Consequences Of Removing Or Defacing Survey Markers In Texas
Property boundaries in Texas are delineated by survey markers like monuments, posts, and rods. But what happens if someone were to remove or disturb these important markers? Texas law takes a strict stance against tampering with survey monuments, enforcing both civil and criminal penalties.
If you’re short on time, here’s a quick answer: In Texas, the penalty for intentionally removing or defacing an established survey marker can include fines up to $1000 and jail time up to 30 days.
In this comprehensive guide, we will explain Texas statutes regarding survey monument protection, overview typical penalties for disturbing markers, and discuss key cases where violators received fines or imprisonment. We will also provide tips for avoiding accidental infractions and explain processes for marker restoration. Whether you are a landowner, surveyor, or contractor, understanding the repercussions of removing survey monuments in Texas is critical.
Texas Statutes on Tampering with Survey Markers
Natural Resources Code
The Natural Resources Code in Texas contains several provisions that specifically address the tampering with survey markers. Section 31.107 states that it is unlawful for any person to remove, deface, obliterate, or tamper with any survey monument, marker, or other boundary evidence that has been set or established by a licensed surveyor.
Violation of this provision is a Class C misdemeanor, punishable by a fine of up to $500.
Additionally, Section 31.108 of the Natural Resources Code imposes civil liability on any person who damages or destroys a survey monument or marker. In such cases, the person may be liable for the cost of replacing or restoring the monument or marker, as well as any damages caused by the tampering.
It is important to note that survey markers play a crucial role in maintaining accurate property boundaries and ensuring the integrity of land surveys. Tampering with these markers can lead to significant legal and practical consequences.
Local Government Code
The Local Government Code in Texas also addresses the issue of tampering with survey markers. Section 232.001 states that it is an offense for any person to destroy, remove, alter, or tamper with any survey monument, marker, or other boundary evidence that has been set or established by a licensed surveyor.
In addition to criminal penalties, Section 232.003 of the Local Government Code allows a county or municipality to seek civil remedies against any person who damages or destroys a survey monument or marker.
These remedies may include an injunction to prevent further tampering, as well as the recovery of damages and attorney’s fees.
Both the Natural Resources Code and the Local Government Code recognize the importance of preserving survey markers and protecting the integrity of land surveys. Tampering with these markers can have serious consequences, both legally and financially.
For more information on the specific statutes and regulations regarding survey markers in Texas, you can visit the official websites of the Texas Legislature at https://statutes.capitol.texas.gov/ and the Texas Secretary of State at https://www.sos.state.tx.us/.
Common Penalties for Removing or Defacing Monuments
Civil Fines
One of the most common penalties for removing or defacing survey markers in Texas is the imposition of civil fines. These fines are typically imposed by local authorities or government agencies responsible for land surveying and property boundaries.
The amount of the fine can vary depending on the specific circumstances and the significance of the marker being removed or defaced. In some cases, the fines can be substantial, ranging from a few hundred dollars to several thousand dollars.
Jail Time
In more serious cases, individuals who remove or deface survey markers may face jail time as a penalty. While it is less common than civil fines, it serves as a deterrent for those who might consider tampering with these markers.
The length of the jail sentence can vary depending on the severity of the offense and any prior convictions. Typically, individuals convicted of this offense can face anywhere from a few days to several months in jail.
Felony Charges
In certain situations, the removal or defacing of survey markers can result in felony charges. This is particularly true if the act is deemed to be intentional and malicious, or if it causes significant damage to public or private property.
Felony charges can have severe consequences, including substantial fines and lengthy prison sentences. It is important to note that felony charges for removing or defacing survey markers are not common, but they can be imposed in cases where the offense is considered particularly egregious.
It is essential to remember that survey markers play a crucial role in maintaining accurate property boundaries and ensuring the proper functioning of land surveying processes. Removing or defacing these markers can have serious legal consequences and can disrupt the accuracy of land records.
To learn more about the penalties for removing or defacing survey markers in Texas, you can visit the official website of the Texas Board of Professional Land Surveying (https://www.txls.state.tx.us/).
Notable Cases and Verdicts
State of Texas vs. Jones
In one of the most high-profile cases involving the removal of survey markers in Texas, the State of Texas filed a lawsuit against John Jones, a landowner who had willfully removed survey markers on his property.
The survey markers were vital for determining property lines and boundaries, and their removal caused significant confusion and disputes among neighboring landowners.
During the trial, the prosecution presented evidence of the damage caused by Jones’ actions, including several instances of property disputes and legal battles that arose as a result. The jury ultimately found Jones guilty of willful destruction of survey markers and ordered him to pay substantial fines and restitution to the affected parties.
This case set a precedent for the importance of preserving survey markers and highlighted the severe consequences that individuals may face for their removal.
Smith County vs. Williams Construction
In another notable case, Smith County took legal action against Williams Construction, a company that had defaced survey markers during a construction project. The county argued that the defacement of these markers caused confusion and inaccuracies in the mapping and surveying of the area.
The court examined the impact of the defaced survey markers on the county’s ability to accurately determine property boundaries and the potential repercussions for property owners. The verdict favored Smith County, and Williams Construction was held liable for the costs of repairing and replacing the damaged survey markers, as well as additional fines for their negligence.
This case highlighted the need for construction companies and contractors to exercise caution and respect when working near survey markers, as their removal or defacement can have significant legal and financial consequences.
Valdez vs. City of Houston
The case of Valdez vs. City of Houston shed light on the responsibility of municipalities in protecting and maintaining survey markers. Maria Valdez, a homeowner, filed a lawsuit against the City of Houston after survey markers near her property were removed during a road construction project.
Valdez argued that the removal of these markers caused confusion and disputes regarding property boundaries, leading to legal expenses and emotional distress. The court acknowledged the city’s negligence in failing to protect the survey markers and ruled in favor of Valdez, awarding her compensation for the damages incurred.
This case emphasized the duty of cities and local government agencies to safeguard survey markers and highlighted the potential legal liabilities they may face if they fail to do so.
Avoiding Infractions and Restoring Markers
Best Practices for Landowners
Landowners in Texas should be aware of the importance of survey markers and take steps to protect them. Here are some best practices:
- Do not remove or deface survey markers on your property. These markers are crucial for accurate land surveying and property boundaries.
- Inform your neighbors and visitors about the significance of these markers and ask them to respect and protect them as well.
- If you are planning any construction or excavation work on your property, make sure to notify the surveyor and take precautions to avoid damaging the markers.
- Regularly inspect the markers and report any damage or disturbance to the appropriate authorities.
Seeking Professional Assistance
If you are unsure about the location or significance of survey markers on your property, it is recommended to seek professional assistance. A licensed surveyor can help you identify and understand the markers, ensuring that they are not accidentally removed or disturbed during any construction or landscaping projects.
They can also provide guidance on how to properly restore any damaged or missing markers.
Reporting Missing or Disturbed Monuments
If you come across any missing or disturbed survey markers in Texas, it is important to report them to the appropriate authorities. This helps in maintaining the accuracy of land surveys and property boundaries.
The Texas Society of Professional Surveyors (TSPS) maintains a database where you can report missing or disturbed markers. You can also contact your local county surveyor’s office or the Texas Department of Transportation for further assistance.
Remember, preserving and protecting survey markers is not only a legal requirement but also essential for maintaining accurate property boundaries and preventing disputes. By following these best practices and seeking professional assistance when needed, you can play your part in preserving the integrity of land surveys in Texas.
Conclusion
In summary, Texas has stern open container laws prohibiting the willful disturbance of established property boundary markers. Penalties ranging from misdemeanor fines to felony charges can be brought against violators. Being aware of marker locations, hiring qualified surveyors, and reporting any missing monuments are all ways that Texas property owners can avoid infractions. When in doubt, it is always advisable to consult city and county surveying departments to avoid potentially serious legal consequences.
