An Act to Establish a Right of Entry for Surveyors Performing Surveying Services LR0880(02)
Maine Legislature, Session 121, LD 1342
Committee Amendment CA_A_H196 (House)

COMMITTEE AMENDMENT ,./}":. to H. P . 
To 
Establish a 
Right of Entry 
988, L.D. 1342, Bill, "An 
for 
Surveyors Performing 
Surveying Services" 
Amend 
the bill in 
section 
in 
that part designated 
"S13913." in subsection 4 in the last line (page 1, line 34 in 
L.D.) by inserting after the following: 
"cross." the following: 
'Notice 
provided 
as 
follows 
meets 
the 
requirement 
of 
this 
subsection: 
A. 
Written notice delivered by hand to the landowner or to 
the residence of the landowner upon whose land the surveyor 
may enter or cross, delivered at least 24 hours prior to the 
surveyor's entering the land; or 
B. 
Written notice mailed 
by first class mail 
to 
the 
landowner upon whose land the surveyor may enter or cross, 
postmarked at least 5 days prior to the surveyor's entering 
the land. 
The surveyor may rely on the address of the 
landowner as contained in the municipal property tax records 
or their equivalent.' 
Further amend the bill in section 1 in that part designated 
"SI3913." by striking out all of subsection 5 (page 1, lines 36 
to 39 in L.D.) and inserting in its place the following: 
'5. 
Owner or occupant of land: duty of care: liability. 
The duty of care an owner or occupant owes to the professional 
Page I-LR0880(2) 
COMMITTEE AMENDMENT 
~ ~t;, 
~ ~. 
COMMITTEE AMENDMENT ,~ to H,P, 988, L.D. 1342 
land surveyor and the surveyor's assistant is the same as that 
owed a trespasser.' 
Further amend the bill in section 1 in that part designated 
"§13913." by inserting after subsection 6 the following: 
'7. 
Compliance with safety regulations. 
A professional 
land surveyor and the surveyor's assistant shall comply with all 
federal and state safety rules and regulations that apply to the 
land that they enter or cross pursuant to this section.' 
SUMMARY 
This amendment makes 3 changes to the bill. 
First, it establishes criteria that satisfy the requirement 
that reasonable effort be made to notify the landowner whose land 
the surveyor may need to enter or cross to carry out a survey. 
Written 
notice 
delivered 
by 
hand 
to 
the 
landowner 
or 
the 
landowner's residence at least 24 hours before entry, or written 
notice by first class mail postmarked at least 5 days before the 
entry 
both 
qualify 
as 
reasonable 
efforts 
to 
notify 
the 
landowner. 
The surveyor may rely on the mailing address in the 
property tax records for provision of notice by mail to the 
landowner. 
Second, this amendment replaces the 
prov~s~on stating that 
the landowner is not liable for any injuries suffered by the 
surveyor on the landowner's property. 
This could be construed to 
provide that the landowner was not liable for intentional torts 
committed against the surveyor. 
Instead, this amendment provides 
that the duty of care owed by the owner or occupant of the land 
is the same duty of care owed to a trespasser. 
This duty of 
care, established by case law, is the duty to refrain from 
wantonly, willfully or recklessly causing harm to the surveyor or 
the surveyor's assistant. 
Third, this amendment requires professional land surveyors 
and their assistants to comply with state and federal safety 
rules and regulations applicable to the land crossed or entered. 
For example, surveyors must comply with the rules and regulations 
governing gravel pits when on property on which a gravel pit is 
located. 
FISCAL .\OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/11103 frae. 
Office of Fiscal and Program Review 
LD 1342 
An Act to Establish a Right of Entry for Surveyors Performing 
Surveying Services 
LR0880(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR0880(2) - Fiscal Note - Page 1 of 1