2017 Indiana Code
TITLE 36. Local Government
ARTICLE 4. GOVERNMENT OF CITIES AND TOWNS GENERALLY
CHAPTER 3. Municipal Annexation and Disannexation
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 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 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.
