Survey monument preservation.

2017
STATE OF WYOMING
17LSO-0376
Introduced
1.3

HOUSE BILL

NO.

HB0273

Survey monument preservation.

Sponsored by:
Representative(s) Crank and Sommers and Senator(s) Baldwin

A BILL

for

AN ACT relating to property offenses; specifying requirements for construction activities that disturb survey monuments; specifying requirements for professional land surveyors, professional engineers and other professionals concerning survey monument preservation; amending grounds for disciplinary action; providing a civil cause of action; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 34
‑
1
‑
154 is created to read:

34
‑
1
‑
154
.

Survey monument preservation; procedural requirements; liability; affirmative defense.

(a)

A survey monument shall be referenced or marked by or under the direction of a professional land surveyor at the expense of the person causing the disturbance p
rior to any activity, including installation of
utilities, that
may disturb
the
survey monument
when adequate evi
dence exists as to its location
.

(b)

Within ninety (90) days after completing the activity that has disturbed a
survey
monument, the person causing the disturbance

shall
, at that person's expense
,
have
the monument reestablished by or under the direction of a professional land surveyor.

(c)

Any professional engineer or other professional licensed under chapter 4 or 29 of title 33 of the Wyoming statutes who prepares construction documents or plans that
fail to
indicate the existence and location of all survey monuments within the area of construction
when
there is adequate evidence
to determine
t
he existence and location
of the survey monument
s

shall be subject to disciplinary action under W.S.
33
‑
4
‑
115
or

33
‑
29
‑
702
.

(d)

Any person
who
violat
es
this section or
is
convicted of
a violation under
W.S. 6
‑
3
‑
202(
a) shall
, in addition to the penalties imposed by W.S. 6
‑
3
‑
202(b)
,

be

liable
in a civil action
for the reasonable cost of
reestablishing
any disturbed survey monument by a professional land surveyor and for any reasonable attorney fees incurred in bringing a civil action in a court of competent jurisdiction pursuant to this subsection.

(e
)

For purposes of this section:

(i)

"Adequate evidence" means
any of the following
:

(A)

A person has actual knowledge of the existence of the
survey
monument;

(B)

The existence of the
survey
monument can be discovered by means of a reasonable inspection of the land where the monument is located;

(C
)

The
survey
monument
's
location is revealed on any design plan, construction document or other document related to the project or activity which disturbs t
he monument.

(ii)

"Disturbed monument" means a survey monument that has been damaged, defaced, destroyed or lost in such a manner that
t
he services of a professional land surveyor
are required
to properly determine the monument's original position or location;

(iii)

"Survey monument" means
any of the following
:

(A)

A public land survey corner as defined in W.S. 33
‑
29
‑
902(
a)(iii);

(B)

A reference monument as defined in W.S. 33
‑
29
‑
902(
a)(vii);

(C)

A physical object
that
a reasonable person would understand marks the location of a corner or other survey point.

Section 2
.

W.S. 6
‑
3
‑
202 by creating a new subsectio
n (c), 33
‑
4
‑
115(
a)
(intro)
, (vii)
and
by creating a new paragraph (ix) and 33
‑
29
‑
702(a) by creating a new paragraph (viii) are amended to read:

6
‑
3
‑
202
.

Altering landmarks; penalties.

(c)

Any person convicted of
a

violation of subsection (a) of this section shall
, in addition to the penalties imposed by subsection (b) of this section,

be
subject to civil liability
as provided in W.S.
34
‑
1
‑
154(
d).

33
‑
4
‑
115
.

Grounds for refusal, suspension or revocation of license; notice; hearing; counsel at hearing.

(a)

The board may take disciplinary actions, singularly or in combination, against a licensee upon a finding of

any of the following
:

(vii)

Suspension or revocation of licensure by another state;
or

(ix)

A violation of W.S. 34
‑
1
‑
154(c).

33
‑
29
‑
702
.

Grounds for disciplinary action.

(a)

An individual or business entity is subject to disciplinary action for:

(viii)

A violation of W.S. 34
‑
1
‑
154(c).

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
HB0273