reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-8. Record of Instruments in Order Received; Public Access; Copies; Contaminated Instruments

Sec. 8. (a) The recorder shall record all instruments that are proper for recording, in the order in which they are received in the recorder's office for record. The recorder shall record deeds and mortgages in separate records.
(b) Providing an exact copy of an original instrument in the possession of the recorder is sufficient to comply with the inspection of public records provided under IC 5-14-3-3 if the original document has not been archived.
(c) Any instrument that is contaminated by blood or another bodily fluid, or that appears to be contaminated by blood or another bodily fluid, is not proper for recording. The recorder shall not record an instrument that is contaminated by blood or another bodily fluid or that appears to be contaminated by blood or another bodily fluid.
[Pre-Local Government Recodification Citations: 17-3-39-2 part; 17-3-39-3 part; 17-3-39-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.87-2001, SEC.1; P.L.86-2013, SEC.5; P.L.127-2017, SEC.75.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-9. Entry Book; Contents

Sec. 9. (a) The recorder shall keep an entry book in which the recorder shall enter information that identifies:
(1) the date on which the recorder received each instrument for recording;
(2) the names of the parties to the instrument;
(3) a description of the premises affected by the instrument; and
(4) the fees for recording the instrument.
(b) The recorder may maintain the entry book in a paper, an electronic, or digital format.
[Pre-Local Government Recodification Citation: 17-3-39-2 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.76.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-10. Recording Requirements

Sec. 10. The recorder may record sheets conforming in size, color, weight, and texture to the pages of the appropriate official record book in which similar instruments are recorded, if:
(1) the complete text of a printed instrument comprising ten (10) or more printed pages has been accurately and legibly printed on the sheets;
(2) the original instrument is filed for record in the recorder's office at the same time; and
(3) the recorder is satisfied that the complete text of the original instrument has been accurately and legibly printed on the sheets.
After the recorder has numbered the sheets and entered them into the official record, the instruments are considered to have been properly recorded.
[Pre-Local Government Recodification Citations: 17-3-52-1; 17-3-52-2.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.77.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-12. Grantor and Grantee Index; Separate Indexes for Deeds and Mortgages; Requisites

Sec. 12. (a) The recorder shall index each volume of instruments the recorder records by:
(1) the name of each grantor, promisor, or covenantor, in alphabetical order and cross-referenced to the proper grantee, promisee, or covenantee; and
(2) the name of each grantee, promisee, or covenantee, in alphabetical order and cross-referenced to the proper grantor, promisor, or covenantor.
(b) The recorder shall accurately maintain separate indexes of all the records of:
(1) deeds for real estate; and
(2) mortgages on real estate;
in the recorder's office. The recorder shall index each deed or mortgage alphabetically, by the name of each grantor and grantee or mortgagor and mortgagee, and shall include in each index entry a concise description of the real property, the date of the deed or mortgage, and the number or letter of the book and the page at which each deed or mortgage is recorded.
[Pre-Local Government Recodification Citations: 17-3-39-3 part; 17-3-53-1; 17-3-53-2; 17-3-53-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.16-2001, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-13. Plat or Instrument of Title to Real Property Recorded in County Where Plat or Property Not Located

Sec. 13. If a plat or an instrument of title to real property is recorded in a county other than the one in which the plat or property is located, the county executive of the county in which the plat or property is located may order the recorder of its county to record a copy of the plat or instrument that has been certified by the recorder of the county in which it was first recorded. A copy of a record made under this section that is certified by the recorder of the county in which the plat or property is located has the same force in evidence as the original instrument would have.
[Pre-Local Government Recodification Citation: 17-3-39-7.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-14. Auditor's Endorsement Required for Recording of Deed of Partition, Conveyance of Land, or Affidavits of Transfer to Real Estate; Violation

Sec. 14. (a) The recorder may record:
(1) a deed of partition;
(2) a conveyance of land; or
(3) an affidavit of transfer to real estate;
only if it has been endorsed by the auditor of the proper county as "duly entered for taxation subject to final acceptance for transfer", "not taxable", or "duly entered for taxation" as provided by IC 36-2-9-18.
(b) A recorder who violates this section shall forfeit the sum of five dollars ($5), to be recovered by an action in the name of the county, for the benefit of the common school fund.
[Pre-Local Government Recodification Citations: 17-3-39-8 part; 17-3-39-9.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.54-1988, SEC.4; P.L.106-2003, SEC.7; P.L.106-2007, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-14.5. Recording of Purchase Contracts Involving Manufactured Homes and Mobile Homes

Sec. 14.5. (a) As used in this section, "manufactured home" has the meaning set forth in IC 9-13-2-96(b).
(b) As used in this section, "mobile home" has the meaning set forth in IC 6-1.1-7-1(b).
(c) A person must do the following to record a purchase contract that is subject to IC 9-17-6-17:
(1) Submit the following to the county recorder:
(A) A copy of the title to the manufactured home or mobile home.
(B) An affidavit stating whether the contract requires the seller or the buyer to pay the property taxes imposed on the manufactured home or mobile home.
(2) Pay any applicable recording fees.
(d) The county recorder shall record a purchase contract submitted for recording under IC 9-17-6-17 by a person who complies with subsection (c). The county recorder shall do the following:
(1) Provide the information described in subsection (c)(1) to the county treasurer with respect to each contract recorded under this section.
(2) Notify the township assessor of the township in which the mobile home is located, or to which the mobile home will be moved, that a contract for the sale of the mobile home has been recorded. If there is no township assessor for the township, the county recorder shall provide the notice required by this subdivision to the county assessor.
As added by P.L.203-2013, SEC.26. Amended by P.L.127-2017, SEC.79.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-15. Instruments That May Be Received for Record or Filing; Name of Person or Governmental Agency That Prepared Instrument

Sec. 15. (a) This section does not apply to:
(1) an instrument executed before July 1, 1959, or recorded before July 26, 1967;
(2) a judgment, order, or writ of a court;
(3) a will or death certificate;
(4) an instrument executed or acknowledged outside Indiana; or
(5) a federal lien on real property or a federal tax lien on personal property, as described in section 25 of this chapter.
(b) The recorder may receive for record or filing an instrument that conveys, creates, encumbers, assigns, or otherwise disposes of an interest in or lien on property only if:
(1) the name of the person and governmental agency, if any, that prepared the instrument is printed, typewritten, stamped, or signed in a legible manner at the conclusion of the instrument; and
(2) all Social Security numbers in the document are redacted, unless required by law.
(c) An instrument complies with subsection (b)(1) if it contains a statement in the following form:
"This instrument was prepared by (name).".
(d) An instrument complies with subsection (b)(2) if it contains a statement in the following form at the conclusion of the instrument and immediately preceding or following the statement required by subsection (b)(1):
"I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law (name).".
[Pre-Local Government Recodification Citation: 17-3-41-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.171-2006, SEC.21; P.L.160-2007, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-16.5. Requirements for Instrument or Document Presented for Recording; Not Applicable to Certain Instruments or Documents

Sec. 16.5. (a) This section does not apply to the following:
(1) A judgment, an order, or a writ of a court.
(2) A will or death certificate.
(3) A plat.
(4) A survey.
(b) The county recorder may receive for record an instrument or a document if:
(1) the instrument or document consists of at least one (1) individual page measuring not more than eight and one-half (8 1/2) inches by fourteen (14) inches that is not permanently bound and is not a continuous form;
(2) the instrument or document is on white paper of at least twenty (20) pound weight and has clean margins:
(A) on the first and last pages of at least two (2) inches on the top and bottom and one-half (1/2) inch on each side; and
(B) on each additional page of at least one-half (1/2) inch on the top, bottom, and each side; and
(3) the instrument or document is typewritten or computer generated in black ink in at least 10 point type.
As added by P.L.211-1996, SEC.5. Amended by P.L.127-2017, SEC.80.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-17. Recording of Name of Farm; Description; Conveyance; Cancellation

Sec. 17. (a) An owner of a farm may have the name of the owner's farm and a description of the land to which the name applies recorded in a register kept for that purpose by the recorder of the county in which the farm is located. The recorder, under the seal of the recorder's office, shall present to the owner a proper certificate setting forth the name and description of the farm.
(b) If a name is recorded as the name of a farm, the name may not be recorded as the name of another farm in the same county.
(c) If the name of a farm is recorded under this section and the owner conveys all of the farm, the recorded name of the farm also is conveyed. If the owner conveys only a part of the farm, the recorded name of the farm is conveyed only if so stated in the deed of conveyance.
(d) An owner of a farm may cancel the recorded name of the farm by making the following statement on the margin of the record of the name: "This name is cancelled and I hereby release all rights thereunder." This statement must be signed by the owner and attested by the recorder.
[Pre-Local Government Recodification Citations: 17-3-44-1; 17-3-44-3; 17-3-44-4.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.81.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-18. Marginal Entries; Satisfaction, Cancellation, or Assignment; Entry in Entry Book or Electronic Index

Sec. 18. (a) The recorder may allow marginal entries.
(b) If a satisfaction, cancellation, or assignment of any kind is made on the margin of a record in the recorder's office or entered as an associated document, the recorder shall immediately enter it on the entry book or into the electronic index. The entry must show the date of entry, the name of the person who executed the instrument satisfied, cancelled, or assigned, and the name, number, and page of the record where the instrument is recorded.
[Pre-Local Government Recodification Citation: 17-3-45-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.231-1989, SEC.12; P.L.127-2017, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-19. Affidavit; Recording in Miscellaneous Records; Record as Prima Facie Evidence

Sec. 19. (a) An affidavit that:
(1) concerns the birth, marriage, death, name, residence, identity, or relationship of any of the parties named in an instrument affecting real property;
(2) is made by a professional surveyor registered under IC 25-21.5 and concerns the existence or location of a monument or physical boundary;
(3) is made by a professional surveyor registered under IC 25-21.5 and reconciles ambiguous descriptions in conveyances with descriptions in a regular chain of title;
(4) concerns facts incident to the adverse possession of real property and the payment of taxes on that property; or
(5) is made by a purchaser of real property sold on foreclosure or conveyed in lieu of foreclosure of:
(A) a deed of trust securing an issue of bonds or other evidences of indebtedness;
(B) a mortgage;
(C) a contract for the sale of real property; or
(D) any other security instrument;
held by a fiduciary or other representative, and concerns the authority of the purchaser to purchase the property and the terms and conditions on which the property is to be held and disposed of;
may be recorded in the office of the recorder of the county in which the property is located. If an affidavit is presented to the recorder for record under this section, the recorder shall record it in the miscellaneous records in the recorder's office.
(b) An affidavit recorded under this section may be received in evidence in any proceeding affecting the real property and constitutes prima facie evidence of the facts and circumstances contained in the affidavit.
[Pre-Local Government Recodification Citations: 17-3-47-1; 17-3-47-2; 17-3-47-3.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1991, SEC.33; P.L.57-2013, SEC.89.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-20. Memorandum of Lease or Memorandum of Contract; Recording; Effect

Sec. 20. (a) As used in this section, "contract" means an agreement for a seller to sell real estate to a purchaser that provides for the purchaser to pay the purchase price to the seller in periodic installments, with the seller retaining record title to the real estate and the purchaser acquiring equitable title to the real estate.
(b) As used in this section, "lease" means a lease of real estate by a lessor to a lessee, over a term that is specified in a written lease agreement in consideration of the lessee's promise to pay rent to the lessor as also specified in the written lease agreement.
(c) As used in this section, "lessee" means a tenant that is party to a lease with a lessor.
(d) As used in this section, "lessor" means an owner of real property or buildings or fixtures situated on real property that enters into a lease with a lessee.
(e) As used in this section, "real estate" means:
(1) the real property that is subject to the lease or contract; or
(2) buildings or fixtures situated on the real property that are subject to the lease or contract.
(f) As used in this section, "seller" means an owner of real estate that sells the real estate to a purchaser under a contract.
(g) A memorandum of a lease or a memorandum of contract may be recorded in lieu of the lease or contract itself if the memorandum is executed and acknowledged by the parties and contains:
(1) the names of the parties;
(2) the term of the lease or contract;
(3) any option of the lessee to renew or extend the term of the lease or of the purchaser to renew or extend the term of the contract; and
(4) the specific legal description of the real estate, or a survey or plot plan authorized under subsection (i) showing the location of the real estate.
(h) A memorandum recorded under this section may also contain any other agreement made between the parties in the lease or contract.
(i) A survey or plot plan may be used in lieu of a specific legal description to describe:
(1) any part of a building on the real estate, if the specific legal description of the real property on which the building is located is set forth in the memorandum, survey, or plot plan;
(2) any part of the real estate that is part of a larger tract of land, if the specific legal description of the larger tract is set forth in the memorandum, survey, or plot plan; or
(3) real property of the lessor or seller, if:
(A) its use is restricted by the terms of the lease or contract;
(B) it is located wholly within real property of the lessor or seller; and
(C) the specific legal description of the real property within which it is located is set forth in the memorandum, survey, or plot plan.
(j) As to the provisions contained in a memorandum recorded under this section, recording the memorandum has the same effect as recording the lease or contract itself.
[Pre-Local Government Recodification Citation: 17-3-49-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.83.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-21. Repealed

[Pre-Local Government Recodification Citations: 17-3-50-1; 17-3-50-2; 17-3-50-3.]
As added by Acts 1980, P.L.212, SEC.1. Repealed by P.L.338-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-22. Certified Copy of Matter Relating to Bankruptcy; Recording in Miscellaneous Records

Sec. 22. The recorder shall record a certified copy of a matter relating to bankruptcy if federal law requires that the copy be filed in the county in which lands of the bankrupt are located in order to give notice of the bankruptcy. The recorder shall record the copy in the miscellaneous records and shall index it in the same manner as deeds, in the name of the bankrupt as grantor and the trustee in bankruptcy or receiver as grantee.
[Pre-Local Government Recodification Citation: 17-3-51-1 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-23. Official Seal

Sec. 23. (a) The recorder shall use an official seal in attesting an instrument when appropriate to seal the instrument. Before the recorder uses the recorder's official seal, the recorder shall file the impression of the seal and a verified description of that impression in the office of the clerk of the circuit court, for recording in the order book of that court.
(b) If the recorder has complied with this section, full faith and credit shall be given to the recorder's seal without further attestation.
[Pre-Local Government Recodification Citation: 17-3-53-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.84.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-25. Federal Liens; Notice; Filing; Certificate of Discharge; Recording; Exemption From Redaction Requirements

Sec. 25. (a) This section applies to:
(1) a lien arising under Section 107 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq. (commonly known as the Superfund Law); and
(2) any other federal lien on real property or any federal tax lien on personal property provided for in the statutes or regulations of the United States.
In order for a lien covered by this section to be perfected, notice of the lien must be filed in the office of the recorder of the county in which the real or personal property subject to the lien is located.
(b) When a notice of a lien covered by this section is presented to the recorder for filing, the recorder shall enter it appropriately in the entry book and in the miscellaneous record. The entries made under this subsection must show the date of filing, the book and page number or instrument number, the name of the person named in the notice, a legal description of the property, if appropriate, and any serial number or other identifying number given in the notice.
(c) When a certificate of discharge of a federal lien covered by this section is issued by the proper officer and presented for filing in the office of the recorder of the county where the notice of lien was filed, the recorder shall record the certificate of discharge as a release of the lien. However, to be recorded under this subsection, the certificate must refer to the recorder's book and page number or instrument number under which the lien was recorded.
(d) When recording a release of a lien under subsection (c), the recorder shall inscribe, in the margin of each entry made to record the lien under subsection (a), a reference to the place where the release is recorded.
(e) Upon the recording of the certificate of discharge as a release under subsection (c) and the inscribing of the references to the release under subsection (d), a certificate of discharge of a lien covered by this section operates as a full discharge and satisfaction of the lien, unless the references to the release inscribed under subsection (d) specifically note the release as a partial lien release.
(f) A federal lien on real property and a federal tax lien on personal property are not subject to the:
(1) requirement to redact Social Security numbers as described in IC 36-2-7.5-1.5; or
(2) requirements to include statements in a recorded or filed instrument as described in section 15(c) and 15(d) of this chapter.
As added by P.L.338-1987, SEC.1. Amended by P.L.256-1993, SEC.1; P.L.171-2006, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-26. Social Security Number on Instruments Presented for Recording

Sec. 26. (a) This section does not apply to an instrument executed before July 1, 2002.
(b) A person may not present for recording by the county recorder a mortgage instrument that discloses a Social Security number.
As added by P.L.16-2001, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 11. County Recorder › 36-2-11-27. Payments to County Recorder; Transaction Fees; Contracting With Payment Processing Companies Authorized

Sec. 27. (a) A payment to the county recorder for any purpose may be made by any of the following financial instruments that the county recorder authorizes to use:
(1) Cash.
(2) Check.
(3) Bank draft.
(4) Money order.
(5) Bank card or credit card.
(6) Electronic funds transfer.
(7) Any other financial instrument authorized by the county recorder.
(b) If there is a charge to the county recorder for the use of a financial instrument other than a bank card or credit card, the county recorder shall collect a sum equal to the amount of the charge from the person who uses the financial instrument.
(c) The county recorder may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards. A payment made under this chapter does not finally discharge the person's liability, and the person has not paid the liability until the county recorder receives payment or credit from the institution responsible for making the payment or credit. Subject to subsection (e), if there is a vendor transaction card or discount fee, whether billed to the county recorder or charged directly to the county recorder's account, the county recorder shall collect a fee from the person using the bank card or credit card. The fee is a permitted charge under IC 24-4.5-3-202.
(d) Subject to subsection (e), the county recorder may contract with a payment processing company, which may collect a transaction fee from the person using the bank card or credit card.
(e) The county recorder shall collect and deposit in the appropriate fund an amount not less than the amount the county recorder would collect and deposit if the county recorder received payment by a means other than a bank card or credit card.
(f) Funds described in subsection (c) may be used without appropriation to pay the transaction charge or discount fee charged by the bank or credit card vendor.
As added by P.L.171-2006, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-1. Application of Chapter

Sec. 1. This chapter applies to all counties.
[Pre-Local Government Recodification Citation: Ind. Const. Art. 6, § 2.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-2. Residence; Term of Office

Sec. 2. (a) The county surveyor must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The surveyor forfeits office if the surveyor ceases to be a resident of the county.
(b) The term of office of the county surveyor under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: 17-3-1-1 part; 17-3-58-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.547.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-2.5. Training

Sec. 2.5. (a) As used in this section, "training course" refers to:
(1) a training course related to the office of county surveyor that is compiled or developed by the Association of Indiana Counties and approved by the state board of accounts; or
(2) an educational course regarding land surveying that is taken by an individual who is:
(A) serving in the office of county surveyor; and
(B) an actively registered professional surveyor.
(b) An individual elected to the office of county surveyor shall complete at least:
(1) fifteen (15) hours of training courses within one (1) year; and
(2) forty (40) hours of training courses within three (3) years;
after the individual is elected to the office of county surveyor.
(c) An individual first elected to the office of county surveyor shall complete five (5) hours of newly elected official training courses before the individual first takes the office of county surveyor. A training course that an individual completes under this subsection shall be counted toward the requirements under subsection (b).
(d) An individual shall fulfill the training requirement established by subsection (b) for each term the individual serves.
(e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected.
(f) This subsection applies only to an individual appointed to fill a vacancy in the office of county surveyor. An individual described in this subsection may, but is not required to, take any training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county surveyor, the county shall pay for the training course as if the individual had been an elected county surveyor.
As added by P.L.171-2009, SEC.2. Amended by P.L.57-2013, SEC.90; P.L.279-2013, SEC.7; P.L.257-2019, SEC.109.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-3. Location of Office; Business Hours; Supplies and Equipment

Sec. 3. (a) The surveyor shall keep the surveyor's office in a building provided at the county seat by the county executive. The surveyor shall keep the surveyor's office open for business during regular business hours on every day of the year except Sundays and legal holidays. However, the surveyor may close the surveyor's office on days specified by the county executive according to the custom and practice of the county.
(b) The county executive shall provide the surveyor with all necessary supplies and equipment, including:
(1) ordinary office supplies, equipment, and accessories of the type furnished to other county offices; and
(2) surveying instruments and materials necessary for the discharge of the surveyor's duties.
Supplies and equipment furnished under this subsection are property of the county.
[Pre-Local Government Recodification Citations: 17-3-2-1 part; 17-3-62-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-4. Legal Action on Days Office Is Closed

Sec. 4. A legal action required to be taken in the surveyor's office on a day when the surveyor's office is closed under section 3 of this chapter may be taken on the next day the surveyor's office is open.
[Pre-Local Government Recodification Citation: 17-3-2-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.86.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-5. Official Seal

Sec. 5. The surveyor may procure and use an official seal.
[Pre-Local Government Recodification Citation: 17-3-58-8 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-6. Administration of Oaths; Appointment to Offices of Commissioner for Partition or Viewer; Acknowledgments of Mortgages and Deeds

Sec. 6. (a) The surveyor may:
(1) administer oaths necessary in the discharge of the surveyor's duties; and
(2) administer and certify any oath required to be taken by:
(A) a commissioner for the partition of real property; or
(B) a commissioner to view, mark, locate, or relocate a public highway.
(b) If the surveyor is appointed to one (1) of the offices covered by subsection (a)(2), the surveyor is not required to take an oath under that provision. The surveyor's duties as a commissioner comprise part of the surveyor's official duties, and the surveyor's signature on any proceedings required of a commissioner is sufficient.
(c) The surveyor may take, and certify with the surveyor's seal and signature, acknowledgments of mortgages and deeds for the conveyance of real property.
[Pre-Local Government Recodification Citations: 17-3-58-4; 17-3-58-7; 17-3-58-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1989, SEC.227.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-7. Expiration of Surveyor's Term

Sec. 7. (a) At the expiration of the surveyor's term of office, the surveyor shall turn over to the surveyor's successor all engineering and survey work in which the surveyor is engaged.
(b) At the expiration of the surveyor's term of office, the surveyor's duties as surveyor, including the surveyor's duties as county engineer or as the engineer on public improvement work of any kind, cease, and those duties shall be performed by the surveyor's successor, unless by mutual agreement the surveyor whose term is expiring is permitted to continue performing those duties on public improvements.
[Pre-Local Government Recodification Citation: 17-3-65-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.87.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-8. Supervision of Surveying and Civil Engineering Work; Appointment of Civil Engineer

Sec. 8. (a) If the surveyor is a competent civil engineer, the surveyor shall plan and supervise all surveying and civil engineering work of the county under the direction of the county executive.
(b) If the surveyor is not a competent civil engineer, the county executive shall appoint a competent civil engineer for each surveying or civil engineering project that the executive orders or receives a petition for. If the executive refuses to appoint such an engineer for a project, the surveyor is entitled to a hearing in the circuit or superior court of the county to determine the surveyor's competence to perform the project. The order of the court under this section is final and conclusive.
[Pre-Local Government Recodification Citation: 17-3-58-2 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.127-2017, SEC.88.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-9. Survey to Constitute Prima Facie Evidence

Sec. 9. A survey by the surveyor constitutes prima facie evidence in favor of the corners and lines it establishes.
[Pre-Local Government Recodification Citation: 17-3-58-5 part.]
As added by Acts 1980, P.L.212, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-11. Administration of Section; Maintenance of Corner Record Book; Contents of Record; Procedure for Establishment and Perpetuation of Corners

Sec. 11. (a) The county surveyor shall administer this section if the county surveyor is registered as a professional surveyor under IC 25-21.5. If the county surveyor is not registered, the county surveyor shall, with the approval of the county executive, appoint a person who is registered as a professional surveyor and is a resident voter of the county to administer this section. If a resident, professional surveyor is not available, a professional surveyor who resides in another county may be employed.
(b) The county surveyor shall keep and maintain a corner record book, that must contain:
(1) a record and an index by location of all the original government survey corners;
(2) outline maps of each section, grant, tract, and subdivision or group of sections, grants, tracts, and subdivisions in the county showing the location of each corner on record and stating at the location of each corner on the map where the reference for that corner may be found; and
(3) a reference index for each corner.
A separate card index system may be used in lieu of the index required by subdivision (3).
(c) The record of each corner referenced in the record book must contain:
(1) the location of the corner;
(2) an accurate description of the monument used to mark the corner such as "stone" or "iron pin";
(3) the distance and bearings from the corner to three (3) or more permanent objects or structures;
(4) the date the corner was last checked and the condition of the monument and references;
(5) the name of the county surveyor making the check; and
(6) the method of establishing or relocating the corner.
(d) The records of the county corners shall be established and perpetuated in the following manner:
(1) Each year the county surveyor shall check and reference at least five percent (5%) of all corners shown in the corner record book.
(2) The county surveyor may enter in the county surveyor's corner record book the findings submitted by a private, professional surveyor who checks and references corners and is registered under IC 25-21.5.
(e) Any money in the county surveyor's corner perpetuation fund collected under IC 36-2-7-10 or IC 36-2-19 may be appropriated in the manner provided by law for the purposes of this section.
[Pre-Local Government Recodification Citations: 17-3-64-1; 17-3-64-2; 17-3-64-3; 17-3-64-4; 17-3-64-5.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983, SEC.2; P.L.76-1989, SEC.2; P.L.23-1991, SEC.35; P.L.57-2013, SEC.92.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-12. Surveyors Not Trespassers; Actual Damages

Sec. 12. While doing work under section 10 or 11 of this chapter, a professional surveyor registered under IC 25-21.5, or the employees of the professional surveyor, an unregistered county surveyor, or the employees of a county surveyor are not considered trespassers and are liable only for the actual damages they cause to property.
[Pre-Local Government Recodification Citations: 17-3-63-5; 17-3-64-8.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.342-1983, SEC.3; P.L.23-1991, SEC.36; P.L.57-2013, SEC.93.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-13. Corner and Harn Monuments; Temporary Removal; Change of Location; Reimbursement for Repair or Replacement

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).
[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.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 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.
(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.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 12. County Surveyor › 36-2-12-15. Compensation

Sec. 15. (a) If the surveyor serves as highway supervisor or county highway engineer and is compensated for that service in an amount greater than the compensation fixed under this title, then that compensation is in lieu of the compensation fixed under this title.
(b) When fixing the compensation of county officers under this title, the county fiscal body shall fix:
(1) compensation for the surveyor as if the surveyor is registered under IC 25-21.5 or IC 25-31; and
(2) compensation for the surveyor as if the surveyor is not registered under IC 25-21.5 or IC 25-31.
The compensation fixed under subdivision (1) must be one and one-half (1 1/2) times that fixed under subdivision (2). The county fiscal body shall then determine whether or not the surveyor is registered under IC 25-21.5 or IC 25-31 and shall fix the surveyor's compensation in the proper amount.
(c) In addition to the compensation fixed under subsection (b), if the surveyor describes and certifies the number of miles of active regulated drains in the county to the county executive, the surveyor is entitled, with the approval of the county executive, to:
(1) two dollars ($2) per mile for each mile described and certified, if the surveyor is not registered under IC 25-21.5 or IC 25-31; or
(2) four dollars ($4) per mile for each mile described and certified, if the surveyor is registered under IC 25-21.5 or IC 25-31.
(d) In addition to the compensation fixed under subsections (b) and (c), the surveyor is entitled to:
(1) two dollars ($2) for each corner reference required under section 11 of this chapter, if the surveyor is not registered under IC 25-21.5 or IC 25-31; or
(2) four dollars ($4) for each corner reference required under section 11 of this chapter, if the surveyor is registered under IC 25-21.5 or IC 25-31.
[Pre-Local Government Recodification Citation: 17-3-72-10 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.309, SEC.103; P.L.342-1983, SEC.4; P.L.2-1997, SEC.81; P.L.127-2017, SEC.89.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 14 of this chapter by P.L.219-1991 applies to the following:
(1) An insurance policy that is issued or renewed after June 30, 1991.
(2) A contract entered into or renewed after June 30, 1991, under which a prepaid health care delivery plan is to provide services to enrollees.
As added by P.L.220-2011, SEC.643.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-1. Application of Chapter

Sec. 1. Except for sections 15.3 and 16.3 of this chapter, this chapter applies to all counties.
[Pre-Local Government Recodification Citation: Ind. Const. Art. 6, §§ 2 and 11.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.1-2002, SEC.156.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-2. Residence; Term of Office

Sec. 2. (a) The county sheriff must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The sheriff forfeits office if the sheriff ceases to be a resident of the county.
(b) The term of office of the county sheriff under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.
[Pre-Local Government Recodification Citations: Ind. Const. Art. 6, § 11; 17-3-1-1 part; 17-3-5-1 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.548.
2023 Indiana Code › Title 36. Local Government › Article 2. Government of Counties Generally › Chapter 13. County Sheriff › 36-2-13-2.5. Salary Contracts for Sheriffs; Required Provisions; Legalization of Certain Contracts Entered Into Before January 1, 1993

Sec. 2.5. (a) The sheriff, the executive, and the fiscal body may enter into a salary contract for the sheriff.
(b) A sheriff's salary contract must contain the following provisions:
(1) A fixed amount of compensation for the sheriff in place of fee compensation.
(2) Payment of the full amount of the sheriff's compensation from the county general fund in the manner that salaries of other county officials are paid.
(3) Deposit by the sheriff of the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3) in the county general fund for use for any general fund purpose.
(4) A procedure for financing prisoners' meals that uses one (1) of the following methods:
(A) The county fiscal body shall make an appropriation in the usual manner from the county general fund to the sheriff for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation. The sheriff shall deposit all meal allowances received under IC 36-8-10-7 in the county general fund for use for any general fund purpose.
(B) The sheriff shall pay for feeding prisoners from meal allowances received under IC 36-8-10-7. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the meal allowances. After the expenses of feeding prisoners are paid, the sheriff shall deposit any unspent meal allowance money in the county general fund for use for any general fund purpose.
(5) A requirement that the sheriff shall file an accounting of expenditures for feeding prisoners with the county auditor on the first Monday of January and the first Monday of July of each year.
(6) An expiration date that is not later than the date that the term of the sheriff expires.
(7) Other provisions concerning the sheriff's compensation to which the sheriff, the county executive, and the fiscal body agree.
A contract entered before January 1, 1993, by a county sheriff and a county executive or county fiscal body that substantially complies with this subsection is legalized.
(c) A salary contract is entered under this section when a written document containing the provisions of the contract is:
(1) approved by resolution of both the executive and the fiscal body; and
(2) signed by the sheriff.
(d) A salary contract entered into under this section before November 1, 2010, with a sheriff who is reelected to office in 2010 is subject to section 17 of this chapter.
As added by P.L.83-1993, SEC.2. Amended by P.L.40-2008, SEC.2; P.L.220-2011, SEC.644.