November 2024
HAPPY HOLIDAYS!
PRESIDENTIAL PRIVILEGE
Jeff Messinger
LSPS President
Greetings, my fellow surveyors and LSPS members!
I cannot believe it is almost Christmas, and our unseasonably warm weather does not help with that belief. Where in the heck has 2024 gone, other than “by way too quickly?” The older I get, the faster the days, weeks, and months click off my desk calendar. And, I’m not getting any younger, and thus the years are not slowing down. Like most of you, I feel every year with each step I make out in the field. A lot has happened this year, and I hope the long, dry months have enabled you to get as much surveying done as it has allowed me.
As many of you know, Will Fontenot has served for the last 6+ years as a LAPELS Board member and land surveyor appointee. Will is a true surveyor’s surveyor, and he has represented us, LSPS, very well in his term on the LAPELS Board. Personally, and professionally, I would like to thank Will for all his hard work and the time he has generously given to representing our profession. For those of you who do not know, serving on the LAPELS Board is a HUGE time commitment. If you don’t believe me, ask Will.
Having said that, Robert L. Wolfe, Jr., has been appointed by Governor Jeff Landry to take Will’s place on the LAPELS board as one of two surveyor-only appointees. I have spoken to Robert several times, and he is very excited and looking forward to assisting both LSPS and all the land surveyors over the next six years. I encourage each of you to reach out to Robert with any suggestions, recommendations, ideas, and questions you may have.
As we continue to work on updating our “Standards of Practice," to stay up to date with ever-changing technology, LSPS will continue to ask you, the members, for your input. Remember that, above all else, LSPS exists to serve YOU, the member. There remains a debate about the use of caps on monuments, and I’m sure that topic will be revisited again in the near future. We, the members, should drive what LAPELS implements, NOT vice versa. And as such, I continue to, and will always, encourage you to voice your opinion.
LSPS has officially established a Legislative Committee that will report to the Executive Board and collaborate closely with our lobbyist in Baton Rouge. The committee will consist of at least two members from the current LSPS board and 3-5 members from outside the board. Derek Wheat has volunteered to lead this committee. If you are interested in serving on the committee, please let me know.
I hope everyone has enjoyed reading Blair’s Boundary Blog. Blair is highly engaged with us, and I encourage you to submit any questions to lsps@lsps.net. We are fortunate to have her surveying the laws on our behalf—pun intended—and believe she will continue to provide valuable legal advice and insights on all matters related to land surveying in Louisiana. It’s up to you to help her help us, so please share any topics or questions you have.
As always, please contact your District Chairman or me with any ideas, suggestions, volunteerisms, constructive criticisms, or anything else that will improve our profession. After all, that is why we are here.
My door is, and always is, open to you.
Jeff
Blair’s Boundary Blog
By Blair Naquin,
Law Offices of R. Gray Sexton
(Chairman’s Note: As most of you know, Blair Naquin – LSPS’s attorney-consultant, will provide us with her legal opinions to the most commonly asked and encountered situations the members have submitted to their District Chairman. For the sake of brevity, Blair’s response is summarized in each edition of our quarterly newsletter. Her full opinion, containing case law, court decisions, etc., will be posted on the LSPS website in the Members Only section. This edition’s topic is about surveyor’s liability, as that’s a big issue – with a lot of uncertainty – amongst our members.)
Can a surveyor be held liable to third parties for surveys performed for others?
Yes, a surveyor can be held liable both to (A) the party or parties for whom the survey was conducted, and (B) third parties. A party who has contracted with a surveyor can potentially assert a breach of contract or tort claim against the surveyor. Additionally, Louisiana courts have also recognized that third parties can assert tort claims, and file a lawsuit, against the surveyor for defects in such surveys. There are several factors considered by Louisiana courts in determining whether to impose such liability, and those details and court cases are discussed in my full opinion on the website under the Members Only section.
Is there a time limit on a surveyor's liability for a survey?
Yes, the general rule is that a surveyor can be held liable for up to five years from the date of the survey.
Is it possible for a surveyor’s liability to extend past five years?
Yes, under several different scenarios.
If a surveyor is alleged to have committed fraud in the preparation of a survey, the five-year limitation does not apply, and there is no limitation on the duration of the surveyor's liability.
If the survey was performed in connection with a contract that is recorded in the mortgage records AND acceptance of work by the owner is recorded, the five-year preemptive period runs from the date of
recordation of the acceptance of the work
If there is a claim arising from a wrongful death occurring in the fifth year, the five years is extended by one year.
And, the five-year preemptive period does not apply to, and cannot be asserted as a defense by, "a person in possession or control, as owner, lessor, tenant, or other possessory interest, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury, damage, or death sued upon with regard to any cause of action arising out of the alleged delict, quasi delict, or obligation of any such person arising out of his possession or control of the property."
In-depth answers, details and court cases are published in the Members Only section of the LSPS website.
WE NEED YOUR HELP!
Your generous contribution is needed to support the following funds:
1.The Education Foundation, grants scholarships while providing guidance by assisting worthy students to obtain instruction and training in land surveying and higher education.
2.The Every Member Campaign (EMC), which began in 2006, was created solely for the purpose of supporting the Geomatics Program at Nicholls State University.
3.The Disaster Fund, which stands ready to give relief when disaster hits our area.
4.The Legislative Fund, allowing us to be ready to address legislation affecting our Surveying Profession.
Click here for DONATION OPPORTUNITIES
Or find the link at the top of our home page at www.lsps.net
LSPS DISTRICT INFORMATION
District 1
John Teegarden
jteegarden@ascellc.com
District 2
Dillon Baronne
dillonbaronne@gmail.com
District 3
Devon Richard
devoncrichard@gmail.com
District 4
Jason Tuggle
Jason_tuggle@hotmail.com
District 5
Joey Riggin
jriggin@lazenbyengr.com
District 6
Mike King
mking@ntbainc.com
District 8
Lee Broom
lbroom@ballard-clc.com
District 9
Dennis Gowin
dgowin@ddgpc.com
If you are not an LSPS member, we would like to invite you to attend a District meeting in your area. Contact the LSPS office at lsps@lsps.net, or the chairman in your area noted above for details about upcoming meetings.
NSRS MODERNIZATION NEWS
Revamped and Ready to Educate: beasurveyor.com
Beasurveyor.com has undergone a complete redesign, tailored specifically to engage K-12 audiences. With a sleek new design and user-friendly interface, the website is geared towards making surveying accessible and exciting for young minds. The updated aesthetics, curated videos, and intuitive navigation are sure to captivate students and educators alike.
Surveying Outreach Resource Page
One of the standout features of the redesigned website is the Surveying Outreach Resource Page. This section is a treasure trove for surveyors interested in outreach and educators looking to incorporate surveying into their curriculum. It offers a variety of valuable resources. You can download lesson plans for classroom activities, access surveying presentations, play videos, and even order materials for speaking engagements or career fairs.
For those new to outreach, the "Outreach 101" section offers guidance on how to effectively engage students and the broader community in surveying. It's the perfect starting point for surveyors eager to share their knowledge.
Why Focus on K-12 Education?
The decision to cater to K-12 audiences is a strategic move. After a yearlong research project, results pushed for outreach efforts to be aimed mainly at K-12 demographics. By introducing surveying to students at an early age, beasurveyor.com aims to kindle an interest that could turn into a lifelong passion and a career choice. Although K-12 is the main target audience, the website and outreach plan will incorporate college students, ex-military, and others looking for a change in career.
Get Started Today
Together, we can inspire the next generation of surveyors and change the way they perceive the world around them. Visit the new and improved beasurveyor.com today and be a part of the surveying revolution!
NICHOLLS GEOMATICS PROGRAM UPDATE
November 2024
By: Dr. Esra Tekdal-Yilmaz
Greetings from Nicholls State Geomatics Program.
We are getting close to the end of Fall 2024 semester. The Geomatics faculty attended several recruitment events this semester.
Dr. Tekdal Yilmaz attended the 2024 LASTEM Summit in Lafayette as an exhibitor to represent the Geomatics Program.
Dr. Gary LaFleur of Biological Sciences represented on behalf of Dr. Ramachandran in the AviNation American Dream Tour event at the Louisiana Army Air National Guard on Wednesday, October 9, 2024, in Hammond, Louisiana. The event brought over 150 high school students in the Hammond area. Nicholls Drones and various drone related projects were presented at the event. It was so successful and well received that they would like to bring the event to Houma Terrebonne airport next year.
The Believe in Girls (B.I.G.) event organized by Girl Scouts Louisiana East was held at Nicholls State Campus on October 12th. Drs. Tekdal Yilmaz, Ramachandran and Ogao along with 9 Geomatics students represented Wm. Clifford Smith School of Engineering housing Geomatics program.
The Contractor’s Educational Trust Fund (CETF) Donated $50,000 to our program to supplement the existing $300,000 Super Endowed Professorship.
Navigation Electronics, Inc. (NEI), Vice President and Director of Operations Kelli Poche Guidry, Freddie Chautin and Stephin Harpin gave a demonstration of Trimble S5 robotic total station and Trimble X7 3D Laser Scanning System at Harold C. “Charlie” Poche Jr. Laser Scanning Laboratory to Geomatics program freshman class. They donated these instruments: two Trimble S5 and one Trimble X7 to the geomatics program at the end of the demonstration.
We’d like to thank CETF and NEI for their continued support of our Geomatics Program.
Happy Thanksgiving and Merry Christmas!
Dr. Balaji Ramachandran showcasing UAS
Stephen Harpin and Freddie Chautin of NEI demonstrating Trimble X7
Geomatics program Junior Jake Chauvin answering questions during the B.I.G. Event
Geomatics Program freshman students using Trimble S5
LEGISLATIVE UPDATE
By: Harper Duncan & Associates, LLC
Louisiana Special Tax Session Update
The Louisiana Special Tax Session is nearing its conclusion on Monday, November 25, 2024, with several significant proposals on the table. These changes could have far-reaching effects on individuals, businesses, and the broader economy. Here's a summary of key legislation being considered:
House Bill 1: Lowering Personal Income Tax
This bill seeks to reduce the personal income tax rate to a flat 3%, a significant cut from the current tiered system. If passed, this change could result in more disposable income for individuals.
House Bill 2: Corporate Income Tax Reduction
HB 2 proposes lowering the corporate income tax rate to a flat 6%. While this is higher than Governor Landry’s original proposal of 3.5%, it represents a meaningful decrease.
House Bill 3: Repealing the Corporate Franchise Tax
The repeal of the corporate franchise tax is included in HB 3. This long-sought reform would eliminate a financial hurdle for businesses in Louisiana, encouraging growth and new business formation.
House Bill 8: Taxing Digital Media and Goods
HB 8 introduces a state and local sales tax on digital media and goods. This bill could have downstream effects on businesses that rely on digital software and subscriptions.
House Bill 10: Extending the Expiring Sales Tax
HB 10 makes permanent 0.4% of the expiring 0.45% state sales tax. This extension is seen as a necessary step to maintain the state budget, though it means no relief for consumers or businesses relying on goods and services subject to sales tax. This would make the overall state sales tax 4.40%.
House Bill 9: New Sales Tax on Services
Still under debate in the House, HB 9 proposes a new sales tax on services. Initially broad, there is now a proposed amendment to narrow the taxable services list to 19 services. We are monitoring this legislation closely; professional surveying is not one of the services included in the bill.
NSRS MODERNIZATION NEWS
SAVE THE DATE!
LSPS 64th Annual Convention
April 9 - 11, 2025
GOLDEN NUGGET LAKE CHARLES
JOIN LSPS:
The Louisiana Society of Professional Surveyors is organized to enhance the Surveying Profession. Our goal is to carry out our mission by maintaining high technical and cultural standards in our field, working with educational institutions for the maintenance of high standards of education in Land Surveying, requiring a high standard of ethical practice by our members, and encouraging the personal and professional development of young Land Surveyors.
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