Came across a pretty upset landowner recently while walking along the lake edge on my way to recover a BLM monument. I was accused of trespass, but it is my understanding that the right of entry law allows me to enter upon private property to conduct survey related activities when the land has been previously surveyed without notice. Landowner was not interested in my apology and was not interested in hearing this right of entry law. I also don??t think he was aware of public access along his boundary lines.
RIGHT of ENTRY
AS 34.65.020. Entry Upon Land For Survey Purposes.
(a) A land surveyor or an employee of a land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, to determine geodetic positions, and to make surveys and maps.
(b) The land surveyor shall give reasonable notice to the owner or occupant of the land of an intent to enter private land for survey purposes. The notice must indicate the anticipated date of the entry for survey purposes.
(c) Notice under (b) of this section is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government or approved under AS 29.40.110or 40.15.010.
(d) A land surveyor or an employee of a land surveyor who complies with the notice requirements of (b) of this section is liable to the landowner only for actual damages.
(e) The attorney general may bring an action in the name of the state to restrain and prevent the obstruction of entry under (a) of this section.
Anyone come across being accused of trespass? I am interested to hear some of your stories.
There are many time where I wish we had a right of entry but it would have to be limited to a specific purpose with restrictions and notification requirements.?ÿ
I do not like the way you characterize it as "public access" along the boundary lines. Even though as surveyors we are the "public" our purpose for being there it is not to violate his land.
I have been chased off of properties at gun point, only to return with the sheriff to escort me back onto the property. Also, ad a manager, I've had to de-escalate more than once between my crews and angry, gun toting owners claiming trespass . It usually can be calmed down on the spot, but sometimes the sheriff has to come keep the peace when an owner wont listen to reaso .?ÿ
Sure, it happens. Unlike Steve, I've never had an issue with a gun toter, but there have been a number of angry persons over the years. Some were reasonable after talking to, others were just plain #%^!* nuts. Be glad you have that Section C. to your entry law. Massachusetts has a survey entry law, but it absolutely requires giving notice, and only covers when working for private parties, not when working for a government agency. There are other statutes that cover entry when working for the government or a rail road, but they only address specific types of surveys. I have a job for a town coming up that will require locating wetland flags on private property. The town is going to have to get the landowner's permission. If I were working for a private landowner, I would only have to give notice. If the town is refused permission, I don't know what recourse they will have.
This is a typical 'Jurassic Park' scenario. You figured out you could, but bypassed the question of 'should'. Around here that can get you dead.
That right of entry law seems to invite anyone with survey vest to roam all over peoples curtilage under the guise of surveying. Oregon's is much more restrictive - to the point of effectively being almost a right of exclusion law.?ÿ
As Ron White says, "I had the right to remain silent, I did not have the ability...."?ÿ . Not sure exactly what went on here, but if you are just going to charge off across peoples land, expect to be challenged.?ÿ
In our office we have two views on this subject, one held by the "older" generation, which says just go on, and don't tear nothing up, and nobody will care.?ÿ Then there is my take, which is, "someone has gotten written permission for us to enter all the possible properties, right??ÿ Let me see them!"?ÿ because I am in the have been met by gun totin landowner camp, having actually held been for the sheriff once, had a crew shot at once,?ÿ and threatened many times, on a few occasions while in the public roadway.?ÿ I have even been in situations on pipeline or electric easements where the landowner did not know the easement included the right for the utility to access the easement at any time with no notice.?ÿ That one was a mean looking dog to get their point across.?ÿ Texas law has supposedly never convicted a land surveyor of trespass, but our world grows more litigious every day, so I am not sure I always want to count on that.
Here is a story...happened last week in urban area (City of Pittsburgh). We were out doing scanning of existing utility poles for installation of 5G apparatus. Very dense urban area, poles along the edge of the road in the right of way, concrete sidewalks, etc. We are across the street scanning the pole and the area around it. Guy comes out and says he does not want a 5G antenna on the pole in front of his house. Note that these are small boxes, small antennas, very unobtrusive, especially considering these are usually old poles with lots of stuff on them, high voltage on top, lower distribution voltage down lower, coax cable, fiber optics cables, transformers, etc.?ÿ?ÿ
I always try to be polite and explain what I am doing, but sometimes you get very unreasonable people.?ÿ
?ÿ
Since I joined the Fire Department I have had very few issues, people like us for some reason. White truck with red stripes and Department door shields, blue clothes (that's the key really). The blue is especially good when we have to do work in inmate camps (inmates wear all orange in Camp).
When I worked for State Parks I had one encounter but she was fine as soon as I told her that we were marking the boundary in response to her complaints about our personnel trespassing, to put a atop to that. Our people didn't know where the boundary was located.
Public access was reserved by patent, I wasn’t referring to the right of entry law being related or regarded as public access. Sorry for the confusion.
Have a door hanger printed up with your state law on it and have them with you to hand out as necessary. Always best to notify land owners if possible even if it is just a knock on the door. Could lead to more work in an area that you are already working = PROFITS!
I do love Alaska's Right of entry law. I have a laminated copy in my wallet
I don't think there is much abuse of the AK right of entry law. If there ever is it could be addressed.
Of course it is still a good idea to give notice, but the right of entry law allows us to get help from the state troopers (no sheriffs in AK) when we encounter disruptive land owners.
John, I'll side with the Protester - everyone knows that the 5G transmitters will send subliminal messages via UHF radio waves directly to our brains that will make us believe every word that comes out of the politicians' mouths.
