Relating to entering property for surveying purposes, and providing penalties

This bill relates to entering property for surveying purposes. Current law states that entry onto public or private property to conduct certain surveying activities does not constitute trespass and a surveyor entering property to conduct such activities is not liable to arrest or civil action by reason of the entry.15 and requires a surveyor to receive explicit permission from a person with an ownership interest in the property or, if a person with an ownership interest is not physically or mentally able to give explicit permission, a next of kin of such a person. Such permission shall be recorded electronically or in writing, through the use of mail or certified mail, prior to entering private property to conduct surveying activities. If the person with an ownership interest in the property has not responded to a surveyor’s request for permission to enter the property within days of receiving the request, the surveyor has implicit permission to enter the property to conduct surveying activities. Except in case of an emergency, disaster cleanup, or other activities constituting emergency disaster relief, a surveyor who enters private property without properly acquiring permission commits trespass pursuant to Code chapter 716. General trespass is a simple misdemeanor punishable by a scheduled fine dependent on whether the offense is a first, second, or third or subsequent violation, and may lead to arrest or enhanced penalties depending on the circumstances.