2023 -- S 0756

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LC002099

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS

     Introduced By: Senators DiPalma, Ciccone, and Lombardo

     Date Introduced: March 23, 2023

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-8.1 of the General Laws entitled "Land Surveyors" is hereby

amended by adding thereto the following section:

     5-8.1-21. Right of entry for professional land surveyor performing surveying services.

     (a) A professional land surveyor, issued a current and valid certificate of registration in

accordance with the provisions of this chapter, when performing surveying services at the request

of a landowner or person with an interest in real estate, may, without the consent of the owner or

person in possession, enter upon or cross any lands, air, space or water resource, whether publicly

or privately owned, except for property owned or operated by a public or private utility, railroad,

airport or limited access highway, security facility (prison) or any property with a documented

safety or security plan, necessary to perform surveying services.

     (b) Nothing in this section shall be construed as authorizing a professional land surveyor

to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another

without the permission of the owner.

     (c) This section shall not be construed to provide statutory protection from civil liability

for actual damage to land, chattels, crops, trees, structures or personal property.

     (d) This section shall not be construed to authorize a professional land surveyor to enter

any building or structure.

     (e) A professional land surveyor shall make reasonable effort to notify a landowner and

person in possession upon whose land, air, space or water resource it is necessary for the

professional land surveyor to enter or cross. Notice provided as follows meets the requirement of

this subsection:

     (1) Written notice delivered by hand to the person in possession of the land and the

landowner or to the residence of the landowner upon whose land, air, space or water resource the

surveyor may enter or cross, delivered at least twenty-four (24) hours prior to the surveyor's

entering the land, air, space or water resource; or

     (2) Written notice mailed by first class mail to the person in possession of the land and the

landowner upon whose land, air, space or water resource the surveyor may enter or cross,

postmarked at least five (5) days prior to the surveyor's entering the land, air, space or water

resource. The surveyor may rely on the address of the landowner as contained in the municipal

property tax records or their equivalent.

     (f) Surveyors who enter land, air, space or water resource pursuant to this section shall

carry on their person identification sufficient to identify themselves and their employer or principal

and shall present the identification upon request.

     (g) Vehicular access to perform surveys is limited to established roads and trails, unless

approval for other vehicular access is granted by the landowner.

     (h) Approval of the landowner is required for the clearing of trees, brush, or other

vegetation.

     (i) A registered professional land surveyor, or any employee or agent of the land surveyor,

who enters land as allowed under this section is owed no greater duty of care than that owed by a

landowner to a trespasser.

     (j) As an act of good will and in order to keep the landowner informed, a professional land

surveyor shall supply the landowner with information on located, established, or reestablished

corners that lie on the land or that may affect the boundaries of the land. Upon request, the

professional land surveyor shall provide the landowner with a copy of any relevant survey filed or

recorded.

     (k) A professional land surveyor and the surveyor's assistant shall comply with any other

federal and state safety rules and regulations that apply to the land that they enter or cross in addition

to the provisions set forth in this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS

***

     This act would grant a right of entry for a professional land surveyor issued a current and

valid certificate of registration performing surveying services for a landowner to enter upon or cross

any lands, air, space or water resource, whether publicly or privately owned, except for property

owned or operated by a public or private utility, private railroad, airport or limited access highway,

security facility (prison) or any property with a documented safety or security plan, necessary to

perform surveying services. Prior to entry, the surveyor would provide at least twenty-four (24)

hours' notice to the owner and the possessor of land. The land surveyor would not be protected

from any claim resulting in damage caused by the surveyor and the owner and possessor of land

would owe no greater duty of care to the surveyor than that owed by a landowner to a trespasser.

     This act would take effect upon passage.

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