law24145

Chapter 145

2024 -- S 2501
Enacted 06/17/2024

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- LAND SURVEYORS

Introduced By: Senators DiPalma, Picard, and Burke

Date Introduced: March 01, 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.

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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LC004922

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