Senate Bill No. 281
(By Senator Sypolt)
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[Introduced January 21, 2008; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-13A-38; and to
amend said code by adding thereto a new section, designated
§31-2-16, all relating to land surveyors entering on railroad
property; providing railroad company not liable for injury or
damages sustained by land surveyor on railroad property; and
providing liability for actual damages to railroad property
caused by land surveyor.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-13A-38; and that
said code be amended by adding thereto a new section, designated
§31-2-16, all to read as follows:
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 13A. LAND SURVEYORS.
§30-13A-38. Right of land surveyors to enter on railroad property.
A land surveyor may enter upon railroad property when it is
necessary for the purpose of making a survey to ascertain property
boundaries pursuant to the provisions of section sixteen, article
two, chapter thirty-one.
CHAPTER 31. CORPORATIONS.
ARTICLE 2. RAILROAD COMPANIES.
§31-2-16. Right of land surveyors to enter on railroad property.
(a) A land surveyor, licensed pursuant to article thirteen-a,
chapter thirty, and the surveyor's authorized agents and employees
may enter upon railroad property when it is necessary for the
purpose of making a survey to ascertain property boundaries. If
the licensed surveyor has made a reasonable attempt to notify the
railroad company in possession, the entry is not a trespass. Upon
notice, the railroad company in possession shall provide the
licensed surveyor with a train schedule or timetable for requested
dates:
Provided, That the railroad company has the right to modify
the time and other provisions of the surveyor's access upon
notification to the surveyor, as long as the modifications do not
unreasonably restrict completion of the survey.
(b) A railroad company is not liable for injury or damages
sustained by a land surveyor or the surveyor's authorized agents
and employees entering upon railroad property under the provisions
of this section, except when damages and injury are willfully or deliberately caused by the railroad company in possession.
(c) This section does not remove liability for actual damages
to railroad property caused by a land surveyor, his or her
authorized agents or employees.
NOTE: The purpose of this bill is to allow entry by land
surveyors, at their own risk, onto railroad property for the
purpose of ascertaining property boundaries.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.