HOUSE BILL No. 5640


     March 10, 1998, Introduced by Reps. Tesanovich, Prusi, Cherry, Vaughn, Hale, Richner, Horton, DeHart, Cropsey, Scott and Raczkowski and referred to the Committee on Regulatory Affairs.


        A bill to amend 1976 PA 115, entitled

   "An act to provide surveyors with a right of entry and to limit
   liability,"

   by amending section 2 (MCL 54.122).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 2.  (1)  A  SUBJECT TO SUBSECTION (2), A surveyor may

 2    enter upon public or private lands or waters in this state,

 3    except buildings, for the purpose of making a survey.

 4         (2) BEFORE ENTRY UPON PRIVATE LANDS OR WATERS UNDER SUBSEC-

 5    TION (1), THE SURVEYOR SHALL PROVIDE WRITTEN NOTICE TO BOTH THE

 6    OWNER AND OCCUPANT OF THE LAND OR WATER NOT LESS THAN 2 WEEKS

 7    BEFORE THE INTENDED TIME OF ENTRY.  IN THE CASE OF LAND THAT

 8    APPEARS TO THE SURVEYOR TO BE UNOCCUPIED, NOTICE SHALL BE GIVEN

 9    TO THE OWNER OF RECORD.  NOTICE GIVEN IN THE MANNER PROVIDED FOR





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 1    UNDER THIS SUBSECTION IS PRESUMED TO BE RECEIVED BY THE OWNER OR

 2    OCCUPANT, OR BOTH.

 3         (3)  (2)  A vehicle used for or during entry pursuant to

 4    this section shall be identified on the exterior by a proper and

 5    ethical sign listing name, address, and telephone number of the

 6    surveyor or firm.












































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