My views of right of entry changed on the day a gun was aimed at me across a field, fired, and the bullet thudded into the tree right behind me. Had right of entry under state and federal law.
Until and unless it happens to you, you may have a certain attitude about the importance of what you are doing as a surveyor at a particular time and place. It's relative importance can become clear in an instant.
Since that event, I have always knocked on doors, apologized for the bother, identified myself, stated my business and about how much time I thought would be needed to complete it. I have never had such a problem since.
I'm right there with you Carl, although for me it was looking down the wrong end of a pair of shotguns. No shots fired but I left anyway. In boating we call it the law of tonnage. Sure my sailboat has the right of way over motorboats but you won't find me arguing that with a cargo carrier. Common sense is still permitted!
> Do these right of entry rules apply to Railroad property? I have been told that there are some hefty fines for entering railroad property without premission.
I went to a Seminar in Phoenix last Friday entitled "Railroad Surveying 101" by Charlie Tucker. One thing for certain is: YOU DO NOT WANT TO BE ON RAILROAD PROPERTY WITHOUT THEIR PERMISSION, even for just a couple of minutes. The fine is pretty hefty, $10,000 to $27,000. Everyone involved in the surveying profession should have to take one of these seminars put on by various individuals across the country.
Gone are the days of being in or working in any railroad controled properties, whether they are still in service or not.
LOL I'm imagining a 52 Hinkley against a container ship. With the ship at half speed, I doubt the Hinkley could get within 500' of the ship before the wave action swamped it...
It's easier to ask for forgiveness, than to ask for permission.
That's part of the excitement of surveying!
:cat:
Illinois clause from the Land Surveyors Act:
(225 ILCS 330/45) (from Ch. 111, par. 3295)
(Section scheduled to be repealed on January 1, 2020)
Sec. 45. Entry upon adjoining land; Liability for damages. A Professional Land Surveyor, or persons under his direct supervision, together with his survey party, who, in the course of making a survey, finds it necessary to go upon the land of a party or parties other than the one for whom the survey is being made is not liable for civil or criminal trespass and is liable only for any actual damage done to the land or property.
(Source: P.A. 93?467, eff. 1?1?04.)
"Everyone involved in the surveying profession should have to take one of these seminars put on by various individuals across the country."
AMEN!! I saw several folks there squirming regarding a number of issues, most particularly regarding railroad right-of-way location. That was one of the best seminars I've been to in 38 years...
Jim
My state has a ROA law, and I was of a similar mindset until I encountered a "Sovereign Nation" who did not want my crew on their land. I had the deed to thier land in my hand, which says that it is owned by the United States of America, but was denied entry. It will take a Congressional action to obtain entry rights...
