19-1426.   Appeal from report of survey; recordation of survey.(a) Upon the filing of the report of each survey, any person interested inthe same can at any time within 30 days thereafter appeal to the districtcourt, by filing with the county surveyor a notice of such person's intentionto appeal and by giving a bond, to be approved by the judge of the districtcourt, conditioned for the payment of costs of the appeal if the report of thecounty surveyor is affirmed by the court. Upon the filing of such notice andbond the county surveyor shall certify the appeal to the clerk of the districtcourt, and shall file with the clerk a certified copy of the report appealedfrom, including the affidavits, if any, filed therewith. The court shall hearand determine the appeal, and enter an order of judgment approving or rejectingthe report, or modifying or amending the report, or may refer the report backto the surveyor to correct the survey and report in conformity with the decreeof the court, or may, for good cause shown, set aside the report and appointone or more surveyors, who shall proceed at the time mentioned in the order ofthe court, to survey and determine the corners and boundaries of the land inquestion, and shall report the same to the court for further action.

      (b)   The corners and boundaries established in any survey made in pursuanceof an agreement, or in any survey where no appeal is taken from the surveyor'sreport, and such corners and boundaries as are established by the decree of thecourt, shall be held and considered as permanently established, and shall notthereafter be changed. When any report of a survey made in pursuance of anagreement, or of legal notice, or by the order of court, becomes final, itshall be the duty of the county surveyor to record the report in the records ofpermanent surveys. The county surveyor shall also make a certified record ofsuch survey on paper of the same size as the record of permanent surveys,suitable for binding, and shall file the record in the office of register ofdeeds.

      History:   L. 1891, ch. 89, § 10; R.S. 1923, 19-1426; L. 1992, ch. 314,§ 2; July 1.