Trespass and Surveyors

The trespass Statute in Oklahoma (OS Title 21 Chapter 70 Section 1835.2) has needed some work since it was passed in 2006. I am not sure of the history of 1835.2 but it somewhat conflicts with 1835. 1835 gives Land Surveyors in the performance of their duties immunity from criminal trespass. Something that is necessary for us to meet the State Minimum Standards for Land Surveying. In 2006, Section 1835.2 was passed which still protected us from criminal trespass although adding a paragraph which lists a group a people that must leave the property if asked to do so orally or in writing. They include:

• Registered land surveyors in the performance of their professional services
• Registered professional engineers in the performance of their professional services 
• persons making a delivery 
• persons selling a product or service 
• persons conducting a survey or poll persons working on behalf of a candidate for political office 

Now maybe I am just overly sensitive, but it seems that two of these don't belong with the others in this list. I understand and respect the individual rights of landowners (I am one). I really do. However, when we are tasked with marking the limits of property boundaries according to State mandated standards, we are often required to cross onto the lands of others. Land Surveyors are, and always will be, liable for any damages caused while performing their duties. For purposes of this article we are only talking about criminal trespass.

Attempts have been made to remedy this situation. Most recently this year when Senator A.J. Grffin introduced a bill which it made it to committee and died there for no particular reason. We even had Farm Bureau and the Oklahoma Cattlemen s Association in full support of the bill. THAT is why I could never be in politics.