Community Partnership in Opposition of the Greensferry Bridge

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Your Legal Options for Survey Teams

Do not be intimidated, the law is on your side!

Survey team appears on your property to investigate the future site(s) of construction.

Your response:
Deny them access. They will inform you that they will be back with the Sherriff next week (intimidating you) to complete the work. Tell them that would be fine and do not interact with them any further!
When the Sherriff arrives with the survey team, inform them that you were never notified about the survey, as required by statute TITLE 54, Chapter 12, section 4, 7 days prior to when the survey team plans to arrive “…prior notice must also be given to the occupant by first class mail or by personal notice. Notice that is given by first class mail must be mailed as soon as practicable following the contract or agreement to perform the work and at least seven (7) days prior to the entry onto the land unless the notice period is waived in writing by the landowner, occupant, or an agent thereof.”

Deny them access again and the sheriff will try to intimidate you too – stand your ground. They must follow their own laws – make them do so.

If they inform you that the “week prior was when we came the first time,” inform them that you received no physical notice, as outlined in the same Idaho Statute:
“The notice shall give the professional land surveyor’s name, address, telephone number, purpose, availability of the survey, and the presence of any temporary or permanent monuments or other markers to be established by the surveyor and left on the land… Notice that is given by personal notice must be hand-delivered to the landowner or occupant or, if hand delivery cannot be accomplished, it may be posted in a conspicuous place where the landowner or occupant may reasonably be expected to see the notice.”
If you did not receive a physical notice by mail or in person, tell them you will wait to receive it then establish a time to meet, according to your available times.
If you run a business in your home, you can schedule them for a Saturday afternoon, “The surveyor or his agent or employee shall cooperate with the landowner, occupant, or agent thereof to avoid disruption of a business or agricultural operation.” You must hold them to their own laws!

From the first moment the survey team arrives to when they might possibly be able to survey your land, you have delayed it 3-4 weeks and hopefully the snow will set in by then!

Attached is a PDF of a condensed version of this with the entire Idaho Statute – we recommend printing it and referring to it as you interact with both the survey team and law enforcement, then ask the officer to enforce the law.

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