Current Oregon statutes (ORS 837.380)?ÿregarding operating a UAV above private property state that?ÿ
(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.
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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??ÿ Also, are there any known case precedents for this?
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Not sure what the rest of the statute(s) say, or if there are additional statutes that are complement/supplement your citations, but your summary seems to reflect the passages you quoted.
may enter on foot
Seems to be a limiting factor for surveyor Right of Entry.
Good Luck!
There is another paragraph in ORS 837.380 that would seem to allow a surveyor to operate over private property.
(3)A person may not bring an action under this section if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. This subsection does not preclude a person from bringing another civil action, including but not limited to an action for invasion of privacy or an action for invasion of personal privacy under ORS 30.831
Flights over private land are not a taking, unless they are so low and so frequent as to be a direct and immediate interference with the enjoyment and use of the land. Thus, a temporary invasion of airspace by aircraft over land of another is privileged so long as it does not unreasonably interfere with persons or property on the land.
Flight by aircraft in the airspace above the land of another is a trespass, only if:
entry into the immediate reaches of the airspace next to the land is involved, and
entry interferes substantially with the owner??s actual use and enjoyment of his land.
A landowner is entitled to compensation, if the interference caused by the flights is sufficiently direct, sufficiently peculiar, and of sufficient magnitude, to support a conclusion that a taking has occurred.
If you want to know what that means hire a lawyer to defend what you want it to mean.?ÿ
