This kind of thing gives the profession a black eye:?ÿ?ÿ"were not redacted in any way to protect against harm to land surveyors?? competitive position.?ÿ The value of the 200,000 proprietary land surveys is estimated to be $100,000,000.00."
This suit smells way more like rent-seeking than protecting the profession.
https://en.wikipedia.org/wiki/Rent-seeking
?ÿ
Were the surveys filed with AGISO not already searchable by the public prior to their transfer to DataScout??ÿ If not what other purpose would there be for filing them?
2010 Arkansas Code
Title 17 - Professions, Occupations, and Businesses
Subtitle 2 - Nonmedical Professions
Chapter 48 - Surveyors
Subchapter 1 - General Provisions
?? 17-48-106 - Failure to file boundary survey.
17-48-106. Failure to file boundary survey.
(a)?ÿ(1)?ÿA licensed surveyor is not required to file a plat until he or she has been paid for performing the survey.
(2)?ÿA licensed surveyor shall file the plat with the State Surveyor within thirty (30) days after payment for performing the survey or the plat is completed, whichever event occurs last.
(b)?ÿThe sole purpose of filing the plat shall be to identify the person or persons who made the plat and survey and placed the survey markers and shall not be used to evidence adverse possession or as evidence in boundary disputes.
(c)?ÿThe provisions of this chapter shall not apply to surveys hereafter made of subdivided property located in a municipality where property has previously been surveyed and a plat filed.
(d)?ÿAny licensed surveyor who shall fail or refuse to file the survey as provided by this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) or imprisonment for not less than thirty (30) days nor more than six (6) months, or subject to both fine and imprisonment.
There have been many times that hard copy public records that were never to be removed from clerk's offices have been taken offsite to copy for personal gain and to be sold to others.
They may be public records, however, Texas has allowed each County Clerk to set a price per page for a copy of them not more than $1 per page and more for an embosed certified copy for purposes usually required in court actions to prove ownership. The same or similar standards are used at the General Land Office of Texas.
Some offices allow a person to use camera or phone apps to capture images of the records as it would take hands on, page by page copying and many man hours to do.
I've witnessed crews of people taking an image of the entire inventory in clerk's offices and I'm sure it worked out to be cheaper than buying the copies.
I'd believe that some clerk is in a lot of trouble and computer systems are or have been traced to which terminal was used to transfer the documents, which with that much data transfer should be very traceable.
Deputy Clerks jobs have been terminated for the very same reasons in the past and never have been required to pay for breach of oath.
Proprietary Boundary Surveys??ÿ
"shall not be used to evidence adverse possession or as evidence in boundary disputes"
You certainly won't be winning the battle for public opinion. What is the purpose of a survey in AR??ÿ
I can not understand why every state is not a recording state. Without the knowledge of what other surveyors have done, what has been set and why the monuments have been set where they are it is like you are surveying in the dark.?ÿ?ÿ
I guess I'm confused, these are public records, why is it a problem if they are downloaded??ÿ
Am I somehow in legal jeopardy because I have all the surveys on file at the county scanned on my computer?
I can not understand why every state is not a recording state. Without the knowledge of what other surveyors have done, what has been set and why the monuments have been set where they are it is like you are surveying in the dark.?ÿ?ÿ
In a perfect world all States would require and enforce recording. There is no support where companies build value with internal records. In short, the dynasty firms will never allow it to happen.
Most recording states adopted mandatory recording relatively recently. What do you think is different in states like AR that dont allow it to happen??ÿ
Most recording states adopted mandatory recording relatively recently. What do you think is different in states like AR that dont allow it to happen??ÿ
based on what I've read in this thread, it's got something to do with a low tooth/head ratio..... this is an embarrassment to the profession.
This is not a surveyor created problem.
It is the theft of data by not paying the storage facility for copies of their information as most anyone that has any copies of their data has paid the per page price.
@MightY Moe , when you have pent manors scanning the data that is public available, you are using that for your use.
Problem is when you offer to sale your library of public data to others.
It is permissible for you to be paid for your time to gather information for others.
You can only sell something once.
That is why the guy got severely fined for taking one copy of Windows and selling copies installed on many computers?ÿ and not paying for each copy being sold.
The data miner has no intention to pay any fee to the data facility.
Their intent is to sell to anyone that pays their price.
I purchased 12yrs of digital deed records that I use for my company use and do not advertise or attempt to sell copies.
There are hacks that work on most any public databanks and many people have obtsined all those records for free. They keep it in house but never paid any fee for the material.
A title mill pays a certified copy fee where their info will stan in any court of the land.
My data is the same info and just not certified.
The difference is measured in thousands of dollars a year for each buyer of the quantity of data I have.
This incident was for more data than most people would have the equipment to put the data.
This is a storage facility problem and they know who are intending to sell their info to other people.
Most recording states adopted mandatory recording relatively recently. What do you think is different in states like AR that dont allow it to happen??ÿ
The term 'recently' is a bit relative. The largest grouping of changes I am aware of was around 1978, just as I got started. The arguments against recording were mainly not wanting to give my data to anyone else for free. Long-standing companies in non-recording states sell for much higher prices as the records are worth a great deal. Owners are reluctant to allow that to change. In recording states you shouldn't have much that isn't public.?ÿ
