Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 121. Professional Land Surveyors (heading. Pl 1989, C. 346, @3 (new))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 121. PROFESSIONAL LAND SURVEYORS (HEADING. PL 1989, c. 346, @3 (new))

Title 32 - §13901. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13901. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1989, c. 346, §3 (new).]

1. Board. "Board" means the Board of Licensure for Professional Land Surveyors. [1989, c. 346, §3 (new).]

2. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1989, c. 346, §3 (new).]

3. Department. "Department" means the Department of Professional and Financial Regulation. [1989, c. 346, §3 (new).]

4. Professional land surveyor. "Professional land surveyor" means any person who has been licensed as a professional land surveyor by the board. [1989, c. 346, §3 (new).]

5. Land surveyor-in-training. "Land surveyor-in-training" means any person who has been licensed as a land surveyor-in-training by the board. [1991, c. 509, §38 (amd).]

6. Practice of land surveying. "Practice of land surveying" means any service or work involving the application of special knowledge of the rules of evidence and boundary laws, principles of mathematics and the related physical and applied sciences for measuring and locating lines, angles, elevations, natural and man-made features in the air, on the surface of the earth, within underground workings and on the beds of bodies of water. This service or work shall be for the purposes of determining areas and volumes, for the monumenting of property boundaries and for the platting and layout of lands and subdivisions of land, including topography, alignment and grades of streets and for the preparation and perpetuation of maps, record plats, field note records and property descriptions that represent these surveys. A person shall be deemed to practice or offer to practice land surveying within the meaning and intent of this chapter if that person engages in land surveying or by verbal claim, sign, advertisement, letterhead, card or in any other way makes a representation that the person is a professional land surveyor or makes a representation that the person is able to perform or does perform any land surveying service or work or any other service designated by the practitioner that is recognized as land surveying. [1989, c. 346, §3 (new).]

7. Responsible charge. "Responsible charge" means direct control and personal supervision of land surveying. [1989, c. 346, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Title 32 - §13902. Board of Licensure for Professional Land Surveyors; establishment; compensation

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13902. Board of Licensure for Professional Land Surveyors; establishment; compensation

1. Establishment and membership. As established in Title 5, section 12004-A, the Board of Licensure for Professional Land Surveyors shall exist within the Department of Professional and Financial Regulation. The board shall consist of 7 members appointed by the Governor, of which 5 shall be professional land surveyors and 2 shall be public members. Each member of the board shall be a citizen of the United States and a resident of this State, and all land surveyor members shall be licensed professional land surveyors and shall have been licensed as professional land surveyors for not less than 10 years. A public member may not be or have been a professional land surveyor. [1989, c. 346, §3 (new).]

2. Terms of appointment; removal. Appointments are for 5-year terms. Appointments of members must comply with section 60. The Governor may remove a member of the board for cause. [1993, c. 600, Pt. A, §275 (amd).]

3. Compensation. [1995, c. 397, §115 (rp).]

4. Meetings; officers; quorum; seal. The board shall meet at least once a year to conduct its business and to elect its officers. Additional meetings shall be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. The board shall elect or appoint annually a chair, a vice-chair and a secretary. A quorum of the board shall consist of not less than 4 members. The board may adopt and have an official seal. [1989, c. 346, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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Title 32 - §13903. Board of Licensure of Professional Land Surveyors; powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13903. Board of Licensure of Professional Land Surveyors; powers and duties

1. Powers. The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensing. The board may examine witnesses and administer oaths and shall investigate or cause to be investigated any complaints made to it of any cases of noncompliance with or violations of this chapter. [1989, c. 346, §3 (new).]

2. Rules. The board may, in accordance with the Maine Administrative Procedure Act, adopt rules necessary for the proper performance of its duties and the administration of this chapter. [1993, c. 659, Pt. A, §11 (amd); §15 (aff).]

3. Hearings. Hearings may be conducted by the board to assist with investigations to determine whether grounds exist for nonrenewal, suspension, revocation or denial of a license, or other disciplinary action as necessary to the fulfillment of its responsibilities under this chapter. [1989, c. 346, §3 (new).]

4. Contracts. [1995, c. 397, §116 (rp).]

5. Employees. [1995, c. 397, §116 (rp).]

6. Records; report. The board shall keep records and minutes as are necessary to the ordinary dispatch of its functions. On or before August 1st of each year, the board shall submit to the commissioner, for the preceding year ending June 30th, its annual report of its operations and financial position, together with comments and recommendations as the board deems essential. [1989, c. 346, §3 (new).]

7. Budget. [1995, c. 397, §116 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13904. Licensing

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13904. Licensing

1. License required. Except as provided in section 13912, a person may not practice land surveying or profess to be a professional land surveyor or land surveyor-in-training unless the person is licensed in accordance with this chapter. [1991, c. 509, §39 (amd).]

2. Individual licenses. Only an individual may be licensed under this chapter. [1989, c. 346, §3 (new).]

3. Penalty. A person who violates this section is guilty of a Class E crime. [1989, c. 346, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13905. Requirements for licensing

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13905. Requirements for licensing
p align="center"> $HN1. Land surveyor-in-training licensing.$HN An applicant for licensing as a land surveyor-in-training shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements. p align="center">A. A college graduate with a baccalaureate degree, which includes a minimum surveying core curriculum approved by the board, who has passed a written examination in the fundamentals of land surveying must be licensed as a land surveyor-in-training, if the applicant is otherwise qualified. [1991, c. 509, §40 (amd).]p align="center">B. A college graduate with an associate degree, which includes a minimum surveying core curriculum approved by the board, who has had 2 years of surveying experience acceptable to the board and has passed a written examination in the fundamentals of land surveying must be licensed as a land surveyor-in-training, if the applicant is otherwise qualified. [1991, c. 509, §40 (amd).]p align="center">C. A person who has completed a minimum surveying core curriculum approved by the board, has had 6 years of surveying experience acceptable to the board, and has passed a written examination in the fundamentals of land surveying must be licensed as a land surveyor-in-training, if the applicant is otherwise qualified. [1991, c. 509, §40 (amd).]p align="center">D. A person who has had 7 years of surveying experience acceptable to the board and has passed a written examination in the fundamentals of land surveying must be licensed as a land surveyor-in-training, if the applicant is otherwise qualified. [1991, c. 509, §40 (amd).]p align="center">E. A person holding a license as a surveyor-in-training issued on comparable qualifications from a state, territory or possession of the United States with experience satisfactory to the board must be given comity consideration. The applicant may be required to take examinations as the board determines necessary to determine the applicant's qualifications. [1991, c. 509, §40 (amd).]p align="center">F. Any person certified as a land surveyor-in-training on September 30, 1989 is allowed to continue in that capacity until the certification is due for renewal. At that time and upon payment of the appropriate fee, the person must be granted a license as a land surveyor-in-training, notwithstanding any other requirement of this section. [1991, c. 509, §40 (amd).]p align="center">G. Any person whose application for certification as a land surveyor-in-training has been received by the board before September 30, 1989 is subject to the licensure provisions of the law then in effect. This provision also includes any person who had submitted and had approved by the board in writing a minimum course of study to satisfy the licensing requirements then in effect. [1991, c. 509, §40 (amd).] [1991, c. 509, §40 (amd).]

2. Professional land surveyor's licensing. An applicant for licensing as a professional land surveyor shall file a written application on forms provided by the board, showing to the satisfaction of the board that the applicant meets the following requirements.

A. A land surveyor-in-training with a specific record of 2 additional years of progressive combined office and field experience, or if licensed before February 1, 1990, a total of 7 years of surveying experience either before or after licensure as a land surveyor-in-training, satisfactory to the board under the responsible charge of a professional land surveyor must be admitted to a written examination in the principles and practice of land surveying. Upon passing the examination, the applicant must be granted a license to practice land surveying in this State if the applicant is otherwise qualified. [1993, c. 307, §1 (amd).]

B. A person holding a license as a professional land surveyor issued on comparable qualifications from a state, territory or possession of the United States with experience satisfactory to the board shall be given comity consideration. The applicant may be required to take examinations as the board determines necessary to determine the applicant's qualifications. [1989, c. 346, §3 (new).]

C. Persons registered on the effective date of this section shall be allowed to continue to practice land surveying until their registration is due for renewal. At that time, they shall be granted a license to practice, notwithstanding any other requirement of this section. [1989, c. 346, §3 (new).]

D. Any person whose application for registered land surveyor has been received by the department before the change in law becomes effective shall come under the licensure provisions of the law then in effect. This provision shall also include any person who had submitted and had approved by the board in writing a minimum course of study to satisfy the licensing requirements then in effect. [1989, c. 346, §3 (new).]

[1993, c. 307, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13906. Examinations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13906. Examinations

Written examinations shall be held at times and places as the board determines. [1989, c. 346, §3 (new).] div>
The passing grade on any examination must be established by the board. The applicant shall pay the required examination fee as set under section 13910-A. [2005, c. 262, Pt. C, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13907. License; seals; stamps

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13907. License; seals; stamps

The board shall issue a license, upon payment of a required fee as set under section 13910-A, to any applicant who, in the opinion of the board, has satisfactorily met the requirements of this chapter. The license authorizes the practice of land surveying. [2005, c. 262, Pt. C, §2 (amd).] div>
The issuance of a license by the board is evidence that the person named in the license is entitled to all the rights and privileges of a professional land surveyor or land surveyor-in-training while the license remains unrevoked or unexpired. [1991, c. 509, §42 (amd).] div>
Each applicant upon licensing shall obtain a seal of the design authorized by the board, bearing the licensee's name and the legend "professional land surveyor." [1991, c. 509, §42 (amd).] div>
All final documents, including plans, descriptions, reports, maps, plats or other drawings must be signed and sealed by the issuing professional land surveyor, as prescribed in the rules of the board. If an item bearing the seal of a professional land surveyor is altered, the altering professional land surveyor's seal and signature must be affixed with the notation "altered by", the date and a specific description of the alteration. No official of this State, or of any city, county, town or village in the State, charged with the enforcement of laws, rules, ordinances or regulations may accept or approve any plans or other documents, prepared within the meaning and intent of this chapter, that are not sealed and signed by the professional land surveyor under whose responsible charge they were completed. [1991, c. 509, §42 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13908. Term of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13908. Term of license

1. License renewal. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license is issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the required fee for the license as set under section 13910-A and upon the applicant's presenting evidence of compliance with the requirements of section 13908, subsection 4. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee as set under section 13910-A in addition to a required fee as set under section 13910-A. Any person who submits an application for renewal more than 90 days after the licensure renewal date is subject to all requirements governing new applicants under this chapter, including a late fee, renewal fee and filing fee as set under section 13910-A, except that the board may waive examination, giving due consideration to the protection of the public. [2005, c. 262, Pt. C, §3 (amd).]

2. Refusal to renew license. The board shall hold an adjudicatory hearing at the written request of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial and the right of the applicant to request a hearing. Hearings shall be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375. To the extent applicable, the board may subpoena witnesses, records and documents in any hearing it conducts. [1989, c. 346, §3 (new).]

3. Exemptions from expiration and renewal fees. Any person holding a valid license under this chapter on the date of entering employment in the Armed Forces of the United States during a period of war or employment in any wartime service outside the continental United States or any of its allied nations shall be exempt, for the duration of that employment, from the payment of all renewal fees and that person's license shall remain in effect until the next regular expiration date following the termination of that employment. [1989, c. 346, §3 (new).]

4. Continuing education. An applicant for license renewal as a professional land surveyor shall present evidence of having completed 12 hours of professional development in the previous biennium. This subsection does not apply to a person 65 years of age or older who practices less than 160 hours a year. Credit for development hours may be earned as follows.

A. At least 6 hours must be in courses in surveying practice or in courses in at least one of the following areas:

(1) General business administration or management;

(2) Land use regulation;

(3) Other related land use fields, including, but not limited to, civil or environmental engineering, site evaluation for septic system design, soils, landscape architecture, geology, forestry, title examination and insurance, and other legal issues related to real estate;

(4) Computer application skills or programming;

(5) Communication, including, but not limited to, speech and technical writing; or

(6) Other subject matters the understanding of which appreciably aids a land surveyor in the performance of professional duties.
[1995, c. 353, §26 (amd).]

B. One hour of professional development may be earned for every 900 hours of survey practice during the past biennium and one hour may be earned for each 3 years of full-time surveying practice as a registered or licensed surveyor during the time preceding the past biennium. [1993, c. 659, Pt. A, §12 (new); §15 (aff).]

C. The applicant may acquire professional development credit through the following professional activities.

(1) Credit may be earned by membership and participation in surveying organizations as follows.

(a) Membership in a surveying organization entitles the licensee to one credit hour.

(b) Holding a leadership position in a surveying organization entitles the licensee to an additional credit hour per biennium.

(c) Active participation in an active committee of a surveying organization entitles the licensee to an additional credit hour.

(d) Chairing an active committee of a surveying organization entitles the licensee to an additional credit hour.

(e) Attendance at a minimum of 50% of the general membership meetings of a surveying organization entitles the licensee to an additional credit hour.

(2) The licensee is entitled to 1 credit hour for membership in other associations, societies, boards or clubs related to a subject matter described in paragraph A.

(3) A licensee is entitled to one credit hour for each article, column or other significant work relevant to subject matter described in subsection 4, paragraph A that is published in a professional journal, magazine or other similar publication. Credit hours for works written by multiple authors must be divided pro rata.
[1993, c. 659, Pt. A, §12 (new); §15 (aff).]

The board may waive requirements of this subsection in cases of undue hardship and may accept for credit worthy professional development activities as determined by the board not specified in this subsection. The board shall adopt any rules necessary to implement this subsection. The provisions of this subsection must be reviewed by the joint standing committee of the Legislature having jurisdiction over business legislation matters by March 1, 1999. [1999, c. 335, §1 (amd); §3 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13909. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13909. Disciplinary actions

1. Complaints. The board shall, upon receipt of a written, signed complaint within its jurisdiction or upon its own motion, investigate and conduct a hearing on the violation by any person of any provision of this chapter or any rule adopted by the board. [1989, c. 346, §3 (new).]

2. Enforcement powers. The board may take one or more of the actions stipulated under Title 10, section 8003, subsection 5. [1989, c. 346, §3 (new).]

3. Disciplinary actions; grounds. The following are grounds for disciplinary action:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [1989, c. 346, §3 (new).]

B. Engaging in unprofessional conduct. A licensee engages in unprofessional conduct if the licensee violates any standard of professional behavior that reflects negligence, incompetency or misconduct in the practice of land surveying; [1989, c. 346, §3 (new).]

C. Subject to the limitations of Title 5, chapter 341, conviction of a crime which involves dishonesty or false statement or that relates directly to the practice for which the individual is licensed or convicted of any crime for which imprisonment for one year or more may be imposed; or [1989, c. 346, §3 (new).]

D. Any violation of this chapter or rules adopted by the board. [1989, c. 346, §3 (new).]

[1989, c. 346, §3 (new).]

4. Reinstatement. An application for reinstatement may be made to the board after one year from the date of revocation of a license. The board may reissue a license provided that 4 or more members of the board vote in favor of reinstatement. [1989, c. 346, §3 (new).]

5. Conduct of proceedings. The board shall conduct its disciplinary proceedings in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [1989, c. 346, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13910-A. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13910-A. Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $350. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2005, c. 262, Pt. C, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13910. Fees (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13910. Fees (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13911. Firms; partnerships; corporations; joint stock associations

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13911. Firms; partnerships; corporations; joint stock associations

A firm, partnership, corporation or joint stock association may practice, or offer to practice, land surveying in this State provided that the practice of land surveying is performed by the professional land surveyors licensed in this State. [1989, c. 346, §3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13912. Exemptions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13912. Exemptions

This chapter may not be construed to prevent the practice by: [1989, c. 346, §3 (new).]

1. Other professions. Any person licensed in this State under any other provision of law from engaging in the practice for which the person is licensed; [1989, c. 346, §3 (new).]

2. Federal Government employees. Officers and employees of the Federal Government while engaged within this State in the practice of land surveying for the Federal Government; [1991, c. 509, §44 (amd).]

3. Interstate commerce corporation employees. An officer or employee of a corporation engaged in interstate commerce as defined in the Act of Congress entitled "An Act to Regulate Commerce" approved February 4, 1887, as amended, or in interstate communication as defined in the Act of Congress entitled "Communications Act of 1934" approved June 9, 1934, while working solely as an employee of that corporation, provided an officer or employee of that corporation customarily in responsible charge of the surveying work of that corporation within this State is licensed under this chapter; or [1991, c. 509, §44 (amd).]

4. Employees. All employees working under the responsible charge of a professional land surveyor. [1991, c. 509, §45 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §13913. Right of entry for professional land surveyor performing surveying services

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 121: PROFESSIONAL LAND SURVEYORS (HEADING: PL 1989, c. 346, @3 (new))
§13913. Right of entry for professional land surveyor performing surveying services

When performing surveying services at the request of a landowner or person with an interest in real estate, a professional land surveyor and the surveyor's assistants may, without the consent of the owner or person in possession, enter upon or cross any lands necessary to perform surveying services. [2003, c. 161, §1 (new).]

1. No authority to intentionally damage or move object. Nothing in this section may be construed as giving authority or license to a professional land surveyor or the surveyor's assistant to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another without the permission of the owner. [2003, c. 161, §1 (new).]

2. Civil liability for actual damage. This section may not be construed to remove civil liability for actual damage to land, chattels, crops or personal property. [2003, c. 161, §1 (new).]

3. No authority to enter building used as residence or for storage. This section may not be construed to give a professional land surveyor or the surveyor's assistant the authority to enter any building or structure used as a residence or for storage. [2003, c. 161, §1 (new).]

4. Professional land surveyor shall make reasonable effort to notify landowners. A professional land surveyor shall make reasonable effort to notify a landowner upon whose land it is necessary for the professional land surveyor to enter or cross. 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 [2003, c. 161, §1 (new).]

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. [2003, c. 161, §1 (new).]

[2003, c. 161, §1 (new).]

5. Owner or occupant of land; duty of care; liability. The duty of care an owner or occupant owes to the professional land surveyor and the surveyor's assistant is the same as that owed a trespasser. [2003, c. 161, §1 (new).]

6. Professional land surveyor and assistant shall carry identification and display upon request. A professional land surveyor and the surveyor's assistant shall carry means of proper identification as to their registration or employment and shall display this identification to anyone requesting identification. [2003, c. 161, §1 (new).]

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. [2003, c. 161, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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