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Title 21-1774
Moderator(s): Burk Cornelius
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7/12/2013 at 2:23:10 PM GMT
Posts: 3
Title 21-1774

§21‑1774.  Removing or altering landmarks.Every person who either:

1.  Maliciously removes any monuments of stone, wood, or other material, erected for the purpose of designating any point in the boundary of any lot or tract of land; or,

2.  Maliciously defaces or alters the marks upon any tree, post or other monument, made for the purpose of designating any point, course, or line in any such boundary; or,

3.  Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks; is guilty of a misdemeanor.[1] R.L.1910, § 2779.   

 

This week I had a client remove two monuments that marked the northeast and southeast corners of his 9 acre parcel I recently did. He set "T" posts +/-  30' east of said monuments. The adjoiner asked me to check them. He contacted the Custer County Sheriff and informed them of this matter. "Long story short"; I reset said monuments with a Deputy escort yesterday. I provided the deputy with a copy of  21-1774 from the OSLS Manual of Practice. I confirmed on Oklahoma Legislature Website (http://webserver1.lsb.state.ok.us/OK_Statutes/CompleteTitles/os21.rtf
that said Statute has not been repealed.

 

Here are my questions:

a) Am I right about the current status of the statute, and

b) What is the fine? A party chief at my office said it was $1000 per monument. However, the inscription on ODOT Monuments says $250.

 

What say you, OSLS comrades?

 



Last edited Friday, July 12, 2013
7/12/2013 at 2:46:11 PM GMT
Posts: 56

a) You are correct, statute has not been repealed

 

b) I don't know if the fine for said misdemeanor is "standard" or if a judge can establish the fine as needed. I think they have a range of fines that they can use for misdemeanors (i.e. not less than $250 or more than $1000 etc.)

 

The other thing I am curious about is if someone (you, landowner, etc) has to make a formal complaint or if the Sheriff can issue a citation himself?

 

Anyone? Maybe our resident deputy (Stout) will chime in

 

I think the key word might be "maliciously" I am not sure if you can "maliciously" remove your own monuments




Burk Cornelius, PLS
Executive Director
Oklahoma Society of Land Surveyors


Last edited Friday, July 12, 2013
8/12/2013 at 7:31:21 PM GMT
Posts: 1

In my opinion, even though the monuments were "his" in the fact that they marked his boundary and he paid for the survey that produced them, they also belong to the adjoiner and the public in general to control local conditions.  His removal of the monuments appears "malicious" to me when he set T-posts 30' onto the adjoiner.     

 

Steven M. Morren, PLS 



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