Sec. 5. (a) If it is necessary to preserve the records of:

(1) the circuit court clerk‘s office;

Terms Used In Indiana Code 36-2-17-5

  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(2) the county auditor’s office;

(3) the county treasurer’s office;

(4) the county recorder’s office;

(5) the county sheriff‘s office;

(6) a court of record; or

(7) the county surveyor’s office;

from damage, the county executive shall order the officer in charge of the records to copy them in suitable books procured by the officer for that purpose. The executive shall specify in its order the particular records or parts of records to be copied.

     (b) If:

(1) parts of a county’s records have been destroyed;

(2) the remaining parts of the records have been copied to preserve them from damage; and

(3) the proper holder of the original documents on which the records were based presents those documents to the officer in charge of the records;

the officer in charge of the records shall use the original documents to complete the records, and, if the original index no longer exists, shall index the completed records.

     (c) If a map or plat in the office of the county auditor, county recorder, or county surveyor is so worn or defaced that it is not fit for use, the auditor, recorder, or surveyor shall make an accurate copy of the legible part of the map or plat. If a part of the map or plat is illegible, the auditor or recorder shall resort to the most accurate sources to complete the copy.

     (d) Copies of records made under this section have the same force as the original records. Certified transcripts of copies of records made under subsection (a) have the same force as transcripts of the original records.

     (e) Control of the county recorder’s records, including copying, storage, and retrieval is the responsibility of the county recorder.

     (f) Control of the county surveyor’s records, including copying, storage, and retrieval is the responsibility of the county surveyor.

[Pre-Local Government Recodification Citations: 5-15-4-1 part; 5-15-7-1; 5-15-7-2; 17-3-57-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.231-1989, SEC.13; P.L.276-2001, SEC.8; P.L.127-2017, SEC.103.