John
L. Green PLS, Chairman of the West Virginia Society of Professional Surveyors
(WVSPS) Legislative Committee, has reported that the organization is pleased to
announce that a Statute of Limitations (actually a Statute of Repose) for
boundary surveying in WV passed the Senate on February 25, the House on March
10, and was signed into law by Governor Tomblin on March 24, 2015. SB 489 will
take effect on June 8, 2015.
This
law adds property surveying to the existing statute of repose covering
planning, design, and surveying and construction of improvements to real
property. Basically the new law says that no action to recover damages for any
deficiency in the surveying of real property may be brought more than ten (10)
years after the performance of the survey.
Green
says, “This is a huge deal for WV surveyors, WVSPS members and non-members
alike. It represents the most significant legislative accomplishment we have
achieved in many years; and one we have pursued for as long as I can remember”.
He
went on to say, “I’d like to extend my sincere thanks to all those who had a
hand in this effort. To Senator Mitch Carmichael for sponsoring the bill;
Senator David Sypolt for covering our back while we were all at the convention
by testifying before the Senate Judiciary Committee (which really started this
bill rolling), and advocating for its passage in the Senate; our government
relations consultant and lobbyist for all their hard work behind the scenes;
Curt Sumner and NSPS for their informational help and support which was very
important; our new executive director and administrative staff for their
effective handling of critical communications; and all of you who promptly answered
my alerts and calls to contact your representatives in support of this
legislation. This accomplishment demonstrates what we can achieve when we work
together with a unified voice. I ask that you all take a few minutes to reflect
on this. Think what this means to you, your profession, and your business. This
is truly what the WVSPS is all about.
Lastly
I would like to thank you all for the opportunity to serve the society in this
capacity and to have the honor of making such a momentous announcement.”
