In Arkansas, there are no current laws mandating that surveyors must obtain any notification before entering private property.

Per the Board of licensing "there are no rules on gates and fences because Surveyors can legally access private property.  They have the “right to enter” under Arkansas code 17-48-303." [Email received on July 8, 2024.]

Last year, July 2023, I had surveyors trespass onto my very remote property to survey my neighbors. They did not need to go through my yard for I am land locked and access to my property goes through someone else's land first. In fact, they took the longest way possible to get to where they where going by driving up the middle of my land. 

I received no prior notification and was completely surprised when two men showed up out of nowhere; oddly enough, surveying equipment at distance looks like rifles.

Come to find out they do not need to get any permission? They can go over your fence, ignore your no trespassing signs, pass through your gates, and they are not required to tell you they were there. The law states "when reasonable" about notifing land owners. Alot can be left for interpretation with this lack of clarity and this privileged profession is abusing the rights of homeowners and their rights to privacy on private property by leaving this terminology so vague.

How do we know they are who say they are? Per the board only the license holder needs to pass a background screen not whom he hires. How do we know that surveyors, the ones on your land, are really surveyors versus hired hands and what is their job is when they are not required to notify you? Do they knock on the door and leave when you are not home or keep going through your yard. This oversight leaves homeowners vulnerable and unaware of potential intrusions. This also opens the opportunity of harm towards the surveyors from unknown obstacles, which to be honest the property owner would be held responsible for.

For example, I have dogs. My dogs rushed these surveyors, trying to protect their puppies which were a few days old at this time. Remember I live close to nowhere, so my dogs roam free in the yard, after the no trespassing signs and a gate. My husband attempted to yell at the dogs, without effect. In fear of these strange men's lives he fired his pistol, something loud and scary to catch my dogs attention. Well, these men took it badly and concocted a story about how my husband shot at them, held them hostage, and threatened them, while he was putting himself between these men and my protective dogs. They walked away unharmed; their point just a falsehood. 

Yet, they placed charges on my husband for a Class A Felony (possibly six years in prison) for them surprising the he** out of us and his need to protect them from emotionally heighten dogs. All of which could have been avoided with prior notification. We did not find out until January 2024 after a car accident.

The district attorney spoke to these men after we have spent countless hours of worry, hours of sittng in a court room (because our county has everyone show up twice a month), the loss of my out-of-state job (can't work fifty hours and still show up to court twice a week), and the cost of a lawyer. The DA felt so confident in their story he reduced the charges to a Class C Misdemeanor, which we took it due to the court was not going to get to our case to trial until September-November. Life must move on at some point.

Once, I started sharing my story many people have come up to me with similar stories. Many people have felt violated my the intrusion of surveyors. 

The laws surrounding private surveyors lack common sense and limit respect for private property, which violates personal rights but also poses significant safety risks for both the property owner and the surveyors. To an amazing detail, Arkansas Department of Transportation surveyors have a form for prior notification and are not allowed to even use a driveway without having it signed.

Sign this petition is to protect civil rights and private property rights and enhance public safety by making it mandatory for all surveyors in Arkansas, not just the Department of Transportation, to get permission BEFORE entering any private property. Even if you do not live in Arkansas many states can adopt this practice if we support it enough. The change starts here.

Have laws that support the people not unjust and unreasonable businesses practices.