Right of Entry
Came across a pretty upset landowner recently while walking along the lake edge on my way to recover a BLM monument. I was accused of trespass, but it is my understanding that the right of entry law allows me to enter upon private property to conduct survey related activities when the land has been previously surveyed without notice. Landowner was not interested in my apology and was not interested in hearing this right of entry law. I also don??t think he was aware of public access along his boundary lines.
RIGHT of ENTRY
AS 34.65.020. Entry Upon Land For Survey Purposes.
(a) A land surveyor or an employee of a land surveyor may enter public or private land or water in the state only to occupy, locate, relocate, install, or replace survey monuments, to locate boundaries, to determine geodetic positions, and to make surveys and maps.
(b) The land surveyor shall give reasonable notice to the owner or occupant of the land of an intent to enter private land for survey purposes. The notice must indicate the anticipated date of the entry for survey purposes.
(c) Notice under (b) of this section is not required for a survey along previously surveyed boundaries within a platted subdivision accepted or recorded by the federal government or approved under AS 29.40.110or 40.15.010.
(d) A land surveyor or an employee of a land surveyor who complies with the notice requirements of (b) of this section is liable to the landowner only for actual damages.
(e) The attorney general may bring an action in the name of the state to restrain and prevent the obstruction of entry under (a) of this section.
Anyone come across being accused of trespass? I am interested to hear some of your stories.
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