Do California Land Surveyors have right of entry onto environmentally sensitive or protected land?

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ls7214
Posts: 11
Joined: Mon Aug 23, 2010 9:10 am

Do California Land Surveyors have right of entry onto environmentally sensitive or protected land?

Post by ls7214 »

I have a particular situation whereby I need to search for monuments of record inside of an environmentally sensitive area. I am being told that I cannot dig in this area although that is where the record monuments where set back in 1913. I am sure the area was not environmentally protected back then.

We had already found two of the dozen or so monuments that are supposed to be there before we were told to exit the area. I am confident that we will find more of the remaining monuments needed to settle a boundary dispute.

We as land surveyors are exempt from California trespass laws in the course of our performing our professional duties. Does anyone of you know if that carries over to environmentally sensitive/protected land?

I was am interested to see if anyone else has come across a similar situation before.

Sincerely,

LS 7214
Proud7191
Posts: 128
Joined: Tue Apr 03, 2012 9:42 am

Re: Do California Land Surveyors have right of entry onto environmentally sensitive or protected land?

Post by Proud7191 »

Nope! But I have wondered when this day would come for the last 20 years! I thought I would get nabbed for driving across sacred ground before now, and be sacrificed to the environmental Gods for doing so. Good luck, Jp
Warren Smith
Posts: 1006
Joined: Thu Apr 13, 2006 6:41 am
Location: Sonora

Re: Do California Land Surveyors have right of entry onto environmentally sensitive or protected land?

Post by Warren Smith »

Section 8774 of the PLSA provides for right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys.
The owner or tenant shall be notified of the proposed time of entry where practicable.

It certainly is prudent to contact the entity having jurisdiction over the environmentally sensitive/protected land (County?) to arrange for a suitable reconnaissance - with a chaperone if necessary, much like having a deputy sheriff accompany one on occasion.
Warren D. Smith, LS 4842
County Surveyor Emeritus
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