Bill Text: IN SB0092 | 2010 | Regular Session | Amended
Bill Title: Land surveyors.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-02 - First reading: referred to Committee on Local Government [SB0092 Detail]
Download: Indiana-2010-SB0092-Amended.html
Citations Affected: IC 25-21.5.
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.
January 5, 2010, read first time and referred to Committee on Local Government.
January 21, 2010, amended, reported favorably _ Do Pass.
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(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).
(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 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.