Senate File 435 - Introduced SENATE FILE BY COMMITTEE ON LOCAL GOVERNMENT (SUCCESSOR TO SF 255) Passed Senate, Date Passed House, 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 2310SV 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 A landowner or occupant shall owe the same duty to a land 1 35 surveyor entering land without the consent of the landowner or 2 1 occupant as the landowner or occupant would owe to a 2 2 trespasser on that land. 2 3 EXPLANATION 2 4 This bill creates a right of entry for a licensed land 2 5 surveyor or a person under the direct supervision of a 2 6 licensed land surveyor, hereinafter referred to as surveyors. 2 7 The bill provides that a surveyor may enter public or 2 8 private land or water in order to occupy, locate, relocate, 2 9 install, or replace survey monuments, to locate boundaries, 2 10 rights=of=way, and easements, to determine geodetic positions, 2 11 and to make surveys and maps. To the extent practicable, 2 12 surveyors are required to announce and identify themselves and 2 13 their intentions before entering upon private property. 2 14 Surveyors who enter on private land must comply with all 2 15 biosecurity and restricted=access protocols established by the 2 16 owner or occupant of the private land. 2 17 The bill provides that the right of entry does not 2 18 authorize surveyors to destroy, injure, or damage anything on 2 19 the lands of another and does not remove civil liability for 2 20 destruction, injury, or damage. The bill also provides that 2 21 the owner or occupant of the land is not liable for any injury 2 22 or damage sustained by any person entering upon the owner's 2 23 land under the provisions of this section, unless the damage 2 24 or injury is caused by the willful or malicious conduct of the 2 25 owner or occupant. The bill provides that a landowner or 2 26 occupant owes the same duty to a land surveyor entering land 2 27 without the consent of the landowner or occupant as the 2 28 landowner or occupant would owe to a trespasser on that land. 2 29 LSB 2310SV 83 2 30 jr/sc/14