8 The Oregon Surveyor | Vol. 45, No. 6 Boise Boise River Snake River South Fork River North Fork R THOUGHTS ABOUT RIGHT OF ENTRY By Dick Bryant Brenton Griffin’s OrYSN column in the March/April issue (https:// www.associationpublications.com/ flipbook/plso/2022/MarApr/index.html, page 8) led me to reflect on what accessing people’s property was like prior to the enactment of the right of entry law in 1995. When I entered the profession, we didn’t seem to think that the possibility of being refused access to property in order to complete a survey was much of a problem. We were always careful to get permission prior to entering anyone’s property, and I remember only one time when we were refused. It happened when my partner and an employee were asked to determine a property line that was in dispute. Tom left the employee at the job site to look for corners while he went to the surveyor’s office to pull up records of survey affecting the properties. When he returned, the employee was standing out next to the street. Tom asked him what happened, and he said the neighbor lady had pulled a gun on him. I was not involved in the survey, and I can’t remember how it was resolved. I do know no one got shot. Another time I had the following encounter. We were over in the Caldwell area of Idaho doing map control along the Boise River for David Smith & Associates. He was mapping a section of the river for the Bureau of Reclamation (BOR). Our work consisted of locating photo points along the river for elevation control. Rather than pre-mark the needed points prior to flying, Dave flew the area to be mapped, then circled small areas on the aerials along the flight line where he would need an elevation. We went into the field and found points on the ground that we could identify on the photo. The identified points were marked by a pin prick on the photo. A point could be something such as the base of a power pole, the end of a center line stripe, a manhole cover, or a fence corner. We marked the point on the ground with a hub, PK, or paint along with a stake with an ID number. After a point was marked and photo ID’ed, a crew would come through and run levels over the points. Most of the points were along roads, railroads, and such, so were in some sort of right of way and easily accessible. Occasionally, the photo points would fall on private property, so permission to enter had to be obtained. A case of the latter comes to mind. A point we needed happened to fall in a rancher’s field near the river. I drove to the residence, but found no one home. I got their name off the mailbox, and that evening I looked up the owner’s name in the phone book and gave them a call. This was before cell phones, so most everyone had a landline and a name in the phone book. The gentleman of the house answered the phone, and I proceeded to tell him the reason for the call. The following dialog took place: (Me) We are doing a survey, and I would like to get access to your property. (He) What is it for? (Me) It is for some mapping along the river. (He) Who are you working for? (Me) David Smith, a mapping firm from Portland. (He) Who is he working for? (Me) He is under contract with the BOR. That was when it hit the fan. The guy really began to unload on me, and I thought perhaps I might have to seek out another location for my photo point. He proceeded to tell me what he thought of the BOR. It seems the river had been slowly eroding his property over the years, and he had been after them to do something about it but to no avail. I don’t recall how long I had to endure his wrath, but I was finally able to explain to him that I was just a poor surveyor trying to do a job. He finally calmed down, and said I guess it would be alright to come out and do what needed to be done. I told him what kind of vehicle I was driving and that I would be out the next morning. When I entered the property, I saw that the drive to his field went right by the house. I felt it prudent to stop and announce my arrival, discuss ground rules, gate closures and such. I knocked on the door and his wife answered. She knew of my purpose, but chose to go through the same tirade I was subjected to the night before. I listened with compassion, and was then able to proceed. My route out to the field caused me to pass where the rancher and a hand were standing by a corral. Again, I stopped, and again I got a full load of what it was like to deal with the Bureau. By the time I was able Featured Article
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