PRINTER'S NO. 4351
No. 2823 Session of 2004
INTRODUCED BY S. E. CORNELL, BUNT, SATHER, STERN, E. Z. TAYLOR,
BOYD, PETRI, GINGRICH, LEWIS, RUBLEY, WATSON, CRAHALLA,
SCHRODER AND GEIST, AUGUST 16, 2004
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 16, 2004
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for the offense of the destruction of a
4 survey monument; and further providing for actions relating
5 to land surveying.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 3311. Destruction of a survey monument.
11 (a) Offense defined.--A person commits a summary offense if
12 he intentionally cuts, injures, damages, destroys, defaces or
13 removes any survey monument or marker. A person commits a
14 misdemeanor of the second degree if he willfully or maliciously
15 cuts, injures, damages, destroys, defaces or removes any survey
16 monument or marker in order to call into question a boundary
17 line.
18 (b) Restitution.--Any person convicted of violating this
19 section shall, in addition to any other penalty imposed, be
1 liable for the cost of the reestablishment of permanent survey
2 monuments or markers by a professional land surveyor, and all
3 reasonable attorney fees.
4 (c) Definitions.--As used in this section, the following
5 words and phrases shall have the meanings given to them in this
6 subsection:
7 "Professional land surveyor." As defined under the act of
8 May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
9 Surveyor and Geologist Registration Law.
10 "Survey monument or marker." Any object adopted or placed by
11 a professional land surveyor to define the boundaries of a
12 property, including, but not limited to, natural objects such as
13 trees or streams, or artificial monuments such as iron pins,
14 concrete monuments, set stones or party walls.
15 Section 2. Section 5537 of Title 42 is amended to read:
16 § 5537. Land surveying.
17 All actions to recover any or all damages against any person
18 engaged in the practice of land surveying occurring as the
19 result of any deficiency, defect, omission, error or
20 miscalculation shall be commenced within [21] 12 years from the
21 time the services are performed. Any such action not commenced
22 within this [21-year] 12-year period shall be forever barred.
23 The cause of action in such cases shall accrue when the services
24 are performed. Furthermore, any action shall be commenced within
25 four years from the time that such cause of action was
26 discovered, but no later than during this [21-year] 12-year
27 limitation period. In any event, no action shall be commenced
28 after the [21] 12 years from the time that the services are
29 performed. The term "practice of land surveying" shall be the
30 same as defined under the act of May 23, 1945 (P.L.913, No.367),
20040H2823B4351 - 2 -
1 known as the [Professional Engineers] Engineer, Land Surveyor
2 and Geologist Registration Law.
3 Section 3. This act shall take effect in 60 days.
F24L18JS/20040H2823B4351 - 3 -