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Trespass Statute
Moderator(s): Burk Cornelius
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6/19/2013 at 3:00:48 PM GMT
Posts: 56
Trespass Statute
OSLS is interested in looking at the trespass statute in Title 21 Chapter 70 Section 1835.  This section exempts surveyors from criminal trespass (while in the performance of their duties) 
 
Section 1835 A.

Whoever shall willfully or maliciously enter the garden, yard, pasture or field of another after being expressly forbidden to do so or without permission by the owner or lawful occupant thereof when such property is posted shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Fifty Dollars ($250.00); provided, that this provision shall not apply to registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services;


However 1835.2 seems to conflict with a stipulation that we must leave if asked to do so by the landowner or lawful occupant.
 
Section 1835.2 A

2. This provision shall not apply to peace officers as defined in Section 99 of this title or any federal, state, or local government employees engaged in the performance of their duties, or to any firefighters, emergency medical personnel, or public utility employees engaged in addressing an emergency that presents an imminent danger to health, safety, or the environment in the performance of their duties, or to parties engaged in oil and gas operations, which shall include, without limitation, exploration, drilling, production and sales activities, under authority of mineral ownership, an oil and gas lease, seismic agreement or permit, gas gathering, purchase, transportation, or treating contracts, Corporation Commission order, or other lawful authority from persons entitled to give the same. The provisions of this section shall not prohibit railroad employees and emergency equipment from entering such land to restore rail service following an accident, derailment or natural disaster; nor the entrance of utility employees or contractors while acting in the scope of their employment; nor employees or contractors of valid easement or license holders while acting in the scope of their employment;


3. The following persons may enter such land of another unless forbidden to do so, either orally or in writing, by the owner or lawful occupier thereof: registered land surveyors and registered professional engineers for the purpose of land surveying in the performance of their professional services; persons in the sole process of retrieving their domestic livestock or other animals; persons making a delivery, selling a product or service, conducting a survey or poll, working on behalf of a candidate for political office, or who otherwise have a legitimate reason for entering and who, immediately upon entering, seek to conduct such business; and

 

This can cause problems with our work as we often need to recover property corners that do not lie on the subject property. If a hostile landowner wishes to prevent a neighbor from getting a survey done then he refuses access to the surveyor thus preventing us from performing our duties and from meeting the State Minimum Standards for Land Surveying





Burk Cornelius, PLS
Executive Director
Oklahoma Society of Land Surveyors


Last edited Wednesday, June 19, 2013
6/19/2013 at 3:04:04 PM GMT
Posts: 56

Update:

 

Senator AJ Griffin has agreed to sponsor a bill to modify the trespass statute for us next session. Representative Jason Murphey has agreed be the House sponsor. When the time comes we will need some support from other legislators. I will keep you posted




Burk Cornelius, PLS
Executive Director
Oklahoma Society of Land Surveyors


6/27/2013 at 5:45:53 PM GMT
Posts: 56
If anyone has any stories about not being allowed access to a property, please let us know the particulars so we can present the case to our Senators. The first thing any of them will ask is "How common is this problem in surveying?"


Burk Cornelius, PLS
Executive Director
Oklahoma Society of Land Surveyors


1/17/2014 at 5:20:56 PM GMT
Posts: 56

Attached is a copy of Senate Bill 2099 which modifies the trespass statute language so Land Surveyors dont' have to leave if asked to do so verbally or in writing

 

Call you Legislators and voice your support




Burk Cornelius, PLS
Executive Director
Oklahoma Society of Land Surveyors

 Attached Files: 
sb2099 int.pdf (22.87 KB)

1/17/2014 at 6:38:27 PM GMT
Posts: 7
RE:
B. Cornelius said:

Attached is a copy of Senate Bill 2099 which modifies the trespass statute language so Land Surveyors don't have to leave if asked to do so verbally or in writing

 

Call you Legislators and voice your support


Last I checked I didn't have a State Rep and my State Senator, I don't know about it.


Stop Repeat Offenders!!! Quit Re-Electing Them!!!


9/4/2014 at 8:43:01 PM GMT
Posts: 7
Any more information on SB 2099?

Stop Repeat Offenders!!! Quit Re-Electing Them!!!


12/3/2014 at 10:05:58 PM GMT
Posts: 1
I recently, actually we are still in the process, of doing a boundary survey, ran the entire section, found quite a few supporting monuments, some in sub divisions, to support placement of our boundary monuments. When we crossed over a fence a couple of feet a lady came out and threatened to shoot our surveyors and of course they left without setting that corner. I contacted the Wagoner County Sherriff office to get them to go to the site with me and a survey crew to set that corner and the deputy informed me that they would NOT go without a court order. So my question is, what good is ANY legislation without informing law enforcement agencies that they must do their job as well?
Eddy Seaton


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