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Trespassing Texas Land Surveying

It has come to my attention that there has been some misinformation put out on the web by various sources on Registered Professional Land Surveyors in Texas and trespass. Here it the part of Texas codified law that deals with this subject (Please note there is a separate set of provisions within the Code for Licensed State Land Surveyors). 

Texas Occupation Code, Title 6, Chapter 1071, Subchapter “H”

Registered Professional Land Surveyor and Trespass.

 

 

Sec. 1071.3585.  COURT ORDER FOR REGISTERED PROFESSIONAL LAND SURVEYOR TO CROSS LAND.  (a)  A registered professional land surveyor engaged in surveying who is denied permission to cross land owned by a person or entity may seek a court order authorizing the surveyor to cross the land.

(b)  A registered professional land surveyor may apply for an order under this section from the district court.  Venue for the action is in the county in which the land is located.

(c)  If the registered professional land surveyor holds office as a county surveyor and is engaged in surveying in the person's official capacity, the county attorney may apply for an order under this section.

(d)  The court shall grant the order on proof that:

(1)  the person is a registered professional land surveyor acting in the person's official capacity as a county surveyor; or

(2)  the person is a registered professional land surveyor and the issuance of a court order authorizing the person to cross the land is in the public's best interest.

 

Added by Acts 2007, 80th Leg., R.S., Ch. 158 (S.B. 1634), Sec. 2, eff. May 21, 2007.

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