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Getting the Lay of the Land with Texas811

Posted By Scott Finley, Texas811, Wednesday, June 6, 2018
Updated: Monday, June 4, 2018

We’ve all heard the phrase “When in Rome, do as the Romans do.” Well, the Romans did surveying, as did the ancient Egyptians nearly 2700 years earlier. The Romans recognized surveying as a profession – surveyors were known as gromatici. The forebears of today’s surveyors no doubt groused about some of the same things we grumble about -  standing in the sun for hours on end or why an assistant failed to write down measurements. (Probably thinking of his wager in tomorrow’s chariot races!)

One thing they didn’t have to deal with, though, was today’s heavy underground infrastructure.

Ramming a steel survey rod into the ground is like playing roulette. You win if you miss something, you lose if you hit something; how much you lose depends on what you hit.

To prevent that, Texas811 offers a survey/design ticket to identify what’s below before you begin your field work.

 
A pair of ticket survey samples. Reminder - contractors will need to call back in and process a normal ticket once ready to begin working.

According to Scott Sasajima, Director of Operations at Texas811, “Protecting underground facilities always starts with 811. If you’re in the planning stage, request a Survey/Design ticket if no excavation is taking place. If and when that should change, convert your request to a routine ticket so the facility operators are aware of the pending excavation and refresh or place their markings accordingly.”

Again, the design survey ticket does not cover any excavation, and does not relieve the eventual excavator from calling 811 before actual excavation gets underway. TSPS Association President-Elect John Barnard defines a design survey as “typically consisting of boundary (including easements and set backs), improvements, trees and topography... basically a picture of the legal and physical constraints that would affect architectural or engineering design.”

That said, the laws set forth in Utilities Code Title 5, Chapter 251 and the Texas Administrative Code (TAC) Title 16, Part 1, Chapter 18 require excavators (and driving a rod into the ground at that depth turns a surveyor into an excavator by definition) to call 811 if excavation activities exceed a depth of 16”. Therefore, some cases that involve setting property corners, setting control points, and certain other survey activities are considered to be excavation.

Work considered to be for “design purposes” typically does not meet the definition of excavation and therefore operators have no legal requirement to locate their facilities for the requestor. Some do so voluntarily while others may prohibit their locators from responding so a requestor can’t assume that every operator will locate.

For such design jobs, we recommend that you call 811 which will generate a ticket identifying all operators which may have facilities in your proposed project. While you might not receive a Positive Response from all operators at least you will be able to see who is in the area so that you can contact their engineering departments directly and review any potential conflicts.

The operators who are notified have 48 hours to provide a “Positive Response” by either placing marks on the ground identifying the approximate location of the underground facility or by clearing it by fax or e-mail. 

If you do not receive a Positive Response within 48 hours, contact 811 again and declare a “No Response” identifying the operator that did not respond and the contact center will reissue the locate request. Repeat the process as often as necessary if you don’t receive a Positive Response.

More information is always available from your local Damage Prevention Council of Texas (DPC). These 23 non-profit councils hold free monthly meetings with contractors, utility operators, and stakeholders interested in damage prevention. The round table discussions and lunches facilitated by a Damage Prevention Manager are a great way to propose solutions and get answers.

For access to individual DPC websites and meeting schedules or to arrange for a Damage Prevention Manager to speak at one your meetings, visit the DPCs of Texas website.

Always remember that the call to 811 is free as is the subsequent locating.

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Tags:  excavation  infrastructure  land surveying  land surveyors  surveying  surveyors  texas land surveyors  texas surveyors  Texas811 

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National Surveyors Week, What's It All About?

Posted By Frank Lenik, PLS, Thursday, February 8, 2018
Updated: Wednesday, February 7, 2018

We’ve all heard about National Surveyors Week – the week long celebration of the surveying profession that takes place annually in March. But who’s actually celebrating, and how? What is the best way to use this event to the advantage of our profession?

Consider the main three goals of the program:

  1. Public awareness of our profession through education;
  2. Public awareness of our profession through the media;
  3. Public awareness of our profession through public service

The education of the public, both adult and youth, is probably the number one goal of National Surveyors Week. The work we perform for the benefit of the public often goes unrecognized and we need to share our knowledge with them. The work being done by our Trigstar volunteers is incredible and should be highlighted during National Surveyors Week. There are volunteers doing outreach to Boy Scout and Girl Scout groups and resources are available for these programs. We can expand on this and offer to speak to the local Rotary or Lions Club. They are always willing to have a speaker at their meetings. How better to promote your profession and your business than to make a public appearance?

Reaching out to the public through the media and making them aware of our profession and our role in today’s society is a goal whose value we all recognize. Over the last few years we have achieved this in a variety of ways including Presidential, gubernatorial, and municipal proclamations, newspaper articles, and radio spots highlighting National Surveyors Week. There is also a a National Surveyors Week Facebook page and a National Surveyors Week Twitter hashtag. Each of these channels represents another way for the land surveying community to stay connected with a different section of the public.

Although the annual effort of contacting the President, members of Congress, your governor and your municipal leaders may seem trivial, remember that it serves to remind them that surveyors are important. It is an essential part of our awareness campaign and serves as an introduction to our senators and representatives when we visit them on the hill. Whenever a bill, law or ordinance is being contemplated which affects the public and impacts on our profession, these elected officials should know who to turn to for answers to their questions.

Newspaper articles, radio advertisements, and on line media can serve the same function for our profession, keeping us in the public eye. Rather than being hidden behind an attorney, title agent or real estate agent, we can use the media to highlight the value of our profession with our most important constituency our clients. The best way to get an article about surveying published in a newspaper is to contact a local reporter and let them know that you have a good lead on a community interest story. If that fails to attract their attention offer to write one yourself and submit it to the paper. State societies, society chapters and even private firms have written or sponsored articles or public service announcements which serve as advertising for our profession and their businesses.

In his inaugural address on January 20, 1961, President John F. Kennedy poignantly said “Ask not what your country can do for you—ask what you can do for your country”. It is with this attitude in mind that we should attempt to give back to our nation and our profession and lay the groundwork for the future. We can lament the passing of the geodetic field parties of the past and the disappearance of the NGS monuments, or we can embrace the future, share our expertise and volunteer for a common cause. In doing this we can prepare the foundation which future surveyors and the public will turn to for their geodetic positioning. It will help us hone our skills and keep us current  on changes in our own practice.

Republished/edited from a 2015 article

TSPS has submitted a proclamation request to Governor Abbott for National Surveyors Week, March 15th - March 21st, 2020.  

Tags:  land surveying  land surveyors  national surveyors week  surveyors week  texas land surveyors  texas surveyors 

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Misrepresentation of the Tree Species – an Errors & Omissions Claim

Posted By Kristen L. Evon, Thursday, December 7, 2017
Updated: Monday, December 4, 2017

Misrepresentation of the Tree Species – an Errors & Omissions Claim
Submitted By Gina O’Hara, ANCO Insurance
Opinion by Tim Soejfe, Seltzer Chadwick Soefje, PLLC

ISSUE PRESENTED:
Whether a land surveyor performing a routine land title survey falls below the standard of care when the surveyor incorrectly identifies the correct species of a tree identified on the land title survey.

SHORT ANSWER:
Yes. Although the standard of care would not otherwise require the species of a tree to be identified on a land title survey, the misrepresentation of the tree species subjects the land surveyor to liability if the owner reasonably relied on the misrepresentation of the tree’s species to his detriment.

ANALYSIS: 
Whether a land surveyor fails to meet the duty of care depends on the type of survey performed. The reasonable degree of care about the identification of the species of a tree required for a “land title survey” varies from the reasonable degree of care required for a “tree survey.”

The violation of the standard of care is a question of fact for the trier of fact (ie., jury, judge, arbitrator, etc.). Two surveys of the same parcel of land can have great variations and inconsistencies between them, but this does not conclusively prove one land surveyor failed to exercise the requisite degree of reasonable care.

Land surveyors may be held liable for damages resulting from inaccurate surveys if they fail to perform their services with a reasonable degree of care and skill. Dennison, Mark S., Surveyor’s Liability for Negligent Performance of Land Survey, 59 Am. Jur. Proof of Facts 3d 375 (Originally published in 2000). See, Smith v. Herco, Inc., 900 S.W.2d 852 (Tex.App.—Corpus Christi 1995), writ denied, (Oct. 5, 1995) and reh'g of writ of error overruled, (Nov. 2, 1995).

The common-law duty of care imposed on a land surveyor requires a surveyor to “exercise a reasonable degree of care in the performance of their work . . . [and] may generally be defined as the level of care that a surveyor of ordinary skill and prudence would exercise under the same or similar circumstances.” Id. 
The standard of care for a “land title survey” requires only that the land surveyor locate trees on lines of possession and boundaries. Minimum Standards Detail Requirements For ALTA/NSPS Land Title Surveys Minimum Standards Detail Requirements For ALTA/NSPS Land Title (Effective February 23, 2016).1 Land title surveys do not require a land surveyor to identify trees on a survey unless “specified in the contract . . . [or] deemed by the surveyor to be evidence of possession . . .” Id. 

In contrast, “tree surveys” require data on “tree locations, trunk diameter and species.” Austin, Texas – Environmental Criteria Manual, §3.3.2 (A)(1)-(3).2 A tree survey should correctly identify the tree at the species level; however, it is also acceptable to identify the tree by its common name. Id. A land surveyor must do more than locate a tree to satisfy the standard of care for a “tree survey” because such survey requires identification of tree species or type. 

CONCLUSION: 
The best practice for a land surveyor performing a “land title survey,” therefore, is to avoid identifying the species of tree unless specified in the contract or deemed by the surveyor to be evidence of possession. If the land surveyor chooses to exceed what is required by the minimum standard of care and identify a tree’s species, and does so incorrectly, the land surveyor likely is subject to liability for negligent misrepresentation if the owner reasonably relied on the identification. In a “tree survey,” the species must be accurate, or the land surveyor likely falls below the standard of care.

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1 See, http://c.ymcdn.com/sites/www.nsps.us.com/resource/resmgr/ALTA_Standards/2016_Standards.pdf 
2 See, https://library.municode.com/TX/Austin/codes/environmental_criteria_manual?nodeId= 
S3TRNAARPR_3.3.0TRSU

Tags:  land surveying  land surveyors  land title survey  surveyors  texas land surveyors  tree species 

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Promoting Texas Surveying in China

Posted By Paul Kwan, RPLS, Tuesday, October 10, 2017
Updated: Monday, October 9, 2017

During the 2016 TSPS Convention Open House/President’s Reception in San Marcos, I had the opportunity to enjoy the company of colleagues and see friends that I only have the opportunity to see annually at the convention. This year three employees of my firm also were in attendance to join in the fun and education opportunities the conference provides. Sarah Yang, R.P.L.S., Debbie Li, R.P.L.S., and Nhuy Nguyen, R.P.L.S. had the privilege to meet Trisha Lund, R.P.L.S., Heather Sides, R.P.L.S., and Coleen Johnson, R.P.L.S., demonstrating the many opportunities for women surveyors available today.

As the evening winded down and after a hearty meal of finger foods and sufficient refreshments, I was approached by Dr. Gary Jeffress, R.P.L.S. about a trip to China to promote the Texas A&M Corpus Christi masters and PhD program to students at Wuhan University.  Sarah Yang, R.P.L.S. graduated from Wuhan University with a bachelor’s degree in Photogrammetry and Remote Sensing. He commented that it would be beneficial for Wuhan Students to understand the value of her Wuhan Degree and its acceptance as a qualified degree in Texas, as well as learn about surveying in the USA from a Texas R.P.L.S. graduated from their alma mater.  He inquired if I can sponsor Sarah’s travel expenses to attend the one week conference in the City of Wuhan. Thus, a unique opportunity to promote Texas surveying and the Texas A&M Corpus Christi graduate program across the ocean to a group of eager students was born at the TSPS convention.

Dating back to 1893, Wuhan University offers over 756 degree programs for students and is considered to be a world-class comprehensive research university domestically and internationally. It is equivalent to an Ivy League University in the United States. Wuhan University’s School of Geodesy and Geomatics is well respected in the Asian academia circle and has over 2,700 students enrolled.  It offers bachelor, master, and PhD degrees in surveying and mapping related studies.  Dr. Ruizhi Chen, formerly endowed chair and professor of Texas A&M Corpus Christi Geographic Information Science, has moved back to China.  He is currently the Director and Professor at the Key State Laboratory of Information Engineering in Surveying, Mapping, and Remote Sensing at Wuhan University.

In December, 2016 Sarah Yang, R.P.L.S., Dr. Gary Jeffress, R.P.L.S., and Dr. Guoqing Zhou of Texas A&M Corpus Christi arrived in the City of Wuhan.  It is the most populous city in central China with a population of over 10 million people.  The dynamic trio spent time informing students on surveying in the United States, the unique aspect of Texas surveying, licensing requirements, and the education and career opportunities available in the United States. The purpose of their trip was to build a collaborative education relationship between the two universities. The two professors explained the need for qualified Chinese educated surveyors and geospatial scientists to join the Texas A&M Corpus Christi master and PhD programs.

Sarah, speaking in her native tongue, offered the students first-hand experience on life in the United States.  She recalled her experience at Wuhan University and discussed her immigration to Texas and adapting to a completely different language and culture.  She also talked with students about her first surveying job, a day in the life of a professional surveyor in the United States, and surveying Texas style. Sarah explained the process of obtaining professional license and various surveying career paths available to graduating students. Students were eager to learn more about the possibilities and intrigued by the difference in surveying in China versus the United States. She took time to discuss the Texas land system, measuring units in the United States, surveying regulations, and the State Plane Coordinate System, all which differ from surveying in China.

Dr. Gary Jeffress, R.P.L.S. and Dr. Guoqing Zhou spoke to students in an organized lecture to promote the graduate program at Texas A&M University Corpus Christi. The professors discussed ongoing research at the University and the different degree programs available. They also educated students on the various career paths available after graduation from the Geographic Information Science Program at Texas A&M University Corpus Christi.

  

“My trip back to Wuhan University, after graduating 25 years ago, was very exciting and rewarding. The City had changed tremendously and the infrastructure had been improved and transformed into a more modern and busy metropolitan area. I was surprised by the School Of Geodesy and Geomatics proactive approach to connect itself with universities from all over the world.  The school hosts lectures and workshops to provide students with the most up-to-date information on technology and opportunities. In addition, the school works diligently to recruit the finest scholars and professors to join their university. The students we interacted with were eager to learn about surveying in Texas and showed passion and ability for expanding their knowledge in their field. This entire trip was rewarding to not only the students but also for me, and Drs. Gary Jeffress and Guoging Zhou.” said Sarah Yang, RPLS.

This trip to China to promote Texas surveying was a success and very beneficial for both Texas A&M University Corpus Christi and Wuhan University. The students and faculty members at Wuhan University had a unique opportunity to hear and see Texas surveying from well-respected professors, two Texas R.P.L.S.’s, and a classmate returning from overseas. Surveying education is universal without boundary lines.

Tags:  land surveying  land surveyors  surveyors  texas a&m university corpus christi  texas land surveyors  wuhan university 

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