§ 14-159.15. Limited right of entry by professional land surveyors.

342 words·~2 min read·/nc/chapter-14/14-159-15

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(a)For the purposes of this section, the following terms are defined as follows:

(1)Critical infrastructure. - As defined in 42 U.S.C. § 5195c.

(2)Landowner. - The owner, lessee, or occupant of a parcel of land.

(3)Practice of land surveying. - As defined in G.S. 89C-3.

(4)Professional land surveyor. - As defined in G.S. 89C-3. For purposes of this section, this term includes any agents, employees, or personnel under the supervision of a professional land surveyor.

(b)A professional land surveyor shall have the right to enter upon the lands of others, if necessary to perform surveys for the practice of land surveying, including the location of property corners, boundary lines, rights-of-way, and easements, and may carry with them their customary equipment and vehicles. An entry by a professional land surveyor to perform the practice of land surveying under this section shall not constitute trespass under this Article or Article 22A of this Chapter and shall not cause the professional land surveyor to be subject to arrest or a civil action by reason of the entry.

(c)Nothing in this section shall be construed as giving authority to a professional land surveyor to destroy, injure, damage, or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.

(d)No professional land surveyor shall have a civil cause of action against a landowner for personal injury or property damage incurred while on the land for purposes consistent with those described in subsection

(b)of this section, except when such damages and injury were willfully or deliberately caused by the landowner.

(e)Nothing in this section shall be construed as giving authority to a professional land surveyor to do the following:

(1)Enter lands traversed by an operating railroad or properties owned, held, used, or operated by a railroad or their subsidiaries.

(2)Enter lands containing critical infrastructure. (2025-94, s. 2(b).)