| Chapter 143 |
| 2024 -- H 7610 Enacted 06/17/2024 |
| A N A C T |
| RELATING TO BUSINESSES AND PROFESSIONS -- LAND SURVEYORS |
Introduced By: Representatives Cortvriend, Edwards, Chippendale, McGaw, and Nardone |
| Date Introduced: February 15, 2024 |
| 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 seventy-two (72) 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 seven (7) 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. |
| SECTION 2. This act shall take effect upon passage. |
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| LC004712 |
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