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Session Laws, 1989
Volume 771, Page 669   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                       Ch. 3

Also in paragraph (2)(ii)2 of this subsection, the
former reference to "maps of the land" is deleted as
incorrect terminology and possibly misleading, since
the practice of land surveying does not include
"practicing cartography".

In paragraph (3) of this subsection, the former
exclusion of "general real estate practices" is
deleted as unnecessary and potentially misleading,
since neither the statutes nor practice suggests that
any aspect of real estate practices would be
considered as the practice of land surveying.

The definition is stated in the infinitive form to
allow minor verb variations of the defined phrase
without taking these variations out of the scope of
the definition.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
part of former Art. 56, § 330(f)(3) is revised in §
15-603 of this title, as prohibitions against
misrepresentations. During review of this title, it
was suggested to the Committee that the part of former
§ 330(f)(3) that read "[a] person 'practices or offers
to practice land surveying' if he ... represents
himself as able or willing to perform those services
which are commonly recognized as land surveying" might
be included in this subsection. On analysis, the
Committee did not agree that the former language would
add any substantive element to the revised definition
of "practice land surveying". Indeed, the Committee
found that inclusion of the former language only would
add a circular element to the definition -- i.e., the
definition of "practice land surveying" would include
providing any service that is commonly recognized as
land surveying. The Committee, therefore, declined to
include the former language in this subsection. The
Committee wishes to emphasize, however, that the
revised definition is not intended to expand, limit,
or prohibit practices authorized under former Art. 56,
§§ 330 through 344A.

Defined term: "Professional land surveyor" § 15-101

(H) PRACTICE PROPERTY LINE SURVEYING.

(1)  "PRACTICE PROPERTY LINE SURVEYING" MEANS TO
PRACTICE LAND SURVEYING, EXCEPT FOR THE SERVICES EXCLUDED UNDER
PARAGRAPH (2) OF THIS SUBSECTION.

(2)  "PRACTICE PROPERTY LINE SURVEYING" DOES NOT
INCLUDE PREPARING A PLAN FOR:

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Session Laws, 1989
Volume 771, Page 669   View pdf image
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