Pennsylvania Act 2006-72 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - DESTRUCTION OF SURVEY MONUMENT AND ACTIONS RELATING TO LAND SURVEYING

Act text

CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - DESTRUCTION OF
          SURVEY MONUMENT AND ACTIONS RELATING TO LAND SURVEYING
                  Act of Jul. 7, 2006, P.L. 348, No. 72               Cl. 18
                             Session of 2006
                               No. 2006-72

     HB 496

                                  AN ACT

     Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
        Judicial Procedure) of the Pennsylvania Consolidated
        Statutes, providing for the offense of the destruction of a
        survey monument; further providing for actions relating to
        land surveying; and making an editorial change.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 18 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 3312.  Destruction of a survey monument.
        (a)  Offense defined.--
            (1)  A person commits a summary offense if he
        intentionally cuts, injures, damages, destroys, defaces or
        removes any survey monument or marker, other than a natural
        object such as a tree or stream.
            (2)  A person commits a misdemeanor of the second degree
        if he willfully or maliciously cuts, injures, damages,
        destroys, defaces or removes any survey monument or marker in
        order to call into question a boundary line.
        (b)  Restitution.--Any person convicted of violating this
     section shall, in addition to any other penalty imposed, be
     liable for the cost of the reestablishment of permanent survey
     monuments or markers by a professional land surveyor and all
     reasonable attorney fees.
        (c)  Affirmative defense.--It is an affirmative defense to
     any prosecution for an offense under this section that the
     survey monument or marker was improperly placed by a
     professional land surveyor.
        (d)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Professional land surveyor."  As defined under the act of
     May 23, 1945 (P.L.913, No.367), known as the Engineer, Land
     Surveyor and Geologist Registration Law.
        "Survey monument or marker."  Any object adopted or placed by
     a professional land surveyor to define the boundaries of a
     property, including, but not limited to, natural objects such as
     trees or streams, or artificial monuments such as iron pins,
     concrete monuments, set stones or party walls. The phrase does
     not include a wooden stake placed by a professional land
     surveyor as a temporary marker or place holder.
        Section 2.  Section 5537 of Title 42 is amended to read:
      § 5537.  Land surveying.
        All actions to recover any or all damages against any person
     engaged in the practice of land surveying occurring as the
     result of any deficiency, defect, omission, error or
     miscalculation shall be commenced within [21] 12 years from the
     time the services are performed. Any such action not commenced
     within this [21-year] 12-year period shall be forever barred.
     The cause of action in such cases shall accrue when the services
     are performed. Furthermore, any action shall be commenced within
     four years from the time that such cause of action was
     discovered, but no later than during this [21-year] 12-year
     limitation period. In any event, no action shall be commenced
     after the [21] 12 years from the time that the services are
     performed. The term "practice of land surveying" shall be the
     same as defined under the act of May 23, 1945 (P.L.913, No.367),
     known as the [Professional Engineers] Engineer, Land Surveyor
     and Geologist Registration Law.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL