This has probably been discussed before, but would like to hear any facts, cite any statutes, etc regarding a land surveyor accessing private property. Also, throwing somewhat a different spin on it, what about if you are conducting the survey for oil and gas unitizing (under their mineral rights) and not specifically for a private individual?
I think you have 2 different issues here, but:
- In WV surveyors have a right of entry. Although I won't argue with a gun.
- Can't quote a statute or opinion, but I believe that an owner (or his agent) of mineral rights has a right to go upon the ground.
The question is; How fast can you run?
1201 fps is the goal for factory loads but I wouldn't count on factory ammo in WV.
I heard a rousing discussion on NPR touching on this subject several months ago, and I can tell you the public has no idea there is a difference between a surveyor's right-of-entry and an eminent domain taking.
In Illinois (and many attorneys would claim the same for other states) there is no surveyors "Right of Entry", but instead Statutory Immunity against arrest, prosecution, or civil liability for trespass.
A Right and an Immunity are two different legal concepts.
A Right is something you're granted under the Constitution of the US, or possibly a sovereign state.
An Immunity is a privileged status you're granted by statute.
But there is a difference. Consider for example, Diplomatic Immunity. Having this does not constitute a "right" to break the law, but instead does grant a privileged immunity against arrest and prosecution in recognition of the holders special status in a foreign nation.
Also, mineral lease holders are legally allowed reasonable access to the minerals without burden or threat of trespass claims or of obstructive actions. Enforcement against a hostile party probably requires due process, i.e. filing of a lawsuit and judgement, and then you can have the Sheriff accompany you to the site. They may not come with you as your escort until a judge orders them to.
1201 FPS - what are you talking about shotgun ammo?
Yes, 12gauge.B-)
> Yes, 12gauge.B-)
Nothing I would want to try and dodge.