§ 36-2-12-13 — Corner and Harn monuments; temporary removal; change of location; reimbursement for repair or replacement

(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.