Section 9-105. Right of entry for professional land surveyor performing surveying services


Latest version.
  • 1.  When  performing  surveying  services   as   a  professional land surveyor licensed under article one hundred forty-five
      of  the  education  law,  the  land  surveyor  and  authorized agents or
      employees of any such land surveyor may enter upon or  cross  any  lands
      necessary  to  perform surveying services provided that the surveyor and
      authorized agents or employees of such land surveyor:
        a. makes reasonable efforts to notify the landowner or, in the case of
      a lease, the lessee thereof of his or her intention to  enter  upon  the
      owner's or lessee's land to make a land survey;
        b. operates upon such lands during reasonable hours;
        c. operates within a reasonable distance from the property line of the
      land being surveyed; and
        d.   carries   proper  identification  as  to  their  registration  or
      employment  and  displays  such  identification  to  anyone   requesting
      identification.
        2. Nothing in this section shall be construed to:
        a.  remove  civil  liability  for  damage  to land, chattels, crops or
      personal property; or
        b. authorized any professional  land  surveyor,  authorized  agent  or
      employee  to  enter any building or structure used as a residence or for
      storage.