PRINTER'S NO.  2109

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1461

Session of

2012

  

  

INTRODUCED BY ALLOWAY, EICHELBERGER, TARTAGLIONE, SOLOBAY AND WARD, APRIL 16, 2012

  

  

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 16, 2012  

  

  

  

AN ACT

  

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Providing for a surveyor's right to enter the land of another to

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perform surveying services.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Surveyor's

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Right to Enter Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Surveyor."  An individual registered as a professional land

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surveyor, professional engineer or agent thereof under the act

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of May 23, 1945 (P.L.913, No.367), known as the Engineer, Land

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Surveyor and Geologist Registration Law.

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Section 3.  Right to enter land of another.

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(a)  Right of entry.--If necessary to perform surveying

 


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services, a surveyor may enter upon the land of another and use

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customary equipment and vehicles.

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(b)  Identification.--A surveyor shall carry a form of

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identification that indicates the surveyor's registration or

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place of employment. Upon entering the land of another, the

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surveyor shall display the identification to any individual

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requesting to view it.

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(c)  Notification.--Prior to conducting a survey, a surveyor

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shall make a good faith effort to notify a landowner whose land

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it is necessary to enter under subsection (a).

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(d)  Prohibition.--A surveyor may not enter any of the

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following:

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(1)  Land owned by a railroad company located within 50

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feet of a railroad track without first obtaining written

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permission from the railroad company, unless the railroad

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company grants permission to the surveyor, but does not

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provide the surveyor with the written permission form within

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a reasonable amount of time.

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(2)  A place used for residence or storage.

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(e)  Duty of care.--Nothing in this section may be construed

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as permitting a surveyor to damage the land of another or

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provide immunity from civil liability for the damage.

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Section 4.  Effective date.

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This act shall take effect in 60 days.

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