Senate Bill 2295

AN ACT TO AMEND SECTION 73-13-103, MISSISSIPPI CODE OF 1972, TO REQUIRE COMPANIES AND GOVERNMENT ENTITIES TO NOTIFY AND EXPLAIN PROPOSED PUBLIC PROJECTS TO LANDOWNERS BEFORE HIRING A SURVEYOR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 73-13-103, Mississippi Code of 1972, is amended as follows:

73-13-103. (1) For the purposes of this section, the term "surveyor" means a licensed professional surveyor as defined in Section 73-13-71, and any person who is employed by or under the direct supervision of a professional surveyor licensed under Sections 73-13-71 through 73-13-97.

(2) Companies and government entities must in good faith make an attempt to notify and explain proposed projects to landowners prior to hiring a surveyor for the purpose of public projects. Proof of sufficient attempted notice shall be required from surveyors working for companies and government entities in order to raise eminent domain as a defense to their unpermitted presence on private property.

( * * *23) A surveyor may enter in or upon public or private lands or waters, except buildings, while in the lawful performance of surveying duties without criminal liability for trespass; however, a surveyor shall make a good faith attempt to announce and identify himself and his intentions before entering upon private property and must present documentation sufficient to identify him as a surveyor to anyone requesting such identification.

( * * *34) The provisions of this section do not relieve a surveyor from any civil liability that otherwise is actionable at law or in equity, and do not relieve a surveyor from criminal liability for trespass if the entry in or upon the property extends beyond the property or area that is necessary to actually perform the surveying duties.

( * * *45) Surveyors shall be personally liable for any damage caused to private property when exercising entry under this section. No cause of action shall lie against a landowner for damages to a surveyor while on such lands unless the damage is caused by the intentional tortious conduct of a landowner or his agent.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.