Introduced Version
SENATE BILL No. 92
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-21.5-9.
Synopsis: Land surveyors. Allows a licensed land surveyor to enter
any land or property within Indiana to conduct a survey. Provides
procedures for: (1) notifying a landowner; and (2) compensating a
landowner for any damage.
Effective: July 1, 2010.
Boots
January 5, 2010, read first time and referred to Committee on Local Government.
Introduced
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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SENATE BILL No. 92
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-21.5-9-7; (10)IN0092.1.1. -->
SECTION 1. IC 25-21.5-9-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 7. Subject to sections 8 and 9 of this chapter, a land
surveyor may enter upon, over, or under any land or property
within Indiana to conduct a survey or investigation by manual or
mechanical means, which include the following:
(1) Inspecting.
(2) Measuring.
(3) Leveling.
(4) Boring.
(5) Trenching.
(6) Sample taking.
(7) Archeological digging.
(8) Investigating soil and foundation.
(9) Transporting equipment.
(10) Any other work necessary to carry out a survey or an
investigation.
SOURCE: IC 25-21.5-9-8; (10)IN0092.1.2. -->
SECTION 2. IC 25-21.5-9-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 8. (a) Before a land surveyor may enter upon, over,
or under any land or water under section 7 of this chapter, the land
surveyor must notify the occupant of the land or water of the entry
in writing by first class United States mail not later than five (5)
days before the date of entry.
(b) A land surveyor shall present written identification to the
occupant of the land or water to be entered under section 7 of this
chapter before entering the land or water.
(c) At the same time and in the same manner as the occupant of
any land or water is notified of an impending entry under
subsection (a), the land surveyor who will make the entry shall
notify the occupant and the record owner of the land or property
of the following:
(1) With respect to any damage that may occur to the land or
property as a result of entry upon, over, or under the land or
property under section 7 of this chapter:
(A) a description of the aggrieved party's right to
compensation for the damage from the land surveyor; and
(B) the procedure that the aggrieved party must follow to
obtain the compensation.
(2) The name, mailing address, and telephone number of an
individual to whom an aggrieved party may direct questions
concerning the rights and procedures described in subdivision
(1).
SOURCE: IC 25-21.5-9-9; (10)IN0092.1.3. -->
SECTION 3. IC 25-21.5-9-9 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Sec. 9. (a) If, during an entry under section 7 of this
chapter, damage occurs to the land or water as a result of the entry
or work performed during the entry, the land surveyor shall
compensate the aggrieved party.
(b) If the aggrieved party is not satisfied with the amount of
compensation under subsection (a) as determined by the land
surveyor, the damage shall be assessed by:
(1) the county agricultural extension educator of the county in
which the land or water is located; and
(2) two (2) disinterested residents of the county, of whom one
(1) shall be appointed by the aggrieved party and one (1) shall
be appointed by the land surveyor. A written report of the
assessment made under this subsection shall be mailed to the
aggrieved party and the land surveyor by first class United
States mail.
(c) If either the land surveyor or the aggrieved party is not
satisfied with the assessment made under subsection (b), either or
both may, not later than fifteen (15) days after receiving the report,
file a petition in the circuit or superior court of the county in which
the land or water is located seeking a judicial determination of the
amount of compensation owed by the land surveyor under
subsection (a).
(d) The land surveyor shall pay any compensation awarded to
an aggrieved party under this section:
(1) not more than sixty (60) days after the date on which the
parties agree to the amount of the compensation; or
(2) as ordered by the circuit or superior court.