performing surveying services

When performing surveying services at the request of a landowner or person with an interest in real estate, a professional land surveyor and the surveyor's assistants may, without the consent of the owner or person in possession, enter upon or cross any lands necessary to perform surveying services.

1.__No authority to intentionally damage or move object.__ Nothing in this section may be construed as giving authority or license to a professional land surveyor or the surveyor's assistant to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another without the permission of the owner.

2.__Civil liability for actual damage.__This section may not be construed to remove civil liability for actual damage to land, chattels, crops or personal property.

3.__No authority to enter building used as residence or for storage.__This section may not be construed to give a professional land surveyor or the surveyor's assistant the authority to enter any building or structure used as a residence or for storage.

4.__Professional land surveyor shall make reasonable effort to notify landowners.__A professional land surveyor shall make reasonable effort to notify a landowner upon whose land it is necessary for the professional land surveyor to enter or cross.__ Notice provided as follows meets the requirement of this subsection:

A.__Written notice delivered by hand to the landowner or to the residence of the landowner upon whose land the surveyor may enter or cross, delivered at least 24 hours prior to the surveyor's entering the land; or

B.__Written notice mailed by first class mail to the landowner upon whose land the surveyor may enter or cross, postmarked at least 5 days prior to the surveyor's entering the land.__The surveyor may rely on the address of the landowner as contained in the municipal property tax records or their equivalent.

5.__Owner or occupant of land; duty of care; liability.__The duty of care an owner or occupant owes to the professional land surveyor and the surveyor's assistant is the same as that owed a trespasser.