Assembly Bill No. 202–Committee on Commerce and Labor

(On Behalf of Department of Transportation)

February 11, 1999

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Referred to Committee on Commerce and Labor

 

SUMMARY—Provides for removal and perpetuation of certain monuments. (BDR 54-642)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to professional land surveyors; authorizing a professional land surveyor to remove certain monuments; prescribing the manner in which such monuments must be perpetuated; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 625.335 is hereby amended to read as follows:

1-2 625.335 1. A surveyor may enter public or private land, a water

1-3 course or a body of water to:

1-4 (a) Investigate, recover, establish, reestablish, rehabilitate, perpetuate or

1-5 use evidence of a boundary location.

1-6 (b) Locate, relocate, use, install , perpetuate or replace a survey

1-7 monument.

1-8 (c) Perform land or control surveying.

1-9 2. Before entering private land pursuant to subsection 1, a surveyor

1-10 must provide written notice to the owner or occupant of the land of the

1-11 proposed date and approximate time of entry upon the land and a statement

1-12 of the purpose for entry upon the land. The notice must include the name,

1-13 number of the license and business affiliation of the surveyor. The

1-14 surveyor shall obtain the approval of the owner or occupant of the land

1-15 before entry. An owner shall not unreasonably withhold approval of such

1-16 entry on his land. The provisions of this subsection are not applicable to an

1-17 entry made pursuant to NRS 37.050.

2-1 3. The provisions of this section do not relieve a surveyor from any

2-2 civil liability for any damage caused by his entry pursuant to subsection 1.

2-3 4. As used in this section, "surveyor" includes:

2-4 (a) A professional land surveyor or his designee.

2-5 (b) A surveyor employed by the Federal Government or an agency of

2-6 the Federal Government, the State of Nevada, a political subdivision of the

2-7 state or an agency of the state.

2-8 Sec. 2. NRS 625.380 is hereby amended to read as follows:

2-9 625.380 1. Monuments set must be sufficient in number and

2-10 durability and efficiently placed so as not to be readily disturbed to ensure,

2-11 together with monuments already existing, the perpetuation of facile

2-12 reestablishment of any point or line of the survey.

2-13 2. Any monument set by a professional land surveyor to mark or

2-14 reference a point on a property or boundary line must be permanently and

2-15 visibly marked or tagged with the number of the license of the professional

2-16 land surveyor setting it, each number to be preceded by the letters "P.L.S."

2-17 3. If a professional land surveyor removes a monument, other than a

2-18 public land survey corner as defined in NRS 329.110, he shall perpetuate

2-19 the monument by:

2-20 (a) Tying its location to two reference monuments as defined in NRS

2-21 329.120; and

2-22 (b) Causing a corner record to be filed pursuant to NRS 329.150.

2-23 A professional land surveyor is not required to replace a monument that

2-24 is perpetuated pursuant to this subsection.

2-25 Sec. 3. NRS 625.550 is hereby amended to read as follows:

2-26 625.550 1. [Any] Except as otherwise provided in subsection 2, a

2-27 person who intentionally removes, changes or defaces any monument that

2-28 has been properly established and marked by a professional land surveyor

2-29 as required by this chapter, is guilty of a public offense, as prescribed in

2-30 NRS 193.155, proportionate to the value of the loss resulting therefrom,

2-31 but in no event less than a misdemeanor.

2-32 2. [For purposes of] This section does not apply to a professional land

2-33 surveyor who perpetuates a monument pursuant to NRS 625.380.

2-34 3. As used in this section, the "value of the loss resulting therefrom"

2-35 means the cost of restoring or replacing the monuments which have been

2-36 removed, changed or defaced.

2-37 Sec. 4. NRS 206.220 is hereby amended to read as follows:

2-38 206.220 1. [Every] Except as otherwise provided in subsection 2,

2-39 every person who willfully or maliciously:

3-1 (a) Removes any monument of stone, wood or other durable material

3-2 erected, or post or stake fixed or driven in the ground, for the purpose of

3-3 designating the corner, or any other point, in the boundary of this state or

3-4 any political subdivision thereof, or any lot or tract of land, or any mining

3-5 claim or claims;

3-6 (b) Alters the marks upon any tree, post or other monument made for

3-7 the purpose of designating any point, course or line, in any such boundary;

3-8 or

3-9 (c) Cuts down or removes any tree upon which any such marks are

3-10 made for that purpose, with the intent to destroy such marks,

3-11 is guilty of a public offense proportionate to the value of the loss resulting

3-12 therefrom, but in no event less than a misdemeanor.

3-13 2. [For purposes of] This section does not apply to a professional land

3-14 surveyor who perpetuates a monument pursuant to NRS 625.380.

3-15 3. As used in this section, the "value of the loss resulting therefrom"

3-16 means the cost of restoring or replacing the marks or monuments which

3-17 have been removed, altered or destroyed.

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