California Surveyors Forums

I have a particular situation whereby I need to search for monuments of record inside of an environmentally sensitive area. I am being told that I cannot dig in this area although that is where the record monuments where set back in 1913. I am sure the area was not environmentally protected back then.

We had already found two of the dozen or so monuments that are supposed to be there before we were told to exit the area. I am confident that we will find more of the remaining monuments needed to settle a boundary dispute.

We as land surveyors are exempt from California trespass laws in the course of our performing our professional duties. Does anyone of you know if that carries over to environmentally sensitive/protected land?

I was am interested to see if anyone else has come across a similar situation before.

Sincerely,

LS 7214

Nope! But I have wondered when this day would come for the last 20 years! I thought I would get nabbed for driving across sacred ground before now, and be sacrificed to the environmental Gods for doing so. Good luck, Jp

Section 8774 of the PLSA provides for right of entry upon or to real property to investigate and utilize boundary evidence, and to perform surveys.
The owner or tenant shall be notified of the proposed time of entry where practicable.

It certainly is prudent to contact the entity having jurisdiction over the environmentally sensitive/protected land (County?) to arrange for a suitable reconnaissance - with a chaperone if necessary, much like having a deputy sheriff accompany one on occasion.