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Introduced Version Senate Bill 281 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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