HOUSE OF REPRESENTATIVES

H.B. NO.

1241

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO RIGHT OF ENTRY FOR PROFESSIONAL SURVEYORS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that professional land surveyors require reasonable access over and across certain real properties at reasonable times in the regular course of their work to conduct a survey of common property boundaries that are used to determine the legal interests of parties in real property.  A professional land surveyor requires access to:

     (1)  Retrace record boundary lines;

     (2)  Recover or reestablish boundary monuments or survey controls; and

     (3)  Locate rights-of-way or improvements with positional discrepancies.

     Without a right of entry, a professional land surveyor conducting a land survey is often subject to trespass laws, prohibiting the land surveyor from conducting a land survey required to ensure the public's interest in maintaining a sound and uniform real property system.

     The purpose of this Act is to establish a right of entry for professional land surveyors and their assistants to conduct a survey that protects the real property interests of property owners and the public interest in maintaining the integrity of a sound uniform real property system.

     SECTION 2.  Chapter 464, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§464-     Professional land surveyor right of entry to private property; notification; identification; liability.  (a)  A professional land surveyor licensed pursuant to this chapter and any assistant under the direct supervision of the land surveyor may enter the private property of the landowner of the real property to be surveyed and any adjoining lands at reasonable times to perform land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed.

     (b)  The land surveyor shall give at least ten days written notice of the intention to enter the private property on which the land surveying is to be performed when the land surveying may involve adjoining lands.  The written notice shall include:

     (1)  The name of the landowner of, or person with an interest in, the real property to be surveyed and the name of the landowner or occupier of adjoining lands to be accessed;

     (2)  The date and time the survey work is proposed to be performed; and

     (3)  The name and contact information of the land surveyor who will perform the work.

Written notice shall be sent to the last known address of the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands to be accessed.  Notice sent by certified mail shall be deemed sufficient.

     When the landowner of, or person with an interest in, the real property to be surveyed, or the landowner or occupier of adjoining lands to be accessed, gives notice to the land surveyor that the surveying may disrupt or interfere with operations on the properties involved, the land surveyor shall meet with the landowner, person with an interest, or occupier to negotiate a mutually agreeable date and time to perform the land surveying.

     (c)  The land surveyor shall carry identification, which shall include a valid government-issued photo identification and:

     (1)  The certificate of licensure with the license number issued pursuant to this chapter, or a facsimile thereof; or

     (2)  A seal or stamp, or facsimile thereof, authorized pursuant to section 464-11; and

a copy of the notice submitted pursuant to this section.

     (d)  The land surveyor and the land surveyor's assistants shall not be liable for any incidental minor damage to property as a result of land surveying, except for damages that result from the land surveyor's or the land surveyor's assistants' gross negligence or wanton acts or omissions.  For purposes of this subsection, damages shall be deemed to be minor if the damages are less than $100."

     SECTION 3.  Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Subsection (1) shall not apply to [a]:

     (a)  A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform their legal duties and to serve process upon any of the following:

        [(a)]  (i)  An owner or occupant of the land or premises;

        [(b)]  (ii)  An agent of the owner or occupant of the land or premises; or

        [(c)]  (iii)  A lessee of the land or premises[.]; or

     (b)  A professional land surveyor, or assistant under the direct supervision of the land surveyor, who enters or remains in or upon the land or premises of another, after giving notice as required by section 464-   , for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed."

     SECTION 4.  Section 708-814, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Subsection (1) shall not apply to [a]:

     (a)  A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:

        [(a)]  (i)  An owner or occupant of the land or premises;

        [(b)]  (ii)  An agent of the owner or occupant of the land or premises; or

        [(c)]  (iii)  A lessee of the land or premises.

          For the purposes of this [subsection,] paragraph, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process[.]; or

     (b)  A professional land surveyor, or assistant under the direct supervision of the land surveyor, who enters or remains in or upon the land or premises of another, after giving notice as required by section 464-   , for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

 

Report Title:

Land Surveyors; Assistants; Right of Entry; Private Property; Trespass

 

Description:

Authorizes professional land surveyors and assistants under the direct supervision of land surveyors to enter private property to perform land surveying, subject to certain provisions regarding notice, identification, and liability.  Shields land surveyors and their assistants from prosecution under criminal trespass laws when performing their duties.  (HD1)

 

 

 

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