The Pennsylvania Society of Land Surveyors scored a victory today, with the passage of House Bill 496. This bill imposes penalties for the destruction of survey monuments, and it also reduces a surveyor's liability for errors from 21 years to 12 years.
Destruction of monuments has been a longstanding problem, from construction obliterating monuments and not properly replacing them, to property owners' disputes, and other causes. With monuments destroyed, removed, or otherwise obliterated, it makes retracement and documentation of subsequent surveys more difficult, and removes some of the certainty from the location of the corners.
Additionally, it has long been argued that the 21-year liability limitation has been unrealistic, particularly given that licensed Engineers enjoyed a much shorter liability limitation, with much greater risk of harm to life.
The text of the bill:
THE GENERAL ASSEMBLY OF PENNSYLVANIA
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HOUSE BILL No. 496 Session of 2005
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INTRODUCED BY CORNELL, WALKO, RUBLEY, REICHLEY, PHILLIPS, O'NEILL, NAILOR, STERN, GEIST, SOLOBAY, THOMAS, J. EVANS, BUNT, CALTAGIRONE, GINGRICH, GRELL, WATSON, E. Z. TAYLOR, PICKETT, HARPER, HESS, J. TAYLOR, GOODMAN AND DENLINGER, FEBRUARY 14, 2005
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SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, JUNE 13, 2006
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AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and --------------------------------------------------------------------------------
HOUSE BILL No. 496 Session of 2005
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INTRODUCED BY CORNELL, WALKO, RUBLEY, REICHLEY, PHILLIPS, O'NEILL, NAILOR, STERN, GEIST, SOLOBAY, THOMAS, J. EVANS, BUNT, CALTAGIRONE, GINGRICH, GRELL, WATSON, E. Z. TAYLOR, PICKETT, HARPER, HESS, J. TAYLOR, GOODMAN AND DENLINGER, FEBRUARY 14, 2005
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SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, JUNE 13, 2006
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AN ACT
2 Judicial Procedure) of the Pennsylvania Consolidated
3 Statutes, providing for the offense of the destruction of a
4 survey monument; further providing for actions relating to
5 land surveying; and making an editorial change.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 18 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 3311 3312. Destruction of a survey monument. <--
11 (a) Offense defined.--A person commits a summary offense if <--
12 (A) OFFENSE DEFINED.-- <--
13 (1) A PERSON COMMITS A SUMMARY OFFENSE IF he
14 intentionally cuts, injures, damages, destroys, defaces or
15 removes any survey monument or marker. A person commits a <--
16 REMOVES ANY SURVEY MONUMENT OR MARKER, OTHER THAN A NATURAL <--
17 OBJECT SUCH AS A TREE OR STREAM.
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1 (2) A PERSON COMMITS A misdemeanor of the second degree
2 if he willfully or maliciously cuts, injures, damages,
3 destroys, defaces or removes any survey monument or marker in
4 order to call into question a boundary line.
5 (b) Restitution.--Any person convicted of violating this
6 section shall, in addition to any other penalty imposed, be
7 liable for the cost of the reestablishment of permanent survey
8 monuments or markers by a professional land surveyor and all
9 reasonable attorney fees.
10 (c) Affirmative defense.--It is an affirmative defense to
11 any prosecution for an offense under this section that the
12 survey monument or marker was improperly placed by a
13 professional land surveyor.
14 (d) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Professional land surveyor." As defined under the act of
18 May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
19 Surveyor and Geologist Registration Law.
20 "Survey monument or marker." Any object adopted or placed by
21 a professional land surveyor to define the boundaries of a
22 property, including, but not limited to, natural objects such as
23 trees or streams, or artificial monuments such as iron pins,
24 concrete monuments, set stones or party walls. THE PHRASE DOES <--
25 NOT INCLUDE A WOODEN STAKE PLACED BY A PROFESSIONAL LAND
26 SURVEYOR AS A TEMPORARY MARKER OR PLACE HOLDER.
27 Section 2. Section 5537 of Title 42 is amended to read:
28 § 5537. Land surveying.
29 All actions to recover any or all damages against any person
30 engaged in the practice of land surveying occurring as the
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1 result of any deficiency, defect, omission, error or
2 miscalculation shall be commenced within [21] 12 years from the
3 time the services are performed. Any such action not commenced
4 within this [21-year] 12-year period shall be forever barred.
5 The cause of action in such cases shall accrue when the services
6 are performed. Furthermore, any action shall be commenced within
7 four years from the time that such cause of action was
8 discovered, but no later than during this [21-year] 12-year
9 limitation period. In any event, no action shall be commenced
10 after the [21] 12 years from the time that the services are
11 performed. The term "practice of land surveying" shall be the
12 same as defined under the act of May 23, 1945 (P.L.913, No.367),
13 known as the [Professional Engineers] Engineer, Land Surveyor
14 and Geologist Registration Law.
15 Section 3. This act shall take effect in 60 days.
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