2016 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 4. GOVERNMENT OF CITIES AND TOWNS GENERALLY CHAPTER 3. MUNICIPAL ANNEXATION AND DISANNEXATION
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IC 36-4-3
Chapter 3. Municipal Annexation and Disannexation
IC 36-4-3-0.1
Application of certain amendments to chapter
Sec. 0.1. The following amendments to this chapter apply as
follows:
(1) The addition of sections 8.5 and 8.6 (before its repeal) of
this chapter by P.L.379-1987(ss) applies to taxable years that
begin after January 1, 1987.
(2) The amendments made to section 4 of this chapter by
P.L.379-1987(ss) apply to taxable years that begin after January
1, 1987.
As added by P.L.220-2011, SEC.649.
IC 36-4-3-1
Application of chapter
Sec. 1. This chapter applies to all municipalities except
consolidated cities. However, sections 3 and 21 of this chapter do not
apply to towns.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-1.4
Annexation prohibited while reorganization pending
Sec. 1.4. If a township is a participant in a proposed
reorganization under IC 36-1.5-4-1(a)(2), IC 36-1.5-4-1(a)(7), or
IC 36-1.5-4-1(a)(8), a municipality may not adopt an annexation
ordinance annexing territory within the township within the period
set forth in IC 36-1.5-4-45.
As added by P.L.202-2013, SEC.31.
IC 36-4-3-1.5
Contiguous territory; annexation of public highway
Sec. 1.5. (a) For purposes of this chapter, territory sought to be
annexed may be considered "contiguous" only if at least one-eighth
(1/8) of the aggregate external boundaries of the territory coincides
with the boundaries of the annexing municipality. In determining if
a territory is contiguous, a strip of land less than one hundred fifty
(150) feet wide that connects the annexing municipality to the
territory is not considered a part of the boundaries of either the
municipality or the territory.
(b) This subsection applies to an annexation for which an
annexation ordinance is adopted after June 30, 2015. A public
highway or the rights-of-way of a public highway are contiguous to:
(1) the municipality; or
(2) property in the unincorporated area adjacent to the public
highway or rights-of-way of a public highway;
if the public highway or the rights-of-way of a public highway are
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contiguous under subsection (a) and one (1) of the requirements in
subsection (c) is satisfied.
(c) A public highway or the rights-of-way of a public highway are
not contiguous unless one (1) of the following requirements is met:
(1) The municipality obtains the written consent of the owners
of all property:
(A) adjacent to the entire length of the part of the public
highway and rights-of-way of the public highway that is
being annexed; and
(B) not already within the corporate boundaries of the
municipality.
A waiver of the right of remonstrance executed by a property
owner or a successor in title of the property owner for sewer
services or water services does not constitute written consent
for purposes of this subdivision.
(2) All property adjacent to at least one (1) side of the entire
length of the part of the public highway or rights-of-way of the
public highway being annexed is already within the corporate
boundaries of the municipality.
(3) All property adjacent to at least one (1) side of the entire
length of the part of the public highway or rights-of-way of the
public highway being annexed is part of the same annexation
ordinance in which the public highway or rights-of-way of a
public highway are being annexed.
A municipality may not annex a public highway or the rights-of-way
of a public highway or annex territory adjacent to the public highway
or rights-of-way of a public highway unless the requirements of this
section are met.
As added by Acts 1981, P.L.308, SEC.1. Amended by P.L.228-2015,
SEC.3; P.L.206-2016, SEC.1.
IC 36-4-3-1.6
Territory covered by lake
Sec. 1.6. (a) For purposes of this chapter, the acreage of the
territory sought to be annexed that is covered by a public or private
lake shall not be considered when determining whether the territory
meets the population density or subdivision percentages required by
this chapter.
(b) This section does not affect the definition of "contiguous"
prescribed by section 1.5 of this chapter.
As added by P.L.348-1983, SEC.1.
IC 36-4-3-1.7
Outreach program
Sec. 1.7. (a) This section applies only to an annexation ordinance
adopted after June 30, 2015. This section does not apply to an
annexation under section 5.1 of this chapter.
(b) Not earlier than six (6) months before a municipality
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introduces an annexation ordinance, the municipality shall conduct
an outreach program to inform citizens regarding the proposed
annexation. For an annexation under section 3 or 4 of this chapter,
the outreach program must conduct at least six (6) public information
meetings regarding the proposed annexation. For an annexation
under section 5 of this chapter, the outreach program must conduct
at least three (3) public information meetings regarding the proposed
annexation. The public information meetings must provide citizens
with the following information:
(1) Maps showing the proposed boundaries of the annexation
territory.
(2) Proposed plans for extension of capital and noncapital
services in the annexation territory, including proposed dates of
extension.
(3) Expected fiscal impact on taxpayers in the annexation
territory, including any increase in taxes and fees.
(c) The municipality shall provide notice of the dates, times, and
locations of the outreach program meetings. The municipality shall
publish the notice of the meetings under IC 5-3-1, including the date,
time, and location of the meetings, except that notice must be
published not later than thirty (30) days before the date of each
meeting. The municipality shall also send notice to each owner of
land within the annexation territory not later than thirty (30) days
before the date of the first meeting of the outreach program. The
notice to landowners shall be sent by first class mail, certified mail
with return receipt requested, or any other means of delivery that
includes a return receipt and must include the following information:
(1) The notice must inform the landowner that the municipality
is proposing to annex territory that includes the landowner's
property.
(2) The municipality is conducting an outreach program for the
purpose of providing information to landowners and the public
regarding the proposed annexation.
(3) The date, time, and location of the meetings to be conducted
under the outreach program.
(d) The notice shall be sent to the address of the landowner as
listed on the tax duplicate. If the municipality provides evidence that
the notice was sent:
(1) by certified mail, with return receipt requested or any other
means of delivery that includes a return receipt; and
(2) in accordance with this section;
it is not necessary that the landowner accept receipt of the notice. If
a remonstrance is filed under section 11 of this chapter, the
municipality shall file with the court proof that notices were sent to
landowners under this section and proof of publication.
(e) The notice required under this section is in addition to any
notice required under sections 2.1 and 2.2 of this chapter.
As added by P.L.228-2015, SEC.4. Amended by P.L.206-2016,
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SEC.2.
IC 36-4-3-2
Territories inside corporate boundaries of another municipality
Sec. 2. Territory may be annexed by a municipality under section
3 or 4 of this chapter. However, a municipality may not annex
territory that is inside the corporate boundaries of another
municipality, although municipalities may merge under IC 36-4-2.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-2.1
Public hearing; notice
Sec. 2.1. (a) This section does not apply to an annexation under
section 5.1 of this chapter.
(b) A municipality may adopt an ordinance under this chapter
only after the legislative body has held a public hearing concerning
the proposed annexation. The municipality shall hold the public
hearing not earlier than sixty (60) days after the date the ordinance
is introduced. All interested parties must have the opportunity to
testify as to the proposed annexation. Except as provided in
subsection (d), notice of the hearing shall be:
(1) published in accordance with IC 5-3-1 except that the notice
shall be published at least sixty (60) days before the hearing;
and
(2) mailed as set forth in section 2.2 of this chapter, if section
2.2 of this chapter applies to the annexation.
(c) A municipality may adopt an ordinance under this chapter not
earlier than thirty (30) days or not later than sixty (60) days after the
legislative body has held the public hearing under subsection (b).
(d) This subsection applies to an annexation under section 3 or 4
of this chapter in which all property owners within the area to be
annexed provide written consent to the annexation. Notice of the
hearing shall be:
(1) published one (1) time at least twenty (20) days before the
hearing in accordance with IC 5-3-1; and
(2) mailed as set forth in section 2.2 of this chapter.
As added by P.L.231-1996, SEC.1. Amended by P.L.248-1999,
SEC.1; P.L.49-2000, SEC.1; P.L.224-2001, SEC.1.
IC 36-4-3-2.2
Hearing notice to landowners
Sec. 2.2. (a) This section does not apply to an annexation under
section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter or an annexation
described in section 5.1 of this chapter.
(b) Before a municipality may annex territory, the municipality
shall provide written notice of the hearing required under section 2.1
of this chapter. Except as provided in subsection (f), the notice must
be sent by:
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(1) certified mail, return receipt requested; or
(2) any other means of delivery that includes a return receipt;
at least sixty (60) days before the date of the hearing to each owner
of real property, as shown on the county auditor's current tax list,
whose real property is located within the territory proposed to be
annexed.
(c) For purposes of an annexation of territory described in section
2.5 of this chapter, if the hearing required under section 2.1 of this
chapter is conducted after June 30, 2010, the notice required by this
section must also be sent to each owner of real property, as shown on
the county auditor's current tax list, whose real property is adjacent
to contiguous areas of rights-of-way of the public highway that are
only included in the annexation of territory by operation of
IC 36-4-3-2.5 on the side of the public highway that is not part of the
annexed territory.
(d) The notice required by this section must include the following:
(1) A legal description of the real property proposed to be
annexed.
(2) The date, time, location, and subject of the hearing.
(3) A map showing the current municipal boundaries and the
proposed municipal boundaries.
(4) Current zoning classifications for the area proposed to be
annexed and any proposed zoning changes for the area proposed
to be annexed.
(5) A detailed summary of the fiscal plan, described in section
13 of this chapter, if applicable.
(6) The location where the public may inspect and copy the
fiscal plan, if applicable.
(7) A statement that the municipality will provide a copy of the
fiscal plan, if applicable, after the fiscal plan is adopted
immediately to any landowner in the annexed territory who
requests a copy.
(8) The name and telephone number of a representative of the
municipality who may be contacted for further information.
(e) If the municipality complies with this section, the notice is not
invalidated if the owner does not receive the notice.
(f) This subsection applies to an annexation under section 3 or 4
of this chapter in which all property owners within the area to be
annexed provide written consent to the annexation. The written
notice described in this section must be sent by:
(1) certified mail, return receipt requested; or
(2) any other means of delivery that includes a return receipt;
not later than twenty (20) days before the date of the hearing to each
owner of real property, as shown on the county auditor's current tax
list, whose real property is located within the territory proposed to be
annexed.
As added by P.L.248-1999, SEC.2. Amended by P.L.217-1999,
SEC.2; P.L.49-2000, SEC.2; P.L.224-2001, SEC.2; P.L.69-2010,
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SEC.2; P.L.228-2015, SEC.5.
IC 36-4-3-2.5
"Public highway" defined
Sec. 2.5. (a) As used in this section, "public highway" has the
meaning set forth in IC 9-25-2-4.
(b) An annexation of territory under this chapter after June 30,
1996, that includes land contiguous to a public highway must also
include contiguous areas of:
(1) the public highway; and
(2) rights-of-way of the public highway.
As added by P.L.232-1996, SEC.1.
IC 36-4-3-3
Annexation of contiguous territory; authorization
Sec. 3. (a) The legislative body of a municipality may, by an
ordinance defining the corporate boundaries of the municipality,
annex territory that is contiguous to the municipality, subject to
subsection (b).
(b) If territory that was not contiguous (under section 1.5 of this
chapter) was annexed in proceedings begun before May 1, 1981, an
ordinance adopted after April 30, 1981, may not annex additional
territory that is contiguous when the contiguity is based on the
additional territory's boundaries with the previously annexed
territory.
(c) Subsection (b) does not apply when the previously annexed
territory has been used as a part of the contiguous boundary of
separate parcels of land successfully annexed to the municipality
before May 1, 1981.
(d) This subsection does not apply to a town that has abolished
town legislative body districts under IC 36-5-2-4.1. An ordinance
described by subsection (a) must assign the territory annexed by the
ordinance to at least one (1) municipal legislative body district.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.308, SEC.2; P.L.333-1985, SEC.2; P.L.5-1989, SEC.91;
P.L.3-1993, SEC.262.
IC 36-4-3-3.1
Written fiscal plan
Sec. 3.1. (a) This section does not apply to an annexation under
section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter.
(b) A municipality shall develop and adopt a written fiscal plan
and establish a definite policy by resolution of the legislative body
that meets the requirements set forth in section 13 of this chapter.
(c) Except as provided in subsection (d), the municipality shall
establish and adopt the written fiscal plan before mailing the
notification to landowners in the territory proposed to be annexed
under section 2.2 of this chapter.
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(d) In an annexation under section 5 or 5.1 of this chapter, the
municipality shall establish and adopt the written fiscal plan before
adopting the annexation ordinance.
As added by P.L.248-1999, SEC.3. Amended by P.L.217-1999,
SEC.3; P.L.224-2001, SEC.3.
IC 36-4-3-3.3
Application of section 8 of this chapter to certain annexation
ordinances
Sec. 3.3. (a) This section applies to a municipality that:
(1) adopts an annexation ordinance under section 3 or 4 of this
chapter:
(A) before July 1, 1999; and
(B) that becomes effective after July 1, 1999;
(2) approves the establishment of a fiscal plan under section 13
of this chapter before July 1, 1999; and
(3) is subject to section 8 of this chapter.
(b) Notwithstanding section 8 of this chapter, a municipality
described in this section is not required to amend its annexation
ordinance and its fiscal plan. However, a municipality described in
this section shall comply with section 8 of this chapter.
As added by P.L.220-2011, SEC.650.
IC 36-4-3-3.5
Annexation ordinance; contents
Sec. 3.5. (a) An annexation ordinance adopted under this chapter
must contain the following information:
(1) A description of the boundaries of the territory to be
annexed, including any public highway or right-of-way.
(2) The approximate number of acres in the territory to be
annexed.
(3) A description of any special terms and conditions adopted
under section 8 of this chapter.
(b) An ordinance adopted under section 3 or 4 of this chapter must
also contain a description of any property tax abatements adopted
under section 8.5 of this chapter.
As added by P.L.217-1999, SEC.4.
IC 36-4-3-4
Annexation of contiguous territory or noncontiguous territory
occupied by certain facilities or businesses
Sec. 4. (a) The legislative body of a municipality may, by
ordinance, annex any of the following:
(1) Territory that is contiguous to the municipality.
(2) Territory that is not contiguous to the municipality and is
occupied by a municipally owned or operated as either of the
following:
(A) An airport or landing field.
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(B) A wastewater treatment facility or water treatment
facility. After a municipality annexes territory under this
clause, the municipality may annex additional territory to
enlarge the territory for the use of the wastewater treatment
facility or water treatment facility only if the county
legislative body approves that use of the additional territory
by ordinance.
(3) Territory that is not contiguous to the municipality but is
found by the legislative body to be occupied by:
(A) a municipally owned or regulated sanitary landfill, golf
course, or hospital; or
(B) a police station of the municipality.
However, if territory annexed under subdivision (2) or (3) ceases to
be used for the purpose for which the territory was annexed for at
least one (1) year, the territory reverts to the jurisdiction of the unit
having jurisdiction before the annexation if the unit that had
jurisdiction over the territory still exists. If the unit no longer exists,
the territory reverts to the jurisdiction of the unit that would currently
have jurisdiction over the territory if the annexation had not
occurred. The clerk of the municipality shall notify the offices
required to receive notice of a disannexation under section 19 of this
chapter when the territory reverts to the jurisdiction of the unit
having jurisdiction before the annexation. Territory that is annexed
under subdivision (2) (including territory that is enlarged under
subdivision (2)(B) for the use of the wastewater treatment facility or
water treatment facility) or subdivision (3) may not be considered a
part of the municipality for purposes of annexing additional territory.
(b) This subsection applies to municipalities in a county having
any of the following populations:
(1) More than seventy thousand fifty (70,050) but less than
seventy-one thousand (71,000).
(2) More than seventy-five thousand (75,000) but less than
seventy-seven thousand (77,000).
(3) More than seventy-one thousand (71,000) but less than
seventy-five thousand (75,000).
(4) More than forty-seven thousand (47,000) but less than
forty-seven thousand five hundred (47,500).
(5) More than thirty-eight thousand five hundred (38,500) but
less than thirty-nine thousand (39,000).
(6) More than thirty-seven thousand (37,000) but less than
thirty-seven thousand one hundred twenty-five (37,125).
(7) More than thirty-three thousand three hundred (33,300) but
less than thirty-three thousand five hundred (33,500).
(8) More than twenty-three thousand three hundred (23,300) but
less than twenty-four thousand (24,000).
(9) More than one hundred eighty-five thousand (185,000) but
less than two hundred fifty thousand (250,000).
(10) More than two hundred fifty thousand (250,000) but less
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than two hundred seventy thousand (270,000).
(11) More than thirty-two thousand five hundred (32,500) but
less than thirty-three thousand (33,000).
(12) More than seventy-seven thousand (77,000) but less than
eighty thousand (80,000).
Except as provided in subsection (c), the legislative body of a
municipality to which this subsection applies may, by ordinance,
annex territory that is not contiguous to the municipality, has its
entire area not more than two (2) miles from the municipality's
boundary, is to be used for an industrial park containing one (1) or
more businesses, and is either owned by the municipality or by a
property owner who consents to the annexation. However, if territory
annexed under this subsection is not used as an industrial park within
five (5) years after the date of passage of the annexation ordinance,
or if the territory ceases to be used as an industrial park for at least
one (1) year, the territory reverts to the jurisdiction of the unit having
jurisdiction before the annexation if the unit that had jurisdiction
over the territory still exists. If the unit no longer exists, the territory
reverts to the jurisdiction of the unit that would currently have
jurisdiction over the territory if the annexation had not occurred. The
clerk of the municipality shall notify the offices entitled to receive
notice of a disannexation under section 19 of this chapter when the
territory reverts to the jurisdiction of the unit having jurisdiction
before the annexation.
(c) A city in a county with a population of more than two hundred
fifty thousand (250,000) but less than two hundred seventy thousand
(270,000) may not annex territory as prescribed in subsection (b)
until the territory is zoned by the county for industrial purposes.
(d) Notwithstanding any other law, territory that is annexed under
subsection (b) or (h) is not considered a part of the municipality for
the purposes of:
(1) annexing additional territory:
(A) in a county that is not described by clause (B); or
(B) in a county having a population of more than two
hundred fifty thousand (250,000) but less than two hundred
seventy thousand (270,000), unless the boundaries of the
noncontiguous territory become contiguous to the city, as
allowed by Indiana law;
(2) expanding the municipality's extraterritorial jurisdictional
area; or
(3) changing an assigned service area under IC 8-1-2.3-6(1).
(e) As used in this section, "airport" and "landing field" have the
meanings prescribed by IC 8-22-1.
(f) As used in this section, "hospital" has the meaning prescribed
by IC 16-18-2-179(b).
(g) An ordinance adopted under this section must assign the
territory annexed by the ordinance to at least one (1) municipal
legislative body district.
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(h) This subsection applies to a city having a population of more
than twenty-nine thousand nine hundred (29,900) but less than
thirty-one thousand (31,000). The city legislative body may, by
ordinance, annex territory that:
(1) is not contiguous to the city;
(2) has its entire area not more than eight (8) miles from the
city's boundary;
(3) does not extend more than:
(A) one and one-half (1 1/2) miles to the west;
(B) three-fourths (3/4) mile to the east;
(C) one-half (1/2) mile to the north; or
(D) one-half (1/2) mile to the south;
of an interchange of an interstate highway (as designated by the
federal highway authorities) and a state highway (as designated
by the state highway authorities); and
(4) is owned by the city or by a property owner that consents to
the annexation.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.91-1985,
SEC.2; P.L.379-1987(ss), SEC.12; P.L.5-1989, SEC.92;
P.L.12-1992, SEC.156; P.L.62-1992, SEC.2; P.L.2-1993, SEC.202;
P.L.257-1993, SEC.1; P.L.1-1994, SEC.174; P.L.166-1994, SEC.1;
P.L.79-1996, SEC.2; P.L.255-1997(ss), SEC.9; P.L.2-1998, SEC.83;
P.L.170-2002, SEC.141; P.L.111-2005, SEC.3; P.L.182-2009(ss),
SEC.402; P.L.119-2012, SEC.185; P.L.207-2014, SEC.1;
P.L.183-2016, SEC.8; P.L.206-2016, SEC.3.
IC 36-4-3-4.1
Property tax exemption for agricultural property
Sec. 4.1. (a) A municipality may annex territory under this section
or (after June 30, 2015) this chapter only if the territory is contiguous
to the municipality.
(b) This subsection applies only to an annexation ordinance
adopted before July 1, 2015. Territory annexed under this section is
exempt from all property tax liability under IC 6-1.1 for municipal
purposes for all portions of the annexed territory that are classified
for zoning purposes as agricultural and remain exempt from the
property tax liability while the property's zoning classification
remains agricultural.
(c) This subsection applies only to an annexation ordinance
adopted after June 30, 2015. Real property annexed under this
chapter:
(1) is exempt; and
(2) remains exempt;
from all property tax liability under IC 6-1.1 for municipal purposes
while the property is assessed as agricultural land under the real
property assessment rules and guidelines of the department of local
government finance.
(d) There may not be a change in the zoning classification of
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territory annexed under this section without the consent of the owner
of the annexed territory.
(e) Territory annexed under this section or (after June 30, 2015)
this chapter may not be considered a part of the municipality for
purposes of annexing additional territory under section 3 or 4 of this
chapter. However, territory annexed under this section or (after June
30, 2015) this chapter shall be considered a part of the municipality
for purposes of annexing additional territory under section 5 or 5.1
of this chapter.
As added by P.L.166-1994, SEC.2. Amended by P.L.79-1996, SEC.3;
P.L.71-1997, SEC.3; P.L.224-1997, SEC.1; P.L.253-1997(ss),
SEC.31; P.L.224-2001, SEC.4; P.L.170-2002, SEC.142;
P.L.111-2005, SEC.4; P.L.71-2006, SEC.1; P.L.119-2012, SEC.186;
P.L.243-2013, SEC.1; P.L.228-2015, SEC.6.
IC 36-4-3-4.2 Version a
County infrastructure reimbursement
Note: This version of section effective until 1-1-2017. See also
following version of this section, effective 1-1-2017.
Sec. 4.2. (a) As used in this section, "infrastructure" means the
capital improvements that comprise:
(1) a sanitary sewer system or wastewater treatment facility;
(2) a building and appurtenances;
(3) a park or recreational facility;
(4) a road, street, highway, or bridge; or
(5) a water treatment, water storage, or water distribution
facility.
(b) This section applies:
(1) only to an annexation for which an annexation ordinance is
adopted after June 30, 2015; and
(2) if there is debt, evidenced by bonds, leases, or other
obligations, that is outstanding on infrastructure on the date that
the annexation becomes effective.
(c) This subsection applies if:
(1) the municipality takes ownership of infrastructure located
within the annexation territory, or part of an item of
infrastructure, owned by the county; and
(2) the outstanding debt is payable from property taxes or from
revenue bonds or obligations.
The annexing municipality is liable to the county for reimbursements
only if the municipality assumes ownership or partial ownership of
the infrastructure. If the municipality assumes ownership or partial
ownership of the infrastructure, the municipality shall reimburse the
county for the appropriate share of the remaining debt that is payable
by the county from property taxes or revenues. The county and the
annexing municipality shall enter into an interlocal agreement under
IC 36-1-7 regarding the allocation of the debt and reimbursement
terms.
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(d) This subsection applies if a local income tax under IC 6-3.5
has been pledged by the county to pay outstanding debt on
infrastructure located within the county. To offset the change in local
income tax distributions that will occur after the annexation, the
annexing municipality is liable to the county for reimbursements in
the amount that represents part of the outstanding debt on the
infrastructure until the debt is fully paid. The amount that the
municipality is required to reimburse the county is the percent of the
total county income tax distribution that is indebted, multiplied by
the amount of local income tax revenue for the distribution year that
is shifted from the county to the municipality as a result of the
annexation.
(e) Reimbursements received by a county under this section shall
be deposited in the appropriate debt service fund.
As added by P.L.228-2015, SEC.7.
IC 36-4-3-4.2 Version b
County infrastructure reimbursement
Note: This version of section effective 1-1-2017. See also
preceding version of this section, effective until 1-1-2017.
Sec. 4.2. (a) As used in this section, "infrastructure" means the
capital improvements that comprise:
(1) a sanitary sewer system or wastewater treatment facility;
(2) a building and appurtenances;
(3) a park or recreational facility;
(4) a road, street, highway, or bridge; or
(5) a water treatment, water storage, or water distribution
facility.
(b) This section applies:
(1) only to an annexation for which an annexation ordinance is
adopted after June 30, 2015; and
(2) if there is debt, evidenced by bonds, leases, or other
obligations, that is outstanding on infrastructure on the date that
the annexation becomes effective.
(c) This subsection applies if:
(1) the municipality takes ownership of infrastructure located
within the annexation territory, or part of an item of
infrastructure, owned by the county; and
(2) the outstanding debt is payable from property taxes or from
revenue bonds or obligations.
The annexing municipality is liable to the county for reimbursements
only if the municipality assumes ownership or partial ownership of
the infrastructure. If the municipality assumes ownership or partial
ownership of the infrastructure, the municipality shall reimburse the
county for the appropriate share of the remaining debt that is payable
by the county from property taxes or revenues. The county and the
annexing municipality shall enter into an interlocal agreement under
IC 36-1-7 regarding the allocation of the debt and reimbursement
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terms.
(d) This subsection applies if the local income tax under IC 6-3.6
has been pledged by the county to pay outstanding debt on
infrastructure located within the county. To offset the change in local
income tax distributions that will occur after the annexation, the
annexing municipality is liable to the county for reimbursements in
the amount that represents part of the outstanding debt on the
infrastructure until the debt is fully paid. The amount that the
municipality is required to reimburse the county is the percent of the
total county income tax distribution that is indebted, multiplied by
the amount of local income tax revenue for the distribution year that
is shifted from the county to the municipality as a result of the
annexation.
(e) Reimbursements received by a county under this section shall
be deposited in the appropriate debt service fund.
As added by P.L.228-2015, SEC.7. Amended by P.L.197-2016,
SEC.122.
IC 36-4-3-4.3
Property owned by county redevelopment commission
Sec. 4.3. (a) This section applies only to real property that is
owned by a county redevelopment commission established under
IC 36-7.
(b) A municipality may not annex real property owned by a
county redevelopment commission without obtaining the consent of
the county executive.
As added by P.L.228-2015, SEC.8.
IC 36-4-3-4.5
Applicability of IC 36-4-3-4(g)
Sec. 4.5. Section 4(g) of this chapter does not apply to a town that
has abolished town legislative body districts under IC 36-5-2-4.1.
As added by P.L.3-1993, SEC.263. Amended by P.L.255-1997(ss),
SEC.10.
IC 36-4-3-5
Private lands; petition requesting ordinance to annex; filing;
proceedings
Sec. 5. (a) This subsection applies only to a petition requesting
annexation that is filed before July 1, 2015. If the owners of land
located outside of but contiguous to a municipality want to have
territory containing that land annexed to the municipality, they may
file with the legislative body of the municipality a petition:
(1) signed by at least:
(A) fifty-one percent (51%) of the owners of land in the
territory sought to be annexed; or
(B) the owners of seventy-five percent (75%) of the total
assessed value of the land for property tax purposes; and
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(2) requesting an ordinance annexing the area described in the
petition.
(b) This subsection applies only to a petition requesting
annexation that is filed after June 30, 2015. If the owners of land
located outside of but contiguous to a municipality want to have
territory containing that land annexed to the municipality, they may
file with the legislative body of the municipality a petition that meets
the following requirements:
(1) The petition is signed by at least one (1) of the following:
(A) Fifty-one percent (51%) of the owners of land in the
territory sought to be annexed. An owner of land may not:
(i) be counted in calculating the total number of owners of
land in the annexation territory; or
(ii) have the owner's signature counted;
with regard to any single property that the owner has an
interest in that was exempt from property taxes under
IC 6-1.1-10 or any other state law for the immediately
preceding year.
(B) The owners of seventy-five percent (75%) of the total
assessed value of the land for property tax purposes. Land
that was exempt from property taxes under IC 6-1.1-10 or
any other state law for the immediately preceding year may
not be included in calculating the total assessed valuation of
the land in the annexation territory. The court may not count
an owner's signature on a petition with regard to any single
property that the owner has an interest in that was exempt
from property taxes under IC 6-1.1-10 or any other state law
for the immediately preceding year.
(2) The petition requests an ordinance annexing the area
described in the petition.
(c) The petition circulated by the landowners must include on
each page where signatures are affixed a heading that is substantially
similar to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether
city or town) OF (insert name of city or town).".
(d) If the legislative body fails to pass the ordinance within one
hundred fifty (150) days after the date of filing of a petition under
subsection (a) or (b), the petitioners may file a duplicate copy of the
petition in the circuit or superior court of a county in which the
territory is located, and shall include a written statement of why the
annexation should take place. Notice of the proceedings, in the form
of a summons, shall be served on the municipality named in the
petition. The municipality is the defendant in the cause and shall
appear and answer.
(e) The court shall hear and determine the petition without a jury,
and shall order the proposed annexation to take place only if the
evidence introduced by the parties establishes that:
(1) essential municipal services and facilities are not available
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to the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to provide
municipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexed
is at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to the
municipality.
If the evidence does not establish all four (4) of the preceding
factors, the court shall deny the petition and dismiss the proceeding.
(f) This subsection does not apply to a town that has abolished
town legislative body districts under IC 36-5-2-4.1. An ordinance
adopted under this section must assign the territory annexed by the
ordinance to at least one (1) municipal legislative body district.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.308, SEC.3; P.L.5-1989, SEC.93; P.L.3-1993, SEC.264;
P.L.255-1997(ss), SEC.11; P.L.224-2001, SEC.5; P.L.173-2003,
SEC.22; P.L.228-2015, SEC.9; P.L.149-2016, SEC.96.
IC 36-4-3-5.1
Petitions signed by 100% of landowners
Sec. 5.1. (a) Owners of land located outside but contiguous to a
municipality may file a petition with the legislative body of the
municipality:
(1) requesting an ordinance annexing the area described in the
petition; and
(2) signed by:
(A) one hundred percent (100%) of the landowners that
reside within the territory that is proposed to be annexed, in
the case of a petition filed before July 1, 2015; and
(B) in the case of a petition filed after June 30, 2015, one
hundred percent (100%) of the owners of land within the
territory that is proposed to be annexed.
(b) Sections 2.1 and 2.2 of this chapter do not apply to an
annexation under this section.
(c) The petition circulated by the landowners must include on
each page where signatures are affixed a heading that is substantially
similar to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether
city or town) OF (insert name of city or town).".
(d) The municipality may:
(1) adopt an annexation ordinance annexing the territory; and
(2) adopt a fiscal plan and establish a definite policy by
resolution of the legislative body;
after the legislative body has held a public hearing on the proposed
annexation.
(e) The municipality may introduce and hold the public hearing
on the annexation ordinance not later than thirty (30) days after the
petition is filed with the legislative body. Notice of the public
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hearing may be published one (1) time in accordance with IC 5-3-1
at least twenty (20) days before the hearing. All interested parties
must have the opportunity to testify at the hearing as to the proposed
annexation.
(f) The municipality may adopt the annexation ordinance not
earlier than fourteen (14) days after the public hearing under
subsection (e).
(g) A landowner may withdraw the landowner's signature from the
petition not more than thirteen (13) days after the municipality
adopts the fiscal plan by providing written notice to the office of the
clerk of the municipality. If a landowner withdraws the landowner's
signature, the petition shall automatically be considered a voluntary
petition that is filed with the legislative body under section 5 of this
chapter, fourteen (14) days after the date the fiscal plan is adopted.
All provisions applicable to a petition initiated under section 5 of this
chapter apply to the petition.
(h) If the municipality does not adopt an annexation ordinance
within sixty (60) days after the landowners file the petition with the
legislative body, the landowners may file a duplicate petition with
the circuit or superior court of a county in which the territory is
located. The court shall determine whether the annexation shall take
place as set forth in section 5 of this chapter.
(i) A remonstrance under section 11 of this chapter may not be
filed. However, an appeal under section 15.5 of this chapter may be
filed.
(j) In the absence of an appeal under section 15.5 of this chapter,
an annexation ordinance adopted under this section takes effect not
less than thirty (30) days after the adoption of the ordinance and
upon the filing and recording of the ordinance under section 22 of
this chapter.
As added by P.L.224-2001, SEC.6. Amended by P.L.228-2015,
SEC.10.
IC 36-4-3-6
Effect of certified copy of ordinance
Sec. 6. (a) A certified copy of an ordinance adopted under section
3 of this chapter is conclusive evidence of the corporate boundaries
of the municipality in any proceeding.
(b) A certified copy of an ordinance adopted under section 4 of
this chapter is conclusive evidence in any proceeding that the
territory described in the ordinance was properly annexed and is a
part of the municipality.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-7
Publication of adopted ordinance; effectiveness; fire protection
districts
Sec. 7. (a) After an ordinance is adopted under section 3, 4, 5, or
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5.1 of this chapter, it must be published in the manner prescribed by
IC 5-3-1. Except as provided in subsection (b), (c), or (f), in the
absence of remonstrance and appeal under section 11 or 15.5 of this
chapter, the ordinance takes effect at least ninety (90) days after its
publication and upon the filing required by section 22(a) of this
chapter.
(b) An ordinance described in subsection (d) or adopted under
section 3, 4, 5, or 5.1 of this chapter may not take effect during the
year preceding a year in which a federal decennial census is
conducted. An ordinance that would otherwise take effect during the
year preceding a year in which a federal decennial census is
conducted takes effect January 1 of the year in which a federal
decennial census is conducted.
(c) Subsections (d) and (e) apply to fire protection districts that
are established after June 14, 1987.
(d) Except as provided in subsection (b), whenever a municipality
annexes territory, all or part of which lies within a fire protection
district (IC 36-8-11), the annexation ordinance (in the absence of
remonstrance and appeal under section 11 or 15.5 of this chapter)
takes effect the second January 1 that follows the date the ordinance
is adopted and upon the filing required by section 22(a) of this
chapter. The municipality shall:
(1) provide fire protection to that territory beginning the date
the ordinance is effective; and
(2) send written notice to the fire protection district of the date
the municipality will begin to provide fire protection to the
annexed territory within ten (10) days of the date the ordinance
is adopted.
(e) If the fire protection district from which a municipality
annexes territory under subsection (d) is indebted or has outstanding
unpaid bonds or other obligations at the time the annexation is
effective, the municipality is liable for and shall pay that
indebtedness in the same ratio as the assessed valuation of the
property in the annexed territory (that is part of the fire protection
district) bears to the assessed valuation of all property in the fire
protection district, as shown by the most recent assessment for
taxation before the annexation, unless the assessed property within
the municipality is already liable for the indebtedness. The annexing
municipality shall pay its indebtedness under this section to the board
of fire trustees. If the indebtedness consists of outstanding unpaid
bonds or notes of the fire protection district, the payments to the
board of fire trustees shall be made as the principal or interest on the
bonds or notes becomes due.
(f) This subsection applies to an annexation initiated by property
owners under section 5.1 of this chapter in which all property owners
within the area to be annexed petition the municipality to be
annexed. Subject to subsections (b) and (d), and in the absence of an
appeal under section 15.5 of this chapter, an annexation ordinance
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takes effect at least thirty (30) days after its publication and upon the
filing required by section 22(a) of this chapter.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.308, SEC.4; Acts 1982, P.L.33, SEC.21; P.L.341-1987, SEC.1;
P.L.5-1989, SEC.94; P.L.224-2001, SEC.7; P.L.113-2010, SEC.116.
IC 36-4-3-7.1
Trial court hearing on annexation
Sec. 7.1. Notwithstanding section 7(b) of this chapter, an
ordinance adopted under section 4 of this chapter takes effect
immediately upon the expiration of the remonstrance and appeal
period under section 11, 11.1, or 15.5 of this chapter and after the
publication, filing, and recording required by section 22(a) of this
chapter if all of the following conditions are met:
(1) The annexed territory has no population.
(2) Ninety percent (90%) of the total assessed value of the land
for property tax purposes has one (1) owner.
(3) The annexation is required to fulfill an economic
development incentive package and to retain an industry
through various local incentives, including urban enterprise
zone benefits.
As added by P.L.120-1999, SEC.6. Amended by P.L.228-2015,
SEC.11.
IC 36-4-3-8
Terms and conditions in adopted ordinance
Sec. 8. (a) This section does not apply to an ordinance adopted
under section 5 or 5.1 of this chapter.
(b) An ordinance adopted under section 3 or 4 of this chapter must
include terms and conditions fairly calculated to make the annexation
equitable to the property owners and residents of the municipality
and the annexed territory. The terms and conditions may include:
(1) postponing the effective date of the annexation for not more
than three (3) years; and
(2) establishing equitable provisions for the future management
and improvement of the annexed territory and for the rendering
of needed services.
(c) This subsection applies to territory sought to be annexed that
meets all of the following requirements:
(1) The resident population density of the territory is at least
three (3) persons per acre.
(2) The territory is subdivided or is parceled through separate
ownerships into lots or parcels such that at least sixty percent
(60%) of the total number of lots and parcels are not more than
one (1) acre.
This subsection does not apply to an ordinance annexing territory
described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The
ordinance must include terms and conditions impounding in a special
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fund all of the municipal property taxes imposed on the annexed
territory after the annexation takes effect that are not used to meet
the basic services described in section 13(d)(4) and 13(d)(5) of this
chapter for a period of at least three (3) years. The impounded
property taxes must be used to provide additional services that were
not specified in the plan of annexation. The impounded property
taxes in the fund shall be expended as set forth in this section, not
later than five (5) years after the annexation becomes effective.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.248-1999,
SEC.4; P.L.217-1999, SEC.5; P.L.224-2001, SEC.8.
IC 36-4-3-8.1
Advisory board
Sec. 8.1. (a) An advisory board shall be appointed to advise the
municipality on the provision of services to the annexed territory that
are paid for with the municipal property taxes impounded in a special
fund under section 8 of this chapter.
(b) An advisory board shall be appointed not later than ninety (90)
days after an annexation becomes effective by the filing prescribed
under section 22 of this chapter.
(c) An advisory board consists of the following seven (7)
members:
(1) The township trustee of the township with the largest
number of residents living within the annexed territory.
(2) One (1) member of the county fiscal body representing the
district with the largest number of residents living within the
annexed territory.
(3) One (1) member who is:
(A) the municipal engineer if the annexing municipality has
a municipal engineer; or
(B) a licensed professional engineer appointed by the
municipal executive if the municipality does not have a
municipal engineer.
(4) Two (2) citizen members appointed by the municipal
executive who:
(A) own real property within; and
(B) reside within;
the annexed territory.
(5) Two (2) citizen members appointed by the county executive
who:
(A) own real property within; and
(B) reside within;
the annexed territory.
(d) Four (4) members of the board constitute a quorum. An
affirmative vote of four (4) members is required for the board to take
action.
(e) A member of the board may not receive a salary. A member
may receive reimbursement for necessary expenses, but only when
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those necessary expenses are incurred in the performance of the
member's respective duties.
(f) A vacancy on the board shall be filled by the appointing
authority.
(g) The board shall serve for not longer than the date all municipal
property taxes impounded in the fund are expended.
As added by P.L.248-1999, SEC.5.
IC 36-4-3-8.5
Tax abatement in annexed territory; ordinance; required
provisions
Sec. 8.5. (a) A municipality may, in an ordinance adopted under
section 3 or 4 of this chapter, abate a portion of the property tax
liability under IC 6-1.1 for municipal purposes for all property
owners in the annexed territory.
(b) An ordinance adopted under subsection (a) must provide the
following:
(1) A tax abatement program that is in effect for not more than
three (3) taxable years after an annexation occurs.
(2) Except single family residential property described by
subdivision (3), a tax abatement for all classes of property that
does not exceed:
(A) seventy-five percent (75%) of a taxpayer's liability in the
first year of the abatement program;
(B) fifty percent (50%) of a taxpayer's liability in the second
year of the abatement program; and
(C) twenty-five percent (25%) of a taxpayer's liability in the
third year of the abatement program.
(3) For a county having a population of more than two hundred
fifty thousand (250,000) but less than two hundred seventy
thousand (270,000), a tax abatement for single family
residential property that does not exceed:
(A) ninety percent (90%) of a taxpayer's liability in the first
year of the abatement program;
(B) eighty percent (80%) of a taxpayer's liability in the
second year of the abatement program;
(C) sixty percent (60%) of a taxpayer's liability in the third
year of the abatement program;
(D) forty percent (40%) of a taxpayer's liability in the fourth
year of the abatement program; and
(E) twenty percent (20%) of a taxpayer's liability in the fifth
year of the abatement program.
(4) The procedure by which an eligible property owner receives
a tax abatement under this section.
As added by P.L.379-1987(ss), SEC.13. Amended by P.L.56-1988,
SEC.12; P.L.12-1992, SEC.157; P.L.231-1996, SEC.2;
P.L.255-1997(ss), SEC.12; P.L.119-2012, SEC.187.
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IC 36-4-3-8.6
Repealed
(Repealed by P.L.3-1989, SEC.228.)
IC 36-4-3-9
Town annexing within proximity of city
Sec. 9. (a) A town must obtain the consent of both the
metropolitan development commission and the legislative body of a
county having a consolidated city before annexing territory within
the county where a consolidated city is located.
(b) A town may not annex within an area that extends one (1) mile
outside the corporate boundaries of a second or third class city. A
town may annex within the area that extends:
(1) more than one (1) mile; and
(2) not more than three (3) miles;
outside the corporate boundaries of a second or third class city, if the
annexation by the town does not include territory that extends more
than one (1) mile outside the corporate boundaries of the town.
(c) Subsection (b) does not apply to:
(1) a town that proposes to annex territory located in a different
county than the city; or
(2) an annexation by a town that is:
(A) an annexation under section 5 or 5.1 of this chapter; or
(B) consented to by at least fifty-one percent (51%) of the
owners of land in the territory the town proposes to annex.
(d) In determining the total number of landowners of the annexed
territory and whether signers of a consent under subsection (c)(2)(B)
are landowners, the names appearing on the tax duplicate for that
territory constitute prima facie evidence of ownership. Only one (1)
person having an interest in each single property, as evidenced by the
tax duplicate, is considered a landowner for purposes of this section.
(e) Each municipality that is known as an included town under
IC 36-3-1-7 is also considered a town for purposes of this section.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980,
P.L.213, SEC.5; P.L.257-1993, SEC.2; P.L.224-2001, SEC.9;
P.L.170-2002, SEC.143; P.L.111-2005, SEC.5; P.L.243-2013,
SEC.2.
IC 36-4-3-9.1
Annexation of territory within county; requirements
Sec. 9.1. A municipality may annex territory within a county only
if:
(1) part or all of that municipality was within the county on
January 1, 1982; or
(2) the consent of the executive of the county is first obtained.
As added by Acts 1982, P.L.210, SEC.2.
IC 36-4-3-10
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Liability of annexing municipality for indebtedness or other
obligations of township; payment
Sec. 10. (a) If the township from which a municipality annexes
territory is indebted or has outstanding unpaid bonds or other
obligations at the time of the annexation, the municipality is liable
for and shall pay that indebtedness in the same ratio as the assessed
valuation of the property in the annexed territory bears to the
assessed valuation of all property in the township, as shown by the
most recent assessment for taxation before the annexation, unless the
assessed property within the municipality is already liable for the
indebtedness.
(b) The annexing municipality shall pay its indebtedness under
this section to the township executive. If the indebtedness consists of
outstanding unpaid bonds or notes of the township, the payments to
the executive shall be made as the principal or interest on the bonds
or notes becomes due.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-11
Remonstrances; filing; determination of signatures; hearing
Sec. 11. (a) This subsection applies only to an annexation for
which an annexation ordinance was adopted before July 1, 2015.
Except as provided in section 5.1(i) of this chapter and subsections
(e) and (f), whenever territory is annexed by a municipality under
this chapter, the annexation may be appealed by filing with the
circuit or superior court of a county in which the annexed territory is
located a written remonstrance signed by:
(1) at least sixty-five percent (65%) of the owners of land in the
annexed territory; or
(2) the owners of more than seventy-five percent (75%) in
assessed valuation of the land in the annexed territory.
The remonstrance must be filed within ninety (90) days after the
publication of the annexation ordinance under section 7 of this
chapter, must be accompanied by a copy of that ordinance, and must
state the reason why the annexation should not take place.
(b) This subsection applies only to an annexation for which an
annexation ordinance was adopted before July 1, 2015. On receipt of
the remonstrance, the court shall determine whether the remonstrance
has the necessary signatures. In determining the total number of
landowners of the annexed territory and whether signers of the
remonstrance are landowners, the names appearing on the tax
duplicate for that territory constitute prima facie evidence of
ownership. Only one (1) person having an interest in each single
property, as evidenced by the tax duplicate, is considered a
landowner for purposes of this section.
(c) This subsection applies only to an annexation for which an
annexation ordinance was adopted before July 1, 2015. If the court
determines that the remonstrance is sufficient, the court shall fix a
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time, within sixty (60) days after the court's determination, for a
hearing on the remonstrance. Notice of the proceedings, in the form
of a summons, shall be served on the annexing municipality. The
municipality is the defendant in the cause and shall appear and
answer.
(d) This subsection applies only to an annexation for which an
annexation ordinance was adopted after June 30, 2015. If the
requirements of section 11.3(c) or (after December 31, 2016) section
11.4 of this chapter are met, the annexation may be appealed by
filing with the circuit or superior court of a county in which the
annexed territory is located:
(1) the signed remonstrances filed with the county auditor;
(2) the county auditor's certification under section 11.2(i) of this
chapter;
(3) the annexation ordinance; and
(4) a statement of the reason why the annexation should not
take place.
The remonstrance must be filed with the court not later than fifteen
(15) business days after the date the county auditor files the
certificate with the legislative body under section 11.2(i) of this
chapter. After a remonstrance petition is filed with the court, any
person who signed a remonstrance may file with the court a verified,
written revocation of the person's opposition to the annexation.
(e) If an annexation is initiated by property owners under section
5.1 of this chapter and all property owners within the area to be
annexed petition the municipality to be annexed, a remonstrance to
the annexation may not be filed under this section.
(f) This subsection applies only to an annexation for which an
annexation ordinance is adopted before July 1, 2015. This subsection
applies if:
(1) the territory to be annexed consists of not more than one
hundred (100) parcels; and
(2) eighty percent (80%) of the boundary of the territory
proposed to be annexed is contiguous to the municipality.
An annexation may be appealed by filing with the circuit or superior
court of a county in which the annexed territory is located a written
remonstrance signed by at least seventy-five percent (75%) of the
owners of land in the annexed territory as determined under
subsection (b).
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989,
SEC.95; P.L.248-1999, SEC.6; P.L.217-1999, SEC.6; P.L.224-2001,
SEC.10; P.L.173-2003, SEC.23; P.L.111-2005, SEC.6;
P.L.228-2015, SEC.12; P.L.206-2016, SEC.4.
IC 36-4-3-11.1
Filing of remonstrance with county auditor; notice; locations for
signing remonstrance
Sec. 11.1. (a) This section applies only to an annexation ordinance
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adopted after June 30, 2015.
(b) After a municipality adopts an annexation ordinance in
accordance with all applicable notice and hearing requirements under
this chapter, the annexation may not proceed unless the annexing
municipality completes the procedures set forth in this section.
(c) The proper officers of the municipality must give notice of the
applicability of the remonstrance process by providing notice by:
(1) publication in accordance with IC 5-3-1; and
(2) first class mail or certified mail with return receipt
requested, or any other means of delivery that includes a return
receipt;
to the circuit court clerk and to owners of real property described in
section 2.2 of this chapter. Notice under this section must be
published and mailed or delivered on the same date that notice of the
adoption of the annexation ordinance is published under section 7 of
this chapter.
(d) The notice of the applicability of the remonstrance process
under subsection (c) must state the following:
(1) Any owners of real property within the area proposed to be
annexed who want to remonstrate against the proposed
annexation must complete and file remonstrance petitions in
compliance with this chapter. The notice must state:
(A) that remonstrance petitions must be filed not later than
ninety (90) days after the date that notice of the adoption of
the annexation ordinance was published under section 7 of
this chapter; and
(B) the last date in accordance with clause (A) that
remonstrance petitions must be filed with the county auditor
to be valid.
(2) A remonstrance petition may be signed at the locations
provided by the municipality under subsection (e). The notice
must provide the following information regarding each location:
(A) The address of the location.
(B) The dates and hours during which a remonstrance
petition may be signed at the location.
(e) Beginning the day after publication of the notice under
subsection (c) and ending not later than ninety (90) days after
publication of the notice under subsection (c), the municipality shall
provide both of the following:
(1) At least one (1) location in the offices of the municipality
where a person may sign a remonstrance petition during regular
business hours.
(2) At least one (1) additional location that is available for at
least five (5) days, where a person may sign a remonstrance
petition. The location must meet the following requirements:
(A) The location must be in a public building:
(i) owned or leased by the state or a political subdivision,
including a public library, community center, or parks and
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recreation building; and
(ii) located within the boundaries of the municipality or
the annexation territory.
(B) The location must be open according to the following:
(i) On a day that the location is open on a weekday, the
location must be open at a minimum from 5 p.m. to 9 p.m.
(ii) On a day that the location is open on a Saturday or
Sunday, the location must be open at least four (4) hours
during the period from 9 a.m. to 5 p.m.
(f) An additional location may not be open on a day that is a legal
holiday. At any location and during the hours that a remonstrance
petition may be signed, the municipality shall have a person present:
(1) to witness the signing of remonstrance petitions; and
(2) who shall swear and affirm before a notary public that the
person witnessed each person sign the remonstrance petition.
As added by P.L.228-2015, SEC.13.
IC 36-4-3-11.2
Remonstrance signature requirements; remonstrance forms;
procedure
Sec. 11.2. (a) This section applies only to an annexation ordinance
adopted after June 30, 2015.
(b) A remonstrance petition may be filed by an owner of real
property that:
(1) is within the area to be annexed;
(2) was not exempt from property taxes under IC 6-1.1-10 or
any other state law for the immediately preceding year; and
(3) is not subject to a valid waiver of remonstrance.
(c) A remonstrance petition must comply with the following in
order to be effective:
(1) Each signature on a remonstrance petition must be dated,
and the date of the signature may not be earlier than the date on
which the remonstrance forms may be issued by the county
auditor under subsection (e)(7).
(2) Each person who signs a remonstrance petition must
indicate the address of the real property owned by the person in
the area to be annexed.
(3) A remonstrance petition must be verified in compliance with
subsection (e).
(d) The state board of accounts shall design the remonstrance
forms to be used solely in the remonstrance process described in this
section. The state board of accounts shall provide the forms to the
county auditor in an electronic format that permits the county auditor
to copy or reproduce the forms using:
(1) the county auditor's own equipment; or
(2) a commercial copying service.
The annexing municipality shall reimburse the county auditor for the
cost of reproducing the remonstrance forms.
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(e) The county auditor's office shall issue remonstrance forms
accompanied by instructions detailing all of the following
requirements:
(1) The closing date for the remonstrance period.
(2) Only one (1) person having an interest in each single
property as evidenced by the tax duplicate is considered an
owner of property and may sign a remonstrance petition. A
person is entitled to sign a petition only one (1) time in a
remonstrance process, regardless of whether the person owns
more than one (1) parcel of real property.
(3) An individual may not be:
(A) compensated for; or
(B) reimbursed for expenses incurred in;
circulating a remonstrance petition and obtaining signatures.
(4) The remonstrance petition may be executed in several
counterparts, the total of which constitutes the remonstrance
petition. An affidavit of the person circulating a counterpart
must be attached to the counterpart. The affidavit must state
that each signature appearing on the counterpart was affixed in
the person's presence and is the true and lawful signature of the
signer. The affidavit must be notarized.
(5) A remonstrance petition that is not executed in counterparts
must be verified by the person signing the petition in the
manner prescribed by the state board of accounts and notarized.
(6) A remonstrance petition may be delivered to the county
auditor's office in person or by:
(A) certified mail, return receipt requested; or
(B) any other means of delivery that includes a return
receipt.
The remonstrance petition must be postmarked not later than
the closing date for the remonstrance period.
(7) The county auditor's office may not issue a remonstrance
petition earlier than the day that notice is published under
section 11.1 of this chapter. The county auditor's office shall
certify the date of issuance on each remonstrance petition. Any
person may pick up additional copies of the remonstrance
petition to distribute to other persons.
(8) A person who signs a remonstrance petition may withdraw
the person's signature from a remonstrance petition before a
remonstrance petition is filed with the county auditor by filing
a verified request to remove the person's name from the
remonstrance petition. Names may not be added to a
remonstrance petition after the remonstrance petition is filed
with the county auditor.
(f) The county auditor shall prepare and update weekly a list of
the persons who have signed a remonstrance petition. The list must
include a statement that the list includes all persons who have signed
a remonstrance petition as of a particular date, and does not represent
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a list of persons certified by the county auditor as actual landowners
in the annexation territory using the auditor's current tax records
under subsection (i). The county auditor shall post the list in the
office of the county auditor. The list is a public record under
IC 5-14-3.
(g) Not later than five (5) business days after receiving the
remonstrance petition, the county auditor shall submit a copy of the
remonstrance petition to the legislative body of the annexing
municipality.
(h) Not later than fifteen (15) business days after the legislative
body of the annexing municipality receives a copy of the
remonstrance petition from the county auditor, the annexing
municipality shall provide documentation to the county auditor
regarding any valid waiver of the right of remonstrance that exists on
the property within the annexation territory.
(i) Not later than fifteen (15) business days after receiving the
documentation regarding any valid waiver of the right of
remonstrance from the annexing municipality under subsection (h),
if any, the county auditor's office shall make a final determination of
the number of owners of real property within the territory to be
annexed:
(1) who signed the remonstrance; and
(2) whose property is not subject to a valid waiver of the right
of remonstrance;
using the auditor's current tax records as provided in section 2.2 of
this chapter. The county auditor shall file a certificate with the
legislative body of the annexing municipality certifying the number
of property owners not later than five (5) business days after making
the determination.
As added by P.L.228-2015, SEC.14. Amended by P.L.206-2016,
SEC.5.
IC 36-4-3-11.3
Signatures required to stop an annexation; signatures required to
permit a trial court hearing on annexation
Sec. 11.3. (a) This section applies only to an annexation ordinance
adopted after June 30, 2015.
(b) An annexation ordinance is void if a written remonstrance
petition is signed by one (1) of the following:
(1) At least sixty-five percent (65%) of the owners of land in
the annexed territory. An owner of land may not:
(A) be counted in calculating the total number of owners of
land in the annexation territory; or
(B) have the owner's signature counted on a remonstrance;
with regard to any single property that an owner has an interest
in that was exempt from property taxes under IC 6-1.1-10 or
any other state law for the immediately preceding year.
(2) The owners of at least eighty percent (80%) in assessed
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valuation of the land in the annexed territory. Land that was
exempt from property taxes under IC 6-1.1-10 or any other state
law for the immediately preceding year may not be included in
calculating the total assessed valuation of the land in the
annexation territory. The court may not count the owner's
signature on a remonstrance with regard to any single property
that the owner has an interest in that was exempt from property
taxes under IC 6-1.1-10 or any other state law for the
immediately preceding year.
(c) The annexation may be appealed to the court under section 11
of this chapter, if a written remonstrance is signed by one (1) of the
following:
(1) At least fifty-one percent (51%) but less than sixty-five
percent (65%) of the owners of land. An owner of land may not:
(A) be counted in calculating the total number of owners of
land in the annexation territory; or
(B) have the owner's signature counted on a remonstrance;
with regard to any single property that the owner has an interest
in that was exempt from property taxes under IC 6-1.1-10 or
any other state law for the immediately preceding year.
(2) The owners of at least sixty percent (60%) but less than
eighty percent (80%) in assessed valuation of land in the
annexed territory. Land that was exempt from property taxes
under IC 6-1.1-10 or any other state law for the immediately
preceding year may not be included in calculating the total
assessed valuation of the land in the annexation territory. The
court may not count an owner's signature on a remonstrance
with regard to any single property that the owner has an interest
in that was exempt from property taxes under IC 6-1.1-10 or
any other state law for the immediately preceding year.
As added by P.L.228-2015, SEC.15.
IC 36-4-3-11.4
Signature requirements for annexation involving an economic
development project
Effective 7-1-2017.
Sec. 11.4. (a) This section applies only to an annexation that the
meets all of the following requirements:
(1) The annexation ordinance is adopted after December 31,
2016.
(2) Notwithstanding the contiguity requirements of section 1.5
of this chapter, at least one-tenth (1/10) of the aggregate
external boundaries of the territory sought to be annexed
coincides with the boundaries of:
(A) the municipality; and
(B) the site of an economic development project.
(b) As used in this section, "economic development project"
means any project developed by the municipality that meets all of the
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following requirements:
(1) The annexing municipality determines that the project will:
(A) promote significant opportunities for the gainful
employment of its citizens;
(B) attract a major new business enterprise to the
municipality; or
(C) retain or expand a significant business enterprise within
the municipality.
(2) The project involves expenditures by the annexing
municipality for any of the following:
(A) Land acquisition, interests in land, site improvements,
infrastructure improvements, buildings, or structures.
(B) Rehabilitation, renovation, and enlargement of buildings
and structures.
(C) Machinery, equipment, furnishings, or facilities.
(D) Substance removal or remedial action.
(c) Notwithstanding section 11.3(b) of this chapter, even if a
remonstrance has enough signatures to satisfy the requirements of
section 11.3(b) of this chapter, the annexation ordinance is not void
and may be appealed to the court under section 11 of this chapter, if
all of the following requirements are met:
(1) The economic development project site needs the following
capital services that the municipality is lawfully able to provide:
(A) water;
(B) sewer;
(C) gas; or
(D) any combination of the capital services described in
clauses (A) through (C).
(2) The municipality finds that it is in the municipality's best
interest to annex the annexation territory in order to extend,
construct, or operate the capital services that are provided to the
economic development project site.
(3) Before the date the annexation ordinance is adopted, a
taxpayer whose business will occupy the economic
development project site has done at least one (1) of the
following:
(A) Filed a statement of benefits under IC 6-1.1-12.1 with
the designating body for the annexing municipality for a
deduction or abatement.
(B) Entered into an agreement with the Indiana economic
development corporation for a credit under IC 6-3.1-13.
(d) If the economic development project:
(1) has not commenced within twelve (12) months after the date
the annexation ordinance is adopted; or
(2) is not completed within thirty-six (36) months after the date
the annexation ordinance is adopted;
the annexation territory is disannexed from the municipality and
reverts to the jurisdiction of the unit having jurisdiction before the
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annexation. For purposes of this subsection, a economic development
project is considered to have commenced on the day that the physical
erection, installation, alteration, repair, or remodeling of a building
or structure commences on the site of the economic development
project.
As added by P.L.228-2015, SEC.16.
IC 36-4-3-11.5
Waiver of remonstrance not required
Sec. 11.5. A landowner in an unincorporated area is not required
to grant a municipality a waiver against remonstrance as a condition
of connection to a sewer or water service if all of the following
conditions apply:
(1) The landowner is required to connect to the sewer or water
service because a person other than the landowner has polluted
or contaminated the area.
(2) A person other than the landowner or the municipality has
paid the cost of connection to the service.
As added by P.L.172-1995, SEC.4.
IC 36-4-3-11.6
Attorney's fees and costs for prevailing remonstrators
Sec. 11.6. (a) This section applies to a remonstrance filed after
June 30, 2015.
(b) If the court orders an annexation not to take place after a
hearing under section 11 of this chapter, the remonstrators shall be
reimbursed by the annexing municipality for any reasonable
attorney's fees, including litigation expenses and appeal costs:
(1) that are incurred:
(A) after the date the annexation ordinance is adopted; and
(B) in remonstrating against the annexation; and
(2) not to exceed thirty-seven thousand five hundred dollars
($37,500).
As added by P.L.228-2015, SEC.17.
IC 36-4-3-11.7
Remonstrance waivers; expiration; notice to property owner
Sec. 11.7. (a) Notwithstanding any other law, a waiver of the right
of remonstrance executed after June 30, 2015, expires not later than
fifteen (15) years after the date the waiver was executed.
(b) This subsection applies to any deed recorded after June 30,
2015. This subsection applies only to property that is subject to a
remonstrance waiver. A municipality shall, within a reasonable time
after the recording of a deed to property located within the
municipality, provide written notice to the property owner that a
waiver of the right of remonstrance exists with respect to the
property.
As added by P.L.228-2015, SEC.18.
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IC 36-4-3-12
Remonstrances; hearing; judgment; effective date of annexation
Sec. 12. (a) The circuit or superior court shall:
(1) on the date fixed under section 11 of this chapter, hear and
determine the remonstrance without a jury; and
(2) without delay, enter judgment on the question of the
annexation according to the evidence that either party may
introduce.
(b) If the court enters judgment in favor of the annexation, the
annexation may not take effect during the year preceding the year in
which a federal decennial census is conducted. An annexation that
would otherwise take effect during the year preceding a year in
which a federal decennial census is conducted takes effect January
1 of the year in which a federal decennial census is conducted.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989,
SEC.96; P.L.113-2010, SEC.117.
IC 36-4-3-13
Remonstrances; hearing; order; requirements
Sec. 13. (a) Except as provided in subsection (e), at the hearing
under section 12 of this chapter, the court shall order a proposed
annexation to take place if the following requirements are met:
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(3) The requirements of subsection (i).
(b) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality.
(2) One (1) of the following:
(A) The resident population density of the territory sought to
be annexed is at least three (3) persons per acre.
(B) Sixty percent (60%) of the territory is subdivided.
(C) The territory is zoned for commercial, business, or
industrial uses.
(c) The requirements of this subsection are met if the evidence
establishes one (1) of the following:
(1) That the territory sought to be annexed is:
(A) contiguous to the municipality as required by section 1.5
of this chapter, except that at least one-fourth (1/4), instead
of one-eighth (1/8), of the aggregate external boundaries of
the territory sought to be annexed must coincide with the
boundaries of the municipality; and
(B) needed and can be used by the municipality for its
development in the reasonably near future.
(2) This subdivision applies only to an annexation for which an
annexation ordinance is adopted after December 31, 2016. That
the territory sought to be annexed involves an economic
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development project and the requirements of section 11.4 of
this chapter are met.
(d) The requirements of this subsection are met if the evidence
establishes that the municipality has developed and adopted a written
fiscal plan and has established a definite policy, by resolution of the
legislative body as set forth in section 3.1 of this chapter. The fiscal
plan must show the following:
(1) The cost estimates of planned services to be furnished to the
territory to be annexed. The plan must present itemized
estimated costs for each municipal department or agency.
(2) The method or methods of financing the planned services.
The plan must explain how specific and detailed expenses will
be funded and must indicate the taxes, grants, and other funding
to be used.
(3) The plan for the organization and extension of services. The
plan must detail the specific services that will be provided and
the dates the services will begin.
(4) That planned services of a noncapital nature, including
police protection, fire protection, street and road maintenance,
and other noncapital services normally provided within the
corporate boundaries, will be provided to the annexed territory
within one (1) year after the effective date of annexation and
that they will be provided in a manner equivalent in standard
and scope to those noncapital services provided to areas within
the corporate boundaries regardless of similar topography,
patterns of land use, and population density.
(5) That services of a capital improvement nature, including
street construction, street lighting, sewer facilities, water
facilities, and stormwater drainage facilities, will be provided
to the annexed territory within three (3) years after the effective
date of the annexation in the same manner as those services are
provided to areas within the corporate boundaries, regardless of
similar topography, patterns of land use, and population density,
and in a manner consistent with federal, state, and local laws,
procedures, and planning criteria.
(6) This subdivision applies to a fiscal plan prepared after June
30, 2015. The estimated effect of the proposed annexation on
taxpayers in each of the political subdivisions to which the
proposed annexation applies, including the expected tax rates,
tax levies, expenditure levels, service levels, and annual debt
service payments in those political subdivisions for four (4)
years after the effective date of the annexation.
(7) This subdivision applies to a fiscal plan prepared after June
30, 2015. The estimated effect the proposed annexation will
have on municipal finances, specifically how municipal tax
revenues will be affected by the annexation for four (4) years
after the effective date of the annexation.
(8) This subdivision applies to a fiscal plan prepared after June
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30, 2015. Any estimated effects on political subdivisions in the
county that are not part of the annexation and on taxpayers
located in those political subdivisions for four (4) years after
the effective date of the annexation.
(9) This subdivision applies to a fiscal plan prepared after June
30, 2015. A list of all parcels of property in the annexation
territory and the following information regarding each parcel:
(A) The name of the owner of the parcel.
(B) The parcel identification number.
(C) The most recent assessed value of the parcel.
(D) The existence of a known waiver of the right to
remonstrate on the parcel. This clause applies only to a fiscal
plan prepared after June 30, 2016.
(e) At the hearing under section 12 of this chapter, the court shall
do the following:
(1) Consider evidence on the conditions listed in subdivision
(2).
(2) Order a proposed annexation not to take place if the court
finds that all of the following conditions that are applicable to
the annexation exist in the territory proposed to be annexed:
(A) This clause applies only to an annexation for which an
annexation ordinance was adopted before July 1, 2015. The
following services are adequately furnished by a provider
other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact
on the residents or owners of land. The court may not
consider:
(i) the personal finances; or
(ii) the business finances;
of a resident or owner of land. The personal and business
financial records of the residents or owners of land,
including state, federal, and local income tax returns, may
not be subject to a subpoena or discovery proceedings.
(C) The annexation is not in the best interests of the owners
of land in the territory proposed to be annexed as set forth in
subsection (f).
(D) This clause applies only to an annexation for which an
annexation ordinance is adopted before July 1, 2015. One (1)
of the following opposes the annexation:
(i) At least sixty-five percent (65%) of the owners of land
in the territory proposed to be annexed.
(ii) The owners of more than seventy-five percent (75%)
in assessed valuation of the land in the territory proposed
to be annexed.
Evidence of opposition may be expressed by any owner of
land in the territory proposed to be annexed.
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(E) This clause applies only to an annexation for which an
annexation ordinance is adopted after June 30, 2015. One (1)
of the following opposes the annexation:
(i) At least fifty-one percent (51%) of the owners of land
in the territory proposed to be annexed.
(ii) The owners of more than sixty percent (60%) in
assessed valuation of the land in the territory proposed to
be annexed.
The remonstrance petitions filed with the court under section
11 of this chapter are evidence of the number of owners of
land that oppose the annexation, minus any written
revocations of remonstrances that are filed with the court
under section 11 of this chapter.
(F) This clause applies only to an annexation for which an
annexation ordinance is adopted before July 1, 2015. This
clause applies only to an annexation in which eighty percent
(80%) of the boundary of the territory proposed to be
annexed is contiguous to the municipality and the territory
consists of not more than one hundred (100) parcels. At least
seventy-five percent (75%) of the owners of land in the
territory proposed to be annexed oppose the annexation as
determined under section 11(b) of this chapter.
(f) The municipality under subsection (e)(2)(C) bears the burden
of proving that the annexation is in the best interests of the owners
of land in the territory proposed to be annexed. In determining this
issue, the court may consider whether the municipality has extended
sewer or water services to the entire territory to be annexed:
(1) within the three (3) years preceding the date of the
introduction of the annexation ordinance; or
(2) under a contract in lieu of annexation entered into under
IC 36-4-3-21.
The court may not consider the provision of water services as a result
of an order by the Indiana utility regulatory commission to constitute
the provision of water services to the territory to be annexed.
(g) The most recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes
of subsection (b)(2)(A), but this evidence may be rebutted by other
evidence of population density.
(h) A municipality that prepares a fiscal plan after June 30, 2015,
must comply with this subsection. A municipality may not amend the
fiscal plan after the date that a remonstrance is filed with the court
under section 11 of this chapter, unless amendment of the fiscal plan
is consented to by at least sixty-five percent (65%) of the persons
who signed the remonstrance petition.
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(i) The municipality must submit proof that the municipality has
complied with:
(A) the outreach program requirements and notice requirements
of section 1.7 of this chapter; and
(B) the requirements of section 11.1 of this chapter.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.11, SEC.161; Acts 1981, P.L.308, SEC.5; Acts 1982, P.L.33,
SEC.22; P.L.56-1988, SEC.13; P.L.257-1993, SEC.3; P.L.4-1997,
SEC.13; P.L.255-1997(ss), SEC.13; P.L.248-1999, SEC.7;
P.L.217-1999, SEC.7; P.L.76-2001, SEC.2; P.L.170-2002, SEC.144;
P.L.173-2003, SEC.24; P.L.97-2004, SEC.126; P.L.111-2005,
SEC.7; P.L.119-2012, SEC.188; P.L.228-2015, SEC.19;
P.L.206-2016, SEC.6.
IC 36-4-3-14
Remonstrances; hearing; change of venue; status of annexation
pending
Sec. 14. In a hearing under section 12 of this chapter, the laws
providing for change of venue from the county do not apply, but
changes of venue from the judge may be had as in other cases. Costs
follow judgment. Pending the entry of a final unappealable judgment,
the territory sought to be annexed is not considered a part of the
municipality.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.228-2015,
SEC.20.
IC 36-4-3-15
Remonstrances; judgment; repeal of annexation; effective date of
annexation
Sec. 15. (a) The court's judgment under section 12 or 15.5 of this
chapter must specify the annexation ordinance on which the
remonstrance is based. The clerk of the court shall deliver a certified
copy of the final and unappealable judgment to the clerk of the
municipality. The clerk of the municipality shall:
(1) record the judgment in the clerk's ordinance record; and
(2) make a cross-reference to the record of the judgment on the
margin of the record of the annexation ordinance.
(b) If a final and unappealable judgment under section 12 or 15.5
of this chapter is adverse to annexation, the municipality may not
make further attempts to annex the territory or any part of the
territory during the four (4) years after the later of:
(1) the judgment of the circuit or superior court; or
(2) the date of the final disposition of all appeals to a higher
court;
unless the annexation is petitioned for under section 5 or 5.1 of this
chapter.
(c) This subsection applies if a municipality repeals the
annexation ordinance:
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(1) less than sixty-one (61) days after the publication of the
ordinance under section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance under
section 11(c) of this chapter.
A municipality may not make further attempts to annex the territory
or any part of the territory during the twelve (12) months after the
date the municipality repeals the annexation ordinance. This
subsection does not prohibit an annexation of the territory or part of
the territory that is petitioned for under section 5 or 5.1 of this
chapter.
(d) This subsection applies if a municipality repeals the
annexation ordinance:
(1) at least sixty-one (61) days but not more than one hundred
twenty (120) days after the publication of the ordinance under
section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance under
section 11(c) of this chapter.
A municipality may not make further attempts to annex the territory
or any part of the territory during the twenty-four (24) months after
the date the municipality repeals the annexation ordinance. This
subsection does not prohibit an annexation of the territory or part of
the territory that is petitioned for under section 5 or 5.1 of this
chapter.
(e) This subsection applies if a municipality repeals the
annexation ordinance:
(1) either:
(A) at least one hundred twenty-one (121) days after
publication of the ordinance under section 7(a) of this
chapter but before the hearing commences on the
remonstrance under section 11(c) of this chapter; or
(B) after the hearing commences on the remonstrance as set
forth in section 11(c) of this chapter; and
(2) before the date of the judgment of the circuit or superior
court as set forth in subsection (b).
A municipality may not make further attempts to annex the territory
or any part of the territory during the forty-two (42) months after the
date the municipality repeals the annexation ordinance. This
subsection does not prohibit an annexation of the territory or part of
the territory that is petitioned for under section 5 or 5.1 of this
chapter.
(f) An annexation is effective when the clerk of the municipality
complies with the filing requirement of section 22(a) of this chapter.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
P.L.308, SEC.6; P.L.56-1988, SEC.14; P.L.5-1989, SEC.97;
P.L.12-1992, SEC.158; P.L.231-1996, SEC.3; P.L.2-1997, SEC.82;
P.L.248-1999, SEC.8; P.L.224-2001, SEC.11; P.L.1-2002, SEC.157;
P.L.228-2015, SEC.21.
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IC 36-4-3-15.3
Prohibition against annexation; settlement agreement
Sec. 15.3. (a) As used in this section, "prohibition against
annexation" means that a municipality may not make further attempts
to annex certain territory or any part of that territory.
(b) As used in this section, "settlement agreement" means a
written court approved settlement of a dispute involving annexation
under this chapter between a municipality and remonstrators.
(c) Under a settlement agreement between the annexing
municipality and either:
(1) seventy-five percent (75%) or more of all landowners
participating in the remonstrance; or
(2) the owners of more than seventy-five percent (75%) in
assessed valuation of the land owned by all landowners
participating in the remonstrance;
the parties may mutually agree to a prohibition against annexation of
all or part of the territory by the municipality for a period not to
exceed twenty (20) years. The settlement agreement may address
issues and bind the parties to matters relating to the provision by a
municipality of planned services of a noncapital nature and services
of a capital improvement nature (as described in section 13(d) of this
chapter), in addition to a prohibition against annexation. The
settlement agreement is binding upon the successors, heirs, and
assigns of the parties to the agreement. However, the settlement
agreement may be amended or revised periodically on further
agreement between the annexing municipality and landowners who
meet the qualifications of subsection (c)(1) or (c)(2).
As added by P.L.300-1989, SEC.1.
IC 36-4-3-15.5
Appeals after final publication of annexation ordinance;
procedure; effective date
Sec. 15.5. (a) Except as provided in subsection (b):
(1) an owner of land within one-half (1/2) mile of territory
proposed to be annexed under this chapter; or
(2) a municipality located in the same county as the territory
proposed to be annexed;
may, not later than sixty (60) days after the publication of the
annexation ordinance, appeal that annexation to a circuit court or
superior court of a county in which the annexed territory is located.
The complaint must state that the reason the annexation should not
take place is that the territory sought to be annexed is not contiguous
to the annexing municipality.
(b) This subsection applies to an annexation initiated by property
owners under section 5.1 of this chapter in which all property owners
within the area to be annexed petition the municipality to be
annexed. Either of the following may appeal that annexation to a
circuit court or superior court of a county in which the annexed
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territory is located:
(1) An owner of land within one-half (1/2) mile of the territory
proposed to be annexed under this chapter.
(2) A municipality located in the same county as the territory
proposed to be annexed.
An appeal under this subsection must be filed not later than thirty
(30) days after the publication of the annexation ordinance. The
complaint must state that the reason the annexation should not take
place is that the territory sought to be annexed is not contiguous to
the annexing municipality.
(c) Upon the determination of the court that the complaint is
sufficient, the judge shall fix a time for a hearing to be held not later
than sixty (60) days after the determination. Notice of the
proceedings shall be served by summons upon the proper officers of
the annexing municipality. The municipality shall become a
defendant in the cause and be required to appear and answer. The
judge of the circuit or superior court shall, upon the date fixed,
proceed to hear and determine the appeal without a jury, and shall,
without delay, give judgment upon the question of the annexation
according to the evidence introduced by the parties. If the evidence
establishes that the territory sought to be annexed is contiguous to
the annexing municipality, the court shall deny the appeal and
dismiss the proceeding. If the evidence does not establish the
foregoing factor, the court shall issue an order to prevent the
proposed annexation from taking effect. The laws providing for
change of venue from the county do not apply, but changes of venue
from the judge may be had. Costs follow judgment. Pending the
appeal, and during the time within which the appeal may be taken,
the territory sought to be annexed is not a part of the annexing
municipality.
(d) If the court enters a judgment in favor of the municipality, the
annexation may not take effect during the year preceding a year in
which a federal decennial census is conducted. An annexation that
would otherwise take effect during the year preceding a year in
which a federal decennial census is conducted takes effect January
1 of the year in which a federal decennial census is conducted.
As added by Acts 1981, P.L.308, SEC.7. Amended by P.L.5-1989,
SEC.98; P.L.224-2001, SEC.12; P.L.113-2010, SEC.118;
P.L.207-2014, SEC.2.
IC 36-4-3-15.7
Appeal of annexation pending on January 1, 2014
Sec. 15.7. A municipality located in the same county as the
territory to be annexed may appeal an annexation under section
15.5(a)(2) or 15.5(b)(2) of this chapter if:
(1) the annexation was pending on January 1, 2014; and
(2) the municipality files the appeal not later than sixty (60)
days after publication of the annexation ordinance.
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As added by P.L.207-2014, SEC.3.
IC 36-4-3-16
Complaint alleging injury from failure to implement plan;
limitation period; relief; requirements; change of venue; costs
Sec. 16. (a) Within one (1) year after the expiration of:
(1) the one (1) year period for implementation of planned
services of a noncapital nature under section 13(d)(4) of this
chapter; or
(2) the three (3) year period for the implementation of planned
services of a capital improvement nature under section 13(d)(5)
of this chapter;
any person who pays taxes on property located within the annexed
territory may file a complaint alleging injury resulting from the
failure of the municipality to implement the plan. The complaint
must name the municipality as defendant and shall be filed with the
circuit or superior court of the county in which the annexed territory
is located.
(b) The court shall hear the case within sixty (60) days without a
jury. In order to be granted relief, the plaintiff must establish one (1)
of the following:
(1) That the municipality has without justification failed to
implement the plan required by section 13 of this chapter within
the specific time limit for implementation after annexation.
(2) That the municipality has not provided police protection,
fire protection, sanitary sewers, and water for human
consumption within the specific time limit for implementation,
unless one (1) of these services is being provided by a separate
taxing district or by a privately owned public utility.
(3) That the annexed territory is not receiving governmental and
proprietary services substantially equivalent in standard and
scope to the services provided by the municipality to other areas
of the municipality, regardless of topography, patterns of land
use, and population density similar to the annexed territory.
(c) The court may:
(1) grant an injunction prohibiting the collection of taxes levied
by the municipality on the plaintiff's property located in the
annexed territory;
(2) award damages to the plaintiff not to exceed one and
one-fourth (1 1/4) times the taxes collected by the municipality
for the plaintiff's property located in the annexed territory;
(3) order the annexed territory or any part of it to be disannexed
from the municipality;
(4) order the municipality to submit a revised fiscal plan for
providing the services to the annexed territory within time
limits set up by the court; or
(5) grant any other appropriate relief.
(d) A change of venue from the county is not permitted for an
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action brought under this section.
(e) If the court finds for the plaintiff, the defendant shall pay all
court costs and reasonable attorney's fees as approved by the court.
(f) The provisions of this chapter that apply to territory
disannexed by other procedures apply to territory disannexed under
this section.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.1-1991,
SEC.208; P.L.255-1997(ss), SEC.14; P.L.217-1999, SEC.8;
P.L.173-2003, SEC.25.
IC 36-4-3-17
Disannexation; petition; remonstrances; hearing; order
Sec. 17. (a) The owner or owners of:
(1) fifty-one percent (51%) or more in number of the lots in an
addition or subdivision to a municipality; or
(2) contiguous territory within the corporate boundaries of a
municipality, constituting not less than one (1) entire block, if
platted, and not less than one (1) acre, if not platted;
may file a petition for disannexation if any of the boundaries of the
addition, subdivision, or contiguous territory forms part of the
corporate boundary of the municipality. The petition must be filed
with the works board of the municipality and must include a plat of
the territory sought to be disannexed. Notice of the petition must be
given in the manner prescribed by IC 5-3-1.
(b) A remonstrance against the granting of the petition may be
filed by:
(1) the owner of a lot in the subdivision or addition; or
(2) the owner of territory adjoining the territory sought to be
disannexed.
(c) The works board shall conduct a hearing and make a just and
equitable order on the petition. In conducting the hearing, the works
board may:
(1) subpoena witnesses;
(2) punish contempt;
(3) adjourn the hearing from time to time;
(4) make orders concerning streets and alleys, including their
vacation; and
(5) award damages.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-18
Disannexation; appeal of order; bond; scope of order
Sec. 18. (a) An order under section 17 of this chapter may be
appealed to the circuit court, superior court, or probate court for the
county in which any part of the affected territory is located. If an
appeal is brought, the matters determined at the original hearing shall
be tried de novo, and the circuit court's, superior court's, or probate
court's order may be appealed in the same manner as other civil
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actions are tried and appealed. The municipality involved in the
disannexation may, by its attorney, appear and defend its interests in
the proceeding.
(b) The appellant or appellants in the circuit court, superior court,
or probate court shall give to the clerk of the municipality a bond:
(1) with a solvent, freehold surety who is a resident of the
county in which the territory is located;
(2) conditioned on the due prosecution of the appeal and the
payment of all costs accrued by or to accrue against the
appellant or appellants; and
(3) in a sum considered adequate by the clerk.
If the clerk approves the bond, the clerk shall immediately make a
transcript of all proceedings in the cause and certify it, together with
all papers in the cause, to the clerk of the court in which the appeal
is filed.
(c) On an appeal under this section, a court may make orders
concerning streets and alleys, including their vacation, and award
damages.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.84-2016,
SEC.171.
IC 36-4-3-19
Disannexation; certified transcript of proceedings; list of lots
affected; certified judgment; effective date of disannexation
Sec. 19. (a) If disannexation is ordered under this chapter by the
works board of a municipality and no appeal is taken, the clerk of the
municipality shall, without compensation and not later than ten (10)
days after the order is made, make and certify a complete transcript
of the disannexation proceedings to the auditor of each county in
which the disannexed lots or lands lie and to the office of the
secretary of state. The county auditor shall list those lots or lands
appropriately for taxation. The proceedings of the works board shall
not be certified to the county auditor or to the office of the secretary
of state if an appeal to the circuit court has been taken.
(b) In all proceedings begun in or appealed to the circuit court, if
vacation or disannexation is ordered, the clerk of the court shall
immediately after the judgment of the court, or after a decision on
appeal to the supreme court or court of appeals if the judgment on
appeal is not reversed, certify the judgment of the circuit court, as
affirmed or modified, to each of the following:
(1) The auditor of each county in which the lands or lots
affected lie, on receipt of one dollar ($1) for the making and
certifying of the transcript from the petitioners for the
disannexation.
(2) The office of the secretary of state.
(3) The circuit court clerk of each county in which the lands or
lots affected are located.
(4) The county election board of each county in which the lands
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or lots affected are located.
(5) If a board of registration exists, the board of each county in
which the lands or lots affected are located.
(6) The office of census data established by IC 2-5-1.1-12.2.
(c) The county auditor shall forward a list of lots or lands
disannexed under this section to the following:
(1) The county highway department of each county in which the
lands or lots affected are located.
(2) The county surveyor of each county in which the lands or
lots affected are located.
(3) Each plan commission, if any, that lost or gained
jurisdiction over the disannexed territory.
(4) The township trustee of each township that lost or gained
jurisdiction over the disannexed territory.
(5) The sheriff of each county in which the lands or lots
affected are located.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.2.
The county auditor may require the clerk of the municipality to
furnish an adequate number of copies of the list of disannexed lots
or lands or may charge the clerk a fee for photoreproduction of the
list.
(d) A disannexation described by this section takes effect upon the
clerk of the municipality filing the order with:
(1) the county auditor of each county in which the annexed
territory is located; and
(2) the circuit court clerk, or if a board of registration exists, the
board of each county in which the annexed territory is located.
(e) The clerk of the municipality shall notify the office of the
secretary of state and the office of census data established by
IC 2-5-1.1-12.2 of the date a disannexation is effective under this
chapter.
(f) A disannexation order under this chapter may not take effect
during the year preceding a year in which a federal decennial census
is conducted. A disannexation order that would otherwise take effect
during the year preceding a year in which a federal decennial census
is conducted takes effect January 1 of the year in which a federal
decennial census is conducted.
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.218-1986,
SEC.1; P.L.5-1989, SEC.99; P.L.7-1990, SEC.56; P.L.3-1997,
SEC.455; P.L.248-1999, SEC.9; P.L.217-1999, SEC.9;
P.L.212-2001, SEC.33; P.L.1-2002, SEC.158; P.L.113-2010,
SEC.119.
IC 36-4-3-20
Disannexation; limitation on subsequent proceedings
Sec. 20. After the termination of a disannexation proceeding
under this chapter, a subsequent disannexation proceeding affecting
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the same property and asking for the same relief may not be initiated
for a period of two (2) years.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-21
Contracts with owners or lessees of designated properties in lieu of
annexation
Sec. 21. (a) In lieu of annexing contiguous territory or in cases not
involving annexation, the executive and the proper administrative
agency of a municipality, with the consent of the municipal
legislative body, may enter into contracts with the owners or lessees
of designated property in the vicinity of the municipality, providing
for the payment or contribution of money to the municipality for
municipal or public purposes specified in the contract. The payments
under the contract may be:
(1) related to or in consideration of municipal services or
benefits received or to be received by the property owners or
lessees;
(2) in lieu of taxes that might be levied on annexation of the
designated property; or
(3) wholly unrelated to municipal services or benefits to or
potential tax impositions on the designated property.
(b) Any other political subdivision that has taxing power in
respect to the designated property or is entitled to share in the
property taxes assessed and collected by the municipality may:
(1) join in a contract under this section; or
(2) enter into a separate agreement with the municipality,
providing for the division and distribution of contract payments
made under this section and for the receipt of a share of those
payments by the municipal authority.
(c) A contract under this section may be entered into for the term
agreed to by the municipality and the property owners or lessees, but
that term may not exceed:
(1) fifteen (15) continuous years under one (1) contract if the
municipality is a consolidated or second class city; or
(2) four (4) continuous years under one (1) contract if the
municipality is not a consolidated or second class city.
(d) A contract under this section continues in effect for its full
term unless it is:
(1) induced by fraud of the property owners or lessees;
(2) grossly and corruptly improvident on the part of the
municipality; or
(3) terminated or reduced in duration by agreement of the
municipality and the property owners or lessees.
(e) A contract under this section may provide that during its
effective term, the designated property of the contracting owners or
lessees is not subject to annexation by the municipality.
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981,
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P.L.11, SEC.162.
IC 36-4-3-21.1
Expiration of municipal utility service contracts for properties
outside corporate boundaries; continuation of service; payment of
rates; arbitration
Sec. 21.1. (a) This section applies if:
(1) one (1) or more contracts were entered into under section
21(a)(1) of this chapter between:
(A) the executive and an administrative agency of a
municipality; and
(B) the owners or lessees of properties located outside the
corporate boundaries of the municipality;
concerning the provision of municipal utility services in the
area in which the properties referred to in clause (B) are
located;
(2) the contracts have expired;
(3) the area in which the properties referred to in subdivision
(1)(B) are located has not been annexed into the municipality;
and
(4) the parties have not agreed:
(A) to an extension of the contracts referred to in subdivision
(1); or
(B) to enter into new contracts under section 21(a)(1) of this
chapter.
(b) In a situation described in subsection (a):
(1) municipal utility services to the properties referred to in
subsection (a)(1)(B) may not be terminated, except for
nonpayment of the compensation due under subdivision (2); and
(2) as a condition of continuing to receive municipal utility
services, the owners or lessees of the properties referred to in
subsection (a)(1)(B) must continue to pay the rate charged for
the municipal utility services under the expired contracts,
including any payment or contribution of money to the
municipality provided for in the expired contracts under section
21(a) of this chapter;
for the period specified in subsection (c)(1) or until the occurrence
of one (1) of the events set forth in subsection (c)(2).
(c) The municipal utility services shall continue to be provided to
the properties referred to in subsection (a)(1)(B) under the terms set
forth in subsection (b):
(1) for a period of two (2) years from the date of expiration of
the contracts, if none of the events set forth in subdivision
(2)(A) through (2)(C) occurs within that period; or
(2) until one (1) of the following occurs:
(A) The executive and administrative agency of the
municipality and the owners or lessees of the properties
referred to in subsection (a)(1)(B) enter into a new contract
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under section 21(a)(1) of this chapter.
(B) The area in which the properties referred to in subsection
(a)(1)(B) are located is annexed into the municipality.
(C) Subject to subsection (e), arbitration of the matter is
initiated under subsection (d).
(d) At any time within the period referred to in subsection (c)(1):
(1) the executive and administrative agency of the municipality;
and
(2) the owners or lessees of the properties referred to in
subsection (a)(1)(B);
may initiate arbitration of the differences preventing the parties from
entering into a new contract under section 21(a)(1) of this chapter.
The arbitration shall be conducted under IC 34-57-1 by an arbitrator
mutually chosen by the parties, and the award made by the arbitrator
must establish reasonable and just terms of a new contract between
the parties under section 21(a)(1) of this chapter, considering all
relevant factors. If either party fails or refuses to enter into a new
contract under section 21(a)(1) of this chapter according to the terms
of the award, the other party may commence legal action to enforce
the award under IC 34-57-1-13.
(e) If arbitration is initiated under subsection (d) before the
expiration of the period referred to in subsection (c)(1), but the
arbitration is not concluded before the expiration of the period set
forth in subsection (c)(1), the municipal utility services shall
continue to be provided to the properties referred to in subsection
(a)(1)(B) under the terms set forth in subsection (b) until the
arbitrator makes the award and the parties enter into a new contract
under section 21(a)(1) of this chapter according to the terms of the
award.
As added by P.L.196-2014, SEC.4.
IC 36-4-3-22
Filing and recording annexation ordinances; copies; tax records
Sec. 22. (a) The clerk of the municipality shall file:
(1) each annexation ordinance against which:
(A) a remonstrance or an appeal has not been filed during
the period permitted under this chapter; or
(B) a remonstrance was filed without a sufficient number of
signatures to meet the requirements of section 11.3(c) of this
chapter, in the case of an annexation for which an
annexation ordinance was adopted after June 30, 2015; or
(2) the certified copy of a final and unappealable judgment
ordering an annexation to take place;
with the county auditor, circuit court clerk, and board of registration
(if a board of registration exists) of each county in which the annexed
territory is located, the office of the secretary of state, and the office
of census data established by IC 2-5-1.1-12.2. The clerk of the
municipality shall record each annexation ordinance adopted under
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this chapter in the office of the county recorder of each county in
which the annexed territory is located.
(b) The ordinance or judgment must be filed and recorded no later
than ninety (90) days after:
(1) the expiration of the period permitted for a remonstrance or
appeal;
(2) the delivery of a certified order under section 15 of this
chapter; or
(3) the date the county auditor files the written certification
with the legislative body under section 11.2 of this chapter, in
the case of an annexation described in subsection (a)(1)(B).
(c) Failure to record the annexation ordinance as provided in
subsection (a) does not invalidate the ordinance.
(d) The county auditor shall forward a copy of any annexation
ordinance filed under this section to the following:
(1) The county highway department of each county in which the
lots or lands affected are located.
(2) The county surveyor of each county in which the lots or
lands affected are located.
(3) Each plan commission, if any, that lost or gained
jurisdiction over the annexed territory.
(4) The sheriff of each county in which the lots or lands
affected are located.
(5) The township trustee of each township that lost or gained
jurisdiction over the annexed territory.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.2.
(e) The county auditor may require the clerk of the municipality
to furnish an adequate number of copies of the annexation ordinance
or may charge the clerk a fee for photoreproduction of the ordinance.
The county auditor shall notify the office of the secretary of state and
the office of census data established by IC 2-5-1.1-12.2 of the date
that the annexation ordinance is effective under this chapter.
(f) The county auditor or county surveyor shall, upon determining
that an annexation ordinance has become effective under this
chapter, indicate the annexation upon the property taxation records
maintained in the office of the auditor or the office of the county
surveyor.
As added by P.L.218-1986, SEC.2. Amended by P.L.301-1989,
SEC.1; P.L.5-1989, SEC.100; P.L.1-1990, SEC.358; P.L.7-1990,
SEC.57; P.L.3-1997, SEC.456; P.L.248-1999, SEC.10;
P.L.217-1999, SEC.10; P.L.14-2000, SEC.80; P.L.212-2001,
SEC.34; P.L.276-2001, SEC.9; P.L.1-2002, SEC.159; P.L.228-2015,
SEC.22.
IC 36-4-3-23
Change in effective date of annexation or disannexation to January
1, 2010.
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Sec. 23. Notwithstanding sections 7, 12, 15.5, and 19 of this
chapter, as those sections existed on December 31, 2009, an
annexation or disannexation that took effect January 2, 2010,
because of the application of section 7(b), 12(b), 15.5(d), or 19(f) of
this chapter, as those sections existed on December 31, 2009, is
instead considered to take effect January 1, 2010, without the
adoption of an amended ordinance or the entry of an amended
judgment or order under this chapter.
As added by P.L.113-2010, SEC.120.
IC 36-4-3-24
Legalization of certain annexation ordinances adopted in
Tippecanoe County before March 1, 1990; legalization of
declaratory resolution of redevelopment commission; assessment
date
Sec. 24. (a) This section applies to a second class city located in
Tippecanoe County.
(b) Notwithstanding any other law, if a city annexed territory
before March 1, 1990, and the annexation proceedings included a
technical failure to describe a public way that separates the annexed
territory from the city, the annexation is legalized and declared valid.
(c) Notwithstanding any other law, if the redevelopment
commission of a city adopted a declaratory resolution under
IC 36-7-14-15 before March 1, 1990, for any of the annexed territory
described in subsection (b), the declaratory resolution is legalized
and declared valid. If the declaratory resolution designated any of the
annexed territory as an allocation area under IC 36-7-14-39, the
assessment date for purposes of determining the base assessed value
of the economic development area for purposes of IC 36-7-14-39 is
March 1, 1989.
As added by P.L.220-2011, SEC.651. Amended by P.L.119-2012,
SEC.189.
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