Pennsylvania Act 1937-302 — SURVEYORS ENTRANCE ON PRIVATE LAND

Act text

SURVEYORS ENTRANCE ON PRIVATE LAND
                 Act of Jun. 2, 1937, P.L. 1189, No. 302              Cl. 29
                                  AN ACT

     To permit the entry of engineers and surveyors, and their
        representatives, onto private property for the purpose of
        using survey stations established by or under the direction
        of the United States Coast and Geodetic Survey, or as a part
        of the Pennsylvania Coordinate System; and providing a
        penalty for the injuring, defacing, and destruction of marks
        and monuments.

        Section 1.  Be it enacted, &c., That any person duly
     registered as a qualified engineer or surveyor under the laws of
     this Commonwealth or entitled to exemption from registration as
     an engineer or surveyor under the laws of this Commonwealth, and
     his duly accredited assistants and representatives may, in the
     execution of surveys, enter upon any private land whereon there
     is a marked survey station for which the horizontal or vertical
     position has been determined by or under the direction of the
     United States Coast and Geodetic Survey, or which is a part of
     the Pennsylvania Coordinate System, if such entry is for the
     purpose of utilizing the horizontal or vertical position data in
     controlling surveys of land for cadastral purposes, or for other
     engineering purposes, private or public.
        Section 2.  That the engineer or surveyor, or his duly
     accredited assistants or representatives, shall do no
     unnecessary damage to the property on which a survey station
     stands. The owner of the land shall be reimbursed for all damage
     done in so entering, the amount of damages to be agreed upon
     beforehand and paid promptly upon completion of work at said
     survey station. Where the amount of damages to be paid has not
     been or can not be agreed upon beforehand, the party proposing
     to enter upon said property shall file good and sufficient bond
     in the court of quarter sessions of the county in an amount to
     be approved by the court, conditioned for the payment of all
     damages and costs when the same are finally ascertained and
     fixed. The amount of damages to be paid shall be determined by
     three viewers of the county in which the property is located,
     appointed by the court of quarter sessions from the county board
     of viewers. The proceedings for the ascertainment of damages
     shall be in accordance with the general road laws of the
     Commonwealth for the ascertainment of damages for the taking,
     injuring or destruction of property in the laying out and
     opening of public roads.
        Section 3.  Where the engineer or surveyor or his
     representatives entering on private property for the purposes
     stated in section 1 of this act, shall tender damages to owner
     of said property and said proffer is not accepted, and the
     amount of damages determined according to procedure stated in
     section 2 of this act, shall not exceed amount of damages so
     proffered, then all costs in the matter shall be borne by the
     owner of the property, otherwise the cost shall be assessed
     against the party entering.
        Section 4.  If any person shall wilfully injure, deface or
     destroy the mark or monument at any survey station established
     by or under the direction of the United States Coast and
     Geodetic Survey, or by the State agency administering the
     Pennsylvania Coordinate System, or shall offer any obstacles to
     the proper, reasonable, and legal use of any such station, such
     person shall be guilty of a misdemeanor, and, upon conviction
     thereof, shall be sentenced to pay a fine not to exceed $250 for
     each offence and costs, or shall be imprisoned for a term of not
     less than 6 months, or both, in the discretion of the court.
        Section 5.  This act shall become effective immediately upon
     its final enactment.