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 as
provided in Article 6, Section 6 of the Constitution of the State of
Indiana. The surveyor forfeits office if the surveyor ceases to be a
resident 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) years
and 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 after
June 30, 2009, shall, within two (2) years after beginning the county
surveyor's term, complete at least twenty-four (24) hours of training
courses related to land surveying that are developed by the
Association of Indiana Counties and approved by the state board of
accounts.
(c) An individual shall fulfill the training requirement established
by 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 building
provided at the county seat by the county executive. He shall keep
his office open for business during regular business hours on every
day of the year except Sundays and legal holidays. However, he may
close his office on days specified by the county executive according
to the custom and practice of the county.
(b) The county executive shall provide the surveyor with all
necessary supplies and equipment, including:
(1) ordinary office supplies, equipment, and accessories of the
type furnished to other county offices; and
(2) surveying instruments and materials necessary for the
discharge of his duties.
Supplies and equipment furnished under this subsection are property
of 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 office
on a day when his office is closed under section 3 of this chapter may
be 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 commissioner
for partition or viewer; acknowledgments of mortgages and deeds
Sec. 6. (a) The surveyor may:
(1) administer oaths necessary in the discharge of the surveyor's
duties; 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 a
public highway.
(b) If the surveyor is appointed to one (1) of the offices covered
by subsection (a)(2), the surveyor is not required to take an oath
under that provision. The surveyor's duties as a commissioner
comprise part of the surveyor's official duties, and the surveyor's
signature on any proceedings required of a commissioner is
sufficient.
(c) The surveyor may take, and certify with the surveyor's seal and
signature, acknowledgments of mortgages and deeds for the
conveyance 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 surveyor
shall turn over to his successor all engineering and survey work in
which he is engaged.
(b) At the expiration of the surveyor's term of office, his duties as
surveyor, including his duties as county engineer or as the engineer
on public improvement work of any kind, cease, and those duties
shall be performed by his successor, unless by mutual agreement the
surveyor whose term is expiring is permitted to continue performing
his 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; appointment
of civil engineer
Sec. 8. (a) If he is a competent civil engineer, the surveyor shall
plan and supervise all surveying and civil engineering work of the
county under the direction of the county executive.
(b) If the surveyor is not a competent civil engineer, the county
executive shall appoint a competent civil engineer for each surveying
or civil engineering project that the executive orders or receives a
petition for. If the executive refuses to appoint such an engineer for
a project, the surveyor is entitled to a hearing in the circuit or
superior court of the county to determine his competence to perform
the project. The order of the court under this section is final and
conclusive.
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 evidence
in 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 for
establishing location of line; effect of location and establishment of
lines; appeal
Sec. 10. (a) The surveyor shall maintain a legal survey record
book, which must contain a record of all the legal surveys made in
the county showing outline maps of each section, grant, tract,
subdivision, or group of sections, grants, tracts, and subdivisions in
sufficient detail so that the approximate location of each legal survey
can be shown. Legal surveys shall be indexed by location.
(b) A landowner desiring to establish the location of the line
between the landowner's land and that of an adjoining landowner by
means of a legal survey may do so as follows:
(1) The landowner shall procure a land surveyor registered
under IC 25-21.5 to locate the line in question and shall
compensate that surveyor.
(2) The land surveyor shall notify the owners of adjoining lands
that the land surveyor is going to make the survey. The notice
must 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 figures
establishing such lines and corners, referenced, and tied to
corners shown in the corner record book in the office of the
county surveyor or to corners shown on a plat recorded in the
plat books in the office of the county recorder.
(5) The land surveyor shall present to the county surveyor for
entry in the legal survey record book a plat of the legal survey
and proof of notice to or waiver of notice by the adjoining
landowners. The land surveyor shall give notice to adjoining
landowners by registered or certified mail within ten (10) days
after filing of the survey.
(c) The lines located and established under subsection (b) are
binding on all landowners affected and their heirs and assigns, unless
an appeal is taken under section 14 of this chapter. The right to
appeal commences when the plat of the legal survey is recorded by
the 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 perpetuation
of corners
Sec. 11. (a) The surveyor shall administer this section if the
surveyor is registered as a land surveyor under IC 25-21.5. If the
surveyor is not registered, the surveyor shall, with the approval of the
county executive, appoint a person who is registered as a land
surveyor and is a resident voter of the county to administer this
section. If a resident, registered land surveyor is not available, a land
surveyor 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 original
government survey corners;
(2) outline maps of each section, grant, tract, and subdivision or
group of sections, grants, tracts, and subdivisions in the county
showing the location of each corner on record and stating at the
location of each corner on the map where the reference for that
corner may be found; and
(3) a reference index for each corner.
A separate card index system may be used in lieu of the index
required by subdivision (3).
(c) The record of each corner referenced in the record book must
contain:
(1) the location of the corner;
(2) an accurate description of the monument used to mark the
corner such as "stone" or "iron pin";
(3) the distance and bearings from the corner to three (3) or
more permanent objects or structures;
(4) the date the corner was last checked and the condition of the
monument 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 perpetuated
in the following manner:
(1) Each year the surveyor shall check and reference at least
five percent (5%) of all corners shown in the corner record
book.
(2) The surveyor may enter in the surveyor's corner record book
the findings submitted by a private land surveyor who checks
and references corners and is registered under IC 25-21.5.
(e) Any money in the county surveyor's corner perpetuation fund
collected under IC 36-2-7-10 or IC 36-2-19 may be appropriated in
the 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 county
surveyor, or the employees of a county surveyor are not considered
trespassers and are liable only for the actual damages they cause to
property.
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 of
location; reimbursement for repair or replacement
Sec. 13. (a) A person may, for excavation, mineral extraction, or
other purposes related to the person's business, temporarily remove
a monument marking a corner. The person must notify in writing the
county surveyor at least thirty (30) days before removing the
monument. The person must replace the monument within a
reasonable time at the person's expense under the supervision of the
county surveyor or, if the county surveyor is not registered under
IC 25-21.5 or IC 25-31, the registered person who is selected under
section 11 of this chapter. The surveyor shall file a copy of the notice
in the corner record book.
(b) Only a county surveyor or a designee may change the location
of any monument. A person who wishes to have the location of a
monument changed must make a request to the surveyor in writing
and furnish written approval of all landowners whose property is
affected by the proposed change. The surveyor may approve, reject,
or modify the request and shall file a copy of the notice and the
landowners' 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 a
monument marking a corner, the owner of the public right-of-way
shall notify the county surveyor in writing at least fifteen (15) days
before commencing the work.
(d) A county legislative body may adopt an ordinance:
(1) prohibiting a person from moving, changing, or otherwise
altering a monument marking a corner without complying with
this section; and
(2) prescribing a monetary penalty for a violation of the
ordinance.
Any money collected shall be deposited in the county surveyor's
corner perpetuation fund.
(e) A person who damages or removes a monument marking a
corner or high accuracy reference network (HARN) point shall
reimburse the county for the cost of repairing or replacing the
monument.
(f) If a person who damages or removes a monument marking a
corner violates an ordinance under subsection (d), the person is liable
for:
(1) the amount of reimbursement under subsection (e); and
(2) any monetary penalty prescribed by the county legislative
body 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 chapter
may appeal that survey to the circuit court for the county:
(1) within ninety (90) days if he is a resident of the county and
was served with notice of the survey; or
(2) within one (1) year if he is not a resident of the county and
notice was by publication.
(b) When an appeal is taken under this section, the surveyor shall
immediately transmit copies of the relevant field notes and other
papers to the court, without requiring an appeal bond.
(c) The court may receive evidence of any other surveys of the
same premises. If the court decides against the original survey, it may
order a new survey to be made by a competent person other than the
person who did the original survey, and it shall:
(1) determine the true boundary lines and corners of the lands
included in the survey; and
(2) order the county surveyor to:
(A) locate and perpetuate the boundary lines and corners
according to the court's findings by depositing durable markers
in 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 under
this 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 county
highway engineer and is compensated for that service in an amount
greater than the compensation fixed under this title, then that
compensation is in lieu of the compensation fixed under this title.
(b) When fixing the compensation of county officers under this
title, the county fiscal body shall fix:
(1) compensation for the surveyor as if he is registered under
IC 25-21.5 or IC 25-31; and
(2) compensation for the surveyor as if he is not registered
under IC 25-21.5 or IC 25-31.
The compensation fixed under subdivision (1) must be one and
one-half (1 1/2) times that fixed under subdivision (2). The county
fiscal body shall then determine whether or not the surveyor is
registered under IC 25-21.5 or IC 25-31 and shall fix his
compensation in the proper amount.
(c) In addition to the compensation fixed under subsection (b), if
the surveyor describes and certifies the number of miles of active
regulated 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 and
certified, 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 and
certified, 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 under
section 11 of this chapter, if he is not registered under
IC 25-21.5 or IC 25-31; or
(2) four dollars ($4) for each corner reference required under
section 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 as
required by IC 36-2-17-5(c).
As added by P.L.276-2001, SEC.7.