1148 EXPLORATION GEOPHYSICS 



to this negligence on the part of the exploration party. For instance, 

 holes left in the surface of the earth after seismic operations may be 

 used as a basis for damages for injury to or loss of cattle, injury to per- 

 sons, and other claims of injury, some of which may be of a very fan- 

 tastic nature. It should always be remembered that regardless of how 

 fantastic the claims may be there will be found unscrupulous practitioners 

 who thrive on such litigation. To the geophysicist not trained in legal 

 matters the ultimate chance of recovery may seem remote, but regardless 

 of the possibility of recovery the expense of litigation still remains, and 

 this expense will vary in the locality in which the geophysical party is 

 working, with a possibility that several hundred dollars may be expended 

 in defending such an action. In addition, there will be the expense 

 occasioned by the loss of time preparing for and defending the action. 



A complete defense to the possibility of an action involving "actual" 

 damage is the procuring of a release from the landowner after the work 

 of replacement or repair has been completed. This form should be as 

 short and concise as possible, as a lengthy legal document is more formid- 

 able and invariably results in "thinking it over" delays. This release may 

 also serve as a receipt for payment of damages or trespass privileges. 

 Proposed forms of release are set forth on pages 1149 and 1150. 



In many states the laws provide that a general release does not extend 

 to claims which the creditor does not know or suspect to exist in his 

 favor at the time of executing the release, which, if known by him, must 

 have materially affected his settlement with the debtor,* In the event 

 the field party has engaged in such type of exploration work as would 

 give rise to the possibility of claims being asserted which the landowner 

 did not know or suspect to exist in his favor, then a provision should be 

 placed in the general release which would acknowledge receipt of satis- 

 faction for such claims. Most statutes of this type can be circumvented 

 in the event there is an express provision in the release by which the 

 creditor waives such right. 



In most states permission may be obtained to do geophysical work 

 along public highways. It is good practice to obtain such permission from 

 the proper public official before permitting the geophysical party to conduct 

 its exploratory work. In seismograph work the shot-holes must normally 

 be drilled beyond the limit of the highway and where there is any question 

 shot-holes should not be drilled without obtaining information in relation 

 thereto, as the drilling of such holes along public highways is a bad 

 safety practice and when so drilled should never be left open or unattended. 



The public official from whom permission must be obtained will vary 

 in the different states. As an illustration, in Louisiana and certain 

 counties in other states, a license must be obtained from the State High- 

 way Commission or other local authority to work on public roads. 

 Louisiana further requires that a separate license be secured for each 



* Civil Code of California, Sec. 1542. 



