Every year it seems some “efficiency minded” public official has a brainstorm and proposes that public records be copied and stored electronically – only stored electronically. They trot out examples like paying rental to keep old traffic tickets and paid off loan papers and the like.
Every time, in response, surveyors have acted in the interest of the public weal and have had to remind the legislators that not ALL records are so dull or unimportant as old traffic tickets. The records by which land is sold, leased, in whole and/or part serve like the evidence in a police investigation. Just like CSI evidence for which proof of originality is crucial, deeds, plats and notes once copied are no longer whole and original.
Many don’t understand. They ask, “Gee whiz, just scan it and bring it back up. What could be better?” Well an 8 that looks like a 3 in the copy or an important detail in a drawing that looks like dirt on the copy can alter the evidence on which a surveyor renders a decision. A surveyor’s decision must be based on available evidence and must be expected to stand up to scrutiny by the courts. Most folks would be surprised how often the available data is not quite clear for any number of reasons that range from the decades or more time that has passed since the document and physical evidence was created to changes in the vernacular.
The last thing we should do is consciously destroy original evidence on which decisions that affect property rights and court decisions.
Usually, the instigators are the parish Clerks of Court who are the most general keepers of records in our state. This time it seems the Department of Transportation and Development is the culprit. Just imagine the number of properties crossed or affected by takings for a highway! It is contained in HB 73 by Representative Smiley of Port Vincent in Livingston Parish.
The Louisiana Society of Professional Surveyors (LSPS) has once again sought to correct the mistake of such an action by suggesting an amendment, but last word I have is the DOTD rejected it.
If you are a Louisianian please contact your representative and tell them of the importance of the LSPS amendmant. If from another state, watch out for such efforts at efficiency by government. Most times the government increases efficiency, it does so at the cost of someone’s rights; in this case property rights.
To read the bill go to: http://www.legis.state.la.us/ and enter HB 73.
This is LSPS Proposed Amendment to HB 73 Smiley, By the LA Society of Professional Surveyors:
Pg 1 -line 17 insert: source documents except surveying maps, plats and descriptions of real property.