§ 18-4-515 — Entry to survey property - exception to criminal trespass

(1)
Effective July 1, 1992, no person shall be in violation of the trespass laws of this part
5 if the requirements of this section are met. The provisions of this section provide
an exception to the trespass laws only and do not affect or supersede the
provisions and requirements of articles 1 to 7 of title 38, C.R.S., concerning
condemnation proceedings, notwithstanding any laws to the contrary.

(2) Any person who is licensed as a professional land surveyor pursuant to
section 12-120-313, or who is under the direct supervision of such a person as an
employee, agent, or representative, may enter public or private land to investigate
and utilize boundary evidence and to perform boundary surveys if the notice
requirement in this subsection (2) is met. The notice of the pending survey shall
contain the identity of the party for whom the survey is being performed and the
purpose for which the survey will be performed, the employer of the surveyor, the
identity of the surveyor, the dates the land will be entered, the time, location, and
timetable for such entry, the estimated completion date, the estimated number of
entries that will be required, and a statement requesting the landowner to provide
the surveyor with the name of each person who occupies the land as a tenant or
lessee, whether on a permanent or a temporary basis. Nothing in this subsection (2)
shall be deemed to confer liability upon a landowner who fails or refuses to provide
such requested statement. At least fourteen days before the desired date of entry,
the professional land surveyor shall cause such notice to be given to the landowner
by certified mail, return receipt requested, and by regular mail. Any landowner may
waive the requirement that notice be given by certified mail, return receipt
requested, and by regular mail. The waivers described in this subsection (2) may be
given orally or in writing.

(3) If a landowner does not acknowledge receipt of the notice within
fourteen days of such receipt, the professional land surveyor or other persons
described in subsection (2) of this section shall have the right to enter the land
pursuant to the specifications given in the notice. If a landowner acknowledges
receipt of the notice within fourteen days of receipt, such landowner has the right
to modify the time and other provisions of the surveyor's access, as long as such
modifications do not unreasonably restrict completion of the survey.

(4) All persons described in subsection (2) of this section who enter land
pursuant to and for a purpose described in this section shall carry upon their person
at all times during entry and stay upon the land sufficient identification to identify
themselves and their employer or principal, and shall present such identification
upon request.

(5) Persons described in subsection (2) of this section shall be liable for
actual damages caused during entry and stay upon a landowner's land. No
professional land surveyor or person under such surveyor's direct supervision shall
have a civil cause of action against a landowner or lessee for personal injury or
property damage incurred while on the land for purposes consistent with those
described in subsection (2) of this section, except when such damages and injury
were willfully or deliberately caused by the landowner.

Legislative History

Source: L. 92: Entire section added, p. 429, � 1, effective April 29. L. 2004: (2) amended, p. 1310, � 53, effective May 28. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1675, � 95, effective October 1.