDE (Geometry) The distance between the base AREA The surface of land included within a set of
and uppermost side, or point of, a parallelogram, lines or boundaries; the number of unit squares
trapezoid, rectangle, square, rhombus, and trape- equal in measure to the surface of land.
Glossary-7
ARITHMETIC MEAN A value that is computed by di- AZIMUTH CIRCLE A circle passing through the ze-
viding the sum of a set of terms by the number of nith and cutting the horizon perpendicularly. See
terms. Chapter 4.
ARM An inlet of water. BACK AZIMUTH The azimuth of line B to C, in Figure
44, is the forward azimuth. The azimuth of the
ARPENT A unit of land area equals to 0.85 acres.
same line from C to B is the back azimuth. The
ARTERIAL A through street or highway. forward and back azimuths of a line always differ
by 180. See Chapter 4 and Figure 4-4.
ASPECT RATIO (Micrographics) The ratio of width to
height of an image, document, or other material. BACKLANDS An indefinite description of lands lying
ASSESSMENT CADASTRE The inventory of real back from a body of water or highway.
property, cadastral maps, map records, appraisal BACKSHORE That part of a beach which is usually
records, ownership lists, assessment roll, state- dry, being reached only by the highest tides, and
ments of value, etc.; used for the purpose of justly by extension, a narrow strip of relatively flat coast
apportioning ad valorem taxes on such property. bordering the sea.
See discussion in Chapter 1.
BACKSIGHT A sight on a previously established tra-
ASSETS Real, personal and intangible property. See verse or triangulation station, which is not the
OPUS 111.005. closing sight of the traverse. In leveling, backsight
ASSIGNEE The person to whom an assignment has relates to a reading taken on a point of known el-
been made. evation.
ASSIGNMENT The transfer of the interest one has in BAD TITLE A title that is so defective as to not convey
real estate. property. It is not marketable title.
ASSIGNOR The party making the assignment. BALANCING A SURVEY Correcting the error of clo-
sure of a traverse and obtaining an adjusted posi-
ASSIGNS The party to whom property should have tion for each traverse station
been transferred.
BANK Edge of a cut or fill; the margin of a water-
ASTORIA SEA WALL CHARTER ACT (of 1891) An act to course.
be entitled an Act to Authorize the City of Astoria
to Erect a Sea Wall and to Grade the Streets, and BARGAIN A contract or agreement between two par-
Construct Sewers in Connection Therewith, and ties; one to sell lands and the other to purchase
to Issue Sea Wall Bonds. (1891 Special Laws, p. them.
594, from 21-81-1891, HB 67). Repealed by the 1893 BARGAIN AND SALE DEED An instrument that con-
Legislature. veys the entire interest in the described prop-
AUTOPOSITIVE FILM A transparent reproduction erty at the date of the deed, which the deed pur-
mylar-based film, that gives a positive print from ports to convey. ORS 93.860. The bargain and sale
a positive original or a negative print from a nega- deed reads almost the same as a warranty deed,
tive original. but does not usually contain warranties against
encumbrances, or of any kind. See Chapter 13.
AUTOTAPE An electronic distance-measuring instru-
ment applied in precision hydrographic survey- BARGAINEE The grantee of an estate in a bargain and
ing. The range of the autotape is line-of-sight. sale deed.
AVERAGE Equaling arithmetic mean. BARGAINOR Party making the bargain.
AVULSION A sudden and perceptible action of water BASE LINE A surveyed line established with more
resulting in the separation of land from the land of than usual care, used as the known length of a
one owner and the deposit of it onto the land of an- triangle (in triangulation) for computing other
other owner, i.e., a stream leaving its old bed and triangle sides.
creating a new bed. The title to the lands is seldom
BASE LINE, OREGON A line running east and west,
destroyed by avulsion. See Chapter 10.
through Oregon, on a true parallel of latitude
AZIMUTH The horizontal angle measured clockwise based on an independent initial point (the point
between North or South and the line to an ob- being at lat. 45 31 11 and long. 122 44 34, the
served or described point. Azimuths may be true, initial point of the Willamette Meridian). The base
magnetic, or assumed, depending on meridian. line serves as the north-south origin for rectangu-
See Chapter 4. lar surveys in Oregon. See Chapter 5.
Glossary-8
BASE LINE (TRIANGULATION) One side of a series of pass can usually be extended by the insertion of
connected triangles, the length of which is mea- extra linkage.
sured with prescribed accuracy and precision, and
BEARING The direction of a line within a quadrant,
from which the lengths of the other triangle sides
with respect to meridian.
are obtained by computation. Important factors in
the accuracy and precision of base measurements BEARING TREES A tree, which is used as a reference
are the use of standardized invar tapes, controlled to the position of a corner.
conditions of support and tension, and corrections
BED OF A BODY OF WATER (1981) The land that is
for temperatures, inclination, and alignment. Base
covered by water in its ordinary low stage. Oregon
lines in triangulation are classified according to
Statutes use the phrase submerged lands to de-
the character of the work they are intended to
scribe the land lying below the low-water mark,
control, and the instruments and methods used in
whether in tidal or nontidal waters. See ORS
their measurement are such that prescribed prob-
274.705(7) and ORS 274.005(5).
able errors for each class are not exceeded. These
probable errors, expressed in terms of the lengths, BED OF A BODY OF WATER (GENERAL) The land that
are as follows: first order, 1 part in 1,000,000; sec- is covered by water in its ordinary high water or
ond order, 1 part in 500,000; and third order, 1 part mean high water stage.
in 250,000.
BENCH MARKS A point whose elevation above or be-
BASE NET A small net of triangles and quadrilaterals low some definite or assumed datum is known. A
used to expand from a base line to a line of the benchmark can be natural or artificial; and, it can
main scheme of a triangulation net. be either permanent or temporary.
BASIC CONTROL In cadastral cartography, the hori- BENCHMARKS, TIDAL Benchmark set to reference a
zontal control of the base control map. The basic tide staff at a tidal station, the elevation of which is
control is the position of points which has been ac- determined with relation to the local tidal station.
curately coordinated and correlated by a method
BENEFICIARY (Trust Deeds) ORS 86.705(l): Ben-
called analytical bridging, forming a network of
eficiary means the person named or otherwise
lines to which other surveys and deeds are ad-
designated in a trust deed as the person for whose
justed. See Chapter 12.
benefit a trust deed is given, or his successor in
BASIC CONTROL MAP A graphic-geometric network interest, and who shall not be the trustee unless
of primary survey quadrilaterals that serve as a the beneficiary is qualified to be a trustee under
base for: secondary surveys, the lines and points paragraph (d) of subsection (1) of ORS 86.790.
to be plotted from instruments of conveyance, and
BEQUEATH To give or leave, by will, personal prop-
the natural and cultural features to be supplied by
erty to another. Often used synonymously with
aerial photography. Generally, synonymous with
devise; however, devise is the term used to will
basic map control, control map base or control. See
realty.
Chapter 12.
BERM The nearly horizontal portion of a beach or
BASIC LAND UNIT (Oregon Standard Cadastral Map Sys-
backshore having an abrupt fall and formed by
tem). The parcel, or land parcel.
wave deposition of material and marking the limit
BATHIMETRY Science of measuring water depths to of ordinary high tides.
determine the topography of the bed.
BERM CREST (or Berm Edge) The seaward limit of a
BEACH BERM The nearly horizontal part of a beach berm.
or backshore formed by the deposit of material by
BETTER DESCRIBED Clearly delineated.
wave action. Some beaches have no berms, others
have one or several. BETWEEN A space which separates.
BEACH EROSION Carrying away of beach materials BLANKET ENCUMBRANCE, ORS 91.500. (HB2968, 1979
by wave action, tidal or littoral currents, or wind. Laws Relating to Condominiums) A trust deed
or mortgage or any other lien or encumbrance,
BEACH ZONE LINE The line of vegetation that borders
mechanics lien or otherwise, securing or evidenc-
Oregons beaches. The official beach zone line, or
ing the payment of money and affecting more
vegetation line, is established and described by
than one unit in a condominium, or an agreement
ORS 390.770.
affecting more than one such unit by which the
BEAM COMPASS A drafting tool used for construct- developer holds such condominium under an op-
ing simple curves with long radii. The beam com- tion, contract to sell or trust agreement.
Glossary-9
BLOCK A square or portion of a city, town, town- BUTTALS The bounding lines of land at the end. See
site or subdivision that is usually surrounded by metes and bounds.
streets. However, one or more sides of a block may
BUTTED AND BOUNDED Sometimes used in a deed to
abut an alley, railroad, highway, rim of a cliff, a
introduce the traverse of real property boundar-
subdivision line, another parcel of land, body of
ies.
water, another block, or subdivision, etc.
BUTTS AND BOUNDS Means the same as metes and
BODY OF AN INSTRUMENT The operative part; as dis-
bounds.
tinguished from recitals, title, etc.
CADASTER English spelling of the French cadastre.
BORDER See boundary.
See cadastre. The French spelling is preferred.
BORROW PITS A source for materials used for land- See Chapter 1.
fills or embanking.
CADASTRAL Relating to a cadaster, cadastre, or sur-
BOTTOM LAND The land formed by alluvial deposits vey. See Chapter 1.
along a river or valley.
CADASTRAL CARTOGRAPHY The science and art of
BOUNDARY Every separation, natural or artificial, making cadastral maps. See Chapter 1.
which marks the confines or line of division of
CADASTRAL MAP The base of the assessment cadas-
two contiguous estates: Blacks. A bounding or
tre. A map that shows the size, shape and extent
separating line that fixes a limit or extent of an
of each land, parcel in a prescribed geographical
estate, city, county, taxing district, etc.
area. See Chapter 1.
BOUNDARY MONUMENT A material object placed on
CADASTRAL SURVEYS The establishment of land
or near a boundary line to preserve and identify
boundaries and subdivisions by the running and
the location of the boundary line on the ground.
marking of the lines that are required by the plan
BOUNDARY, NATURAL Any formation or product of of the cadastral surveys of the United States. In
nature which may serve to define and fix one or general, it is any survey executed to measure the
more of the lines enclosing an estate or piece of boundaries of land parcels.
property. Peuker v. Cantor, 62 Kan. 363, 63 P. 617;
CADASTRE See the following definitions. Synony-
Blacks.
mous with cadaster.
BOUNDARY SURVEY A survey made to establish or
CADASTRE, ASSESSMENT The inventory of real
re-establish a boundary line on the ground, or to
property, cadastral maps, map records, appraisal
obtain data for constructing a map or plat showing
records, ownership lists, assessment roll, state-
a boundary line.
ments of value, etc.; used for the purpose of justly
BOUNDS The boundaries of parcels of land. See apportioning ad valorem taxes on such property.
metes and bounds. See discussion in Chapter 1.
BREAKING TAPE A method of determining distances CADASTRE (HISTORICAL) A detailed register, inven-
between points on uneven or sloping ground. To tory, statement of public record, of lands, their
accurately determine the distance, short, hori- extent, ownership, locations and value; executed
zontal measurements are taken at intervals, up or by governments as a base of property tax systems.
down the slope or uneven ground. See Chapter 1.
CADASTRE (JURISPRUDENCE) An official statement of
the quantity and value of real property in any dis-
trict, made for the purpose of justly apportioning
the taxes on such property. Strothers v. Lucas, 12
Pet. 410, 428 note 9 L. Ed. 1137. See Chapter 1.
CADASTRE, LEGAL The land title recording system;
i.e. recorded deeds, mortgages, contracts, indexes,
etc. See Chapter 1.
CADASTRE (MODERN) A comprehensive, modern
land data system, composed of interrelated sub-
systems such as the assessment cadastre, legal
cadastre, survey cadastre, demographic cadastre,
etc. See Chapter 1.
Glossary-10
CADASTRE, SURVEY The record of cadastral surveys placed in between the pieces; each assembly made
(that is, of land boundary, or parcel boundary sur- up one 7.92-inch link. In the early 1900s, steel rib-
veys). bon tapes replaced chain devices; however, the
tapes were still referred to as chains. Later, the
CAMS The acronym for Computer Assisted Mapping
engineer chain was developed. It is 100 feet long
System.
and divided into 100 links, each link being 1 foot
CARDINAL POINTS The four main points of the com- long. When reference is made to the chain it
pass: north, south, east and west. must be considered to be 66 feet long unless engi-
CARTOGRAPHER One who practices the science and neer chain is specifically mentioned.
art of cartography. A person who makes maps as CHAIN-OF-TITLE In general, a chain-of-title is the suc-
a profession. cessive conveyances commencing with the patent
CARTOGRAPHY The science and art of making maps. from the United States or from some other source
and including the last instrument of conveyance
CARTOMETER A device consisting of a small wheel to the one claiming title. In the context of this
and a calibrated dial used to measure distances on definition an unrecorded deed would be in the
a map by following the desired route. chain-of-title, except in, the case where a subse-
CENTER The middle, or central point or portion of quent bona fide purchaser (from the same grantor
anything. Does not always mean the geographic of the unrecorded deed) records first: In most legal
or mathematical center. cases, chain-of-title includes only recorded deeds
(however, recording itself does not mean the deed
CENTROID A variable, tied to a coordinate system,
is in the chain). The fact that a deed is not recorded
that represents the approximate center of a poly-
(therefore, not in the recorded chain-of-title) does
gon.
not mean that title has not passed to the grantee
CERTIFICATE OF FORECLOSURE A certificate stating of the deed. In absence of a subsequent purchaser
that a particular mortgage has been foreclosed (who has recorded), the grantee of an unrecorded
upon, the date of the foreclosure, and the number deed has nearly as good a title as one who has
of the journal and page in which the deed is en- recorded. Chain-of-title is a matter for title compa-
tered. ORS 97.720. nies, attorneys and the courts; not the assessor.
CERTIFICATE OF PROOF Oregon law requires that ev- CHANNEL The bed in which the main stream of the
ery officer who takes the proof of any conveyance river flows. The channel can be, but is not always,
shall endorse a certificate thereof, signed by him- the thread of a river (see thread of a stream). The
self, on the conveyance. In the certificate he shall terms thread and channel should not be used
set forth those matters required by ORS 93.440 to synonymously. The main channel is the bed of a
93.460 to be done, known or proved together with body of water over which the principle volume of
the names of witnesses examined before the offi- water flows the deepest and most navigable chan-
cer, and their places of residence and the substance nel. See Chapter 10.
of the evidence given by them. ORS 93.470.
CHIP (MICROGRAPHICS) A piece of microfilms con-
CHAIN A unit of measure 66 feet in length. taining one or more microimages and coded iden-
The chain unit was the invention of Edmund tification. Chips are used in automatic retrieval
Gunter, a 17th century English astronomer. The systems and are usually 35mm wide and not more
Gunter chain was used because the ordinary than 3 inches long.
foot chain was not suited to the acre unit of area CHOPPER (MICROGRAPHICS) The mechanical or pho-
measurement. The following shows the simple tochemical process of separating prints in a roll of
relationship which the Gunter chain bears to the film.
mile and acre.
CHORD A straight line drawn or extended from one
1 Gunters chain = 4 rods = 66 = 100 links end of an arc of a circle to the other end of the arc.
1 mile = 80 chains
1 acre = 10 sq. chains CIRCLE POSITION A prescribed setting (or reading) of
the horizontal circle of a direction theodolite, to be
The term chain was derived from a chainlike
used for the observation on the initial station of a
measuring devise that was divided into 100 links.
series of stations that are to be observed.
Each link was made up of an assembly of short
pieces of heavy iron (later steel) wire, which were CIRCULAR CURVE A simple curve having an arc of
bent at the ends to form rings. Three rings were one radius.
Glossary-11
CIRCUMFERENCE The perimeter of a circle. The exter- CLOSING THE HORIZON Measuring the last of a
nal boundary or surface of a figure or object. series of horizontal angles at a station; a survey-
ing process required to make the series complete
CLAIM OF OWNERSHIP Regarding adverse posses-
around the horizon. The sum of the horizontal
sion, a claim of land as ones own, irrespective of angles between adjacent lines should equal 360 at
any semblance of color of title, right or title. Often any station. The amount by which the sum of the
used syn-onymously with claim of right, claim measured angles fails to equal 360 is the angular
of title, or right and title. A claim of ownership, error of closure. This error is usually distributed as
or claim of right necessary for adverse possession a correction among the measured angles to make
depends upon intent of part in possession to hold their sum equal 360. See Chapter 6.
property exclusively and can exist even though
party is aware of outstanding interest in third CLOUD ON TITLE An apparent defect in a deed,
mortgage, or other instrument; or, an outstanding
party.
claim or encumbrance which, if valid, would af-
CLARKE SPHEROID The dimensions and shape of fect or impair the title of the owner of a particular
the earths sphere (called a geoid) as determined estate; i.e., an incorrect description of the property
in 1866 by an English geodesist, A. R. Clarke. See lines, or a tax delinquency.
ORS 93.330, Clarke spheroid a requirement. COASTAL AREA Land and sea area bordering the
Equitorial radius = 3,963.3 Stat. mi. shoreline.
Equal area rad. = 3,958.7 Stat. mi. COASTAL BOUNDARY Boundary within the coastal
Polar semiaxes = 3,949.7 stat. mi. zone, excluding one established by treaty or by
Equitorial circumf. = 24,902 mi. the U.S. Congress A general term for a boundary
Surface area = 197,260,000 sq. mi. defined as the line (or measured, from the line or
CLEAR TITLE Title that is free from defects, doubts points thereon) used to depict the intersection of
and litigious uncertainties; a title that would the ocean surface and the land at an elevation of a
particular datum.
qualify as marketable title.
COASTAL ZONE As defined in the Coastal Manage-
CLERICAL ERROR An error on the assessment roll
ment Act of 1972 (amended) the coastal waters
arising from an error in records of the assessor or
(including the land therein arid thereunder) and
which is a failure to correctly reflect the assessors
the adjacent shorelands (including the waters
records, and which had the assessor discovered
therein and thereunder), strongly influenced by
it prior to May 1 of the year of assessment would each other and in proximity to the shorelines of
have been corrected as a matter of course. And the several coastal states, and includes transitional
where the information necessary to make the cor- and intertidal areas, salt marshes, wetlands and
rection is contained in such records at the time the beaches. The zone extends seaward to the outer,
roll for the year is returned to the assessor from the limits of the United States territorial sea, and in-
Board of Equalization. Includes, but are not limit- land from the shorelines only to the extent neces-
ed to arithmetic and copying errors, and omission sary to control shorelands, the uses of which have
or misstatement of a land, improvement or other a direct and significant impact on the coastal
property value on the roll. See ORS 311.205. waters; excluding lands the use of which is by law
subject solely to the discretion of, or which is held
CLOCKWISE ANGLE A horizontal angle measured
in trust by the Federal Government.
from left to right. See Chapter 4.
COASTLINE The configuration made by the meeting
CLOSED TRAVERSE A traverse that starts and ends at
of the land and sea.
the same point, or at points whose relative hori-
zontal positions are known. A traverse that forms CODE The code number or code area. Also known as
a continuous loop enclosing an area is known as the levy code or tax-rate code.
a loop traverse (also being a closed traverse). CODE AREA A specific area of land within which
Another kind of closed traverse is a connecting there is a unique combination of taxing districts
traverse that starts and ends at separate points yielding a given composite tax rate. Each code area
whose relative positions have been determined is assigned a code number.
by a survey of equal or higher-order accuracy. See
CODE LINE A line that represents the boundary or
Chapter 6.
boundaries of a taxing district or taxing districts.
CLOSING ERROR See error of closure. See Chapter The code number, not the code line, identifies the
6. combination of taxing districts.
Glossary-12
CODE MAPS Maps that show all code areas, code enforcing such usages and customs, and, in this
lines, and code numbers in a county, or a part of a sense, particularly the ancient unwritten law of
county. Code maps should not be confused with England. In 1842, Congress provided that the civil
taxing district maps; the code maps show the and criminal jurisdiction of the supreme courts
combination of taxing districts; the taxing district and district courts of the Territory of Iowa would
maps show and identify each taxing district. apply to the entire western United States. Oregons
common law is as it existed under English statutes
CODE NUMBERS Numbers assigned each code area in
antedating the American Revolution.
the county to identify the various taxing districts
that make up each code area. Common law rules can be classified as:
COLOR OF TITLE That which in appearance is title, 1. Rules of law.
but which in reality is not title. Color of title im-
2. Rules of construction.
plies that a valid deed has not passed. To be effec-
tive as color of title, a deed must describe the land 3. Rules of intent
with a degree of certainty essential to ascertain the
Rules of law rely upon express language. They
land boundaries.
generally apply definite legal significance, some-
COLOR SEPARATION Process of preparing a separate times contrary to the intent of the parties.
drawing, engraving, or negative for each color
Rules of construction are used to give legal sig-
required in the printing production of a (color)
nificance to ambiguous phraseology (commonly
map.
found in deeds).
COMMERCIAL PROPERTY (ORS 105.850) As used in
Rules of intent operate only after all admissible
ORS 105.850 to 105.870 (Action for Reduced Com-
collateral evidence has been considered, and the
mercial Property Value Resulting From Street Use
intent cannot be determined.
Restriction): Commercial property means land
and improvements used in a business operated COMMON-LAW ABANDONMENT (public ways) A
thereon for the production of income, one of the method of abandonment other than by statutory
principal aspects of which is the storing of motor law. Some act or ordinance by a public agency
vehicles or the providing of lodging to traveler could result in a cessation of use by the public for
using private conveyances. 1973 Or. Laws ch. 702 public travel, taking on all the characteristics of
sec 1. a common-law abandonment. However, such an
abandonment cannot act to deprive the public of
COMMON AREA See general common elements.
its easement over the way. In Martin v. Klamath
COMMON ELEMENTS (UNIT OWNERSHIP) The general County, 39 Or. App. 455, 592 P.2d 1037, the Court
and limited common elements of a unit ownership of Appeals noted that the fact that the legislature
as described by ORS 91.500(6), (12) and (14). provides a method whereby a county (or a city)
may abandon a road (street or alley) is positive
COMMON LAW As distinguished from statutory
inhibition. Against other methods of termination
law created by legislative action, common law is
(such as common-law abandonment).
that body of law based on custom and precedent,
unwritten in statute or code. It is the body of law COMMON-LAW DEDICATION As distinguished from
and juristic theory developed and formulated in a statutory dedication, a dedication arising by op-
England. It was adopted and further developed in eration of law from the acts of the owner. A com-
the United States, adopted by the 1844 Legislative mon-law dedication, often termed an implied ded-
Committee of the Provisional Government of the ication, may exist by an express grant and need
Oregon Territory, and by the State of Oregon as not be evidenced by any writing, nor indeed by
provided in Article XVIII, Section 7 of the Oregon any form of words oral or written. It is not founded
Constitution. In Western Union Tel. Co. v. Call Pub. on a grant nor does it necessarily presuppose one,
Co., 21 S. Ct. 561, 181 U.S. 92, 45 L. Ed 765, the court but is founded upon the doctrine of equitable es-
explained, As distinguished from law created by toppel. It is in the nature of an estoppel in paiz, and
the enactment of legislatures, the common law is irrevocable. It may be established by evidence
comprises the body of those principles and rules of conduct and in many ways. If the donors acta
of action, relating to the government and secu- are such as to indicate an intention to appropriate
rity of persons and property, which derive their the land to the public use, then upon acceptance
authority solely from usages and customs of im- by the public the dedication becomes complete:
memorial antiquity, or from the judgements and Portland Ry., L. & P. Co. v. Oregon City, 85 Or. 574,
decrees of the courts recognizing, affirming, and 166 P. 932, cit Elliott on Roads and Streets, 3d ed. 137.
Glossary-13
It has been held in Oregon that the sale of a single COMPASS An instrument used to determine direc-
lot, with reference to a plat showing streets and tion by means of a magnetic needle, or needles
alleys open to the public (or implying the same), that turn freely on a pivot and point to magnetic
constitutes acceptance of the streets and alleys by north.
the public. A common-law dedication has all the
COMPASS CARD An annular disk attached to the
force and effect of a statutory dedication, except
frame of a compass. The compass card is usu-
that neither a county nor a city is required to
ally graduated in degrees; however, some com-
maintain, in repair, or improve a street, alley, or
pass cards are graduated in points, one quarter
other public road established by a common-law
points, cardinal points and intercardinal points.
dedication (unless, by formal, informal, express or
See points, points, intercardinal, and points,
implied acceptance has been made by a county or
cardinal.
city). Synonymous with implied dedication and
parol dedication. COMPASS DIRECTION Direction as indicated by a
compass without any allowances for instrumental
COMMON LAW OF OREGON The laws in force in the error.
Oregon Territory were those laws prescribed by
the 1844 Legislative Committee of the Provisional COMPASS, DRAFTING A drafting tool used for con-
Government, Le. the common law of England structing circles or arcs. See Chapter 11.
and the principles of equity not modified by the COMPASS, GYRO A complex instrument used for
statutes of the Iowa Territory, or this government indicating true north with regard to magnetic
shall be the law of the land. In Peery v. Fletcher, conditions.
93 Or. 43, the Oregon Supreme Court concluded
that the rules and principles of the common Law COMPASS ROSE A diagram, shown on some maps
of England (as they existed prior to the American and charts, that consists of two or three concentric
Revolution) are to be in full force (in Oregon); that circles that graphically illustrate true and mag-
is, so far as they are applicable and are of a general netic directions. The outer circle of a compass rose
nature, and are not in conflict with the Constitu- has its zero, true north; the inner circles, or circles,
tion or special enactments of the legislature. The are oriented too magnetic north. The innermost
Territorial Laws became laws of this state via Art. circle on a three-circle rose (used mostly on nauti-
XVIII, Sec. 7 of the Oregon Constitution, i.e. All cal charts) is usually graduated into points. Each
laws in force in the Territory of Oregon when this point equals 11.75 degrees. The outer circles are
Constitution takes effect, and consistent there- usually graduated by the sexagesimal system.
with, shall continuos in force until altered, or COMPILATION The preparation of a new or revised
repealed. cadastral map, or portion thereof, from existing
The established common law of Oregon today is maps, aerial photographs, field surveys and other
that body of customary law, founded on English records.
Common Law and the principles of equity not COMPOUND CIRCULAR. CURVE A curve of changing
modified by the statutes of the Iowa Territory, radii made up of a series of adjoining curves, each
or this government; based on judicial decision with a different radius. The curves are usually tan-
embodied in the reports of cases decided in the gent at the point where they join. See Chapter 8.
Oregon Supreme Court and Court of Appeals;
COMPUTER OUTPUT MICROFILMING (MICROGRAPH-
made by applying custom, reason and established
ICS) The conversion of data from a computer into
legal principles to general disputes; and made in
readable language on microfilm.
consideration of the lex situz. Like statutory law,
the common law can be altered by the legislature, CONDEMNATION The legal proceedings to take
but any alteration it subject to the strictest legal in- property for public (never private) use, with just
terpretation because: where a common law principle compensation being first made or secured in such
exists, it very likely has the consequence of a property manner as prescribed by law. A process by which
right protected by the United States Constitution and the property of a private owner is taken, under
the Oregon Constitution. right of eminent domain, for public use, without
the owners consent, but upon the award and pay-
COMMON OWNERSHIP Shared among several; owned
ment of just compensation. Condemnation must
jointly by several.
be done under the restrictions of Amendments V
COMMON SCHOOL GRAZING LANDS See ORS and XIV of the U.S. Constitution, and Art. 1, Sec.
273.805. 18, and Art H, Sec. 4 of the Oregon Constitution.
Glossary-14
CONDITIONAL FEE A fee simple interest in property, as a hotel as defined in ORS 699.005, the units of
limited or restrained by a condition, that upon a which are offered for sale as securities pursuant
specific occurrence, may be terminated. to ORS chapter 59 and are otherwise regulated by
the provisions of ORS 94.004 to 94.480 and 94.991.
CONDITIONING (MICROGRAPHICS) The process of re-
(2) As used in ORS 94.331 to 94.412, 94.424 to 94.480
storing microfilm after being stored. The process
and 94.991, except as limited by paragraph (c)
includes rehumidifying and cleaning. Condition-
of subsection (1) of this section, condominium
ing also includes retaining microfilm a certain
also includes property located outside this state,
length of time at a specific temperature and hu-
any part of which is residential in nature, which
midity, before testing.
has been committed to the condominium form
CONDOMINIUM A system of separate ownerships of ownership in accordance with the laws of the
of individual units in a multi-unit building, or in jurisdiction within which the property is located.
a garden, or subdivision style development. In a (Formerly ORS 91.599;, 1985 ch. 760 sec 1.) There
typical condominium, the buyer purchases his or are subdivisions that have the characteristics of a
her own unit that may be attached to other units, condominium, but are not condominium, legal or
may be in an apartment-style building, or may otherwise. Some are what is known as a planned
stand alone (like a house). However, the buyer unit community, provided for by ORS 94.550 to
is a joint owner in common with all other own- 94.783. To be a legal condominium in this State,
ers of the general common elements (such as the the word condominium or condominiums
land, sidewalks, roadways, etc.), and may be a or words a condominium must be part of the
joint owner, with certain other owners, of limited condominium .name on the plat, the declaration,
common elements (such as a moorage slip). Some deeds, and anywhere else the condominium name
subdivisions have many of the characteristics of a appears (see ORS 94.029). The short title for ORS
condominium, such as common areas, but are not 94.004 to 94.480 and 94.991 is cited as the Oregon
condominiums. Ad valorem tax laws and cadastral Condominium Act (by ORS 94.011).
map standards for condominium, should not be
CONFORMAL PROJECTION A map projection of
applied to any development that is not expressly
which the shape of any small area of the earth is
identified on the plat as a condominium, con-
truly rendered. See Chapter 7.
dominiums or a condominium (as required by
ORS 94.029(5)). CONIC PATTERN OF DEFORMATION A graphic il-
lustration of the conic plane, effective zones, and
CONDOMINIUM ORS 91.599 (HB 2968, 1979) includes
zones of deformation.
property, any part of which is residential in na-
ture, submitted to the provisions of ORS 91.500 CONIC PLANE The surface of a cone in a conic map
to 91.990. The term does not include any property, projection. See Chapter 7.
which is wholly commercial, industrial or com-
CONIC PROJECTION A map projection developed
mercial and industrial in nature, submitted to the
by transforming a zone of the spherical surface
provisions of ORS 91.500 to 91.671 and 91.990. As
of the earth to a conic plane. In the projection, a
used in ORS 91.602 to 91.671 and 91.990, condo-
cone aligned with the earth axis is developed over
minium also includes property located outside
a northern or southern part of the earths sphere.
this state, any part which is residential in nature,
The plane of, the cone is a secant plane cutting the
which has been committed to the condominium
earths sphere at the standard parallels of the conic
form of ownership in accordance with the laws
projection. See Chapter 7.
of the jurisdiction within which the property is
located. See the new definition of unit or con- CONNECTING TRAVERSE A closed traverse that starts
dominium unit. and ends at different stations, whose relative posi-
tions have been determined by other surveys; i.e.,
CONDOMINIUM, STATUTORY ORS 94.324 defines con-
state highway traverses. See Chapter 6.
dominium as: (I) As used in ORS 94.078(2), 94.084,
94.091, 94.221, 94.331 to 94.412, 94.424 to 94.480 and CONSIDERATION The inducement to a contract. Con-
94.991: (a) Condominium includes property, any sideration includes the amount of cash paid for the
part of which is residential in nature, submitted to conveyance of property, the amount of any lien,
the provisions of ORS 94.004 to 94.480. (b) Condo- mortgage, contract, indebtedness, or other encum-
minium does not include any property, which is brances existing against the property to which the
wholly commercial, industrial or commercial and property remains subject, or which the purchaser
industrial in nature, submitted to the provisions agrees to pay or assume. Considerations can also
of ORS 94.004 to 94.480 and 94.991. (c) Condo- be other property given or promised, or may in-
minium does not include any property operated clude services. See ORS 93.030. Note: In 1967, a
Glossary-15
special session of the Oregon Legislature amend- has been a designed abstinence from inquiry for
ed chapter 462 of the Oregon Revised Statutes to the very purpose of escaping notice.
require that: All instruments conveying or con-
CONTIGUOUS Touching or abutting. The courts have
tracting to convey fee title to any estate shall state
held that lands meeting at a common corner, no
on the face of such instruments the true and actual
parts or sides being common do constitute con-
consideration paid for such a transfer, stated in
tiguous bodies of land.
terms of dollars. If the actual consideration con-
sists of or includes other property or other value CONTOUR INTERVAL A difference in elevation at
given or promised, neither the monetary value which contour lines are drawn; i.e., the contour
nor a description of such other property or value interval for 1:24000 scale U.S.G.S. maps is 10 feet.
need be stated so long as it is noted on the face of CONTOUR LINES Lines on a map that represent imag-
the instrument that other property or value was inary lines on the ground, all points of which are
either part or the whole consideration. The state- at the same elevation above or below a specified
ment, made by either the grantor or grantee, shall datum (generally, the datum is sea level).
be on the face of the instrument before it can be
recorded. Failure to make the statement does not CONTRACT An agreement, upon sufficient consider-
invalidate the conveyance. ation, to do or not to do a particular thing, an obli-
gation in, which there must be competent parties,
CONSOLIDATION (1) The merger of two or more con- subject matter, legal consideration, mutuality of
tiguous parcels into a single parcel, (2) the merger agreement, mutuality of obligation, and the agree-
of two or more taxing districts into a single taxing ment must be ascertainable.
district, (3) an annexation.
CONTRACT FOREST ROAD Under the Forest Road
CONSTRUCTION The process, or the art of determin- Act, it is a forest road improved or maintained
ing the sense, real meaning, or proper explanation pursuant to a contract made under ORS 376.305 to
of obscure or ambiguous terms or provisions in a 376.390. (ORS 376.310(2) as in effect Sept. 27, 1987.)
statute, written instrument, or the application of
such subject to the case in question, by reasoning CONTRACT OF SALE An agreement to convey title.
in the light derived from extraneous connected Property is not transferred with a contract of sale;
circumstances or laws or writings bearing upon it is not a deed.
the same or a connected manner or by seeking CONTRAST (Photogrammetry) The rating of aerial
and applying the probable aim and purpose of photos corresponding to the relative-density-dif-
the provision. Blacks Law Dictionary, rev. 4th ed., ference which it exhibits.
p. 386. There are statutory rules of construction in
Oregon. For private writings, they are provided in CONTROL See basic control, horizontal control,
ORS 42.210 to 42.300 (Interpretation of Writings), vertical control, and control survey. See also
e.g. ORS 42.230 (Office of Judge in Construing In- Chapter .12.
struments). There are also common-law rules of CONTROLLING SURVEY Same as control, survey.
construction as provided in Minto v. Salem Water
Etc. Co., 250 P. 722, 120 Or. 202: It is the duty of the CONTROL MAP A map whereby the relative positions
Court to declare the meaning of what is written of points and lines have been carefully determined
in the instrument, not of what was intended to be and plotted from reliable survey data. The lines on
written. The rules of construction are never to be the control map control other smaller surveys, and
applied when the wording is clear, unmistakable they control property boundaries plotted from
deeds.
and unambiguous. As cited in Minto, and stated
in 22 C~I. 1177: Where the language used is clear CONTROL, NATIONAL (Survey Nets) Two control sur-
and unambiguous, extrinsic evidence is not ad- vey nets being extended over the United States by
missible on the ground of aiding the construction, the National Geodetic Survey for the control of nau-
for in such case the only thing which could be ac- tical charts and topographic maps; comprising:
complished would be to show the meaning of the
1. The horizontal-control survey net consisting of
writing to be other than what its terms express.
areas of first and second-order traverse, a few
See: Rules of Interpretation.
of which have been run by the U.S. Geological
CONSTRUCTIVE NOTICE Where there exists actual Survey, the Corps of Engineers, and other orga-
notice of matter, to which equity has added con- nizations. The derived data in this survey are
structive notice of facts, which an inquiry after being coordinated and correlated on the North
such matter would have elicited; and, where there American Datum of 1927
Glossary-16
2. The vertical-control survey net consisting of shall or must. As explained in Goodenough v.
lines of first and second-order spirit leveling Warren, 5 Sawy. 494, 498, F. Cas. 5, 534, The provi-
which determine the elevations of thousands of sion that a deed may be acknowledged or proved
bench marks above a common datum, mean sea and recorded was not intended to make either
level This net also includes lines ran by the U.S. acknowledgement, proof or recording any part of
Geological Survey, the Corps of Engineers, and the execution of an instrument.
other organizations.
CONVEYANCE (GENERAL) The term embraces every
CONTROL STATION A point on the ground whose po- instrument in writing by which the title to any
sition (horizontal or vertical) is used as a base for a real estate may be effected.
dependent survey.
CONVEYANCE (DEEDS) A deed which passes or con-
CONTROL SURVEY A Primary Survey. One that veys land from the grantor to the grantee. See ORS
provides positions of points to which secondary 93.010 (conveyances, how made).
surveys and deeds are plotted.
COORDINATE (VERB) To place survey data on the
CONVERGENT PHOTOGRAPHY Aerial photography same system of coordinates or datum. Two sur-
using an assembly of two cameras that take simul- veys over the same area are coordinated when
taneous photographs and are mounted so as to they are computed on the same datum; i.e., grid
maintain a fixed angle between their optical axis. north. See Chapter 12.
The effect is to increase the angular coverage in
COORDINATES A pair of values which define a
one direction, usually along the longitudinal axis
particular point in relation to a given reference
of the aircraft.
frame. There are several types of coordinates:
CONVERSION CONDOMINIUM (1981) ORS 91.500 (HB plane coordinates, local coordinates, polar coor-
2968, 1979 laws). Property submitted to the provi- dinates, spherical coordinates, space coordinates,
sions of ORS 91.500 to 91.671 and 91.990 on which geodetic coordinates, state plane coordinates, and
there is a building, improvement or structure, rectangular coordinates. The plane and state plane
which was occupied prior to any negotiation. coordinates are rectangular coordinates. See
Chapter 7.
CONVERSION CONDOMINIUM A term used in the Or-
egon Condominium Act that means ... property COORDINATES, ORIGIN OF The point in a system of
submitted to the provision of ORS 94.004 to 94.480 coordinates which serves as the zero point in com-
and 94.991 on which there is a building, improve- puting its elements or in prescribing its use.
ment or structure that was occupied prior to any
COORDINATOGRAPH An instrument used in car-
negotiation and that is (a) residential in nature, at
tography and photogrammetry to plot in terms
least in part, and (b) not wholly commercial or in-
of plane coordinates, e.g. the computer-assisted
dustrial, or commercial and industrial in nature.
mapping system (CAMS) is one kind of coordi-
CONVEY To transfer or deliver to another, to pass natograph.
from one person to another. Is, in effect, equivalent
COORDINATE SYSTEM, PLANE A system of straight
to the word grant.
lines meeting at right angles to each other, the
CONVEYANCE OF LAND IN THE ADVERSE SESSION OF horizontal line designated as the X axis and
ANOTHER ORS 93.130. No grant or conveyance of the vertical line designated as the Y axis. See
lands or interest therein is void for the reason that Chapter 7.
at the time of its execution the lands were in the
COORDINATE SYSTEM, STATE PLANE In Oregon, a
actual possession of another claiming adversely.
plane coordinate system called The Oregon Co-
CONVEYANCES, HOW MADE Conveyances of lands, ordinate System. See Chapter 7.
or of any estate or interest therein, as provided
CORNER The intersection of two or more converg-
in Oregon law, may be made by deed, signed by
ing property or survey lines, whether internal
the person of lawful age from whom the estate or
or external. In surveying the terms corner and
interest is intended to pass, or by the lawful agent
monument are used largely in the same sense;
or attorney of the person, and acknowledged or
however, corner usually denotes a point deter-
proved, and recorded without any other act or cer-
mined by the survey, whereas monument is the
emony. No seal of the grantor, corporate or other-
physical structure erected to mark the corner on
wise, shall be required on the deed. (ORS 93.010).
the earths surface.
Note: The word may, as used here, expresses the
ability, competency, liberty, permission, possibil- CORPOREAL A term descriptive of things of a materi-
ity, probability or contingency, but does not mean al nature; as opposed to incorporeal, things that
Glossary-17
cannot be, touched. A barn would be corporeal; a v. Crittenden et al, 112 Or. 278, A road may become
water right would be incorporeal. an irrevocably dedicated public highway, by ac-
ceptance of a plat thereof by the county court, or
CORRELATE To remove discrepancies that might exist
by a common law dedication and acceptance, but
among survey data, so that all parts are interrelat-
in order to establish the road as a county road the
ed without apparent error. The terms coordinate
court is required to accept it expressly as such by
and correlate are usually applied to harmoniz-
appropriate resolution entered in its journal. Pub-
ing surveys of adjacent areas or of different sur-
lic roads under jurisdiction of a county, e.g. as in a
veys over the same area. Two or more surveys are
dedicated street of a plat lying outside the limits of
correlated when they are mutually adjusted.
a city, not accepted expressly as county roads are
COSECANT The trigonometric function that for an legally designated local access roads, defined in
acute angle in a right triangle is the ratio between ORS 368.001(3).
the hypotenuse and the side opposite the angle. COURSE The direction of a line with reference to
Abbreviated cosec. See Chapter. 9. meridian.
COSNE The trigonometric function that for an acute COURSE OF RIVER An imaginary line, in a river, that
angle in a right triangle is the ratio between the runs parallel to the banks of the river. Does not
side adjacent to the angle and the hypotenuse. Ab- mean direction of flow of a river.
breviated cos. See Chapter 9.
COVENANT A formal agreement between two or
COTANGENT The trigonometric function that for an more persons to do, permit the doing of, or not to
acute angle in a right triangle is the ratio between do a particular act, usually by deed, in writing, or
the side adjacent to the angle and the side oppo- by a subdivision plat. All covenants are either real
site. Abbreviated cot. See Chapter 9. or personal. Those closely connected with realty
COUNTERCLOCKWISE ANGLE A horizontal angle are construed as real; all others are personal. ORS
measured in a counterclockwise direction. See 93.140 provides, No covenant shall be implied in
Chapter 4. any conveyance of real estate, whether it contains
special covenants or not, except as provided by
COUNTY BOARD The County courts or board of ORS 93.850 to 93.870 (amended by Or. Laws 1973
county commissioners of a county. ch. 194 sec 6). However, this section does not de-
COUNTY COURT The board of county commissioners. feat such covenants as implied by a plat. In Mutual
At one time county courts existed in all 36 coun- Irt. Co. vs. Baker City, 58 Or. 306, 110 P. 392, 113 P. 9,
ties. Only nine Oregon counties, all east of the the court held, A Conveyance of lots with refer-
Cascades, now have a formal; recognized county ence to a plat, implies a covenant that the streets
court. The term board of county commission- designated shall never be appropriated by the
ers is used in the other counties. owner to an inconsistent use (ORS annotation).
COUNTY ROAD (1981) A road lying wholly within a COVENANT OF GENERAL WARRANTY A covenant for
specific county, and which is distinguished from quiet possession. It is a covenant that runs with
a city street, state highway, private road, B.L. M. the land.
road, public usage road, or forest service road. COVENANT OF QUIET ENJOYMENT A covenant that
In order for a road to become a county road, it there will be no disturbance in, or cessation of
must meet certain requirements as to width (ORS possession, by the, prosecution and operation of
368.415), and be presented to the county court by legal measures. It is one of the covenants for title in
deed or plat. It must then be expressly accepted by a conveyance. Used synonymously with covenant
the county court as a county road before county of warranty or covenant of general warranty.
funds may be expended in its improvement or
COVENANT OF SEISIN A covenant of indemnity,
repair. (Department of Justice opinion 150-25-
which does not run with land. It is an assurance
048974; 7433)
that the grantor has every estate, conveyed in
COUNTY ROAD A public road under jurisdiction of a quantity and quality that he purports to convey.
county that has been designated as a county road
COVENANT OF SEISIN Synonymous with covenant
under ORS 368.016. (ORS 368.0(M definition.)
of seisin.
Department of Justice opinion 30 Op. Atty. Gen.
(60-62) at p. 311 cautions: County road is a word CUL DE SAC French for bottom of the sack Blacks. A
of art and should not be indiscriminately used as street that is open at one end only, and usually has
a term of general description of roads or public a circular turn around at the closed end (but the
ways situated within a county. And in Whitney circular turnaround is not a required). A through
Glossary-18
street that is blockaded, unlawfully or otherwise, DATUM, NATIONAL GEODETIC VERTICAL OF 1929
is a Cul de sac. (NGVD-1929; FORMERLY MEAN SEA LEVEL DATUM
OF 1929) Datum to which all elevations in the Na-
CULTURE The features of terrain constructed by man,
tional Geodetic Vertical Network are referred, as
i.e. dam, roads, etc.
well as terrain elevations on maps of the National
CURSOR Part of a digitizer. It is the devise used for Topographic Map Series.
manually activating and signaling the electronic DATUM, NORTH AMERICAN OF 1927 See North
digitizer to record the xy positions of points on a American Datum of 1927.
map or graph.
DATUM PLANE A misnomer for a collection of datum
CURVE A line of which no part is straight. There are used in mapping, charting and geodesy. This term
four basic types of curves in cadastral cartog- should not be used.
raphy: (1) circular curves (or simple curves); (2)
compound circular curves; (3) spiral curves; and DATUM, VERTICAL See vertical Datum.
(4) compound spiral curves. DECCA An electronic distances measuring instru-
CUSTOMARY RIGHTS Blacks Law Dictionary (rev. ment used for medium-range navigation and
4th ed.) defines customary rights as: A usage or surveying. The Decca range is approximately 300
practice of the people, which by. common adop- miles.
tion and acquiescence, and by long and varying DECLARANT (Oregon Condominium Act) A person
habit, has become compulsory, and has acquired who files a declaration under ORS 94.023. ORS
the force of law with respect to the place or subject 94.004.
matter to which it relates.
DECLARATION, CONDOMINIUM The instrument de-
DANIEL BALL, THE A term used in reference to a legal scribed in ORS 94.023 by which the property is
dispute that led to a famous judicial opinion which submitted to the provisions of ORS 94.004 to 94.480
established a criteria for the test of navigability. and 94.991. The law, spoiled out in ORS 94.029, re-
(The Daniel Ball, 77 U.S. 557, 19 L.Ed. 999 (1870)). quires the declaration to contain (in general): a de-
DATA Facts from which conclusions are drawn; i.e., scription of the land; the name by which the con-
surveys, deeds, ordinances, probates, aerial pho- dominium is to be known; a description of each
tos, etc. unit and building (including the number of stories
and basements of each); the number of units and
DATA BASE (CAMS) A set of data files organized in principal materials of which they are constructed;
such a manner that retrieval and updating can be the designation, location, boundaries and area of
done on a selective basis and in an efficient man- each unit; a description of the common elements;
ner. an allocation to each unit of an undivided inter-
DATA TABLET (CAMS) A flat tablet which will output est in the common elements (in accordance with
the digital position of a cursor placed at any posi- ORS 94.243) and the method used to establish the
tion on its surface. allocation; a description of the limited common
elements, if any, stating to which units their use is
DATUM A reference element, such as a line or plane reserved and the allocation of use of any limited
to which the positions of other elements are deter- common element, appertaining to more than one
mined, i.e., mean sea level is the datum for U.S.G.S. unit; the method of determining liability for com-
quadrangle map elevations mon expenses and right to common profits (in ac-
DATUM, MEAN SEA LEVEL See mean sea level datum. cordance with ORS 94.260); voting rights allocated
to each unit (as per ORS 94.255) or in the case of
DATUM, NATIONAL GEODET1C VERTICAL (NGVD) condominium units committed as property in a
Fixed reference adopted as a standard geodetic da- time-share plan (ORS 94.803), the voting rights al-
tum for heights. The datum was derived for land located in the timeshare instrument; statements of
surveys from a general adjustment of the first-order building uses; name of persons to receive service
level nets of both the United States and Canada. In of process; percentage of voting rights; statement
the adjustment 21 tide stations in the U.S. and 5 in as to whether or not the association pursuant to
Canada were held as fixed. The geodetic data now ORS 94.146(5) has authority to grant easements,
in use in the United States is the National Geodetic rights of way, licenses and other similar inter-
Vertical Datum of 1929. The year indicates the time ests affecting the general common elements of
of the last general adjustment. For this reason, the the condominium; restrictions, details and plans
National Geodetic Vertical Datum should not be on annexations of additional property, etc. ORS
confused with mean sea level. 94.029(5) specifically requires the declaration
Glossary-19
include the word condominium or condomini- or map, the streets and public places designated
ums or the words a condominium. on that document are irrevocably dedicated to the
public. Menstell et al v. Johnson et al, 125 Or. 161, 162;
DECLINATION The angle between the magnetic me-
Steel v. City of Portland, 23 Or. 176, 31 P. 479, Bakke v.
ridian (magnetic north) and the true or geographic
JohAson, 102 Or. 501; Nicholas v. Title & Trust Co., 79
meridian. Sometimes referred to as magnetic
Or. 226, 240; Christian v. Eugene, 49 Or. 170, 172, and
declination. The declination, which is constantly
all other Oregon Supreme Court and Court of Ap-
changing, is designated as so many degrees east or
peals cases dealing with this issue. Recording
west. Declination values may be found in the U.S.
and formal acceptance are not requirements of a
Coast and Geodetic isogonic charts.
common, law dedication An unsuccessful attempt
DEDICATION A transfer of property by the owner to to dedicate land under statutory law, if followed
the public. Dedication must be intentional on the by sales made with reference to a plat, may result
part of the owner or grantor, the intent must be to in a completed common-law dedication. McCoy. v.
surrender the property to the public, and the pub- Thompson, 84 Or. 148. A commun-law dedication
lic must accept the grant. See ORS 92.090 3a (Sub- is not a grant; it is a right created in favor of the
divisions). An appropriation of land to a public public. Carter v. Portland, 4 Or.
use, made by the owner, and accepted for such use DEDICATION, STATUTORY A statutory dedication is
by or on behalf of the public. A dedication may the appropriation of land, by the owner, for a pub-
be express, as when the intention to dedicate is lic use, made when the owner complies fully with
expressly manifested by a deed (or subdivision the provisions of the Oregon Revised Statutes
plat) or an explicit oral or written declaration of enacting that certain formalities, when observed,
the owner, or some other explicit manifestation of operaters as a dedication of lands to the public. In
his purpose to devote the land to public use. The Menstell et al v. Johnson et al, 125 Or., it was held that,
dedication may be implied by some act or course A valid statutory dedication cannot be created
of conduct on the part of the owner from which a unless every provision of the laws are adhered
reasonable inference of his (or her) intent may be to. A statutory dedication is distinguished from
drawn or which is inconsistent with any other the- a common-law dedication in that the former is the
ory than he (or she) intended a dedication. Harris conveyance of an easement, while the latter oper-
v. St. Helena, 72 Or. 386. Dedications are of two ates by way of estoppel. However, neither form
kinds: statutory and common law; Nodine v. Union, of dedication is a grant of the fee simple absolute
42 Or. 613, 616; Elliott on Roads and Streets, 3d ed. in the land occupied by the public easement. An
Both kinds of dedication have the same force to unsuccessful attempt to dedicate land under statu-
establish an irrevocable easement in the public. tory law, if followed by sales made with reference
DEDICATION, COMMON-LAW The appropriation of to a plat, may result in a completed common-law
land, by the owner, for a public use; implied by dedication. McCoy v. Thompson, 84 Or. 148.
some act or course of conduct, or in some cases DEED An instrument in writing whereby an inter-
by oral or written declaration by the owner that est in realty is transferred from the grantor to the
shows intent to commit the property to a public grantee. Deeds are used to declare uses, trusts,
use. Common-law dedications, sometimes re- and to record limitations to estates transferred.
ferred to as parol dedications, arise by opera- Deed is ordinarily applied as synonymous
tion of law from the acts of the owners, and may with act. However, in a legal sense, the deed is a
exist by express grant and need not be evidenced solemn document. The difference between a deed
by any writing, nor by any form of words oral or and a will is that a deed passes a present interest,
written. If the donors acts are such as to indicate and a will passes no interest until after the death
an intention to appropriate the land to the public of the devisor. Title does not pass by the writ-
use, then upon acceptance by the public (such as ing and signing of a deed alone. The deed must
the purchase of one lot with reference to a plan or contain words of conveyance (grant, release, quit-
plat indicating the streets, alleys, parks, squares claim or transfer), there must be delivery of the
or commons are public) the dedication becomes deed, and there must be acceptance of the deed.
complete. Portland Ry. L. & P. Co. v. Oregon City, ORS 93.410 requires, Deeds executed within this
85 Or. 583. Common-law dedications are in the na- state, of lands or any interest in lands therein shall
ture ofestoppel in pais (defined in this glossary). be signed by the grantors and may be acknowl-
The Oregon Supreme Court has held, Where the edged before any judge of the Supreme Court,
owner of land lays out and establishes a town and circuit court, county judge, justice of the peace
makes and exhibits a ,map or plan thereof, and or notary public within the state. No seal of the
sells and conveys lots by reference to such a plan grantor, corporate or otherwise, shall be required
Glossary-20
on the deed. Oregon law also provides, in ORS designated by the degree of curve. In most rail-
93.480, Every conveyance acknowledged, proved road right-of-ways a chord of 100 feet subtends the
or certified in the manner prescribed by law by angle at the center of the curve. In highway engi-
any of the authorized officers may be read in evi- neering, the degree of curve is determined by the
dence without further proof thereof and is entitled amount of angle formed by the radius lines at the
(not required) to be recorded in the county where central angle by a distance of 100 feet along the arc
the land is situated. Emphasis and clarification of the curve.
supplied.
DELETE To erase or eliminate.
DEED IN FEE A deed conveying the title to land in fee
DELIVERY (DEEDS AND OTHER INSTRUMENTS OF
simple with the usual covenants. Blacks Law Dic-
CONVEYANCE) The physical transfer of an instru-
tionary, rev. 4th ed.503.
ment of conveyance from the seller to the buyer.
DEED OF... (MISCELLANEOUS,) Refer to Blacks Law In this, and in most states, title to real property
Dictionary for information on deed indented, or does not transfer until there has been actual de-
indenture, deed of covenant, deed of separa- livery and acceptance of the deed, to the buyer or
tion, deed of settlement. grantee. The delivery may be in escrow, or it may
be delivered directly to the buyer or grantee, and
DEED OF GIFT A deed executed and delivered with-
it must be in a manner that it cannot be recalled by
out consideration. Often, a bargain and sale deed
the seller (or grantor). There must have been a con-
is used.
veyance of a present interest of land to constitute
DEED OF RELEASE A deed that releases the property delivery of a deed.
from the encumbrance of a mortgage or similar
DELIVERY OF A DEED The act, however evidenced
pledge upon payment or performance of the con-
by which the deed takes effect and title thereby
ditions ...* Blacks.
passes. There must have been a conveyance of a
DEED OF TRUST A security device in use in Oregon present interest of land to constitute delivery of
as an alternative to a mortgage. It is an instrument deed.
involving three, rather than two, parties. Boyer, in his
DEPARTURE A change in longitude. In a plane sur-
Survey of the Law of Real Property (3d ed., West Pub-
vey, the amount that one end of a line is east or
lishing Co.), says, Deeds of trust usually contain
west of the other end. The plane coordinates of a
a power of sale vested in the trustee authorizing
point are known as the easting of the two ends of
him (or her) to sell the property if the grantor-
the line, which may be either plus or minus. Sym-
mortgagor defaults on his obligation.
bolized by .
DE FACTO In fact.
DEPENDENT SURVEY A survey designed to accom-
DEFAULT A failure to do that, which was supposed to plish restoration of the original conditions ac-
have been done (and agreed to in writing). cording to the records of the original U.S. public
land survey. The dependent survey is based on
DEFEASIBLE TITLE A title that becomes void but is not
existing corners of the original survey, and other
yet void.
recognized and acceptable points of control (such
DEFINITION (Photogrammetry) An optical term used as bearing trees). Missing corners are restored
to express the ability of an aerial camera lens to by proportional measurement. Title, area, and
record fine detail. description should remain absolutely unchanged
in the typical dependent survey; however, the ar-
DEFLECTION ANGLE A horizontal angle measured
eas of unpatented lands may be corrected by the
from the prolongation of the proceeding line,
survey.
clockwise or counterclockwise if necessary, to the
line that follows. See Chapter 4. DERELICTION Land left dry by the shrinking back
of water, imperceptibly, from one shore and en-
DEGREE (Sexagesimal) A unit of measure equal to
croaching on another. It is the opposite of alluvion.
1/360th of the circumference of a circle. Surveying
Land can be gained by dereliction.
and cartography equipment and tools marked off
in degrees are: surveyors transit, compass, theod- DERIVATIVE TITLES All titles that are not the original
olite, protractor, and drafting machine. A degree is title. Nearly all titles possessed by private owners
also a position on the earths surface as measured are derivative titles.
by latitude or longitude. See Chapter 4.
DESCENDANTS All those who have issued from an
DEGREE OF CURVE In highway and railroad engi- individual; i.e., children, grandchildren, and their
neering, the curvature of the right-of-ways is children to the remotest degree.
Glossary-21
DESCENDANTS IN TITLE In correct use it would apply in any other proceeding related to or connected
only to descendants of an individual. However, with the taxation of such property. (2) Use of
this term is often used in reference to anyone hold- Oregon coordinate system (1981) ORS 93.360 No
ing a derivative title in a specific parcel of land, or coordinates based on the Oregon Coordinate Sys-
certain parcels of land (as descendants in title to tem purporting to define the position of a point on
abutting land of a dedicator, including grantees as a land boundary, shall be presented to be recorded
well as descendants). in any public land records or deed records unless:
(1) those coordinates were established with the
DESCENT Hereditary succession to an estate in realty.
standards and specifications adopted by the Fed-
Usually applies to the devolution of real estate.
eral Geodetic Control Committee for third-order
DESCRIBE To explain the boundaries of a parcel of geodetic surveying and are based upon horizontal
land, estate, taxing district, subdivision, county, control stations established in conformity with
state, etc. ORS 93.330(2); and (2) that point is within one mile
of a horizontal control station established in con-
DESCRIBE To define, trace or traverse the outline of a
formity with ORS 93.330(2). However, an autho-
parcel of land, estate, taxing district, subdivision,
rized state agency, city or county may modify the
route of a public way, boundaries of a public way,
one-mile limitation to meet local conditions.
city, county, state, and the like, orally or in writing
and in either technical or general terms. DETAIL Information shown on a map or survey, by
lines, symbols, lettering, and patterns which,
DESCRIPTION sufficiently definite and certain if pos-
when considered together, furnishes the compre-
sible for surveyor to ascertain, aided by extrinsic
hensive representation of physical, technical, legal
evidence, what property was intended to be con-
and cultural features.
veyed OHara v. Brace, 258 Or. 416.
DETERMINE To bring to a conclusion.
DESCRIPTION, DEED That part of a deed usually fol-
lowing the words of conveyance that defines the DEVELOPER (OREGON CONDOMINIUM ACT) A de-
property to be conveyed. Primarily, a description clarant or any person who purchases an interest in
of real property is in one or more of the three a condominium from declarant, successor declar-
methods: by lot and block number (of a subdivi- ant (the transferee of any special declarant right)
sion), by metes and bounds, or by government or subsequent developer for the primary purpose
survey (in Oregon, the Rectangular Survey). of resale. ORS 94.004(11).
DESCRIPTION OF LAND, assessment of property for DEVIATION OF A COMPASS Deflection of the compass
taxation. Oregon law provides in ORS 308.240: needle caused by local magnetic attraction.
(1) Real property may be by giving the subdivi-
DEVISE (Probates) When used as a noun, means
sion according to the United States survey when
property disposed of by a will, and includes
coincident with the boundaries thereof or by
legacy and bequest. When used as a verb,
lots, blocks and addition names, or by giving the
means to dispose of a property by will, and in-
boundaries thereof by metes and bounds, or by
cludes bequeath.
reference to the book and page of any public re-
cord of the county where the description may be DEVISEE (Probates) A person taking real property
found, or by designation of tax lot number refer- under a will. Devisee includes legatee and ben-
ring to a record kept by the assessor of descrip- eficiary.
tions of real property of the county, which record
DEVISOR (Probates) A giver of realty by will.
shall constitute a public record, or in such other
manner as to cause the description to be capable DEVOLUTION The transfer of an estate, title, or a
of being made certain. Initial letters abbreviations, right, from one person to another.
figures, fractions and exponents, to designate the
DIAMETER The length of a straight line, through the
township, range, section or part of a section, or
center of a circle or sphere, that extends from one
the number of any lot or block or part thereof,
side of, the circle or sphere to the other side.
or any distance, course, bearing or direction,
may be employed in any such description of real DIAPOSITIVE Photographic positive transparency on
property .... (3) Any description of real property glass or film often used in photogrammetry.
which conforms substantially to the requirements
DIGITAL MODEL A mathematical representation of a
of this section shall be sufficient description and
process, concept, or set of conditions.
designation in all proceedings of assessment for
taxation, levy and collection of taxes, foreclosure DIGITIZER An electronic device for converting maps
and sale for delinquent taxes or assessments, and or any graphic format into digital form for com-
Glossary-22
puter input. The digitizer converts the lines of the DIRECT READING The reading of the horizontal or
map in X and Y coordinates. vertical circle of a theodolite or engineer transit
with instrument direct. In field notes, a direct
DIGITIZING The process of recording the XY values
reading is usually indicated by the, letter D pre-
of points and lines on a map or graph with respect
ceding the observed value.
to the mathematical datum. Digitized values are
entered on a computer tape via a magnetic disc. DIRECTION The angle between a line and a merid-
Anything that can be drawn, typed or marked ian, or between a line or plane and a chosen line
on paper can be digitized. Digitizing of lines is or plane. Expressed as bearings, angles, azimuths,
accomplished by manually moving a handheld deflection angles, delta angles, etc.
cursor to each point and line of a map. An alpha- DIRECTION THEODOLITE A specially designed non
numeric keyboard is used to enter commands repeating theodolite for precise surveying of the
about the type of line or point (dash line, solid highest order of accuracy such as triangulation.
line, dotted line, circled point, etc.). The keyboard Bearings, rather than angles, are read on the
is also used to enter nongraphic information (map theodolite circle. The direction theodolite has no
titles, bearings, dimensions, names, etc.). lower motion.
DIGITIZING TABLET A large, flat-surfaced device with DISCLAIMER OF AN ESTATE The act of refusal by a
an imbedded electronic grid. Used in conjunction party to accept an estate which has been conveyed
with a hand-held cursor, coordinate locations of to him.
features can be determined from maps or other
DISCREPANCY (1) The difference between duplicate
two-dimensional graphic documents.
or comparable measures of a quantity, (2) the
DIKE Bank of earth or stone used to form a barrier, difference between computed values of a quan-
frequently and confusingly interchanged with tity obtained by different processes in the same
levee. A dike restrains water within an area that survey.
normally is flooded. DISPLACEMENT The horizontal shift of the plotted
DIMENSIONAL STABILITY The ability of drafting positions of a topographic feature from its true po-
media to withstand changes in humidity and tem- sition, caused by required adherence to prescribed
perature without expanding or shrinking. Mylar line weights and symbol sizes. In photogramme-
film, for example, has high dimensional stability. try any shift in the position of an image on a pho-
tograph; that is, shift due to tilt of the photograph,
DIRECT ACCESS Interactive graphic systems (i.e., scale changes in the photograph, and relief of the
CAMS) employ direct or random access in which objects photographed.
the access time is not related to the location of the
DISTANCE The degree or amount of separation be-
data in the computer memory; i.e., data does not
tween two points, lines, surfaces, or objects mea-
have to be serially or sequentially searched.
sured along the shortest path adjoining them (or
DIRECTION The angle between a line and a meridian, along a specified route or boundary measured
between a line or plane and a chosen line or plane. linearly).
Expressed as bearings, angles, azimuths, deflec-
DISTRIBUTEE (Probates) ORS 111.005 Distributee
tion angles, delta angles, etc. See Chapter 4.
means a person entitled to any property of a dece-
DIRECTION THEODOLITE A specially designed non- dent under his will or intestate succession.
repeating theodolite for precise surveying of the DISTRIBUTION (Probates) The division and appor-
highest order of accuracy such as triangulation. tionment, as directed by the court of the estate of
Bearings, rather than angles, are read on the an intestate, among those legally entitled to share
theodolite circle. The direction theodolite has no in the estate.
lower motion.
DIURNAL VARIATION The daily variations in mag-
DIRECT MEASUREMENT The measurement of a line netic declination.
or angle by a surveying instrument or drafting
instrument, such as transit measurement, tape or DIVIDE (1) To separate or segregate into two or more
chain measurements, engineering scale measure- parcels, areas, or districts, (2) a dividing ridge be-
ments, etc. The term is used in contradistinction tween drainage basins, (3) a point or line of divi-
sion, and (4) to subject to mathematical division.
to indirect measurement, which is the measure-
ment of lines and angles by geometric and trigono- DIVIDER A drafting instrument used for dividing
metric computations. lines into spaces; and for transferring distances.
Glossary-23
DIVISION (1) A portion of a territorial unit marked were taken in Washington. After the state bound-
off for administrative, judicial, or other pur- ary between Oregon and California were officially
poses, and (2) the separation or segregation of one
parcel into two or more parcels. surveyed, one claim was found to be partly in
DOCUMENT RETRIEVAL SYSTEM (Micrographics) A California, but was honored anyway.

system whereby a complete copy of a document
is provided. DOUBLE-ASSESS Assessing one parcel of land twice
for the same purpose and in the same assessment
DOMAIN Complete and absolute ownership of land;
land so owned; and territory over which domain year. Often the result of a mapping error.
is exercised.
DOUBLE MERIDIAN DISTANCE A distance equals to
DOMICILE (Probates) The place of abode of a person,
where he intends to remain and to which, if ab- twice the meridian distance. Used in computing
sent, he intends to return. (See ORS 111.005.) the area of a closed traverse by the double merid-
DOMINANT ESTATE An estate to which an easement ian distance method. Abbreviated D.M.D.
is attached. The estate subject to an easement is
called a servient estate. DOUBLE PROPORTIONATE MEASUREMENT A new
DOMINANT TENANT The owner of an easement. measurement made between four known comers,
DOMINANT TENEMENT Land enjoying an easement. two each of intersecting meridional and latitudi-
DONAT1ON LAND CLAIM The name of lands acquired nal lines, for the purpose of relating the intersec-
under the Oregon Donation Land Law of 1850. Ab- tion to both. The method of double proportionate
breviated D.L.C.
measurement is generally applicable to the resto-
HISTORY OF D.L.C.s ration of lost corners of four townships and of lost
The 1850 law granted half a section, or 320 acres, to interior corners of four sections.
every settler over 18 who was a citizen or declared
his intention to become a citizen before December For example, the plan of double proportionate
1, 1851; and who occupied and cultivated his land
before that date. If married before that date, his measurement is shown in figures A and B. In fig-
wife was also granted 320 acres. ure A, the comer of Point X is lost. Points A, B, C
Between December 1, 1851 and December 1, 1853, and D represent known comers.
settlers had to be white males 21 years of age to
receive 160 acres. Wives also received 160 acres.
The February 1853 amendment extended the
expiration date of the act to 1855; permitted set-
tlers to patent their land claims after two years of
occupancy for $1.25 an acre; and allowed widows
title even though occupancy requirements had not
been met.
An 1854 amendment granted orphans of settlers,
who took lands under the land claim laws, 160
acres. There were approximately 2,567,285 acres
granted through 7,329 patents.
DONATION LAW (OREGON) An 1850 act that granted
haft a section, or 320 acres, to a single man and
640 acres to a man and wife who were settlers Point E is located for departure by proportionate
in the Oregon Territory. The boundaries of these
donation land Claim, (DLCs) were suppose to fol- east and west measurement. Point XI in figure
low section subdivision lines whenever possible. B, will be located at the intersection of the lines,
Similar donations had been made to settlers in
Florida in 1848 and 1849. Most of the DLCs were east or west through point E, and north or south
taken up in what is now the State of Oregon; fewer through point F.
Glossary-24
the question of life, liberty, or property, in its most
comprehensive sense; to be heard, by testimony or
otherwise, and to have the right of controverting,
by proof, every material fact which bears on the
question of right in the matter involved. If any
question of fact or liability be conclusively pre-
sumed against him or her, this is not due process
of law. The essential elements of due process are
notice and the opportunity to be heard and to
defend in orderly proceeding adapted to nature
of case, and the guarantee of due process requires
that every man and woman have protection of day
in court and benefit of general law. Blacks Law Dic-
tionary, rev. 4th ed., 590. As explained in Frederick
v. Douglas Co. et al, 176 Or. 54, 155 P.2d 925, Due
process of the law is satisfied if notice given is
sufficient to make it reasonably probable that the
DOWER AND CURTESY A common law concept, dow- party proceeded against would be apprised of
er is the right of a wife in the lands of her husband, what is going on and he given the opportunity to
and courtesy is the right of a husband in the land defend.
of his wife. Dower and curtesy was abolished in
DUO (Micrographics) An image-positioning tech-
Oregon as per ORS 112.685 except for any right
nique used in rotary camera microfilming. Half
to or estate or dower or curtesy of the surviving
of the film is masked for one series of images, and
spouse of any person who died before July 1, 1970,
then the other half is masked for a different set of
shall continue and be governed by the law in effect
images
immediately before that date. See ORS 112.695 for
the statute of limitations for recovery of dower and DUPLEX (Micrographics) A rotary camera technique
courtesy. whereby mirrors or prisms are used to photograph
DRAFTING MACHINE A precision instrument that one-half of the film at the same time that the other
combines the functions of a T-square, triangle, side is being photographed on the other half of the
straightedge, and protractor. See Chapter 11. film.
DRAFTING MEDIA Special papers, vellums, cloths, DUPLICATE (EVIDENCE) A counterpart produced by
and films designed to meet the drawing needs of the same impression as the original, or from the
the draftsman, engineer, architect, designer, and same matrix, or by means of photography, includ-
cartographer. See Chapter 11. ing enlargements and miniatures, by mechanical
or eletronic re-recording, by chemical reproduc-
DRAFTSMAN (1) One who draws legal documents tion or by other equivalent techniques which ac-
or other writings, (2) one who draws plans and curately reproduce the original. ORS 40.550 Rule
sketches, and (3) an artist who excels in drawings. 1001. See: Evidence, admissability of and Public
(From Websters 7th New Collegiate Dictionary.) records.
DRAINAGE BASIN ORS 536.700. One of the 18 Oregon DWELLING UNIT ORS 91.500 (HB 2968, 1979 Laws
drainage basins identified by the Water Resources relating to condominiums) Dwelling Unit,
Department published by that Department. Premises, Rental Agreement and Tenant mean
DRIVE A private or public road. those terms as defined in ORS 91.705; that is, a
structure or the part of a structure that is used as
DRIVEWAY A private road giving access from a pub- a home, residence or sleeping place by one person
lic way to a building on abutting ground. who maintains a household or by two or more per-
DROP-BOW COMPASS A drafting tool used for mak- sons who maintain a common household. In the
ing very small circles. See Chapter 11. case of a person who rents space in a mobile home
park, as defined in ORS 446.002, but does not rent
DUE PROCESS OF LAW A course of legal proceeding
the mobile home itself.
according to rules and principles established in
our systems of jurisprudence for the enforcement EASEMENT A nonpossessory interest held by one
and protection of private rights. It implies the right party, or the public, in the land of another party
of the person affected thereby to be present before whereby the first party, or the public, is accorded
the tribunal which pronounces judgment upon partial use of such land for a specific purpose.
Glossary-25
An easement restricts but does not abridge the effected by an easement appurtenant, will not be a
rights of the fee owner to the use and enjoyment greater extent than was intended at the time of the
of the easement holders rights. Easements may creation of the easement: Fendall. Miller, 99 Or.
be acquired in any one of a number of ways: by 610, 196 P. 381. The owner of the servient estate
dedication (implied or express), grant, reserva- cannot make any alterations in his or her property
tion, implied grant, prescription, road viewers by which the enjoyment of the easement appurte-
method (statutory), eminent domain: necessity. nant will be materially interfered with Id As a
All the authorities assert that the essential quali- general rule, the presumption is that an easement
ties of an easement are: (1) They are incorporeal, is appurtenant rather than in gross, where them is
(2) they are imposed upon corporeal property and uncertainty as to the nature of the grant: Houston
not upon the owner of it, (3) they confer no right v. Zahm, 44 Or. 610, 76 P. 641. The rights associated
to a participation in the profits arising from such with an easement appurtenant are annexed to, or
property, (4) they are imposed for the benefit of are associated with the dominant estate; it does not
corporeal property, and (5) there must be two dis- exist separate and apart from the land to which it
tinct tenements, the dominant to which the right is annexed. See: Easement in gross.
belongs and the servient upon which the obliga- EASEMENT BY DEDICATION An easement acquired
tion is imposed: Monese v. Struve, 155 Or. 68, 62 P.2d by the public when land is appropriated by the
822. Rights conferred by an easement attach to the owner for the publics use. Such easements can be
estate and not to the person of the dominant tene- created by a common-law dedication (arising by
ment and they follow that estate into the hands of operation of the law from the acts or conduct of the
the assignee thereof. On the other hand, they axe owners) or by statutory dedication (as provided in
a charge upon the estate or property of the servi- ORS Chapter 92). Refer to the text for details.
ent tenement and follow it into the hands of any
person to whom such tenement or any part thereof EASEMENT BY GRANT An easement that contains all
is subsequently conveyed: cit. Taylor v. Dyches, 69 the formalities of a deed, as distinguished from an
Ga. 455; Morrison v. King, 62 I]L 30. An easement easement by prescription, statutory dedication or
in on interest in land, Monese v. Struve, supra, common-law dedication. To create an easement by
within statute of frauds, and therefore cannot be grant, an agreement is drawn between the parties,
extinguished by pawl agreement, Tusi v. Jacobsen, duly signed, acknowledged, delivered and ac-
134 Or. 505, but it is a nonpossessory interest. cepted. Recording is advisable, but not a statutory
Easements may be extinguished (1) by vacation requirement in this state. One problem associated
(a statutory abandonment), (2) when necessity no with the use of an instrument to convey right, title
longer exists (in cases of easement by necessity), or an interest for a way, is determining whether
(3) express release (in any case except public ease- the provisions of the instrument operate to convey
ments, unless the express release is in the form of fee title in the land, or merely a right to the use
a vacation), (4) acquisition by the holder of the fee, of the land (an easement). In such cases intent is
(5) the union or merger of the dominant and servi- determined from the language of the entire instru-
ent estates by one party at the same time: Dressler ment, giving effect to ail recitals if possible: Rall et
et al v. Isaac et al, 217 Or. 586. al v. Purcell et uz, 131 Or. 19, 281 P. 832. It is not the
intent of the grantor, or the grantee that shows the
EASEMENT APPURTENANT An easement existing on intent of the conveyance; it is the joint intent of the
parcel of land, serving or benefiting another parcel grantor and grantee that governs. When there is
of land, e.g. an easement for a private way, across no ambiguity, the words in the grant of an ease-
the land of another, to be used as access to an other ment should receive their plain ordinary mean-
wise landlocked parcel of land. An easement is ing, unless it appears by the context that they were
appurtenant if so in fact, although not declared used in a different sense or unless, when applied
to be so in the deed, and that if the intention is to the subject matter, they have a technical mean-
not sufficiently expressed this question may be ing: Fendall v. Miller, 99 Or. 610, 196 P. 381. And,
determined by the relation of file easement to the An easement created by express grant gives to the
so-called dominant estate, or the absence of it, and grantee all rights necessary to its full enjoyment,
in the lit of all the circumstances under which the but does not convey rights not incidental to the
grant was made: Tusi v. Jacobsen, 134 Or. 505, 293 P. easement itself: Minto v. Salem Water Co., 120 Or.
587, 939. When there is in the deed no declaration 202, 250 P. 722. Decisions of the court that advise
of the intention of parties in regard to the nature dedications are not grants, in lying that, sub-
of the way, it will be determined by its relation to sequently, easements are not grants, are made in
other estates of the grantor, or its want of such reference to grants of fee simple title to the land.
relation. (Id). The burden on the servient estate, Consequently, although there are easements by
Glossary-26
grant and dedications operate to grant easements, easement: Minto v. Salem Water Etc. Co., 120 Or.
neither operate as a grant of fee (simple title to the 202, 250 P. 722. An offer to purchase negates the
land occupied by the easement); dedications are idea of adverse user, and, even when made after
not grants (of the fee in the land). prescriptive period, tends to show that enjoyment
EASEMENT BY IMPLICATION Technically called a was not adverse. Id. Mere silence or passive ac-
quasi-easement, this kind of easement is cre- quiescence will not of itself constitute estoppel to
ated where the easement is necessary and its prior deny alleged prescriptive rights. Id. Easements
use has been evident. Factors to be considered in by prescription are not favored by the law: Shu-
determining whether an easement by implication mate v. Robinson, 52 Or. App. 199, 627 P.2d 1295.
will he recognized include (1) whether the claim- Consequently, If a person desires to assert a claim
ant is conveyor or conveyee, (2) terms of convey- not favored by the law, at a minimum he should
ance, (3) consideration given for it, (4) whether be required to give notice in his pleadings, that he
claim was made against a simultaneous conveyee, is specifically asserting such a claim. Ineffective
(5) extent of necessity of the easement to the claim- protests do not succeed in interrupting a prescrip-
ant, (6) whether reciprocal benefits result to con- tive period, but if a servient owner does some act
veyor and conveyee, (7) the manner in which land that would be legally actionable if an easement did
was used prior to its conveyance, and (8) the extent in fact exist, the prescriptive period may perhaps
to which manner of prior use was, or might have be broken : Thompson v. Schuh, 286 Or. 201, 593
been, known to the parties: Thompson v. Schuh, 286 P.2d 1138. While slight or intermittent use may
Or. 201, 593 P.2d 1138. The fact grantee paid con- satisfy continuity requirements because of the na-
sideration for land suggests that an implied ease- ture of use of property, there is still a requirement
ment over land was not contemplated in situation that such use be open and notorious. Id.
where claimant is the grantor. Id. An easement
by implication is to be distinguished from an ease- EASEMENT BY PRESCRIPTION An easement created
ment by necessity. Cessation of necessity do not by the continued use of property for the statutory
affect an easement by implication. Necessity ele- period of adverse possession.
ment in an easement by implication is used as an EASEMENT BY RESERVATION Generally, an easement
indicator of intent of grantor and grantee at time reserved by the grantor in a deed. The reservation
of conveyance while in an easement by necessity in a deed creates a new right in the thing granted,
it is primarly of the nature of an ongoing require- which was not in existence at the time of the mak-
ment. Id. And in Dressler et al v. Isaacs et al, 217 ing of the grant, and was originated by it; whereas
Or. 586, 343 P.2d 714: Implied easements are not the office of an exception is to take something
favored by the courts. out of the thing granted that would otherwise
EASEMENT BY NECESSITY An easement which is pass by deed: Rall et ux v. Purcell et ux, 131 Or.
necessary to the enjoyment of the dominant estate, 19, 281 P. 832. Although a reservation in a deed
e.g. ingress and egress to an otherwise land-locked may be construed as exception to effect obvious
parcel of land. There must be an actual necessity intention of parties, or vice versa, in determining
or an easement of this type cannot exist. However, whether a deed created an easement, the tendency
the dominate estate need not depend on unreason- is to disregard the technical distinction between
able means for access, e.g. climbing over a mountain reservations and exceptions: Beck v. Lane County,
peak to reach the dominant estate. Easement by 141 Or. 580, 18 P.2d 594. Where there is an excep-
prescription. An easement created by continued tion or reservation of one thing, it is presumed that
adverse user for 10 years, under a claim of right, no other exceptions or reservations are intended:
exclusive, uninterrupted, and with the knowledge Fendall v. Miller 99 Or. 610, 196 P. 381. A reserva-
and acquiescence of the owner of the estate out of tion contained in a deed of conveyance, which is
which the easement is claimed. Where the use is doubtful or ambiguous, is to be construed most
merely permissive, and not adverse, there is no strongly against the grantor and in favor of the
basis on which an easement by prescription may grantee: Oliver v. Johnson, 166 Or. 475, 113 P.2d 430.
rest: Elliott, 2d, supra; Parrott v Stewart, supra. ... A reservation or covenant in a deed may create
the possession taken must be open, hostile and an easement in gross or appurtenant; to be deter-
continuous; he must unfurl his flag on the land, mined by instrument and intent of parties: Beck v.
and keep it flying, so that the owner may see, if
Lane County, supra.
he will, that an enemy has invaded his domain
and planted the standard of conquest: Curtis v. La EASEMENT IN GROSS The rights given to a party to
Grande Water Co., 20 Or. 34, 23 P. 808, 10 L.R.A. 484. use the land of another and are not annexed to, or
Permissive use can never ripen into a prescriptive restricted by other property, e.g. an easement for
Glossary-27
a telephone line. See: Easement appurtenant EAST-NORTHEAST The fourth part of the northeast
(easement annexed to the dominant estate). quadrant; 22 30 north of east; N 67 30 E. Ab-
breviated E.N.E.
EASEMENT, INTENT Land should not be burdened
with an easement unless the intent to create it is EAST-SOUTHEAST The fourth part of the southeast
clearly manifested or the circumstances are such quadrant; 22 30 south of east; S 67 30 E. Abbre-
as to clearly show that had the grantor considered viated E.S.E.
the matter he would have intended an easement
EASTWARD (or eastwardly). Having a direction to-
to burden the land: Dressler et al v. Isaacs et al, 217
ward the east.
Or. 586, 343 P.2d 714. The courts will not attempt
to discover and give effect to the conjectural in- EBB CURRENT Movement of a tidal current away
tent of parties to create an easement Id. Rules of from the shore or down a tidal stream.
construction are not to be invoked to contradict
EGRESS The act or right of going to, or coming from,
the plain meaning and purport of language of a
ones property.
grant: Minto v. Salem Water Etc. Co., 120 Or. 202,
250 P. 722. Where language of express grant of ELECTRONIC DISTANCE MEASURING (EDM) DEVICES
easement is clear and unambiguous, it is decisive Instruments that measure the phase difference
of the limits of the easement. Id. And, Presump- between transmitted and reflected or retransmit-
tion is that intention of parties is expressed by the ted electromagnetic waves of known frequency; or
language of the deed itself; and the deed must be that measure the roundtrip transit time of a pulsed
construed as a whole: Rall et ux v. Purcell et ur., 131 signal, from which distance is computed.
Or. 19, 281 P. 832.
ELEVATION The vertical distances of a point above or
EASEMENT OF ACCESS The right of ingress and below a reference surface or level datum; usually
egress to and from ones property to a public mad. elevations above or below sea level. Abbreviated
An abutting owner, however, is not necessarily ELEV.
entitled as against the public to access to his land
EMBLEMENTS A right in growing crops that one
at all points, and it is held that it is sufficient if he
possesses when his estate in land is of uncertain
has free and convenient access to his land and im-
duration. The owner of land, for example, may not
provements thereon, even though not at all points
harvest the crops of a tenant with these rights.
where it abuts upon the highway: Morris v. City
of Salem, 179 Or. 666. Where property fronts on EMINENT DOMAIN One of the oldest rights. It is
more than one street, access may be denied, under the right of government to take private property
perticular circumstances, at one of the streets, if within its jurisdiction, for public (never private)
adequate means of access remain to the owner at use, without the owners consent, upon paying
the other street or streets: Oregon Investment Co. et due compensation. The power of eminent do-
al v. Schrunk et al 242 Or. 63. A landowner is not main is inherent in the state; the Oregon and U.S.
entitled to compensation under eminent domain Constitutions are not grants, but limitations of the
for the circuitry of a route resulting from the con- power. Statutes authorizing the condemnation of
struction of a limited access highway: Highway private property for a public use are wholly in in-
Com. v. Central Paving Co., 240 Or. 71, 74. vitum, and since they are in derogation of vested
rights, must be strictly construed: Huddleston v.
EAST One of the four cardinal points of the compass.
Eugene, supra.
When not controlled by definite courses, monu-
ments, or descriptions, means due east. ENCROACH To enter, by gradual steps or stealth into
the property rights of another.
EASTERLY From the east or towards the east. When
not controlled by definite courses, monuments, or ENCROACHING WALL A wall that illegally intrudes
descriptions, means due east. The term must al- into the land of another. It is not a party wall, es-
ways yield to monuments and other definite calls. tablished by agreement.
EASTERLY COURSE Generally, an eastward course; ENCROACHMENT Infringement upon the property of
not due east. See Chapter 4. an abutting owner. An encroachment could render
title to the property unmarketable. An encroach-
EASTERN MOST Farthest to the east; most eastern.
ment could result in the creation of an easement
EASTING One of the two values indicating the posi- by implication if maintained for the statutory pe-
tion of a point on a coordinate grid system. The riod. Encroachments may be best thought of as an
easting coordinates are abbreviated E. overlapping.
Glossary-28
ENCUMBRANCE A burden or charge upon prop- ERROR (ACCIDENTAL) In cartography, any small er-
erty. A claim or lien upon an estate which may ror accidentally incurred in the measurement of
diminish its value. A paramount right which is a distance or angle. Not governed by fixed laws,
capable of defeating a grantees title. Anything the occurrence of these errors is the basis for the
that impairs the use or transfer of property, e.g. theory of probability. See Chapter 6.
an easement encroachment, unrecorded deed or ERROR (INSTRUMENTAL) Errors that arise from im-
mortgage, unpaid taxes, etc. Encumbrance, at law, perfections in an instrument. See Chapter 6.
is every right to, or interest in, land granted to the
diminution of value of land, but consistent with ERROR (NATURAL) Arising from the variations in
passing of fee simple absolute. temperature, humidity, wind, gravity, refraction,
and magnetic declination. A drafting vellum with
ENGINEERS CHAIN A 100 foot chain (actually a tape low dimensional stability can cause natural errors
with each chain equaling 1 foot) See chain. in mapping. See Chapter 6.
ENGINEERS LEVEL See level, engineers. ERROR (PERSONAL) Arising from the limitations of
ENJOIN To require. To require a person or party by the human senses; principally sight, touch and
hearing. See Chapter 6.
writ of injunction from a court of equity to per-
form, or to abstain or desist from, some act. Blacks ERROR (RESIDUAL) The difference between the value
Law Dictionary, rev. 4th ed. of a quantity obtained by a single measurement
and the mean value of that quantity obtained by
ENJOYMENT See Covenant for Quiet Enjoyment.
a number of measurements. The value that most
ENTIRETY Whole, in contrast to part. That which the nearly approximates the resultant error. See Chap-
law considers as incapable of being divided. ter 6.
ENTITLE To give a title or legal right. ERROR (RESULTANT) The difference between a mea-
sured value and the true value for a quantity. See
EPOCH As used in tidal datum determinations, the Chapter 6.
19-year Metonic cycle over which tidal height ob-
servations are meaned in, order to establish the ERROR (SYSTEMATIC) Synonymous with cumula-
various datum. As there are periodic and apparent tive error. The compounding of several errors,
secular trends in sea level, a specific 19-year cycle types of errors, or variety of errors. See Chapter 6
called the National Tidal Datum Epoch (NTDE) (surveying) and Chapter 11 (for systematic errors
is selected so that all tidal datum determinations produced by incorrect measurement procedures).
throughout the United States and its possessions ERROR OF CLOSURE The amount by which the value
will have a common reference. The NTDE offi- of a quantity obtained by surveying operations
cially adopted by the National Ocean Survey in fails to agree with another value of the same
1941-59. The NTDE will be reviewed for possible quantity held fixed from earlier determinations,
revisions at 25-year intervals. or with a theoretical value of quantity. See limits
of closure.
EQUALATERAL TRIANGLE A triangle which has three
equal sides. ESCHEAT The reversion of real property to the state
when the owner of the realty dies intestate and
EQUITABLE TITLE The right in a party, to whom eq- without heirs. ORS 112.055 if no person :takes un-
uitable title belongs, to have the legal title trans- der ORS 112.025 to 112.045, the net, intestate estate
ferred to him. The right to acquire absolute own- shall escheat to the State of Oregon.
ership of property to which another has title by
law. The purchaser in a land contract has equitable ESCROW AGENT Any person engaged in the business
title; legal title remains in the vendor and is held as of receiving escrows for deposit or delivery for
security for payment of the purchase price. compensation. (ORS 696.505 subsection 3.)
EROSION The gradual removal of soil by currents, ESCROW (GENERAL) A deed, bond, money, or piece
tides, wind, or glacial ice. Real property boundar- of property delivered by a grantor, promisor, or
ies can change as a result of erosion. obligor, to a third person to be held by the latter
until fulfillment of a prescribed condition, or hap-
ERRONEOUS Containing or characterized by error. pening of a specified event.
ERROR (GENERAL) The difference between an ob- ESCROW, REAL ESTATE An escrow where the escrow
served or calculated value and a true value. See fee is paid in whole or in part by a seller of real
Chapter 6. property and wherein the unpaid purchase price
Glossary-29
is delivered to an escrow agent for dispersal at the ture, shall not be subject to the debts or contracts
sellers direction simultaneously on the transfer by of her husband. ORS 108.050.
the seller of specified title to real property. (ORS
ESTATE FOR LIFE An estate that one may receive ei-
696.505 subsection 4.)
ther for the duration of her or his life or the life of
ESCROW (STATUTORY) ORS 696.505 Any transaction another (the latter estate known technically as a
wherein any written instrument, money, evidence life estate pur autre vie). The recipient of the estate
of title to real or personal property or other thing for life may receive it either by deed or by will.
of value is delivered to a person not otherwise The grantee of a life estate is generally referred to
having any right, title, or interest therein for the as the life tenant. As life tenant, he or she may do
purpose of effecting the sale, transfer, encum- with the estate almost as much as could be done
brance or lease of real or personal property, to be with a fee simple estate, except. (1) The life tenant
held by that person until the happening of a speci- may sell, but the grantee of the life tenants estate
fied event or performance of a prescribed condi- will receive an estat that will terminate upon the
tion, when it is then to be delivered by such person death of the life tenant, (2) The life tenant has a
to a grantee, grantor, promisee, promisor, obligee, right to receive any rents or profits from the land,
obligor, bailee, bailor, or any agent or employee of but he or she cannot injure the land to such an ex-
them. tent as to commit waste upon the land, (3) the life
tenant is entitled to what is technically known as
ESCROW AGENT Any person engaged in the business estovers, which is the right to take a reasonable
of receiving escrows for deposit or delivery for amount of wood from the land for fuel and for
compensation. ORS 696.505, subsection 3. repairs to any buildings on the land, (4) In absence
ESTATE (GENERAL) Every species of property; the of any agreement to the contrary, the life tenant
condition or circumstances in which an owner is bound to make reasonable, but is not required
stands with reference to his property. The degree, to make any improvements, (5) A life tenant may
quality, nature and extent of ones interest in, or mortgage a life estate, but the mortgage terminates
ownership of, property, real, personal, and mixed. with his death, but upon the death of the tenant,
Estate describes property, particularly real the mortgage would no longer constitute a lien
property, of which one is possessed. upon the property. ORS 91.030 provides: A tenan-
cy by entirety and a tenancy for life shall be such
ESTATE (PROBATES) ORS 111.005 Estate means the as now fixed and defined by the laws of the State
real and personal property of a decedent, as from of Oregon. See ORS 93.150 (Conveyance by tenant
the time changed in form by sale, reinvestment of greater estate than that possessed); ORS 93.160
or otherwise, and augmented by any accretions (Conveyance by reversioners and remain-dermen
or additions thereto and substitutions thereof or to life tenant vesta fee); ORS 105,310 (Setting of es-
diminished by any decreases and distributions tate for life or years in part not sold; re: court par-
there from. titioning); ORS 105.315 (Disposition of life estate
ESTATE BY THE ENTIRETY A common law estate or leasehold; re: court partitioning); ORS 108.540
based on the doctrine that husband and wife are (Removal of community property status by death
one, and that conveyance of real property to hus- of either spouse).
band and wife creates but one estate, each taking ESTATE IN FEE SIMPLE ABSOLUTE An absolute estate;
the whole estate. See ORS 108.090 (Conveyances, the largest estate and most prevalent interest in
transfers and liens between spouses; creation and land; the entire property in land; the complete
dissolution of estates by entireties; validation of ownership of land. At one time it was said of the
prior dissolutions). When property is owned by fee-simple-absolute estate, that the owner, dur-
either husband or wife, the other has no inter- ing his or her lifetime, could do anything he or
est therein which can be the subject of contract she wished with the land, except using the land
between them, or such interest as will make the as a nuisance. Today the fee-simple-absolute title
same liable for the contracts or liabilities of either provides the maximum ownership, but does so
the husband or wife who is not the owner of the subject to the restrictions enacted in both U.S. and
property, except as provided in ORS 108.040 (Li- state law (e.g. environmental laws, subdivision
ability for expenses of family or education of chil- laws, partitioning laws, etc.). Having the complete
dren.., liability after divorce or separation). ORS ownership of land, the owner may dispose of it
108.060. The property and pecuniary rights of entirely by sale or gift during her or his lifetime.
every married woman at the time of her marriage At the death of the owner, she or he may dispose
or afterwards acquired including real or personal of the property by a will, and if no will is left, it
property acquired by her own labor during cover- will pass to the owners issue, if any exists, or to
Glossary-30
the owners collateral relatives in the event she or ESTUARY, NATURAL Estuaries lacking maintained
be has no heirs of her or his body. jetties or channels, and which are usually little de-
veloped for residential, commercial or industrial
ESTATE OF INHERITANCE An estate that can be inher-
uses. They may have altered shorelines provided
ited, such as, a fee estate.
that these altered shorelines are not adjacent to an
ESTATE ON CONDITION One by which the terms of urban area. Shorelands around natural estuaries
the instrument in which it is created is subject to are generally used for agriculture, forest, recre-
a contingency not forming a part of the limitation ation and other rural uses (LCDC definition); e.g.
of the estate. If the estate is to begin on the hap- Sand Lake.
pening of a contingency, it is called an estate on
condition precedent. If it is to terminate on the ESTUARY (CONSERVATION) Estuaries, lacking main-
happening of a contingency, it is called an estate tained jetties or channels, but which are within or
on condition subsequent. Oregon has abolished adjacent to urban areas which have altered shore-
the estate on condition precedent. lines adjacent to the estuary. (LCDC definition).
ESTOP In law, to impede or bar ones own act. Ac- ESTUARY (SHALLOW-DRAFT DEVELOPMENT) Estu-
cording to Blackstone: A man shall always be aries with maintained jetties and a main chan-
estoppel by his own deed, or not permitted to aver nel (other than entrance channel) maintained by
or prove anything in contradiction to what he has dredging at 22 feet or less, e.g. Coquille River.
solemnly allowed. ESTUARY (DEEP-DRAFT DEVELOPMENT) Estuaries
ESTOPPEL A stop; a plea in bar, grounded on a mans with maintained jetties and a main channel main-
own act or deed, which estops or precluded him tained by dredging at deeper than. 22 feet, e.g.,
from averring anything to the contrary. Thus a Coos Bay. (LCDC definition).
party is estopped from disputing a record title ET AL Latin for and others or and another.
when, by his own negligence, he has held title out
to the world by means of a public record as being ET ALIUS Latin for and another.
good. Reasoner v. Fisikelli, 114 Fla. 102, 153 So. 98.) ET CON Latin for and husband. Et vir is the popular
An estoppel must be clearly proved. It conveys term for and husband.
no title; its purpose is to preserve right already
acquired. ET UX Latin for and wife.
ESTOPPEL BY DEED A technical estoppel, it is a bar ET VIR Latin for and husband.
precluding a party from denying the truth of his EVIDENCE (WRITING, RECORDING, PHOTOGRAPH,
deed. Ordinarily, it applies to the grantor and not DUPLICATES AND OTHER EVIDENCE) To prove the
the grantee. content of a writing, recording or photograph, the
ESTOPPEL BY LACHES A failure to do something original writing, recording or photograph, except
which should be done or to claim or enforce a right as otherwise provided in ORS 40.550 to 40.585 or
at a proper time. A neglect to do something one other law. ORS 40.555, Rule 1002. A duplicate is ad-
should do, or to seek to enforce a right at a proper missible to the same extent as an original unless (1)
time. Blacks Law Dictionary, rev. 4th ed. p. 1017. a genuine question is raised as to the authenticity of
the original, or (2) in the circumstances it would be
ESTOPPEL IN PALS (PRONOUNCED IN PAYS) Estop- unfair to admit the duplicate in lieu of the original.
pels by conduct, as distinguished from estoppels ORS 40.560, Rule 1003. The original is not required,
by deed, written declaration, or by other written and other evidence of the contents of a writing, re-
record. Blacks Law Dictionary, rev. 4th ecl p. 1264. cording or photograph is admissible when (1) all
Common-law dedications are in the nature of es- originals are lost or have been destroyed, unless
toppel in pals. the proponent lost or destroyed them in had faith,
ESTUARY A body of water, semi-enclosed by land, (2) an original cannot be obtained by any available
connected with the ocean, and within which salt judicial process or procedure, (3) at a time when
water is usually diluted by fresh water derived an original was under control of the party against
from the land. The estuary includes: (a) estuarine whom offered, that party was put on notice, by the
water, (b) tidelands; (c) tidal marshes; and (d) sub- pleadings or otherwise, that the contents would be
merged lands. Estuaries extend up-stream to the subject of proof at the hearing, and the party does
head of tidewater, except for the Columbia River not produce the original at the hearing, or (4) the
Estuary, which by definition is considered, to the writing, recording or photograph is not closely re-
Western edge of Puget Island. (LCDC definition). lated to a controlling issue. ORS 40.565. Rule 1004.
Glossary-31
EVIDENCE CODE, OREGON The rules provided in ORS EXECUTION OF INSTRUMENT When used in con-
Chapter 40 to secure fairness in administration, nection with instruments conveying realty and
elimination of unjustifiable expense and delay, particularly deeds connotes all acts necessary to
and promotion of growth and development of the operation of instruments, such as writing, show-
law of evidence to the end that the truth may be ing the consideration, signing, acknowledging,
ascertained and proceedings justly determined. and delivering. See ORS 93.530.
ORS 40.020, Rule 102. ORS Chapter 41 speaks to
EXECUTOR (GENERAL) The person appointed by a
evidence generally.
testator to execute his will, or see it carried into
EXCEPT To take out, or leave out from a part or a effect.
whole; not including.
EXECUTOR (PROBATES) As regards taxable prop-
EXCEPTION IN A DEED A clause in a deed which erty, deductions, and rates; ORS 118.005 defines
withdraws from its operation; some part of a thing executor as meaning the executor, administrator,
granted which would otherwise have passed to personal representative, fiduciary, or custodian of
the grantee under the general description. , The property of the decedent, or if there is no executor,
word exception, in a deed, is used synonymously administrator, fiduciary or custodian appointed,
with the word reserving; however, a reservation in qualified and acting, then any person who is in the
a deed creates some new right in the grantor issu- actual or constructive possession of any property
ing out of the thing granted. inculpable in the estate of the decedent for inheri-
tance tax purposes whether or not such estate is
EXCESS The state of surpassing or going beyond
subject to administration. See also ORS 118.855(3)
the limits; the fact of being in a measure beyond
regarding disputes over domicile of decedent.
sufficiency; or that which exceeds what is usual,
proper, proportionate or specified. For example, a EXECUTRIX A female executor, a woman appointed
subdivision block is found, by a survey, to be lon- by a testator to execute his will.
ger than shown by the distance on the recorded
EXISTENT CORNER A corner that its position can
plat. The difference between the specified length
be identified by verifying the evidence of the
and the actual length is known as excess. There
monument, or its accessories, by reference to the
are definite rules for the distribution of excess and
description that is contained in the field notes; or
deficiency.
where the point can be located by an acceptable
EXCLUSIVE OWNERSHIP An ownership of real prop- supplemental survey record, some physical evi-
erty that is free from any legal or equitable interest dence, or testimony.
that another might have in that property.
EXPRESS DEDICATION A clear, definite, explicit, un-
EXECUTE To complete, as a legal instrument. To per- mistakable dedication. A dedication that is not
form what is required to give validity to, as by dubious or ambiguous. An express dedication is
showing consideration, signing, acknowledging declared in specific language, usually in writing,
and delivering, as to execute a deed, will, etc. See and on a subdivision plat. However, an express
ORS 93.010 and 93.030. dedication can be manifested by a deed or an
explicit oral declaration of the owner to devote
EXECUTED DEED A deed that is signed acknowledged
the land to the public use. The term is usually ap-
and delivered.
plied in contrast to an implied dedication made
EXECUTION AND ACKNOWLEDGEMENT Customar- by some act or course of conduct of the owner,
ily, a deed is executed or signed by the grantor or from which a reasonable inference of intent may
grantors. It is only when the grantee is assuming a be drawn, or which is inconsistent with any other
mortgage that both the grantor and grantee sign a theory than that he intended a dedication. See:
deed. In order for a deed to be recordable, it must Blacks Law Dictionary, rev. 4th ed. p. 501.
be acknowledged. This has been defined as the act
EXPRESSWAY Expressway means a divided arte-
by which a party, who has executed an instrument
rial highway with four or more lanes available for
of conveyance as grantor, goes before a competent
through traffic with full or partial control of access
officer and declares or acknowledges the same as
and with or without grade separation at intersec-
his or her genuine and voluntary act or deed. The
tions.
officer is usually a notary public. The reason for
this is to prevent forged instruments. The notary EXTREME LOW TIDE Tides which are lower than low-
will require identification of those who sign, and er low, and therefore lower than mean lower low,
furthermore, he will require that the instruments which occur at certain seasons. State vs. Edwards,
be executed in his or her presence. 62 P2d, 1095, 188 Wash. 467). See Chapter 10.
Glossary-32
FALLING The distance by which a survey line falls to dispose of the property by will. If the owner leaves
the right or left of a corner on which the random no will, the real property will pass to her or his
line was intended to close. issue, if any, or to collateral relatives in the event
there are no heirs of the owners body. As stated,
FATHOM A unit of length, for measuring the depth of
the fee simple absolute estate constitutes the abso-
water, equal to six feet. See Chapter 10.
lute ownership of real property. This being so, it
FEATURE SEPARATION Process of separating a sepa- follows that all other estates in real property must
rate drawing, engraving, or negative for selected be held in terms of quantity of ownership or time
types of data in the preparation of a map or chart. of holding that are less than a fee simple.
FEDERAL-AID HIGHWAY State highways described FEE SIMPLE CONDITIONAL At common law, an estate
by Section 103b of Title 23. United States Code, as created by a conveyance (by a donor) to a donee
selected and designated by the Oregon State High- and the heirs of the donees body. It has been de-
way Commission. fined as an estate restrained to some particular
heirs, exclusive of others, as to the heirs of a mans
FEE In feudal law, a right to use anothers land in
or womans body, by which only his or her lineal
return for services rendered or to be performed;
descendants were admitted in exclusion of collat-
also, the land so used; a fief; hence, in common
eral; or to the heirs male of his body, in exclusion
law, a loan of land or estate in trust, granted by an
of heirs female, whether lineal or collateral. Willis
owner or holder to a grantee, to be held on some
v. Mutual Loan & Trust Co., 183 N.C. 267. It is called
condition, as of personal service, and which re-
a conditional fee by mason of the condition ex-
verts to the grantor if the grantee fails to comply
pressed or implied in the. donation of it that if the
with the conditions; Websters New Twentieth Cen-
donee died without such particular heirs, the land
tury Dictionary, Standard Reference Works Pub-
should revert to the donor.
lishing Co., Inc., New York, N.Y. In English law,
a freehold estate of inheritance, with or without In Oregon this was a fee simple conditioned on an
the adjunct simple, denoting an absolute inheri- issue being born to the donee until Sept. 9, 1971. If
tance descendable to heirs at the pleasure of the the donee did not have issue upon death, the estate
proprietor, who is absolute owner of the soil. In was to revert to the donor. 1971 Or. Laws, ch. 382,
the United States, an estate held by a person in his subsection converted this into a fee simple abso-
or her own right, and descendible to the heirs in lute, ie. ORS 93.250. Every conveyance or devise
general, without conditions. of lands, or interest therein, made subsequent to
Sept. 9, 1971, using language appropriate to create
FEE, BASE (ESTATES) A determinable or qualified fee;
a fee simple conditional or fee tail estate shall cre-
in the nature of a fee, but not a fee simple absolute.
ate an estate in fee simple absolute in the grantees
It is an interest, which may continue forever, but
or devisees of such conveyances or devises. Any
the estate is liable to be determined without aid of
future interest limited upon such an interest is a
a conveyance by some act circumscribing its con-
limitation upon the fee simple absolute and its va-
tinuance or extent.
lidity is determined accordingly.
FEE SIMPLE Synonymous with fee simple absolute.
FEE SIMPLE DETERMINABLE A freehold estate with
FEE SIMPLE ABSOLUTE The fee simple or the fee limitation annexed that upon the happening of
simple absolute, as it is sometimes called, is an some future event, the estate will automatically
absolute estate; the highest estate which the law terminate; but this estate is less than a freehold
recognizes; a full and absolute estate in all that can estate of inheritance. Sometimes called a base
be granted; the largest estate and most prevalent fee or qualified fee, the fee simple determinable
interest in land; it is the complete ownership in is an estate in fee; consequently, it may endure
land; one that confers an unlimited power of alien- forever. Therefore, it is necessary that the event
ation (as unlimited, that is, as allowed by statutory creating the fee simple determinable be not cer-
law). During the owners lifetime, the fee simple tain but only a contingency. Note: ORS 105.770
absolute title allows that owner to do anything she provides: (1) A special limitation or a condition
or he wishes with the land, provided it is in con- subsequent, which restricts a fee simple estate in
formance with the law, e.g. not a nuisance, build- land, and the possibility of reverter or right of
ing code followed, statutory partitioning laws are entry for condition broken thereby created, shall,
adhered to, and the like. Thus, having complete, if the specified contingency does not occur within
absolute ownership of the land, the owner may 30 years after the possibility of reverter or right of
dispose of it entirely by sale or by gift during her entry was created, be extinguished and cease to be
or his lifetime. At the owners death, she or he may valid. (2) This section shall apply only to inter vi-
Glossary-33
vos instruments taking effect after January 1, 1978, information. If you suspect the plat or map to
to wills where the testator dies after such date, and be incorrect, it is a good idea to review the field
to appointments made after such date, including tablets as well as the field notes (if they are obtain-
appointments by inter vivos instruments or wills able) to see if the field survey measurements have
under power created before such date. See: ORS been transcribed correctly.
105.772 regarding possibilities of reverter or rights
FIELD TABLETS The field survey notes containing all
of entry limited on fees simple existing on January
survey measurements and other information criti-
1, 1978. Exclusions are covered in ORS 105.774.
cal to the survey; the original survey notes. The
FEE SIMPLE ESTATE One entitling the owner to the field tablets are the rough draft; the field notes are
entire property, with unconditional powers of dis- the neater, finished notes for filing. Some survey-
position during his life (unconditional in theory), ors take such care in making the field tablets that
and descending to his heirs and legal representa- they suffice as field notes. Fill, ORS 41.805(5). The
tive on his death intestate, and includes both legal total of deposits by artificial means equal to or ex-
title and equitable title. ceeding 50 cubic yards or more of material at one
location in any waters of this state.
FEE TAIL A freehold estate in which there is a fixed
line of inheritable succession limited to issue of the FILL ORS .541.605(5) The total of deposits by artificial
body of the grantee or devise, and in which regu- means equal to or exceeding 50 cubic yards or
lar and general succession of heirs at law is cut off. more, of material at one location in any waters of
In Oregon the fee tail estate has been converted this state.
into a fee simple absolute by ORS 93.250 (1971 Or.
FILIAD LANDS Submerged and submersible lands
Laws ch. 382 sec 1), i.e.: ORS 93.250. Every convey-
reclaimed artificially through raising such lands
ance or devise of lands, or interest therein, made
above the highest probable elevation, of the tides
subsequent to Sept. 9, 1971, using language appro-
to form dry lands, by placement of a fill or deposit
priate to create a fee simple conditional or fee tail
of earth, rock, sand or other solid imperishable
estate shall create an estate in fee simple absolute
material. ORS 274.705(l).
in the grantees or devisees of such conveyances or
devises. Any future interest limited upon such an FIRE DISTRICT See rural fire protection district and
interest is a limitation upon the fee simple absolute forest protection district.
and its validity is determined accordingly.
FISCAL YEAR The period beginning on July 1 of any
FEE TAIL ESTATE See Fee Tail. given year and ending on June 30 of the next year.
FEOFFEE The grantee, or beneficiary, of a feoffment; FIXED POSITION An adjusted value of the position of
one vested with a fee, or corporeal hereditaments. a point on the earth.
FEOFFMENT Originally, the grant of a feud or fee. FIXTURE (General) A thing that was originally per-
It is: (a) a gift of any corporeal hereditaments to sonal property that has been annexed to the land
another, (b) or, the instrument or deed by which in a more or less permanent manner and is now
corporeal hereditaments are conveyed. The words considered real property.
enfeoff or grants are sufficient words in a deed to
FLYSHEET Record of names of the owners of each par-
create a feoffment.
cel of real property on each cadastral map. Usually
FEOFFOR (OR FEOFFER) The grantor of a feoffment, filed opposite the cadastral map in the map book-
in contradistinction to the feoffee (grantee) who binder. The flysheets are not a mandatory part of
received the feoffment. the state cadastral map system; however, they are
highly recommended.
FIELD NOTES The written record of a survey. They
identify lines previously established from which FLOOD PLAIN A belt of low flat ground bordering a
the survey has been extended, with suitable calls stream channel that is flooded when runoff ex-
referring to the alignment and measurements, de- ceeds the capacity of the stream channel.
scription of topography along the lines surveyed,
FOCAL LENGTH Distance between the center, vertex,
and monumentation of the work. Field notes are
or rear node of a lens (or the vertex of a mirror),
usually transcribed from the field tablets. Survey
and the point where the image of n infinitely dis-
plats, subdivision plats and route strip maps are
tant object comes into focus.
constructed from the field notes, which in turn are
developed from rough field tablets. Consequently, FORECLOSURE A legal proceeding by which the
the plats and maps are products of two transcrib- county acquires legal title to a property when
ing steps, often the reason they contain erroneous taxes is not paid by a certain time.
Glossary-34
FORESIGHT The reading on a leveling rod being held vey. Fractional lots are usually less than 40 acres.
at a point whose elevation is to be determined. One or more of the following creates the deficiency
Also called a minus sight. See Chapter 6. of fractional lots
FOREST PATROL ASSESSMENT The cost levied and 1. Meandered bodies of water.
assessed under ORS 477.270. 2. State boundaries.
3. Reservation boundaries.
FOREST PROTECTION DISTRICT ORS 477.001(8)
4. National parks.
Means an association, group or agency composed
5. Overlapping government surveys
of owners of forest lands, organized for the pur-
6. Donation Land Claims.
pose of protecting such forest lands from fire.
7. Patented mining claims.
FORFEITURE In the United States, the property of an 8. Excess or deficiency of exterior sections of a
individual may be surrendered to the state by vir- township.
tue of forfeiture for one of two reasons: failure to 9. Resurvey of the public lands,
pay taxes or treason. Fractional Lot is synonymous with government
FORTRAN (CAMS) An acronym for FORmula TRANs- lot; however, not all government lots are fractional
lation; a procedure oriented computer program- lots. See Chapter 5. (Note: Fractional is used to des-
ming language. ignate excess as well as deficiency.) See Chapter 5.
FORWARD AZMUTH See azimuth and back azimuth. FRACTIONAL LOTS (Subdivisions and townsite) A
See Chapter 4. fractional lot of a subdivision or townsite is usu-
ally a lot irregular in size or shape as compared to
FOUND CORNER See existent corner. the majority of uniform lots of the subdivision or
FOUR CORNERS (OF A DEED) Used in reference to townsite. The term is meaningless because it de-
everything on the face of a deed. All wording scribes all of the lot. The term is used to describe
contained in a deed, without any aid from the excess as well as deficiency.
knowledge of the circumstances under which it FRACTIONAL SECTION A section that is not whole
was made, is said to be within its four corners, or regular (one containing more or less than 640
because every deed is still supposed to be written acres). The word fractional, as used in describing
on one entire skin, and so to have but four corners. a section of land partly within and partly without
See: Blacks Law Dictionary, rev. 4th ed., p. 785. Four a meander line, refers simply to the circumstance
corners rule. The construction of a deed is made that the section does not contain 640 acres of dry
on the entire deed, and not merely on a particular land (or contains more than 640 acres). See Chap-
part, and having thus taken the instrument by ter 5.
the four corners, you can endeavor to ascertain its
true intent (which is the essence of every agree- FRACTIONAL TOWNSHIP A township where the
ment). Swan E. Sanborn v. City of Minneapolis et outer boundary lines cannot be carried out in full
al (35 Minn. 314, 29 N.W. 126). Note: In arriving because of a water course or some other external
at a property construction of the effect of a deed, interference. Excess or deficiency carried into ex-
the four comers rule is always applied. But when ternal lots of external sections does not create, in
necessary, regard must also be given to the situa- itself, a fractional township. See Chapter 5.
tion of the property and the state of the title. Keep FREE ACCESS Unobstructed, open, clear, unham-
in mind that a construction which would make a pered, unrestricted, and unimpeded access.
deed legal is preferred to one having the opposite
effect. Keedy v. United Rys, 57 Or. 325, 100 P. 658, 108 FREE BOUNDARY A boundary not limited by definite
P. 197. And, The presumption is that the intention bearings and dimensions.
of the parties is expressed by the language of the FREEHOLD An estate in real property for life or in
deed itself. Rall et ux v. Purcell et ux, 131 Or. 19, 281 fee. A right of title to land. It is an estate of inheri-
P. 832. tance.
FRACTIONAL The use of fractional in a deed means FREEHOLD ESTATE (1981)
there is less land than is usually contained in a
FREEHOLD ESTATE (1) Any interest in real property
lot , block, section or township. Tractional is not
which is or may become possessory. It is an inter-
synonymous with part.
est greater than leasehold; the duration of which is
FRACTIONAL LOTS (Surveys of the public lands). Ir- not fixed by a specified or certain period of time,
regular 1/16 subdivisions of fractional sections as but may last during the lifetime of some person. It
designated on the official plats of the public sur- is an estate of inheritance, or for life in heredita-
Glossary-35
ments existing in or arising out of real property GENERAL COMMON ELEMENTS In general, the ele-
of free tenure (1981). (2) Estates according to their ments common to all owners. For, a specific de-
quantity or duration are divided into freehold es- scription of general common elements see ORS
tates and estates of less than freehold. The en- 91.500.
durance of an estate of freehold is of an indetermi-
nate length, which is or may become possessory. It GENERAL COMMON ELEMENTS (CONDOMINIUM
is an interest greater than a leasehold, the duration LAW) ORS 94.004. General common elements,
of which is not fixed by a specific or certain period unless otherwise provided in a declaration or by
of time, but may last the lifetime of some person. consent of all the unit owners, means:
It is an estate of inheritance, or for life in heredita- GENERAL COMMON ELEMENTS (GENERAL USAGE)
ment existing in or arising out of real property of The elements of a subdivision, condominium,
free tenure. It is distinguished from the estate of planned community, etc., that are common to all
less than freehold, because the length of the latter owners of land, unite, or of land and improve-
is capable of accurate determination. The estates ments in the development. See: General common
of freehold are generally treated in the legal sense elements (condominium law).
as real property. The estates of less than freehold
are generally treated as personal property in the (a) The land, whether leased or in fee simple,
nature of leasehold interests. on which a building is located, except any
portion thereof included in a unit or made a
FREEHOLD INTEREST An interest in real property, the
limited common element by the declaration;
duration of which is not fixed by a specified or cer-
tain period of time, but must, or at least may last (b) The foundations, columns, girders, beams
during the lifetime of some person. supports, main walls, roofs, halls, corridors,
FREEWAY In Oregon, a throughway. However, lobbies, stairs, fire escapes, entrances and
the term freeway is a more explicit term for a exits of a building;
throughway that is a divided arterial with four or (c) The basements, yards, gardens, parking ar-
more lanes available for through traffic with full eas and outside storage areas;
control of access and grade separation at intersec-
tions. Sometimes referred to as an expressway (d) Installations of central services such as pow-
or superhighway. See: Throughway. er, light, gas, hot and cold water, heating, re-
frigeration, air conditioning, waste disposal
FRONTAGE A piece of land that fronts; the land be- and incinerating;
tween the front of a building and a street. Websters
New Collegiate Dictionary. (e) The elevators, tanks, pumps, motors, fans,
compressors, ducts and in general all appa-
FRONTAGE ROAD A local street or road that generally ratus and installations existing for common
parallels a freeway or throughway, and that pro-
use;
vides access to property isolated from the limited
access freeway or throughway. When designed (f) The premises for the lodging of janitors or
specifically for the latter purpose, the term ser- caretakers of the property; and
vice road is often used.
(g) All other elements of a building necessary
FRONTING The words fronting and adjoining are or convenient to its existence, maintenance
synonymous, and reference to lots fronting upon a and safety, or normally in common use. See:
street means that the lots touch the boundary line Limited common elements.
of the street.
Note: ORS 94.066 provides: Subject to the provi-
FRONTING AND ABUTTING Synonymous with front- sions of the declaration, a declarant has an ease-
ing, but must be interpreted in context with the ment through the common elements as may be
other wording where it is used. The term is usually reasonably necessary for the purpose of discharg-
used in reference to land that abuts a public way, ing any obligation of the declarant or exercising
but is also used to describe the boundary of ripar- any special declarant right, whether arising under
ian land that abuts the water. The term fronting the provisions of ORS 94.004 to 94.480 and 94.991
and abutting will not deprive the owner of the or reserved in the declaration or by laws. (See
land from his or her lawful rights to the fee in the also, ORS 94.250--Easements held by units and
bed of a public way or highway.
common elements, and ORS 94.285--Taxation of
FURLONG A unit of linear measure that equals 1/8 of units, common elements, appraisal and assess-
a mile (or 660 feet). ment). (Laws as of Sept. 27, 1987.)
Glossary-36
GENERAL DEVISE (PROBATE LAW) ORS 111.005. responsibilities of the G.L.O. plate and abolishing
General devise means a devise chargeable the General Land Office.
generally on the estate of a testator and not distin-
GEOCODING The combining of geographic based
guishable from other parts thereof or not so given
data into a special geographic number. It is a sys-
as to amount to a specific devise. Note: A devise,
tem designed for the computer manipulation of
when used as a noun, means property disposed geographic data and non-map data converted to
of by a will and includes legacy and bequest. geographic terms, for operational and analytical
ORS 111.005(11). See: Specific devise. application. The state standard tax lot number is a
GENERAL LAND OFFICE (abbreviated G.L.O.) (1989) simple example of a geocode.
A United States bureau created by the act of April GEODESY That part of practical geometry which has
25, 1812, 2 Stat. 716, in the Treasury Department. for its object, the determination of the magnitude
The chief officer was called the Commissioner of and figure either of the whole earth or of any given
the General Land Office to superintend, execute, portion of its surface, especially of a large portion.
and perform all such acts and things, touching or
respecting the public lands of the United States . GEODETIC COORDINATES The system of spherical
. . A chief clerk was to be appointed who would coordinates of the earth described with reference
take the place of the commissioner in case that to latitude and longitude.
position became vacant. The commissioner was to GEODETIC NORTH True North.
countersign patents and had a multitude of other
administrative duties. One flaw in this act was GEODETIC POSITION The term is used interchange-
that it did not give clear authority to the commis- ably with geographic position, and refers to a
sioner over the surveyor general. Because of that position on the spheroid representing the earth.
omission, the surveyor general continued to oper- GEODETIC SURVEYING Surveying in which the
ate in a semi-autonomous fashion for the next 25 curvature of the earth must be considered. The
years or more. They made their own rules for the term geodetic survey is often used in reference
execution of the public land surveys, often only at to the N.O.A. surveys (formerly. U.S.C. and G.S.
the insistence of the commissioner. But whatever surveys).
it lacked, the act established a bureau responsible
GEODOMETER A geodetic distance meter used to
for the land surveys and sales, which Alexander
electronically measure distances.
Hamilton had suggested 22 years earlier. It also
got the War Department and the State Department GEOGRAPHICAL Relating to geographic location; to
out of the land busing. The act of July 4, 1836, 5 geography.
Stat. 107, reorganized the G.L.O. It said in part: GEOGRAPHIC COORDINATES Geodetic coordinates,
That from and after the passage of this Act, the state plane coordinates, rectangular survey coor-
executive duties.., appertaining to the surveying dinates, local coordinates. Any coordinates that
and sale of the public lands.., shall be subject to relate to a specific geographical network of coordi-
the supervision and control of the Commisioner of nates. Usually means geodetic coordinates.
the General Land Office ... Section 2 of the act au-
thorized appointment of a Principal Clerk of the GEOGRAPHIC LAND INFORMATION SYSTEM (G.I.S.)
Public Lands and a Principal Clerk of Private Any system of geographic referenced land infor-
Land Claims. Section 3 provided for a Principal mation or data, associated with a specific place on
Clerk of Surveys, and Sections 4 and 5--a recorder or relatively near the earths surface, designed to
of the G.LO. On March 3, 1849, 9 Stat. 395, Con- provide rapid, or at least efficient, entry and re-
gress established the Department of the Interior trieval of land and land related information and
which brought together, under the Secretary of data (such as location, size and shape of land par-
the Interior, the Patent Office, G.L.O., Indian Af- cels; parcel ownership; public easements; demo-
fairs, Public Buildings and several other functions graphic data; soil types; land classifications and
of government. The act of September 27, 1850, 9 uses; minerals; riparian interests; bodies of water;,
Stat. 496, created the office of Surveyor General transportation routes; urban growth; property val-
in Oregon, and extended the rectangular survey ues; environmental data; and the like).
system to that territory. It allowed the geodetic GEOGRAPHIC POSITION Synonymous with geodetic
method for executing the surveys; and provided position when used in relation to geodetic sur-
the Donation Law for the territory. On July 16, veys. Usually by latitude and longitude; however,
1946, the Bureau of Land Management was estab- any location with reference to a geographic datum
lished in the Department of Interior, assuming the could be called a geographic position.
Glossary-37
GEOGRAPHY A systematized knowledge regarding sible suspicion. It is a title reasonably free from
the earths surface as it exists, its physical features litigation.
and phenomena, the living creatures (especially
GOOD AND MERCHANTABLE TITLE Title in fee simple,
mankind) and the political divisions of mankind.
free from litigation, palpable defects and grave
From applied mathematics, as geodesy, topogra-
doubts, which will enable the owner to not only
phy, and cartography, it derives a systematic decli- hold land in peace, but to sell or mortgage it to a
nation of the surface (mathematical geography). person of reasonable prudence and caution. It is a
GEOID The precise mathematical shape of the earth. title free from reasonable objections.
GEOLOGY ORS 516.010(4) Geology means the study GOOD AND SUFFICIENT DEED A marketable deed,
of the earth and in particular the study of the ori- which will pass a good title to the land it purports
gin, history and topographic form of rocks, ores to convey.
and minerals, either under the ground or upon the GOOD TITLE Generally, a title free from substantial
surface, and their alteration by surface agencies, restrictions or limitations; however, not necessar-
such as wind, water, ice and their agencies, and ily one perfect of record. The term is synonymous
the economics of their use. with clear title, good and marketable title, and
GEOMETRIC LINE The edge of any surface; the bound- good and merchantable title.
ary of a polygon; a line that separates one figure GOVERNMENTAL AGENCY Any agency which can
from another. A geometric line has no thickness constitutionally be created by a congressional or
or width. legislative body, that performs duties of public
GEOTHERMAL AREA ORS 522.010(5) Geothermal area character, is a governmental agency, i.e., federal
means any parcel, of land that is or reasonably ap- government, state government, county govern-
ment, city government, taxing district, etc.
pears to be, underlaid by geothermal resources.
GOVERNMENT LOTS Lots established, measured, and
GEOTHERMAL RESOURCES See resources geothermal.
computed by the U.S. Governments survey of the
GEOTHERMIC Relating to the internal heat of the public lands. The term is often used synonymously
earth. with fractional lots or lots (1/4 1/4 sections ir-
regularly shaped and more, or less than 40 acres).
GIFT OF PROPERTY A voluntary conveyance of prop-
Some government lots are regular in shape and
erty, both real and personal, without consider-
are 40 acres in area.
ation.
GOVERNMENT SURVEY Generally, the term is used in
G.L.O. The General Land Office of the U.S. An agency
reference to the U.S. Bureau of Land Management
created in 1812 to take charge of all such acts and
surveys of the Public Lands of the U.S. (prior to
things touching or respecting the public lands 1946, Government Land Office surveys). The term,
of the U.S., which included the surveying of the however, might be used in reference to surveys
public lands. On July 16, 1946, the B.L.M. was es- executed by other U.S. agencies, i.e., the U.S. Forest
tablished in the Department of Interior. Under that Service, the U.S. Geological Survey, the National
plan, the G.L.O. was abolished and its functions Oceanic Survey. Technically, any survey executed
were transferred to the B.L.M. The office of the U.S. by a governmental agency whether U.S., State,
Supervisor of Surveys, together with the field sur- County or City.
veying service known as the Cadastral Engineer-
ing Service, was abolished and the functions were GOVERNMENTAL AGENCY Any agency, such as the
transferred to the Secretary of the Interior. In July Oregon Department of Revenue, that can constitu-
of 1946, the Secretary of the Interior ordered that tionally be created by a congressional or legislative
the functions and powers of the G.L.O., and the body, that performs duties of a public character.
U.S. Supervisor of Surveys, together with the Field The organization, machinery, or agency through
Surveying Service, be exercised by the Director of which a political unit exercises authority and per-
the B.L.M. subject to the direction and control of forms functions of a public nature, and which is
the Secretary. usually classified according to the distribution of
power within it, e.g. the Department of Transpor-
G.L.O. PLATS The official plats of the U.S. Govern- tation. Synonymous with public agency. See:
ment Land Office. The term is often used in refer- Governmental body and Quasi-public.
ence to B.L.M. plats executed after July 1946.
GOVERNMENTAL BODY The body of persons and
GOOD AND MARKETABLE TITLE One that is free from agencies that constitutes the governing authority
reasonable doubt; not necessarily free from pos- of a political unit or organization. Synonymous
Glossary-38
with political body, as used in this publication. GRID MERIDIAN The meridian, based upon a coordi-
The United States government, Oregon State gov- nate system that is used as a reference meridian.
ernment, a city government or county government. See Chapter 7.
See: Governmental agency and Quasi-public.
GRID NORTH The direction of y-axis of a cartesian
GRANT (a) To convey, (b) a conveyance. Means to coordinate system. See Chapter 7.
bestow; to confer; to agree or assent to. The word
GROSS ACREAGE The acreage before or without dimi-
is generally used to denote private conveyances. It
nution or deductions.
is applicable to all transfers of real property and
incorporeal rights; comprehending everything GROUND CONTROL (Photogrammetry) Control ob-
that is passed from one to another and is applied tained from ground surveys as distinguished
to every species of property. Grant is synonymous from that obtained by photogrammetric methods.
with the word conveyance.
GROUND WATER ORS 537.515(3) Any water, except
GRANT BARGAIN & SELL Operative words of convey- capillary moisture, beneath the land surface or
ance that imply a general warranty. Grant bargain beneath the bed of any stream, lake, reservoir or
& sell should be sufficient to carry all legal or equi- other body of surface water within the boundar-
table interest the grantor has in the land. ies of this state, whatever may be the geological
GRANTEE A grantee is one to whom some valuable formation or structure in which such water stands,
interest or right in land is conveyed by the deed; flows, percolates or otherwise moves.
the person to whom a grant is made. GROUND WATER RESERVOIR ORS 537.515(4) A desig-
GRANTOR (General) One who conveys land. nated body of standing or moving ground water
having exterior boundaries which may be ascer-
GRANTOR (TRUST DEEDS) ORS 86.705. Grantor tained or reasonably inferred.
means the person conveying an interest in real
property by a trust deed as security for the per- GUARD STAKE (Surveying) A stake driven near a hub
formance of an obligation. ORS 86.715 explains (in to protect and identify a hub.
part), ... For the purpose of applying the mort- GUARDIAN (General) One who is chosen or appoint-
gage laws, the grantor in a trust deed is deemed ed to take charge of an estate and education of an
the mortgagor and the beneficiary is deemed the orphan who is a minor, or of any person who is not
mortgage. 1959 Or. Laws ch. 625 subsec 7; 1961 of sufficient discretion to manage his own affairs.
ch. 616 subsec 4; 1965 ch. 457 subsec 4; 1983 ch. 719
subsec 5; 1985 ch. 817 subsec 3. See note under ORS GUARDIAN (GUARDIANSHIP, AND CONSERVATOR-
86.705. SHIPS, ORS Chapter 126). ORS 126.003 Means a
person appointed as guardian of a minor or in-
GRID A network composed of two sets of equidistant capacitated person under ORS 126.060 to 126.143.
parallel lines, intersecting at right angles. Note: Generally, a guardian is a person who is cho-
GRID AMMUTH An azimuth measured from grid sen or appointed to take charge of an estate and
north. See Chapter 7. education of an orphan who is a minor, or of any
person who has insufficient discretion to manage
GRID BEARINGS Bearings oriented to, or based on his or her own affairs.
the grid north datum of the grid being used. See
Chapter 7. GUARDIAN (Statutory) ORS 126.003 Guardian means
any person appointed under ORS 126.003 to
GRID COORDINATES The points on a Euclidean co- 126.413 as guardian of the person, guardian of the
ordinate system, described by perpendicular dis- estate, or both, for any other person.
tances from a coordinate datum, usually on an x
and y axis. See Chapter 7. GUIDE MERIDIAN (System of Rectangular Surveys)
Correction lines extended north from the base
GRID DECLINATION The angular difference in direc-
line, or standard parallels, at intervals of 24 miles
tion between grid north and geodetic north. See
east and west from the principal meridian. The
Chapter 7.
guide meridians are terminated at the points of
GRID DISTANCE The straight line distance between their intersections with standard parallels; the
two points on a grid; obtained by computations guide meridian being projected on the true merid-
from the grid coordinates. See Chapter 7. ian and the fractional measurement being placed
in the last half mile.
GRID GAUGE (Micrographics). A gauge that is used to
check the position of images on microfiche. GUNTERS CHAIN See chain.
Glossary-39
HABENDUM The statement in a deed that usually fol- the land in the sections and subdivision lines, and
lows the premises: To have and to hold the prem- not the exact quantity which a perfect measure-
ises herein granted unto the party of the second ment of an unobstructed surface would declare.
part ... (the wording here limits and defines the See Chapter 5.
estate to be taken by the grantee. Any reservation
HALF-TIDE, LEVEL (Mean tide level) Hypothetical
or declaration of trust is made at this point in the
deed). One rule of construction is that when the surface midway between high water and mean
habendum conflicts with the premises, the prem- low water.
ises are construed to indicate the intent of the HALFTONE Photomechanical printing surface or the
deed. However, in Oregon the four corners rule impression therefrom, in which detail and tone
demands that the intent of the parties be derived values are represented by a series of evenly spaced
from all wording contained within the four com- dots of varying size and shape, varying in direct
ers of the deed when such a construction is pos- proportion to the intensity of the tones they rep-
sible. Consequently, the habendum can indicate resent.
intent of the parties if, by applying the four cor-
ners rule, the language of the entire deed, except HARBOR LINE The line beyond which wharves and
the conflicting or ambiguous wording, supports other structures cannot usually be extended. It
such an interpretation. marks the boundary of a certain part of public wa-
ters being reserved for a harbor. See Chapter 10.
HACHURES Short lines on topographic maps or nau-
tical charts to indicate the slope of the ground or HARD-SURFACED HIGHWAYS (state highways, ORS
submarine bottom. They usually follow the direc- Chapter 366). ORS 366.015 As used in all highway
tion of the slope. Also, inward pointing short lines Acts, hard surfaced highways means any state
or ticks around the circumference of a closed road or highway constructed and surfaced or to
contour indicating a depression or a minimum. In be constructed and surfaced with such materials
the cadastral map program hachures are used to or combinations of materials as to produce what
define subdivision boundaries. is commonly known or styled pavement, and not
such construction or surfacing as is commonly
HALF (General) The word half has no technical mean-
known as macadan.
ing other than its ordinary meaning as a quantita-
tive term. When a deed calls for half of a tract of HARMONIC PLANE The zero adopted by the National
land and there is nothing to suggest the contrary, Oceanic Administration, upon which its tidal
half should be construed as meaning half in quan- tables, charts, and maps are based.
tity.
HEAD OF STREAM The uppermost point on the
HALF (U.S. Public Land Surveys) When reference is stream, which furnishes a continuous stream of
being made to 1/4 or 1/4 1/4 sections, the terms water. See Chapter 10.
east-half and west-half, or north-half and south-
half are to be interpreted as meaning half as HECTARE A metric unit of square measure equal to
divided by a line equidistant from the boundary 2.47 acres or 10,000 square meters. See tables in the
lines of the subdivision of section. A deed of the appendix.
east-half of a parcel of land according to the U.S. HEIR (Probates) ORS 111005. Heir means any person,
survey is definite, and excludes the principle of including the surviving spouse, who is entitled
equal quantities, and fixes the dividing line equi- under intestate succession to the property of a de-
distant from the boundary lines of the parcel thus cedent who died wholly or partially intestate.
subdivided. This rule will possibly create conflicts
when government lots are a part of the 1/4 section HEIRS AND ASSIGNS Words of limitation and not of
being divided in half. In this case the intent is usu- purchase. In common law, this wording was es-
ally to convey a parcel of land divided by the gov- sential to conveyance of fee simple.
ernment lot lines; however, this is not always the HEIRS OF THE BODY Words of limitation describing a
case. It is, therefore, important to try to determine fee tail estate.
the intent of the conveyance. See half section. See
Chapter 5. HEREDITAMENTS Anything which can be inherited.
HALF SECTION The south half; north half, east half or HIGH WATER (HW) The maximum height reached by
west half of a section would be that half according a rising tide. The height may be due solely to the
to the government survey. The general and proper periodic tidal forces or it may have superimposed
acceptance of the terms section and half section as upon it the effects of prevailing meteorological
well as their construction by the B.L.M., denotes conditions. The U.S. DEPT. of Commerce, NOAA,
Glossary-40
discourages use of the term high tide. See Chap- (1) Homestead means the principal residence
ter 10. owned and occupied by the taxpayer and located
in Oregon. It includes the land area of the tax lot
HIGH WATER LINE Intersection of the land with the
or tax lots on which the residence is located, but
water surfaces at an elevation of high water. When
does not include land area in excess of one acre,
used in deeds, the term must be interpreted as
mean high water line. See Chapter 10. or the minimum by zoning, whichever is greater.
If the residence is located on a tax lot or lots that
HIGH WATER MARK The line or mark upon tidal flats, include land area that is classified or designated
beach, or along shore objects indicating the eleva- or is otherwise specially assessed as farm or for-
tion of the intrusion of high water. See Chapter est land under ORS 308.345 to 308.403, 321.257 to
10. 321.372, 321.705 to 321.765 or 321.805 to 321.825, or
HIGH WATER MARK (Rivers) The point to which a as open space land under ORS 308.740 to 308.790,
river usually rises in an ordinary season of high that portion of the land area so specially assessed
water. It is the point where the water stands suf- shall not be included as part of the homestead
ficiently long enough to destroy vegetation; im- property. If the residence is located in a multiunit
pressing upon the soil as the line of dominion. building, the residence is the portion of the build-
It does not mean the height reached by unusual ing actually used as the principal place of abode
floodwaters. See Chapter 10. and its percentage of the value of the common ele-
ments and of the value of the tax lot upon which it
HIGHWAY (GENERAL) Every public way, thorough- is built. The percentage is the value of the unit in
fare, road, street or stretch of land used or intend- the building consisting of the residence compared
ed for the use of the general public for travel from
to the total value of the building exclusive of the
place to place. The term includes bridges, tunnels,
common elements, if any. If the residence is a part
viaducts and other structures intended for travel,
of a group of associated single family units on one
by the public, by vehicle, foot, horse, boat, bicycle,
tax lot, the residence is the single unit and the por-
motorcycle, etc., from place to place.
tion of the common tax lot allocated to it on the
HIGHWAY Synonymous with the general definition basis of the relative value of each unit.
(above) except excludes highways under jurisdic-
HOMESTEAD ENTRY An entry under U.S. land laws
tion of the Department of Transportation (noted as
for the purpose of acquiring title to a portion of
state highways).
the public domain under the homestead laws.
HIGHWAY DIVISION (STATE HIGHWAY LAW) ORS
366.005 (1981) The Highway Division of the De- HORIZONTAL ANGLE An angle measured in a hori-
partment of Transportation. See ORS 366.105 to zontal plane. All angles shown on cadastral maps
366.165 for provisions of the law on 0rganization are horizontal angles.
of Highway Division. The Oregon Transportation HORIZONTAL CONTROL Control stations whose grid
Commission, as provided for in ORS 366.215, may coordinates have been computed; plane surveys
select, establish, adopt, lay out, locate, alter, relo- whose known points can be converted to coordi-
cate, change and realign primary and secondary nate values. See Chapters 6 and 12.
state highways.
HORIZONTAL DATUM In plane surveying, the grid
HIGHWAY, STATE ORS 366.005 Any road or high- system of reference used for the horizontal con-
way designated as such by law or by the Oregon trol of geographical area; defined by the easting
Transportation Commission pursuant to law and and northing of one station in the area, and the
includes both primary and secondary state high- azimuth from this selected station to an adjacent
ways. station. See Chapter 6.
HOMESTEAD (ORS 310.630 HARP) The taxable prin- HORIZONTAL DIRECTION Direction in a horizontal
ciple dwelling located in Oregon, either real or plane. See Chapter 4.
personal property, whether owned or rented by
the taxpayer, and the taxable land area of the tax HORIZONTAL DISTANCE Distance measured in a
lot upon which it is built. horizontal plane, as distinguished from distance
measured on a slope.
HOMESTEAD (Tax Reduction Program on owner oc-
cupied principle residences). Section 1, Chapter HORIZONTAL LINE A line that is perpendicular to
241, Oregon Laws 1979 provides: vertical lines.
Sec 1. As used in sections I to 8 of this Act, unless HORIZONTAL PLANE The plane that is perpendicular
the context otherwise requires: to the direction of gravity.
Glossary-41
HORIZONTAL POSITION The grid position of a hori- grantee, even though not expressly described or
zontal control point. mentioned in the deed. Thompson, Commentaries
HUB A wooden, stake, iron pipe or rod, set in the on the Modern Law of Real Property, 1961 Replace-
ground, with a tack or marker to indicate the exact ment, sec 351, cites several cases that explain, It
position of a measured point. is a general rule of law that where one conveys
a part of his estate, he (or she) impliediy grants
HYDROGRAPHIC SURVEY Surveys of bodies of natu- all those apparent or visible easements upon the
ral and artificial bodies of water. part retained which were, at the time, used by the
HYPOTENUSE In a right triangle, the side opposite grantor for the benefit of the part conveyed, and
the right angle. (Also spelled hypotenuse.) See which are reasonably necessary for the use of that
Chapter 9. part. Implied easements fall into two categories (1)
those necessary for the enjoyment of some other
HYPSOMETRIC MAP A map that shows relief by con-
tours, shading, tinting or hachures. right granted (or necessary for the enjoyment of
the land purchased by a grantee), and (2) where
ID Something previously mentioned. the easement is necessary to give effect to the com-
IDEOGRAPH (or ideogram) A graphic character which mon intent of parties to a grant of real property
suggests the idea of a subject; a pictorial represen- with reference to the manner or purposes in and
tation of thought. for the land granted or the land retained. The most
important consideration for the courts in deter-
IMAGERY Visible representation of objects and (or)
mining whether an implied easement has passed,
phenomena as sensed or detected by cameras,
or was retained, is the intent of the parties ss
infared and multispectral scanners, radar and
disclosed by the extent and character of the truer,
photometers. Recording may be on a photographic
the nature of the property, and the relation of the
emulsion (directly as in a camera or indirectly
after being first recorded on magnetic tape for separated parcels of land to each other. Thompson,
subsequent conversion and display on a cathode- supra, citing Philadelphia Steel Abrasive Co. v. Louis
ray tube). J. Gedicke Sons, 343 Pa. 524, 23 A.2d 490, 138 A.L.R.
776; Rogers v. Cation, 9 Wash.2d series 369, 115 P.2d
IMPLIED DEDICATION An implied dedication is one 702. Implied easements rest on the intent of. the
arising by operation of the law from the acts of the parties, not necessity alone, Perodeau v. OConnor,
owner. It may exist by an express grant and need
336 Mass. 472, 146 N.E.2d 512; Wiesel v. Smira, 49
not be evidenced by any writing, nor by any form
R.I. 246, 142 A. 148, 58 A.L.R. 818. In the Oregon
of words oral or written. It is not founded on a
case of Dressler et al v. Isaacs et al, 217 Or. 586, 343
grant, nor does it necessarily presuppose one, but
P.2d 714, the court said, It is generally agreed that
is founded upon the doctrine of equitable estop-
pel. It is in the nature of an estoppel in pais, and implied easements are not favored by the courts.
is irrevocable. It may be established by evidence It would seem enough to say that a mans land
of conduct, and by many ways. If the donors acts should not be burdened with an easement unless
are such as to indicate an intention to appropriate the intent to create it is clearly manifested or the
the land to the public use, then upon acceptance circumstances are such as to clearly show that
by the public the dedication becomes complete. had the grantor considered the matter he (or she)
Portland Ry., L. & P. Co. v. Oregon City, 65 Or. 574, would have intended an easement to burdened his
166 P. 932, cit Elliott on Roads, Streets & Highways, (or her) land; id., cit. Jack v. Hunt, 200 Or. 263, 264
3d ed., subsec 137. P.2d 461, as in the examples supplied here.
IMPLIED EASEMENT An easement based on the pre- IMPROVEMENT A structure, appurtenance or other
sumed intent of the parties based on surround- addition, modification of alteration constructed,
ing circumstances rather than on the language placed or made on or to the land. The term includes
of the deed. La Plant v. Schuman, 196 N.W. 280. any building, street, sidewalk, wharf, bridge,
For example, the owner of a 40-acre tract of land ditch, flume, reservoir, well, tunnel, fence, tower
makes the beck 20 acres dependent on the 20 and all other structures and superstructures.
acres abutting a public way for a means of ac-
cess, and creates a private way over the 20 acres INCHOATE Imperfect; partial; unfinished; begun,
fronting and abutting the public way, and then but not completed; or in process of becoming.
sells the back 20 acres that is dependent on the An inchoate interest in real estate is not a present
private way. The private way is an easement that interest, but may ripen into a vested estate, if not
had been created that passes by implication to the barred, extinguished or divested.
Glossary-42
INCHOATE DOWER Not an estate, but nevertheless a for recording on photographic film or magnetic
right or interest in the land, of which a wife may tape.
not be deprived except by proceeding. See dower.
INGRESS To go into, or to enter. Used to denote a right
INCORPOREAL Not of a material nature. to go upon or enter ones own property, or a right
of others to go upon or enter the property, i.e. a
INCROACHMENT See encroachment.
right of ingress. The root of the word is in the
INCUMBRANCE A burden or charge upon property. A old English law ingressus, meaning ingress or en-
claim or lien upon an estate, which may diminish try, and the ancient writ of entry ingressu.
its value. It is a paramount right, which might de-
INHERITANCE An estate in things, real, personal, cor-
feat title of the grantee. Incumbrance is anything
poreal or incorporeal.
that impairs the use or transfer of property; an
easement; encroachment; unrecorded deeds or INITIAL POINT Starting point of a traverse.
mortgages; unpaid taxes, etc. Incumbrance, at law, INITIAL STATION Target of initial pointing.
is every right to or interest in land granted to the
diminuation of value of land, but consistent with INK ADHERANCE The ability of a tracing surface to
passing of fee. hold on to ink.
INDEFEASIBLE TITLE A title that cannot be defeated, INLAND WATERS ORS 308.515(3) Inland water or in-
set aside, or made void. land waters shall mean all water or waters within
the State of Oregon, all interstate rivers touching
INDENTURE Historically, a conveyance of real estate. Oregon and all tidewaters extending to the ocean
In law, a deed or written agreement between two bars. See Chapter 10.
or more parties.
INNAVIGABLE Synonymous with not navigable
INDEPENDENT RESURVEY An official running and and unnavigable. Not capable or suitable for
marking of new township and section boundary navigation. See Chapter 10.
lines without regard for the location of the record
lines and corner monuments, or other marks of INSHORE In beach terminology, the zone of variable
the prior survey which the independent resurvey width between the shore-face and the seaward
is designed to supersede. This type of survey is limit of the breaker zone.
only effective with respect to the public lands; the INSHORE LIMITS OF WETLAND Junction of wetland
tract segregations do not modify the private titles. and stable ground.
This type of survey is designed to give official
recognition and respect to all such rights when INSTRUMENT OF CONVEYANCE A written document
required for the identification of the remaining by which property is transferred. A deed, contract,
public lands. See Chapter 5. etc. To be effective in this state, an instrument of
conveyance must have a grantor, some person or
INDEXING FILM (Micrographics) A system that uses party capable of taking title to the real property
targets, flash cards, lines or bars to quickly find (a grantee); right, title or interest to be conveyed,
specific data on a reel or microfilm without the consideration stated as required by law, words of
need to examine each image in sequence. grant, signatures, and acknowledged or proved,
INDEX MAP A map, in the standard cadastral map delivered and accepted Recording suffices to
system, used to identify and locate maps in a transfer property, but is not actually required by
township, section or 1/4 section. The term & law. See ORS 93.010, Conveyances, how made.
Index, when shown at the upper and lower right- Oregon law provides in ORS 93.020, (1) No es-
hand corners of the cadastral map, is used to show tate or interest in real property, other than a lease
that the map not only shows property ownership for term not exceeding one year, nor any trust or
and parcel numbers, but also identifies and locates power concerning such property, can be created,
certain parts of a township, section, or 1/4 section transferred or declared otherwise than by opera-
that has been mapped at a larger scale. See Chap- tion of law or by a conveyance or other instrument
ter 2. in writing, subscribed by the party creating, trans-
ferring or declaring it, or by the lawful agent of
INDIRECT MEASUREMENT See direct measurement.
the party under written authority, and executed
See Chapter 9.
with such formalities as are required by law. (2)
INFRARED SCANNER A thermal mapping device. An This section does not affect the power of a testa-
instrument that detects infrared radiation and tor in the disposition of real property by a last will
converts the detected energy to an electrical signal and testament, not to prevent a trust from arising
Glossary-43
or being extinguished by implication or operation ten instrument itself. Rall et ux v. Purcell et ux, 131
of law, nor to affect the power of a court to compel Or. 19, 281 P. 832. The cardinal rule of construction
the specific performance of an agreement in rela- (of a deed) is that the construction be made on the
tion to such property. Scs: ORS 93.030, requiring entire deed, and not merely upon a particular part,
the consideration be stated on instruments of con- and having thus taken the instrument by the four
veyance and related memoranda; ORS 93.040, re- comers, you can endeavor to ascertain its true in-
quiring warning to be stated in instruments of content. Sanborn. The courts are ,unanimous in their
veyances, as well as contracts to convey, relating to support of the rule that it is the joint intent of the
approved uses of the land; ORS 93.110, removing grantor and the grantee that governs the intent of
the ancient requirement that words of inheritance a conveyance of real property. A courts duty is to
are necessary to convey fee (the conveyances are assume the position of the parties and to consider
now deemed to convey grantors entire estate); and the circumstances of the execution of the convey-
other statutes in ORS chapter 93 that relate to con- ance, and therefrom, if possible, gain the intent of
veyances and instruments of conveyance. the parties to a conveyance. Dexlin v. Powell 67
Cal. App. 165, 170, 227 P. 231. The conveyance in its
INSTRUMENT DIRECT (Surveying) The theodolite or entirety and each part thereof is to be considered
engineer transit in its normal position. Signified to give effect to the true intent of the grantor and
by the letter D in field notes. grantee. Las PaSas W. Co. v. Ventura, 97 Cal. App.
INSTRUMENT REVERSED (SURVEYING) The the- 296.
odolite or engineer transit when the telescope INTERACTIVE DIGITAL PLOTTING SYSTEM (CAMS) A
is plunged from the instrument direct position. technical term for CAMS; a Computer Assisted
In field notes, the letter R signifies a reading Mapping System consisting of a CPU (Central Pro-
with the instrument reversed, called a reverse cessing Unit), a digitizer, CRT (Cathode Ray Tube),
reading.Instruments of conveyance, statutory. a decwriter, a controller mini computer and a plot-
Warranty deeds (ORS 93.850, form and effect); ter. Used for converting map data into digital data,
special warranty deeds (ORS 93.855, form and and when needed, digital data into map data.
effect); bargain, and sale deeds (ORS 93.860, form
and effect); quitclaim deeds (ORS 93.865, form and INTERCARDINAL POINTS The points on the compass
effect). that mark northeast, southeast, northwest and
southwest. The cardinal points are North, South,
Note: ORS 93.870 provides: The form of deeds set East and West.
forth in ORS 93.850 to 93.865 are permissive and
not mandatory. Other forms of deeds may be used INTEREST (Oregon Subdivision and Series Partition
for the conveyance of real property. Control Law) ORS 92.305 Interest includes a
lot or parcel, and a share, undivided interest or
Also note.- ORS 93.110 states: A deed of quitclaim membership which includes the right to occupy
and release, of the form in common use, is suffi- the land overnight. Interest also includes the
cient to pass all the estate which the grantor could lessees interest in land for more than three years,
lawfully convey by a deed of bargain and sale. or less than three years if the interest may be
See also ORS 93.860(3). renewed under the terms of the lease for a total
INTENT The purpose, aim, or design A mental at- period of more than three years. Interest does
titude of a dedicator, or parties to a deed, made not include any interest in a condominium (that
known by certain conduct or acts. An operation of term is defined in ORS 94.004) or any security
the mind that must be proven as a fact, and is rare- interest under a land sales contract, trust deed or
ly to be inferred as an actual matter of law. It can mortgage. Interest does not include divisions of
usually only be evidenced by words or conduct of land created by lien foreclosures or foreclosures of
persons claimed to have entertained it. In Parrott v. recorded contracts for the sale of real property.
Stewart, 65 Or. 254, the court said, In determining INTEREST (Subdivision Laws) See ORS 92.305(4).
as to dedication, the intention of the owner is the
INTEREST IN LAND The legal concern of a person in
controlling factor;, but the !aw dom not seek for his
a thing or property, or in the right to some of the
undisclosed intention. It acts upon his intention
benefits or uses from which the property is insepa-
as evidenced by his acts and the circumstances
rable.
whlch he permits or encourages. True intent is the
essence of every instrument of conveyance. Swan INTERFACE (CAMS) The junction between compo-
E. Sanborn v. City of Minneapolis et al, 35 Minn. nents of a data process system. The interface is
314. The presumption is that the intention of the that important element that allows different types
parties is expressed by the language of the writ- of hardware and software to function as one total
Glossary-44
system. A plotter, for example, must be interfaced ISOSCELES TRAPEZOID A trapezoid whose nonparal-
to the computer and controller so that it under- lel sides is equal.
stands the commands of those units and so that
ISOSCELES TRIANGLE A triangle which has two equal
it will accept the commands and signals of the
sides.
computers.
ISSUE OF NAVIGABILITY ORS 274.029(2) For the pur-
INTERMEDIATE (Micrographics) Microfilm used to pose of the Division of State Lands performance of
make copies for distribution. its lawful functions, whether a stream was navi-
INTERMITTENT STREAM ORS 541.605 Any stream gable in fact on February 14, 1859. A stream was
which flows during a portion of every year and navigable in fact on that date if it was susceptible
which provides spawning, rearing or food proof being used in its ordinary condition as a high-
ducing areas for food and game fish. See Chapter way for commerce, trade and travel in the custom-
10. ary modes of trade and travel on water. See Daniel
Ball and see discussion in Chapter 10.
INTERPOLATION The operation of finding terms be-
tween any two consecutive terms of a series (usu- JOINT ESTATE An estate which as a plurality of ten-
ally in math tables) that must conform to the law ants having the same interest, in the estate, occur-
of that series. See Chapter 9. ring under the same conveyance, commencing at
the same time, and held under the same undi-
INTERPOLATED WATER ELEVATION (IWE) Water el- vided possession.
evation interpolated from established datum at
two adjacent tide stations. JOINT TENANCY An estate arising by purchase or
grant to a plurality of persons who have the same
INTERSECTION (SURVEYING) A method of locating interest, under the same conveyance, commencing
the horizontal position of a point by observations at the same date, and under the same undivided
from two or more points of known position, thus possession.
measuring directions that intersect at the station
JOINT TENANTS A plurality of persons who, by grant
being located.
or purchase, have one and the same interest in
INTERSTATE Between two or more states. Intrastate lands or tenements, by one and the same instru-
means entirely within the state. ment of conveyance or will. They can hold the
lands or tenements in fee-simple, for life or for
INTERSTATE HIGHWAY Every state highway that is
years, or at will.
part of the National System of Interstate and De-
fense highways established pursuant to section JUS COMMUNE The Latin jus means law; com-
103(d), title 23, United States Code. mune means common. Jus commune means the
common law.
INTERSTATE SYSTEM Same as interstate highway.
JUST TITLE Regarding acquisition of property by
INTESTATE One who dies without leaving a valid prescription, a title received from any person hon-
will, or the circumstances of dying without leav- estly believed to be the real owner, providing the
ing a valid will that would effectively dispose of title were such as to transfer the ownership of the
his estate. property.
INTESTATE SUCCESSION Succession to property of a JUXTAPOSITION Near, contiguous, side-by-side.
decedent who dies intestate or partially intestate.
KELPSHORE Submersible land. The land between the
INTRASTATE Entirely within the state. line of ordinary high water and the line of ordi-
INVOLUNTARY ENCUMBRANCE Any encumbrance nary low water.
upon property other than a voluntary encum- KILOMETER A metric unit of measure equal to 0.62137
brance. mile; 3,280.83 feet. One mile equals 1.609 kilome-
ISOGONIC CHART A chart showing the magnetic dec- ters.
linations of the earths surface by isogonic lines. LAKE A lake is an island body of water of considerable
size lying in a natural basin or depression below
ISOGONIC LINES Lines passing through points of
ordinary drainage level. Whether water is a lake,
equal magnetic declination.
marsh, swamp or bay depends on the depth of the
ISOPLETH A line of constant value of a given quantity water, its permanence according to season, and its
with respect to either space or time, e.g., contours, main source of supply. (See Keener v. Sharp, Mo.
isobars. App, 95 S.W. 2d 648.)
Glossary-45
LAMBERT, J. H. A Swiss surveyor and mathematician of a section of a township. The description may be
who developed, among other concepts, the conic by mates and bounds, by parcel identifier, or by
conformal projection that provided the plane used rsferenee to a subdivision, condominium, planned
for state plane coordinate grids, and the azimuthal community or the rectangular survey system.
equal area projection. He developed the conic con-
LAND DEVELOPMENT (General) The division of lands
formal projection in 1772; 87 years prior to Oregon
into lots, parcels, units, memberships or interests
statehood. ORS 93.330 defines the Oregon Coor-
for the purpose of disposition.
dinate System as a Lambert conformal projec-
tion (not a Lambert grid). LAND GRANT The donation of public lands to a subor-
dinate government, a corporation, or individual.
LAMBERT GRID Used to denote the grid of the Oregon
Coordinate System. Technically, the term is incor- LANDMARK A monument or material mark or fixed
rect because Lambert did not develop the Oregon object used to designate a land boundary on the
Coordinate grid (Oregon was not even a state ground.
in 1772 when Lambert developed his conic con-
LAND PARCEL (1) The basic land unit of the Oregon
formal projection), he only developed the plane
Standard Cadastral Map System. A contiguous
upon which the grid is developed. It was Dr. 0. S.
area of land capable of being described in a single
Adams, senior mathematician for the U.S.C. & G.S.
description, by a closed traverse; or as one of a
who developed the mathematics of the Oregon
number of lots, blocks, sections, or tracts in a
Coordinate grid.
subdivision or township, separately owned and
LAMBERT PROJECTION This term can be used to capable of being separately conveyed. (2) This term
denote either J. H. Lamberts conic conformal has no strict meaning in tha law, and its definition
projection or his azimuthal equal-area projection. must be in context with the law in which it is used,
However, in Oregon it is generally used in refer- or the principle, doctrine or concept where it has
ence to the conic conformal projection required by been applied. But its generally accepted meaning,
ORS 93.330 as the plane of the Oregon Coordinate in the statewide cadastral map system. Any tract
System. (See Chapter 7 for an explanation.) of land, lot or contiguous lots, block or contiguous
blocks, section or contiguous sections of a subdivi-
LAND Technically, the surface of the earth and all
sion or township, owned by one party, at one time,
its natural resources. However, the term has no
for which thers is a unique and complete bundle
single, strict meaning, and its definition must be
of rights; that can be enclosed by one, unbroken
in context with the law in which it is applied. As
boundry line. Land on each side of a public way is
used in assessment and taxation, it is that part of
contiguous if the owner of land abutting the pub-
real property that is either the raw, undeveloped
lic way has the underlying fee in the way (which is
land, or improved to the extent to a site (a site
the case in must situations). The public easement
existing when land has been improved to the point
does not divide the servient estate. Although the
that it ia, or is ready to be, used for the purpose
intent of the cadastral map standards is to confine
intended). Site developments are improvements to
to contiguous fast simple interests in one owner,
the land that become so intertwined with the land
the standards recognize that some noncontiguous
as to become inseparable (fill, grading and level-
segments of land have all the characteristics of a
ing, utility facilities such as sewer and water, and
land parcel. The standards allow such lands to
any other improvements to the land necessary to
be mapped, appraised and assessed as one parcel
improve it to become a site). The term is sometimes
of land. For entopic, farmland on each side of an
used synonymously with real property, malty,
interstate highway, with access under the highway.
real estate, and property (including structures,
Because an easement ia a non-possessory interest
buildings, equipment, fixtures etc.), but such use
in land, it must not be referred to as a land par-
is inappropriate when applied to assessment and
cel, but rather an interest in land. If it becomes
taxation.
necessary to identify such intereste in the assess-
LAND CERTIFICATE The obligation of the United ment cadastre by reference to a parcel identifier, it
States government entitling the owner to secure must be identified by a special interest number.
the designated quantity of lands by following the
LAND PATENT A document or instrument issued by
requirements of the law.
the United States conveying a part of the public
LAND DESCRIPTION The description of the boundary domain. Forms being recorded in counties, titled
of a parcel area or unit of land; of a lot, block, tract Land Patent, in which an individual claims to be
or other unit of a subdivision, condominium or the true owner of the land under a patent from the
planned community; or of a section or subdivision federal government, and makes certain assertions
Glossary-46
as to its effect, are not conveyances in the usual document itself, but from extrinsic causes. See pat-
sense. They are merely declarations by the record ent ambiguity.
owner (usually) that he or she is the lawful owner
LATENT DEFECT A hidden defect in a deed which is
of the property and challanges anyone to prove
not discoverable by general inspection made with
otherwise. The Oregon Department of Justice (150-
303-4-00913; 83-261, Allodium Deeds) has identi- ordinary care.
fied these documents as attempts to place the land LATERAL RAILROAD A branch of a railroad that con-
beyond the reach of the tax collector and govern- nects to the main trunk.
ment regulations. The department says, They are
ineffective and may be ignored by the assessor. LATITUDE (Geodetic use) The angular distance north
See: Allodium deeds. or south of the equator. The horizontal element of
the geodetic coordinate system.
LANDS, PUBLIC See public lands.
LATITUDE (In plane surveying) The amount that one
LAND SURVEYOR A person who has knowledge of end of a line is north or south of the other end; as
the principles of mathematics, physical and ap- the plane coordinates of, a point are known as the
plied sciences, the techniques of measurement easting and northing of a point, the latitude is
necessary to the various surveying branches and the difference between the northing of the two
the relevant requirements of law for adequate
ends of the line. See latitude and departure.
evidence, which are all requisite to surveying of
real property. (ORS 672.002.) The practice of land LATITUDE AND DEPARTURE The x and y components
surveying without registration as an Oregon Land used to mathematically check the closure of a
Surveyor is prohibited as per ORS 672.025. See polygon. The latitude of any line is the north-south
ORS 672.007 for acts that constitute the practice of difference between the two ends of a traverse line
land surveying. (distance A B in the following illustration).
LAND SURVEYS Generally, surveys executed to estab-
lish property boundarias and corners.
LANDED ESTATE Denotes real property; an interest in
and pertaining to land.
LAND SURVEYS Generally, surveys executed to estab-
lish property boundaries and corners.
LAND USE CLASSIFICATION SYSTEM The coding of
categories and subcategories designed to desig-
nate land or water use.
LAPLACE STATION A station of triangulation or
traverse at which both astronomic azimuth and The departure of the line is the east-west difference
astronomic longitude have been determined. (A between the two ends of a traverse line (distance
Laplace or true geodetic azimuth is an observed B C of the preceding illustration). The formula for
astronomic azimuth corrected for the prime ver- computing the latitude and departure of a line is:
tical component of the deflection of the vertical.)
The Laplace equation, used for computing true Lat. = Dist. of AC x cos AC
geodetic azimuth from astronomic azimuth is: Dep. = Dist. of AC x sin AC
a G = a Q +(A G)sin G LATITUDINAL CURVES An easterly and westerly line
Where aG is the geodetic azimuth, aQ the astro- properly adjusted to the same mean bearing from
nomic azimuth, A the astronomic longitude, G the each monument to the next one in regular order;
geodetic longitude and (G the geodetic latitude). as distinguished from the long chord or great
circle that would connect the initial and terminal
LAPPAGE A situation whereas one party claims land, points.
under a deed, while another claims (in large part)
the same land. The words lap, overlap, interfer- LATITUDINAL LINES (U.S. Survey of the Public Lands)
ence, conflict and interlock are synonymous with The north and south exterior lines of a township.
lappage.
LAW, KINDS OF ORS 40.990, Rule 202 of the Evidence
LATENT AMBIGUITY Occurs when the deed appears Code identifies law that is judicially noticed in
certain, but the ambiguity arises not from the Oregon as:
Glossary-47
1. The decisional, constitutional and public statu- LEASEHOLD ORS 91.500(13) The interest of a person,
tory law of Oregon, the United States and any firm or corporation who is the lessee under a lease
state, territory or other jurisdiction of the Unit- from the owner in fee.
ed States. LEAST COUNT The smallest reading that can be ob-
2. Public and private official acts of the legislative, tained from a vernier, without interpolating. The
executive and judicial departments of this state, least count is given by the expression
the United States, and any other state, territory d/n
or other jurisdiction of the United States.
Where d = the smallest division on the vernier
3. Rules of professional conduct for members of scale,
the Oregon State Bar.
Where n = the number of divisions on the vernier.
4. Regulations, ordinances and similar legislative
LEDGE (Mining Claims) Synonymous with the word
enactments issued by or under the authority
lode.
of the United States or any state, territory or
possession of the United States. LEFT BANK (River or stream) The bank to the left
when facing downstream.
5. Rules of court of any court of this state or any
court of record of the United States or of any LEGAL CADASTRE See cadastre, legal.
state, terntory or other jurisdiction of the United LEGAL DESCRIPTION This term has no technical,
States. precise meaning. Rather, it is used in reference
6. The law of an organization of nations and of to descriptions that either derive their authority
foreign nations and public entities in foreign from the law, are founded on the law, or have a
nations. formal status derived from the law (often without
a basis in actual fact). The term is usually applied
7. An ordinance, comprehensive plan or enact- in reference to the description on an instrument of
ment of any county or incorporated city in this conveyance, a document describing a taxing dis-
state, or a right derived therefrom. As used in trict boundary or boundary change, the surveyors
this subsection, comprehensive plan has the certificate on a subdivision plat, a road viewers
meaning given that term by ORS 197.015. report, the Record of Descriptions of Real Proper-
ties, etc.
Note: Taking notice does not mean all of the
foregoing sources are legally applicable in this LEGAL TITLE One cognizable or enforceable in a
state; are constitutional; are recorded as law in Or- court of law; or one which is complete and perfect
egon (although it is obvious the list includes acts, so far as regards the apparent right of ownership
rules, ordinances, stetutes, principles based on de- and possession, but which carries no beneficial
cisions, plans, regulations and legislative acts that interest in the property, another person being
are applicable in Oregon, or are a part of Oregon equitably entitled thereto. Blacks Law Dictionary,
civil or common law). It means the courts will in- rev. 4th ecL, suprc.
struct the jury to accept as conclusive evidence any LENGTH OF THE TIDE The vertical distances from a
fact of law judicially noticed (in any civil action or reference datum to the water surface at any stage
proceeding). See ORS 40.085, Rule 201 (g) of the of the tide.
Oregon evidence code (ORS 40.010 to 40.585).
LESSEE The one to whom a lease is made; the person
LAYOUT (or, Layout Map) A preliminary cadastral holding the estate by right of lease.
map or work map used for plotting secondary sur- LESSOR The one granting a lease.
veys and parcel boundaries; for computing acre-
ages; for taxlotting maps; for plotting lines from LETTING Synonymous with leasing.
aerial photos. The manuscript map. LEVEE An artificial bank confining a stream channel
LEAGUE 2.4 to 4.6 statute miles. The square league is or limiting adjacent areas subject to flooding; an
4,428 acres more or less. embankment bordering a submarine canyon or
channel, usually occurring along the outer edge of
LEASE A transfer of the rights of use and occupancy the curve of a stream. The word is sometimes used
of land and/or structures by the owner (the lessor) to denote a place on a river for lading and unlad-
to another person or persons or entity (the lessee) ing goods and for the reception and discharging of
for a specified period of time. passengers to and from boats, ships, barges, etc.
Glossary-48
LEVEL (1) pertaining to a level surface, (2) to make LIEN A legal term generally used to signify an in-
horizontal at the point of observation; and (3) an cumbrance on property; and is usually employed
instrument used for leveling. See Chapter 6. in connection with privileges, and not mortgages;
however, mortgages are liens. Can be created by
LEVEL DATUM A level surface to which elevations
statute or contract; and they must arise from us-
is referred. (Generally, used to denote mean sea
ages of trade or commerce. It denotes a legal claim
level.)
or charge on real or personal property. Liens are
LEVEL, ENGINEERS A surveying instrument em- founded upon the right to retain possession of
ployed in determining the exact elevation, of defi- the property of another until the debt or duty it
nite points, above a datum. See Chapter 6. secures is paid or discharged.
LEVELING The surveying process of determining LIFE ESTATE An estate limited to the life of the person
the difference in elevation between two or more holding it, or some other person. It presupposes
points by measuring the vertical distance between a fee existing elsewhere than in the life tenant,
the points; the determination of elevation, of though the later may be empowered to convey the
points, above a datum. See Chapter 6. fee. A life estate may be created by a deed, lease,
or devise, with or without stipulation for rent. A
LEVELING RODS Rods marked in feet and decimals
life estate is a freehold estate though not one of
of a foot, or in meters and decimals used with
inheritance.
leveling instruments to determine distances in
elevation. LIFE TENANT The holder of a life estate; the duration
of the estate being the life of the life tenant or that
LEVEL SURFACE A horizontal plane.
of another particular person.
LEX In Roman law, lex means law or the law.
LIGHT PEN (CAMS) A device the size of a ballpoint
LEX COMMUNIS The common law. pen which is used for pointing to a location on a
CRT screen. It is one of several types of interactive
LEX SITUS Blacks Law Dictionary defines this modern
positioning devices. (Computer Mapping/Geo-
law term as Latin for the law of the place where
graphical Information Needs Survey by Kristina
property is situated. See: Blacks Law Dictionary,
Brooks; Geography Department, OSU.)
4th ed., p. 1058, supre,
LIMITED-ACCESS HIGHWAY In Oregon, a through-
LICENEE Authority to do a particular act, or series
way. A highway especially designed for through
of acts, upon anothers land, without possessing
traffic, enhanced by limiting and controlling
any estate therein. 1A Thompson on Real Property,
access thereto. Owners of land abutting such a
supra sec 215, p. 188. It is a mere permit to do some-
highway do not have rights of access to and from
thing that would otherwise he unlawful (Gosliner
the highway from the abutting land, as posseesed
v. Brionee, 187 Cal. 557), or authorize the perfor-
by the owners of land abutting a public way that is
mace of acts (Brush v. Lehigh Valley Coal Co., 290 Pa.
not a limited-access highway. See: Throughway
322), which would otherwise constitute trespass,
and throughway, county.
i.e. the right of entry for the purpose of removing
gravel. A license is not a property right protected LIMITED-ACCESS THROUGHWAY A throughway;, a
by the constitution and confers no vested right in limited-access highway. Actually, throughway
the licensee. Under common law, a license, being means a limited-access highway; consequently,
a mere privilege, may be revoked at the will of the the term limited-access throughway means a
licensor. The death of the licensor or sale of the limited-access highway.
property revokes the license. See: lA Thompson,
LIMITED COMMON ELEMENTS ORS 91.500(14). Those
supra for a complete explanation of the concept
common elements designated in the declaration or
of license, sec 215 to sec 216, pp. 187 to 248. In the
by Agreement of all the unit owners, as reserved
Oregon case of Smith v. Gardner, 12 Or. 226, 6 P. 771,
for the use of a certain unit or number of units, to
53 A.L.R. 342, A mere permissive use of a way
the exclusion of the other units.
by certain portions of the community constitute
a license; and is something that may be revoked. LINE A narrow elongated mark drawn or projected
In City of Clatskanie v. McDonald, 85 Or. 670, 167 as: (a) a circle of latitude or longitude on a map;
P. 560, the court said, Where the use is merely (b) a mark designating a boundary, division or
permissive, and not adverse, there is no basis on contour. A straight line is the shortest line that can
which a right of way by prescription may rest. be drawn between two points. A curved line is a
That is, license cannot ripen into an easement by line of which no part is straight. A broken line is
prescription. composed of two or more straight lines.
Glossary-49
LINE DRAWING Map copy suitable for reproduction every direction. The monuments are of stone, and
without the use of a screen; a drawing composed marked USLM followed by the number of the
of lines as distinguished from continuous tone survey. The exact reference point is marked by a
copy. A cadastral map meeting the standards de- cross (X) chiseled on the top of the monument.
fined in the Manual of Cadastral Map Standards,
LODE A vein containing ore. A fissure between well-
Concepts and Cartographic Procedures would be
a line drawing. defined boundaries containing ore, even though
the ore is found at considerable intervals and in
LINE FENCE A fence that marks the boundaries of a small quantities. Any body of mineral rock lying
parcel of land or serves to mark such a boundary. within clearly defined boundaries separating it
LINE OF ORDINARY HIGH WATER The line on the from non-mineral rock; usually lying so close to-
bank or shore to which the high waters ordinarily gether as to be capable of being mined as a unit.
rises annually in season. See Chapter 10 and ORS Placer deposits are not lodes. Lode is synonymous
274.005. with ledge.
LINE OF ORDINARY LOW WATER The line on the LODE CLAIM A deposit of ore-bearing rock veins,
bank or shore to which the low water ordinarily known as mineral lodes, that has been staked out
recedes annually in season. See Chapter 10 and to specified dimensions by the prospector who
ORS 274.005. made the legal discovery. If desired, a prospec-
tor may protect his rights by applying for a min-
LINE PRINTER An output device for computers, which eral survey and obtain a patent. All other forms of
prints one line at a time. It can be used as a high- mineral, claims are known as placer claims.
speed listing or, by spacing symbols, as a map
plotting device. The resultant graphic product, LONG CHORD A straight line between the ends of a
however, is of a quality much lower than a flatbed curve or segment of a curve. See Chapter 8.
incremental plotter.
LOST CORNER A point of a survey whose position
LINK One-hundredth of a chain; 7.92 inches. See cannot be determined, beyond reasonable doubt,
chain. either from traces of the original marks or from
acceptable evidence or testimony that bears upon
LIS PENDENS A pending suit.
the original position, and whose location can be
LITHOGRAPHY Planographic printing method based restored only by reference to one or more indepen-
on the chemical repulsion between grease and dent corners.
water to separate the printing from nonprinting
LOT, GOVERNMENT See government lots.
areas.
LITTORAL Characterizes upland bordering oceans, LOT, SUBDIVISION A unit of land that is created by
seas or lakes. Littoral could be called a specific the subdivision of land.
kind of riparian right. LOWER HIGH WATER (LHW) The lower of the two high
LIVERY OF SEISIN Investiture or delivery of posses- waters of any tidal day.
sion of and/or tenement. LOWER LOW WATER (LLW) The lower of the two low
LOCAL ASSESSMENT Assessment by the county or waters of any tidal day. The single low water oc-
other local entity. curring daily during periods when the tide is di-
urnal is considered to be a lower low water.
LOCATE Discovery by survey methods.
LOWER LOW WATER DATUM (LLWD) Approxima-
LOCATION (American Land Laws) The designation of tion to the hypothetical surface of mean lower
the boundaries of a particular piece of land; either low water that has been adopted as a standard
upon record or on the land itself. reference for a limited area, and is retained for
LOCATION (Mining Laws) The act or series of acts an indefinite period regardless of the fact that it
whereby the boundaries of a mining claim are may differ slightly from a better determination of
marked, however, in the absence of discovery it mean lower low water from a subsequent series of
confers no right. observations. used primarily for river and harbor
engineering purposes. The Columbia River lower
LOCATION MONUMENT Location monuments are
low water datum is an example.
established in districts where corners of the public
survey, and other monuments within 2 miles, do LOW WATER (LW) (Estuaries and Ocean Shore) Mini-
not exist. Sites of the monuments are usually at mum height reached by a falling tide. The weight
some prominent point, giving good visibility from may be due solely to the periodic tidal forces or it
Glossary-50
may have superimposed upon it the effects of me- (true) often referred to as simply the declination.
teorological conditions. Magnetic declination is designated by degrees
east or west of true north. (In Oregon the declina-
LOW WATER DATUM (LVTD) An approximation of
tion ranges from 19 to 22 east, depending on the
mean low water that has been adopted as a stan-
specific year the survey was made and the exact
dard reference for a limited area and is retained
location of the survey.)
for an indefinite period regardless of the fact that
it may differ slightly from a better determination MAGNETIC DISK (CAMS) A computer memory medi-
of mean low water from a subsequent series of um on which data is available by random access.
observations. Used primarily for river and harbor
MAGNETIC TAPE (Or Mag. tape) (CAMS) A computer
engineering purposes. memory or storage device which will store a large
LOW WATER LINE The intersection of the land with amount of data; however, this data is only avail-
the water surface at an elevation of low water. Not able by sequential search.
to be confused with the mean low water line. MAGNETIC VARIATION Regular or irregular changes
LOW WATERMARK The point to which a river or other in the magnetic declination. See annual variation
body of water recedes, under ordinary conditions, and Chapter 4.
at its lowest stage. MAIN CHANNEL The bed of a river over which the
LOWER HIGH WATER (LHW) The lower of the two main volume of water ordinarily flows. The main
high waters of any tidal day. volume is not that which are attained under un-
usual flood conditions. Note: County and State
LOWER LOW WATER (LLW) The lower of the two low boundary lines following channels do not change
waters of any tidal day. The single low water oc- with a sudden and perceptible change in the main
curring daily during periods when the tide is di- channel. See Chapter 10.
urnal is considered to be a lower low water.
MAIN TRAVELLED WAY ORS 377.710 The through
LOWER LOW-WATER DATUM (LLWD) Approxima- traffic lanes, exclusive of frontage roads, auxiliary
tion to the hypothetical surface of mean lower lanes and ramps.
low water that has been adopted as a standard
reference for a limited area. It is retained for an in- MAJOR BOUNDARY CHANGE The formation, merger,
definite period even though it may differ slightly consolidation or dissolution of a city or district.
from a better determination of mean lower low See ORS 199.415(12).
water from a subsequent series of observations. MAJOR PARTITION A partition, which includes the
Used primarily for river and harbor engineering creation of a road or street. ORS 92.010.
purposes. The Columbia River lower low water
datum is an example. MAJORITY Majority of unit owners (Oregon Condo-
minium Act). More than 50 percent of the voting
LUNE That part of a spherical surface bounded by rights allocated to the units by the declaration.
two great circles (i.e.. formed by longitude lines or ORS 94.004.
latitude lines).
MANIFEST Clear to the mind, obvious, evident, con-
MACRO (Interactive Graphics) A sequence of instruc- clusive, and unmistakable.
tions which may be invoked by a single command.
Macros are used to eliminate the need to enter a MANOR A house, dwelling or residence.
set of instructions into a computer, which are used MANUSCRIPT, MAP The original drawing of a map
repeatedly. Syn. layout map, working drawing.
MAGNETIC AZIMUTH An azimuth measured with MAP (GENERAL) A graphic representation of a
reference to the direction indicated by a magnetic planets surface or part of that planets surface;
compass needle. Measured from magnetic north, or a graphic representation of part of the known
which is east or west of true north as shown by universe. The purpose of a map is to communicate
magnetic declination. (In Oregon the needle the location or spatial relationship of physical, cul-
points east of true north.) See Chapter 4. tural or scientific features.
MAGNETIC BEARING The direction of a line within a MAP (SUBDIVISION LAW) ORS 92.010. A final dia-
quadrant, with respect to the magnetic meridian. gram, drawing or other writing concerning a
See Chapter 4. major partition.
MAGNETIC DECLINATION The angle between the MAP, BASE A map on which information may be
magnetic meridian and the geodetic meridian placed for purposes of comparison or geographi-
Glossary-51
cal correlation. The term base map was at one writing polygon records comprising the map
time applied to a class of maps known as outline model in computer storage.
maps.
MAP PROJECTION Orderly system of lines on a plane
MAP, BATHYMETRIC A map delineating the form of representing a corresponding system of imaginary
the bottom of a body of water, or a portion thereof, lines on an adopted terrestrial or celestial datum
by the use of depth contours (isobaths). surface. Also the mathematical concept of such a
system, e.g. The Lambert Conic Conformal Map
MAP, CADASTRAL See cadastral map. Projections.
MAP, CHOROPLETH A map showing statistical data MAP, THEMATIC A map designed to provide infor-
by means of shading, dotting, hatching, coloring, mation on a single topic, such as geology, soils,
or otherwise identifying a range of distribution rainfall, population.
within an area determined by political boundar-
ies. MAP, TOPOGRAPHIC A map that presents the hori-
zontal and vertical positions of the features repre-
MAP, COASTAL ZONE A map depicting natural and sented; distinguished from a planimetric map by
cultural features in a section of the coastal zone. the addition of relief in measurable form.
An orthophoto base is sometimes used for the area
MAP TRIANGULATION A system of joined or overlap-
immediately inshore.
ping triangles in which the length of the angles
MAP DIGITIZATION Conversion of map data from and sides are either established from existing sur-
graphic to digital form. veys, or are computed from existing survey data.
See Chapter 12, figure, 12-4.
MAP, ENGINEERING A map showing information that
is essential for planning an engineering project or MARINE MILE A linear measure of the sea equals to
development and for estimating cost. It is usually a 6,086.7 feet or 60 geographical or sea miles to a
large-scale map of a small area or route. It may be degree.
entirely the product of an engineering survey, or MARKETABLE TITLE Title free from encumbrances,
reliable information may be collected from various judicial doubt, or uncertainty;, one in which the
sources for the purpose, and assembled on a base poesesalon can be acquired and retained without
map. Cadastral maps are often used, as a base for litigation or judicial decision. A title acceptable
engineering maps. to a reasonable and prudent purchaser. Title that
MAP, FLOOD CONTROL A map designed for studying would insure to the owner the peaceable enjoy-
and planning control projects in areas subject to ment and control of the land against all otherL But
flooding. it does not mean a flawless title. Synonymous
with merchantable title.
MAP, FORESTRY A map prepared principally to show
MARKET ROADS Main traveled roads of a county,
the size, density, kind, and value of trees in a des-
exclusive of state highways and secondary state
ignated area. Syn. timber map.
highways that connect with the market places of
MAP LIFE The effective life of any map. In cadastral commercial community centers of a county and
cartography it is that period of time when a map with county roads in adjoining counties. ORS
accurately represents the latest surveys, aerial 369.020, enacted in 1973, provided for the county
photos and deeds. It is measured from the time courts or city councils to designate former county
that the original map is completed to that point market roads as ways of public easement. If no
in time when the cadastral map no longer accom- such designation was made (on or before Jan. 1,
modates new property surveys, segregations, new 1974), the roads became a part of the respective
photogrammetric detail or, new parcel numbers. county or city road systems as of that date (1973
It also terminates when map specifications and Or. Laws ch. 240, sec 2).
graphic standards are no longer adhered to. ORS 369.025 provides, Not-with-standing ORS
MAP MODEL (CAMS) A mathematical representation 369.020 or any action pursuant thereto, a road
of the spatial relationships and geographic charac- within a city that was a designated county market
teristics of a map. road prior to Jan. 1, 1974, shall be on the county
road system until the county surrenders jurisdic-
MAP MODEL BUILDING (CAMS) Synonymous with tion over the road within a city and the city accepts
digital model building. The process of convert- the county order and offer of surrender in the man-
ing cadastral map data to the mathematical datum ner prescribed in ORS 373.270. (1975 Or. Laws ch.
of an interactive computer mapping system; and 362, sec 1)
Glossary-52
MATHEMATICAL DATUM The central, most used cupied by the water for the greater portion of each
coordinate datum of the state, the Oregon Coordi- average year. See Chapter 10.
nate System. See Chapter 2.
MEAN HIGH WATER LINE (MHWL) Intersection of the
MAVERICK SURVEY A survey that is not in harmony land with the water surface at the elevation of
with abutting surveys. Does not mean that the mean high water. See shoreline.
survey is necessarily in error. See Chapter 12.
MEAN HIGHER HIGH WATER (MHHW) Tidal datum
MEAN That which is intermediate or has a value that is the arithmetic mean of the higher high
intermediate between two extremes. The middle waters of a mixed tide observed over a specific
rate, degree or point in place. 19-year Metonic cycle (the National Tidal Datum
Epoch). Only the higher high water of each pair of
MEANDER To follow a winding or flexuous course
high waters of a tidal day is included in the mean.
of a stream. A line (usually the center) that fol- For stations with a shorter series, simultaneous
lows the sinuosities of a stream. Meander is not observations are made with a primary control tide
synonymous with meander line. If a deed runs station to derive the equivalent of a 19-year value.
to a stream; thence with the meanders of said
stream, etc., it usually means that line which fol- MEAN LOWER LOW TIDE The average of lower low
lows the sinuosities of that stream, and the stream tides for 18.6 years. See Chapter 10.
is the boundary, so the deed would be running to MEAN LOWER LOW WATER The average of all lower
the center of the stream (but only if the stream is waters over a period of 18.6 years.
not navigable); not merely to the banks or the sur-
veyed meander line. See chapter 10. MEAN LOW TIDE Average of all low tides, both low
and lower low, over a fixed period of 18.6 years.
The word meander is derived from a winding See Chapter 10.
river in Phrygia called the Mederiz River (known
in classic history as the Meander River). MEAN LOW WATER (MLW) Tidal datum that is the
arithmetic mean of the low water heights observed
MEANDER CORNER Corner monuments established over a specific 19-year Metonic cycle (the National
according to the U.S. Public Land Surveys at the Tidal Datum Epoch). For stations with shorter se-
intersection of section lines with the meander ries, simultaneous observations are made with a
lines of all meanderable bodies of water. See primary control tide station in order to derive the
Chapter 10. equivalent of a 19-year value. For a semidiurnal or
MEANDERED LAKE ORS 274.425. As used in OPUS mixed tide, the two low waters of each tidal day
274.430 to 274.520, meandered lake means a lake are included in the mean. When any higher low
wholly or partly within this state that has been water is indistinct, it is determined by record ex-
meandered by the United States Surveys. ORS amination. For a diurnal tide, the first low water
274.430 provides that all meandered lakes are de- of each tidal day is used in the mean In the event
clared navigable; however, it does not exclude non- a second low water occurs, only the diurnal low
meandered lakes from being declared navigable. water is included.
See Chapter 10. MEAN LOW WATER LINE (NLWL) The intersection of
MEANDER LINES The traverse of the margin of a the land with the water surface at the elevation of
permanent natural body of water. In original mean low water.
surveys, meander lines were not run as boundary MEAN LOWER LOW WATER (MLLW) Tidal datum that
lines, but for the purpose of defining the sinuosi- is the arithmetic mean of the lower low water
ties of the bank or shore line, and for ascertaining. heights of a mixed tide observed over a specific 19-
the quantity of land remaining after segregation of year Metonic cycle (the National Tidal Datum Ep-
the water area. (From the Manual of Surveying och). Only the lower low water of each pair of low
Instructions, U.S. B.L.M., Dept. of Interior) waters of a tidal day is included in the mean. For
stations with shorter series, simultaneous observa-
MEAN HIGH TIDE A mean of all the high tides. The
tions are made with a primary control tide station
average to be used should be, if possible, the aver-
to derive the equivalent of a 19-year value.
age of all the high tides over a period of 18.6 years.
See Chapter 10. MEAN LOWER LOW WATER LINE (MLLWL) The inter-
section of the land with the water surface at the
MEAN HIGH WATER The average height of all high
elevation of mean lower low water.
waters over a given location during a span of 18.6
years. According to the B.L.M. Manual of Survey- MEAN RANGE OF TIDE The difference in height be-
ing Instructions, it is the margin of the area oc- tween mean high water and mean low water.
Glossary-53
MEAN RIVER LEVEL Tidal datum that is the average MERCATOR PROJECTION A map projection com-
height of the surface of a tidal river at any point monly employed when constructing maps of the
for all stages of the tide observed over a 19-year world. In the Mercator projection the distortion
Metonic cycle (the National Tidal Datum Epoch), created by an east-west expansion of the projec-
usually determined from hourly height readings. tion is balanced by mathematically computing the
In rivers subject to occasional freshets the river positions for the parallels of latitude to produce
level may undergo wide variations, and for practi- north-south expansion that increases at the same
cal purposes certain months of the year may be rate as the east-west expansions; the result being
excluded in the determination of tidal datum. For a conformal projection. The Mercator projection
charting purposes, tidal datum for rivers are usu- is an appropriate projection for areas with longer
ally based on observations during selected periods north south than east west dimensions (i.e. Cali-
when the river is at or near low water stage. fornia). The Lambert conic conformal projection
is ideal for areas with wider east-west dimensions
MEAN SEA LEVEL The average height of the sea for all
than north south dimensions (i.e. Oregon and
stages of the tide over a period of 18.6 years (as de-
Washington). See Chapter 7.
termined from hourly readings). Mean sea level is
usually the datum for elevations; the level datum. MERCHANTABLE TITLE Synonymous with marketable
title.
MEAN SEA LEVEL OF 1929 (MSL 1929) Determination
of mean sea level (last adjusted in 1929). that has MERE RIGHT The mere right of property in land as
been adopted as a standard datum for heights. distinguished from possession or even the right of
possession in land.
MEAN TIDE LEVEL (MTL) The mean surface elevation
as determined by averaging the height of water at MERGER (ESTATES) The absorption of a lesser estate
equal intervals of time, usually at hourly intervals. into a greater estate in the same owner and one
MWL is used in lieu of MHW in inland tidal wa- and the same right without any intermediate es-
ters when the nontidal changes in water level are tate. Where the owner of a life estate acquires the
greater than, or on the same order of magnitude remainder therein, there is a merger of the two
as, the range of tide. estates. A merger is dependent on intent.
MEAN WATER LEVEL LINE (MWLL) The line formed by MERIDIAN A north-south line from which longitudes
the intersection of the land with the water surface, or departures, and azimuths are reckoned. See
at an elevation of mean water level. Chapter 4.
MEASURE (V.T.) To compute or ascertain the extent, MERIDIAN DISTANCE The right angle distances from
quantity, dimensions, or capacity of, by a certain the center point of a course to the reference merid-
standard. (V.I.) to take a measurement or measure- ian. In the following illustration FG is the merid-
ments. ian distance of course AB.
MEDIAN LINE (OF BODY OF WATER) A continuous
line, formed by a series of intersecting straight
line segments or a combination of straight line
and curved line segments, every point of which is
equidistant from the nearest point on the opposite
shores. Synonymous with thalweg.
MEMORANDUM An instrument that contains the date
of the instrument being memorialized, the names
of the parties, a legal description of the property
involved, and the nature of the interest created,
which is signed by the person from whom the
interest is intended to pass, and acknowledged or MERDIONAL LINES Range lines; the east and west
proved in the manner provided for the acknowl- exterior lines of a township.
edgement or proof of deeds. ORS 93.640.
METE To measure; a measure; to exactly define.
MENU A rectangular area of the digitizing surfaces
METER A unit of length in the metric system that
which is divided into an array of squares for the
equals approximately 39.37 inches.
assignment of commands or macros. The menu
allows execution of the commands or macros by METES The exact length of each line and the exact
merely touching the appropriate square with the quantity of land in square feet, rods or acres; how-
stylus or cursor. ever, when used in the term metes and bounds
Glossary-54
it does not necessarily mean that the length of MINERAL ORS 273.775. Mineral includes oil, gas, sul-
a boundary is given. A parcel of land bounded fur, coal, gold, silver, copper, lead, cinnabar, iron
in the deed description by the lands of named manganese and other metallic ore, and any other
persons, rather than by bearings and dimensions solid, liquid or gaseous material or substance ex-
would qualify as land described by metes and cavated or otherwise developed for commercial,
bounds. (Amer. Jur.) industrial or construction use from natural depos-
its situated within or upon state lands, including
METES AND BOUNDS By metes and bounds, in strict-
mineral waters of all kinds.
ness, may be understood to be the lines of land
with their terminal points and angles. . In general, MINERAL DEED A realty conveyance involving a sev-
metes and bounds means the boundary line or erance, from the fee, of a present title to minerals
limit of a tract, which boundary may be described in place; either affecting such severence of title in
by rivers and objects, either natural or artificial the first instance, or conveys a part of such mineral
(which are permanent in character and erection) ownership previously carved from the fee.
and so situated with reference to the tract to be MINERAL DISTRICT A term of no precise meaning
described that they may be conveniently used for that generally designates areas where valuable
the purpose of indicating its extent. A descrip- minerals are found, or where the business of min-
tion locating a center line traverse and naming ing is chiefly carried on.
the width of the tract in relation to that centerline
would qualify as a metes and bounds description. MINERAL ENTRY See mineral land entry.
See also mete, and metes. MINERAL ESTATE An estate in fee simple in and to
METONIC CYCLE A period of 235 lunations or about 19 minerals, and conveyance or reservation thereof
years. Devised by Meton, an Athenian astronomer gives title to minerals in place; an entire bundle
(5th century B.C.) for the purpose of obtaining a of rights a landowner has in the minerals in his
period at the end of which the phases of the moon land.
recur in the same order and on the same days as in MINERAL INTEREST An estate in fee simple in and to
the preceding cycle. minerals, and conveyance or reservation thereof
METRIC SYSTEM An International system of weights gives title to minerals in place. It means a min-
and measures, the units of which are derived from eral interest in all minerals, beneath the surface,
the meter. The meter is the unit of linear measure; including oil and gas in place, and constitutes a
the liter, the unit of capacity; the are, the unit of present ownership of an interest in real property.
land area; the square meter, the unit of small sur- MINERAL LAND Used in reference to metalferous
face area; the steer, the unit of cubic measure; and lands and all other land chiefly valuable for de-
the gram, the unit of mass and weight. (The meter posits of mineral character. Mineral lands would
was originally based on one-ten-millionth of the include those with valuable deposits of gypsum,
distance from the North Pole to the Equator.) granite, coal, iron, oil, uranium, metal bearing
MICROFICHE (MICROGRAPHICS) A sheet of microfilm ores, and deposits of a mineral character which
made up of multiple microimages in a grid. are useful in arts (such as clay, marble and agate)
or valuable for purpose of manufacture (sulfur,
MICROGRAPHICS A generic term covering all tech- bauxite, etc.). The term mineral lands include land,
niques that reduce documents to microimages, i.e. which is worth more for mining than for agricul-
microfilming. ture. Minerals must be in sufficient quantities to
justify expenditure for its extraction.
MIDPOINT (RECTANGULAR SURVEY) Halfway be-
tween two section corners; halfway between a 1/4 MINERAL LAND ENTRY The act of filing a claim to
corner and a section comer; etc., hold or purchase mineral lands belonging to the
public domain The term implies discovery of pre-
MIDPOINT (CURVES) That point on the are of a circu-
cious metals in paying quantities in the lands to
lar curve that is the same distance from both ends
be entered, and the doing of work upon the claims
of the arc. See Chapter 8.
necessary to develop and successfully operate
MILE, NAUTICAL 6,080 feet. Mile, statute. N= STAT- mines.
UTE. 5,280 feet; 1,760 yards; 80 chains; or 8 fur-
MINERAL LEASE A contract permitting the lessee to
longs.
explore for minerals on the land of the lessor in
MINE An excavation in earth made for the purpose of consideration of the payment of a rental and/or
removing metals ores, coal, or precious stones. bonuses. It is an incorporeal right.
Glossary-55
MINERAL LODE A mineral bed of rock with definite MINUTES Angular measures equal to 1/60th of a
boundaries, and any zone or belt of mineralized degree. There are 60 seconds in a minute and 60
rock lying within boundaries clearly separating it minutes in a degree. See Chapter 4.
from neighboring rock. Synonymous with lode.
MISTAKE An error in action. An act or omission aris-
MINERAL RIGHTS An interest in minerals, including ing from ignorance or misconception. See Chapter
oil and gas, in exclusion of the rights to the land 6.
and improvements. It is an interest in the nature
of servitude granting an owner of the rights to MIXED TIDE Tide with a large unequally in either the
explore for, and extract minerals from land subject high or low water heights, with two high waters
to the rights. and two low waters usually occurring each tidal
day.
MINERAL SERVITUDE A right to go upon the land and
produce the minerals. MONUMENT (BOUNDARIES) Permanent landmarks
established for the purpose of indicating boundar-
MINERAL SURVEY Surveys made to mark the legal ies. Monuments described in deeds can be either
boundaries, of mineral deposits or ore bearing natural or artificial, e.g. stream, roads, fences,
formations on the public domain, where the
stakes, posts, trees, bottles, buildings, etc.
boundaries are to be determined by lines other
than the normal subdivision of the public lands. MONUMENT (SURVEYING) A physical structure
Placers usually do not require a mineral survey, erected for the purpose of ma king points on the
unless they are located on unsurveyed land or the earths surface. The monuments of land surveys
configuration of the mineral deposit is such as to range from the deposit of some durable material,
make conformation to the public survey impracti- a marked wooden stake or post, a marked stone,
cal. Millsites embracing land occupied for ore mill- an iron post having an inscribed cap, a marked
ing purposes or used in any manner incidental to tablet set in solid rock or concrete block, a marked
mining operations may be located, surveyed and tree, a rock in place marked with a cross (X) at the
patented in a manner similar to lode claims. exact point of the corner, and other special types
MINING CLAIM A portion of the public mineral lands of markers.
which the prospector, for mining purposes, takes MORE OR LESS Words of safety and precaution mean-
up and holds in accordance with the United States ing reasonably certain, about, or approximately.
mining laws. Oregon tax laws treat mining claims More or less should NOT be construed to mean
in two ways. Patented mining claims are taxable. that the distance, or quantity can be ignored; that
Unpatented mining claims are exempt from taxa- it is subject to small errors; or to admit an unlimit-
tion as provided for in ORS 307.080. ORS 307 080. ed variation in measurement or quantity. If a deed
Except for the improvements, machinery and
described property by metes and bounds, being so
buildings thereon, mining claims are exempt from
many acres more or less, it should be construed
taxation prior to obtaining a patent therefore from
to mean all of the described land in gross, not all
the United States. NOTE: Mining claim is not
of the land by acreage; however, where the land
synonymous with mineral rights.
was described as the west 15 acres more or less of
MINING DISTRICT A section of country with deposits the NW1/4 NW1/4, the courts have held that the
of gold, silver, copper, etc. designated by name and acreage controlled and the deed was construed to
described or understood as being confined within mean in gross of 15 acres.
certain natural boundaries, and which is worked
under the rules and regulations prescribed by the MORTGAGE A security for payment of debt. A con-
miners therein, e.g., the Bohemia Mining District veyance of property as security for a debt, and it
east of Cottage Grove, in Lane and Douglas Coun- becomes void upon payment of the debt. The debt-
ties. or makes a mortgage to his creditor or to someone
in trust for him.
MINOR BOUNDARY CHANGE An annexation, with-
drawal or transfer of territory to or from a city or MORTGAGEE The person to whom property is mort-
district. See ORS 199.415. gaged. ORS 87.005(6) defines mortgagee as: a per-
son who has a valid subsisting mortgage of record
MINOR PARTITION A partition that is subject to ap-
or trust deed of record securing a loan upon land
proval by a city or county under a regulation or or-
or an improvement.
dinance adopted pursuant to ORS 92.046 and that
does not include the creation of a road or street. MORTGAGOR The person granting property as secu-
See ORS 92.010(4). rity for a debt.
Glossary-56
MOSAIC, AERIAL Assembly of aerial photographs NATIONAL GEODETIC VERTICAL DATUM OF 1929
whose edges usually have been cut selectively and (NGVD 1929; formerly the Mean Sea Level of 1929).
matched to the imagery on adjoining photographs Datum to which all elevations in the NGV network
to form a continuous representation of a portion of are referred as well as terrain elevations on maps
the Earths surface. of the National Topographic Map Series.
MOUTH OF RIVER The mouth of any river emptying NATIONAL MAP ACCURACY STANDARDS Specifica-
into the Pacific Ocean, including the bay or tidal tions promulgated by the U.S. Office of Man-
area formed by such a river, is the seaward end agement and Budget to govern the accuracy of
of the jetty or jetties of the river. If no jetties exist, topographic and other maps produced by Federal
the extension of the Pacific Ocean shoreline high agencies.
watermark across the river, bay or tidal area is the
NATIONAL TIDAL DATUM EPOCH Specific 19 year
mouth of such river. See ORS 511.011. In inland
cycle adopted by N.O.S. as the official time seg-
waters it is the point where the river empties into
ment over which tide observations are taken and
another body of water at mean low water or mean
reduced to obtain mean values for tidal datum. It
low tide.
is necessary for standardization because of appar-
MUNICIPAL Cities, towns or other local government ent periodic and apparent secular trends in sea
units. The word is derived from the Roman word level. The present National Tidal Datum Epoch is
municipium, meaning a town. 19411959. It will be reviewed for possible revision
every 25 years.
MUNCIPAL CORPORATIONS Voluntary associations
created and built upon, voluntary assent of a NATURAL BOUNDARY Any existing boundary that
community and its citizens. A local division of can readily be identified and located and that is
the state, vested with certain rights of self-govern- the result of natural causes rather than artificial
ment, in regard to its local and internal affairs, as boundaries created or erected by man. A river is
are conferred upon it by the legislature. A city is a a natural boundary, an irrigation ditch an arti-
municipal corporation; a county is a municipal or ficial boundary. This term is often used to denote
a quasi municipal corporation invested with leg- a feature that is an ideal boundary. When used
islative powers to be exercised for local purposes, this way, it is meant to include artificial boundar-
subject to the control of the state, but is not, in a ies as well as boundaries created by nature. For
strict sense, a municipal corporation. example, a public way is an ideal boundary, and
is, therefore, a natural feature for limiting the
MUNICIPALITY A city, county or other unit of local
extent of a parcel of land; consequently, it is a
government otherwise authorized by law to enact
natural boundary. In the rule that courses and
codes.
distances give way to a call for a natural bound-
NADIR (Photogrammetry) The point on the ground ary (because it is fixed, unchangeable, and more
vertically beneath the lens of the aerial camera, at likely to be true than courses and distances), the
the instant of exposure. Synonymous with ground latter use (meaning an ideal or typical bound-
plumb point. See figure 951 of Chapter 9. ary, natural as well as artificial) applies.
NATIONAL GEODETIC VERTICAL DATUM (NGVD) A NATURAL MONUMENTS Objects permanent in char-
fixed reference adopted as a standard geodetic acter, which are found on land as they were placed
datum for heights. The datum was derived for by nature, e.g., lakes, streams, bluffs, etc.; in con-
land surveys from a general adjustment of the tradistinction to artificial monuments which are
first-order level nets of both the United States landmarks or signs erected by the hand of man.
and Canada. In the adjustment 21 tide stations
NATURAL OBJECTS Any permanent features on the
in the U.S. and 5 in Geodetic were held as fixed.
landscape, either natural or artificial.
The geodetic datum now in use in the U.S. is the
National Geodetic Vertical Datum of 1929. The NAUTICAL MILE 6,080 feet.
geodetic datum is fixed and does not take into
NAVIGABILITY, ISSUE OF See issue of navigability.
account the changing stands of sea level. Because
there are many variables affecting sea level, and NAVIGABILITY, THE TEST OF A test to determine,
because the geodetic datum represents a best fit legally, whether or not a stream is navigable in
over a broad area the relationship between the fact. The test is actually a federal question; e.g.,
geodetic datum and local mean sea level is not regardless of what Oregon Courts have said about
consistent from one location to another in either streams or other bodies of water being navigable
time or space. For this reason, NGVD must not be or nonnavigable, for the purpose of ownership of
confused with mean sea level. the bed of the stream, the Federal test governs. In
Glossary-57
the Daniel Ball case (77 U.S.S. 557, 19 L. ed. 999 carried on with other states or foreign countries
1870) Justice Field laid down the rule of navigabil- in the customary mode in which such commerce
ity, which remains unchanged today: A different is conducted by water. (U.S.C.A. Const. Article 1,
test must, therefore, be applied to determine the Subsection, 8, cl. 3.) See Chapter 10.
navigability, of our rivers, and that is found in
NEAP TIDES When the moon is in its first and third
their navigable capacity. Those rivers must be re-
quarters, the tides do not rise as high or fall as
garded as public navigable rivers in law, which are
low, as on the average; at such times the tides are
navigable in fact. And they are navigable in fact
known as neap tides. ,
when they are used, or are susceptible to being
used, in their ordinary condition, as highways for NEEDLE, COMPASS A needle, in a compass, that turns
commerce, over which trade and travel are or may freely on a pivot and points to magnetic north See
be conducted in the customary modes of trade Chapters 4 and 6.
and travel on water. And they constitute navigable
NET ESTATE ORS 111.005(23) The real and personal
waters of the United States within the meaning of
property of a decedent, except property used for
the Acts of Congress, in contradistinction from the
the support of his surviving spouse and children
navigable waters of the States, when they form
and for the payment of expenses of administra-
in their ordinary condition by themselves, or by
tion, funeral expenses, claims and taxes.
uniting with other waters, a continued highway
over which commerce is or may be carried on with NET INTESTATE ESTATE ORS 111.005(24) Any part
other states or foreign countries in the customary of the net estate of a decedent not effectively dis-
modes in which such commerce is conducted by posed of by his will.
water. See Chapter 10.
NEW LANDS ORS 274.905 Those lands protruding
NAVIGABLE Capable of being navigated. See above the line of ordinary high water, whether or not
navigability, the test of and Chapter 10. connected with the adjoining or opposite upland or
riparian lands on the same side of the body of water,
NAVIGABLE BODY OF WATER All tidewater streams,
which have been created upon submersible or sub-
and other important permanent bodies of water
merged lands by artificial fill or deposit. New land
whose natural and normal condition at the date of
does not include bridges, wharves and similar struc-
admission of the State into the Union was such as
tures constructed upon submersible or submerged
to classify the same as navigable water. All mean-
lands by other than artificial fill or deposit. ORS
dered lakes of this state are navigable (including
274.905 to 274.940 apply to new lands created before,
any nonmeandered lake that is navigable in fact).
on or after May 28, 19.63. See Chapter 10.
See navigability, the test of and Chapter 10.
NON GRAPHIC DATA (Interactive Graphic Term) A
NAVIGABLE IN FACT See navigability, test of. In
term describing alphanumeric information (e.g.
Guilliams v Beaver Lake (90 Or. 13 1918) the court
courses, notes, distance, eng. stations, section
said that commerce included a vessel carrying a
numbers, etc.) associated with map lines.
load of passengers to a picnic.
NON ORTHOGONAL COORDINATE SYSTEM A coor-
NAVIGABLE RIVER In general, rivers that are suscepti-
dinate system where both the x and y axes are
ble to any public use such as floatation of logs. This
skewed; neither axis being vertical or horizontal,
definition, however, is inadequate in determining
and the axes are not perpendicular.
the ownership of lands underneath the streams,
which are not navigable under the Federal test of NON RECTANGULAR COORDINATE SYSTEM A co-
navigability. The opinion of the Supreme Court of ordinate system where either the x or y axes are
the U.S. establishes the guiding principle spelled skewed (not at right angles to the other). The rec-
out in the definition of navigability, the test of. See tilinear axis is either a true horizontal axis or true
also U.S. v Holt State Bank 270 U.S. 49, 56 1926; also vertical axis.
Chapter 10.
NOOK OF LAND 12.5 acres of land.
NAVIGABLE WATERS Waters that were navigable in
NORTH One of the cardinal points of the compass.
fact under the test in the Daniel Ball case, at the
That point of intersection of the horizon and me-
time Oregon was admitted to the Union as a State.
ridian which is nearest the north pole. Termina-
See navigability, the test of and Chapter 10.
tion of the north end of longitudinal lines. When
NAVIGABLE WATERS OF THE U.S. In general, waters used in a deed description, and not controlled by
that form in their ordinary condition by them- any other words, means due north or geodetic
selves, or by uniting with other waters, a. contin- north; the meaning is dependent upon the context
ued highway over which commerce is or may be of the deed.
Glossary-58
NORTHEAST (NE) The northeast quadrant of a section parallel 4340 north of latitude. This origin is
(NE of section or NEIA of section); or NE corner of given the coordinates x=2,000,000 feet and y = 0
a one quarter section. The quadrant of the compass feet. See the map of the Zones of the Lambert Pro-
between north and east. Where the term is employed jection in the appendix; and Chapter 7.
to designate a boundary, or line, in the description of
a deed, it should be construed as equivalent to a call NOTICE STATUTE (Recording of deeds) Not used
to run due northeast (N 450000E) as the case may in Oregon. A compromise between the penalty
be, in the absence of a call for visible monuments, or aspect of the race statute (whereby in, the case
any other description of a line which locates it with of subsequent purchasers, title vests in the first
reasonable certainty. to record the deed; regardless of whether he had
NORTHERLY From south towards north. When .not notice of a first purchase) and the viewpoint of
controlled by definite courses, monuments, or protecting subsequent purchasers who rely on the
other definite descriptions, usually means due recording statute; i.e., they can assume that if no
north. This term must always yield to monuments other transfer is recorded, there is none. The no-
and other definite calls. tice statute is used in 25 states. The notice statute
NORTHERLY COURSE Generally, a course having a induces an early record by the first purchaser in
direction toward the north; not due north. that protection is only supplied if he records be-
fore the second purchase occurs. If the subsequent
NORTHERNMOST The farthest to the north; most purchaser for value has notice of the prior transfer,
northern.
however, he cannot obtain title. See race notice and
NORTHING One of two values indicating the position race statute.
of a point on a grid system. The northing coordi-
NUMERICAL MAP A digital representation of a map;
nate is abbreviated N or Y.
usually on computer tape. Cadastral maps in the
NORTH-NORTHEAST 2230 east of north. CAM system are on a numerical map file.
NORTH-NORTHWEST 2230 west of north. OBLIQUE AERIAL PHOTOGRAPHS Aerial photographs
NORTHWEST The northwest quadrant of a section taken at an angle between the horizontal and the
(NW of section, or NWI/4 of section); or NW cor- vertical. See the following illustrations.
ner of a one-quarter section corner (NWI/4 NWI/4
of section, or NW NW of section). The quadrant of
the compass between north and west. Where the
term is employed to designate a boundary, or line,
in a description of a deed, it should be construed
as equivalent to a call to nm due northwest (N
450000 W), as the case may be, in the absence
of a call for visible monuments, or any other de-
scription of a line which locates it with reasonable
certainty.
NORTH AMERICAN DATUM OF 1927 U.S.C. & G.S.
readjustment of all first-order triangulation of
the United States, and the readjusted positions,
together with certain adopted geodetic data. This
datum was based on the Clarke Spheroid of 1866
and the adopted position of an initial point in
central Kansas called Meades Ranch. All U.S.C.
& G.S. (now NOAA) horizontal control is referred
to this datum and values assigned to horizontal
control monuments are expressed in degrees,
minutes and seconds of the geodetic coordinates.
See Chapter 6.
NORTH ZONE A division of the Oregon Coordinate
System between north latitude 4420 and 4600.
The origin of coordinates is at the intersection of
the meridian 12030 west of Greenwich and the
Glossary-59
OBLITERATED CORNERS Comers where no traces under control of the central Processing unit (CPU)
remain of the original surveyors work. It differs of a computer.
from a lost corner in * that it can be located by com-
ONEROUS TITLE Title acquired by the giving of good
petent evidence (such as a witness tree), whereas,
and valuable consideration.
a lost corner cannot be replaced by reference to
any existing data or source of information. OPEN TRAVERSE A traverse starting at a point of
known or assumed position, and ending at a point
OBTUSE ANGLE Any angle greater than 90. whose, relative position is unknown with respect
OBTUSE TRIANGLE A triangle in which one angle is to the datum of the starting point. See Chapter 6.
greater than 90. OPERATIVE WORDS (of a deed) Words of grant, re-
OCEAN SHORE ORS 390.605 The land lying between lease, or transfer, in a deed, that are sufficient to
extreme low tide of the Pacific Ocean and the line transfer an estate from the grantor to the grantee.
of vegetation as established and described by ORS The words grant, bargain and sell, convey, give,
390.770. ORS 390.615 states that the ownership of release, alienate, and enfeoff are sufficient to make
the ocean shore is vested in the State of Oregon, a deed operative.
The Oregon Statutes generally coincide with the OPTICAL, PRINT (Micrographics) A microfilm print
U.S. Manual of Surveying Instructions which de- made by projection, not contact.
scribe the ocean shore as the space between the
margin of the water at its lowest stage and the ORDER OF ACCURACY A general definition of the
banks of the high water mark. accuracy required for a survey. To define the accu-
racy required, surveys are divided into six parts:
ODOMETER An instrument for measuring a distance superior, first-order, second-order class I, second-
traversed. The odometer is not an accurate mea- order class II, third-order class third-order, and I
suring instrument for cadastral map purposes; class H (requiring the lowest acceptable degree of
however, it is a good device for making a rough accuracy in local horizontal control of the National
check of measurements. Horizontal Control Network). A seventh order is
used in some private surveys. That is fourth-or-
OFFLINE (Interactive Graphics) Not in direct commu-
der (the lowest acceptable degree of accuracy in
nication with the central processing unit (CPU) of
surveying).
a computer.
ORDINANCE The local laws made by an authorized
OFFSET LINE A supplementary line close to, and usu-
municipal body; in distinction from the Laws of
ally parallel to a main survey line to which it is
the State of Oregon (knowu as statutes or the Ore-
referenced by measured offsets. When the line for gon Revised Statutes). Ordinances constitute local
which data are desired is in such a position that it regulations for the government of inhabitants of
is difficult to survey it, the required data are ob- a particular place. They must be adopted with all
tained by running an offset line in a convenient legal formality provided by Oregon Law.
location and measuring offsets from it to salient
points on the other line. ORDINARY HIGH WATER LINE ORS 274.005 Me line
on the bank or shore to which the high water ordi-
OFFSET LITHOGRAPHY Indirect method of printing narily rises annually in season. For the purposes
whereby an ink image is transferred from a press- of Chapter 274, and by ORS 274.015 when the lines
plate to an intermediate rubber blanket and from of ordinary high water cannot be determined by
that to the paper. survey or inspection, then such line shall be deter-
OFFSET TRAVERSE The traverse of an offset line. mined by use of the annual mean high water for
the preceding year. In the case of Montgomery v.
OFFSHORE A comparatively flat zone of variable Shaver (40 Ore. 244, 66 Pac. 923) the line of naviga-
width that extends from the outer margin of the ble water is ordinary high water. See Chapter 10.
rather steeply sloping shoreface to the edge of the
continental shelf. ORDINARY HIGH WATER MARK OF LAKES The ordi-
nary high water mark of a nonnavigable lake is
OMITTED PROPERTY Real, personal or centrally as- a mean or average of the fluctuating high-water
sessed property that has been erroneously omitted marks of the lake. Case of U.S. v. Otley, (C.C.A. Or.,
from the assessment roll. See ORS 311.207 (notice 127 F. 2d 988, 1000). See Chapter 10.
of intention to add omitted property to rolls).
ORDINARY LOW WATER LINE ORS 274.005. Mean
ON-LINE (Interactive Graphics) Operation of periph- line on the bank or shore to which the low water
eral equipment (plotter, decwriter, digitizer, etc.) ordinarily recedes annually in season. For the
Glossary-60
purpose of Chapter 274, and by ORS 274.015 when (1) Private transactions have been fair and regu-
the lines of ordinary low water cannot be deter- lar.
mined by survey or inspection, then such lines
(x) The law has basn obeyed.
shall be determined by use of the annual mean
low water for the preceding year. See: Kinde of law and relevant evidence.
ORDINARY TIDES A term that has no technical mean- OREGON REVISED STATUTES The Oregon Laws; ab-
ing. In law the word ordinary, when applied to breviated ORS.
tides, is equivalent to the word mean. Therefore,
ORIENT To establish the correct relationship in direc-
ordinary high water may be assumed to be
tion with reference to the points of the compass;
mean high water.
to bring into correct relationship in direction with
ORDINATE A line by means of which the position of a reference to points on the compass.
point is determined with respect to fixed straight
ORIGIN A reference point with zero value, i.e. station
lines, taken as a coordinate axis. The ordinate to
0+00 or coordinate point N 0,000,000 E 0,000,000.
a. diameter is equal to half the chord through
the point which is dissected by the diameter. See ORIGIN OF COORDINATES The point of reference or
Chapter 7. zero-point in a coordinate system.
OREGON ADMISSIONS ACT An act which, in part, ORIGINAL (OF A WRITING OR RECORDING--OREGON
designated the western boundary of Oregon as be- EVIDENCE CODE) Rule 1001. (2) Original of a
ginning one marine league (three nautical miles) writing or recording is the writing or recording
at sea. This act granted Oregon about 800,000 itself or any counterpart intended to have the
acres of submerged offshore land. same effect by a person executing or issuing it.
An original of a photograph includes the nega-
OREGON CITY CANAL See ORS 272.036.
tive or any print therefrom. If data are stored in a
OREGON COORDINATE SYSTEM The State plane co- computer or similar device, any printout or other
ordinate system based on a Lambert Conformal output readable by sight, shown to reflect the data
projection and the Clarke Spheroid of 1866. It is a accurately, is an original. To prove the content of
system of plane, cartesian coordinates, established a writing, recording or photograph, the original
by the U.S.C. & G.S. See discussion and Oregon. writing, recording or photograph is required, ex-
Laws in Chapter 7. cept as otherwise provided in ORS 40.550 to 40.585
or other law. ORS 40.555.
OREGON EVIDENCE CODE The code contained in ORS
Chapter 40, construed to secure fairness in admin- ORIGINAL PLAT Used to distinguish the, first plat
istration, elimination of unjustifiable expense and from the subsequent additions. Original Town
delay, and promotion of growth and development or Original Townsite are employed in the same
of the law of evidence to the end that the truth may manner.
be ascertained and process in justly determined
ORIGINAL STANDARD CORNERS Standard township,
(ORS 42.020, nde 102).
section and quarter section corners; meander cor-
The code applies to all courts except the Small ners, comers terminating the survey of a standard
Claims Division of the Tax Court (as provided by parallel, and closing comers in those cases where
ORS 305.545), the small claims division of a district they were originally established by measurement
court (as provided by ORS 46.415), and the small along the standard line as points from which to
claims department of a justices court (as provided start a survey. Comers on the base line are to be
by ORS 55.080). See ORS 40.015 for other clarifica- regarded the same as those on standard parallels.
tion and applicability of the code.
ORIGINAL LAND SURVEYS Surveys made prior to
The Oregon Evidence Code, as provided in ORS the conveyance of real property. A resurvey is a
Chapter 40, is made up of 108 rules (rule 100 retracement of the original survey.
through rule 1008). For example, certain presump-
ORIGINAL TOWN See original plat.
tions of law contained in rule 311, ORS 40.135, are:
ORIGINAL TOWNSITE See original plat.
(a) A person intends the ordinary consequences
of a voluntary act. ORIGIN OF COORDINATES The point of reference or
zero point, in a coordinate system.
(g) A person is the owner of property from exer-
cising acts of ownership over it or from common ORTHO From the Greek orthos meaning straight,
reputation of the ownership of the person. regular or right.
Glossary-61
ORTHOCENTER The point of intersection of the three OVERLAP (Photogrammetry) See aerial photo over-
perpendiculars let fall from the angles of a triangle lap.
upon the subtending sides, or the sides produced.
OVERLAY A map or photo on a transparent medium
ORTHOGON A rectangular figure, or one in which all to be superimposed on another photo or map.
its angles are right angles. OVERLAY (INTERACTIVE GRAPHICS) A section of a
ORTHOGONAL Right angled; rectangular. drawing. In CAMS up to 33 overlays may be con-
tained in a drawing and each may be viewed or
ORTHOGRAPHIC PROJECTION The projection of plotted separately or with other overlays.
points on a plane by straight lines at right angles
to the plane. OVERPRINT New material printed on a map or chart
to show data of importance or special use, in addi-
ORTHOPHOTO (OR ORTHOPHOTOGRAPH) An aerial tion to that originally printed.
photograph whereby most scale and position dis-
tortions, inherent in aerial photographs, have been Own (real property or interest in property). To
eliminated. Presently, the most accurate aerial hold absolute and unqualified right to some thing,
photo; however, there still remain minor displace- e.g. fee simple absolute title in land, rights in an
easement, a right of posession, a life estate. In real
ments that somewhat places limitations on their
property law, the word own requires definition
use in cadastral cartography.
in context with what is owned. For example, own-
ORTHOPHOTO MAPS A version of an orthophoto ing a right of way could mean owning the absolute
quadrangle. Usually an orthophoto with map lines and unqualified fee simple title in the land (if that
and other map information added. is the level of estate acquired by the owner), or
it could mean owning the dominant estate (the
ORTHOPHOTO QUADRANGLE Either a quadrangle
easement) to use the land (if that is the right ac-
centered orthophotograph or orthophotographs quired by the owner). See: Ownership.
mosaicked in a quadrangle format with minimum
cartographic enhancement. U.S.G.S. orthophoto OWNER The owner of the title to real property or the
quad photoimagery is corrected within specified contract purchaser of real property. ORS 308.670.
geometric limits and meets the same positional As used in ORS 308.670 to 308.685: (a) Owner
accuracy requirements as a topographic map. includes purchaser under recorded instrument
New U.S.G.S. orthophotoquads are projected on of sale (in reference to single family residence
1000 meter grid of the U.T.M. State plane coor- property). ORS 308.740 (in reference to open space
dinate grid ticks are also included on the quads. lands) owner means the party or parties having
Photoimagery is rectified by optical scanning that the fee interest in land, except that where land is
sometimes produces double and mismatched im- subject to a real estate sales contract, (1.) owners
shall mean the contract vendee. ORS 321.405 (East-
ages. The quads show highways, roads and other
ern Oregon Severance Tax) subsection (5) Owner
manmade structures, water features, woodland
means any person holding title to harvested
and agriculture lands and selected geographic
timber by virtue of (a) an instrument of convey-
names. The quads comply with the National Map
ance; (b) the harvesting of the timber; or (c) the
Accuracy Standards.
harvesting of the timber and payment thereof.
ORTHOPHOTOGRAPHY A photogrammetric tech- ORS 321.805 (Special Assessment of Forest Lands.)
nique which creates a corrected photo of a part Owner means any individual or combination
of the earths surface. The image is produced on an of individuals; partnership, firm, corporation or
instrument that corrects each point of the photo association of whatever nature owning or con-
for errors introduced by the effect of terrain relief. trolling forest land. ORS 321.705 (Western Oregon
Each small area of the photo is relocated to where Small Tract Optional Tax). Owner meaning any
it would appear if the photo had been taken from individual, partnership, corporation or association
infinity. The result is a photo image of high hori- of whatever nature, owning both the forest land
zontal accuracy, that contain more than enough and any timber thereon.
detail for mapping and appraisal work. OWNER (GENERALLY) In real property law, this word
ORTHOPHOTOSCOPE A device used to change the has no exact technical meaning, but it is gener-
perspective image of a photograph, to an orthogo- ally used to denote the person vested with the
title to real property. Blacks notes: The term is,
nal projection.
however, a nomen generalissum (a general name),
OVERLAP Lands covered by both senior and junior and its meaning is to be gathered from the con-
patents (as regards adverse possession). nection in which it is used, and from the subject
Glossary-62
manner to which it is applied. The primary mean- property. The ownership of real property is a ten-
ing of the word as applied to land is one who ancy, whose continuance is contingent on legally
owns the fee and who he the right to dispose of recognized rights of tenure, transfer, and of suc-
the property, but the term includes one having a cesion in use and occupancy. The right to deposi-
possessory right to land or the person occupying tion of property is the edge of ownership. White
or cultivating it. Dunbar v. Texas Irr. Co., Tex. Civ. v. White, 108 W.VL 128, 150 SJE. 531. Ownership
App., 195 S.W. 614; Thompson v. Thompson, 79 Or. of the legal or record title to land carring with it a
513, 155 P. 1190, 1191. A mortgagee may be deemed presumption of posession, but too great reliance
an owner (Lindholm v. Hamilton, 159 Minn. 81, must not be placed in a record title once the record
198 N.W. 289, 290), but under different statutes dose not always disel (me rights that may be held
or circumstance 21, all opposite result may be by ethers in real property .... Nevertheless, a record
reached (Huebner v. Lashey, 239 Mich. 50, 214 N.W. title to land is the highest evidence of ownership.
107, 108). See equitable owner, general owner, See 1 Thompson 6, sec 1.
legal owner, real owners, record owner and
reputed owner in Blacks Law Dictionary, rev. 4th OWNERSHIP has been defined as the right by
ed., supra pp. 1259, 1260. which a thing belongs to some one in particular,
to the exclusion of all others. It does not always
OWNER (STATUTORY) ORS 308.670 (Single Family mean absolute ownership. It has been defined to
Residence). Owner includes purchaser under include one who has the use, control, and occupa-
recorded instrument of sale. tion of the land with claim of ownership, whether
ORS 308.740 (Open Space Lands). Owner means his (or her) interest be an absolute fee or a less
the party or parties having the fee interest in land, estate. 1 Thompson 4, sec 1, Thompson on Real
except that where land is subject to a real estate Property, supra.
sales contract, owner shall mean the contract OWNERSHIP AND STATUS A collection of property
vendee. rights including the right of transfer to others,
ORS 321.005 (Forsst Products Harvest Tax). Note: and the availability of a given tract of land or its
Here is an example where owner denotes the resources for governmental or private use.
holding of title to something less than fee simple OWNERSHIP MALTA An unprofessional term usually
absolute title in real property. Owner means any applied to mean cadastral maps.
individual or combination of individuals, partner-
ship, firm, corporation or association of whatever PACE A measure of length 2.5 feet longs, the ordinary
nature holding title to harvested timber by virtue length of a step five feet long. A geometric pace is
of (a) an instrument of conveyance, Co) the har- PACIFIC SHORE The shore of the Pacific Ocean be-
vesting of the timber, or (c) the harvesting of the tween ordinary high tide and extreme low tide,
timber and payment therefor. from the Oregon-Washington state line to the Ore-
ORS 321.405 (Eastern Oregon Severance Tax). Defi- gon-California state line (except portions disposed
nition same as that of ORS 321.005. of by the State prior to July 5, 1947). Declared to
be a State Recreation Area by ORS 390.615. Ocean
ORS 321.705 (Western Oregon Small Tract Op- Shore laws contained in ORS 390.605 to 390.770.
tional Tax). Owner means any individual, part- See Ocean Shore. Also, see Chapter 10.
nership, corporation or association of whatever
nature, owning both the forest land and any tim- PANELING (PHOTOGRAMMETRY) Marking a ground
ber thereon. station in advance of scheduled aerial photog-
raphy to positively identify the station without
ORS 321.805 (Special ~ent of Forest Lands). additional fieldwork; the position of the marked
Owner means any individual or combination station may or may not be known. Panels consti-
of individuals, partnership, firm, corporation or tute a material marking so arranged as to form a
association of whatever nature owning or control-
distinctive pattern over a geodetic or other control
ling forest hmd,
point marker, on a property comer or line, or at the
OWNERSHIP MAPS Cadastral maps. position of an identifying point above an under-
ground facility or feature.
OWNERSHIP The right of one or more individuals,
partnership, firm, corporation or association of PANTOGRAPH A drafting and graphic art tool used
whatever nature (including state, county, city for enlarging, reducing, and reproducing pictures,
governmental bodies and quasi-governmental drawings, charts and maps not requiring a large
bodies) to possess and use property to the exclu- degree of accuracy. Not recommended for use in
sion of others with no lesser right or interest in the cadastral cartography.
Glossary-63
PARABOLIC CURVES Transitional curves used in both systems or multipurpose cadestres, the parcel
the vertical and horizontal plane in route survey- identifier is used to not only identify parcels and
ing. See Chapter 8. parcel ownerships, it is also used to index and re-
fer to other related land data, and like land related
PARALLAX A factor contributing to errors made in
data of various filing systems.
measuring angles and distances in both survey-
ing and mapping. An apparent displacement or PARCEL NUMBER The part of the taxlot number that
the difference in apparent direction of an object identifies a specific parcel of a map. See Chapter 3.
as seen from two different points not on a straight
PARCEL SEGREGATION The division of one parcel
line with the object. See the discussion in Chap-
into two or more smaller parcels.
ter 11 and the illustrations in figures 1119A and
1119B. PARENT ACCOUNT Synonymous with parent taxlot
number and parent parcel number.
PARALLEL Lines and surfaces having the same direc-
tion and everywhere equidistant from each other. PARENT PARCEL An indefinite term used in reference
to a parcel of land as it existed at a specific time, or
PARALLEL OF LATITUDE A line on the surface of the as it existed under a specific owner. It is often used
earth at the same latitude at every point. in reference to a parcel as it was patented, subdi-
PARALLELOGRAM A quadrilateral having both pairs vided or mapped. The term can mean, but does not
of its opposite sides parallel. necessarily mean, the same as parent account, par-
ent parcel number and parent taxlot number.
PARCEL (1981) The basic unit of the cadastral map
system. A contiguous area of land capable of be- PARENT PARCEL NUMBER Synonymous with parent
ing described in a single description, by a closed account and parent taxlot number.
traverse; or as one of a number of lots, blocks, PARENT TAXLOT NUMBER The correct term used
sections, or tracts in a subdivision or township; to describe a parcel of land as it was originally
separately owned and capable of being separately shown and taxlotted on a map. A parent taxlot
conveyed. number can mean, but does not necessarily mean,
PARCEL (SUBDIVISION AND PARTITIONS) A unit of the same as parent parcel. See Chapter 3.
land that is created by a partitioning of land. See PARITY Equity.
ORS 92.010(6).
PARK (DEDICATED) The word park written upon a
PARCEL (VERB) To divide an estate. Synonymous block of land represented upon a map or plan of a
with segregate and partition. As used in ORS city or town, is as significant of a dedication, and
Chapter 215, the terms defined in ORS 92.010 shall the use to which the land is intended to be applied,
have the meanings given therein, except that par- as the word street, written on such plans. The
cel: popular and natural meaning of the term when so
(1) Includes a unit of land create& used is a piece of ground set apart for the enjoy-
ment, comfort and recreation of the inhabitante of
(a) By partitioning land as defined in ORS the city or town in which it is located; and this is
92.010, so whether the word be used alone or with some
(b) In compliance with all applicable plan- qualifying word, as Hyde Park, Regent Park, or
ning, zoning and partitioning ordinances Central Park. Steel v. City vs Portland, 8 ch. 31 P.
and regulations; or 479, 23 Or. 176, 185, op cit.
(c) By deed or land sales contract, if there PAROL AGREEMENT Agreements that are made ver-
were no applicable planning, zoning or bally; agreements made in writing but not signed,
partitioning ordinances or regulations. or that are not under seal. Parol agreements are
not enforceable under the statute of frauds.
(2) Does not include a unit of land created solely
PAROL CONTRACT A contract not entirely in writing.
to establish a separate tax account.
PAROL EVIDENCE Oral or verbal evidence; the type of
PARCEL IDENTIFIER A numeric, alphabetic, or alpha-
evidence given by a witness in court, e.g. a witness
numeric code used to identify land recognized for
testifying as to the location of a river at a specific
a specific application (e.g. assessment and taxation)
time. It is evidence that is not furnished by a docu-
asa single unit, usually a parcel of land under one
ment itself, but is derived from outside sources.
ownership. In the Standard Cadastral Map System
of Oregon, the tax lot number is the standard par- PARSI AGREEMENT A verbal agreement; an agree-
cel identifier. In modem geographic information ment made in writing but not rigned, or under
Glossary-64
seal. Parol agreements are not enforceable under and their representatives or successors in interest,
the statute of frauds. no evidence of the terms of the alreement, other
than the contents of the writing, except where a
PARSI CONTRACT A contract not entirely in writing.
mistake or imperfection of the writing is put in is-
PARSI DEDICATION An implied dedication made sue by the pleadings or where the validity of tho
without a deed or even without the execution agreement is the fact in disputs. However, this sec-
and recording of a plat, orally or by act, a series tion does not exclude other evidence of the circum-
of acts, or conduct of the donor. A written dedica- stances under which the agreement was made, or
tion which has been lost may be proved by pawl. to which it relates, as defined in ORS 42.220, or to
In such cases the intent to dedicate must be un- explain an ambiguity, intrinsic or extrinsic, or to
equivocally manifested, clearly proven, and open establish illegality or fraud. The term agreement
and unambiguous. Such intention is not hidden includes deeds and wills as well as contracts be-
in the mind of the landowner, but is manifested tween parties. Note: ORS 42.220: In construing
by the owners acts. A parsi dedication is a com- an instrument, the circumstances under which it
mon-law dedication, and, as such, anything which was made, including the situation of the subject,
clearly indicates the donors intention, followed and of the parties, may be shown so that the judge
by acceptance by the public, amounts to an irre- is placed in the position of those whose language
vocable, legal, common-law dedication. The term the judge is interpreting.
parol dedication is usually applied to mean the
kind or type of common-law dedication not evi- PART An integral portion, something essentially be-
denced or expressed in writing, but whether the longing to a larger whole. The word is not synony-
dedication is parol is of little significance. What mous with the word fractional.
is of significance is whether there is an intent to PARTIBLE LANDS Lands which may be divided.
surrender dominion over his or her land to the
public, and for a specific use, i.e. whether the intent PARTICULAR ESTATE An estate for life or for years.
to dedicate is implied in some manner recognized It is called a particular estate because it is only a
by the courts. small part of an inheritance.
Thompson says, To constitute implied dedica- PARTIES Those who have a direct interest in the sub-
tion (of which includes a parol dedication) by ject matter.
the owner of land of its use for a public highway, PARTITION ORS 92.010(7) Partition means either an
there must be present the intent to appropriste the act of partitioning land or tract of land partitioned
land for public use. The intent may, however, be as defined in this section.
expressed in the visible conduct and open acts of
the owner. If the acts are such as would lead ordi- PARTITION LAND (1981) ORS 92.010(8)
nary prudent men to infer an intent to dedicate, PARTITION LAND (OREGON PARTITION LAW) ORS
and they are so received and acted upon by the 92.010. (1) To divide an area or tract of land into two
public, the owner cannot, after acceptance by the or three parcels within a calendar year when such
public, recall the appropriation In such case, the area or tract of land exists as a unit or contiguous
facts and circumstances must be such as indicate units of land under single ownership at the begin-
an unequivocal intent to devote the strip of land ning of such year. It does not include divisions of
to the public use. See 2 Thompson 471, sec 370, land resulting from: lien foreclosures, foreclosures
supra for an excellent discussion on eschat acts of recorded contracts for the sale of real property,
constitute a common-law dedication. or the creation of cemetery lots; and does not in-
PAREL EVIDENCE RULE (OREGON) ORS 41.740 (1) A clude any adjustment of a lot line by relocation of
rule that provides that there can be no claim as to a common boundary where an additional parcel is
any oral part of a contract which is contradictory not created and where a parcel reduced in size by
of the part in writing. The rule, however, does not relocation is not reduced below minimum lot size
preclude the admission of evidence to show fraud. established via zoning ordinance.
Parol evidence is not admissible to add to, sub-
(2) Means to divide land into two or three par-
tract from, vary or contradict written instruments
cels of land with in a calendar year, but does not
which dispose of property, and which are valid,
include:
complete, unambiguous, and unaffected by acci-
dent or mistake. (2) When the terms of an agree- (a) A division of land rasulting from a lien fore-
ment have been reduced to writing by the parties, close, foreclosure of a recorded contract for
it is to be considered as containing all those terms, the sale of mai property or the creation of
and therefore there can be, between the parties cemetery lots; or
Glossary-65
(b) An adjustment of a property line by the relo- grave doubts. It should consist of both legal and
cation of a common boundary where an ad- equitable title. Perfect title is synonymous with
ditional unit of land is not created and where merchantable title and marketable title.
the existing unit of land reduced in size by
PERIMETER In geometry, the length of a line around
the adjustment complies with any applicable
a plane figure; the line itself. In cadastral cartogra-
zoning ordinance. See: ORS 92.305 to 92.495
phy, the sides and sum of the sides of a land parcel
and Series partitioned lands.
(or parcel polygon).
PARITY Equal includes the sale of subdivision lots
PERIPHERY The circumference of a plane figures; the
even though acquisition prior to sale with other
perimeter of a polygon.
contiguous lots or property by a single owner.
PERMANENT BENCHMARK One that is as permanent
PARTY WALL A wall erected on the line between two
abutting estates belonging to different persons, for as practical to establish. Sometimes referred to as
the use of both estates. See Odd Fellows Hall As- benchmark. Abbreviation PBM.
sociation of Portland v. Hegele (32 P. 679, 681, 24 PERPENDICULAR LINES Lines that meet at right an-
Or. 16). If a deed calls for a party wall the word- gles; lines that are at 90 from each other.
ing party wall should be noted on the cadastral
map. PERPETUAL Never ceasing, continuous forever; un-
limited in respect of time.
PATENT An instrument by which the United States
conveys, to persons entitled thereto, the legal fee PERSON (Statutory) ORS 311.605. As used in ORS
simple title to public lands. A patent for land from 311.610 to 311.635 person includes any indi-
the government is the highest evidence of title. vidual, firm, copartnership, company, associa-
tion, corporation, estate, trust, trustee, receiver,
PATENT AMBIGUITY An inherent uncertain tie ap- syndicate or any group or combination acting as
pearing on the face of the instrument, and arises a unit. (Subdivisions and Partitions) ORS 92.305(6)
at once on the reading of the instrument. includes a natural person, a domestic or foreign
PATENT DEFECT A defect in a deed or survey, which corporation, a partnership, an association, a joint
could easily be discovered by inspection. stock company, a trust and any unincorporated
organization. As used in ORS 92.305 to 92.495
PATENTED LANDS Lands conveyed by the United the term trust includes a common law or busi-
States to private persons. ness twist, but does not include a private trust or
PEDESTRIAN MALL One or more city streets, or por- a trust created or appointed under or by virtue of
tions thereof, on which vehicular traffic is, or is to any last will and testament, or by a court. (Assess-
be restricted in whole or in part and which is to ment of Designated Utilities and Companies by
be used exclusively or primarily for pedestrian Department of Revenue) see ORS 308.505(2). (War
travel. See ORS Chapter 376. Veteran Defined) See definition of person under
ORS 174.100(3),
PEDOMETER An instrument by which paces are num-
bered as a person walks, and the distance covered PERSONAL PROPERTY See ORS 307.020. See also ORS
is ascertained. 111.005(25).
PELORUS An instrument resembling a mariners PERSONAL REPRESENTATIVE (Probates). ORS
compass, without magnetic needles, and having 111.005(26) Personal Representative includes ex-
two sight vanes by which bearings are taken. ecutor administrator, administrator with will an-
nexed, and administrator de bonis non, but does
PERCENTAGE PROTRACTOR A circle template divided
not include special administrator.
by percentages rather than by degrees.
PERSONALTY Personal property.
PERCH 16.5 feet; 1 rod.
PHILADELPHIA ROD A two section, combination self-
PERENNIAL Present at all seasons of the year, e.g. a
reading and target rod used for precise leveling.
perennial stream.
PHOTOCOPY A photograph, microphotograph and
PERFECT TITLE Title showing the absolute right of
any other reproduction on paper or film in any
possession and of property in a particular Person.
scale. See ORS 192.005(2).
Perfect title, however, does not mean perfect in
the strict sense of the word. A perfect title must be PHOTOGRAMETRY, AERIAL The science of obtaining
one that is good and valid beyond all reasonable reliable measurements by means of either aerial or
doubt; free from litigation, palpable defects, and oblique photographs.
Glossary-66
PHOTO INDEX (PHOTOGRAMMETRY) A map showing plane geometry and plane trigonometry. Most
location and numbers of flight strips and aerial surveys used to develop cadastral maps are plane
photographs. surveys
PHOTO INTERPRETATION, AERIALThe determination PLANE TABLE An instrument used in surveying by
of the nature and description of physical, cultural means of which a plan (or plat) may be made on
and geological features on an aerial photograph. the spot without measurement of angles. Also
used for leveling.
PHOTOMAP An aerial photo overprinted with carto-
graphic details and symbols. PLANE TABLE ALIDADE A telescope supported by a
pedestal attached to a flat base. Used for sighting
PHOTOMOSAIC See mosaic.
when using a plane table. Elevations may also be
PHOTOTHEODOLITE A combination camera and determined with the plane table alidade. See fig-
ground surveying theodolite mounted on a tripod; ure 6-12 of Chapter 6.
used for terrestrial surveying. PLANETARY CAMERA Used in micrograplucs, cartog-
PHOTOTRIANGULATION See aerotriangulation. raphy and photogrammetry. A camera in winch
the material being photographed and the camera
PHYSICAL FEATURES Features of the terrain, that are film remain stationary during exposure. Also
natural, cultural, or both. known as a flatbed camera.
PHYSIOGRAPHY Classification of the genesis of land PLANIMETOR An instrument used for the measure-
forms. ment of irregular areas on maps, plan s and pho-
PICTURE POINT A feature easily identified on an aer- tos. There are several types of planimeters; how-
ial photograph, where the horizontal and vertical ever, that used in cadastral cartography is called
position has been located by a survey. a compensating polar planimeter. See illustrations
of figures 1131 and 1132, Chapter 11.
PIXEL (PICTURE ELEMENT) The smallest resolvable
element in a scanned remote sensor image. PLANIMETRIC MAP A cartographic representation of
horizontal positions of the natural and cultural
PLACER A gravel place where gold is found; espe- features of the earths surface. A cadastral map is
cially on a gravel bar by the side of a river, or in one type of planimetric map.
the bed of a river or stream. Placers are also min-
eral deposits occupying the beds of ancient rivers, PLANNED COMMUNITY ORS 94.550. Planned com-
streams and valleys. Section 2329, 30 U.S.C.A., sub- munity means any subdivision under ORS 92.010
section 35 provides for location of placers, includ- to 92.190 which result in a pattern of ownership of
ing all forms of deposit excepting veins or quartz real property and all the building, improvements
or other rock in place. and right located on or belonging to the real prop-
erty, in which:
PLACER CLAIM Ground within definite boundaries,
which contains mineral or valuable mineral de- (a) There is a homeowners association responsi-
posits not in place, but in a loose state and may (in ble for the maintenance, operation, insurance and
most cases) be collected by washing or amalgama- property taxes relating to any common property of
tion without milling. the planned community or for the exterior mainte-
nance of any property that is individually owned;
PLACER LOCATION A location in accordance with and
the acts of Congress of a tract of land for the min-
eral bearing or other valuable deposits that are not (b) Owners of individual lots, by virtue of their
found in lodes or veins in rock in place. ownership, automatically are members of the
homeowners association and assume liability for
PLANE Without elevations or depressions; level or flat. membership fees.
PLANE COORDINATES A cartesian coordinate system PLANNED UNIT DEVELOPMENT An incorrect term
developed on a plane surface such as a conic confor planned community. Because planned unit
formal map projection. The official plane coordi- development is not a term defined by statute or
nate system in Oregon is the Oregon Coordinate recognized by the law, it should not be used (nor
System. See Chapter 7; also see Oregon Coordinate should the abbreviation PUD be used) in place of
System in this glossary. the correct, legal term planned community. Use of a
correct term allows reference to the correct provi-
PLANE SURVEY A survey in which the curvature of
sions of the law.
the earth is usually neglected. The computations
of relative positions of stations being made by PLANIMETRY Mensuration of plane surfaces.
Glossary-67
PLAT Commonly used in reference to subdivision (6) One 48 x 60 flatbed digitizer with handheld
plats, replats, and unit ownership plats; however, cursor, X and Y coordinate display and key-
when used in a deed and/or survey, the word plat board resolution to 0.001 inch.
might be used to mean any drawing, map, or plan; (7) One 82 x 59 flatbed plotter.
or, a plat of ground (like in a plot of ground). (8) One controller minicomputer.
(9) Interface capabilities to an IBM 370 Model S.
PLAT, SUBDIVISION ORS 92.010(9). A, final map, dia-
(10) CGI software in FORTRAN IV language.
gram, drawing, replat or other writing containing
all the descriptions, locations, specifications, dedi- POINT OF BEGINNING The beginning point of a prop-
cations, provisions and information concerning a erty description or survey. Abbreviated P.O.B. The
subdivision. P.O.B. is usually a permanent; easy to locate, well
referenced corner. The P.O.B. in subdivision is
PL1 (CAMS) Computer language intended to combine
called the initial point of the subdivision bound-
certain useful features of FORTRAN and COBOL
ary description.
languages.
POINTS Graduations marked on a compass. One
PLOTTER (CAMS) An electromechanical device inter-
point equals 11 3/4 degrees. Points are usually
faced to a central process unit (or minicomputer)
shown on a three circle compass rose.
that supplies hard copy output in the form of
graphics, maps, plans, and any other drawing con- POINTS, CARDINAL North, South, East and West. See
tained in computer storage. See plotter, drum and Chapter 4.
plotter, flatbed.
POINTS, INTERCARDINAL NW, NE, SW and SE. See
PLOTTER, DRUM A cylindrical electromechanical de- Chapter 4.
vice capable of converting digital data, from a cen-
POINTS-OF-CALL (1981)
tral process unit, into a graphic/visual hardcopy
representation of the digital data. Drum plotters POINT-OF-CALL RULE (1) Monuments, landmarks, ob-
are capable of high-speed, high-quality plotting jects, boundaries or other elements of a description,
(as compared to flatbed plotters); however, if in- in a deed, that defines the limits of the boundaries
teraction by the cartographer is necessary, or large of a parcel of land, e.g., the NW cor of Lot 4, the
size mapping is a requirement, the flatbed plotter left bank of the river, the north line of the J.P.
is Smith property, the center of the county road,
etc. The courts have held that where points of calls
PLOTTER, FLATBED Functions on the same concept
are inconsistent with the measurements (either by
as the drum plotter, however, flatbed plotters are
course, angle, or distance) the points of calls are
not as fast as most drum plotters. Flatbed plotters
paramount. (2) The courts have held that where
must be used for large size map output. Plot-
point-of-call are inconsistent with the measure-
ters, such as that employed in the Department of
ments, the points-of-call are paramount. However,
Revenue CAM system, are capable of multicolor
when a point-of-call is a river or a road, other prin-
plotting in liquid flow and ballpoint ink, scrib-
ciples of law must be considered in construing the
ing, stripping and film cutting. Resolution of the
intent of the parties to a deed. For example: When
CAMS plotter is 0.0002 inch; speed (axial) is 30
a conveyance describes property as bordering on a
inches per second and (diagonal) is 40 inches per
street, absent an express provision in the convey-
second. Plotting area is 50 x 82 on vellum, mylar
ance to the contrary, such conveyance includes the
or scribing film.
les to the street. Fossi v. Myers, 271 Or. 611, 532 P.2d
PLOTTER SYSTEM Generally used in reference to all 337; Hurd v. Byrnes, 264 Or. 591, 506 P.2d 686, all
hardware and software necessary for a complete recent Oregon Supreme Court cases. And in Foszi,
interactive graphic system. CAMS, for example, the court further said: It is held that the presump-
uses the following hardware: tion of intent to convey to the center is not over-
come although the land is described by metes and
(1) One Data General Nova 2 minicomputer.
bounds, and distances stated do not extsnd to the
(2) One Tektronix CRT (11 x 15 screen and
center of the highway. Id.
alphanumeric keyboard).
(3) ASR Decwriter terminal and console unit with In Banks v. Ogden, 69 U.S. (2 WalL) 57, 68, 17 L. Ed.
standard keyboard and hardcopy output. 818, the court advised, It is a familiar principle
(4) One magnetic tape transport; 9track 800/1600 of... law that a grant of land bordering on a mad or
BPI, 45 I.P.S. river, carries title to the center of the river or road,
(5) Magnetic disc drive and disc pack 14.5 million unless the terms or circumstances of the grant
16-bit word storage. indicate a limitation of its extent by the exterior
Glossary-68
lines. And the fact that the metes and bounds do land, contrary to the Statute of Frauds. A bound-
not extend to the creater of the non-navigable river ary line established by agreement of adjoining
is insufficient to show an intent for the grantor to landowners constitutes an agreed boundary, in
reserve the river. contradistinction to the geographical or sur-
veyed boundary. The laws governing practical
Regarding the point of call rule, the court in Bos-
locations are complicated, and the validity of such
ton v. Richardson, 95 Mass. (13 Allen) 146 explains:
boundary lines must be determined by the courts
Whenever land is described es bounded by other
not by the cartographer or assessor.
land or by a building or structure, the name of
which, according to its legal or ordinary mean- PRECISION The degree of refinement with which an
ing, incindes the title in the land of which it lure operation is performed or a measurement is stated.
been made a part, as a house, a mill, a wharf, or Precision relates to the quality of the operation; ac-
the like, the side of the land or structure referred to curacy relates to the quality of the result.
as a boundary is the limit of the grant; but when the
PRESCRIPTION (EASEMENT BY) An easement created
boundary line is simply by an object whether natural or
by use of property for 10 years (the statutory pe-
artificial, the name o[ which is used in ordinary speech,
riod), or prescriptive period for adverse posses-
as defining a boundary and not as describing title in
sion. To create an easement by prescription, the use
tille, and which does not in its description or nature in-
must have been open, continuous, exclusive and
clude earth as far down as the grantor owns, and yet has
under a claim of right for the prescriptive period.
widthas in the case of a way, a river, a ditch, a wall,
A license to use property can never ripen into
fence, a tree, or a stake and stonesthen the center of
an easement by prescription. Mere user is not suf-
the thing so running over or standing on the land is the
ficient to give rights of travel over land, to the pub-
boundary of the land granted.
lic. It must be accompanied by acts, such as work-
POLARIS The visible star nearest the North Pole. Used ing on the roadway, performing maintenance on
for making meridian observations in surveying. the roadway, removing obstructions, showing use
to have been made under a claim of right. But it is
POLE 5.5 yards; 16.5 feet; one rod.
important to nots that easements by prescription
POLITICAL SUBDIVISION A city, county, district or are not favored by the law. Sbumute v. Robinson, S2
any other municipal or public corporation in this Or. App. 199, 627 P.2d 1295, in 1981. See: Curtis v. La
state. See ORS 192.005(4). Grande, 20 Or. 34, 23 P. 808 for files for acquiring
right of prescription in lands of another.
POLYCONIC PROJECTION A cartographic method
used by the NOAA and U.S.G.S., whereas the PREEMPTIVE PERIOD The period of time it takes for
earths surface is divided into an infinite number an adverse use of land, for travel, to ripen into an
of zones parallel to the equator. Each of these is easement by prescription by Oregon law, 10 years
then projected upon the cone tangent to that zone (ORS 12.050). The period is the time an owner is
and each cone then developed separately. provided to take action for the recovery of real
property, or for the recovery of the possession
POLYGON As regards the cadastral map system; a
thereof. ORS 12.050 is the statute of limitations
polygon is the plane surface of a map that is cir-
for such action to take place.
cumscribed by 3 or more intersecting linear sides.
A parcel polygon of a map is the land parcel itself. PRESUMPTION An attitude of relief dictated by prob-
The prefix poly means many and the suffix gon ability;, the ground, reason, or evidence lending
means sides. probability to a belleft a legal inference as to the
existence or truth of a fact not certainly known
POSITION Data defining the location of a point with
that is drawn from the known or proved existence
respect to a reference system. Coordinates that de-
of some other fact.
fine the location of a point on a grid.
PRESUMPTION OF LAW A file of law that courts and
PRACTICAL LOCATION A term used to define a
judges shall draw a particular inference from a
boundary line established, not by a deed, but by
perticular fact, or from particular evidsnce, unless
an between adjoining landowners, followed by
and until the truth of such inference is disproved,
acquiescence in the location made and occupancy
e.g. a person is innocent until proven guilty. Pre-
in accordance with the agreements which will be
sumptions of law fall into two basic categories:
binding both on such owners themselves and on
a conclusive presumption and a disputable or
their grantees. If a divisional line is well defined
rebuttable presumption.
and known to the parties, a parol agreement fixing
upon a new and different line is seldom binding, Blacks defines a conclusive presumption (or an
because it would amount to a parol conveyance of absolute or irrebuttable presumption) as: A rule
Glossary-69
of law determining the quantity of evidence requi- section comers, engineering stations, subdivision
site for the support of a particular averment which corners, DLC corners, etc. of other primary sur-
is not permitted to be overcome by any proof that veys, e.g. a subdivision survey or survey of a BPA
the fact is otherwise. U.S.v. Clark, 5 Utah 226, 14 P. transmission line. See secondary survey.
288. Blacks defines a disputable presumption (a
PRIME MERIDIAN An initial or zero meridian from
rebuttable or inconclusive presumption) as: An
which longitudes is reckoned. Most countries
inference of law which holds good until it is invali-
as the prime meridian of the earth adopted the
dated by proof of a stronger presumption. Liv-
Greenwich Meridian.
ingston v. Livingston, 4 Johns. Ch. N.Y. 287, 8 Am.
Dec. 562). Presumptions are sometimes evidence, PRINCIPLE MERIDIAN (System of Rectangular Sur-
or at least have the effect of evidence, but are more veys) A line that conforms to the true meridian,
accurately cousidsrsd as a substitute for evidence. and that is extended from the initial monument,
In civil actions and proceedings, a presumption either north or south or in both directions, as
imposes on the party against whom it is directed conditions require, to the limits of the area to be
the burden of proving that the nonexistence of the covered. The Willamette Meridian is Oregons
presumed fact is more probable than its existence. principle meridian. See Chapter 5.
ORS 40.120, evidence rule 308. If presumptions
are conflicting, the pre.sumption applies that is PRINCIPLE POINT The point of, which the optical axis
founded upon weightier considerations of policy of the camera intersects the film. When the optical
and logic. If considerations of policy and logic are aids is truly vertical, the nadir and principal point
of equal weight, neither presumption applies. ORS coincide. See figure 951 of Chapter 9.
40.130, evidence rule 310. PRINCIPALS OF CONSTRUCTION See: Rules of con-
Here are examples of presumptions of law pro- struction.
vided in ORS 40.135, evidence rule 311: PRINCIPALS OF LAW A fundamental truth or doc-
(a) A person intends the ordinary consequences trine of law; a settled rule of action, procedure, or
of a voluntary act. legal determination; a truth or proposition so clear
that it cannot be proved or contradicted unless by
(g) A person is the owner of property from exer- a proposition which is still clearer. Blacks Law Dic-
cising acts of ownership over it or from common tionary, rev. 4th ed., supra p. 1537.
reputation of the ownership of the person.
PRIVATE EASEMENT A privileged service or conve-
(1) Private transactions have been fair and resu- nience which one neighbor has of another by pre-
lar. scription, grant, or necessary implication, without
(x) The law has been obeyed. profit.
(y) An uninterruptable adverse possession of real PRIVATE LAND GRANT A grant by a public authority
property for 20 years or more has been held pursu- vesting title of public land in a natural person.
ant to a written conveyance. PRIVATE LAND OF STATE, COUNTY, CITY Usually,
PRIMA FACIE At first sight. the term private is applied to something that is
owned or possessed by a private person, persons,
PRIMARY CONTROL TIDE STATION Tide station at corporations, partnerships, etc. But it has a proper
which continuous observations have been made use when applied to mean property of the state,
over a of a 19-year Metonic cycle. Its purpose is to of the county, or of a city that is not for the
provide data for computing accepted values of the free, open, unobstructed, unrestricted use of the
harmonic and nonharmonic constants essential to public. There is a distinction between purposes
tide predictions and to the determination of tidal purely public and proposes of a private nature.
datum for charting and coastal boundaries. The For example, a city jail, county jail, or state prison
data series from this station serves as a primary
are examples of land owned by a city, a county,
control for the reduction of relatively short series
or the state, that is of a private nature, as op-
from subordinate tide stations by comparing si-
posed to public property that is open, free and
multaneous observations, and for monitoring long
unobstructed for the use of the general public. In
period sea level trends and variations. See tide sta-
this sense, a city hall is private property of a
tions and subordinate tide station.
city, even though it is open to the public at certain
PRIMARY SURVEY A survey that provides control- hours of the day, certain days of the week. And the
ling data for map triangulation. A primary survey constitutional provision that private property can-
bridges such points, comers and monuments as not be taken without just compensation protects
Glossary-70
the rights in property of cities and counties, as PRO EMPTORE As a purchaser; by the title of a pur-
well as in their citizens. chaser.
PRIVATE STREET is an impossibility because the word PROFILE A vertical, section, through a work or sec-
street has only one meaning. When the owner of tion of country, to show the elevations and depres-
land makes a plat and reefers to a strip of land as sions; the side view.
street he does not mean a private way; but the
term signifies a public way in all that public way PROGRAM The implementation of a procedure by the
implies. McCoy v. Thompson, 84 Or. 141. Revised, use of a computer programming language. A set of
as used in the Oreson Subdivision Law, the word instructions which direct a central process unit in
street can mean a private way, but only when that the performance of a specific task.
intent is expressed in clear, unmistaken, unam-
PROJECTION, MAP Systematic formation of lines on a
biguous language. If street is used on any plat,
surface (usually a plane) to represent the parallels
with no wording that shows an intent to reserve
of latitude and the meridians of longitude of the
the way for private purposes, the Oregon courts
have held that it means public street. The word- Earth.
ing private street on such a plat would probably PROLONGATION In cartography and surveying, the
sufice to show an intent to reserve the way for a extension or continuation of a line on the same
private use. But this is a rebuttable presumption bearing of the line being extended.
that could be defeated if the acts and conduct, or
other written statements of the subdivider showed PROPERTY All property, real and personal, tangible
an intent to devote the way to a public use. See and intangible. . As used regarding the cadastral
ORS 92.010(11). map, property would relate to some or all of the
land and improvements of an owner.
PRIVATE WATERS At common law, one owning both
banks of a nonnavigable stream likewise owns PROPERTY (HB 2968, 1979 Laws) Property or
the entire bed thereof, and the waters are private condominium means the land, whether lease-
waters. Although Oregon Law does provide for hold or in fee simple and whether contiguous or
private ownership of the beds of nonnavigable noncontiguous, all buildings, improvements and
streams, ORS 537.110 makes the private ownership structures thereon, and all easements, rights and
of the water impossibility. ORS 537.110 All water appurtenances belonging thereto, which are sub-
within the state from all sources of water supply mitted to the provisions of ORS 91.500 to 91.671
belong to the public. (1909 Appropriation Act.)
and 91.990.
This act does not, however, take away any persons
right to or use of such waters (see ORS 537.120). See PROPERTY, PERSONAL See personal property.
also waters of this state.
PROPERTY, REAL See real property.
PRIVATE WAY An easement of right over or under an-
other persons estate. It is an incorporeal heredita- PROPORTION A relation among quantities such that
ment. Not necessarily synonymous with private the quotient of the first divided by the second is
driveway. equal to the quotient of the third divided by the
fourth; thus 5 is to 10 as 8 is to 16; or, that in which
PRIVITY Successive relationship or ownership to the the difference of the first and second is equal to the
same property from a common source. Privity difference of the third and fourth.
exists between two successive holders of an es-
tate, when the later takes under the earlier, as by PROPORTIONAL MEASUREMENT A measurement
descent or by will, grant or voluntary transfer of that gives concordant relation between all parts
possession. of the line, i.e., the new values given to the several
parts, as determined by the remeasurement, shall
PRIVY A privity in estate.
bear the same relation to the record lengths as the
PROBATE In American Law, a general term used to new measurement of the whole line bears to that
include all matters of which probate courts have record.
jurisdiction. In common usage, the term is used
with reference to the proceedings incident to the PRO RATA Proportionately.
administration and settlement of, decedents es- PRORATE To allot proportionally.
tates and also as applying to any of the incidents
of administration. In Oregon Law, probates are PROTRACT In cartography, to plot a map with a pro-
provided for in Chapter 3 of the Oregon Revised tractor and scale; to plot the lines and to scale; to
Statutes. plot the lines and angles of the lines.
Glossary-71
PROTRACTION In surveying, the act of plotting or PUBLIC LANDS (Surplus Lands of the State of Or-
laying down on paper the dimension of a field or egon). See ORS 273.605(3).
plot of ground.
PUBLIC LANDS (of the U.S.) That part of the original
PROTRACTOR A drafting instrument for laying down lands of the United States (including lands turned
and measuring angles. over to the U.S. by the Colonial States;, areas ac-
PUBLIC AGENCY The United States or any agency quired by purchase from, or treaty with the native
thereof, the State of Oregon or any agency thereof, Indians; or with the foreign powers that had pre-
or any county, city, district organized for public viously exercised the sovereignty) still under Fed-
purposes or other public corporation or political eral ownership which has not been set aside for
subdivision of this state. uses such, as National Parks and National Forests.
PUBLIC BODY Synonymous with public agency, pub- PUBLIC LAND SURVEYS In general, the survey of Fed-
lic corporation and governmental body. eral or State lands or the lands of any other public
bodies. The term, however, is commonly used to
PUBLIC CORPORATION ORS 536.210 (Water Re- designate the cadastral survey of the public lands
sources). Any city, county or district organized for of the U.S.; originally the Government Land Office
public purposes.
surveys (abbr. G.L.O. surveys); the present surveys
PUBLIC DOMAIN In general, this term is synonymous executed, by the Bureau of Land Management
with public lands and public domain lands. Web- (B.L.M.). Synonymous with rectangular surveys of
ster defines public domain as the territory belong- the U.S. lands; or the rectangular survey system.
ing to a state or general government; public lands. See Chapter 5.
The concept of public domain excludes that of
PUBLIC LAND SURVEY SYSTEM A rectangular survey
private ownership. Public domain, however, also
includes any information, the source of which is system used in all public land states; in Oregon,
available to anyone, and is not subject to copy- consisting of 6-mile-squsre townships and 1-mile-
right, e.g. U.S.G.S. quadrangle maps, county ca- square sections; B.L.M. definition. The Act of Sept.
dastral maps; the locations of natural and cultural 27, 1850 (9 Stat. 496) created the office of surveyor
features of the lands; and any product produced general in Oregon and extended the rectangular
via public funds. system to that territory. It also allowed the geodic
method for executing the surveys (using an ali-
PUBLIC DOMAIN LANDS Land owned by the United dads and plane tablet making a topographic map
States by virtue of its sovereignty. at the time as the survey of township and section
PUBLIC ENTITY Synonymous with public agency, lines. This method was never used, except that a
but includes private corporations which have the special set of geodetic notes were made along the
power to exercise the right of eminent domain Willamette Meridian). This act also initiated the
Donation Law (often referred to as the Donation
PUBLIC GRANT Refers to the granting of title to pub-
Land Claim Act).
lic lands by a governmental body. The authority
to grant title to public lands is given by Congress PUBLIC RECORD A document, book, paper, photo-
or the Oregon Legislative Assembly. The grant graph, file, sound recording or other material,
can be by a special act expressly transferring cer- such as court files, mortgage and deed records, re-
tain lands to certain parties, or by a general act gardless of physical form or characteristics, made,
expressing the means by which individuais may received, filed or recorded in pursuance of law in
acquire title to public lands. In the first type, the connection with the transaction of public busi-
special legislative act serves es evidence of title. In ness, whether or not confidential or restricted in
the second, persons acquiring title under a general use. See ORS 192.005(5). Assessment cadastres are
legislative act receive a patent from the U.S. gov- public records (this includes the cadastral map).
ernment.
PUBLIC RECORD EVIDENCE RULE ORS 40.570, Rule
PUBLIC HIGHWAYS In general, any public street, alley, 1005. The contents of an official record or of a
county road, the ocean shores, local access road, document authorized to be recorded or filed and
state highway, etc. As regards state highways, the actually recorded or filed, including data compila-
entire width between the boundary lines of every tion in any form, if otherwise admissible, may be
state highway. proved by copy, certified as correct in accordance
PUBLIC LANDS (General) Any lands owned by a with ORS 40.510 or testified to be correct by a wit-
public body. The true meaning of the term is to be ness who has compared it with the Original If
determined by the context in which it is used. such a copy cannot be obtained by the exercise of
Glossary-72
reasonable diligence, then other evidence of the shown in rectangular format. For example a map
contents may be given. of the NE 14 of a section could be said to be quad-
rangle (a quadrant) of that section. A map of the
PUBLIC ROAD Any road intended for use of the gen-
NE 14 NE 14 could be said to be a quadrangle (a
eral public, whether designated and known as a
quadrant) of the NE 14 of that section. U.S.G.S.
state, county, district, or any other kind of road.
quadrangle maps can be 30-minute quads (for 30
See ORS 368.010.
of latitude and longitude), 15 minute, quads (for
PUBLIC STREET (Legal def.) The fundamental mean- 15 of latitude and longitude) and 7.5 minute quads
ing of the term street is not only that of being (for 7.5 of latitude and longitude).
public, but public for all purposes of free and
unobstructed passage which is its chief and pri- QUADRANGLE MAPS A map of a rectangular shaped
mary, but by no means sole use. The term public tract of country; usually related to latitude and
street, literally speaking, means no more than longitude. The term is commonly used in refer-
street; a certain class of public highway. ence to U.S.G.S. 7.5 minute, 15 minute and 30
minute quadrangle maps. Most quadrangle maps
PUBLIC USE A use concerning the whole community show contours and elevations, highways, roads
as distinguished from particular individuals. The and other manmade structures, water features,
term is used in constitutional provisions restrict- woodland areas, bench marks, triangulation sta-
ing the exercise of the right to take property by tions (some), geographic names, section lines, etc.
virtue of the right of eminent domain. The courts
have held that the term public cannot exclude QUADRANT Any of four quarters into which some-
any member of our society, for so long as any thing is divided by two real or imaginary lines
citizens are excluded from a common use, it is not that intersect each other at right angles. 90 of a
a public road. Eliiotts Roads and Streets, 1st ed., circle; one-quarter of a section (the NE 14, NW 14,
supr. SW 14 and SE 14 of a section are each quadrants of a
section); one-quarter of a quarter section.
PUBLIC USAGE ROADS This term has no exact, legal
meaning, but is often used to identify public roads QUADRILATERAL Any four-sided figure; quadri
that were not established by dedication, were not meaning four and latera meaning, side. There
county roads, and were not state highways. Some are six kinds of quadrilaterals: parallelograms,
roads referred to are what are legally designated trapezoids, rectangles, squares, rhombuses, and
ds local access roads in ORS 368.001. Others are trapeziums
public ways by common law dedication, and some QUAIFIED ESTATE An interest in real property that is
are, or could be public easements by prescription. not absolute and unconditional.
When used to denote a public road that is not a
county road, state highway or federal road, the QUALIFIED FEE An estate that may continue for-
term local access road should be used. ever, but could end on the happening of a possible
event; a base or determinable fee.
PUBLIC WATERS Used in contradistinction to private
waters. QUARTER CORNER See quarter section comer.
PUBLIC WAYS All lands within the boundary of any QUARTER QUARTER-SECTION CORNERS Corners
county road, and all dedicated streets and alleys in placed on the section line midway between the
any incorporated or unincorporated city or town, quarter section corner and the section corner (ex-
within the State of Oregon. Under. ORS 307.200, cept on the last half-mile of section lines closing on
public ways are exempt from assessment and taxa- the west boundaries of the township, or on other
tion (when used as such). times between fractional and irregular sections).
Few quarter-quarter comers were set in the origi-
PYTHAGOREAN THEOREM The 47th proposition of nal surveys of the U.S. public lands.
the first book of Euclids Elements, that in a right-
angled triangle the sum of the squares on the QUARTER SECTION The quadrant of a section in the
legs is equal to the square of the hypotenuse. See subdivisional lines of that section, and not the
Chapter 9. , exact quantity, which a perfect ad measurement of
an unobstructed surface would declare. Either the
QUAD A quadrangle map.
NW 14, NE 14, SW 14 or SE 14 of a section.
QUADRAN The fourth part; the quarter of any num-
QUARTER SECTION CORNER The corners on a section
ber, measure, or quantity.
line that was established halfway between the sec-
QUADRANGLE In mapping the term has no definite tion corners. They were established and marked
meaning other than a map of a tract of country as part of the U.S. Public Land survey. Although
Glossary-73
the general plan for the system called for quarter recognized deed form for a quitclaim deed, then
section corners to be located halfway between sec- add (2) A deed in the form of subeection (1) of this
tion corners, few such corners are mathematically section shall have the effect of conveying whatever
halfway between the section corners. title or interest, legal or equitable, the grantor may
have in the described property at the date of the
QUARTER SECTION LINES The lines that divide the
deed but shall not transfer any rifle or interest
sections into four parts.
which the grantor may thereafter obtain nor shall
QUASI A Latin word signifying as if, almost, or al- it operate as an estoppel. (3) A grantee taking title
most as if it were. by way of a quitclaim deed shall not, merely be-
QUASI EASEMENT An easement, usually arising from cause of receipt of title by or through such a deed,
implication or reservation, that is continuous, ap- be denied the status of a good faith purchaser for
parent and reasonably necessary to the beneficial value.
enjoyment of an estate for which it was claimed; an RACE NOTICE Recording law that carries the notice
apparent servitude; a necessary and continuous statute one step further (see notice statute). That
easement, not created by express grant, that is en- is, not only must a subsequent purchaser take title
joyed by the dominant tenement and imposed as without notice, but he also must record his title
a burden upon the servient tenement, that would first. Oregon Law recognizes the race notice con-
be obvious to a prospective purchaser of either the cept. See ORS 93.640.
dominant or servient estate by such examination
of the premises, as is ordinarily made by one de- RACE STATUTE (Not used in Oregon). The first type
siring to purchase. of recording law used in the United States. It gave
priority to the first person who recorded the title to
QUIET ENJOYMENT enjoyment. See convenant of the property (See R.G. Patton, Land Titles, subsec-
quiet tion 8 at 32; 1957) even if the subsequent purchaser
QUIETING TITLE To settle a particular claim, deter- recorded first. That is, priority was awarded the
mine all conflicting claims and remove all clouds person who won the race to record a deed. The
from title. See ORS 105.605 to 105.615 (suits to quiet fact that the subsequent purchaser had knowledge
title and remove cloud). of the first transaction had no effect on this law.
The race statute in 25 states has been amended to
QUITCLAIM To release to, by a deed, without cove- conform to the notice statute and in the other 25
nants of warranty against adverse and paramount states to conform to the race notice law (Oregon).
titles. The word quitclaim used in a conveyance See notice statute and race notice.
does not restrict the conveyance if the other lan-
guage employed in the instrument indicates the RACEWAY A manmade canal or channel cut in the
intent to convey the land itself. The words bargain, ground.
sell, release, quitclaim and convey, as used in a RADAR IMAGERY A process whereby photo images
deed, are merely words of release and quitclaim of are produced by a radar device that transmits mi-
grantors interest and estate in the land described; crowave pulses to the earth and receives reflected
whatever that interest or estate may be. See quit- pulses that vary with objects on the ground. The
claim deed. resultant images resemble aerial photos.
QUITCLAIM DEED The simplest form of deed is the RADIAL DISPLACEMENT The distortion of the images
quitclaim deed. This is a deed that states, in effect, on the outer edges of aerial photos. The result of
that the grantor is transferring her or his rights,
distance from the edge of the aerial photo, to the
if any, in the property described to the grantee.
camera, being greater than from the center of the
When a quitclaim deed is used to convey prop-
photo to the camera.
erty, there is no implication in the instrument that
the grantor has good title, or any title at all. If the RADIAL LINE A straight line projected from the radius
grantor has good title, then the grantee receives point of a circle to the circumference of a circle.
good title by means of a quitclaim deed. However,
RADIAL SEGMENT A segment with one end point at
a transfer by quitclaim deed does not carry with it
the center of a circle and the other end point on the
any implication that the grantee will receive any
circumference of that circle. The radius of a circle
after acquimt rights. ORS 93.110 provides, A deed
is the length of the radial line segment. Synony-
of quitclaim and release, of the form in common
mous with radial line.
use, is sufficient to pass all the estate which the
grantor could lawfully Convey by a deed of bar- RADIAL TRIANGULATION A technique of extending
gain and sale. In addition, ORS 93.865 provides a horizontal control from aerial photographs.
Glossary-74
RADIAN A unit of circular measure equal to 5717 improvements, machinery, equipment or fixtures
44.8; an angle subtended by an arc of a circle hav- erected upon, under, above or affixed to the same;
ing a length that equals the radius of the circle. all mines, minerals, quarries and trees in, under
One degree equals 0.01745 radians. (Radian tables or upon the land; all water rights and water pow-
are included in the appendix.) ers and all other rights and privileges in any wise
appertaining to land; and any estate, right, title
RADII More than one radius.
or interest whatever in the land or real property,
RADIUS The length between the center of a circle to less than fee simple. (2) Where the grantor of land
the arc of that circle. The length of a radial line or has, in the instrument of conveyance, reserved or
segment. The semidiameter of a circle (or a sphere). conveyed. (a) Any of the timber standing upon the
In trigonometry, the whole sine, or sine of 90. land, with the right to enter upon the ground and
remove the timber, the ownership of the standing
RAILROAD PEN An ink ruling-drafting pen used for
timber so reserved or conveyed is an interest in real
simultaneous ruling of parallel lines. See Chapter
property. (b) The right to enter upon and use any
11.
of the surface ground necessary for the purpose
RAILROAD (State Land Grants) See ORS 273.751 of exploring, prospecting for, developing or other-
for laws relating to right-of-way widths, station wise extracting any gold, silver, iron, copper, lead,
grounds, shops, side tracks, depots, turntables and coal, petroleum, gasses, oils or any other metals,
water stations, rights to materials, and rights relat- minerals or mineral deposits in or upon the land,
ing to construction of bridges. See ORS 273.755 for such right is an interest in real property. (See ORS
information on laws requiring filing of maps or 307.020 for definition of personal property.)
railroad locations and depot sites.
REAL PROPERTY SALES CONTRACT An agreement
RANDOM LINE A line runs in a random traverse. wherein one party agrees to lease or convey title
to real property to another party upon the sat-
RANDOM TRAVERSE When one end of a line is not
isfaction of specified conditions set forth in the
visible from the other end of a line, a traverse is
contract.
run at random (but as direct as possible) from one
end of the line to the other end. REAL PROPERTY (State Highways) Any right, title or
interest in real property. (See ORS 366.332.)
RANGE The north-south row of townships.
REALTY Real property.
RANGE LINES The north-south, township boundary
lines. RECESSION (Retrogression) Continuing landward
movement of the shoreline; a net landward move-
RANGE OF TIDE The difference in height between
ment of the shoreline over a specified time.
consecutive high and low waters. The mean range
is the difference in height between mean high wa- RECITAL A statement in a deed of some fact in con-
ter and mean low water. nection with the conveyance, i.e. the parties, in-
terests conveyed, etc. Recitals are supposed to be
RAPIDOGRAPH PEN A modern drafting pen for mak-
statements of fact, not inferences.
ing ink lines. See figure 115 of Chapter 11.
RECORDING INDEXES Indexes maintained by the
RASTERSCAN (CA.MLS) A line by line sweep across
county clerk or recording officer, to the books,
a display surface of a map to generate or record an
or microfilm for the recording of deeds; and for
image.
the recording of mortgages. The indexes can be
REAL ESTATE Leaseholds and licenses to use as well as direct or indirect. They contain alphabetically, the
any and every interest in land, whether corporeal name of every party to each instrument recorded
or incorporeal, whether freehold or nonfreehold, by that party, with reference to the book and page
whether held separately or in common with others or microfilm document where it is recorded (See
and whether the land is situated in this state or ORS 93.630).
elsewhere. (See ORS 696.010.) See real property.
RECORD OWNER The owner of real estate at the time
REAL ESTATE ESCROW See escrow, real estate. in question, as revealed by an instrument of con-
veyance, by the records of a loan institution, title
REAL LAW The common law relating to real prop-
company, assessors cadastre or the records main-
erty.
tained by the county clerk or recording officer.
REAL PROPERTY ORS 307.010(l) defines land, real This term must be defined in context with the law
estate and real property as: the land itself, or statute in which it is to be applied. For example,
above or under water, all buildings, structures, if an owner of real property fullfills the assessor
Glossary-75
with a copy of the deed to his or her real property, attaching the components together using specially
and that deed is noted and filed in the assessment designed fasteners.
records, the owner will be the record owner,
REGISTRATION OF A DEED The registration of a deed
or owner of record, in the assessment cadastre.
under the recording system. Not synonymous
This term can mean record owner in the records
with registration of title.
maintained by the county clerk or recording of-
ficer if that definition is the intent and purpose of REGISTRATION OF TITLE The registration of the title
the law. However, in general use, the term is not to, real property called the Torrens System. Re-
synonymous with owner of a recorded deed. pealed in Oregon. Not synonymous with registra-
tion of a deed.
RECORD, PUBLIC See public record.
RELEASE An express release is an act of writing by
RECTANGULAR SURVEY SYSTEM The term is used in
reference to the U.S. Public Land survey by town- which some right, claim, or interest is surrendered
ship, range, section and subdivision of section. See to another person. An implied release arises from
Chapter 5. acts of the creditor or owner, without any express
agreement. In a quitclaim deed release means dis-
RECTIFICATION OF AN AERIAL PHOTOGRAPH Pro- charge. The word is appropriate to extinguish an
jection of an aerial photograph (mathematically, easement. In Oregon Law dealing with mortgages,
graphically, or photographically) from its plane the word discharge is used instead of release.
onto a horizontal plane by translation, rotation,
and (or) scale change to remove displacement due RELEVANT EVIDENCE Evidence having any tenden-
to tilt of the aircraft. cy to make the existence of any fact that is of con-
esquence to the determination of the action more
REDDENDUM A clause in a deed which specifies a probable or less probable than it would he without
reservation. the evidence. ORS 40.150, Evidence Rule 401. ORS
REDEMPTION A method, provided by ORS 312.120, 40.155, Rule 402, provides: All relevant evidence
for removing property from a foreclosure list. is admissible, except as otherwise provided by the
Oregon Evidence Code, by the Constitutions of the
REFERENCE, DEED The recording number of a deed United States and Oregon, or by Oregon statutory
or mortgage recorded in the office of the county and decisional law. Evidence which is not relevant
clerk or recorder. Usually by book and page or by is not admissible.
microfilm number.
RELICTION The uncovering of land by the gradual
REFERENCE MONUMENT Where the site of a corner is subsidence of water. Reliction must not be con-
such that a permanent monument cannot be estab- fused with dereliction as when the water shrinks
lished, or where the monument would be liable to below the usual watermark. Reliction is a horizon-
destruction, and bearing trees or nearby bearing tal act of nature and dereliction being a vertical act
objects are not available, a reference monument is of nature. Real property boundaries can change by
established at a suitable place. an act of reliction. See Chapter 10.
REFERENCE POINT Points established, or used, to aid RELIEF The undulations or surface elevations of the
in finding or relocating survey points or monu- earth.
ments; i.e. bearing trees.
RELIEF MAP A map representing in three dimensions,
REGISTERED DEEDS Recorded deeds. Not to be con- a part of the surface of the earth.
fused with registered title.
RELINQUISHMENT An abandoning of; giving over a
REGISTERED PROFESSIONAL LAND SURVEYOR ORS right to.
672.002(7) defines registered professional land
surveyor as a land surveyor who is registered in REMEDY, STATUTORY A remedy afforded by statu-
this state and holds a valid certificate to practice tory law to a private party insofar as that partys
land surveying in this state. private and individual rights have been injured by
a wrong or injury, an offense, or violation of public
REGISTERED TITLE See Torrens System and registra-
or private duty. A statutory means is provided to
tion of title.
enforce a right or redress an injury, usually in a
REGISTRATION Correct positioning of one component court of law. For example, ORS 92.018 provides
of a composite map image in relation to the other a remedy for a buyer who has purchased an im-
components. Achieved, for example, by punching properly created lot or parcel, i.e.: ORS 92.018. A
sets of holes, having a fixed horizontal relationship person who buys a lot or parcel that was created
to each other, in each component sheet and then without approval of the appropriate city or county
Glossary-76
authority may bring an individual action against embracing indigenous steam, hot water and hot
the seller in an appropriate court to recover dam- brines; (b) steam and other gases, hot water and
ages or to obtain equitable relief. The court may hot brines resulting from water, gas or other fluids
award, in addition to the remedies provided in artificially introduced into geothermal forma-
this section, both reasonable attorney fees and tions; (c) heat or other associated energy found
costs incurred on trial and on appeal. in geothermal formations; and (d) any byproduct
derived from them. See ORS 522.005(7).
REMISS To release a claim to; or surrender a deed.
RESTRICTIVE COVENANTS See: Covenant. Cov-
REMNANT RULE A rule whereby the width of an un-
enants that place certain restrictions in the use of
dimensioned lot in a subdivision plat is the length
of the block minus the total width of the dimen- the land conveyed, or that prohibits the grantee
sioned lots. from doing or not doing a certain act concerning
his or her land. Such covenants are enforceable in
REMOTE SENSING (see also manual definition) De- a court of equity unless they are againat public
tecting and (or) monitoring chemical or physical policy. For example, ORS 93.270 provides that a re-
properties of an area by measuring its reflected strictive covenant that is discriminatory is unlaw-
and emitted radiation. ful in this state, and that any instrument executed
REMOVAL See ORS 541.605 relating to removal of main violation of the provisions of subsection (1) is
terial from any waters of this State. void and unenforceable.
REPEATING THEODOLITES See theodolite. RESURVEY A retracement of a survey or surveys.
REPRESENTATIVE FRACTION Scale of a map or chart RESURVEY, PUBLIC LAND The reestablishment or re-
expressed as a fraction or ratio that relates unit construction of the land boundaries and subdivi-
distance on the map to distance measured in the sions by the rerunning and remarking of the lines
same unit on the ground that were represented in the field note record and
on the plat of a previous official survey. The ad-
REPRODUCTION The summation of all the processes jective dependent applied to the term resurvey is
involved in printing copies from an original draw- employed for emphasis, and specifically to suggest
ing. A printed copy of an original drawing made the recovery and restoration of the prior official
by the process of reproduction. survey. See retracement survey. See Chapter 5.
RESERVATION The creation, in the grantor, of a new RETRACEMENT SURVEY One made for the purpose
right issuing out of the thing granted. In a deed, of verifying the direction and length of lines and
reservation is a portion removed from the land to identify the monuments and other marks of an
clearly granted. An exception, in a deed, is a part established prior survey. The retracement, as such,
of the estate not intended to be granted. Reserva- does not modify the former line or lines, excepting
tion implies a new right; exception implies an ex- where renewing the marks or monuments. The
isting right in the land granted. field notes, however, do afford new evidence of the
RESERVATION AND EXCEPTION (Distinguished). See character and condition of the previous survey, in-
reservation. cluding careful redetermination of the direction
and length of all lines retraced, and whether the
RESERVED LAND Public lands withheld or kept back retracement is corroborative of the former record
from sale or disposition. field notes and plat, or not, so in any particular.
RESIDUARY ESTATE Everything that remains of an See Chapter 5.
estate not otherwise disposed of; what is left of an RETRIEVAL SYSTEM A system for retrieving referenc-
estate after all debts and expenses of administra- es documents maps facts, etc. from a file (whether
tion, legacies and devises have been satisfied.
or not the file is in cabinets, on microfilm, in a
RESOURCES, GEOTHERMAL The natural heat of the computer, etc.).
earth, the energy, in whatever form, below the
REVERSE CURVES Simple curves that are abutting,
surface of the earth present in, resulting from, or
but turn in opposite directions. See Chapter 8.
created by, or which may be extracted from, the
natural heat, and all minerals in solution or other REVERSION Webster s New Collegiate Dictionary de-
products obtained from naturally heated fluids, fines reversion as the part of a simple estate
brines, associated gases, and steam, in earth, remaining in the control of its owner after that
exclusive of helium or of oil, hydrocarbon gas or owner has granted therefrom a lesser particular
other hydrocarbon substances, but including spe- estate; an act or the process of returning to a
cifically: (a) all products of geothermal processes former conclusion. Blacks supplies this defini-
Glossary-77
tion: A reversion designates the estate left in the publication on Clarification of the Words Revert
grantor during the continuance of a particular es- and Reversion. Revert. Blacks deftnee revert
tate, and also the residue left in the grantur or the as turn back, to return to. With respect to prop-
grantors particular estate. By those definitions erty, to go back to and lodge in the former owner
it would seem safe to say that reversion would who parted with it by creating an estate in another
be an appropriate designation of a servient estate (which has expired). This term is often used incor-
left in the donor of a public easement during the rectly in statements to the effect that the fee in a
continuance of the dominant estate in the public. vacated street reverts to the donor or subsequent
However, reversion usually applies to the situa- purchasers of land abutting the street. Since the
tion where B sells to A for life, and upon the death donor of a dedicated street does not part with the
of A the land reverts to B and the heirs of B. B, in fee in the land of the street, how is it possible for
this situation, has a reversionary interest in the the fee to revert to the donor upon vacation? In
land during As life. Another type of reversion is other words, how can something be returned that
where B put-chases a subdivision lot from A, with was never parted with? The courts have pondered
restrictive covenants promised by B that Bs estate this question, but have held that revert is the more
will terminate and revert to A if the promise is appropriate term for the action, and that it is the
broken. In this situation, A has a reversionary in- dominant estate that reverts as the result of a
terest that may or may not ripen into an estate in statutory vacation. Better stated, ~lWae vacation
fee. See: Reversionary interest and Revert. of a public way frees the fee simple estate of the
burden of the public easement.
REVERSIONARY INTEREST A future interest in prop-
erty left in the rantor or the grantors successore. REVERT Return to; go back to; or fall back.
The right of succession or future possesion or en-
REVISED STATUTES Either the Oregon Revised Stat-
joyment in land. The right of a dedicator, or his or
utes (abbr. ORS; being Oregon Law) or the United
her succeesore or grantees, to the land of a vacated
States Revised Statutes (abbr. R.S.).
public way. The level of estate that reverts upon
vacation is the dominant estate because the fee REVULSION A sudden, violent, perceptible change in
in the public way, the servient estate, never left the the location of a river or stream; revulsion results
dedicator at the time the way we donated to the in an avulsion.
public. It passed from the dedicator to the subse-
RHOMBUS An oblique angled equilateral parallelo-
quent owners of land abutting the way.
gram whose sides are equal and opposite sides
There is an important distinction between the are parallel; but the angels are unequal, two being
reversionary interest of a dedicator, and the rever- obtuse, and two acute.
sionary right to regain land because of a condition
RHUMB LINE A line of constant bearing.
broken. The former is a fee simple estate existing in
the dedicator and subsequent purchasers of land RIGHT A legally enforceable claim of one person
abutting a public way;, property within the con- against another that the other shall do, or not do,
stitutional prohibition administer taking property, a given act. Land is a gift of nature. Every person
without just compensation, for a public use (only). has rights in it, including the right to living space
The latter is not an existing estate; rather it is a fu- and the right to get subsistence from it. Title to
ture estate, not really vested in anyone, contingent land, an accumulation of rights, is not an exclusive
on an event that may never happen. right as in the case of chattels (such as farm ani-
mals or machinery). Some of the rights included in
Although the reversionary right of entry for a con-
the title to land are always retained by the public.
dition broken is a legal right, it is not a right that is
The titleholder has use rights. However, these
as sacred as an existing fee simple interest in real
rights can be eliminated through condemnation
property. That is, in many states, such as Oregon,
proceedings under the power of eminent domain
laws have been enacted to limit the time a condi-
(if the land is needed for public or quasi-public
tion subsequent or other limitations may restrict a
use. These rights can also be regulated under the
fee simple interest (ORS 105.770). A right to the bed
police power of the state if the restriction imposed is
of a vacated way, however, is an existing fee simple
in the interest of health, safety, morals, convenience, or
estate. As such, it is protected by the Constitutions
the general welfare o[ the public). Miller, Frank, April
of the United States and Oregon. Consequently, it
1970, ALREA Appraisal Journal.
is not within the jurisdiction of the legislature, and
cannot be taken for private use, and cannot be tak- RIGHT ANGLE An angle formed by two lines perpen-
en for public use without just compensation. See: dicular to one another at the vertex. A right angle
Reversion, Revert, and the subsection of this is 90.
Glossary-78
RIGHT BANK OF A STREAM The bank on the right absence of special circumstances indicating a con-
when facing DOWNSTREAM. trery meaning the courts generally construed the
term in accordance with common usage. Cit. in
RIGHT OF EMINENT DOMAIN The right of govern-
Cappelli v. Justice, 262 Or. 120, 496 P.2d 209. Regard-
ment to take property for public uses. See eminent
less, the courts have acknowledged that right of
domain.
way can mean the fee simple title when used in
RIGHT OF EMINENT DOMAIN One of the oldest rights instxument for acquiring land for a state highway,
of government. It is the sovereign right of a gov- espacially state through ways where the fee in the
ernment (U.S., Oregon, counties, cities, and quasi land is necessary to bar the right of access that
governmental bodies) to take private property an abutting owner might acquire if the limited
within its jurisdiction for public use without the access highway was merely an easement. In High-
owners consent upon paying due compensation. way Comm. v. Pac. Shore Land Co., supra, the court
The power, of eminent domain is inherent in explained, But the legislature has authorized the
the state; the Oregon and federal constitutional Department of Transportation to acquire fee title
provisions are not grants but limitations of the when acquiring land for right of way purposes;
power. Although the right or power is delegable so the term right of way includes land acquired
to subordinate agencies of the state, the dele. gain fee (when that level of estate is necessary), as
tion must be by express statutory authority. Such well as land where only an easement has been
authority will not be implied, nor can the power acquired. See: Problem 2 is in Volume 4 under the
be exercised for purposes other than public use or subsection on Vacation Problems.
benefit. Olcott v. Hawk, 105 Or. 319. This point was
RIGHT-OF-WAY, COUNTY ROAD Easements for the
made in Huddleston v. Eugene, 34 Or. 343: Statutes
construction of public highways of a county road
authorizing the condemnation of private proparty
system. The right of the county and public in pub-
for a public use are wholly in invitum, and since
lic highways (includes county roads) is exempt
they are in derogation of vested rights, must be
from adverse possession. Refer to ORS 368.620.
strictly construed.
RIGHT-OF-WAY, HIGHWAY Land taken by donation,
RIGHT OF ENTRY The right of taking or resuming
agreement, or exercise of the power of eminent do-
possession of land by entering on it in a peace-
main for the construction of State highways. In all
able manner. (See Blacks Law Dictionary, Revised
cases where title to real property is acquired by the
Fourth Edition).
Department of Transportation, for right-of-way, by
RIGHT OF INGRESS AND EGRESS A right to go upon any of the above methods, a title in fee simple may
and cross the land of another. be taken. See ORS 366.360, 366.315 (widths of right-
of-way), 366.320 (acquisition of rights-of-way), and
RIGHT OF WAY (1) This term has two significant
366.340 (acquisition of real property generally).
meanings. It sometimes is used to describe a right
belonging to a party, of passage over anothers RIGHT READING COPY Printed or drawn page an
land (an easement); and it is also used to describe which the lettering and (or) images are presented
the taking of a fee simple interest in the land it- in their normal orientation, for example, reading
self. A right-of-way is one kind of easement and from left to right. Oregon standard cadastral maps
is also a corporeal hereditament, but easement is are right reading.
the broader term, since it includes charges on real
RIPA The banks of a river.
estate other than rights-of-way. A mere right-of-
way overland should always be regarded as an RIPARIAN Related to, living on, or located on the
easement. A, deed reading a 25 foot strip of land banks of a natural watercourse. To be riparian,
for road purposes should be regarded as mean- the land must abut the stream. The word littoral
ing subject to an easement for road purposes. should be used in reference to lands and rights
See Chapter 13 for legal references. (2) The right abutting, tidewaters and lakes. See title of riparian
of passage over another (persons) ground; and its owner and Chapter 10.
legal and generally accepted meaning.., a mere
RIPARIAN OWNER One whose lands abut upon a river
easement in the land of others. It would be using
or stream. See title of riparian owner and Chapter
the term in an unusual sense by applying it to
10.
an absolute purchase of the fee simple in lands.
Blacks Law Dictionary, rev. 4th ed., supro In High- RIPARIAN RIGHTS The word riparian stems from ripa,
way Comrrr v. Pacific Shore Land Co., 201 Or. 142 which means bank. To be riparian, lands must
269 P.2d 512, the court held, In common parlance abut a body of water. Therefore, riparian rights are
the term right of way signifies an easement. In the rights incidental to the ownership of land bor-
Glossary-79
dering on water. They pass with the transfer of the ROAD ASSESSMENT DISTRICTS Districts formed to
property (even when not so designated in a deed). provide for the improvement, repair or recon-
They connote the rights and profits to the owner struction of the public roads within the area of
of the upland arising from its connection with the land covered by the district. (See ORS 371410.)
water. They are natural property rights; a part of
the soil, they go with the soil. See discussion on ROAD DISTRICTS, DIVISIONAL Refer to ORS 368.430,
riparian rights in Chapter 10. 371.055, 371.070, 371.061, 371.305, and 371.305 to
371.361 (specifically ORS 371.336).
RIPARIAN UPLANDS The lands that touch the line of
ordinary high water. See: Volune 5 of the Oregon ROAD OR STREET (SUBDIVISION LAWS) Road or
Cadastral Map Systens Mapping Riparian Lands. street means a public or private way that is cre-
ated to provide lngrem or egress for persons to
RIPARIAN UPLAND OWNER The proprietor of riparian
one or more lots, parcels, areas or tracts of land,
uplands. One whose property lines run to the or-
excluding a private way that is created to provide
dinary high water line (or mean hlgb water line) of
a navigable body of water, or to the ordinary high ingress or egress to such land in conjunction with
water line and extending to some point in the bed the use of such land for formtry, mining or agri-
cfa non-navigable body of water. The term is used cultural purposes. Regardless of that definition,
synonymously with riparian owner, but the lat- road and street in legal acceptance means
ter term includes the owner of the bed of a body the same as public highway, unless (1) prefixed
of water, who does not own riparian uplands. For by private, (2) the language of the plat is such to
example, the State of Oregon is a riparian owner show intent to reserve the road or street for
in most of the navigable part of the Willamette private use, or (3) some other acceptable evidence
River because it owns the bed of that river as a shows intent to reserve these ways for private use.
consequence of its navigable status. However, it
is a riparian upland owner in only certain situa- ROAD (STATUTORY, ORS 368.001, HIGHWAY AND
tions where it owns the riparian uplands. Where ROAD LAW) Road means the entire right of way
the owner of the bed of a body of water also owns of any public or private way that provides ingress
riparian uplands abutting that part of the bed, ei- to, or egress from property by means of vehicles
ther riparian uplands owner or merely riparian or other means that provide travel between places
owner, are appropriate designations of the own- by means of vehicles. Road includes, but is not
ership. The word uplands, by itself, is not synon- limited to:
ymous with riparian uplands. Technically, any
a. Ways described as streets, highways, through-
land not in the bed of a body of water is uplands.
ways or alleys,
However, it is common for riparian uplands to be
referred to as merely uplands, and such use of b. Road related structures that are in the right of
the word is acceptable (but not preferred). way, such as tunnels, culverts, or similar struc-
RIPRAP ORS 541.620 The facing of a stream bank with tures, and
rock or similar substance to control erosion in ac- c. Structures that provide for continuity of the
cordance with regulations promulgated by the right of way, such as bridges.
Division of State Lands.
ROADS, TERRITORIAL See territorial roads.
RIPUARIAN Synonymous with riparian.
ROADWAYS In general, not synonymous with road,
RIVER BANKS The bank containing the waters of a
highway or street. The word usually denotes land
river at its highest ordinary flaw.
improved, designed, or ordinarily used for ve-
ROAD (As used in Chapters 366 and 367 of the ORS) hicular travel; whereas, the words road, highway
Road or highway includes necessary bridges and and street covers not only that portion used for
culverts, and city streets, subject to such restric- vehicular travel, but also that portion used for
tions as Oregon Law provides. (See ORS 366.010.) parking, sidewalks and pedestrian travel. Curbs
ROAD (Subdivisions and Partitions) (1981) A public are usually considered as part of the roadway.
or private way created to provide ingress or egress ROD 16.5 feet in length.
for persons to one or more lots, parcels, areas or
tracts of land, excluding a private way created to ROD, STADIA A surveying instrument used, with the-
provide ingress and egress to such land in conjunc- odolite, transits and levels, for measuring distanc-
tion with the use of such land for forestry, or agri- es where it is impractical to use surveyors tapes or
cultural purposes. (Based on ORS 92.010(10).) chains. See figures 614 and 615 of Chapter 6.
Glossary-80
ROOD OF LAND The fourth part of an acre in square ORS 42.220. In construing an instrument, the
measure or one thousand two hundred and ten circumstances under which it was made, includ-
square yards. ing the situation of the subject and of the parties,
may be shown so that the judge is placed in the
ROTARY FLOW CAMERA (Mirographics) A microfilm
position of those whose language the judge is in-
camera that photographs material moved by the
terpreting.
cameras carrier. The material carrier (or document
carrier) is connected to the film carrier and both ORS 42.230. In the construction of an instrument,
move in unison. the office of the judge is simply to ascertain and
declare what is, in terms or in substances, con-
ROUNDING-OFF The mathematical process of short-
tained therein, not to insert what has been omit-
ening the number of significant figures in a num-
ted, or to omit what has been inserted; and where
ber. See Chapter 9 for instructions.
there are several provisions of partitulars, such
ROUTE The course; the way to be traveled; the way construction is, if possible, to be adopted as will
traveled; a way used for going from one place to give effect to all.
another, line of travel; and transit.
ORS 42.240. In the construction of an instrument
ROUTE SURVEYS Also classified as engineering sur- the intention of the parties is to be pursued if pos-
veys. Surveys of highway routes (r/w), county sible; and when a general and particular provision
road right-of-ways, transmission line easements, are inconsistent, the latter is paramount to the for-
pipe line easements, railroad right-of-ways, etc. mer. So a particular intent shaIl control a general
one that is inconsistent with it.
RULE OF CONSTRUCTION A rule which either gov-
erns the effect of an ascertained intention, or ORS 42.250. The terms of a writing are prmnuned
points out what the court should do in the absence to have been used in their primary and general
of express or implied intentions, e.g. the following acceptation, but evidence is admissible that they
rule of construction from the Oregon case ofP & have a technical, local, or otherwise peculiar sig-
W.V.R. Co. v. City of Portland, 14 Or. 188: A deed nification and were used and understood in the
purporting to convey land that is intended for a particular instance, in which case the agreement
public highway will, in absence of some indicia of shall be construed accordingly.
a contrary intention of the parties, be construed as
ORS 42.260. When the terms of an agreement
passing an easement only, and net fee simple ab-
have been intended in a different sense by the par-
solute title. It is important to understand, Rules
ties, that sense is to preveil, against either party,
of construction are net to be invoked to contradict
in which the party supposed the other understood
the plain meaning and purport of language of a
it. When different constructions of a provision are
grant. Minto v. Salem Water Etc. Co., 120 Or. 202,
otherwise equally proper, that construction is to
250 P. 722. It is the duty of the court to declare
be taken which is most favorable to the party in
the meaning of what is written in the instrument,
whose favor the prevision was made.
not of what was intended to be written Id. This
rule of construction supplied in Fendali v. Miller, 99 ORS 42.270. When an instrument consists partly
Or. 610, 196 P. 381, is relevant to the cadastral map- of written words and partly of printed form, and
ping process: Every word or clause in a written the two are inconsistent, the former controls.
instrument should be given its sufficient effect, if
ORS 42.280. When the characters in which an in-
possible to do so. And, It is a well-settled rule of
strument is written are difficult to be deciphered,
law that, where there is an exception or reserva-
or the language is not understood by the court,
tion of one thing, it will be presumed that no other
evidence of persons skilled in deciphering the
exceptions or reservations are intended than those
characters, or who understand the language, is ad-
expressed.
missible to declare the characters or the meaning
RULE OF INTERPRETATION Rules governing the as- of the language.
certainment of the meaning of the parties to an in-
ORS 42.290. A written notice is to be construed
strument. For example, as provided in ORS 42.210
according to the ordinary acceptation of its terms.
to 42.300,i.e.:
Thus, a notice to the drawers or indorsers ora bill
ORS 42.210. The language of a writing is to be in- of exclmnge or promissory note, that it has been
terpreted according to the meaning it bears in the protested for want of acceptance or payment, shall
place of execution, unless the parties have refer- be held to import that it has been duly presented
ence to a different place. for acceptance or payment and refused, and that
Glossary-81
the holder looks for payment to the person to is subordinate to other definite and ascertained
whom the notice is given. particulars. See: Rules of interpretation.
ORS 42.300. Except for the recital of a consider- RULES OF EVIDENCE The statutory provisions known
ation, the truth of the facts recited from the recital and cited as the Oregon Evidence Code. The
in a written instrument shall not be denied by the rules were established to secure fairness in ad-
parties thereto, the/r representatives or successors ministration, elimination of unjustifiable expense
in interest by a subsequent tifie. It may be gener- and delay, and promotion of growth and develop-
ally stated that the rules of interpretation are roles ment of the law of evidence to the end that the
of construction. truth may be ascertained and proceedings justly
RULE OF PROPERTY A settled legal principle govern- determined. ORS 40.020, Rule 102. An example of
ing the ownership and devolution of property. a rule of evidence is the Hearsay Rule, Rule 102:
ORS 40.460. Hearsay is not admissible except as
RULES OF CONSTRUCTION (STATUTORY) ORS 93.310 provided for in ORS 40.450 to 40.475 or as other-
The following are the rules for construction the wise provided by law.
descriptive part of a conveyance of real property,
when the construction is doubtful, and there are RULES OF INTENT Synonymous with rules of inter-
no other sufficient circumstances to determine it: pretation and rules of construction.
(1) Where there are certain definite and ascer- RULES OF PROPERTY Settled legal principles govern-
tained particulars in the description, the addition ing the ownership and devolution of property.
of others, which are indefinite, unknown or false, RULING PEN In general any pen used to lay out and
does not frustrate the conveyance, but it is to be draw ink lines. In common use, it is a special
constrused by such particulars, if they constitute a drafting pen that has adjustable blades for mak-
sufficient description to ascertain its application.
ing various thickness of ink lines. The pen stores
(2) When permnent and visible or ester-fained the ink between the blades; therefore, the ink has
boundaries or monuments are inconsistent with a tendency to dry rapidly. This has been overcome
the measurement, either of lines, angles or retrac- by a new kind of ruling pen that has an enclosed
es, the boundaries or monuments are paramount. ink reservoir, i.e., the Rapidograph Pen.
(3) Between measurements which are inconsis- RUNNING THE SHORE As used in deed descriptions
tent with each other, that of angles is paramount means running by the shores.
to that of surfaces, and that of lines paramount to
RUNNING TO A HIGHWAY (or road) Expressive of an
both.
intention in a deed to convey to the middle of the
(4) When a road or stream of water not navi- highway (or road); but, when from the description
gable is the boundary, the rights of the grantor to it is manifest that the parties intended to restrict
the middle of the road, or the thread of the stream, the conveyance to the line of the highway or road,
are included in the conveyance, except where the no part of that highway or road passes.
road or bed of the stream is held under another
title. See: Cross v. Talbot, 121 Or. 270, 254 P. 827 for RUNNING TO A HIGHWAY, RUNNING TO A ROAD,
clarification of this rule; andFossi v. Meyers, 271 Or. RUNNING TO A STREET, ETC Expressive of an
611. intention in a deed to convey to the middle of the
highway, road, street, etc. But, when the descrip-
(5) When tidewater is the boundary, the rights tion is manifest that, in no uncertain terms, the
of the grantor to low watermark are included in parties intended to restrict the conveyance to the
the conveyance, and also the right of this state be- line of the highway or road, no part of that high-
tween high and low watermark. way or road passes.
Note: The statutes governing submerged and sub- Note-. In Cross v. Talbot, 121 Or. 270, 254 P. 827,
mersible lands will control as to the exact bound- the court held, The presumption of an intent to
ary between uplands and tidelands (ordinary high convey title to the center of a street or highway is
water) and between tidelands (submersible lands) not overcome by the fact that the land conveyed
and submerged lands (ordinary low water).
is described by metes and bounds, and that the
(6) When the description refers to a map, and distances stated in the description of the deed do
that reference is inconsistent with other particu- not extend to the center of the street or highway.
lars, it controls them, if it appears that the parties See: Rules of construction, ORS 93.310(4) and
acted with reference to the map; otherwise the map note.
Glossary-82
RUNNING WITH THE LAND That which touches or mechanical drawings, or other types of plots or
concerns the land granted or demised so that it drawings. There are several types of scales: met-
passes with ownership. ric scales, chain scales, architects scales, engineer
RURAL FIRE PROTECTION DISTRICT A taxing district scales, etc. See Chapter 11.
proposed to be organized under, or subject to SCALE, ARCHITECTS A drafting tool used for measur-
ORS Chapter 478. See ORS 478.010 (Territories Not ing and setting out lengths and distances when
Included). Abbr. RFPD. These are not the same as making mechanical, structural or architectural
fire patrol. drawings. It is divided into proportional feet and
SAFETY FILM (Micrographics) A comparatively non- inches. Do not make map measurements with this
flammable film that meets the American National type of scale. See figures 118A, 119 and 1110 of
Standard specifications. Chapter 11.
SAID A word, of reference meaning previously men- SCALE, CHAIN A cartographic tool used for measur-
tioned or written in the deed; previously stated in ing lengths and distances in chains. See figures
the deed. Where the word said is used as, one 118D and E of Chapter 11.
reference, and there is a contention as to which
SCALE, ENGINEERS An engineering draftsman or
two antecedents it was intended to apply, it is held
cartographers tool for setting out and measur-
to refer to the last.
ing lengths and distances when making maps,
SALE OR SELL (Subdivisions & Partitions) Sale or. plot plans and construction drawings. Graduated
Sell includes every disposition or transfer of into feet and tenths of a foot. See figures 118B, 1111
land in a subdivision or partition or an interest or through 1116 and the discussion of Chapter 11.
estate therein. ORS 92.010(11).
SCALE, MAP The ratio of map measurements. Scales
SALE OR LEASE (Oregon Subdivision Control are shown in inches to feet (e.g. 1 = 2000, or as a
Law) SALE or LEASE includes every dispo- ratio (e.g. 1:2400). See table 9 in the appendix.
sition or transfer of land in a subdivision or an
interest or estate therein, by a subdivider or a de- SCALENE TRIANGLE A triangle with three sides; .all
veloper, or their agents, including the offering of being of different lengths.
such property as a prize or gift when a monetary SCALES, STANDARD CADASTRAL MAP The four
charge or consideration for whatever purpose is standard map scales of the Oregon State Standard
required by the subdivider, developer or their Cadastral Map System: V= 100, 1= 200, 1= 400
agents. ORS 92.305. and 1= 2,000. Special map scales are: I= 20, 1=
SALIENT POINT Any point on the shore that has an 50 (for condominiums) and 1= 800 (for mining
effect on the location of a median line. See Chapter claim detail maps).
10 for discussion, illustrations and formulae.
SCENIC EASEMENTS In Oregon Law, an aggregation
SALTZMAN PROJECTOR A vertical reflecting projec- of easements, convenants or conditions running
tor used for projecting photographs and sections with the land, designed to preserve or maintain
of opaque maps. The projector has the capability of all or part of the natural or existing state or recre-
enlarging to scale or reducing to scale. ational, cultural, scenic, historic or other appropri-
ate places of public significance.
SANCTUARY, ESTUARINE Research area which may
include any part or all of an estuary, adjoining SCENIC WATERWAY A river or segment of river that
transitional areas, and adjacent uplands, constitut- has been designated as such in accordance with
ing to the extent feasible a natural unit, set aside ORS 390.805 to 390.925 or any subsequent act, and
to provide scientists and students the opportunity includes related adjacent land. See ORS 390805(4)
to examine over a period of time the ecological for a definition of related adjacent land. See Chap-
relationships within the area established under ter 10 for a list of rivers designated as scenic wa-
provisions of the Coastal Zone Management Act terways.
(CZMA). An example is the South Slough Estua-
rine Sanctuary in Coos Bay. SCHOOL DISTRICT Districts formed, by legislative
authority, for the erection, maintenance, adminis-
SAND BAR Sand forming an obstruction to naviga- tration, and support of the public schools within
tion. Sand bars are usually below average high- the territory of the district, and in accordance with
water elevation; submersible lands.
the general school laws of the State of Oregon. The
SCALE A drafting tool used for measuring and setting districts have the power of self-government and
out lengths and distances on maps, floor plans, local taxation.
Glossary-83
SCHOOL LANDS Section 16 and 36 in each township mote the completion of an adequate and connected
were granted to the state by the Act of February system of highways, intercounty in character and
14, 1859 (11 Stat. 383). Lands selected for internal correlated with the state highway system.
improvements, under the Act of September 4, 1841
SECONDARY SURVEYS A subordinate survey to a
(5 Stat. 455), and diverted for common schools
larger or controlling survey. The survey of a lot in
with consent of Congress by the Joint Resolution
a subdivision is considered secondary. The subdi-
of February 9, 1871 (16 Stat. 595). Lands selected for
vision survey itself is the primary.
capitol building purpose under the Act of Febru-
ary 14, 1859 (11 Stat. 383). See ORS 273.251. SECTION A subdivision of a township that, under
the general plan of the cadastral survey of the
SCRIBING Marking material with a pointed instru-
U.S. public lands, contains as nearly as possible
ment. Removal of portions of a photographically
six-hundred and forty acres; each section being
opaque coating from a transparent base with en-
one mile square. The sections are numbered one
graving tools.
through 36 (one township in Klamath County has
SEA LEVEL The level of the surface of the sea at its a section 37). It is doubtful that any section of the
mean position between mean high water and rectangular survey is exactly 640 acres or exactly
mean low water. Zero sea level is not zero tidal one mile in either length or width. See Chapter 5
level. for additional information on sections.
SEA LEVEL DATUM OF 1929 The datum: for vertical SECULAR VARIATIONS The most important magnetic
control in the U.S. and Canada. This datum is variation in the needle of a compass. Secular varia-
based on 1929 combined first-order level networks tions cannot be predicted; however, historic varia-
of both countries added to U.S.C. & G.S. general tions have been, and can be recorded in tables and
adjustments. That datum was readjusted for Or- charts. When retracing old surveys it is important
egon in 1947. See the charts in the appendix. to know the magnetic variation as it was at the
time of that survey, and the present variation.
SEA LEVEL, MEAN The average level of the sea for all
stages of the tide over an 18.6 year period, as deter- SEDIMENTATION Deposition of eroded particles by
mined from hourly height readings. See the charts hydraulic action.
in the appendix.
SEGMENT OF A CIRCLE That part of a circle contained
SEASHORE The margin of the sea in its usual and between a chord and the are of that circle; as much
ordinary state. of a circle as is cut off by a chord.
SEAWARD BOUNDARY OF LAND Under common law, SEGREGATION A division out of a parent parcel of
the mean high tide of the sea waters. land.
SECANT OF AN ANGLE The ratio of r x of the follow- SEISED Denotes a possession in fact by one having or
ing triangle: claiming a freehold interest, which is known as a
seisen in deed, or a right of immediate posses-
sion, which is known as seisen in law. The word
is used in sense of owned In its technical sense,
applies only to real property.
SEISEN In American jurisprudence seisen or seiz-
ing generally means ownership. It means
possession in land of at least a freehold estate. It
means ex vi termini, the whole legal title, and
SECOND A sexagesimal division of a unit equal to
nothing short of it will satisfy. Mere occupancy
1/360 of a degree. There are sixty seconds in one
does not constitute seisen in the legal sense of
minute of arc.
the term.
SECONDARY STATE HIGHWAYS The system of high-
SEISEN IN DEED Actual possession of the freehold
ways improved, maintained and repaired under
estate.
jurisdiction of the Department of Transportation,
Highway Commission. By mutual agreement with SEISEN IN LAW Right of immediate possession ac-
the County Courts, the Commission designates cording to the nature of the estate.
and adopts select market roads or other county
SEIZEN Synonymous with seisen.
roads or available locations or routes as secondary
state highways. The intent of the secondary state SELFCHECK DIGIT A digit added to the right of an ac-
highway system is to contribute to and best pro- count number so that the validity of the account
Glossary-84
number can be checked by a computer each time Meyer, 88 Mich. 339, 50 N.W. 290. A resurvey pur-
the account number is entered at a data station. porting to change the line to correct inaccuracies is
The computer assigned check digit works as fol- not admissible to show the true line fixed by the o
lows: original plat, Bishop u. Johnson, 100 So.2d 817.
(1) Assume desired account is 62135. SERVIENT In an easement there are always two
distinct tenements: the dominant tenement to
(2) Multiply every other digit by 2 beginning with
which the easement right belongs, and the ser-
the unit 1, then 2, 3, and ending with 0, or 1230
vient tenement upon which the obligation rests.
(2 and 3 being from the number 62135). If this
would have been a six-digit number, the zero Where A sells an easement for a road to B (across
would have been the amount of the sixth digit Xs land) A has the servient estate and B has the
in the number. dominate estate.
(3) The sum of the new digits 1, 2, 3 and 0, and the SERVIENT ESTATE (or servient tenement) The estate
old digits 2 and 3, equals 11. subject to the easement. See servient.
(4) The number required to raise 11 to the next mul- SERVITUDE (1) A civil law term for easement in
tiple of 10 is 9. Nine is, therefore, the self-check common law; the right of the owner of one parcel
digit. of land to use anothers land for a special purpose
of his own not inconsistent with general property
(5) The total account number including the self- rights in the other owner. It is a burden imposed
check digit would be 621359. on one tract of land for the benefit of another. (2)
NOTE: This entire operation is done in the com- A burden imposed on land for the benefit of other
puter. Seller. The grantor. The party transferring, land or the public. A public easement for travel is
granting, or selling the property. The one who dis- a servitude. The closing of a through street would
poses of a property for consideration. be a new servitude on any property affected by
the closure; a servitude that would be a taking,
SEMITANGENT The projected tangent, of an arc, to the and could require compensation as provided for
point of intersection of the next (or last) tangent in the U.S. and Oregon Constitutions.
projected. See Chapter 8.
SEGMENT Includes, as to a decedent, the full process
SENIOR RIGHTS The rights of a party (to a boundary of administration, distributing and closing.
line or ownership conflict) having the earlier, or
senior, deed. The party having the more recent SETTLEMENT Includes, as to a decedent, the full pro-
deed would have junior rights. One principle cess of administration, distributing and closing.
of law applied in cases of conflict between junior SEVERALITY A sole, separate and exclusive posses-
and senior conveyances is: A junior conveyance, sion, dominion or ownership;
in conflict with a senior conveyance, yields to the
senior, ie. He who conveys an interest in land SEVERANSE DAMAGES In the case of a taking, the
to one party, cannot at a later date sell the same diminuation of the market value of the area re-
interest to another. In the order of importance of maining.
conflicting elements, senior rights is second in SEXAGESIMAL One sixtieth. Pertaining to the num-
importance (after right of possession and before ber 60.
written intention of parties).
SEXAGESIMAL SYSTEM The system of dividing the
SENIOR SURVEY Between two surveys, the older sur- compass circle (or any circle) into 360 degrees;
vey. In Wing v. Wallace, 42 Idaho 430, 246 P. 8, the
each degree consisting of 60 minutes of arc, and
court said, A reeurvey does not affect rights pre-
each minute consisting of 60 seconds of arc.
viously vested, its purpose being to ascertain the
lines of the original survey without regard to their SHORE Land covered and uncovered by the rise and
correctness. Where there is a conflict between the fall of the normal tide. In its strictest use, the term
field notes of different surveys, the field notes of applies only to land along tidal water.
the senior survey will prevail, 6 Thompson 603,
SHOREFACE Narrow zone seaward from the low-
sec 3050. A surveyors call to a junior survey has
tide shoreline permanently covered by water over
been held not to control over another call to a se-
which the beach sands and gravels actively oscil-
nior survey, ,rd. cit.: Weatherly v. Jackson, 98 S.W.2d
late with changing wave conditions.
1037. Subsequent surveys may aid in finding lost
comers, but where the old and recognized corners SHORELINE Intersection of the land with the water
are well known, these must control, Id. cit. Hess v. surface. The term has no legal significance. In ar-
Glossary-85
eas affected by tidal fluctuations, mean high water CAM systems it consists of operations software,
is considered as the shoreline. command software and applications software.
SHORE OF NAVIGABLE WATER The land between the SOLAR OBSERVATIONS Observations of the sun to
high and low water marks. determine the true north-south meridian.
SIDE LAP The amount expressed as a percentage, SOUTH When used in a deed description, and not
that one aerial photo overlaps the area of an aerial controlled or modified by any other words or mon-
photo in an adjoining flight. uments, means due south; the meaning depending
on the context.
SIDE LINES OF A ROAD, STREET,ALLEY, HIGHWAY,
ETC The boundary, or margin, of a right of way; SOUTHEAST The southeast quadrant of a section
the limit of the publics easement; the lines used to (SE14), quarter section (SE14 NW14), etc. The quad-
determine the width of the easement. Synonymous rant between south, and east. Where the term is
with right of way. Sidelines are not synonymous employed to designate a boundary or line in the
with edge of pavement. description of a deed, it should be construed as
equivalent to a call to run due southeast (or S
SIDEREAL TIME Equal to the hour angle at the vernal 450000 E), as the case may be, in the absence of
equinox. a call for visible monuments, or any other descrip-
SIMPLE CURVE A curve with an arc of one constant tion of the line which locates it with reasonable
radius. See Chapter 8. certainty.
SINE The straight line drawn from one extremity of SOUTHERLY From the north towards the south. When
arc perpendicular to the diameter passing through not controlled by definite courses, monuments, or
the other extremity. If, from any point on one side other descriptions, usually means due south. This
of a plane angle, a perpendicular be let fall upon term must always yield to monuments or other
the other side, thus forming a right-angled tri- definite calls.
angle, the ratio of the hypotenuse of this triangle SOUTHERNMOST Farthest part to the south; most
to the perpendicular, is the sine of the angle. The southern part.
ratio y r is the sine of the angle & in the following
illustration. SOUTH SOUTH EAST Part of the southeast quadrant,
or 2230 east of south. S 2230E.
SOUTH SOUTH WEST Part of the southwest quadrant,
or 2230 west of south. S 2230W.
SOUTHWEST The southwest quadrant of a section
(SW14), quarter section (SW14 NE14), etc. The quad-
rant between south and west. Where the term
is employed to designate a boundary or line, it
should be construed as equivalent to a call to run
due southwest (or S 45000(Y W), as the case may
SINGLE PROPORTIONATE MEASUREMENT A new be, in the absence of a call for visible monuments,
measurement made on a line to determine one or or any other description of the line which locates it
more positions on that line. The method is gener- with reasonable certainty.
ally applicable to the restoration of lost corners on
standard parallels and other lines established with SPECIAL INTERESTS Undivided interests in real estate
reference to definite alignment in one direction or other special interests, mineral rights (mineral
only. All lost 14 corners within a township must be only), and improvements only. See Chapter 3 for
restored by this method. Intermediate comers on treatment of special interests in the tax lot num-
township exteriors and other controlling bound- ber.
ary lines are to be included in this class (as.per SPECIAL ROAD DISTRICTS See road districts.
B.L.M. Instructions).
SPECIAL WARRANTY, CONVENANT OF One of which
SIXTEENTH-SECTION CORNERS The 14 14 corners of a the operation is limited to certain persons or
section (except the section, 14 and center section claims.
corners). Synonymous with sixteenth corners.
SPECIAL WARRANTY DEED As provided in ORS 93.855
SOFTWARE (CAMS) The set of programs used to (special warranty deed form, effect), A deed in
instruct the computer, digitizer, plotter, etc. in the form of subsection (1) of this section shall have
performing functions and solving problems. In the same effect as a warranty deed as described in
Glossary-86
ORS 93.850, except that the covenant of freedom dental thereto. (See ORS 541.450). Splash dam are
from encumbrancee shall be limited to those en- unlawful in Oregon as per ORS 541.455.
cumbances created or suffered by the grantor and
SPOT ELEVATION Point on a map or chart whose
the covenant of warranty shall be limited to read:
height above a specified datum is noted, usually
That the grantor warmnts and will defend the
by a dot or a small sawbuck and elevation value.
title to the property against all persons who may
lawfully claim the same by, through or under the STADIA Greek for unit of length. 600 Greek feet
grantor. (3) If the grantor desires to exclude any equals 606 feet and 9 inches under the English
encumbrances or other intereete from the scope of system of measure. Stadia is also the cross wires
the covenants of the grantor, such exclusions must in a transit telescope. A stadia rod is used to make
be expressly set forth on the deed. stadia measurements. The word stadia is often
used in reference to making measurements by the
SPECIFIC DEVISE A devise of a specific thing or speci- stadia methods.
fied part of the estate of a testator that is so de-
scribed as to be capable of identification. It is a gift STADIA METHOD (For making measurements). A
of a part of the estate identified and differentiated rapid method of making measurements where it is
from all other parts. impractical to measure distance with a surveyors
chain. The method involves lining the stadia hairs
SPHERICAL COORDINATES Latitude and longitude. of a transit with marks on the stadia rod. In most
SPIRAL CURVE Also known as a transitional curve, transit telescopes, the interval between the cross
spiral transitional curve, or transitional spiral hairs gives vertical intercept of one foot on a rod
curve. Used in highway design to balance the that is positioned 100 feet from the telescope.
centrifugal force of a vehicle passing around a STADIA ROD A surveying rod graduated in feet,
curve, whereas, the design of the curve allows for tenths and hundredths, that is used in the stadia
the transition of an automobile from a straight line method to measure distances to the nearest foot.
to the central simple curve, and from the central See Chapter 6.
simple curve to the next straight section of high-
way. See Chapter 8 for a detailed discussion and STAGE (MICROGRAPHICS) A device used on a micro-
instructions for plotting spiral curves. film reader for moving microfiche from image to
image.
SPITE STRIP A strip of land, usually in a subdivision,
reserved by the subdivider at the end of the street STANDARD CORNER On correction lines there are
or alley to prevent an abutting owner (outside of offsets in the range lines and two sets of standard
the subdivision) from using the sheet. If reserved comers, for the lines to the north, and closing cor-
by private persons, these small strips of land must ners for the lines to the south.
be mapped, taxlotted, appraised, assessed and STANDARD LINES Base lines, standard parallels and
taxed. If they are dedicated as future streets and guide meridians.
alleys, and not reserved by the donor, the fee in
the strips of land vests in the owners of abutting STANDARD METROPOLITAN STATISTICAL AREA
land (within the subdivision) in accordance with (SMSA) Integrated economic and social unit with
the principles of law governing any dedicated a population nucleus of at least 50,000. An SMSA
way. Until used by the public for travel from place always includes a city (or cities) of specified popu-
to place, they constitute assessable real property. lation which constitutes the central city and the
The addition of wording to the effect the strips are county (or counties) in which it is located.
dedicated to the county or to the city for future STANDARD PARALLELS Correction lines. They are ex-
public ways are insufficient to overcome the abut- tended east and west from the principle meridian
ting owners fee in the ways. at intervals of 24 miles north and south of the base
line, in the manner prescribed for the survey of
SPLASH DAM A dam constructed and used in the
the base line. Some standard parallels were placed
floating and driving of logs and other lumber
at 30 and 36 miles (once permissible). In such cases
products whereby water behind the dam is re-
intermediate correction lines are established to
leased for the purpose of causing or aiding the
initiate new or close the extension of older sur-
floating of logs or other lumber products on a navi-
veys. These intermediate lines have local names,
gable or nonnavigable river in the waters thereof
e.g. Fifth Auxiliary Parallel North of Cedar
below the location of the dam; however, splash
Creek Correction Line.
dam does not mean any device used on the wa-
ters of this state for the assembly or storage of logs STANDARD TAX LOT NUMBER The parcel identifier of
or other lumber products, or for any purpose inci- the Oregon cadastral map system. See Chapter 3.
Glossary-87
STARE DECISIS To abide by, to adhere to; a policy of STATE PLANE SYSTEM Commonly used in reference
the courts to stand by precedent and not disturb to the Oregon Coordinate System. See Chapter 7.
settled point; forming pre-cedsnt not to be de-
STATE RECREATION AREA A land or water area or
parted from.
combination thereof, under jurisdiction of the
STATE AGENCY Each state branch, institution, depart- Department of Transportation, pursuant to sub-
ment, board, commission or activity of whatever section 3 of ORS 366.205, used by the public for
nature. recreational purposes.
STATE AGENCY Each state branch, institution, STATE STANDARD CADASTRAL MAP SYSTEM The ca-
department, board, commission or activity of dastral map system prescribed by the Department
whatever nature. For organisational purposes, the of Revenue and thirty-two counties; as defined
Executive Department has grouped state agencies and described in this manual.
by program similarity into eight major areas: (1) STATE STANDARDS Cadastral map standards de-
economic development and consumer service, scribed in this manual.
(2) education, (3) human resources, (4) natural
resourcee, (5) public safety, (6) transportation, (7) STATIONING The engineering surveying system for
administrative and support services, and (8) other marking 100 intervals along a traverse (a station)
programs. See the Oregon Blue Book published by and intermediate points (plus stations); begin-
the Secretary of State. ning at station 0+00, the station at the first. One
hundred feet is 1+00; at two hundred feet 2+00;
STATE HIGHWAYS ORS 366.005. Any road or high- at, three hundred and sixty feet from the point of
way designated as such by law or by the Oregon beginning 3+60, etc. See Chapter 8.
Transportation Commission pursuant to law and
STATIONING The engineering survey system for
includes both primary and secondary state
marking 100-foot intervals along a traverse, and at
highways. In this state there are two systems of
intermediate points on the traverse, beginning at 0
highways those designated as state highways, and
+ 00 (the beginning of the traverse, but not always
those designated as county roads. Huggett et ux v.
the beginning point of a route). The points at 100-
Moran et ur., 201 Or. 105, 266 P.2d 692. State high-
foot intervals are called stations. For example, at
ways were first so designated by the Legislative
the 300-foot mark, the station is 3+00, and at the
Assembly by Chapter 237, Oregon Laws, 1917.
1,500-foot mark, the station is 16+00. Points on
In Postal Telegraph Co. v. State Highway Commiuion, the traverse that are at intermediate intervals are
276 F. 958, 961, it was stated: called plus stations. For example, at 1,931 feet,
the plus station is 19+31. At 2,006.19 feet, the plus
Prior to the authorization of this class of high- station is 20+05.19.
ways, there were no such roads in the state. What-
ever roads existed were known as county roads, STATUTE (1981) Civil law, law enacted by the legis-
except that, earlier in the history of the country lative branch of government. In Oregon, these
there were certain highways known as toll roads, laws are called the Oregon Revised Statutes, ab-
and certain others known as territorial roads. By breviated ORS. Statutes do not repeal common
statute, however, all territorial roads were de- law, but merely inactivate it as long as the statute
clared to be county roads (sec 38, title 1, ch. 47, is in effect. Although common law can be altered
General Laws of Oregon; 1845-1864). by the legislation, any alteration is subject to the
strictest legal interpretation because: Where a com-
STATE LAND BOARD A board created by statute, mon law exist, it very likely has the consequence of a
that consists of the Governor, Secretary of State property right protected by Amendments V and XIV
and the State Treasurer. The board carries out the to the United States Constitution,and Article L Section
duties prescribed by Section 5, Article, VIII of the 18, and Article XI, Section 4 si the Oregon Constitu-
Oregon Constitution, and any other such duties tion. Since those who framed the constitution con-
imposed upon it by law. The Governor acts as the templated them as formula the fundamental and
chairman of the State Land Board. paramount law of the nation (and of the State of
STATE LANDS, DIVISION OF A division created by Oregon), it stands to reason that an act of the legis-
lation, repugnant to any constitutional provision,
statute that consists of the Director of the Division
is not law. The legislature as well as the courts are
of State Lands and all officers and employees of
bound to and by the constitutions. See: Marbury v.
the division acting under the State Land Board.
Madison, 1 Cranch 137. This wisdom provided in
STATE PLANE COORDINATE SYSTEM See Oregon Roberts v. Mills, 290 Or. 441, must be applied when
Coordinate System. See Chapter 7. interpreting a statute: This court is committed to
Glossary-88
the proposition that statuetes are to be eonstrutted STATUTORY PERIOD The period, defined by statute,
so am to satisfy the constitution unless no other which actions may he brought upon certain claims
construction is possible, cit: State v. Smyth, 286 Or. or within which certain rights may be enforce &
293, 296. See Statutes of limitation, Prescriptive period
and the following:
STATUTE OF ANNE The priority established by re-
cording first is a modification to the common law STATUTORY PERIOD; PRESCRIPTION The period set
rule that an estate, which a grantor conveys, can- by a statute as a limitation beyond which actions
not be affected by a subsequent conveyance. That for the recovery of real property cannot be main-
modification is known as the Statute of Anne. tained to defeat a claim of an easement by prescrip-
tion. ORS 12.050 provides that such action shall he
STATUTES OF LIMITATION A pure statute of limitation commenced within 10 years. See Bayard v. Standard
merely limits the time which a right, otherwise Oil, 38 Or. 438, 63 P. 614. However, the fact that a
unlimited, may be exer-cisece. It is any law which party has used a strip of land for 10 years is not, in
fixes the time which parties may take judicial ac- itself, evidence that a prescriptive right has been
tion to enforce rights, or else be thereafter barred acquired. Such a judgment is for a jury, taking oth-
from enforcing the, Statutes of limitation are no er factors into consideration. See Prescription.
doubt passed to promote the generd welfare. The
STEP AND REPEAT CAMERA (Micrographics). A mi-
mischief which they are intended to remedy is the
crofilm camera that exposes a series of separate
general inconvenience resulting from delays in
images on film according to a planned format,
the assertion of a legal right which is practicabls
usually in rows and columns.
to assert.* Evans v, Finley, 166 Or. 238, ciL 17 R.CJ.,
Limitations of Actions. STEP TABLET (Micrographics) A length of film that
has graduations of density that may or may not be
STATUTORY Relating to statutes (either the Oregon calibrated.
Revised Statutes or the United States Revised
Statutes). STEREO IMAGE ALTERNATOR A stereo plotter-view-
ing device equipped with rapidly rotating shutters
STATUTORY CONSTRUCTION Rules, prescribed by synchronized so that the right and left eye can
statute, for construing public and private writings. only see images from the corresponding right and
See: Rule of construction, Rules of construction left projector.
(statutory) and Rules of interpretation.
STEREOCOMPARAGRAPH A special photogramme-
STATUTORY DEDICATION A statutory dedication is tric stereoscope used for measuring parallax. It is
one that complies fully with the provisions of the equipped with a tracing arm for transferring data.
Oregon Revised Statutes enacting that certain for- The data transferred, however, is not accurate
malities, when observed, operate as a dedication enough for cadastral cartography.
of lands to the public. In Menstell v. Johnson, 125 Or.
STEREOCOMPILATION Production of a map or chart
161, 162, the court said: A valid statutory dedica-
manuscript from aerial photographs and geodetic
tion cannot be created unless every provision of
control data by means of photogrammetric instru-
the laws are adhered to. A statutory dedication is
ments.
one of two legally recognized forms of dedication;
the other is a common-law dedication which has STEREO IMAGE ALTERNATOR A stereo plotter-view-
the same legal effect as a statutory dedication. A ing device equipped with rapidly rotating shutters
statutory dedication operates by way of grant (of synchronized so that the right and left eye can
an easement to the public), a common-law dedica- only see images from the corresponding right and
tion by way of an estoppel in pats. The statutory left projector.
dedication concludes the owner upon compliance STEREOMODEL (or Stereoscopic Model) Mental
with the provisions of the statutes under which it impression of a three-dimensional model which
wes made. The common-law dedication conclude results from two overlapping photogrammetric
the owner upon the grounds that he or she has instruments.
suffered the public and individuals to acquire
rights upon the faith that he or she has devoted STEREOPLOTTER Instrument for plotting a map or
the land to the use of the public as a road or street. obtaining spatial solutions by observation or ste-
A dedication that fails as a statutory dedication reo models formed by pairs of photographs.
can become a common law dedication where the STEREOSCOPE A photogrammetric and cartographic
donor sells a lot, with reference to a plat showing instrument used to obtain a three-dimensional
the streets and alleys ss ways of public travel. view of aerial photographs. Viewing a two-di-
Glossary-89
mensional object in three-dimension requires SUBDIVIDE LAND (Oregon Subdivision Law). ORS
that the condition for natural depth perception be 92.010, Subdivide land means to divide land into
artificially reconstructed, and necessitates the fol- four or more lots with-in a calendar year.
lowing (a) two slightly different views of the same
SUBDIVIDE LANDS (Approval of Plan; Plats) (1981)
object, or scene, from different angles; (b) that a
ORS 92.010(12). To divide an area or tract of land
person have normal binocular vision.
into four or more lots within a calendar year when
STEREOSCOPE PLOTTER A stereoscope with plotting such area or tract of land exists as a unit or con-
attachments that is used to compile planimetric tiguous units of land under a single ownership at
and topographic maps. Most plotters consist of the beginning of such year. See ORS 92.305(9) for
component systems for projection, viewing, mea- the definition of Subdivided Lands and Subdi-
suring and tracing. vision as used in the Oregon Subdivision Control
STEREOSCOPIC VISION Binocular vision that enables Law.
the observer to obtain the impression of depth by SUBDIVIDED LANDS AND SUBDIVISION (OREGON
means of two different perspectives of an object SUBDIVISION AND SERIES PARTITION CONTROL
(as two photographs taken from different camera LAW) ORS 92.305. Means improved or unimproved
stations). land or lands divided, or created into interests, or
STICK-UP (OR PASTE-UP) Adhesive or wax-backed sold under an agreement to be subsequently di-
film or paper on which map names, symbols, vided or created into interests, for the purpose of
and descriptive terms, have been printed for ap- sale or lease, whether immediate or future, into 11
plication to a transparent base in map and chart or more undivided interests or four or more other
production. interests. Subdivided lands and subdivision
include but are not limited to a subdivision of land
STILL WATER LEVEL The level that the sea surface
located within this state subject to an ordinance
would assume in the absence of wind waves; not
adopted under ORS 92.044 and do not include
to be confused with mean sea level or half tide
series partitioned lands. Subdivided lands and
level.
subdivision do not mean property submitted to
STRAIGHT ANGLE A straight line or 180 angle. ORS 94.004 to 94.460 or property located outside
this state which has been committed to the con-
STRAIGHT EDGE A drafting tool made of wood,
dominium form of ownership in accordance with
metal, plastic, aluminum, etc. which can be used
as a guide for constructing straight lines. Engineer the laws of the jurisdiction in which the property
and chain scales should never be used as a straight is located.
edge. Straight edges for map work should never be SUBDIVIDER Any person who causes land to be sub-
used as a cutting guide. divided into a subdivision for himself or for oth-
STRAIGHT LINE The shortest distance between two ers, or who undertakes to develop a subdivision,
points. but does not include a public agency or officer
authorized by law to make subdivisions. See ORS
STREET A public or private way that is created to pro- 92.305(10) of the Oregon Subdivision Control Law.
vide ingress or egress for persons to one or more
lots, parcels, areas or tracts of land, excluding a SUBDIVISION (Approval of Plan; Plats) ORS
private way that is created to provide ingress and 92.010(13). Either an act of subdividing land or
egress to such land in conjunction with the use an area or a tract of land subdivided as defined in
of such land for forestry, mining or agricultural ORS 92.010(12).
purposes (as used in Chapter 92 of the ORS). In SUBDIVISION LAW (OREGON) The laws as defined
common use, the word street denotes a public in Chapter 92 of the Oregon Revised Statutes. The
way and not a private way. laws were created to control the development of
STRIP MAPS Maps used to show route survey; specifi- subdivisions; and to protect the public from fraud,
cally, highway traverse and right-of-way maps. deceit and misrepresentation in the promotion,
sales and leases of subdivision property.
STUB TRAVERSE A spur that branches off the main
traverse. SUBDIVISION OF SECTIONS 14 sections, 14 14 sections
and the government lots of sections.
SUBCHORD On a curve, the subchord is the straight
line between any two stations on the arc of the SUBDIVISION OF TOWNSHIPS The sections and sub-
curve. divisions of sections.
Glossary-90
SUBDIVISION PLAT The plat of subdivision as re- aided by extrinsic evidence, what property was
quired by Chapter 92, of the Oregon Revised intended to he conveyed. OHara v. Brace, 258 Or.
Statutes. 416, 482 P.2d 726, cit. Sequin et al v. Maloney-Cham-
bers, 198 Or. 272, 281, 253 P.2d 252.
SUBDIVISION SURVEY (Subdivisions of ORS Chapter
92) The survey of subdivisions made in accordance SUIT TO QUIET TITLE AND REMOVE CLOUD See qui-
with ORS 92.050, 92.060, 92.065 and 92.070. eting title and cloud on title. See also: ORS
105.605 suits to determine adverse possession;
SUBDIVISION SURVEY (System of Rectangular Sur-
ORS 105.610r suits to cancel patent of donee un-
veys of the U.S. Public Lands) The survey of
der Donation Law; ORS 105.615 action by tenant
townships into sections; sections into 14 sections,
in common against cotenants to establish adverse
14 14 sections, government lots; as per the methods
possession.
described for the survey of the Public Lands of the
U.S. SUITS TO CANCEL PATENT OF DONEE UNDER DO-
NATION LAW Whenever any person claims real
SUBJECT TO A term used in deeds in reference to
property as a donee of the United States by virtue
existing rights in property; liable, subordinate and
of a settlement thereon under the Act of Congress
subservient.
approved September 27, 1850, commonly called
SUBMERGED LANDS In rivers, streams and lakes, the Donation Law, or the Acts amendstory thereto,
the lands lying below the line of ordinary low and the patent for such property, or any portion
water (navigable or nonnavigable). In reference to thereof, was wrongfully issued to another, the
the states ownership the term does not apply to person may maintain a suit in equity against the
nonnavigable stream. See Chapter 10 for laws and person to whom the patent was issued, or those
discussion. claims under the person, for the purpose of hav-
ing the patent cancelled, and the state or interest
SUBMERGED LANDS, TIDAL See tidal submerged
of the plaintiff in the property ascertained and
lands. See chart in the appendix and Chapter 10.
established.
SUBMERSIBLE LANDS Lands lying between the line
SUMMIT The highest point. The summit of the Cas-
of ordinary high water and the line of ordinary
cade Range is described in ORS 321.805(3).
low water of all navigable waters and all islands,
shore lands or other such lands held by or granted SURF ZONE Area between the outermost breaker and
to this state by virtue of her sovereignty, wherever the limit of wave uprush.
applicable, within the boundaries of this state as
SURVEY, CADASTRAL Commonly applied to the
heretofore or hereafter established, whether such
establishment of the land boundaries and subdi-
waters are tidal or nontidal.
visions by the running and marking of the lines
SUBORDINATE TIDE STATION (1) Tide station from that are required by the general plan for the
which a relatively short series of observations is U.S. Public Lands Survey. It includes the field note
reduced by comparison with simultaneous obser- record of observations, measurements, and monu-
vations from a tide station with a relatively long ments descriptive of work performed, and the of-
series of observations, (2) a station listed in the tide ficial plat that represents the survey.
tables for which predictions are to be obtained by
SURVEY CADASTRE See cadastre, survey.
means, of differences and ratios applied to the full
predictions at a reference station. SURVEY PLATS Existing survey or cadastral sur-
vey plats showing observations, measurements
SUBSIDENCE OF LAND The decrease in the elevation
and monuments documenting the field work
of land without removal of surface material due to
performed by surveys. In the B.L.M. Automated
tectonic, seismic, or artificial forces.
Lands and Minerals Records System (ALMRS),
SUFFICIENCY OF DEED DESCRIPTION Where licensed the term includes field notes of observations and
surveyor and engineer testified that he could locate measurements.
the land in question by descriptions in deeds, the
SURVEYING The science of measuring and locating
descriptions were sufficient to convey such land.
lines, angles and elevations on the surface of the
Gubser v. Town and Stoutenburg, 202 Or. 55, 273 P.2d
earth, within underground workings, in the beds
430. It is the established rule that the courts will
of bodies of water, and in outer space.
he liberal in construing descriptions of premises
conveyed by deed and that a description of land SURVEYOR One that is registered in this state as an
is sufficently definite and certain if it is possible Oregon Registered Professional Land Surveyor.
for a surveyor to ascertain from the description, See 672.002. See Chapter 6.
Glossary-91
SURVEYORS COMPASS A compass used to run land- stitutions. However, a taking for a public use by a
lines that must be retraced. The instrument has a private condemner (a private corporation that has
metal base that is fitted with two vertical sighting the power to exercise the right of eminent domain)
vanes placed at each end, and a compass in the is lawful. ORS Chapter 35.
center.
A taking by condemnation proceedings includes
SURVEYORS LEVEL A level consisting of a telescope every interference, under right of eminent domain,
and a spirit level mounted on A tripod and revolv- with the ownership, posession, enjoyment of value
ing on a vertical axis. of real property.
SURVEYORS MEASURE Commonly used in reference TAKING Seize, capture, lay hold of, secure. It is not
to the chain and rod units of measure. Survey- limited to being obtained by force. That which is
ors measure today would be either the English taken or received. A taking of property for public
or Metric units of measure. use means a taking altogether, an entire change
of ownership. Taking by condemnation proceed-
SUSPENSION APERTURE CARD (Mirographics) A card
ings includes every interference, under right of
that suspends the microfilm frame in the aperture
eminent domain, with the ownership, possession,
between two sheets of transparent film that com-
enjoyment of value of real property.
pletely cover the aperture.
TANGENT The trigonometric function that for an
SWAMP LANDS ORS 273.251(5) Lands claimed by the
acute angle in a right triangle is the ratio of the
State under the act of September 28, 1850 (9 Stat.
side opposite to the side adjacent.
519), and extended to the State of Oregon by the
Act of March 12, 1860 (12 Stat. 3): TANGENT CURVES Curves that have a common tan-
gent where the curves abut. Compound simple
SYSTEMATIC ERROR An error that, as long as condi-
curves are tangent curves. See Chapter 8.
tions are unchanged, will always have the same
magnitude and the same algebraic sign. TANGENT, LINE A straight line that is the limiting
position of a curve through a fixed point and a
SYSTEM OF RECTANGULAR SURVEYS The system of
variable point on the curve as the variable point
surveying the U.S. Public Lands into rectangular
approaches the fixed point.
townships, ranges, sections and subdivisions of
section. Also referred to as: the U.S. Public Land TANGENT PLANE The plane through a point of a
Survey, survey of the U.S. Public Land the surface that contains the tangent lines to all the
general plan or rectangular survey system. curves on the surface through the same point.
TACHYMETRY Surveying methods such as stadia TANGIBLE That which may be seen, weighted, mea-
for quickly determining the distances, bearings sured, and estimated by the physical senses and
and elevations of distant objects. which is capable of being possessed.
TACIT Implied or indicated, but not actually ex- TAPE, SURVEYORS Surveying equipment used for
pressed. linear measurement.
TAIL Limited, reduced, curtailed. TARGET An object to which a surveying instrument
is pointed, e.g. a plumb bob, plumb bob chord,
TAIL, ESTATE IN An estate limited to a person and the
range pole, nail in a stake, or any other object
heirs of his body.
which provides a sharply defined, stationary line
TAILINGS Discarded products of mining and ore or point. See stadia target, in figure 635.
treatment, milling or processing.
TAX CODE AREA A specific area of land within which
TAKE AN ESTATE To lay hold of, seize, deprive one of there is a unique combination of taxing districts
possession, or to assume ownership of an estate. yielding a given composite tax rate code lines
code area numbers designates tax code areas on
TAKING Seize, capture, lay hold of, secure. It is not
cadastral maps.
limited to being obtained by force. That which is
taken or received. A taking of property for public TAXING BODY ORS 457.410(4). The state, city, county,
use means a taking altogether, an entire change or any other taxing unit which has the power to
of ownership. However, the purpose for which levy a tax.
property is taken must be authorized by law, and,
TAXING DISTRICT A taxing body.
of course, any owner of land taken for a public use
must be compensated. A taking of private prop- TAXING DISTRICT, AD VALOREM A district that may
erty for private use is not provided for by the con- (by law) levy a special assessment on an ad va-
Glossary-92
lorem basis, for the purpose of providing funds to must be borne in mind that the law of taxation
pay for local public improvements which are not places upon property owners the duty to keep
political or government in nature, and which have themselves informed about the recurrent liability
been determined by the Legislature to be of spe- of their property for taxes, and charges them with
cial benefit to the people and property within that knowledge that neglect to pay a tax will result in
district. See ORS 308.225 for filing requirement. foreclosure proceedings. Knapp v. Josephine Co.,
TAXING DISTRICT MAP A map that defines all or part 192 Or. 327, 353, 235 P.2d 564.
of the boundary lines of one or more taxing dis- TENANCIES CLASSIFIED BY STATUTE Tenancies are
tricts. as follows: Tenancy at sufferance, tenancy at will,
TAX LOT One parcel of real property, on a cadastral tenancy for years, tenancy from year to year, ten-
map, that contains one tax lot number. ancy from month to month, tenancy by entirety,
and tenancy for life. The times and conditions of
TAXLOT (one word; verb) To assign a tax lot number the holdings shall determine the nature and char-
to a parcel of land. acter of the tenancy. ORS 91.020.
TAX LOT NUMBER The parcel identifier of the State TENANCY Implies a right of possession in tenant ex-
Standard Cadastral Map System. See Chapter 3. clusive of the landlord, an interest in land passed
TAX LOTTING The act of assigning tax lot numbers to to the tenant and a possession exclusive of the
parcels of land on a cadastral map. landlord except as a lease permits his entry and
saving the landlords right to enter to demand rent
TAXPAYER An individual, a partnership, corporation or make repairs.
or association, chargeable with a tax, and does not
include one who is exempt from taxation, or who TENANCY AT SUFFERANCE (or by sufferances) A
actually pays no taxes. Note: the taxpayer of a par- tenancy whereas the one who came into posses-
cel of land is not always the owner of the land. sion rightfully, continues in possession wrong-
fully after the right thereto is terminated.
TAX STATEMENT REQUIRED IN CONVEYANING IN-
STRUMENT ORS 93.260 TENANCY AT WILL An estate in realty that comes
within the term lease, and that is based on the ex-
(1) All instruments prepared for the purpose of
press or implied consent of the landlord. The hold-
conveying or contracting to convey fee title to any
ing of possession of realty by consent of owner for
real estate shall contain on the face of such instru-
an indefinite period of time.
ments a statement in substantially the following
form: TENANCY BY ENTIRETY An estate held by husband
and wife by virtue of title acquired jointly after
Until a change is requested, all tax statements
shall be sent to the following address: marriage. To create a tenancy by entirety, there
must be unity of estate, unity of possession, unity
(2) Failure to contain the statement required of control and unity in conveying or incumber-
by this section does not invalidate the conveying entirety property. It is a tenancy in common
ance and if an instnnnent is recorded without the between husband and wife for their joint life with
statement required by this section, the recording is the remainder to the survivor in fee. A joint ten-
valid. ancy modified by the common law theory of unity
(3) This section applies to all instruments ex- of husband and wife.
ecuted after January 1, 1974. TENANCY BY ENTIRETY OR FOR LIFE ORS 91.030 A
See Warning required in instruments of convey- tenancy by entirety and a tenancy for life shall be
ance. such as now fixed and defined by the laws of the
State of Oregon. Generally, a tenancy by entirety
TAX TITLE The title by which one holds lands pur- is an estate held by husband and wife by virtue
chased at a tax sale. If valid, it is a breaking of all of title acquired jointly by marriage. To create a
other title and extinguishes all prior claims against tenancy by entirety, there must be unity of estate,
the land that are not expressly excepted. unity of possession, unity of conm)l and unity
TAXES, PROPERTY; TAXPAYERS REAPONSIBILITY in conveying or encumbering entirety property.
Grant Co. v. Guyer, 296 Or. 14. Taxes, as been many A tenancy by entirety is tensncy in common be-
times stated, are a very practical matter. They are tween husband and wife for their joint life with
the lifeblood of the state, and the property owners the remainder to the survivor in fee; a joint ten-
most ultimate liaison--although often a waspish ancy modified by the common law theory of unity
one--with the state. In construing tax statutes, it of husband and wife.
Glossary-93
TENANCY FROM MONTH TO MONTH ORS 91.070. One TERRESTRIAL PHOTOGRAPHS Photographs exposed
who holds the lands or tenements of another, un- on the ground.
der the demise of the other, and no certain tune
TERRESTRIAL PHOTOGRAPHS Photographs taken
has been mentioned, but a monthly rental has
from the ground.
been reserved, is considered a tenant from month
to month. TERRITORIAL Reference to the Oregon Territory prior
to statehood. The territory was organized in 1848.
TENANCY FROM YEAR TO YEAR ORS 91.060. One
who enters into the possession of real estate with TERRITORIAL GOVERNMENT, OREGON Provisional
the consent of the owner, and no certain time is government of the Oregon Territory.
mentioned, but an annual rent is reserved, is con-
sidered a tenant from year to year. TERRITORIAL LAND LAWS Prior to the Territorial Act
of 1848, a settler held only the mere possession of
TENANCY IN COMMON A joint estate in which there land. The first settler on a tract of land could not
is unity of possession, but separate and distinct charge the land, in the hands of successors in in-
titles. It is a relationship between persons and not terest, with any easement or encumbrance. Oregon
an estate. City v. Oregon & California Railroad Co., 44 Or. 165.
TENANCY IN COMMON A joint estate in which there Consequently, a setler could not burden the land
is unity of possession, but separate and distinct with a dedication of land for any public use.
titles. It is a relationship between persons and not In 1848, when Congress organized the Oregon
an estate. ORS 93.180. Every conveyance or devise Territory, it declared that the laws of the United
of lands, or interest therein, made to two or more States should be in force in the territory So far
persons, other than to husband and wife, as such, as the same, or any provision thereof, may be ap-
or to executors, or, as such, creates a tenancy in plicable. Apparently, many were not applicable.
common unless it is in some manner clearly and Laws existing in 1848 were discussed in Carter v.
expressly declared in the conveyance or devise City o[ Portland, 4 Or. 338. For example, the Pre-
that the grantees or devisees take the lands with emption Act of May 26, 1824, was an act granting
right of survivorship. Such a declaration of a right
to the counties or parishes of each state or territory
of survivorship shall create a tenancy in common
of the United States, in which the public lands are
in the life estate with cross-contingent reminders
situated, the right of preemption to a quarter-sec-
in the fee simple. Joint tenancy is abolished and
tion of land for seats of justice in the same. The
the use in a conveyance or devise of the words
Oregon Supreme Court consistently held that this
joint tenants or similar words without any other
act was not in effect in Oregon.
indication of an intent to create a right of survivor-
ship shall create a tenancy in common. In 1844, Congress enacted the Townsite Act. This
was a special and temporary act, intended for a
TENANCY, WHEN DEEMED TO EXIST ORS 91.010. A
town already built up, whereby an occupants
tenancy is deemed to exist under this chapter and
right of selection as to the pertiodar land he
ORS 105.115 and 105.120 when one has let real es-
tate to another to hold of him as a landlord. would occupy was mlbordlnAte to the law of
the community who constitute the occupants of
TENANT A purchaser of an estate entitled to exclusive the town. And that such portions of the town as
possession; or one renting land and paying for it the community may designate as streets or public
either in money, services, or part of crop or equiva- grounds, for that reason becomes so, and are not
lent. One who occupies anothers land or premises liable to individual occupation. It was held by the
in subordination to such others title and with his Supreme Court that this act did not extend to the
assent, express or implied. territory. Carter v. City of Portland, supra. In fact, the
TENANT A VOLUNTE (French) A tenant at will. court, in Carter v. City of Portland, supra, Lownzdale
v. Parrish, 1 Or.; and Lownsdale v. The City of Port-
TENANT IN FEE SIMPLE One that has lands, tene- land, 1 Or., discussed the question of which laws
ments, or hereditaments, to hold to him and his wsre extended to the Territory of Oregon by the
heirs, forever.. congressional act of 1848, and all decisions were
TENANT IN TAIL One presently entitled to the posses- in harmony. The court held that Congress passed
sion of an estate. no law in anywise affecting title to the lands in
Oregon Territory till 27th September, 1850, the
TENEMENT Property held by a tenant.
Donation Law (often referred to as the Dona-
TERMINUS The boundary. A limit of space. tion Land Claim Law). See: Donation law.
Glossary-94
Note: The 1844 Townsite Act was extended to the time of mean high water). In cadastral cartog-
the territory by a special Act of Congress July 17, raphy the second definition must be used when
1854. the deed description does not contain wording
TERRITORIAL Reference to the Oregon Territory prior that shows a contrary intent. See Chapter 10 for
to statehood. discussion and legal references.
TERRITORIAL ROADS Roads in existence prior to THREE ARM PROTRACTOR A device, for measuring
statehood. ORS 368.420 provides that all territo- angles, that has a center around which two arms
rial roads in this state are declared county roads. rotate.
TERRITORIAL SEA The zone off the coast of a nation THROUGH LOT A lot that abuts a street at each end.
immediately seaward from a base line. Complete THROUGHWAY A highway or street especially de-
sovereignty is maintained over this zone by the signed for through traffic, over, from, or to which
coastal nation, subject to the right of innocent pas- owners or occupants of abutting land, or other
sage to ships of all nations. persons, have no easement of access or only a
TESTATE A deceased person who died leaving a will. limited easement of access, light, air or view by
Intestate is used in reference to one who dies reason of the fact that their property abuts upon
leaving no will. the throughway or for any other reason. (ORS
374.010.)
TESTATE SUCCESSION A succession to an estate
which depends, at least in part, on the provisions THROUGHWAY, COUNTY As applied to ORS 374.420
of a will. to 374.430, A proposed or existing county road
especially designed for through traffic, which has
TESTATOR A person who leaves a will or testament in
force at his death. been designated by resolution of the county court
or board of county commissioners as a through-
TESTATRIX A woman who makes a will or testament; way, over, from or to which owners or occupants
who dies leaving a will or testament. of abutting land or other persons have no ease-
TEST OF NAVIGABIILITY See navigability, test of. ment of access or only limited easement of access,
light, air or view, merely because of the fact that
THEMATIC CARTOGRAPHY The making of geographi- their property abuts upon the throughway or for
cal maps that show such concepts as the distribu- any other reason. ORS 374.420.
tion of densities, gradients, spacial relationships,
magnitudes, and other relationships and aspects THROUGHWAY, STATE ORS 374.010 deftnas a
that show the distributional characteristics of the throughway as used in ORS 374.005 to 374.095 to
earths phenomena. mean: A highway or street especially designed for
through traffic, over, from or to which ownem or
THENCE As used in a deed description of a parcel of
occupants of abutting land or other persons have
land, means from that place.
no easement of access or only limited easement of
THENCE DOWN THE RIVER Running with the mean- access, light, air or view, by reason of the fact that
ders (not the meander lines) of the river, unless .their property abuts upon the throughway or for
there is positive evidence that the meander line as any other mason.
written was where the surveyor, in fact, ran it.
TIDAL Relating to the tides. The periodic rising or
THEODOLITE A precision surveyors instrument for failing, or flowing and ebbing waters.
measuring horizontal and vertical angles. There
are two general classes of theodolites: (1) repeating TIDAL BASIN Basin affected by tides particularly one
theodolites, and (2) direction theodolites that read in which water can be kept at a desired level by
directions rather than angles. See Chapter 6. means of a gate.
THINGS REAL Lands, tenements and hereditaments. TIDAL LANDS Includes the tidal submerged lands
and the tidelands of an estuary. All estuary
THREAD OF A STREAM An indefinite term that means lands covered by or alternately uncovered and
(1) the middle line between the shores, irrespective covered by the ebb and flow of the tides.
of depth of the channel, taking them in the natural
and ordinary stage of the water at medium heights, TIDAL SUBMERGED LANDS Land below the line of
neither swollen by freshets or shrunk by droughts; ordinary low water of all navigable waters within
or (2) CENTER OF THE MAIN CHANNEL; THE the boundaries of this state as established by
MIDDLE LINE BETWEEN THE SHORES OF THE statute. Called submerged lands by statute (ORS
MAIN CHANNEL AT ITS LOWEST FLOW (not at 274.005(7)).
Glossary-95
TIDE The regular and predictable perpendicular TIE The bearings and dimensions, or other evidence
daily rise and fall of the waters as a, result of as- or information, that accurately defines the location
tronomical forces. of a point or monument.
TIDE CURVE A graphic representation of the rise and TIE POINTS Reference points or monuments used to
fall of the tide in which time is represented by the locate other points, monuments or stations.
abscissas and the height of the tide by the ordi- TIER The east-west row of townships.
nates of the curve. For a normal tide, the graphic
TIMESHARING An interest in property whereby a
representation approximates a cosine curve.
number of persons own or have the exclusive right
TIDE, DIURNAL Having a period of cycle of approxi- to use property for a specified time period, 20
mately one tidal day. W.L.R. No. 2 pp. 283, 302.
TIDE GAUGE Instrument for measuring rise and fall TIMESHARING OWNERSHIP Owning an undivided
of the tide. fee simple percentage in one timesharing unit,
with all purchasers taking as tenants in common,
TIDEBEAD Inland limit of water affected by a tide. 20 W.L.R. No. 2 pp. 283, 302.
TIDELANDS The coastal waters situated above ordi- TITLE The union of all elements constituting legal
nary low water and below ordinary high water ownership in something, or legal ownership in
(or above ordinary low tide and below ordinary some right or interest in something. The instru-
high tide), particularly as they are alternately un- ment (as a deed) that is evidence of a right (Web-
covered and covered by the ebb and flow of the sters New Collegiate Dictionary). See Title in land.
daily tides. Tidelands are only part of the tidal TITLE TO PROPERTY The evidence of a persons right
lands. See Chapter 10 for legal references and to land and real estate, or to the extent, of that
discussion. persons interest in land or real estate. The means
TIDELAND SALES ACT An act of 1872, which provided whereby the owner is enabled to assert or main-
that a public easement to a common fishery fol- tain his possession. The right of the owner con-
sidered with reference to the manner his right or
lows the title of all tidelands sold by the State of
interest has been acquired, or its capacity of being
Oregon.
effectual transferred. An estate in fee.
TIDEMARK High-water mark left by tidal water, TITLE BY ADVERSE POSSESSION A title to property
the highest point reached by a high tide; a mark obtained by one in adverse possession of property.
placed to indicate the highest point reached by a See adverse possession.
high tide, or occasionally, by any specified stage
of tide. TITLE BY DESCENT A title by which one person upon
the death of another acquires real estate of the lat-
TIDE STAFF Tide gauge consisting of a vertical gradu- ter as his heir at law.
ated staff from which the height of the tide can be
TITLE BY PRESCRIPTION The right, which a possessor
read directly.
acquires to property by reason of the continuance
TIDE STATION Geographic location at which tidal ob- of his possession for the statutory period. It cannot
servations are conducted. Also, the facilities used be based on permissive possession. The elements
to make tidal observations. These may include a of title by prescription are open, visible and
tide house, tide gauge, tide staff and tidal bench- continuous use under a claim of right, adverse to
marks. and with knowledge of the owner of the land. See
prescription.
TIDE TABLES Tables which give daily predictions
TITLE BY PURCHASE Title by means except descent,
of the times and heights of high and low waters.
by adverse possession and by prescription.
These predictions are usually supplemented by
tidal differences and constants through which ad- TITLE DEED A deed, which constitutes evidence of
ditional predictions can be obtained for numerous title to, lands.
other places. TITLE FROM NATURE Title arising from either accre-
TIDE WATERS Waters, whether salt or fresh, wherever tion or reliction. Accretion is the increase of land
the ebb and flow of the tide is felt. caused by gradual and imperceptible additions
thereto caused by the washing of water. Relic-
TIDEWAY The land between the high and low water tion is the gradual subsidence of waters, leaving
marks. dry land where there had formerly been water.
Glossary-96
TITLE FROM PUBLIC POLICY Under certain circum- TITLE TO REAL ESTATE Synonymous with title to
stances, an individual may take titles or use land.
property contrary to the wishes of the owner of
TO HAVE AND TO HOLD The words, in a deed, is but a
the property, Le. Adverse possession and Pre-
habendurn clause, the purpose of which is merely
scription.
to define the estate which the grantee is to take in
TITLE IN FEE A full and absolute estate beyond which the property, conveyed.
and outside of which there is no other interest,
TOPOGRAPHIC FEATURES The natural and manmade
right, or shadow of right.
features of a place or region.
TITLE IN FEE A full and absolute estate beyond which,
TOPOGRAPHIC MAP A map or chart that shows the
and outside of which, there is no other interest,
horizontal and vertical positions of the physical
right, or shadow of right. The largest estate and
most prevalent title to land; title to the entire and cultural features of the earths surface.
property in land; having the complete ownership TOPOGRAPHIC SURVEYS Surveys made to determine
of land. Although there are fee estates less than fee the configuration of the surface of the earth in-
simple absolute (fee simple determinable and fee cluding its relief and the position of its natural and
simple conditional), the term title in fee, without manmade features. Topography.
any other qualification, is usually synonymous
with title in fee simple or title in fee simple ab- TORRENS LAW (Repealed in Oregon by enactment of
solute. See Fee simple absolute and Fee simple Oregon Law 1971, Chapter 478.) A system of title
conditional. registration, designed by Sir Robert Torrens (an
English Knight) in 1857, whereas any land owner
TITLE IN FEE SEVIPLE The title to the whole of the who was issued a Torrens certificate of title was
estate absolute. conclusively presumed to be the owner of the land
TITLE INSURANCE A contract to indemnity against described in the certificate. Under the present sys-
loss through defects in title or against liens or en- tem of recording a deed, the deed is registered.
cumbrances that may affect title at the time when But under the Torrens system the title was reg-
the policy is issued. istered. The purpose of the repeal in Oregon was
to discontinue the little used Torrens system and
TITLE OF RIPARIAN OWNERS (of lakes and ponds bring all real property title records under the deed
drained under ORS 274.210 to 274.260). See ORS recording system.
274.260(l).
TOWNSHIP A division of the U.S. Public Land Survey
TITLE POLICY A title insurance policy. containing (in theory) 36 sections.
TITLE SEARCH An examination of the official books TOWNSHIP EXTERIORS The boundaries of a town-
and documents for the purpose of discovering if ship. The township lines.
there are any mortgages, judgements, tax liens,
clouds, or other encumbrances upon a title. TOWNSITE (or Town Site) A portion of the public do-
main segregated by proper authority and proce-
TITLE TO LAND The means whereby an owner has just dure as a site for a town. In the typical townsite the
possession of his property. It is the evidence of his blocks were usually 300 feet square, and not over
right, extent of his interest, or means whereby he 320 feet by 340 feet, with a 20-foot alley running the
is able to assert, maintain, or continue his posses- long dimension of the block. The principal streets
sion. were usually 80 feet in width, though frequently
TITLE TO LAND The means whereby an owner has as much as 100 feet were needed or desirable, and
just possession of his property. It is the evidence the less important intersecting streets were seldom
of ones right, extent of ones interest, or means less than 60 feet wide. Alleys were normally to be
whereby the owner is able to assert, maintain or placed in the center of the block and parallel with
continue possession. The word title, when used the principal street system. The normal frontage of
in reference to land or real estate, implice an estats the lots was to be 50 foot, which were to run back
in fee. However, title in real property could be in rectangular form to the alley. See the B.L.M.
title in a lesser estate in the lands, such as an ease- Manual of Surveying Instructions.
ment. As was held in Shodgrass v. Coppie, 203 Mo.
TOWNSITE ACT OF MAY 23, 1844 (5 Stat. 657) A gen-
480, 101 S.W. 1091, Title does not necessarily mean
eral townsite law for lands occupied as a townsite.
a fee interest, but covers all the lesser estates in
Townsite entry had to be made before the lands
lands.
were put up for public sale and could not exceed
TITLE TO PROPERTY See definition in Chapter 13. 320 acres, taken by legal subdivision. The lands
Glossary-97
could be entered by appropriate authorities to be TRANSIT STATION A marked point over which a tran-
held in trust for the occupants. The Townsite Act sit is, has been, or will be accurately positioned.
was extended to the Territory of Oregon by the
TRANSVERSE MERCATOR PROJECTION (UTM) See dis-
July 17, 1854, Act of Congress.
cussion in Chapter 7.
TOWNSITE SURVEYS In the public land surveying
practice the name is applied to the marking of TRAPEZIUM A quadrilateral having no sides parallel.
lines and corners within one or more regular units TRAPEZOID A quadrilateral having two, and only
of the township subdivision by which the land is two, sides parallel.
divided into blocks, streets and alleys as a basis for
the disposal of title in parcels known as village or TRAVERSE A method of surveying in which a se-
town lots. quence of lengths and directions of lines between
points are measured.
TRACING The finished cadastral map, in ink and on
mylar. The tracing is the master copy of the cadas- TRAVERSE, CLOSED See closed traverse.
tral map. TRAVERSE, OPEN See open traverse.
TRACT An indefinite stretch of land. In a subdivision, TRAVERSING Running a traverse.
a defined area of land.
TREE, BEARING See bearing tree.
TRADITIONARY EVIDENCE Evidence derived from
tradition, reputation, or declarations made by TRIANGLE (DRAFTING) A three-sided tool for draw-
persons since deceased, in regards to ancient ing lines at various fixed angles. See Chapter 11.
property boundaries and monuments, where no
TRIANGLE A three-sided polygon. The sum of the
living witness can be produced having knowledge
angles of a triangle always equal 180 degrees;
of the facts.
TRIANGLE, ALTITUDE OF (GEOMETRY). See altitude
TRANSCRIBED FIELD NOTES The record of a survey
that is extended from the field tablets, usually TRIANGLE, BASE OF The side upon which the triangle
typewritten on regulation field notepaper. rests. The other sides are called the arms (or legs).
TRANSFER An act by which title to property is con- TRIANGULATION A system of joined or overlapping
veyed from one living person to another. The triangles in which the length of an occasional side,
words convey or, transfer, as operative word known as a base line, is measured and the other
in a deed, is of equivalent signification and as sides are computed from angles measured at the
effective as the word grant. Synonymous with triangle vertices.
sale.
TRIAGULATION STATION A station point used in a
TRANSFER, STRAIGHT The direct sale of the whole triangulation net.
parcel of land, or of an interest in the whole par-
cel of land; whereas, the term name change is TRILATERATION A method of surveying in which the
less definite and implies either a direct sale of the lengths of the triangle sides are measured.
whole parcel, or a change in name only; and the
TRUE MERIDIAN The geodetic meridian as defined
word segregation! implies a sale of only part of
by the axis of the earths rotation. The meridian of
a larger parcel of land, or a division of the larger
the general plan of the U.S. Survey of the Public
parcel. The word transfer alone could mean either
Lands.
straight transfer or, segregation.
TRANSITION CURVE A spiral or compound curve. A TRUST An estate, legal title to which is vested in
curve designed to provide gradual entry, or tran- the trustee, while equitable title is held by an in-
sition, from the straight part of a highway to the dividual or individuals who bear no contractual
sharpest part of a highway curve. See Chapter 8. relations among themselves. An equitable right,
title, or interest in property, real or personal, dis-
TRANSIT A theodolite with the telescope mounted so tinct from legal ownership thereof.
that it can be transited. The instruments are used
for measuring vertical and horizontal angles to the TRUST DEED ORS 86.705(3) a deed executed in con-
nearest minute, or to 10, 15, 20, or 30 seconds of arc, formity with ORS 86.705 to 86.795, and conveying
depending on the quality of the transit. The three real property to a trustee in trust to secure the
main types of transits are the (1) American transit, performance of an obligation owed by the grantor
(2) builders transit, and (3) engineers transit. See or other person named in the deed to a beneficiary.
Chapter 6. See discussion in Chapter 13, and figure 138.
Glossary-98
TRUSTEE OIRS 86.705(4). A person to whom the legal with the current comprehensive plan, zoning or-
title to real property is conveyed by a trust deed, dinances and regulations and modem subdivision
or his successor in interest. control standards. If modification was not feasible,
then the nonconforming, undeveloped subdivi-
TRUSTOR One who gives a deed of trust, by way of a
sions and any lands dedicated for public use as
mortgage. One who creates a trust is said to settle
described in the plat, might be vacated. See Un-
it on another, and bears such designations as do-
developed subdivision. See ORS Chapter 92.
nor, settler or trustor, while he to whom the
property is given in trust is the trustee.11 UNDIVIDED INTEREST An undivided interest in title,
right, or title to an undivided interest in real prop-
U.H.R. (Micrographics) microfilming; above 9OX.
erty or personal property that is owned by one of
ULTRAFICHE (Micrographics) reduced more than two or more tenants in common or joint tenants
90X. Ultra high reduction in Microfiche images before partition. Undivided interest implies that of
an undivided interest in the whole property, and
UNDEVELOPED SUBDIVISIONS See ORS 92.205 for
implies that the property is not subject to parti-
policy.
tion, and not to be divided, setoff, and allotted to
UNDEVELOPED SUBDIVISIONS Any subdivision that individual owners of the undivided interests, to
is not developed as determined by ORS 92.225. In hold in severalty.
that statute, any subdivision is considered devel-
Although the value between owners of undivided
oped if any of the following conditions are found
interests can be divided, THE ACREAGE CAN-
to exists
NOT BE DIVIDED. For example, it is incorrect to
a. Roadways providing access into and travel assign 10 acres to one owner of an undivided 1/2
within the subdivision have been or are being interest in a 20-acre parcel of land and to assign the
constructed to meet the specifications pre- other 10 acres of that parcel of land to the owner of
scribed therefor by the agency or body that ap- the other undivided 1/2 interest. Just as no specific
proved the plat of the subdivision, part of the estate can be recognized as belonging to
one or the other of the owners, no specific amount
b. Facilities for the supply of domestic or industrial
of acreage can be identified as belonging to any
water to lots created by the subdivision have
specific owner.
been or are being constructed,
UNIMPROVED LANDS Lands that have never been
c. Sanitary sewerage disposal facilities have been
improved and are in a state of nature. Lands that
or are being constructed for lots created by the
were once improved but have reverted to a state
subdivision, or septic systems have been or are
of nature.
being installed on the land or permits have been
issued for their installation on the land, UNIT (Condominium) A building, room or rooms
(on one or more floors) or parts thereof, intended
d. Buildings have been or are being constructed
for any type of independent ownership, with exit
upon the land or permite have been issued for
directly or via a common area to a public street
the construction of buildings upon the land, and
or highway. By statute could include temporary
e. One or more lots described in the plat of the parking or storage area (even if no building exists)
subdivision have been sold or otherwise trans- when part of the condominium. See ORS 91.500
ferred prior to the date of the initiation of the (1979 rev.) for statutory definition.
review provided for in ORS 92.215.
UNIT (Oregon Condominium Act). ORS 94.004 A
Undeveloped subdivision policy and review. The part of the property consisting of a building or one
1973 Legislative Assembly found that many sub- or more rooms occupying one or more floors of a
divisions for which plats had been approved and building or a part or parts thereof, intended for any
recorded had not been developecd. Many such type of independent ownership, the boundaries of
subdivisions were approved prior to the adoption which are described pursuant to ORS 94.029 (1)(c),
of a comprehensive plan, zoning regulations and and a direct exit to a public street or highway or to
ordinances and modern subdivision control stan- a common area or areas leading to a public staeet
dards by the jurisdiction within which the lands or highway. An area used for temporary parking
described in the subdivision plats are situated. or storage of automobiles, boats, campers or other
Consequently, the Assembly provided for, review similar recreational vehicles or equipment may
of undeveloped subdivisions to protect the pub- be considered a unit even though consisting of
lic health, safety and weftare. The review could air space onlywithout any building or structure,
modify such subdivission, if necessary, to comply when such area is auxiliary to a condominium in
Glossary-99
which the remainder of the units are in or are a (3) Where a replat of a subdivision has been re-
part of a building or buildings. corded, the replat suffices to vacate the lots and
blocks of the former subdivision, but does not
UNIT DESIGNATION ORS 91.500. The number, letter
serve to vacate the streets and alleys of the for-
or combination thereof designating a unit in a
mer subdivision. If the old street right-of-ways
declaration.
occupy different lands than those of the new
UNIT OWNER ORS 91.500. Person owning any interest subdivision, and some lots and blocks of the
recognized under the laws of this state in a unit new subdivision (to be sold) are platted over
except when such interest is held solely for secu- the older streets and alleys, it will be necessary
rity purposes. to vacate the older streets and alleys (in accor-
dance with the laws of this state) to extinguish
UNITED STATES PUBLIC LAND SURVEYS Synonymous
the publics easement in those streets and al-
with Rectangular Survey System Public Land
leys.
Surveys and Surveys of the U.S. Public Lands.
(4) Time does not extinguish the publics easement
UNITIZE (Micrographics) Separating a roll of micro-
in streets and alleys; that can only be accom-
film into individual frames to insert into a carrier.
plished by vacation (as per statute).
UNIVERSITY LANDS See ORS 273.251(8).
(5) Vesting of title in a vacated street and alley is as
UNMARKETABLE TITLE A title may be regarded as per ORS 271.140. See procedures described in
unmarketable if a reasonable and prudent man, Chapter 13.
familiar with the facts, would refuse to accept title
(6) If, in the vacation of a subdivision, it is the
in the ordinary course of business; it is not neces-
purpose to vacate the streets and alleys, the
sary that the title be actually bad in order to ren-
wording of the vacation should be such that it
der it unmarketable; it is only necessary that there
is clear that the publics easement in those right-
be reasonable doubt rather than mere suspicion
of-ways is being extinguished. Wording such as
against the title.
. . .vacate the lots and blocks will not suffice to
UPLANDS All lands not classified as submerged sub- include the streets and alleys.
mersible, swamp or marshlands. However, to be
(7) Upon vacation of a street or alley the lot bound-
riparian uplands, the lands must abut (touch)
aries and corners remain at the sideline, or
the water.
right-of-way line of the originally dedicated
URBAN Pertaining to a city, town, the suburbs of a street or alley. Only ownership changes not
city, or the suburbs of a town. lot and block boundaries. See Chapter 13.
USQUE AD MEDIUM FLLUM VIAE (Latin) Meaning VACATION OF A PUBLIC WAY (STREET, ALLEY, COUN-
up to the middle of the stream or road. Blacks TY ROAD, LOCAL ACCESS ROAD, ETC.) The formal,
Law Dictionary, rev. 4th ed. recognized process for alienating or abandoning
the publics right to use the land for the purpose
VACATE To cancel, rescind, or put an end to; as to va-
of travel from place to place. The courts recognize
cate in accordance with the proper statutes a road,
vacation as the process whereby the lawful
alley or street.
owner of the fee, the servient tenant, regains
VACATION OF A COUNTY ROAD The can I cancelation right of exclusive possession and enjoyment of the
of the publics easement across a strip of land des- dominant estate, the bed of the former public ease-
ignated as county road. Vacations must be in ac- ment. No other significance should be assigned
cordance with ORS 368.565 to 368.580. ORS 368.620 the vacation protein.
provides for unopened and unused roads.
Elliott says in Roads and Streets: While a highway
VACATION OF A STREET The cancellation of the pub- exists there is nothing more than a mere suspen-
lics easement for road purposes) across land dedi- sion of the abutters right. In other words, a dedi-
cated to the public, in accordance with Chapter 271 cation of a street, alley, road, etc., is not a grant of
of the Oregon Revised Statutes, Special Notes: the fee, it is a right created in favor of the public
and is in the nature of an estoppel in pals. Carter v.
(1) Mere nonuse by the public, and adverse use by
Portland, 4 Or. 339. As stated in McQuaid v. Portland
any private person, does not vacate a road or
& V. Ry., 18 Or. 237; Huddleston v. Eugene, 34 Or. 343;
extinguish the publics easement.
43 L.R.A. 44; and C.W. Nell et al v. Independent Re-
(2) Taxation of streets (not yet vacated) being occu- alty and cited in many other Oregon cases, 317 Mo.
pied or used by taxpayers does not extinguish 1233: In this state the rule is that where land has
the publics easement. been dedicated or appropriated for a public street,
Glossary-100
the fee in that street remains in the original owner vests in the city (ORS 271.140) or the county (ORS
subject only to the public easement. The fee passes 368.366).
to the purchasers of abutting lots in accordance
Validating and curative acts. Statutes provided
with the intent of the grantor. To this effect see: P.
to cure past errors and omissions and thus make
& W.V.R. Co. v. City o[ Portland, 14 Or. 188;
valid whet was invalid or doubtful, but they grant
Meier v. Portland C. Ry. Co., 16 Or. 500; Lankin v. no indulgence for the correction of future errors.
TerwiUiger, 22 Or. 94; Oliver v. Newberg, 50 Or.; For example:
John P. Sharkey Co. v. City of Portland, 58 Or.; Kurtz
ORS 93.810. The following are subjects of validat-
v. Southern Pac. Co., 80 Or. 217; Menstell et al v. John-
ing or curative Acts applicable to this chapter;
son et al, 125 Or. 161, 162; Portland Base-bail Club v.
Portland, 142 Or.; McAdarn et ux v. Smith et al, 221 (1) Evidantiary and recordation of conveyances
Or. 48; Fahey v. Bend, 252 Or. 267; Hurd o. Byrnes, before 1854.
264 Or. 591, 506 P.2d, 1973, and Cross v. Talbot, 121 (2) Evidentiery effect and recordation of certi-
Or. 270. As a consequence, the act of vacating a fied copies of deeds issued by State Land Board
street merely extinguishes the publics easement prior to 1885 when original deed was lost.
and frees the lawful owners estate of the burden
of the easement. (3) Defective acknowledgements of married
women to conveyances prior to 1891.
Although vacation statutes imply that the process
gives the governing body power of disposal of the (4) Foreign instruments executed prior to 1903.
vacated land, such power could not be vested in (5) Deeds of married woman before 1907, valid-
the governing body because the underlying fee in ity; executed under power of attorney and record
a public way is private property within the mean- of evidence.
ing of the constitutional prohibition against any
unlawful taking of private property. Any vacation (6) Conveyances by reversionere and remain-
statute enacted by the legislature that would act to dermen to life tenant.
take the property lawfully held by any owner of (7) Decrees affecting lands in more than one
abutting real estate, and vest it in some other party, county.
would be void for want of jurisdiction. It would
be repugnant to the constitution. Consequently, it (8) Irregular deeds and conveyances; defective
would not be law. aknowledgements; irregularities in judicial sales;
sales and deeds of executors, administrators, con-
VACATION OF A SUBDIVISION The cancellation of servators and guardiAnA; vested rights arising by
subdivision resulting from a replat of that subdi- adverse title; recordation.
vision; or as per ORS Chapter 271. See vacation
of a street, notes 3 and 6. Vacation of addition by (9) Defective acknowledgements.
sole owner: ORS 271.050. (10) Title to lands from or through aliens.
VACATION OF A TOWNSITE See ORS 271.040. And, ORS 275.370. All deeds and conveyances of
VACATION, STATUTORY The only lawful way to va- the several county courts executed and delivered
cate a subdivision or a public way (other than a prior to January 1, 1941, conveying real property
state highway). thereto set eside by such county courts as public
parks and recreational areas under ORS 275.320
1. Subdivisions in cities ORS 271.080 to 271.230. hereby are validated and declared to be legal and
2. Undeveloped subdivision and streete: ORS of full force and effect, both in law and in equity.
92~05 to 92.245. ORS 273.900. The title to all tide lands within this
state, and all tide fiats not adiacent to tim ahore in
3. A street along a railroad easement: ORS
the waters of this state, which have been heretofore
271.180.
sold to purchasers by the State of Oregon, where
4. Property under the jurisdiction of a county: the purchaser has, in good faith, actually paid to
ORS 368.326 to 368.366. the state the purchase price, and the same has been
received by the state, and the purchaser has not
5. Vacation effected by replatting: ORS 92.180 to
putchased from the state to exceed 320 acres of that
92.190.
character or class of land, are hereby confirmed to
The above statutory provisions include the lawful ell such purchasers and grantees of the state, their
means to vacate a dedicated park, square, etc. But heirs, successors or assigns, when such tide lands
in these situations (parks, squares, etc.), the fee have not been fraudulently obtained, and without
Glossary-101
reference to the amount of any other character of lands which were procured by false swearing or by
lands purchased by such purchaser theretofore fraudulent representations.
from the state (formerly ORS 274.050). Note: 1872
ORS 273.910. In all cases prior to May 21, 1917,
Or. Laws p. 129, as amended by 1874 Or. Laws p.
where state deeds were issued to lands claimed by
76 and 1876 Or. Laws p. 69--subsequently repealed
this state under the laws of the United States, the
by 1876 Or. Laws p. 41 sec 34--provided: The title
of this state to tide or overflowed lands upon said legal title to which had not yet vested in the state
Willamette, Coquille, Coos and Umpqua rivers is at the date of such deeds, the after acquired of this
hereby granted and confirmed to the owners of state in or to such lands shall be deemed vested
the adjacent lands, or when any such tide or over- in such purchasers who purchased such lands in
flowed lands have been sold, then in that case, to good faith, and their heirs and assigns, from the
the purchaser or purchasers of such tide or over- time such legal title passed or may pass out of the
flowed lands from such owner of such adjacent United States. Nothing in this section shall prevent
lands, or some previous owner thereof, as the case the State of Oregon from proceeding at any time
may be. to set aside on the ground of fraud any deed made
by the state, nor shall anything contained in this
ORS 273.902. (1) All the rights and title of the section be deemed to prejudice the rights of any
State of Oregon to the swamp and overflowed person claiming title to any public land adversely
lands of this state, and claimed by persons who to the State of Oregon or to the United States. (For-
have completed settlement thereon, or who may merly ORS 273.270).
hereafter complete settlement under provisions of
the preeruption or homestead laws of the United ORS 273.915. Releue of Claims Under Pre-1947
States, and have obtained a patent or certificate of Deeds Reserving Right of Way. The State of
final proof therefore, hereby are granted and con- Oregon hereby remisses, releases and forever
firmed unto such claimant, or the heirs or assigns quitclaims unto the grantees therein, their heirs
of the claimant respectively. and assigns, all rights, title and interests that may
have remained or vested in the State of Oregon
(2) Upon application of any such claimant to the
under deeds executed prior to July 5, 1947, by the
division, with proof of claim evidenced by United
State Land Board wherein there was attempted to
States patent or final certificate of settlement and
be reserved a right of way for ditchss, canals and
payment, issued from the United States Land of-
reservoir sites for irrigation purposes, constructed,
fice, the division shall execute and deliver to such
or which may be constructed by authority of the
claimed, without charge, a quitclaim deed of the
United States, (Formerly ORS 273.170).
states right and title to the lands so claimed. (For-
merly ORS 274.120). ORS 273.920. All leases and conveyances grant-
ORS 273.903. The division shall not call in ques- ing the right to explore or pruspect for minerals
tion the title of any person to any swamp lands or oil and gas, and for the drilling, mining and
which the person may not have acquired by full removal of the same on or from lands or mineral
and complete compliance with the pre-emption or rights under the jurisdiction and control of any
homestead laws of the United States, nor shall the state agency, board or commission, which were
division sell to anyone any unsurveyed swamp executed and delivered by such agency, board or
lands, swamp lands on which any settler shall commission prior to August 9, 1961, are hereby
have made and perfected bona fide legal entry un- validated and declared to be legal and enforceable.
der the laws of the United States. Swamp Lands, (Formerly part of ORS 517.410).
as used in this section, means lands classified as VACATIONS PURPOSES OF, REDEDICATION See ORS
swamp lands pursuant to ORS 273.251. (Formerly 271.160.
ORS 274.130).
VARIATION, ANNUAL The annual I change in the
ORS 273.905. All deeds prior to February 20, 1891, declination of the magnetic needle of a compass
to state, school, and university lands, the purchase that amounts to less than one minute of arc. See
price of which was paid to the board of commis- Chapter 4.
sioners for the sale of school and university lands
and for the investment of the fund arising there- VARIATION, DAILY Change in declination of the mag-
from, hereby are confirmed to the grantees of the netic needle of a compass, that averages approxi-
state, or to their lawful heirs or assigns, together mately eight minutes of arc. The needle reaches
with all righte, title or interest which the state its extreme declination about 1:30 p.m.; the mean
might or could have in any of the said lands. This declination occurring at about 8 p.m. Synonymous
section shall not apply to or confirm the title to any with diurnal variation. See Chapter 4.
Glossary-102
VARIATION, DIURNAL Daily variation. See Chapter 4. which is not contingent. An estate is vested where
there is an immediate right of present enjoyment
VARIATION, IRREGULAR Unpredictable change in the
or present right of future enjoyment.
declination of the magnetic needle of a compass,
caused by magnetic disturbances and magnetic VESTING OF TITLE IN PUBLIC SQUARES VACATED See
storms. See Chapter 4. ORS 271.060.
VARIATION, SECULAR An unpredictable, but impor- VESTING OF TITLE IN STREETS VACATED See ORS
tant change in the declination of the magnetic 271.140. See Chapter 13.
needle of a compass. These changes are charted
VOLUNTARY CONVEYANCE A conveyance made
from observation by the National Oceanic and
without any valuable or substantial consideration.
Atmospheric Administration (NOAA). When
retracing old property lines run by compass, one WARRANT To secure to the grantee an estate grant-
must consider the magnetic declination of the area ed.
at the date of the original survey, and the present
WARRANT AND DEFEND Means that the grantor war-
date. See magnetic declination.,,
rants a quiet enjoyment; but is not an assurance
VECTOR A course or compass direction. against all encumbrances.
VEGETATION LINE (General). The high water marks WARRANTEE One to whom a warranty is made.
at the line where ordinary high water deprives the
WARRANTOR One who makes a warranty.
soil of vegetation. See the following definition.
WARRANTY A promise that a proposition of fact is
VEGETATION LINE (The Ocean Shore Statutory) The
true. Protection of or indemnification for what is
line defined by ORS 390.770 (the exceptions are as
given.
per ORS 390.760). In the form of x and y coordi-
nates of the Oregon Coordinate System. In general, WARRANTY DEED One providing a full warranty. It
does not run at a line greater than 16 feet in eleva- actually conveys the estate, not just the right, title
tion. It is the upland boundary of the Ocean Shore. and interest in the estate. ORS 93.850 defines the
This line must be used to divide taxable property effect of a warranty deed in Oregon Law. This stat-
from exempt property lying seaward of the veg- ute is quoted in Chapter 13 of this manual.
etation line. See the charts in the appendix.
WARRANTY DEED, STATUTORY A deed provided in
VERNIER The small movable scale of a drafting ma- ORS 93.850. A deed in that form conveys the entire
chine, theodolite or other graduated instrument. interest in the described property at the date of
The vernier is used for measuring a fractional the deed which the deed purports to convey. It es-
part of one of the equal divisions on the graduated tops the grantor, the heirs, successors and assigns
fixed scale. of the grantor, from asserting that said grantor
had, at the date of the deed, an estate or interest
VERTEX A turning point; the highest or principle
in the land less than that estate or interest which
point; apex, top, crown or summit.
the deed purported to convey and the deed shall
VERTEX OF AN ANGLE The point in which the two pass any and all after acquired title. It includes
lines meet to form the angle. covenants (each running in favor of the grantee
and successore in title), as if written in the deed:
VERTEX OF A CURVE The point from which the diam-
That at the time of delivery of the deed the grantor
eter is drawn; the intersection of the diameter and
is seized of the state being conveyed; that the deed
the arc (where the radii meet; the radius point).
is free from encumbrances not listed in the deed;
VERTICAL AERIAL PHOTOGRAPHS See oblique, aerial that the grantor warrants and will defend the title
photographs. to the property a~inst all persons who may law-
fully claim the same. See ORS 93.850 for complete
VERTICAL CIRCLE That part of a transit that makes it
language of the law.
possible to make vertical measurements.
WARRANTY, GENERAL The name of a covenant of
VERTICAL CONTROL The establishment of a series
warranty, inserted in deeds, by which the grantor
of benchmarks or other points of known ELEVA-
binds himself, his heirs, etc. to warrant and de-
TION.
fend to the grantee, his heirs, etc., the title thereby
VESTED Fixed. Not in a state of contingency or sus- conveyed, against the lawful claims of all persons
pension. whatsoever.
VESTED ESTATE An interest clothed with a present, WARRANTY, IMPLIED Occurs when the law derives
legal, and existing right of alienation; an estate the warrantee by implication or inference from the
Glossary-103
nature of the transaction or the relative situation Websters New Collegiate Dictionary, supra, defines
or circumstances of the parties. way as a thoroughfare for travel from place to
place. Elliott, supra, says, Ways can be either
WARRANTY, SPECIAL See special warranty deed.
public or private, and a way open to all people
WASHBOARDS (Mirographics) Alternate bands of is a highway, Le. streets, alleys, bicycle paths,
varying intensities sometimes found on films ex- bridges, and public walkways, ferries, and state
posed on rotary cameras. Causes include uneven highways.
lighting, faulty documents, and film advance.
WAYS OF NECESSITY A way established to solve the
WATER COURSE (or watercourse) A channel cut by problem of ingress and egress to lands not reached
running water, with well defined banks, through or conveniently reached by a public road. It is not
which water flows for substantial periods of the a street or county road. Chapter 376 of the Oregon
year and discharges itself into some other body of Laws provide for Ways of Necessity. ORS 376.105
water or drainage basin. It need not be consistent to 376.140.
to be a watercourse, but must constitute more than
surface drainage caused by extraordinary factors. WELL See ORS 537.145.
WATERLINE This term has no legal significance. WEST When not controlled by definite courses, mon-
The juncture of land and sea. The line fluctuates, uments or descriptions, means due west. Must
changing with the tide or other water fluctua- yield to monuments and calls.
tions. WESTERLY From the west or towards the west. When
WATERMARK A mark indicating the highest point to not controlled by definite courses, monuments
which water rises, or to the lowest point which it or other definite descriptions, means due west.
sinks. Westerly always yields to monuments and other
definite courses, monument or points of call.
WATERS OF THE UNITED STATES All waters of the U.S.
which are navigable for the purpose of commerce, WESTERLY COURSE Generally, a westward course;
or whose navigation successfully aids commerce. not due west.
WATERS OF THIS STATE The natural waterways, in- WESTERNMOST Farthest to the west; most western.
cluding all tidal and nontidal bays, intermittent WESTWARD Having a direction toward the west.
stream, constantly flowing streams, lakes and
other bodies of water in this state, navigable and WILL The legal declaration of a persons intention, to
nonnavigable, including that portion of the Pacific be performed after his death, concerning the dis-
Ocean which is in the boundaries of this State; and position of his property, the guardianship of his
including the Ocean Share to the statutory veg- children or the administration of his estate. It is a
etation line. See ORS 541.605. testamentary instrument executed by any person
who is competent.
WATER RESOURCES Includes not only the water itself,
but also the aquatic life and habitants therein, and WTITNESS CORNER Corners used to identify and
all natural resources in and under waters of this locate other comers or monuments. They can be
state. See ORS 541.605 and 536.210 for a more de- stakes, trees, rocks, etc.
tailed legal definition. See also Chapter 10. WTINESS TREE A tree used to identify or locate a
WATER RIGHTS A right to USE water of a river, natu- monument or point. Also called a bearing tree.
ral stream, lake, ditch, pond, canal, etc., for general See Chapter 6.
purposes (irrigation, mining power, etc.). NOT WYE A track with two railway branches, one joining
SYNONOMOUS WITH RIPARIAN RIGHTS. the main track of the railway from one direction,
WAY A road, passage, street, etc. and the other joining the main track from another
direction.
WAY As explained in Huggett et ux v. Moran et ur.,
201 Or. 105, 266 P.2d 692: While strictly speaking WYE LEVEL A surveying instrument, used for level-
way is not synonymous with road (the word ing, that has a telescope resting on wye supports.
way being more generic than the word road, This type of leveling instrument is simpler to ad-
and referring to many things besides roads: Kister just than the dumpy level because the telescope is
v. Reeser, 98 P. 1, 4, 42 Am. Rep. 608), as used in a removable and can be turned end for end.
statute authorizing the establishment of county
ZONE, BEACH The Ocean Shore.
roads, it must be construed as including therein
county roads. ZONE LINE, BEACH See beach zone line.
Glossary-104

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Oregon

Cadastral Map System

Introduction.............................................................. 1-3 Map Arrows ..........................................................2-15

History, 1859-1951 ................................................... 1-3 Circles.....................................................................2-15

Introduction.............................................................. 2-3 Map Boundaries ...................................................2-20

Map Scales...............................................................2-5 Mechanical Lettering Guide ...............................2-20

Introduction.............................................................. 3-3 The Radian System.................................................4-3

Undivided Interests .............................................3-17 Plotting Angles & Bearings...................................... 4-8

Mapping the Condominium ..................................3-18 The Drafting Machine Protractor.........................4-9

Unit Ownership Numbers Verniers ..................................................................4-10

Planned Community...............................................3-19 5U.S. Rectangular Survey System

Endnotes .................................................................3-21 Navigable Waters...................................................... 5-3

Swamp and Overflowed Lands ................................ 5-3

4Direction System of Rectangular Surveys ............................... 5-4

Subdivision of Fractional Sections.....................5-12 Route Surveys .........................................................6-4

Summary ...............................................................5-14 Underground Surveys ...........................................6-5

Meandering ...........................................................5-14 Aerial Surveys.........................................................6-5

Orders of Accuracy .................................................6-13 Orthophotos ..........................................................6-28

Topographic Surveys..............................................6-23 Other Map Projections...........................................7-6

Types of Errors......................................................6-24 The Oregon Coordinate System ............................7-11

Degree of Accuracy ..............................................6-27 Steps Used In Establishing A Route ........................ 8-3

Computing P.I. to P.I. Values............................... 8-11 Check Your Computations........................................ 9-3

Reverse Circular Curves......................................8-23 The Triangle .............................................................. 9-7

Railroad Curves....................................................8-52 Composite Circle Diagram..................................9-16

The Railroad Taper Curve...................................8-52 Cofunctions and Complementary Angles.............9-17

Closing a Polygon by Choosing a Littoral Lands and Rights.......................................10-8

Computing Areas....................................................9-28 Submerged and Submersible Lands...................10-11

Transforming Oregon Coordinates The Astoria Quitclaim Act ................................10-17

Mapping Navigable Rivers or Streams ...........10-26 Scenic WaterwaysScenic Easements ............10-42

Islands ..................................................................10-27 Water Rights..........................................................10-43

Lettering................................................................11-24 12Map Compilation & Construction

Some Geometrical Solutions Map Compilation ....................................................12-5

Bisecting an Angle.............................................. 11-29 Map Construction .................................................12-18

To Round Off a Right Angle Definitions...............................................................13-4

To Draw an Arc of Given Radius Use of Surveys to Update

Subdivisions..........................................................13-11 Example-General Maintenance Procedures .......13-36

Unit Ownership Plat Requirements ................13-15 Taxes on Real Property Subject to

Conveyances- Laws ...........................................13-23 Taxing District Boundary Filing

Street Intersections .............................................13-31 Precedent and the Common Law ..........................14-2

1. Dedication generally......................................15-28 Cabell et al v. Cottage Grove et al ....................15-57

2. Statutory dedication.......................................15-29 Statutory Considerations ..................................15-60

3. Common law dedication...............................15-29 Police Power of Cities ........................................15-61

4. Acceptance.......................................................15-29 Footnotes ..............................................................15-63

Effect of Common Law 16Court Cases

When Estate in Nonvacated and Vacated Statutory Considerations ..................................16-12

Forest Roads........................................................16-22 Problem 12: How Are Lots Affected

Martin v. Klamath County ................................16-26 Parrott v. Stewart....................................................17-9

Re-platting...........................................................16-35 Huggett et ux v. Moran et ux ...............................17-14

Problem 3: The Park Avenue Case ...................16-46

Problem 6: Apportionment of a Vacated Road..16-48 Latourette v. County Court .................................18-5

Endnotes ...............................................................18-25 Index to Labeling Aliquot Parts of a

Appendix A. (Vol. 1) Annotations ............................A-1 Subdivision of a Section ..................................... E-22

District Courts........................................................ C-2 Tidal and Sea Level Elevations

Court citations ....................................................... C-3 1. Conversion Factors ......................................... E-39

Oregon Supreme Court ........................................ C-3 2. Tables of Measurements ................................. E-40

Law publications ................................................... C-4 6. Rods to Feet..................................................... E-45