Senate File 435 - Reprinted
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. A surveyor may not enter
1 9 buildings or other structures located on the land. Entry
1 10 under the right granted in this section shall not constitute
1 11 trespass, and land surveyors shall not be liable to arrest or
1 12 a civil action by reason of the entry.
1 13 b. For purposes of this section, "land surveyor" means a
1 14 land surveyor licensed pursuant to chapter 542B or a person
1 15 under the direct supervision of a licensed land surveyor.
1 16 c. Vehicular access to perform surveys under this section
1 17 is limited to established roads and trails, unless approval
1 18 for other vehicular access is granted by the landowner.
1 19 2. A vehicle used for or during entry pursuant to this
1 20 section shall be identified on the exterior by a legible sign
1 21 listing the name, address, and telephone number of the land
1 22 surveyor or the firm employing the land surveyor.
1 23 3. Land surveyors shall announce and identify themselves
1 24 and their intentions before entering upon private property. A
1 25 land surveyor shall provide written notice to the landowner,
1 26 or the person who occupies the land as a tenant or lessee, not
1 27 less than seven days prior to the entry. The notice shall be
1 28 sent by ordinary mail, postmarked not less than seven days
1 29 prior to the entry, or delivered personally. A mailing is
1 30 deemed sufficient if the surveyor mails the required notice to
1 31 the address of the landowner as contained in the property tax
1 32 records. For civil liability purposes receipt of this notice
1 33 shall not be considered consent. This notice is not required
1 34 for a survey along previously surveyed boundaries within a
1 35 platted subdivision accepted or recorded by the federal
2 1 government.
2 2 3A. The written notice of the pending survey shall contain
2 3 all of the following:
2 4 a. The identity of the party for whom the survey is being
2 5 performed and the purpose for which the survey will be
2 6 performed.
2 7 b. The employer of the surveyor.
2 8 c. The identity of the surveyor.
2 9 d. The dates the land will be entered, the time, location,
2 10 and timetable for such entry, the estimated completion date,
2 11 and the estimated number of entries that will be required.
2 12 4. This section shall not be construed as giving authority
2 13 to land surveyors to destroy, injure, or damage anything on
2 14 the lands of another without the written permission of the
2 15 landowner, and this section shall not be construed as removing
2 16 civil liability for such destruction, injury, or damage.
2 17 5. A land surveyor who enters on private land must comply
2 18 with all biosecurity and restricted=access protocols
2 19 established by the owner or occupant of the private land.
2 20 A landowner or occupant shall owe the same duty to a land
2 21 surveyor entering land without the consent of the landowner or
2 22 occupant as the landowner or occupant would owe to a
2 23 trespasser on that land.
2 24 SF 435
2 25 jr/sc/jh/26