2023 -- H 6042 SUBSTITUTE A

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LC001637/SUB A

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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: Representatives Cortvriend, Spears, Edwards, Chippendale, and Carson

     Date Introduced: March 03, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following section:

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

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

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

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

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

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

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

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safety or security plan, necessary to perform surveying services.

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

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

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without the permission of the owner.

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

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

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

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any building or structure.

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

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

 

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

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this subsection:

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

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

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surveyor may enter or cross, delivered at least seventy-two (72) hours prior to the surveyor's

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

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

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

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postmarked at least seven (7) days prior to the surveyor's entering the land, air, space or water

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

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property tax records or their equivalent.

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

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

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and shall present the identification upon request.

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

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approval for other vehicular access is granted by the landowner.

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

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vegetation.

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

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

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landowner to a trespasser.

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

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

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

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

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recorded.

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

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

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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

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

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

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

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

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

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perform surveying services. Prior to entry, the surveyor would provide notice to the owner and the

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possessor of land which written notice must be delivered by hand at least seventy-two (72) hours

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before entry or mailed by first class mail, and post marked seven (7) days before entry. The land

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surveyor would not be protected from any claim resulting in damage caused by the surveyor and

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the owner and possessor of land would owe no greater duty of care to the surveyor than that owed

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by a landowner to a trespasser.

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     This act would take effect upon passage.

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