§ 36-2-12-14 — Appeal of survey; procedure

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