Criminal and Civil Trespass - Professional Land Surveyors - Exception
The enactment of SB288 is expected to alter the legal landscape surrounding trespass laws as they pertain to land surveying. By providing immunity to licensed surveyors from trespass claims when entering property to perform their duties, it creates a more accommodating environment for surveying professionals. This could significantly affect the processes surrounding property development and real estate transactions in the state, potentially leading to smoother operations regarding land assessments and boundary determinations.
Senate Bill 288 establishes specific exceptions to the criminal and civil prohibitions against trespass for professional land surveyors in Maryland. The bill stipulates that licensed land surveyors and their agents or employees will not be liable under the common law tort of trespass when they enter private property to perform land surveying activities. This exception aims to facilitate the work of surveyors, ensuring they can obtain necessary data without the fear of legal repercussions from property owners.
The sentiment surrounding SB288 appears to be largely favorable, especially among professionals in the surveying community who view the bill as necessary for their work. Supporters argue that it will enhance operational efficiency and reduce unnecessary legal complications that can impede surveying projects. However, there may be concerns from property owners about invasions of privacy or unauthorized access, which the bill addresses with certain stipulations regarding professional licensing.
While SB288 aims to clarify the standing of professional land surveyors in relation to trespass laws, there remains the potential for contention related to property owners' rights. The bill includes provisions that do not impair the rights of property owners to seek legal remedies for actions outside the scope of the bill, such as misconduct by surveyors. This balance seeks to mitigate pushback from those concerned about maintaining property rights while facilitating necessary professional practices in land surveying.