First Regular Session 113th General Assembly (2003)

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     AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-2-12-13; (03)HE1741.1.1. -->     SECTION 1. IC 36-2-12-13 , AS AMENDED BY P.L.276-2001, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: 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).

HEA 1741


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