MARVIN MANDEL, Governor                                   413

BY THIS SECTION.

(C)   DAMAGE TO OR DESTRUCTION OF PROPERTY.

IF A CIVIL ENGINEER, SURVEYOR, REAL ESTATE
APPRAISER, OR ANY OF THEIR ASSISTANTS ENTERS OS ANY
PRIVATE LAND UNDER THE AUTHORITY OF THIS SECTION OR ANY
COURT ORDER PASSED PURSUANT TO IT, AND DAMAGES OR
DESTROYS ANY LAND OR PERSONAL PROPERTY ON IT, THE OWNER
OF THE PROPERTY HAS A CAUSE OF ACTION FOR DAMAGES AGAINST
THE CIVIL ENGINEER, SURVEYOR, REAL ESTATE APPRAISER, OR
ASSISTANT AND AGAINST THE STATE, ITS INSTRUMENTALITY, OR
THE BODY POLITIC OR CORPORATE ON WHOSE BEHALF THE PERSON
INFLICTING THE DAMAGE WAS ACTING.

(D)    OBLITERATING, DAMAGING, OR REMOVAL OF STAKE OR
MARKER.

ANY LANDOWNER OR OTHER PERSON WHO WILLFULLY
OBLITERATES, DAMAGES, OR REMOVES ANY STAKE, MARKER,
MONUMENT, OR OTHER LANDMARK SET BY ANY CIVIL ENGINEER,
SURVEYOR, OR REAL ESTATE APPRAISER OR ANY OF THEIR
ASSISTANTS ACTING PURSUANT TO THIS SECTION, EXCEPT IF THE
STAKE, MARKER, MONUMENT, OR OTHER LANDMARK INTERFERES
WITH THE PROPER USE OF THE PROPERTY, IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION SHALL BE FIRED NOT MORE
THAN $500.

(E)    OBSTRUCTING A PERSON ACTING UNDER COURT ORDER.

ANY PERSON WHO HAS KNOWLEDGE OF AN ORDER ISSUED
PURSUANT TO SUBSECTION (B) AND WHO OBSTRUCTS ANY CIVIL
ENGINEER, SURVEYOR, REAL ESTATE APPRAISER, OR ANY OF
THEIR ASSISTANTS ACTING UNDER THE AUTHORITY OF THE ORDER
MAY BE PUNISHED AS FOR CONTEMPT OF COURT.

REVISOR'S NOTE: This section presently appears as
Art. 21, §12—112 of the Code. In subsection
(b) , the last sentence is proposed for
deletion because it appears as new language in
subsection (e). The present reference to
"real property" is proposed for deletion and
"land" is substituted for the reasons
explained in the revisor's note to §12—104.

The General Assembly should consider enacting
legislation to provide that some sort of prior
notice should be given before entering private
property in subsection (a).

The only other changes are in style.

12-112. ALLOWANCE FOR REMOVAL OF PERSONAL PROPERTY, DEAD
BODY, GRAVE MARKER, OR MONUMENT.