Right of Entry vs. Private Airspace
Current Oregon statutes (ORS 837.380) regarding operating a UAV above private property state that
whereas the statue (ORS 672.047) for surveyor right of entry states that (1)
Subject to subsection (4) of this section, a registered professional land surveyor, or any employee or agent of the land surveyor, may enter on foot, where practicable, upon any land for the purpose of surveying or performing any survey work and may establish permanent survey monuments as allowed by rule of the State Board of Examiners for Engineering and Land Surveying.
(4)
A registered professional land surveyor, or any employee or agent of the land surveyor, may not enter upon land for the purpose of surveying, performing other survey work or establishing a permanent survey monument without first providing notice to the landowner by first class mail or by personal notice. If the land is occupied by a person other than the landowner, notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed at least seven days prior to the entry onto the land. Notice that is given by personal notice must be hand-delivered to the landowner or occupant or be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice. The notice shall give the professional land surveyor??s name, address, telephone number, purpose, availability of the survey and the presence of any temporary or permanent monuments or other markers to be left on the land.
In a nutshell:
-Surveyors can enter private property if they give appropriate notification and it is necessary for the job.
-Property owners can bring legal action against a drone operator who flies over their property more than once and they have notified the operator that they don’t want the drone flown over their property.
Can a surveyor, using a drone for survey work, fly over private property multiple times if needed as long as they have met the requirements for notification, or can the private property owner still bring legal action against a surveyor for doing so? Also, are there any known case precedents for this?
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