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No Trespassing
Posted by RADAR on April 20, 2021 at 4:51 pmSaw a sign today that I had never seen before:
I need to go look for a quarter corner on this guy’s property; not sure if I should go knock on his door ????
What do you guys think?
Dougie
rover83 replied 2 years, 11 months ago 26 Members · 62 Replies- 62 Replies
Seriously…
The only frightening thing about the sign is that he spent tons of money on the fence it sits on…he probably has excess money and time to sue you…
-All thoughts my own, except my typos and when I am wrong.Ah, that sucks
And if you go for it, you know he’s going to be coming up the driveway the minute you spot the monument, but haven’t had a chance to shoot it yet
Extending that courtesy will likely be met by the owner reciprocating.
Yes, I always approach the land owner.
Of course, up there in AK, surveyors doing their job and heading to a monument are not trespassing (after giving notice), from what I remember. Not so here in WA where RADAR and I toil.
-All thoughts my own, except my typos and when I am wrong.BTW, this should be the model law for every state in the union:
AS 34.65.020. Entry Upon Land For Survey Purposes.
(a) A land surveyor or an employee of a land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, to determine geodetic positions, and to make surveys and maps.
(b) The land surveyor shall give reasonable notice to the owner or occupant of the land of an intent to enter private land for survey purposes. The notice must indicate the anticipated date of the entry for survey purposes.
(c) Notice under (b) of this section is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government or approved under AS 29.40.110 or 40.15.010.
(d) A land surveyor or an employee of a land surveyor who complies with the notice requirements of (b) of this section is liable to the landowner only for actual damages.
(e) The attorney general may bring an action in the name of the state to restrain and prevent the obstruction of entry under (a) of this section.-All thoughts my own, except my typos and when I am wrong.Well I don’t think he’s asserting anything that isn’t true or misleading. Although he is rather obtuse in his declaration to the general public I believe that’s just an indication of his personality. Give him a call and let him know what you’re needing.
BTW – All of the “go or no go” on my field work hinges on contact with any of the owners around the work area. I started doing this about 5 years ago; it’s a PITA sometimes and can scuttle an otherwise perfect day. But I try to make contact well ahead of my field visit.
Oh, and wear the red ball cap with proper attire. If you can have Lee Greenwood blaring on your truck radio it might help. 😉
That sign is sitting in WA…just as many gov’t hating leftys as rightys out here. We even have a left wing militia out here on the left coast.
-All thoughts my own, except my typos and when I am wrong.A few years back I marked up a plan to give to the field crew with the limits of topo; the crew chief took a picture of this sign that’s about 100′ short of my limits and told me that the bottom line trumped my instructions
Wimps. In my day we just hopped the fence.
-All thoughts my own, except my typos and when I am wrong.I think that I send a letter or make a call and get permission before I walk through that gate.
@norman-oklahoma
I hope everyone has a great day; I know I will!Maybe he just needs a hug…. ????
I prefer to find out if I’m dealing with nut job before I go trompsing through their property or what they think is theirs anyway. The guy that told me my survey vest would make for a perty target for his .338 win mag got my attention.
Willy- Posted by: @williwaw
The guy that told me my survey vest would make for a perty target for his .338 win mag got my attention.
I dealt with that in both AK and TX. So far haven’t had it happen much in WA. Most of the time if they are blustering like that, they’re all talk. Still, you can be 100% right and 100% dead, so it’s best to err on the side of caution.
I much prefer to let the client handle right of entry, especially on public works projects. They’ve got more clout than me, and I have enough on my plate.
On the very few occasions where we really needed that monument and got both the client and the sheriff involved, it was fun to watch law enforcement patiently explain to Armchair Rambo that they actually do not live in a post-apocalyptic doomsday scenario, nor do they have a God-given right to murder someone to soothe their insecurities.
“…people will come to love their oppression, to adore the technologies that undo their capacities to think.” -Neil Postman How do you know if you have permission unless you walk up and knock on the door? Go ask, this guy probably just doesn’t want uninvited hunters on his property.
my default assumption would be you’re not dealing with the nicest person, but the only threat i see explicitly stated is the word “prosecuted.”
contrast with my default assumption when i see this:
which, in my mind, translates roughly to “hope you remembered your kevlar.”
though the only time i’ve ever been actually shot AT while surveying was by some joe dirt tweaker who i’m pretty sure thought i was a feral hog rooting around in the brush. (and not on his property.)
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