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).
[Pre-Local Government Recodification Citation: 17-3-64-7.5.]
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.
Structure Indiana Code
Article 2. Government of Counties Generally
36-2-12-1. Application of Chapter
36-2-12-2. Residence; Term of Office
36-2-12-3. Location of Office; Business Hours; Supplies and Equipment
36-2-12-4. Legal Action on Days Office Is Closed
36-2-12-7. Expiration of Surveyor's Term
36-2-12-8. Supervision of Surveying and Civil Engineering Work; Appointment of Civil Engineer
36-2-12-9. Survey to Constitute Prima Facie Evidence
36-2-12-12. Surveyors Not Trespassers; Actual Damages