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that said Statute has not been repealed.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?

 

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

Steven M. Morren, PLS