WES MOORE, Governor Ch. 606
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Chapter 606
(Senate Bill 344)
AN ACT concerning
Criminal and Civil Trespass – Professional Land Surveyors – Exception
FOR the purpose of establishing exceptions to certain criminal prohibitions against
trespass on property and the civil tort of trespass for professional land surveyors,
and agents and employees of professional land surveyors, who enter the property of
another to practice land surveying; and generally relating to professional land
surveyors and the criminal and civil law on trespass.
BY adding to
Article – Courts and Judicial Proceedings
Section 5–427
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to
Article – Criminal Law
Section 6–412
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
5–427.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “PRACTICE LAND SURVEYI NG” HAS THE SAME MEANING AS
PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS
ARTICLE.
(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYOR
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO
PRACTICE LAND SURVEY ING.
(B) A PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A Ch. 606 2024 LAWS OF MARYLAND
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PROFESSIONAL LAND SU RVEYOR, WHO ENTERS A PROPERT Y TO PRACTICE LAND
SURVEYING MAY NOT BE HELD LIABLE U NDER THE COMMON LAW TORT OF
TRESPASS.
(C) THIS SECTION DOES NOT :
(1) AFFECT, AND MAY NOT BE CONST RUED AS AFFECTING , ANY
IMMUNITIES FROM CIVI L LIABILITY OR DEFEN SES ESTABLISHED BY A NY OTHER
PROVISION OF THE CODE OR AVAILABLE AT COMMON LAW OR EQUITY TO WHICH A
PROFESSIONAL LAND SU RVEYOR, OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L
LAND SURVEYOR , MAY BE ENTITLED ; OR
(2) IMPAIR THE RIGHT OF A PERSON TO SEEK REDRE SS UNDER ANY
OTHER PROVISION OF T HE CODE OR AT COMMON LAW OR EQUITY FO R CONDUCT BY
A PROFESSIONAL LAND SURVEYOR, OR AN AGENT OR EMPLO YEE OF A
PROFESSIONAL LAND SU RVEYOR, THAT IS OTHERWISE AC TIONABLE.
Article – Criminal Law
6–412.
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) “PRACTICE LA ND SURVEYING ” HAS THE SAME MEANING AS
PROVIDED IN § 15–101 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS
ARTICLE.
(3) “PROFESSIONAL LAND SUR VEYOR” MEANS A LAND SURVEYO R
WHO IS LICENSED BY T HE STATE BOARD FOR PROFESSIONAL LAND SURVEYORS TO
PRACTICE LAND SU RVEYING.
(B) THIS SUBTITLE DOES NO T APPLY TO A PROFESS IONAL LAND SURVEYOR ,
OR AN AGENT OR EMPLO YEE OF A PROFESSIONA L LAND SURVEYOR , WHO ENTERS A
PROPERTY TO PRACTICE LAND SURVEYING .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.