CHAPTER 3. MUNICIPAL ANNEXATION AND DISANNEXATION
IC 36-4-3
Chapter 3. Municipal Annexation and Disannexation
IC 36-4-3-1
Application of chapter
Sec. 1. This chapter applies to all municipalities exceptconsolidated cities. However, sections 3 and 21 of this chapter do notapply to towns.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-1.5
Contiguous territory; determination
Sec. 1.5. For purposes of this chapter, territory sought to beannexed may be considered "contiguous" only if at least one-eighth(1/8) of the aggregate external boundaries of the territory coincideswith the boundaries of the annexing municipality. In determining ifa territory is contiguous, a strip of land less than one hundred fifty(150) feet wide which connects the annexing municipality to theterritory is not considered a part of the boundaries of either themunicipality or the territory.
As added by Acts 1981, P.L.308, SEC.1.
IC 36-4-3-1.6
Territory covered by lake
Sec. 1.6. (a) For purposes of this chapter, the acreage of theterritory sought to be annexed that is covered by a public or privatelake shall not be considered when determining whether the territorymeets the population density or subdivision percentages required bythis 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 36-4-3-2
Territories inside corporate boundaries of another municipality
Sec. 2. Territory may be annexed by a municipality under section3 or 4 of this chapter. However, a municipality may not annexterritory that is inside the corporate boundaries of anothermunicipality, 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 undersection 5.1 of this chapter.
(b) A municipality may adopt an ordinance under this chapteronly after the legislative body has held a public hearing concerningthe proposed annexation. The municipality shall hold the publichearing not earlier than sixty (60) days after the date the ordinanceis introduced. All interested parties must have the opportunity to
testify as to the proposed annexation. Except as provided insubsection (d), notice of the hearing shall be:
(1) published in accordance with IC 5-3-1 except that the noticeshall be published at least sixty (60) days before the hearing;and
(2) mailed as set forth in section 2.2 of this chapter, if section2.2 of this chapter applies to the annexation.
(c) A municipality may adopt an ordinance under this chapter notearlier than thirty (30) days or not later than sixty (60) days after thelegislative body has held the public hearing under subsection (b).
(d) This subsection applies to an annexation under section 3 or 4of this chapter in which all property owners within the area to beannexed provide written consent to the annexation. Notice of thehearing shall be:
(1) published one (1) time at least twenty (20) days before thehearing 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
Notice by certified mail
Sec. 2.2. (a) This section does not apply to an annexation undersection 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter or anannexation described in section 5.1 of this chapter.
(b) Before a municipality may annex territory, the municipalityshall provide written notice of the hearing required under section 2.1of this chapter. Except as provided in subsection (f), the notice mustbe sent by certified mail at least sixty (60) days before the date of thehearing to each owner of real property, as shown on the countyauditor's current tax list, whose real property is located within theterritory proposed to be annexed.
(c) For purposes of an annexation of territory described in section2.5 of this chapter, if the hearing required under section 2.1 of thischapter is conducted after June 30, 2010, the notice required by thissection must also be sent to each owner of real property, as shown onthe county auditor's current tax list, whose real property is adjacentto contiguous areas of rights-of-way of the public highway that areonly included in the annexation of territory by operation ofIC 36-4-3-2.5 on the side of the public highway that is not part of theannexed territory.
(d) The notice required by this section must include the following:
(1) A legal description of the real property proposed to beannexed.
(2) The date, time, location, and subject of the hearing.
(3) A map showing the current municipal boundaries and theproposed municipal boundaries.
(4) Current zoning classifications for the area proposed to beannexed and any proposed zoning changes for the area proposedto be annexed. (5) A detailed summary of the fiscal plan described in section13 of this chapter.
(6) The location where the public may inspect and copy thefiscal plan.
(7) A statement that the municipality will provide a copy of thefiscal plan after the fiscal plan is adopted immediately to anylandowner in the annexed territory who requests a copy.
(8) The name and telephone number of a representative of themunicipality who may be contacted for further information.
(e) If the municipality complies with this section, the notice is notinvalidated if the owner does not receive the notice.
(f) This subsection applies to an annexation under section 3 or 4of this chapter in which all property owners within the area to beannexed provide written consent to the annexation. The writtennotice described in this section must be sent by certified mail notlater than twenty (20) days before the date of the hearing to eachowner of real property, as shown on the county auditor's current taxlist, whose real property is located within the territory proposed to beannexed.
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,SEC.2.
IC 36-4-3-2.5
"Public highway" defined
Sec. 2.5. (a) As used in this section, "public highway" has themeaning 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 alsoinclude 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 anordinance defining the corporate boundaries of the municipality,annex territory that is contiguous to the municipality, subject tosubsection (b).
(b) If territory that was not contiguous (under section 1.5 of thischapter) was annexed in proceedings begun before May 1, 1981, anordinance adopted after April 30, 1981, may not annex additionalterritory that is contiguous when the contiguity is based on theadditional territory's boundaries with the previously annexedterritory.
(c) Subsection (b) does not apply when the previously annexedterritory has been used as a part of the contiguous boundary ofseparate parcels of land successfully annexed to the municipalitybefore May 1, 1981. (d) This subsection does not apply to a town that has abolishedtown legislative body districts under IC 36-5-2-4.1. An ordinancedescribed by subsection (a) must assign the territory annexed by theordinance 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 undersection 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 planand establish a definite policy by resolution of the legislative bodythat meets the requirements set forth in section 13 of this chapter.
(c) Except as provided in subsection (d), the municipality shallestablish and adopt the written fiscal plan before mailing thenotification to landowners in the territory proposed to be annexedunder section 2.2 of this chapter.
(d) In an annexation under section 5 or 5.1 of this chapter, themunicipality shall establish and adopt the written fiscal plan beforeadopting 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 36-4-3-3.5
Annexation ordinance; contents
Sec. 3.5. (a) An annexation ordinance adopted under this chaptermust contain the following information:
(1) A description of the boundaries of the territory to beannexed, including any public highway or right-of-way.
(2) The approximate number of acres in the territory to beannexed.
(3) A description of any special terms and conditions adoptedunder section 8 of this chapter.
(b) An ordinance adopted under section 3 or 4 of this chapter mustalso contain a description of any property tax abatements adoptedunder 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 airport,landfill, golf course, or hospital
Sec. 4. (a) The legislative body of a municipality may, byordinance, annex any of the following:
(1) Territory that is contiguous to the municipality.
(2) Territory that is not contiguous to the municipality and isoccupied by a municipally owned or operated airport or landingfield.
(3) Territory that is not contiguous to the municipality but is
found by the legislative body to be occupied by a municipallyowned or regulated sanitary landfill, golf course, or hospital.However, if territory annexed under this subsection ceases to beused as a municipally owned or regulated sanitary landfill, golfcourse, or hospital for at least one (1) year, the territory revertsto the jurisdiction of the unit having jurisdiction before theannexation if the unit that had jurisdiction over the territory stillexists. If the unit no longer exists, the territory reverts to thejurisdiction of the unit that would currently have jurisdictionover the territory if the annexation had not occurred. The clerkof the municipality shall notify the offices required to receivenotice of a disannexation under section 19 of this chapter whenthe territory reverts to the jurisdiction of the unit havingjurisdiction before the annexation.
(b) This subsection applies to municipalities in a county havinga population of:
(1) more than seventy-three thousand (73,000) but less thanseventy-four thousand (74,000);
(2) more than seventy-one thousand four hundred (71,400) butless than seventy-three thousand (73,000);
(3) more than seventy thousand (70,000) but less thanseventy-one thousand (71,000);
(4) more than forty-five thousand (45,000) but less thanforty-five thousand nine hundred (45,900);
(5) more than forty thousand nine hundred (40,900) but lessthan forty-one thousand (41,000);
(6) more than thirty-eight thousand (38,000) but less thanthirty-nine thousand (39,000);
(7) more than thirty thousand (30,000) but less than thirtythousand seven hundred (30,700);
(8) more than twenty-three thousand five hundred (23,500) butless than twenty-four thousand (24,000);
(9) more than one hundred eighty-two thousand seven hundredninety (182,790) but less than three hundred thousand(300,000); or
(10) more than thirty-four thousand nine hundred fifty (34,950)but less than thirty-six thousand (36,000).
Except as provided in subsection (c), the legislative body of amunicipality to which this subsection applies may, by ordinance,annex territory that is not contiguous to the municipality, has itsentire area not more than two (2) miles from the municipality'sboundary, is to be used for an industrial park containing one (1) ormore businesses, and is either owned by the municipality or by aproperty owner who consents to the annexation. However, if territoryannexed under this subsection is not used as an industrial park withinfive (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 leastone (1) year, the territory reverts to the jurisdiction of the unit havingjurisdiction before the annexation if the unit that had jurisdictionover the territory still exists. If the unit no longer exists, the territory
reverts to the jurisdiction of the unit that would currently havejurisdiction over the territory if the annexation had not occurred. Theclerk of the municipality shall notify the offices entitled to receivenotice of a disannexation under section 19 of this chapter when theterritory reverts to the jurisdiction of the unit having jurisdictionbefore the annexation.
(c) A city in a county with a population of more than two hundredthousand (200,000) but less than three hundred thousand (300,000)may not annex territory as prescribed in subsection (b) until theterritory is zoned by the county for industrial purposes.
(d) Notwithstanding any other law, territory that is annexed undersubsection (b) or (h) is not considered a part of the municipality forthe 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 twohundred thousand (200,000) but less than three hundredthousand (300,000), unless the boundaries of thenoncontiguous territory become contiguous to the city, asallowed by Indiana law;
(2) expanding the municipality's extraterritorial jurisdictionalarea; 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 themeanings prescribed by IC 8-22-1.
(f) As used in this section, "hospital" has the meaning prescribedby IC 16-18-2-179(b).
(g) An ordinance adopted under this section must assign theterritory annexed by the ordinance to at least one (1) municipallegislative body district.
(h) This subsection applies to a city having a population of morethan thirty-one thousand (31,000) but less than thirty-two thousand(32,000). The legislative body of a city may, by ordinance, annexterritory that:
(1) is not contiguous to the city;
(2) has its entire area not more than eight (8) miles from thecity'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 thefederal highway authorities) and a state highway (as designatedby the state highway authorities); and
(4) is owned by the city or by a property owner that consents tothe 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.
IC 36-4-3-4.1
Property tax liability exemption for consensual annexation ofterritory classified as agricultural for zoning purposes
Sec. 4.1. (a) The legislative body of a municipality may, byordinance, annex territory that:
(1) is contiguous to the municipality;
(2) in the case of a town having a population of more than:
(A) fifteen thousand (15,000); or
(B) five thousand (5,000) but less than six thousand threehundred (6,300);
located in a county having a population of more than onehundred thousand (100,000) but less than one hundred fivethousand (105,000), has its entire area within the townshipwithin which the town is primarily located; and
(3) is owned by a property owner who consents to theannexation.
(b) Territory annexed under this section is exempt from allproperty tax liability under IC 6-1.1 for municipal purposes for allportions of the annexed territory that are classified for zoningpurposes as agricultural and remain exempt from the property taxliability while the property's zoning classification remainsagricultural. However, if the annexation ordinance annexing theterritory is adopted after June 30, 2006, the property tax liabilityunder IC 6-1.1 for municipal purposes may be exempted for a periodof not more than ten (10) years.
(c) There may not be a change in the zoning classification ofterritory annexed under this section without the consent of the ownerof the annexed territory.
(d) Territory annexed under this section may not be considered apart of the municipality for purposes of annexing additional territoryunder section 3 or 4 of this chapter. However, territory annexedunder this section shall be considered a part of the municipality forpurposes of annexing additional territory under section 5 or 5.1 ofthis 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.
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 thathas 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) If the owners of land located outside of but contiguousto a municipality want to have territory containing that land annexedto the municipality, they may file with the legislative body of themunicipality a petition:
(1) signed by at least:
(A) fifty-one percent (51%) of the owners of land in theterritory sought to be annexed; or
(B) the owners of seventy-five percent (75%) of the totalassessed value of the land for property tax purposes; and
(2) requesting an ordinance annexing the area described in thepetition.
(b) The petition circulated by the landowners must include oneach page where signatures are affixed a heading that is substantiallysimilar to the following:
"PETITION FOR ANNEXATION INTO THE (insert whethercity or town) OF (insert name of city or town).".
(c) Except as provided in section 5.1 of this chapter, if thelegislative body fails to pass the ordinance within one hundred fifty(150) days after the date of filing of a petition under subsection (a),the petitioners may file a duplicate copy of the petition in the circuitor superior court of a county in which the territory is located, andshall include a written statement of why the annexation should takeplace. Notice of the proceedings, in the form of a summons, shall beserved on the municipality named in the petition. The municipalityis the defendant in the cause and shall appear and answer.
(d) The court shall hear and determine the petition without a jury,and shall order the proposed annexation to take place only if theevidence introduced by the parties establishes that:
(1) essential municipal services and facilities are not availableto the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to providemunicipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexedis at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to themunicipality.
If the evidence does not establish all four (4) of the precedingfactors, the court shall deny the petition and dismiss the proceeding.
(e) This subsection does not apply to a town that has abolishedtown legislative body districts under IC 36-5-2-4.1. An ordinanceadopted under this section must assign the territory annexed by theordinance 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.
IC 36-4-3-5.1
Petitions signed by 100% of landowners
Sec. 5.1. (a) This section applies to an annexation in whichowners of land located outside but contiguous to a municipality filea petition with the legislative body of the municipality:
(1) requesting an ordinance annexing the area described in thepetition; and
(2) signed by one hundred percent (100%) of the landownersthat reside within the territory that is proposed to be annexed.
(b) Sections 2.1 and 2.2 of this chapter do not apply to anannexation under this section.
(c) The petition circulated by the landowners must include oneach page where signatures are affixed a heading that is substantiallysimilar to the following:
"PETITION FOR ANNEXATION INTO THE (insert whethercity 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 byresolution of the legislative body;
after the legislative body has held a public hearing on the proposedannexation.
(e) The municipality may introduce and hold the public hearingon the annexation ordinance not later than thirty (30) days after thepetition is filed with the legislative body. Notice of the publichearing may be published one (1) time in accordance with IC 5-3-1at least twenty (20) days before the hearing. All interested partiesmust have the opportunity to testify at the hearing as to the proposedannexation.
(f) The municipality may adopt the annexation ordinance notearlier than fourteen (14) days after the public hearing undersubsection (e).
(g) A landowner may withdraw the landowner's signature from thepetition not more than thirteen (13) days after the municipalityadopts the fiscal plan by providing written notice to the office of theclerk of the municipality. If a landowner withdraws the landowner'ssignature, the petition shall automatically be considered a voluntarypetition that is filed with the legislative body under section 5 of thischapter, fourteen (14) days after the date the fiscal plan is adopted.All provisions applicable to a petition initiated under section 5 of thischapter apply to the petition.
(h) If the municipality does not adopt an annexation ordinancewithin sixty (60) days after the landowners file the petition with thelegislative body, the landowners may file a duplicate petition withthe circuit or superior court of a county in which the territory islocated. The court shall determine whether the annexation shall takeplace as set forth in section 5 of this chapter.
(i) A remonstrance under section 11 of this chapter may not befiled. However, an appeal under section 15.5 of this chapter may befiled. (j) In the absence of an appeal under section 15.5 of this chapter,an annexation ordinance adopted under this section takes effect notless than thirty (30) days after the adoption of the ordinance andupon the filing and recording of the ordinance under section 22 ofthis chapter.
As added by P.L.224-2001, SEC.6.
IC 36-4-3-6
Effect of certified copy of ordinance
Sec. 6. (a) A certified copy of an ordinance adopted under section3 of this chapter is conclusive evidence of the corporate boundariesof the municipality in any proceeding.
(b) A certified copy of an ordinance adopted under section 4 ofthis chapter is conclusive evidence in any proceeding that theterritory described in the ordinance was properly annexed and is apart of the municipality.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-7
Publication of adopted ordinance; effectiveness; fire protectiondistricts
Sec. 7. (a) After an ordinance is adopted under section 3, 4, 5, or5.1 of this chapter, it must be published in the manner prescribed byIC 5-3-1. Except as provided in subsection (b), (c), or (f), in theabsence of remonstrance and appeal under section 11 or 15.5 of thischapter, the ordinance takes effect at least ninety (90) days after itspublication and upon the filing required by section 22(a) of thischapter.
(b) An ordinance described in subsection (d) or adopted undersection 3, 4, 5, or 5.1 of this chapter may not take effect during theyear preceding a year in which a federal decennial census isconducted. An ordinance that would otherwise take effect during theyear preceding a year in which a federal decennial census isconducted takes effect January 1 of the year in which a federaldecennial census is conducted.
(c) Subsections (d) and (e) apply to fire protection districts thatare established after June 14, 1987.
(d) Except as provided in subsection (b), whenever a municipalityannexes territory, all or part of which lies within a fire protectiondistrict (IC 36-8-11), the annexation ordinance (in the absence ofremonstrance and appeal under section 11 or 15.5 of this chapter)takes effect the second January 1 that follows the date the ordinanceis adopted and upon the filing required by section 22(a) of thischapter. The municipality shall:
(1) provide fire protection to that territory beginning the datethe ordinance is effective; and
(2) send written notice to the fire protection district of the datethe municipality will begin to provide fire protection to theannexed territory within ten (10) days of the date the ordinanceis adopted. (e) If the fire protection district from which a municipalityannexes territory under subsection (d) is indebted or has outstandingunpaid bonds or other obligations at the time the annexation iseffective, the municipality is liable for and shall pay thatindebtedness in the same ratio as the assessed valuation of theproperty in the annexed territory (that is part of the fire protectiondistrict) bears to the assessed valuation of all property in the fireprotection district, as shown by the most recent assessment fortaxation before the annexation, unless the assessed property withinthe municipality is already liable for the indebtedness. The annexingmunicipality shall pay its indebtedness under this section to the boardof fire trustees. If the indebtedness consists of outstanding unpaidbonds or notes of the fire protection district, the payments to theboard of fire trustees shall be made as the principal or interest on thebonds or notes becomes due.
(f) This subsection applies to an annexation initiated by propertyowners under section 5.1 of this chapter in which all property ownerswithin the area to be annexed petition the municipality to beannexed. Subject to subsections (b) and (d), and in the absence of anappeal under section 15.5 of this chapter, an annexation ordinancetakes effect at least thirty (30) days after its publication and upon thefiling 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
Immediate effectiveness of certain annexations
Sec. 7.1. Notwithstanding section 7(b) of this chapter, anordinance adopted under section 4 of this chapter takes effectimmediately upon the expiration of the sixty (60) day remonstranceand appeal period under section 11 or 15.5 of this chapter and afterthe publication, filing, and recording required by section 22(a) of thischapter 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 landfor property tax purposes has one (1) owner.
(3) The annexation is required to fulfill an economicdevelopment incentive package and to retain an industrythrough various local incentives, including urban enterprisezone benefits.
As added by P.L.120-1999, SEC.6.
IC 36-4-3-8
Terms and conditions in adopted ordinance
Sec. 8. (a) This section does not apply to an ordinance adoptedunder section 5 or 5.1 of this chapter.
(b) An ordinance adopted under section 3 or 4 of this chapter mustinclude terms and conditions fairly calculated to make the annexationequitable 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 morethan three (3) years; and
(2) establishing equitable provisions for the future managementand improvement of the annexed territory and for the renderingof needed services.
(c) This subsection applies to territory sought to be annexed thatmeets all of the following requirements:
(1) The resident population density of the territory is at leastthree (3) persons per acre.
(2) The territory is subdivided or is parceled through separateownerships into lots or parcels such that at least sixty percent(60%) of the total number of lots and parcels are not more thanone (1) acre.
This subsection does not apply to an ordinance annexing territorydescribed in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. Theordinance must include terms and conditions impounding in a specialfund all of the municipal property taxes imposed on the annexedterritory after the annexation takes effect that are not used to meetthe basic services described in section 13(d)(4) and 13(d)(5) of thischapter for a period of at least three (3) years. The impoundedproperty taxes must be used to provide additional services that werenot specified in the plan of annexation. The impounded propertytaxes in the fund shall be expended as set forth in this section, notlater 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 themunicipality on the provision of services to the annexed territory thatare paid for with the municipal property taxes impounded in a specialfund 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 prescribedunder 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 largestnumber of residents living within the annexed territory.
(2) One (1) member of the county fiscal body representing thedistrict with the largest number of residents living within theannexed territory.
(3) One (1) member who is:
(A) the municipal engineer if the annexing municipality hasa municipal engineer; or
(B) a licensed professional engineer appointed by themunicipal executive if the municipality does not have amunicipal engineer. (4) Two (2) citizen members appointed by the municipalexecutive who:
(A) own real property within; and
(B) reside within;
the annexed territory.
(5) Two (2) citizen members appointed by the county executivewho:
(A) own real property within; and
(B) reside within;
the annexed territory.
(d) Four (4) members of the board constitute a quorum. Anaffirmative vote of four (4) members is required for the board to takeaction.
(e) A member of the board may not receive a salary. A membermay receive reimbursement for necessary expenses, but only whenthose necessary expenses are incurred in the performance of themember's respective duties.
(f) A vacancy on the board shall be filled by the appointingauthority.
(g) The board shall serve for not longer than the date all municipalproperty 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; requiredprovisions
Sec. 8.5. (a) A municipality may, in an ordinance adopted undersection 3 or 4 of this chapter, abate a portion of the property taxliability under IC 6-1.1 for municipal purposes for all propertyowners in the annexed territory.
(b) An ordinance adopted under subsection (a) must provide thefollowing:
(1) A tax abatement program that is in effect for not more thanthree (3) taxable years after an annexation occurs.
(2) Except single family residential property described bysubdivision (3), a tax abatement for all classes of property thatdoes not exceed:
(A) seventy-five percent (75%) of a taxpayer's liability in thefirst year of the abatement program;
(B) fifty percent (50%) of a taxpayer's liability in the secondyear of the abatement program; and
(C) twenty-five percent (25%) of a taxpayer's liability in thethird year of the abatement program.
(3) For a county having a population of more than two hundredthousand (200,000) but less than three hundred thousand(300,000), a tax abatement for single family residential propertythat does not exceed:
(A) ninety percent (90%) of a taxpayer's liability in the firstyear 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 thirdyear of the abatement program;
(D) forty percent (40%) of a taxpayer's liability in the fourthyear of the abatement program; and
(E) twenty percent (20%) of a taxpayer's liability in the fifthyear of the abatement program.
(4) The procedure by which an eligible property owner receivesa 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.
IC 36-4-3-8.6
Repealed
(Repealed by P.L.3-1989, SEC.228.)
IC 36-4-3-9
Certain towns annexing territory; consents required
Sec. 9. (a) A town must obtain the consent of both themetropolitan development commission and the legislative body of acounty having a consolidated city before annexing territory withinthe county where a consolidated city is located.
(b) A town must obtain the consent of the legislative body of asecond or third class city before annexing territory within three (3)miles of the corporate boundaries of the city unless:
(1) the town that proposes to annex the territory is located in adifferent county than the city; or
(2) the annexation by the town 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 theowners of land in the territory the town proposes to annex.
(c) In determining the total number of landowners of the annexedterritory and whether signers of a consent under subsection (b)(2)(B)are landowners, the names appearing on the tax duplicate for thatterritory constitute prima facie evidence of ownership. Only one (1)person having an interest in each single property, as evidenced by thetax duplicate, is considered a landowner for purposes of this section.
(d) Each municipality that is known as an included town underIC 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.
IC 36-4-3-9.1
Annexation of territory within county; requirements
Sec. 9.1. A municipality may annex territory within a county onlyif:
(1) part or all of that municipality was within the county onJanuary 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
Liability of annexing municipality for indebtedness or otherobligations of township; payment
Sec. 10. (a) If the township from which a municipality annexesterritory is indebted or has outstanding unpaid bonds or otherobligations at the time of the annexation, the municipality is liablefor and shall pay that indebtedness in the same ratio as the assessedvaluation of the property in the annexed territory bears to theassessed valuation of all property in the township, as shown by themost recent assessment for taxation before the annexation, unless theassessed property within the municipality is already liable for theindebtedness.
(b) The annexing municipality shall pay its indebtedness underthis section to the township executive. If the indebtedness consists ofoutstanding unpaid bonds or notes of the township, the payments tothe executive shall be made as the principal or interest on the bondsor 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) Except as provided in section 5.1(i) of this chapterand subsections (d) and (e), whenever territory is annexed by amunicipality under this chapter, the annexation may be appealed byfiling with the circuit or superior court of a county in which theannexed territory is located a written remonstrance signed by:
(1) at least sixty-five percent (65%) of the owners of land in theannexed territory; or
(2) the owners of more than seventy-five percent (75%) inassessed valuation of the land in the annexed territory.
The remonstrance must be filed within ninety (90) days after thepublication of the annexation ordinance under section 7 of thischapter, must be accompanied by a copy of that ordinance, and muststate the reason why the annexation should not take place.
(b) On receipt of the remonstrance, the court shall determinewhether the remonstrance has the necessary signatures. Indetermining the total number of landowners of the annexed territoryand whether signers of the remonstrance are landowners, the namesappearing on the tax duplicate for that territory constitute prima facieevidence of ownership. Only one (1) person having an interest ineach single property, as evidenced by the tax duplicate, is considereda landowner for purposes of this section.
(c) If the court determines that the remonstrance is sufficient, itshall fix a time, within sixty (60) days of its determination, for ahearing on the remonstrance. Notice of the proceedings, in the formof a summons, shall be served on the annexing municipality. Themunicipality is the defendant in the cause and shall appear and
answer.
(d) If an annexation is initiated by property owners under section5.1 of this chapter and all property owners within the area to beannexed petition the municipality to be annexed, a remonstrance tothe annexation may not be filed under this section.
(e) This subsection applies if:
(1) the territory to be annexed consists of not more than onehundred (100) parcels; and
(2) eighty percent (80%) of the boundary of the territoryproposed to be annexed is contiguous to the municipality.
An annexation may be appealed by filing with the circuit or superiorcourt of a county in which the annexed territory is located a writtenremonstrance signed by at least seventy-five percent (75%) of theowners of land in the annexed territory as determined undersubsection (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.
IC 36-4-3-11.5
Waiver of remonstrance not required
Sec. 11.5. A landowner in an unincorporated area is not requiredto grant a municipality a waiver against remonstrance as a conditionof connection to a sewer or water service if all of the followingconditions apply:
(1) The landowner is required to connect to the sewer or waterservice because a person other than the landowner has pollutedor contaminated the area.
(2) A person other than the landowner or the municipality haspaid the cost of connection to the service.
As added by P.L.172-1995, SEC.4.
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 anddetermine the remonstrance without a jury; and
(2) without delay, enter judgment on the question of theannexation according to the evidence that either party mayintroduce.
(b) If the court enters judgment in favor of the annexation, theannexation may not take effect during the year preceding the year inwhich a federal decennial census is conducted. An annexation thatwould otherwise take effect during the year preceding a year inwhich a federal decennial census is conducted takes effect January1 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 subsections (e) and (g), at thehearing under section 12 of this chapter, the court shall order aproposed annexation to take place if the following requirements aremet:
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(b) The requirements of this subsection are met if the evidenceestablishes the following:
(1) That the territory sought to be annexed is contiguous to themunicipality.
(2) One (1) of the following:
(A) The resident population density of the territory sought tobe 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, orindustrial uses.
(c) The requirements of this subsection are met if the evidenceestablishes the following:
(1) That the territory sought to be annexed is contiguous to themunicipality as required by section 1.5 of this chapter, exceptthat at least one-fourth (1/4), instead of one-eighth (1/8), of theaggregate external boundaries of the territory sought to beannexed must coincide with the boundaries of the municipality.
(2) That the territory sought to be annexed is needed and can beused by the municipality for its development in the reasonablynear future.
(d) The requirements of this subsection are met if the evidenceestablishes that the municipality has developed and adopted a writtenfiscal plan and has established a definite policy, by resolution of thelegislative body as set forth in section 3.1 of this chapter. The fiscalplan must show the following:
(1) The cost estimates of planned services to be furnished to theterritory to be annexed. The plan must present itemizedestimated 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 willbe funded and must indicate the taxes, grants, and other fundingto be used.
(3) The plan for the organization and extension of services. Theplan must detail the specific services that will be provided andthe dates the services will begin.
(4) That planned services of a noncapital nature, includingpolice protection, fire protection, street and road maintenance,and other noncapital services normally provided within thecorporate boundaries, will be provided to the annexed territorywithin one (1) year after the effective date of annexation andthat they will be provided in a manner equivalent in standardand scope to those noncapital services provided to areas withinthe corporate boundaries regardless of similar topography,
patterns of land use, and population density.
(5) That services of a capital improvement nature, includingstreet construction, street lighting, sewer facilities, waterfacilities, and stormwater drainage facilities, will be providedto the annexed territory within three (3) years after the effectivedate of the annexation in the same manner as those services areprovided to areas within the corporate boundaries, regardless ofsimilar topography, patterns of land use, and population density,and in a manner consistent with federal, state, and local laws,procedures, and planning criteria.
(e) At the hearing under section 12 of this chapter, the court shalldo the following:
(1) Consider evidence on the conditions listed in subdivision(2).
(2) Order a proposed annexation not to take place if the courtfinds that all of the conditions set forth in clauses (A) through(D) and, if applicable, clause (E) exist in the territory proposedto be annexed:
(A) The following services are adequately furnished by aprovider 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 impacton the residents or owners of land.
(C) The annexation is not in the best interests of the ownersof land in the territory proposed to be annexed as set forth insubsection (f).
(D) One (1) of the following opposes the annexation:
(i) At least sixty-five percent (65%) of the owners of landin 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 proposedto be annexed.
Evidence of opposition may be expressed by any owner ofland in the territory proposed to be annexed.
(E) This clause applies only to an annexation in whicheighty percent (80%) of the boundary of the territoryproposed to be annexed is contiguous to the municipalityand the territory consists of not more than one hundred (100)parcels. At least seventy-five percent (75%) of the owners ofland in the territory proposed to be annexed oppose theannexation as determined under section 11(b) of this chapter.
(f) The municipality under subsection (e)(2)(C) bears the burdenof proving that the annexation is in the best interests of the ownersof land in the territory proposed to be annexed. In determining thisissue, the court may consider whether the municipality has extendedsewer or water services to the entire territory to be annexed:
(1) within the three (3) years preceding the date of theintroduction 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 resultof an order by the Indiana utility regulatory commission to constitutethe provision of water services to the territory to be annexed.
(g) This subsection applies only to cities located in a countyhaving a population of more than two hundred thousand (200,000)but less than three hundred thousand (300,000). However, thissubsection does not apply if on April 1, 1993, the entire boundary ofthe territory that is proposed to be annexed was contiguous toterritory that was within the boundaries of one (1) or moremunicipalities. At the hearing under section 12 of this chapter, thecourt 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 courtfinds that all of the following conditions exist in the territoryproposed to be annexed:
(A) The following services are adequately furnished by aprovider 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 impacton the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territoryproposed to be annexed.
(ii) The owners of more than seventy-five percent (75%)in assessed valuation of the land in the territory proposedto be annexed.
Evidence of opposition may be expressed by any owner ofland in the territory proposed to be annexed.
(h) 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 purposesof subsection (b)(2)(A), but this evidence may be rebutted by otherevidence of population density.
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.
IC 36-4-3-14
Remonstrances; hearing; change of venue; status of annexationpending Sec. 14. In a hearing under section 12 of this chapter, the lawsproviding for change of venue from the county do not apply, butchanges of venue from the judge may be had as in other cases. Costsfollow judgment. Pending the remonstrance, and during the timewithin which the remonstrance may be taken, the territory sought tobe annexed is not considered a part of the municipality.
As added by Acts 1980, P.L.212, SEC.3.
IC 36-4-3-15
Remonstrances; judgment; repeal of annexation; effective date ofannexation
Sec. 15. (a) The court's judgment under section 12 or 15.5 of thischapter must specify the annexation ordinance on which theremonstrance is based. The clerk of the court shall deliver a certifiedcopy of the judgment to the clerk of the municipality. The clerk ofthe 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 themargin of the record of the annexation ordinance.
(b) If a judgment under section 12 or 15.5 of this chapter isadverse to annexation, the municipality may not make furtherattempts to annex the territory or any part of the territory during thefour (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 highercourt;
unless the annexation is petitioned for under section 5 or 5.1 of thischapter.
(c) This subsection applies if a municipality repeals theannexation ordinance:
(1) less than sixty-one (61) days after the publication of theordinance under section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance undersection 11(c) of this chapter.
A municipality may not make further attempts to annex the territoryor any part of the territory during the twelve (12) months after thedate the municipality repeals the annexation ordinance. Thissubsection does not prohibit an annexation of the territory or part ofthe territory that is petitioned for under section 5 or 5.1 of thischapter.
(d) This subsection applies if a municipality repeals theannexation ordinance:
(1) at least sixty-one (61) days but not more than one hundredtwenty (120) days after the publication of the ordinance undersection 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance undersection 11(c) of this chapter.
A municipality may not make further attempts to annex the territoryor any part of the territory during the twenty-four (24) months afterthe date the municipality repeals the annexation ordinance. This
subsection does not prohibit an annexation of the territory or part ofthe territory that is petitioned for under section 5 or 5.1 of thischapter.
(e) This subsection applies if a municipality repeals theannexation ordinance:
(1) either:
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