Rhode Island 2023 Regular Session

Rhode Island House Bill H6042 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- H 6042 ~~SUBSTITUTE A~~
	5	+	2023 -- H 6042
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7		-	LC001637~~/SUB A~~
	7	+	LC001637
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9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS
16	16		Introduced By: Representatives Cortvriend, Spears, Edwards, Chippendale, and Carson
17	17		Date Introduced: March 03, 2023
18	18		Referred To: House Corporations
19	19
20	20
21	21		It is enacted by the General Assembly as follows:
22	22		SECTION 1. Chapter 5-8.1 of the General Laws entitled "Land Surveyors" is hereby 1
23	23		amended by adding thereto the following section: 2
24	24		5-8.1-21. Right of entry for professional land surveyor performing surveying services. 3
25	25		(a) A professional land surveyor, issued a current and valid certificate of registration in 4
26	26		accordance with the provisions of this chapter, when performing surveying services at the request 5
27	27		of a landowner or person with an interest in real estate, may, without the consent of the owner or 6
28	28		person in possession, enter upon or cross any lands, air, space or water resource, whether publicly 7
29	29		or privately owned, except for property owned or operated by a public or private utility, railroad, 8
30	30		airport or limited access highway, security facility (prison) or any property with a documented 9
31	31		safety or security plan, necessary to perform surveying services. 10
32	32		(b) Nothing in this section shall be construed as authorizing a professional land surveyor 11
33	33		to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another 12
34	34		without the permission of the owner. 13
35	35		(c) This section shall not be construed to provide statutory protection from civil liability 14
36	36		for actual damage to land, chattels, crops, trees, structures or personal property. 15
37	37		(d) This section shall not be construed to authorize a professional land surveyor to enter 16
38	38		any building or structure. 17
39	39		(e) A professional land surveyor shall make reasonable effort to notify a landowner and 18
40	40		person in possession upon whose land, air, space or water resource it is necessary for the 19
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43		-	LC001637~~/SUB A~~ - Page 2 of 4
	43	+	LC001637 - Page 2 of 4
44	44		professional land surveyor to enter or cross. Notice provided as follows meets the requirement of 1
45	45		this subsection: 2
46	46		(1) Written notice delivered by hand to the person in possession of the land and the 3
47	47		landowner or to the residence of the landowner upon whose land, air, space or water resource the 4
48		-	surveyor may enter or cross, delivered at least ~~seventy-two~~ (72) hours prior to the surveyor's 5
	48	+	surveyor may enter or cross, delivered at least twenty-four (24) hours prior to the surveyor's 5
49	49		entering the land, air, space or water resource; or 6
50	50		(2) Written notice mailed by first class mail to the person in possession of the land and the 7
51	51		landowner upon whose land, air, space or water resource the surveyor may enter or cross, 8
52		-	postmarked at least ~~seven~~ (7) days prior to the surveyor's entering the land, air, space or water 9
	52	+	postmarked at least five (5) days prior to the surveyor's entering the land, air, space or water 9
53	53		resource. The surveyor may rely on the address of the landowner as contained in the municipal 10
54	54		property tax records or their equivalent. 11
55	55		(f) Surveyors who enter land, air, space or water resource pursuant to this section shall 12
56	56		carry on their person identification sufficient to identify themselves and their employer or principal 13
57	57		and shall present the identification upon request. 14
58	58		(g) Vehicular access to perform surveys is limited to established roads and trails, unless 15
59	59		approval for other vehicular access is granted by the landowner. 16
60	60		(h) Approval of the landowner is required for the clearing of trees, brush, or other 17
61	61		vegetation. 18
62	62		(i) A registered professional land surveyor, or any employee or agent of the land surveyor, 19
63	63		who enters land as allowed under this section is owed no greater duty of care than that owed by a 20
64	64		landowner to a trespasser. 21
65	65		(j) As an act of good will and in order to keep the landowner informed, a professional land 22
66	66		surveyor shall supply the landowner with information on located, established, or reestablished 23
67	67		corners that lie on the land or that may affect the boundaries of the land. Upon request, the 24
68	68		professional land surveyor shall provide the landowner with a copy of any relevant survey filed or 25
69	69		recorded. 26
70	70		(k) A professional land surveyor and the surveyor's assistant shall comply with any other 27
71	71		federal and state safety rules and regulations that apply to the land that they enter or cross in addition 28
72	72		to the provisions set forth in this section. 29
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76	76		SECTION 2. This act shall take effect upon passage. 1
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83	83		EXPLANATION
84	84		BY THE LEGISLATIVE COUNCIL
85	85		OF
86	86		A N A C T
87	87		RELATING TO BUSINESSES AND PROFESSIONS - LAND SURVEYORS
88	88		***
89	89		This act would grant a right of entry for a professional land surveyor issued a current and 1
90	90		valid certificate of registration performing surveying services for a landowner to enter upon or cross 2
91	91		any lands, air, space or water resource, whether publicly or privately owned, except for property 3
92	92		owned or operated by a public or private utility, private railroad, airport or limited access highway, 4
93	93		security facility (prison) or any property with a documented safety or security plan, necessary to 5
94		-	perform surveying services. Prior to entry, the surveyor would provide notice to the owner and the 6
95		-	possessor of land which written notice must be delivered by hand at least seventy-two (72) hours 7
96		-	before entry or mailed by first class mail, and post marked seven (7) days before entry. The land 8
97		-	surveyor would not be protected from any claim resulting in damage caused by the surveyor and 9
98		-	the owner and possessor of land would owe no greater duty of care to the surveyor than that owed 10
99		-	by a landowner to a trespasser. 11
100		-	This act would take effect upon passage. 12
	94	+	perform surveying services. Prior to entry, the surveyor would provide at least twenty-four (24) 6
	95	+	hours' notice to the owner and the possessor of land. The land surveyor would not be protected 7
	96	+	from any claim resulting in damage caused by the surveyor and the owner and possessor of land 8
	97	+	would owe no greater duty of care to the surveyor than that owed by a landowner to a trespasser. 9
	98	+	This act would take effect upon passage. 10
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