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NRS / NAC Rule of                                             (b)  Locate, relocate, use, install or replace a survey monument.
                                                                      (c)  Perform land or control surveying.
        the Month                                                     2.    Before entering private land pursuant to subsection 1,
                                                                a surveyor shall provide written notice to the owner or occupant
                                                                of the land of the proposed date and approximate time of entry
                                                                upon the land and a statement of the purpose for entry upon the
                                                                land. The notice must include the name, registration number and
                                                                business affiliation of the surveyor. The surveyor shall obtain the
                                                                approval of the owner or occupant of the land before entry. An
                                                                owner shall not unreasonably withhold approval of such entry on
                                                                his land. The provisions of this subsection are not applicable to an
                                                                entry made pursuant to NRS 37.050.

                                                                       3.    Nothing in this section may be construed to relieve a
                                                                surveyor from any civil liability for any damage caused by his entry
                                                                pursuant to subsection 1.
                                                                 4.    As used in this section, “surveyor” includes:
                                                                      (a)  A professional land surveyor or his designee.
                                                                      (b)  A surveyor employed by the Federal Government or an
                                                                agency of the Federal Government, the State of Nevada, a political
                                                                subdivision of the state or an agency of the state.
        Original Language
           NRS  625.335    Entry upon land or water to perform duties:   The language of section 1 is similar to what it is today. However,
        Authority; notice; approval; civil liability.           it originally did not include the clause holding a surveyor liable for
              1.    A surveyor may enter public or private land, a water course   damage caused by their entry. It also did not define surveyor.
        or a body of water to:                                  The Senate Committee on Commerce and Labor first discussed
              (a)  Investigate, recover, establish, re-establish, rehabilitate,   this bill on April 24, 1991. The bill also contained other provisions
        perpetuate or use evidence of a boundary location.      related to the practice of land surveying. Senators on the
              (b)  Locate, relocate, use, install, perpetuate or replace a survey   Committee had concerns about surveyors entering private
        monument.                                               property without permission. They also expressed concern
              (c)  Perform land or control surveying.           about liability arising from entering private property. After
              2.    Before entering private land pursuant to subsection 1, a   the initial discussion, an amendment was added to the bill
        surveyor must provide written notice to the owner or occupant   before it was passed. This amendment required the surveyor
        of the land of the proposed date and approximate time of entry   to obtain permission from the owner or occupant of the land
        upon the land and a statement of the purpose for entry upon the   before entry. It also mandated that the owner or occupant
        land. The notice must include the name, number of the license and   cannot unreasonably withhold their consent. The bill passed
        business affiliation of the surveyor. The surveyor shall obtain the   unanimously.
        approval of the owner or occupant of the land before entry. An
        owner shall not unreasonably withhold approval of such entry on   First Amendment
        the land. The provisions of this subsection are not applicable to an   The statute was then amended in 1997 to be a part of Senate Bill
        entry made pursuant to NRS 37.050.                      No. 382. The bill was sponsored by the Committee on Commerce
              3.    The provisions of this section do not relieve a surveyor   and Labor.
        from any civil liability for any damage caused by the surveyor’s      Sec.  33.   NRS 625.335 is hereby amended to read as follows:
        entry pursuant to subsection 1.                               625.335    1.    A surveyor may enter public or private land, a
              4.    As used in this section, “surveyor” includes:  water course or a body of water to:
              (a)  A professional land surveyor or his or her designee.         (a)  Investigate, recover, establish, reestablish, rehabilitate,
              (b)  A surveyor employed by the Federal Government or an   perpetuate or use evidence of a boundary location.
        agency of the Federal Government, the State of Nevada, a political         (b)  Locate, relocate, use, install or replace a survey monument.
        subdivision of the State or an agency of the State.           (c)  Perform land or control surveying.
              (Added to NRS by 1991, 1889; A 1997, 1048; 1999, 963)        2.    Before entering private land pursuant to subsection 1,
        The following historical information was provided by the Nevada   a surveyor  [shall]  must  provide written notice to the owner or
        Board of PE & LS .                                      occupant of the land of the proposed date and approximate
                                                                time of entry upon the land and a statement of the purpose
        LEGISLATIVE HISTORY                                     for  entry  upon  the  land.  The  notice  must  include  the
                                                                name, [registration] number of the license and business affiliation
        Original Language                                       of the surveyor. The surveyor shall obtain the approval of the
        This section was added to NRS 625 in 1991 as part of Senate Bill   owner or occupant of the land before entry. An owner shall not
        No. 419. The statute initially read:                    unreasonably withhold approval of such entry on his land. The
         1.    A surveyor may enter public or private land, a water course or   provisions of this subsection are not applicable to an entry made
        a body of water to:                                     pursuant to NRS 37.050.
               (a)  Investigate, recover, establish, reestablish, rehabilitate,         3.   [Nothing in] The provisions of this section [may be construed
        perpetuate or use evidence of a boundary location.      to] do not relieve a surveyor from any civil liability for any damage
                                                                caused by his entry pursuant to subsection 1.

        28 The Nevada Traverse Vol.49, No.3, 2022
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