MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary A

By: Representatives Moore (60th), Guice

AN ACT TO CODIFY SECTION 15-1-40, MISSISSIPPI CODE OF 1972, TO PROVIDE A STATUTE OF REPOSE FOR LAND SURVEYORS ENGAGED IN THE PRACTICE OF LAND SURVEYING; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 15-1-40, Mississippi Code of 1972, is codified as follows:

15-1-40. No action to recover damages for any deficiency, defect, omission, error or miscalculation in a survey or plat shall be brought against a professional land surveyor, or the employee of a professional land surveyor, who performed or furnished the survey or plat unless it is filed within six (6) years from the date of the survey or plat. The cause of action in such cases shall accrue when services are rendered as shown from the date on the survey or plat or the date of a supplement or amendment to the survey or plat. Any action not instituted within the period provided by this section shall be forever barred.

In the event the cause of action shall have been fraudulently concealed from the knowledge of the person entitled thereto, the cause of action shall be deemed to have first accrued at, and not before, the time at which such fraud shall be, or with reasonable diligence should have been, first known or discovered.

For the purposes of this section, "professional land surveyor" shall have the same meaning as that term is defined in Section 73-13-71.

SECTION 2. This act shall take effect and be in force from and after its passage.