Perpetual Corner Records Act of 1965

Chapter 319.

[H. 1368.  Approved March 12, 1965]

AN ACT concerning the preparation, maintenance and custody of corner record books.

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

    SECTION 1.  The county surveyor of each county in the State of Indiana shall be responsible for the preparation, maintenance and custody of a corner record book.

    SECTION 2.  The corner record book shall contain the following:
        (a) a record and an index by location of all the original government survey corners;
        (b) outline maps of each section, grant, tract and subdivision or group of sections, grants, tracts and subdivisions in the county, incorporated or unincorporated, and in sufficient detail so that the location of each corner on record can be shown.  At the location of each corner on the map a notation shall be made stating where the reference for such corner may be found; and
        (c) a reference index for each corner; or, in lieu thereof, a separate card index system may be used to record the references.

    SECTION 3.  The record of each corner referenced in the record book shall disclose the following:
        (a) location of the corner;
        (b) accurate description of the monument used to mark the corner such as "stone" or "ironpin";
        (c) distance and bearings from corner to three or more other permanent objects or structures;
        (d) date last checked and condition of monument and references;
        (e) name of surveyor making the check; and
        (f) method of establishment and/or relocation.

    SECTION 4.  The records of the corners shall be established and perpetuated in the following manner:
        (a) commencing on January 1, 1966, and in each calendar year thereafter, the county surveyor shall check and establish or reestablish and reference at least five per cent of all the corners originally established in the county by government surveyors, so that within twenty years or less all the original corners will be established or reestablished and thereafter perpetuated;
        (b) at least five per cent of all corners shown in the corner record book shall be checked by the county surveyor and the references confirmed or new references made each year; and
        (c) the county surveyor may take checks and references for these corners turned in to him by private registered land surveyors and enter these in the corner record book.

    SECTION 5.  Compliance with the provisions of this act insofar as it applies to the office of the county surveyor shall be the responsibility of the county surveyor and it shall be his duty to administer the provisions of this act if he is registered as a land surveyor by the Indiana State Board of Registration for Professional Engineers and Land Surveyors.  If he is not so registered as a land surveyor, by the State of Indiana, it shall be his duty, with the approval of the county commissioners, to appoint a qualified land surveyor registered in the State of Indiana, who is a resident elector of the county, if available, as administrator of this act.  If there is not a resident registered land surveyor available, one may be employed who resides outside of the county.

    SECTION 6.  Each county surveyor who is qualified to administer the provisions of this act shall be entitled to appoint one first or chief deputy with the approval of the county commissioners.  Other deputies may be appointed by the county surveyor but the number of such deputies shall be approved by the county commissioners.

    SECTION 7.  It shall be unlawful for any person or persons wilfully to damage, remove, displace or destroy a monument marking a corner which has been established under the provisions of this act.

    SECTION 8.  A land surveyor, registered as such by the Indiana State Board of Registration for Professional Engineers and Land Surveyors, while doing any work pursuant to the provisions of this act shall not be considered a trespasser and shall be liable only for the actual damage done to any property.

    SECTION 9.  All laws or parts of laws in conflict herewith are hereby repealed, but this act shall not be construed to repeal Acts 1905, ch. 169, s. 421.

    SECTION 10.  If any provision of this act or the application thereof to any person or circumstances is invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.