Surveyor entry in or upon property; liability

Miss. Code Ann. § 73-13-47, under Engineers and Land Surveyors.

Miss. Code Ann. § 73-13-47

(1) For the purposes of this section, the term “surveyor” means a licensed professional surveyor as defined in this chapter, and any person who is employed by or under the direct supervision of a professional surveyor licensed under this chapter.

(2) 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 or herself and his or her intentions before entering upon private property and must present documentation sufficient to identify himself or herself as a surveyor to anyone requesting such identification.

(3) 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.

(4) 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 cause by the intentional tortious conduct of landowner or his or her agent.