Bill Text: MS SB2295 | 2024 | Regular Session | Introduced

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Bill Title: Eminent Domain; require entities to notify and explain proposed projects to landowners before hiring a surveyor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-05 - Died In Committee [SB2295 Detail]

Download: Mississippi-2024-SB2295-Introduced.html

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MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Hill

Senate Bill 2295

AN ACT TO AMEND SECTION 73-13-103, MISSISSIPPI CODE OF 1972, TO REQUIRE COMPANIES AND GOVERNMENT ENTITIES TO NOTIFY AND EXPLAIN PROPOSED PUBLIC PROJECTS TO LANDOWNERS BEFORE HIRING A SURVEYOR; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-13-103, Mississippi Code of 1972, is amended as follows:

     73-13-103.  (1)  For the purposes of this section, the term "surveyor" means a licensed professional surveyor as defined in Section 73-13-71, and any person who is employed by or under the direct supervision of a professional surveyor licensed under Sections 73-13-71 through 73-13-97.

     (2)  Companies and government entities must in good faith make an attempt to notify and explain proposed projects to landowners prior to hiring a surveyor for the purpose of public projects.  Proof of sufficient attempted notice shall be required from surveyors working for companies and government entities in order to raise eminent domain as a defense to their unpermitted presence on private property.

     ( * * *23)  A surveyor may enter in or upon public or private lands or waters, except buildings, while in the lawful performance of surveying duties without criminal liability for trespass; however, a surveyor shall make a good faith attempt to announce and identify himself and his intentions before entering upon private property and must present documentation sufficient to identify him as a surveyor to anyone requesting such identification.

     ( * * *34)  The provisions of this section do not relieve a surveyor from any civil liability that otherwise is actionable at law or in equity, and do not relieve a surveyor from criminal liability for trespass if the entry in or upon the property extends beyond the property or area that is necessary to actually perform the surveying duties.

     ( * * *45)  Surveyors shall be personally liable for any damage caused to private property when exercising entry under this section.  No cause of action shall lie against a landowner for damages to a surveyor while on such lands unless the damage is caused by the intentional tortious conduct of a landowner or his agent.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.

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