House File 743 - Introduced



                                    HOUSE FILE       
                                    BY  COMMITTEE ON LOCAL GOVERNMENT

                                    (SUCCESSOR TO HF 480)

    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the entry upon land by a surveyor for land
  2    survey purposes.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2310HV 83
  5 jr/sc/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  354.4A  ENTRY UPON LAND FOR
  1  2 SURVEY PURPOSES.
  1  3    1.  a.  A land surveyor may enter public or private land or
  1  4 water in the state only to occupy, locate, relocate, install,
  1  5 or replace survey monuments, to locate boundaries,
  1  6 rights=of=way, and easements, to determine geodetic positions,
  1  7 and to make surveys and maps and may carry with them their
  1  8 customary equipment and vehicles.  Entry under the right
  1  9 granted in this section shall not constitute trespass, and
  1 10 land surveyors shall not be liable to arrest or a civil action
  1 11 by reason of the entry.
  1 12    b.  For purposes of this section, "land surveyor" means a
  1 13 land surveyor licensed pursuant to chapter 542B or a person
  1 14 under the direct supervision of a licensed land surveyor.
  1 15    2.  A vehicle used for or during entry pursuant to this
  1 16 section shall be identified on the exterior by a legible sign
  1 17 listing the name, address, and telephone number of the land
  1 18 surveyor or the firm employing the land surveyor.
  1 19    3.  To the extent practicable, land surveyors shall
  1 20 announce and identify themselves and their intentions before
  1 21 entering upon private property.  This notice is not required
  1 22 for a survey along previously surveyed boundaries within a
  1 23 platted subdivision accepted or recorded by the federal
  1 24 government or approved and recorded under chapters 354 and 355
  1 25 or preceding land surveying laws of this state.
  1 26    4.  This section shall not be construed as giving authority
  1 27 to land surveyors to destroy, injure, or damage anything on
  1 28 the lands of another without the written permission of the
  1 29 landowner, and this section shall not be construed as removing
  1 30 civil liability for such destruction, injury, or damage.
  1 31    5.  A land surveyor who enters on private land must comply
  1 32 with all biosecurity and restricted=access protocols
  1 33 established by the owner or occupant of the private land.
  1 34    6.  An owner or occupant of private land owes no duty of
  1 35 care to a land surveyor entering upon such private land under
  2  1 the provisions of this section, and such owner or occupant
  2  2 shall not be liable for any injury or damage sustained by a
  2  3 land surveyor entering upon such private land unless the
  2  4 damage or injury is caused by the willful or malicious conduct
  2  5 of the owner or occupant.
  2  6                           EXPLANATION
  2  7    This bill creates a right of entry for a licensed land
  2  8 surveyor or a person under the direct supervision of a
  2  9 licensed land surveyor, hereinafter referred to as surveyors.
  2 10    The bill provides that a surveyor may enter public or
  2 11 private land or water in order to occupy, locate, relocate,
  2 12 install, or replace survey monuments, to locate boundaries,
  2 13 rights=of=way, and easements, to determine geodetic positions,
  2 14 and to make surveys and maps.  To the extent practicable,
  2 15 surveyors are required to announce and identify themselves and
  2 16 their intentions before entering upon private property.
  2 17 Surveyors who enter on private land must comply with all
  2 18 biosecurity and restricted=access protocols established by the
  2 19 owner or occupant of the private land.
  2 20    The bill provides that the right of entry does not
  2 21 authorize surveyors to destroy, injure, or damage anything on
  2 22 the lands of another and does not remove civil liability for
  2 23 destruction, injury, or damage.  The bill also provides that
  2 24 the owner or occupant of the land is not liable for any injury
  2 25 or damage sustained by any person entering upon the owner's
  2 26 land under the provisions of this section, unless the damage
  2 27 or injury is caused by the willful or malicious conduct of the
  2 28 owner or occupant.
  2 29 LSB 2310HV 83
  2 30 jr/sc/14