Kentucky Statutes 322.470 – Right of entry on land of others by land surveyor — Notification of landowner — Liability of landowner
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As used in this section, “professional land surveyor” shall include the agents, the employees, and any personnel under the supervision of a professional land surveyor.
(1) A professional land surveyor may go on, over, and upon the lands of others if necessary to perform surveys for the location of property corners, boundary lines, rights-of-way, and easements, and may carry with them their customary equipment and vehicles.
(a) Entry under the right hereby granted shall not constitute trespass; and
(b) A professional land surveyor shall not be liable to arrest or a civil action by reason of this entry.
(2) Nothing in this section shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner; and nothing in this section shall be construed as removing civil liability for these damages.
(3) A professional land surveyor shall make reasonable effort to notify adjoining landowners upon whose land it is necessary to enter.
(4) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon his or her land under the provisions of this section.
Effective: January 1, 1999
History: Amended 1998 Ky. Acts ch. 214, sec. 38, effective January 1, 1999. — Amended 1986 Ky. Acts ch. 291, sec. 37, effective July 15, 1986. — Created 1982
Ky. Acts ch. 115, sec. 1, effective July 15, 1982.
(1) A professional land surveyor may go on, over, and upon the lands of others if necessary to perform surveys for the location of property corners, boundary lines, rights-of-way, and easements, and may carry with them their customary equipment and vehicles.
Terms Used In Kentucky Statutes 322.470
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Land surveyor: means a person who is qualified to engage in the practice of land surveying by reason of special knowledge and use of mathematics, the physical and applied sciences, and the principles and methods of land surveying, acquired by education and practical experience in land surveying. See Kentucky Statutes 322.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Professional land surveyor: means a person who is licensed as a professional land surveyor by the board. See Kentucky Statutes 322.010
(a) Entry under the right hereby granted shall not constitute trespass; and
(b) A professional land surveyor shall not be liable to arrest or a civil action by reason of this entry.
(2) Nothing in this section shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner; and nothing in this section shall be construed as removing civil liability for these damages.
(3) A professional land surveyor shall make reasonable effort to notify adjoining landowners upon whose land it is necessary to enter.
(4) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon his or her land under the provisions of this section.
Effective: January 1, 1999
History: Amended 1998 Ky. Acts ch. 214, sec. 38, effective January 1, 1999. — Amended 1986 Ky. Acts ch. 291, sec. 37, effective July 15, 1986. — Created 1982
Ky. Acts ch. 115, sec. 1, effective July 15, 1982.