33-104. Right of person making land survey to
enter lands; damages for injury to lands
A. Any person who is registered as a land surveyor under title 32, chapter 1 or who
is an employee of the United States government may enter upon lands within this state to
perform necessary work relating to land surveys, and may establish permanent monuments
and erect the necessary signals and temporary observatories without committing
unnecessary injury. The person making a survey under this section shall make every
reasonable effort to give oral or written notice of the survey to the owner of the land
before entering the land.
B. If the parties interested cannot agree upon the amount of damages caused
thereby, either may petition the superior court to assess the damages.
C. The person entering lands for a land survey as provided by this section may
tender to the injured party damages therefor, and if the damages finally assessed do not
exceed the amount tendered, he shall recover costs. Otherwise the injured party shall
recover costs.
D. Notwithstanding this section, the owner or owner's agent may deny entry to
normally restricted or hazardous areas.
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