19-1426.Appeal from report of survey; recordation of survey.
(a) Upon the filing of the report of each survey, any person interested in
the same can at any time within 30 days thereafter appeal to the district
court, by filing with the county surveyor a notice of such person's intention
to appeal and by giving a bond, to be approved by the judge of the district
court, conditioned for the payment of costs of the appeal if the report of the
county surveyor is affirmed by the court. Upon the filing of such notice and
bond the county surveyor shall certify the appeal to the clerk of the district
court, and shall file with the clerk a certified copy of the report appealed
from, including the affidavits, if any, filed therewith. The court shall hear
and determine the appeal, and enter an order of judgment approving or rejecting
the report, or modifying or amending the report, or may refer the report back
to the surveyor to correct the survey and report in conformity with the decree
of the court, or may, for good cause shown, set aside the report and appoint
one or more surveyors, who shall proceed at the time mentioned in the order of
the court, to survey and determine the corners and boundaries of the land in
question, and shall report the same to the court for further action.
(b) The corners and boundaries established in any survey made in pursuance
of an agreement, or in any survey where no appeal is taken from the surveyor's
report, and such corners and boundaries as are established by the decree of the
court, shall be held and considered as permanently established, and shall not
thereafter be changed. When any report of a survey made in pursuance of an
agreement, or of legal notice, or by the order of court, becomes final, it
shall be the duty of the county surveyor to record the report in the records of
permanent surveys. The county surveyor shall also make a certified record of
such 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 of
deeds.
History: L. 1891, ch. 89, § 10; R.S. 1923, 19-1426; L. 1992, ch. 314,
§ 2; July 1.
19-1426.Appeal from report of survey; recordation of survey.
(a) Upon the filing of the report of each survey, any person interested in
the same can at any time within 30 days thereafter appeal to the district
court, by filing with the county surveyor a notice of such person's intention
to appeal and by giving a bond, to be approved by the judge of the district
court, conditioned for the payment of costs of the appeal if the report of the
county surveyor is affirmed by the court. Upon the filing of such notice and
bond the county surveyor shall certify the appeal to the clerk of the district
court, and shall file with the clerk a certified copy of the report appealed
from, including the affidavits, if any, filed therewith. The court shall hear
and determine the appeal, and enter an order of judgment approving or rejecting
the report, or modifying or amending the report, or may refer the report back
to the surveyor to correct the survey and report in conformity with the decree
of the court, or may, for good cause shown, set aside the report and appoint
one or more surveyors, who shall proceed at the time mentioned in the order of
the court, to survey and determine the corners and boundaries of the land in
question, and shall report the same to the court for further action.
(b) The corners and boundaries established in any survey made in pursuance
of an agreement, or in any survey where no appeal is taken from the surveyor's
report, and such corners and boundaries as are established by the decree of the
court, shall be held and considered as permanently established, and shall not
thereafter be changed. When any report of a survey made in pursuance of an
agreement, or of legal notice, or by the order of court, becomes final, it
shall be the duty of the county surveyor to record the report in the records of
permanent surveys. The county surveyor shall also make a certified record of
such 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 of
deeds.
History: L. 1891, ch. 89, § 10; R.S. 1923, 19-1426; L. 1992, ch. 314,
§ 2; July 1.
19-1426.Appeal from report of survey; recordation of survey.
(a) Upon the filing of the report of each survey, any person interested in
the same can at any time within 30 days thereafter appeal to the district
court, by filing with the county surveyor a notice of such person's intention
to appeal and by giving a bond, to be approved by the judge of the district
court, conditioned for the payment of costs of the appeal if the report of the
county surveyor is affirmed by the court. Upon the filing of such notice and
bond the county surveyor shall certify the appeal to the clerk of the district
court, and shall file with the clerk a certified copy of the report appealed
from, including the affidavits, if any, filed therewith. The court shall hear
and determine the appeal, and enter an order of judgment approving or rejecting
the report, or modifying or amending the report, or may refer the report back
to the surveyor to correct the survey and report in conformity with the decree
of the court, or may, for good cause shown, set aside the report and appoint
one or more surveyors, who shall proceed at the time mentioned in the order of
the court, to survey and determine the corners and boundaries of the land in
question, and shall report the same to the court for further action.
(b) The corners and boundaries established in any survey made in pursuance
of an agreement, or in any survey where no appeal is taken from the surveyor's
report, and such corners and boundaries as are established by the decree of the
court, shall be held and considered as permanently established, and shall not
thereafter be changed. When any report of a survey made in pursuance of an
agreement, or of legal notice, or by the order of court, becomes final, it
shall be the duty of the county surveyor to record the report in the records of
permanent surveys. The county surveyor shall also make a certified record of
such 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 of
deeds.
History: L. 1891, ch. 89, § 10; R.S. 1923, 19-1426; L. 1992, ch. 314,
§ 2; July 1.