17-3-5 - Records to be transmitted -- Expenses for transcribing and transfer.
17-3-5. Records to be transmitted -- Expenses for transcribing and transfer.
Whenever a new county shall have been created under the provisions of this chapter, thecounty executive of the county from which the new county has been taken shall furnish to therespective officers of the new county, in form and on suitable paper for binding into permanentrecords, certified copies of all such records or parts of such records and books as pertain to oraffect the title of real or personal property in such new county; such copies to be complete up to12 o'clock noon of the first Monday in January following the election for the creation of suchnew county; provided, that original records, books, maps or plats, whether filed or recorded, orfiled papers which exclusively relate to or affect the title to land in such new county or whichaffect personal property owned by residents of such new county, as shown by the recordspertaining thereto, shall be transferred to the custody of the proper officer of the new county, whoshall give his receipt therefor; and where any record of any county from which such new countyis taken has been compiled or arranged in such manner that it may be divided by segregating suchinstruments therein or pages thereof as to relate to or affect exclusively the title to lands in suchnew county or personal property owned by residents thereof, such record shall be so divided, andthe separate parts of such divided or segregated records shall be the property of the counties towhich they relate.
The records of all corporations whose principal place of business is situated in the newcounty, unless recorded in such a manner that the original record pertaining to any suchcorporation may, as herein provided, be delivered over to the new county, shall be copied andcertified, and such certified copy of copies, together with all original documents, files and papersrelating to such corporations shall be transmitted to the new county.
All recorded official bonds of officers within the new county in force at the time it iscreated, unless recorded in such manner that the original record thereof may be transferred, shallbe copied, certified and transmitted to the new county, and all bonds of local officers within thenew county which are required by law to be filed only shall be transferred to the new county.
All official registers, books, papers and files of every description relating to or affectingelections, both general and local, which shall have been held in any district, precinct or othersubdivision wholly within such new county, and certified copies of the last election proceedingshad in any districts which are partly in the new county and partly in the old county shall betransmitted to the new county.
All records, maps, plats, files and papers relating to or affecting the creation, regulationand operation of irrigation, drainage and mosquito abatement districts which are wholly withinthe new county, and certified copies of such records, maps, plats, files and papers relating to andaffecting the creation, regulation and operation of irrigation, drainage and mosquito abatementdistricts which are partly in the new and partly in the old county shall be transmitted to the newcounty.
All expenses lawfully incurred for transcribing and for the transfer of records providedfor in this section shall be paid out of the general funds of the new county, and the expenses ofany special election provided for in this chapter shall be paid one-half out of the general funds ofthe county from which territory is taken and one-half out of the general funds of the new county.
Amended by Chapter 227, 1993 General Session