I disagree. The or does not refer back to permanent. What is the difference between a monument (which is permanent) and a marker that can be anything the surveyor marks in the course of a survey?
I know Landsurveyor for years and I respect his opinion most of the time these days. I responded to his post. The fact is though that the statute stands on its own.
Answer the question:
So for those of you who think the statute only applies to permanent markers I guess you think that you can walk onto a construction site and remove all or any of the stakes and flags that mark where corners, roads, houses, and elevations are without being liable to pay to have them replaced?
Your analogy is flawed. What you are describing is vandalism and yes, one can expect to have to pay for the vandalism they perform.
What we're talking about in THIS thread is a private landowner removing temporary markings from their own property.
We are speaking of the removal of surveyor stakes aren't we in the contest of the statute? Why do you think that it is vandalism? If a neighbor destroyers survey stakes how is that not covered by the statute?
A land owner who wants to know where his boundary line is does not have to have permanent markers installed. So he pays for the survey and the surveyor places stakes and ribbons to denote the boundary line. Maybe the land owner wants to put up a fence. Then a neighbor removes the markers because he disagrees with where the stakes are placed. You think that the statute does not apply because the surveyor didn't place permanent markers. You are incorrect.
No actually we are talking about markers that are placed on a boundary line. That is not the property owners land nor is it the neighbors. It is a demarcation of where the two properties meet.What we're talking about in THIS thread is a private landowner removing temporary markings from their own property.
I would suggest that you do some research about the words or and and when it comes to strict construction in statute law.
Are you aware that many if not all temporary marks set on the ground at a construction site can be set by non-licensed persons?