ATTORNEY GENERAL HENRY HAS REFERRED TO YOUR LETTER REGARDING LAND SURVEYING TO ME FOR A RESPONSE. AS I UNDERSTAND IT, YOU WANT TO KNOW WHETHER CERTAIN PRACTICES CONSTITUTE "THE PRACTICE OF LAND SURVEYING UNDER 59 O.S. 475.2(7), PART OF THE ENGINEERS AND LAND SURVEYORS ACT. YOU LIST A NUMBER OF THE ACTIVITIES WITH WHICH YOU ARE CONCERNED, INCLUDING THE STAKING OF CONSTRUCTION PROJECTS, AERIAL MAPPING, MINING SURVEYING, GEODETIC SURVEYING, CADASTRAL SURVEYING , AND MICROWAVE PATH SURVEYING. YOU EXPLAIN THAT THE LIST YOU HAVE PROVIDED IS NOT MEANT TO BE EXCLUSIVE BUT RATHER INDICATES ONLY SOME OF THE ACTIVITIES WITH WHICH YOU ARE CONCERNED. YOU ADD THAT YOU WOULD LIKE TO KNOW WHAT GENERAL PRINCIPLES SHOULD BE APPLIED IN DETERMINING WHETHER A PARTICULAR ACTIVITY CONSTITUTES THE PRACTICE OF LAND SURVEYING. YOU SHOULD UNDERSTAND THAT WHAT FOLLOWS IS THE OPINION OF THE UNDERSIGNED ASSISTANT ATTORNEY GENERAL AND THAT THIS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL HIMSELF.
AS YOU HAVE NOTED, YOUR QUESTION REQUIRES AN INTERPRETATION OF 59 O.S. 475.2(7), WHICH STATES: "THE TERM 'PRACTICE OF LAND SURVEYING', AS USED IN THIS ACT, SHALL MEAN ANY SERVICE OR WORK, THE ADEQUATE PERFORMANCE OF WHICH INVOLVES THE APPLICATION OF SPECIAL KNOWLEDGE OF THE PRINCIPLES OF MATHEMATICS, THE RELATED PHYSICAL AND APPLIED SCIENCES AND THE RELEVANT REQUIREMENTS OF LAW FOR ADEQUATE EVIDENCE TO THE ACT OF MEASURING AND LOCATING LINES, ANGLES, ELEVATIONS, NATURAL AND MANMADE FEATURES IN THE AIR, ON THE SURFACE OF THE EARTH, WITHIN UNDERGROUND WORKINGS AND ON THE BEDS OF BODIES OF WATER FOR THE PURPOSE OF DETERMINING AREAS AND VOLUMES, FOR THE MONUMENTING OF PROPERTY AND LAND BOUNDARIES AND FOR THE PLATTING AND LAYOUT OF LANDS AND SUBDIVISIONS THEREOF, INCLUDING THE TOPOGRAPHY, AND FOR THE PREPARATION AND PERPETUATION OF MAPS, RECORD PLATS, FIELD NOTE RECORDS AND PROPERTY DESCRIPTIONS THAT REPRESENT THESE SURVEYS."
IN ANALYZING STATUTES, SEVERAL INTERPRETIVE RULES HAVE EVOLVED. THE FUNDAMENTAL RULE IS TO DETERMINE THE INTENT OF THE LEGISLATURE FROM THE WORDING OF THE STATUTE. HUMPHREY V. DENNEY, 757 P.2D 833 (OKLA. 1988); FULLER V. ODOM, 741 P.2D 449 (OKLA. 1987). IN THE ABSENCE OF SPECIFIC DEFINITIONS SET FORTH IN A STATUTE, THE WORDS USED ARE TO BE GIVEN THEIR ORDINARY, EVERYDAY MEANINGS. MATTER OF INCOME TAX PROTEST OF ASHLAND EXPLORATION. INC., 751 P.2D 1070 (OKLA. 1988); HESS V. EXCISE BOARD OF MCCURTAIN COUNTY, 698 P.2D 930 (OKLA. 1985). STATUTES SHOULD BE CONSTRUED AS WHOLE, SO TO GIVE EFFECT, IF POSSIBLE, TO ALL OF THEIR PROVISIONS. COWART V. PIPER AIRCRAFT CORP., 665 P.2D 315 (OKLA. 1983); WOOD V. INDEPENDENT SCHOOL DISTRICT NO. 141 OF POTTAWATOMIE COUNTY, 661 P.2D 892 (OKLA. 1983).
ON THE BASIS OF THESE GENERAL PRINCIPLES, I THINK THAT THE BEST APPROACH IN INTERPRETING THE TERM "PRACTICE OF LAND SURVEYING" IN 59 O.S. 475.2(7) IS TO DIVIDE THE RATHER LENGTHY DEFINITION THERE SET FORTH INTO THREE COMPONENTS. UNDER THIS APPROACH, "THE PRACTICE OF LAND SURVEYING" REFERS TO ACTIVITIES WHICH INVOLVE ALL THREE OF THE FOLLOWING:
(1) APPLICATION OF THE PRINCIPLES OF MATHEMATICS, THE RELATED