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 surveyor

1-14 shall obtain the approval of the owner or occupant of the land before entry.

1-15 An owner shall not unreasonably withhold approval of such entry on his

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

1-17 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] Except as otherwise provided in

2-10 subsection 3, monuments set must be sufficient in number and durability

2-11 and efficiently placed so as not to be readily disturbed to ensure, together

2-12 with monuments already existing, the perpetuation of facile reestablishment

2-13 of any point or line of the survey.

2-14 2. Any monument set by a professional land surveyor to mark or

2-15 reference a point on a property or boundary line must be permanently and

2-16 visibly marked or tagged with the number of the license of the professional

2-17 land surveyor setting it, each number to be preceded by the letters "P.L.S."

2-18 3. Except as otherwise provided in subsection 4, if a monument

2-19 cannot be set or reset because of steep terrain, water, marsh or existing

2-20 structures, or if it would be obliterated as a result of construction or

2-21 maintenance of any highway under the jurisdiction of the department of

2-22 transportation, one or more reference monuments, as defined in NRS

2-23 329.120, must be set. In addition to the requirements for a monument set

2-24 forth in subsections 1 and 2, the letters "RM" must be stamped in the

2-25 tablet, disc or cap of the reference monument. One reference monument

2-26 may be used if it is set on the actual line or a prolongation thereof. In all

2-27 other cases, at least two reference monuments must be used. If the

2-28 reference monuments do not appear on a record of survey filed in

2-29 accordance with the provisions of NRS 625.340 to 625.380, inclusive, a

2-30 corner record must be filed pursuant to chapter 329 of NRS.

2-31 4. The provisions of subsection 3 do not apply if federal law prohibits

2-32 the destruction or removal of a monument.

2-33 Sec. 3. NRS 625.550 is hereby amended to read as follows:

2-34 625.550 1. [Any] Except as otherwise provided in subsection 2, a

2-35 person who intentionally removes, changes or defaces any monument that

2-36 has been properly established and marked by a professional land surveyor

2-37 as required by this chapter, is guilty of a public offense, as prescribed in

2-38 NRS 193.155, proportionate to the value of the loss resulting therefrom, but

2-39 in no event less than a misdemeanor.

2-40 2. [For purposes of] This section does not apply to a professional land

2-41 surveyor who acts in accordance with NRS 625.380.

3-1 3. As used in this section, the "value of the loss resulting therefrom"

3-2 means the cost of restoring or replacing the monuments which have been

3-3 removed, changed or defaced.

3-4 Sec. 4. NRS 206.220 is hereby amended to read as follows:

3-5 206.220 1. [Every] Except as otherwise provided in subsection 2,

3-6 every person who willfully or maliciously:

3-7 (a) Removes any monument of stone, wood or other durable material

3-8 erected, or post or stake fixed or driven in the ground, for the purpose of

3-9 designating the corner, or any other point, in the boundary of this state or

3-10 any political subdivision thereof, or any lot or tract of land, or any mining

3-11 claim or claims;

3-12 (b) Alters the marks upon any tree, post or other monument made for the

3-13 purpose of designating any point, course or line, in any such boundary; or

3-14 (c) Cuts down or removes any tree upon which any such marks are made

3-15 for that purpose, with the intent to destroy such marks,

3-16 is guilty of a public offense proportionate to the value of the loss resulting

3-17 therefrom, but in no event less than a misdemeanor.

3-18 2. [For purposes of] This section does not apply to a professional land

3-19 surveyor who acts in accordance with NRS 625.380.

3-20 3. As used in this section, the "value of the loss resulting therefrom"

3-21 means the cost of restoring or replacing the marks or monuments which

3-22 have been removed, altered or destroyed.

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