Sec. 14. (a) The owner of property surveyed under this chapter may appeal that survey to the circuit court, superior court, or probate court for the county:
(1) within ninety (90) days if the owner is a resident of the county; or
(2) within one (1) year if the owner is not a resident of the county.
(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 the county surveyor's field notes.
(d) A new survey made under this section may be appealed under this section.
[Pre-Local Government Recodification Citations: 17-3-58-5 part; 17-3-67-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.84-2016, SEC.170; P.L.159-2018, SEC.8.
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