CHAPTER 12. COUNTY SURVEYOR
IC 36-2-12
Chapter 12. County Surveyor
IC 36-2-12-1
Application of chapter
Sec. 1. This chapter applies to all counties.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-2
Residence; term of office
Sec. 2. (a) The county surveyor must reside within the county asprovided in Article 6, Section 6 of the Constitution of the State ofIndiana. The surveyor forfeits office if the surveyor ceases to be aresident of the county.
(b) The term of office of the county surveyor under Article 6,Section 2 of the Constitution of the State of Indiana is four (4) yearsand continues until a successor is elected and qualified.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987,SEC.547.
IC 36-2-12-2.5
Training
Sec. 2.5. (a) This section does not apply to an individual who is:
(1) an actively registered land surveyor;
(2) a graduate of an accredited land surveying curriculum; or
(3) a land-surveyor-in-training (as defined in IC 25-21.5-1-5).
(b) An individual elected to the office of county surveyor afterJune 30, 2009, shall, within two (2) years after beginning the countysurveyor's term, complete at least twenty-four (24) hours of trainingcourses related to land surveying that are developed by theAssociation of Indiana Counties and approved by the state board ofaccounts.
(c) An individual shall fulfill the training requirement establishedby subsection (b) for each term the individual serves.
As added by P.L.171-2009, SEC.2.
IC 36-2-12-3
Location of office; business hours; supplies and equipment
Sec. 3. (a) The surveyor shall keep his office in a buildingprovided at the county seat by the county executive. He shall keephis office open for business during regular business hours on everyday of the year except Sundays and legal holidays. However, he mayclose his office on days specified by the county executive accordingto the custom and practice of the county.
(b) The county executive shall provide the surveyor with allnecessary supplies and equipment, including:
(1) ordinary office supplies, equipment, and accessories of thetype furnished to other county offices; and
(2) surveying instruments and materials necessary for thedischarge of his duties.Supplies and equipment furnished under this subsection are propertyof the county.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-4
Legal action on days office is closed
Sec. 4. A legal action required to be taken in the surveyor's officeon a day when his office is closed under section 3 of this chapter maybe taken on the next day his office is open.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-5
Official seal
Sec. 5. The surveyor may procure and use an official seal.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-6
Administration of oaths; appointment to offices of commissionerfor partition or viewer; acknowledgments of mortgages and deeds
Sec. 6. (a) The surveyor may:
(1) administer oaths necessary in the discharge of the surveyor'sduties; and
(2) administer and certify any oath required to be taken by:
(A) a commissioner for the partition of real property; or
(B) a commissioner to view, mark, locate, or relocate apublic highway.
(b) If the surveyor is appointed to one (1) of the offices coveredby subsection (a)(2), the surveyor is not required to take an oathunder that provision. The surveyor's duties as a commissionercomprise part of the surveyor's official duties, and the surveyor'ssignature on any proceedings required of a commissioner issufficient.
(c) The surveyor may take, and certify with the surveyor's seal andsignature, acknowledgments of mortgages and deeds for theconveyance of real property.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1989,SEC.227.
IC 36-2-12-7
Expiration of surveyor's term
Sec. 7. (a) At the expiration of his term of office, the surveyorshall turn over to his successor all engineering and survey work inwhich he is engaged.
(b) At the expiration of the surveyor's term of office, his duties assurveyor, including his duties as county engineer or as the engineeron public improvement work of any kind, cease, and those dutiesshall be performed by his successor, unless by mutual agreement thesurveyor whose term is expiring is permitted to continue performinghis duties on public improvements.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-8
Supervision of surveying and civil engineering work; appointmentof civil engineer
Sec. 8. (a) If he is a competent civil engineer, the surveyor shallplan and supervise all surveying and civil engineering work of thecounty under the direction of the county executive.
(b) If the surveyor is not a competent civil engineer, the countyexecutive shall appoint a competent civil engineer for each surveyingor civil engineering project that the executive orders or receives apetition for. If the executive refuses to appoint such an engineer fora project, the surveyor is entitled to a hearing in the circuit orsuperior court of the county to determine his competence to performthe project. The order of the court under this section is final andconclusive.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-9
Survey to constitute prima facie evidence
Sec. 9. A survey by the surveyor constitutes prima facie evidencein favor of the corners and lines it establishes.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-10
Maintenance of legal survey record book; procedure forestablishing location of line; effect of location and establishment oflines; appeal
Sec. 10. (a) The surveyor shall maintain a legal survey recordbook, which must contain a record of all the legal surveys made inthe county showing outline maps of each section, grant, tract,subdivision, or group of sections, grants, tracts, and subdivisions insufficient detail so that the approximate location of each legal surveycan be shown. Legal surveys shall be indexed by location.
(b) A landowner desiring to establish the location of the linebetween the landowner's land and that of an adjoining landowner bymeans of a legal survey may do so as follows:
(1) The landowner shall procure a land surveyor registeredunder IC 25-21.5 to locate the line in question and shallcompensate that surveyor.
(2) The land surveyor shall notify the owners of adjoining landsthat the land surveyor is going to make the survey. The noticemust be given by registered or certified mail at least twenty (20)days before the survey is started.
(3) If all the owners of the adjoining lands consent in writing,the notice is not necessary.
(4) The lines and corners shall be properly marked,monumented by durable material with letters and figuresestablishing such lines and corners, referenced, and tied tocorners shown in the corner record book in the office of thecounty surveyor or to corners shown on a plat recorded in theplat books in the office of the county recorder. (5) The land surveyor shall present to the county surveyor forentry in the legal survey record book a plat of the legal surveyand proof of notice to or waiver of notice by the adjoininglandowners. The land surveyor shall give notice to adjoininglandowners by registered or certified mail within ten (10) daysafter filing of the survey.
(c) The lines located and established under subsection (b) arebinding on all landowners affected and their heirs and assigns, unlessan appeal is taken under section 14 of this chapter. The right toappeal commences when the plat of the legal survey is recorded bythe county surveyor in the legal survey record book.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1991,SEC.34.
IC 36-2-12-11
Administration of section; maintenance of corner record book;contents of record; procedure for establishment and perpetuationof corners
Sec. 11. (a) The surveyor shall administer this section if thesurveyor is registered as a land surveyor under IC 25-21.5. If thesurveyor is not registered, the surveyor shall, with the approval of thecounty executive, appoint a person who is registered as a landsurveyor and is a resident voter of the county to administer thissection. If a resident, registered land surveyor is not available, a landsurveyor who resides in another county may be employed.
(b) The surveyor shall keep and maintain a corner record book,that must contain:
(1) a record and an index by location of all the originalgovernment survey corners;
(2) outline maps of each section, grant, tract, and subdivision orgroup of sections, grants, tracts, and subdivisions in the countyshowing the location of each corner on record and stating at thelocation of each corner on the map where the reference for thatcorner may be found; and
(3) a reference index for each corner.
A separate card index system may be used in lieu of the indexrequired by subdivision (3).
(c) The record of each corner referenced in the record book mustcontain:
(1) the location of the corner;
(2) an accurate description of the monument used to mark thecorner such as "stone" or "iron pin";
(3) the distance and bearings from the corner to three (3) ormore permanent objects or structures;
(4) the date the corner was last checked and the condition of themonument and references;
(5) the name of the surveyor making the check; and
(6) the method of establishing or relocating the corner.
(d) The records of the corners shall be established and perpetuatedin the following manner: (1) Each year the surveyor shall check and reference at leastfive percent (5%) of all corners shown in the corner recordbook.
(2) The surveyor may enter in the surveyor's corner record bookthe findings submitted by a private land surveyor who checksand references corners and is registered under IC 25-21.5.
(e) Any money in the county surveyor's corner perpetuation fundcollected under IC 36-2-7-10 or IC 36-2-19 may be appropriated inthe manner provided by law for the purposes of this section.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983,SEC.2; P.L.76-1989, SEC.2; P.L.23-1991, SEC.35.
IC 36-2-12-12
Surveyors not trespassers; actual damages
Sec. 12. While doing work under section 10 or 11 of this chapter,a land surveyor registered under IC 25-21.5, an unregistered countysurveyor, or the employees of a county surveyor are not consideredtrespassers and are liable only for the actual damages they cause toproperty.
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983,SEC.3; P.L.23-1991, SEC.36.
IC 36-2-12-13
Corner and Harn monuments; temporary removal; change oflocation; reimbursement for repair or replacement
Sec. 13. (a) A person may, for excavation, mineral extraction, orother purposes related to the person's business, temporarily removea monument marking a corner. The person must notify in writing thecounty surveyor at least thirty (30) days before removing themonument. The person must replace the monument within areasonable time at the person's expense under the supervision of thecounty surveyor or, if the county surveyor is not registered underIC 25-21.5 or IC 25-31, the registered person who is selected undersection 11 of this chapter. The surveyor shall file a copy of the noticein the corner record book.
(b) Only a county surveyor or a designee may change the locationof any monument. A person who wishes to have the location of amonument changed must make a request to the surveyor in writingand furnish written approval of all landowners whose property isaffected by the proposed change. The surveyor may approve, reject,or modify the request and shall file a copy of the notice and thelandowners' consents in the corner record book.
(c) When, in the construction or maintenance of a state, county,or municipal road or street, it is necessary to remove or bury amonument marking a corner, the owner of the public right-of-wayshall notify the county surveyor in writing at least fifteen (15) daysbefore commencing the work.
(d) A county legislative body may adopt an ordinance:
(1) prohibiting a person from moving, changing, or otherwisealtering a monument marking a corner without complying with
this section; and
(2) prescribing a monetary penalty for a violation of theordinance.
Any money collected shall be deposited in the county surveyor'scorner perpetuation fund.
(e) A person who damages or removes a monument marking acorner or high accuracy reference network (HARN) point shallreimburse the county for the cost of repairing or replacing themonument.
(f) If a person who damages or removes a monument marking acorner violates an ordinance under subsection (d), the person is liablefor:
(1) the amount of reimbursement under subsection (e); and
(2) any monetary penalty prescribed by the county legislativebody for violation of the ordinance under subsection (d).
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.343-1983,SEC.1; P.L.76-1989, SEC.3; P.L.2-1997, SEC.80; P.L.276-2001,SEC.6; P.L.90-2003, SEC.1.
IC 36-2-12-14
Appeal of survey; procedure
Sec. 14. (a) The owner of property surveyed under this chaptermay appeal that survey to the circuit court for the county:
(1) within ninety (90) days if he is a resident of the county andwas served with notice of the survey; or
(2) within one (1) year if he is not a resident of the county andnotice was by publication.
(b) When an appeal is taken under this section, the surveyor shallimmediately transmit copies of the relevant field notes and otherpapers to the court, without requiring an appeal bond.
(c) The court may receive evidence of any other surveys of thesame premises. If the court decides against the original survey, it mayorder a new survey to be made by a competent person other than theperson who did the original survey, and it shall:
(1) determine the true boundary lines and corners of the landsincluded in the survey; and
(2) order the county surveyor to:
(A) locate and perpetuate the boundary lines and cornersaccording to the court's findings by depositing durable markersin the proper places, below the freezing point;
(B) mark the boundary lines and corners; and
(C) enter the boundary lines and corners in his field notes.
(d) A new survey made under this section may be appealed underthis section.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-12-15
Compensation
Sec. 15. (a) If the surveyor serves as highway supervisor or countyhighway engineer and is compensated for that service in an amount
greater than the compensation fixed under this title, then thatcompensation is in lieu of the compensation fixed under this title.
(b) When fixing the compensation of county officers under thistitle, the county fiscal body shall fix:
(1) compensation for the surveyor as if he is registered underIC 25-21.5 or IC 25-31; and
(2) compensation for the surveyor as if he is not registeredunder IC 25-21.5 or IC 25-31.
The compensation fixed under subdivision (1) must be one andone-half (1 1/2) times that fixed under subdivision (2). The countyfiscal body shall then determine whether or not the surveyor isregistered under IC 25-21.5 or IC 25-31 and shall fix hiscompensation in the proper amount.
(c) In addition to the compensation fixed under subsection (b), ifthe surveyor describes and certifies the number of miles of activeregulated drains in the county to the county executive, he is entitled,with the approval of the county executive, to:
(1) two dollars ($2) per mile for each mile described andcertified, if he is not registered under IC 25-21.5 or IC 25-31; or
(2) four dollars ($4) per mile for each mile described andcertified, if he is registered under IC 25-21.5 or IC 25-31.
(d) In addition to the compensation fixed under subsections (b)and (c), the surveyor is entitled to:
(1) two dollars ($2) for each corner reference required undersection 11 of this chapter, if he is not registered underIC 25-21.5 or IC 25-31; or
(2) four dollars ($4) for each corner reference required undersection 11, if he is registered under IC 25-21.5 or IC 25-31.
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,P.L.309, SEC.103; P.L.342-1983, SEC.4; P.L.2-1997, SEC.81.
IC 36-2-12-16
Replacement of worn maps and plats
Sec. 16. The surveyor shall replace worn maps and plats asrequired by IC 36-2-17-5(c).
As added by P.L.276-2001, SEC.7.