- #SECTION 1801 ET SE OF THE PUBLIC UTILITIES CODE REGISTRATION#
- #SECTION 1801 ET SE OF THE PUBLIC UTILITIES CODE PROFESSIONAL#
"In order to safeguard the life, health or property of the public, the practice of land surveying in this state is hereby declared to be subject to regulation in the public interest." T.C.A. In enacting the statute now under consideration, the General Assembly stated: The guarantees of the Constitution imply the absence of arbitrary restraint, but not immunity from reasonable regulations and prohibitions imposed in the interest of the people of the State." 206 Tenn. Of course, the Legislature of the State cannot prohibit an ordinary business but it may, however, regulate the business to promote the health, safety, morals or general welfare of the public. Legislative power is not static and helpless but arises to adjust and face new conditions as they appear to affect the people of the State. "In considering the question, whether or not the Legislature has the right to enact such a statute under the police power, we must take into consideration and look at things in the light of the social and economic conditions existing at the present time rather than at the time our Constitution was adopted. In the course of its opinion, the Court said: 559, 335 S.W.2d 360 (1960), however, this Court upheld a statute regulating the business of distributing and selling motor vehicles, including provisions that automobile dealers and automobile salesmen be licensed. 47, 52 S.W.2d 162 (1932), dealing with certain aspects of accounting. It is true that in that case this Court stated that the police power of the State is not without limitation, and that ordinary callings and business pursuits which do not affect the general welfare or involve the public morals, health or safety, may not be subjected to licensing requirements. Tennessee Board of Examiners in Watchmaking, 204 Tenn. Great reliance is placed upon the decision of this Court in the case of Livesay v. The principal thrust of the single assignment of error made by appellant is that land surveying is such a common occupation or business as to fall outside the scope of *787 licensure or regulation by the State under its general police power.
§ 64-2418 (the latter requiring the seal and signature of a registered land surveyor or of a registered engineer upon maps, plats, surveys or other documents "within the definition of land surveying" in order to qualify for public recordation).
The statute has now been codified as T.C.A.
#SECTION 1801 ET SE OF THE PUBLIC UTILITIES CODE REGISTRATION#
This act creates the Board of Examiners for Land Surveyors and requires the licensure and annual registration of persons engaged in the business of land surveying. In this Court, the sole issue presented is the constitutionality of Chapter 207 of the Public Acts of 1969. For Dissenting Opinion, see 543 S.W.2d 60. Gen., Nashville, for appellees.Īugust 23, 1976.
#SECTION 1801 ET SE OF THE PUBLIC UTILITIES CODE PROFESSIONAL#
Read more about the robust support structure for teachers in our Professional Learning program on the Professional Learning page.TENNESSEE STATE BOARD OF EXAMINERS FOR LAND SURVEYORS et al., Appellees.