1. Engineering Land Surveys: The Case of Southeastern Reprographics, Inc. (Davey Resource Group).
- Author
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Marsico, Salvatore
- Subjects
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SURVEYING (Engineering) , *ELECTRIC cooperatives , *SURVEYORS , *LICENSE agreements , *LAND use - Abstract
A professional land surveyor practices a branch of the profession of engineering in which land surveying principles are used to determine, among other things, the position of any monument or reference point that marks a property line or boundary. The question that arises is whether licensure is required to perform what is termed "engineering land surveys?" In 2016, the Commonwealth Court of Pennsylvania decided a case of first impression that involved a nonsurveying company hired to locate fixed assets of a rural electric cooperative with the use of various tools including mapping grade global positioning system/geographic information system (GPS/GIS). In this case, the first of its kind in Pennsylvania, the court addressed the question whether or not locating a fixed point on the surface of the earth constituted a violation of licensing law. The court concluded that the mere fact of locating a point on the surface of the earth does not violate the registration law and that the law must be interpreted in light of the legislative intent of the statute requiring that sections of a statute be read together and construed in reference to the entire statute to give effect to all related provisions so as to not produce an absurd result. This paper will review the case of Southern Reprograhics [now Davey Resource Group (DRG)] in light of the appellate court's decision that DRG did not violate the Professional Registration Law of Pennsylvania by performing a contract to locate and inventory the assets of a rural electric cooperative. The Appellate Court reasoned that the mere fact of performing an engineering land survey by locating an asset on the surface of the earth did not rise to the level of a violation of the registration law. [ABSTRACT FROM AUTHOR]
- Published
- 2019