S 0281 General Bill, By Wilson and Bauer

Similar(S 260, H 4072)
 A BILL TO AMEND SECTION 16-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO ENTRY ON ANOTHER'S LANDS FOR VARIOUS PURPOSES WITHOUT PERMISSION,
 SO AS TO ALLOW REGISTERED LAND SURVEYORS, THEIR EMPLOYEES AND AGENTS TO ENTER
 ONTO THE LANDS OF OTHERS FOR THE PURPOSE OF PERFORMING CUSTOMARY AND NECESSARY
 ACTS OF SURVEYING LAND.

   02/06/01  Senate Introduced and read first time SJ-12
   02/06/01  Senate Referred to Committee on Judiciary SJ-12

TO AMEND SECTION 16-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRY ON ANOTHER'S LANDS FOR VARIOUS PURPOSES WITHOUT PERMISSION, SO AS TO ALLOW REGISTERED LAND SURVEYORS, THEIR EMPLOYEES AND AGENTS TO ENTER ONTO THE LANDS OF OTHERS FOR THE PURPOSE OF PERFORMING CUSTOMARY AND NECESSARY ACTS OF SURVEYING LAND.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-11-610 of the 1976 Code is amended to read:

"Section 16-11-610. Any person entering upon the lands of another for the purpose of hunting, fishing, trapping, netting; for gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables or herbs; or for cutting timber on such land, without the consent of the owner or manager, shall be deemed guilty of a misdemeanor and upon conviction shall, for a first offense, be fined not more than two hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.

Registered land surveyors, their employees, and agents may enter onto the lands of others and carry with them their customary equipment for the geographical area concerned, to obtain the monumentation required and perform the customary and necessary acts to perform the surveys of land. The reasonable removal of undergrowth, brush, and limbs from naturally occurring plants for sight lines and the marking of boundary trees and witness trees are considered normal and necessary actions under this section. A landowner is not liable for the negligent or wilful acts of the land surveyor, his employees, or agents in the course of performing their duties. A landowner must not be held liable for injuries to the person or property of the land surveyor, his employees, or agents while they all are performing their duties if the injury does not result from unlawful, malicious, or wilful conduct of the landowner or his agents."

SECTION 2. This act takes effect upon approval by the Governor.