(a) A professional land surveyor licensed pursuant to this chapter, and any assistant under the direct supervision of the professional land surveyor, may enter the private property of the landowner of the real property to be surveyed and any adjoining lands, but not any building, structure, residence, or vehicle, at reasonable times to perform land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed after providing a written notice not less than ten days before the proposed date of entry.
Terms Used In Hawaii Revised Statutes 464-17
Land surveying: means any professional service or work which involves the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features on the surface and immediate subsurface of the earth, or on the beds or surface of bodies of water, for the purpose of determining, establishing, describing, displaying, or interpreting the size, shape, topography, elevation datum planes, legal or geodetic location or relocation, or orientation of improved or unimproved real property and appurtenances thereto, including acreage. See Hawaii Revised Statutes 464-1
land surveyor: means a person who holds oneself out as able to practice, or who does practice, land surveying in this State. See Hawaii Revised Statutes 464-1
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) The written notice shall include:
(1) The date and time the entry is scheduled to occur;(2) A description of the work to be performed;(3) The approximate duration of the entry;(4) A statement that the landowner of the real property to be surveyed and the landowners of adjoining lands may refuse entry by making a timely written objection;(5) A statement of the date, time, and method by which the landowner of the real property to be surveyed and the landowners of adjoining lands may object; and(6) A statement of the date, time, and method by which the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands may notify of a disruption or interference with operations on the properties involved.(c) The written notice shall be sent to the last known address of the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands to be accessed. Notice sent by certified mail shall be deemed sufficient notice for purposes of this section.(d) An objection shall be expressly communicated to the professional land surveyor in writing no later than seventy-two hours before the date the survey work is to be performed. If the landowner of the real property to be surveyed or a landowner of adjoining lands makes a timely objection, the professional land surveyor, and any assistant under the direct supervision of the professional land surveyor, shall not be authorized to enter the private property of the objecting landowner pursuant to this section. If the landowner of the real property to be surveyed or a landowner of adjoining lands does not make a timely objection, the professional land surveyor, and any assistant under the direct supervision of the professional land surveyor, shall be authorized to enter the private property of the landowner pursuant to this section.(e) When the landowner of, or person with an interest in, the real property to be surveyed or the landowner or occupier of adjoining lands gives notice to the professional land surveyor that the surveying may disrupt or interfere with operations on the properties involved, the professional land surveyor shall meet with the landowner, person with interest, or occupier to negotiate a mutually agreeable date and time to perform the land surveying.(f) The professional land surveyor or professional land surveyor’s assistant shall carry:
(1) A government-issued photo identification;(2) A copy of the written notice submitted pursuant to this section; and(3) The land surveyor’s:
(A) Certificate of licensure with the license number issued pursuant to this chapter, or a facsimile thereof; or(B) Seal or stamp, or facsimile thereof, authorized pursuant to section 464-11.”
