Indiana Code 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, superior court, or probate court for the county within one hundred eighty (180) days.

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Terms Used In Indiana Code 36-2-12-14

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Probate: Proving a will
Property: includes personal and real property. See Indiana Code 1-1-4-5

(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

(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; P.L.99-2023, SEC.3.

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