IC 14-32-6.5
    Chapter 6.5. Changing the Boundaries of a District or Dissolvinga District

IC 14-32-6.5-1
Petitions to change boundaries or dissolve districts
    Sec. 1. (a) Land occupiers of a district may file a petition with theboard requesting either of the following:
        (1) That the boundaries of the district be changed to encompassterritory described in the petition.
        (2) That the district cease to operate and be dissolved.
    (b) A petition filed under this section must be signed by at leasttwenty-five (25) land occupiers whose tracts of land are locatedwithin the boundaries of the district referred to in the petition.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-2
Petition to change boundaries; conditions
    Sec. 2. In the case of a petition filed under section 1(a)(1) of thischapter to change the boundaries of a district, the followingconditions apply:
        (1) The territory proposed for inclusion in the reconfigureddistrict may consist of two (2) or more separate tracts, and thetracts need not be contiguous.
        (2) The petition must include a generally accurate descriptionof the territory proposed for inclusion in the reconfigureddistrict, but the territory need not be defined by metes andbounds or by legal subdivisions.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-3
Petition to change boundaries; requirements of territory proposedfor inclusion
    Sec. 3. (a) If:
        (1) a petition is filed under section 1(a)(1) of this chapter tochange the boundaries of a district; and
        (2) the territory proposed for inclusion in the reconfigureddistrict includes all or part of the territory of one (1) or moreexisting districts;
the petition must meet the requirement set forth in subsection (b),subsection (c), or subsection (d).
    (b) If the territory proposed for inclusion includes only a portionof the existing district, a petition described in subsection (a) must besigned by at least twenty-five (25) land occupiers whose tracts ofland are located within the territory, except as provided in subsection(d).
    (c) If the territory proposed for inclusion includes all or part oftwo (2) or more existing districts, the petition must be signed by atleast twenty-five (25) land occupiers whose tracts of land are locatedwithin the part of each existing district that is proposed for inclusion,

except as provided in subsection (d).
    (d) If there are fewer than fifty (50) land occupiers whose tractsof land are located in:
        (1) a territory referred to in subsection (b); or
        (2) a part of a district referred to in subsection (c);
the petition must be signed by a majority of the land occupiers whosetracts of land are located within the territory or part of a district.
    (e) The signature requirements of this section are in addition tothe signature requirement imposed by section 1(b) of this chapter.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-4
Petition to change boundaries; joint resolution of districts required
    Sec. 4. (a) If:
        (1) a petition is filed under section 1(a)(1) of this chapter tochange the boundaries of a district; and
        (2) the territory proposed for inclusion in the reconfigureddistrict includes all or part of the territory of one (1) or moreother existing districts;
the petition must be accompanied by a copy of a joint resolutiondescribed in subsection (b).
    (b) The resolution required by this section must be adopted by thesupervisors and certified by the secretary of:
        (1) the district into which the territory proposed for inclusionwould be incorporated; and
        (2) each district whose territory would be incorporated into thedistrict referred to in subdivision (1).
    (c) The resolution required by this section must set forth:
        (1) the amount of the assets and obligations that would betransferred to the district referred to in subsection (b)(1) byeach district referred to in subsection (b)(2) as part of theincorporation of territory; and
        (2) the amount of the assets and obligations of the districtreferred to in subsection (b)(1) that would be retained by thedistrict after the incorporation of territory.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-5
Petitions to change boundaries or dissolve districts; invalidity
    Sec. 5. If a petition filed under section 1 of this chapter does notmeet the requirements set forth in sections 1 through 4 of thischapter, the board shall:
        (1) declare the petition invalid;
        (2) in writing, inform the person who filed the petition that thepetition is invalid, specifying the reason or reasons for theinvalidity of the petition; and
        (3) return the petition to the person who filed it for theincorporation of corrections to remedy the invalidity.
As added by P.L.136-1997, SEC.35.
IC 14-32-6.5-6
Petitions to change boundaries or dissolve districts; hearing
    Sec. 6. (a) If a petition filed under section 1 of this chapter meetsthe requirements set forth in sections 1 through 4 of this chapter, theboard shall do the following:
        (1) Not more than sixty (60) days after the filing of the petition,give due notice that a hearing will be held concerning thepetition.
        (2) Pay all expenses arising from the issuance of the notice andthe holding of the hearing.
        (3) Conduct the hearing.
    (b) The hearing held on the petition shall be open to the public.The following may testify at the hearing:
        (1) A land occupier whose tract of land is located within thedistrict or territory referred to in the petition.
        (2) An individual of voting age who resides within the districtor territory referred to in the petition.
    (c) Testimony may be presented at the hearing concerning:
        (1) the desirability and necessity, in the interest of the publicwelfare, of granting the petition;
        (2) the validity of:
            (A) the petition; and
            (B) proceedings conducted on the petition under thischapter; and
        (3) all questions relevant to the petition.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-7
Petitions to change boundaries or dissolve districts; considerations
    Sec. 7. (a) When considering a petition to change the boundariesof a district, the board shall consider and give due weight to thefollowing:
        (1) The information presented at the hearing held under section6 of this chapter.
        (2) The attitudes toward the change in district boundariesexpressed by land occupiers whose tracts of land are locatedwithin the territory proposed for inclusion within the district.
        (3) The desirability and necessity of including the territorywithin the district, including the benefits that the land occupierswhose tracts of land are located within the territory may receivefrom the inclusion.
        (4) The relation of the territory to:
            (A) watersheds;
            (B) agricultural regions; and
            (C) other districts.
        (5) The physical, geographical, and economic factors that arerelevant, having regard to the legislative determination set forthin IC 14-32-1.
    (b) When considering a petition to dissolve a district, the boardshall consider and give due weight to the following:        (1) The information presented at the hearing held under section6 of this chapter.
        (2) The attitudes toward dissolution of the district expressed byland occupiers whose tracts of land are located within thedistrict.
        (3) The approximate wealth and income of the residents of thedistrict.
        (4) The probable expense of carrying on soil and water resourceprotection activities within the district.
        (5) Other economic and social factors that are relevant, havingregard to the legislative determination set forth in IC 14-32-1.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-8
Denial of petition
    Sec. 8. Not more than sixty (60) days after a public hearing on apetition is held under section 6 of this chapter, the board shalldetermine whether the petition should be denied.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-9
Denial of petition; record of determination; notice
    Sec. 9. If, after the hearing and consideration of the factors setforth in section 7 of this chapter, the board determines that a petitionshould be denied, the board shall, when appropriate, do thefollowing:
        (1) Record the determination.
        (2) Deny the petition.
        (3) Notify a representative of the petitioners in writing that thepetition is denied.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-10
Petitions to change boundaries or dissolve districts; procedures ifnot denied
    Sec. 10. (a) If, after the hearing and consideration of the factorsset forth in section 7(a) of this chapter, the board determines that apetition to change the boundaries of a district should not be denied,the board shall, when appropriate, do the following:
        (1) Record the determination.
        (2) Define, by metes and bounds or by legal subdivisions, theterritory to be included in the proposed reconfigured district.
        (3) In consultation with the petitioners, establish a name for theproposed reconfigured district.
        (4) Not more than sixty (60) days after recording thedetermination, give due notice that an election, by secret ballot,will be held on the local public question set forth in the petition.
        (5) Prescribe appropriate procedures for the conduct of theelection and the determination of the eligibility of voters.
        (6) Supervise the conduct of the election.        (7) Publish the results of the election.
        (8) Pay all expenses arising from the issuance of notices and theholding of the election.
    (b) If, after the hearing and consideration of the factors set forthin section 7(b) of this chapter, the board determines that a petition todissolve a district should not be denied, the board shall, whenappropriate, do the following:
        (1) Record the determination.
        (2) Not more than sixty (60) days after recording thedetermination, give due notice that an election, by secret ballot,will be held on the local public question set forth in the petition.
        (3) Prescribe appropriate procedures for the conduct of theelection and the determination of the eligibility of voters.
        (4) Supervise the conduct of the election.
        (5) Publish the results of the election.
        (6) Pay all expenses arising from the issuance of notices and theholding of the election.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-11
Elections to change boundaries or dissolve districts; contents ofballots
    Sec. 11. (a) The ballot provided for an election on whether tochange the boundaries of a district must contain the following:
        (1) A definition, by metes and bounds or by legal subdivisions,of the territory within the proposed reconfigured district.
        (2) Two (2) propositions, one (1) of which reads "For creationof the (insert name) soil and water conservation districtcomprising the territory defined here" and the other of whichreads "Against creation of the (insert name) soil and waterconservation district comprising the territory defined here".
        (3) A square in front of each proposition.
        (4) Instruction to insert an X mark in the square before only one(1) of the propositions to indicate that the voter favors oropposes the inclusion of the described territory within thedistrict.
    (b) The ballot provided for an election on whether to dissolve adistrict must contain the following:
        (1) Two (2) propositions, one (1) of which reads "Forterminating the existence of the (insert name) soil and waterconservation district" and the other of which reads "Againstterminating the existence of the (insert name) soil and waterconservation district".
        (2) A square in front of each proposition.
        (3) Instruction to insert an X mark in the square before only one(1) of the propositions to indicate that the voter favors oropposes the dissolution of the district.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-12 Elections to change boundaries or dissolve districts; voting
    Sec. 12. (a) All land occupiers whose tracts of land are locatedwithin:
        (1) the boundaries of the district as they would be changed toencompass the territory proposed for inclusion; or
        (2) the district proposed for dissolution;
are eligible to vote in the election on the local public question heldunder section 10(a) or 10(b) of this chapter.
    (b) A voting place used in the election must be arranged so thatthe voter can mark a ballot without disclosing to any person how theballot was marked.
    (c) An informality in the conduct of the election on the localpublic question or in a matter relating to the election does notinvalidate the election or the result of the election if:
        (1) due notice of the election was given substantially asrequired by section 10 of this chapter and IC 14-8-2-80; and
        (2) the election was conducted fairly.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-13
Elections to change boundaries or dissolve districts; simplemajority required to deny
    Sec. 13. If at least a simple majority of the votes cast on the localpublic question are against the request set forth in the petition, theboard shall, when appropriate, do the following:
        (1) Certify the results of the election in the records of the board.
        (2) Declare the request set forth in the petition denied.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-14
Elections to change boundaries or dissolve districts; simplemajority required to implement request
    Sec. 14. (a) In an election on the local public question of whetherto change the boundaries of a district, the board shall proceed undersubsection (c) if at least a simple majority:
        (1) of all the votes cast; and
        (2) of the votes cast in each:
            (A) district; or
            (B) portion of a district;
        that would be included within the proposed reconfigureddistrict;
are in favor of the inclusion of the described territory within thedistrict.
    (b) In an election on the local public question of whether todissolve a district, the board shall proceed under subsection (c) if atleast a simple majority of the votes cast on the local public questionare in favor of the dissolution of the district.
    (c) Under the circumstances set forth in subsection (a) or (b), theboard shall do the following:
        (1) Certify the results of the election in the records of the board.        (2) Implement the request set forth in the petition under:
            (A) sections 15 through 21 of this chapter, if changing theboundaries of a district; or
            (B) sections 22 through 23 of this chapter, if dissolving adistrict.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-15
Appointed supervisors; terms
    Sec. 15. (a) To incorporate the described territory within thedistrict, the board shall do the following not more than thirty (30)days after certifying the election:
        (1) Appoint two (2) individuals who meet the qualifications setforth in IC 14-32-4-1(c) as supervisors of the district.
        (2) Establish the length of the terms of the appointedsupervisors within the limits set forth in subsection (b).
    (b) The term of one (1) supervisor appointed under subsection (a)may not be more than three (3) years. The term of the othersupervisor appointed under subsection (a) may not be more than two(2) years.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-16
Letter of application; presentation to secretary of state; contents
    Sec. 16. (a) Not more than thirty (30) days after being appointedunder section 15(a) of this chapter, the two (2) appointed supervisorsshall present to the secretary of state the following:
        (1) A notarized letter of application, signed by the two (2)appointed supervisors, for reorganization of the district as agovernmental subdivision and a public body corporate andpolitic under this article.
        (2) A copy of the original petition filed with the board.
        (3) A copy of the certification by the board of the results of theelection held on the local public question.
        (4) A copy of the records of appointment by the board of thetwo (2) supervisors who signed the letter of application.
    (b) The letter of application presented under subsection (a) mustinclude the following:
        (1) The name proposed for the district.
        (2) A definition, by metes and bounds or by legal subdivisions,of the reconfigured boundaries of the district.
        (3) A statement certifying that, upon notification by thesecretary of state of the approval of the application, an existingdistrict lying entirely within the boundaries of the newlyreorganized district will terminate operation and cease to exist.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-17
Certificate of organization
    Sec. 17. (a) After receiving, examining, and approving a letter of

application and the accompanying documents that are presentedunder section 16 of this chapter, the secretary of state shall do thefollowing:
        (1) Issue to the appointed supervisors a certificate oforganization indicating that the district is reestablished withboundaries incorporating the territory defined in the notarizedletter of application presented under section 16 of this chapter.
        (2) Record the certificate of organization with the letter ofapplication and accompanying documents in an appropriaterecord.
        (3) Issue to the supervisors of any existing district lying entirelywithin the boundaries of the newly reestablished district acertificate of dissolution of the existing district.
        (4) Record the certificate of dissolution in an appropriaterecord.
    (b) On the date the secretary of state issues the certificatesrequired by subsection (a):
        (1) all property and responsibilities of any existing district lyingentirely within the boundaries of the newly reestablished districtare assumed by the reestablished district; and
        (2) any existing district lying entirely within the boundaries ofthe newly reestablished district ceases to exist.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-18
Elected supervisors; petitions for nomination
    Sec. 18. (a) After the secretary of state issues a certificate oforganization to the supervisors of a newly reestablished district undersection 17 of this chapter, the board shall, when appropriate,circulate petitions for the nomination of candidates for the three (3)elected supervisor positions of the reestablished district. Thepetitions must be filed with the board not more than sixty (60) daysafter the secretary of state issues the certificate of organization.However, the board may extend the time within which the petitionsmay be filed.
    (b) To be valid, a nominating petition must meet the followingconditions:
        (1) The candidate named on the petition must meet thequalifications for elected supervisors set forth inIC 14-32-4-1(b).
        (2) The petition must be signed by at least twenty-five (25) landoccupiers whose tracts of land are located within the district.
    (c) A land occupier may sign more than one (1) petition tonominate more than one (1) candidate.
    (d) Not more than thirty (30) days after receiving at least four (4)valid nominating petitions, the board shall do the following:
        (1) Give due notice that an election, by secret ballot, will beheld to elect the three (3) supervisors of the newly reestablisheddistrict.
        (2) Prescribe appropriate procedures for the conduct of the

election and the determination of the eligibility of voters.
        (3) Supervise the conduct of the election.
        (4) Publish the results of the election.
        (5) Pay all expenses arising from the issuance of notices and theholding of the election.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-19
Election of supervisors; contents of ballots
    Sec. 19. (a) The ballot provided for the initial election ofsupervisors of a newly reestablished district must contain thefollowing:
        (1) The names, in alphabetical order of the surnames, of all thenominees on behalf of whom valid nominating petitions havebeen filed.
        (2) A square in front of each name.
        (3) Instruction to insert an X mark in the square before anythree (3) of the names to indicate the voter's preference.
    (b) A land occupier whose tract of land is located within thenewly reestablished district is eligible to vote in the election.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-20
Elected supervisors; terms
    Sec. 20. (a) The three (3) candidates who receive the largestnumber of votes cast in the initial election of supervisors of a newlyreestablished district are elected.
    (b) The terms of office of the elected supervisors are as follows:
        (1) The individual receiving the highest number of votes has athree (3) year term of office.
        (2) The individual receiving the second highest number of voteshas a two (2) year term of office.
        (3) The individual receiving the third highest number of voteshas a (1) year term of office.
    (c) If a tie vote occurs among the three individuals elected assupervisors, the terms of office for those receiving the same numberof votes shall be decided by lot.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-21
Elected supervisors; oath of office; commencement of term
    Sec. 21. (a) The five (5) initial supervisors of a newlyreestablished district shall assume the duties of office upon takingand signing an oath of office. The oath shall be administered:
        (1) to the two (2) appointed supervisors at the date of theirappointment by the board; and
        (2) to the three (3) elected supervisors within one (1) week afterpublication by the board of the results of the election.
    (b) An appointed supervisor holding office when a district isreestablished under sections 15 through 21 of this chapter is

discharged from office when the initial appointed supervisors of thereestablished district assume the duties of office under subsection(a). An elected supervisor holding office when a district isreestablished under sections 15 through 21 of this chapter isdischarged from office when the initial elected supervisors of thereestablished district assume the duties of office under subsection(a).
    (c) Although an initial supervisor assumes the duties of office atthe time set forth in subsection (a), the term of office of thesupervisor does not begin until the conclusion of the first annualmeeting of the newly reestablished district for purposes ofdetermining the expiration of the supervisor's term of office.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-22
Dissolution; procedures; certificate
    Sec. 22. (a) To proceed with the dissolution of a district undersection 14(b) of this chapter in accordance with the results of anelection, the supervisors of the district, upon notification of theresults of the election, shall do the following:
        (1) Begin immediately to terminate the affairs of the district.
        (2) Dispose of all property belonging to the district at publicauction and pay over the proceeds of the sale into the statetreasury.
        (3) File with the secretary of state a notarized letter ofapplication for dissolution of the district that:
            (A) recites that the property of the district has been disposedof and the proceeds of the sale paid over as required by thissection; and
            (B) sets forth a full accounting of the property and proceedsof the sale.
        (4) Transmit with the letter of application a copy of thecertification by the board of the results of the election on thelocal public question of whether to dissolve the district.
    (b) Upon receipt, examination, and approval of the letter ofapplication and accompanying required document, the secretary ofstate shall do the following:
        (1) Issue to the supervisors a certificate of dissolution.
        (2) Record the certificate with the letter of application andaccompanying required document in an appropriate record.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-23
Dissolution; contracts remain in force
    Sec. 23. (a) Despite the issuance of a certificate of dissolution ofa district under section 22 of this chapter, all contracts to which thedistrict is a party remain in force and effect for the period providedin the contracts.
    (b) The board:
        (1) is substituted for the district as party to the contracts;        (2) is entitled to all benefits and subject to all liabilities underthe contracts; and
        (3) has the same right and obligation under the contracts as thedistrict would have had to:
            (A) perform;
            (B) require performance;
            (C) sue and be sued; and
            (D) modify or terminate the contracts by mutual consent orotherwise.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-24
Denial of petition for change in boundaries; delay before similarrequest considered
    Sec. 24. If a valid petition requesting a change in the boundariesof a district or the dissolution of a district has been denied due to:
        (1) the determination of the board after a public hearing; or
        (2) the results of an election held on the local public question;
the board may not consider a later petition containing the samerequest or a similar request until two (2) years after the denial of theoriginal petition.
As added by P.L.136-1997, SEC.35.

IC 14-32-6.5-25
Procedures for organization of new district in same territory asdissolved district
    Sec. 25. If a district is dissolved under this chapter, the board mayprescribe the procedure under which a new district may be organizedwithin the territory encompassed by the dissolved district.
As added by P.L.136-1997, SEC.35.