Terms Used In West Virginia Code > Chapter 30 > Article 13A - Land Surveyors

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person making application for a license or a firm making application for a certificate of authorization, under the provisions of this article. See West Virginia Code 30-13A-3
• Board: means the West Virginia Board of Professional Surveyors. See West Virginia Code 30-13A-3
• Certificate holder: means a firm holding a certificate of authorization issued by the board. See West Virginia Code 30-13A-3
• Certificate of authorization: means a certificate issued under the provisions of this article to a firm providing surveying services. See West Virginia Code 30-13A-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Direct supervision: means the responsible licensee is in direct control of all field and office surveying operations. See West Virginia Code 30-13A-3
• Endorsee: means a person holding an endorsement to practice in a specialized field of surveying issued by the board under the provisions of this article. See West Virginia Code 30-13A-3
• Endorsement: means an authorization, in addition to a professional surveyor license, to practice in a specialized field of surveying issued by the board. See West Virginia Code 30-13A-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Firm: means any nongovernmental business entity, including an individual, association, partnership or corporation, providing surveying services. See West Virginia Code 30-13A-3
• Fraud: Intentional deception resulting in injury to another.
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Inactive: means the status granted by the board to a licensee or endorsee. See West Virginia Code 30-13A-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• land surveying: means providing, or offering to provide, professional services using such sciences as mathematics, geodesy, and photogrammetry, and involving both:

  (1) The making of geometric measurements and gathering related information pertaining to the physical or legal features of the earth, improvements on the earth, the space above, on or below the earth. See West Virginia Code 30-13A-3

• License: means a surveying license issued under the provisions of this article. See West Virginia Code 30-13A-3
• Licensee: means a person holding a surveying license issued under the provisions of this article. See West Virginia Code 30-13A-3
• Monument: means a permanent marker, either boundary or nonboundary, used to establish corners or mark boundary lines of a parcel of land or reference the geospatial relationship of other objects. See West Virginia Code 30-13A-3
• Oil or gas well survey: means a survey and plat of a proposed oil or gas well, including the location of the well, the surface or mineral tract on which the well is located, the physical features surrounding the well, all creeks or streams near the well and any other identifying characteristics of the land to specify the location of the well. See West Virginia Code 30-13A-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Photogrammetry: means the use of aerial photography, other imagery and surveying principles to prepare scaled maps or other survey products reflecting the contours, features and fixed works of the earth'. See West Virginia Code 30-13A-3
• Practice of surveying: means providing professional surveying services, including consulting, investigating, expert testimony, evaluating, planning, mapping and surveying. See West Virginia Code 30-13A-3
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Quorum: The number of legislators that must be present to do business.
• Responsible charge: means direct control of surveying work under the direct supervision of a licensee or person authorized in another state or country to engage in the practice of surveying. See West Virginia Code 30-13A-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Statute: A law passed by a legislature.
• Strip: means a description of an area by reference to an alignment, usually a right-of-way or an easement, stating the number of feet on each side of the alignment, the relative position of the alignment, a reference to the measurements and monuments where the alignment crosses a parcel of land and the source of title for each parcel of land the alignment crosses. See West Virginia Code 30-13A-3
• Subdivision: means the division of a lot, tract or parcel of land into two or more lots, tracts or parcels of land. See West Virginia Code 30-13A-3
• Surface mine survey: means a survey of the surface mine permit area, including the location of the surface mine, the surface or mineral tracts on which the surface mine is located, the physical features surrounding the surface mine, all creeks or streams near the surface mine and any other identifying characteristics of the land to specify the location of the surface mine permit area. See West Virginia Code 30-13A-3
• Surveyor intern: means a person who has passed an examination covering the fundamentals of land surveying. See West Virginia Code 30-13A-3
• Surveyor-in-charge: means a licensee designated by a firm to oversee the surveying activities and practices of the firm. See West Virginia Code 30-13A-3
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.