No action for trespass shall lie against any surveyor licensed under chapter 391 or person acting at the direction of any such licensed surveyor who enters upon land other than the land being surveyed without causing any damage to such other land in order to perform a survey, provided no such surveyor or person acting at the direction of such surveyor shall enter upon any land owned by a railroad company, as defined in section
13b-199, which is within fifty feet of a railroad track without first obtaining written permission from the railroad company, which written permission shall not be unreasonably withheld. Nothing herein shall relieve such licensed surveyor or person from liability for actual damages caused by such entry upon such other property.
(P.A. 89-310, S. 1; P.A. 92-74, S. 2, 7; P.A. 14-134, S. 6.)
History: P.A. 92-74 amended section to require surveyor or person acting at the direction of surveyor to obtain railroad company's written permission before entering upon any land owned by it which is within 50 feet of a railroad track; P.A. 14-134 replaced reference to Sec. 16-1 with reference to Sec. 13b-199, effective June 6, 2014.
Cited. 238 C. 653; Id., 687.
Notes of Decisions
Smith v. Supple, 293 A.3d 851 (Conn. 2023).
· cites it 2× “47–52 (holding that denial of motion for summary judgment premised on § 28-13 was immediately appealable under second prong of Curcio because statute provided immunity from suit based on language that attorney general must ‘‘ ‘appear for and defend’ ’’ political subdivisions, as…”
Smith v. Supple, 293 A.3d 851 (Conn. 2023).
· cites it 2× “47–52 (holding that denial of motion for summary judgment premised on § 28-13 was immediately appealable under second prong of Curcio because statute provided immunity from suit based on language that attorney general must ‘‘ ‘appear for and defend’ ’’ political subdivisions, as…”
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