CHAPTER 1. DIVISION OF COUNTY INTO TOWNSHIPS

IC 36-6
    ARTICLE 6. GOVERNMENT OF TOWNSHIPS

IC 36-6-1
    Chapter 1. Division of County Into Townships

IC 36-6-1-1
Name of township; change of name
    Sec. 1. (a) Each township is known as ___________ Township of_____________ County, according to the name of the township andthe county in which it is located.
    (b) The county executive may adopt an order to change the nameof the townships in the county. A change of name under this sectionbecomes effective when the county executive files a copy of theorder with:
        (1) the circuit court clerk; and
        (2) the office of the secretary of state.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,SEC.116; P.L.3-1997, SEC.465; P.L.123-2000, SEC.12.

IC 36-6-1-2
Boundaries; records
    Sec. 2. Accurate descriptions of township boundaries shall bemaintained in the records of the county executive.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-3
Alteration of boundaries; withdrawal of state or federally ownedland from taxation; petition; effective date of alteration
    Sec. 3. (a) When part of a township is owned by the state or theUnited States, devoted to a public use, and withdrawn from taxationfor local purposes, and:
        (1) less than eighteen (18) square miles of the township remainssubject to taxation; or
        (2) the township is divided into two (2) or more separatesections by the government owned part;
the county executive may issue an order to alter the boundaries of thetownship and adjoining townships on receipt of a petition signed byat least thirty-five percent (35%) of the resident freeholders of a partof the township adjoining another township.
    (b) Except as provided in subsection (c), a boundary alterationunder this section is effective when a copy of the order is filed with:
        (1) the circuit court clerk; and
        (2) the office of the secretary of state.
    (c) A boundary alteration under this section may not take effectduring the year preceding a year in which a federal decennial censusis conducted. A boundary alteration that would otherwise take effectduring the year preceding a year in which a federal decennial censusis conducted takes effect January 1 of the year in which a federaldecennial census is conducted.    (d) Notwithstanding subsection (c) as that subsection existed onDecember 31, 2009, a boundary alteration that took effect January 2,2010, because of the application of subsection (c), as that subsectionexisted on December 31, 2009, is instead considered to take effectJanuary 1, 2010, without any additional action being required.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,SEC.117; P.L.3-1997, SEC.466; P.L.123-2000, SEC.13;P.L.113-2010, SEC.129.

IC 36-6-1-4
Affidavit
    Sec. 4. The fact that each person signing the petition described insection 3 of this chapter is a resident freeholder must be verified byaffidavit.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-5
Abolition of township or alteration of boundaries; petition;effective date of abolition or alteration
    Sec. 5. (a) Townships other than those described in section 3 ofthis chapter may be altered or abolished by the issuance of an orderby the county executive on receipt of a petition signed by a majorityof the freeholders of the affected township or townships. Thealteration or abolition must conform to the terms of the petition.
    (b) Except as provided in subsection (c), the alteration or abolitionbecomes effective when the county executive files a copy of theorder with:
        (1) the circuit court clerk; and
        (2) the office of the secretary of state.
    (c) The alteration or abolition of a township may not take effectduring the year preceding a year in which a federal decennial censusis conducted. An alteration or abolition that would otherwise takeeffect during the year preceding a year in which a federal decennialcensus is conducted takes effect January 2 of the year in which afederal decennial census is conducted.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,SEC.118; P.L.3-1997, SEC.467; P.L.123-2000, SEC.14.

IC 36-6-1-5.5
Transfer of township area to abutting township; necessaryconditions; effective date
    Sec. 5.5. (a) This section applies to an area that meets thefollowing conditions:
        (1) Contains not more than seven hundred (700) acres.
        (2) Has a river along at least twenty-five percent (25%) of theperimeter of the area.
        (3) Abuts a different township from the township in which thearea is situated.
    (b) An area is transferred from the township in which the area issituated to the township that the area abuts if the following

conditions are met:
        (1) The transfer results in a rectangular shape for the boundariesof both of the affected townships.
        (2) A petition:
            (A) containing a legal description of the area; and
            (B) signed by at least fifty-one percent (51%) of thefreeholders in the area;
        is filed with the circuit court clerk and the office of thesecretary of state.
    (c) Section 5(c) of this chapter applies to the alteration oftownship boundaries under this section.
    (d) Except as provided in subsection (e), if the conditionsspecified in this section are met, the transfer occurs when the filingrequirements of subsection (b) are met.
    (e) The transfer may not take effect during the year preceding ayear in which a federal decennial census is conducted. A transfer thatwould otherwise take effect during the year preceding a year inwhich a federal decennial census is conducted takes effect January2 of the year in which a federal decennial census is conducted.
As added by P.L.259-1993, SEC.1. Amended by P.L.3-1997,SEC.468; P.L.123-2000, SEC.15.

IC 36-6-1-6
Surface area requirements
    Sec. 6. After creation of a township or alteration of a township'sboundaries, the township must have:
        (1) a surface area of at least twelve (12) square miles and anassessed valuation of at least two million dollars ($2,000,000);or
        (2) a surface area of at least twenty-four (24) square miles;
unless it was created or altered under section 3 of this chapter.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-7
Abolition of township or alteration of boundaries; taxing districtfor payment of existing indebtedness
    Sec. 7. After abolition of a township or alteration of a township'sboundaries, the former territory of the township comprises a taxingdistrict for the payment of township indebtedness existing at the timeof the abolition or alteration.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-8
Disannexation; existing indebtedness; fixing of tax rate
    Sec. 8. When fixing the rate of taxation necessary to pay townshipindebtedness existing at the time of a disannexation, the townshipexecutive and the township legislative body shall fix the same ratefor the disannexed territory as for territory remaining in thetownship. The township executive shall certify the tax rate for thedisannexed territory to the county auditor, who shall place the tax

rate on the tax duplicate for the disannexed territory, collect the tax,and pay it over to the township executive.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-9
Annexed territory; liability for existing indebtedness
    Sec. 9. Territory annexed to a township may not be taxed forpayment of township indebtedness existing at the time of theannexation.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-10
Abolition of township; rate of taxation for existing indebtedness;payment
    Sec. 10. After abolition of a township, the county auditor shalldetermine the rate of taxation necessary to pay the townshipindebtedness existing at the time the township was abolished. Theauditor shall place the tax rate on the tax duplicate for the abolishedtownship, collect the tax, and pay it over to the proper creditors.
As added by Acts 1980, P.L.212, SEC.5.

IC 36-6-1-11
Appeal; certification of judgment; effective date of order
    Sec. 11. (a) An action taken by a county executive under thischapter may be appealed to the circuit court of the county. Theappeal shall be heard de novo on all questions presented.
    (b) If the court orders the name change, alteration, or abolition ofa township to take place, the circuit court clerk shall, immediatelyafter the judgment of the court, certify the judgment of the circuitcourt to:
        (1) the township executive; and
        (2) the office of the secretary of state.
Except as provided in subsection (c), the order takes effect sixty (60)days after certification.
    (c) The name change, alteration, or abolition of a township maynot take effect during the year preceding a year in which a federaldecennial census is conducted. An alteration or abolition that wouldotherwise take effect during the year preceding a year in which afederal decennial census is conducted takes effect January 2 of theyear in which a federal decennial census is conducted.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,SEC.119; P.L.3-1997, SEC.469; P.L.123-2000, SEC.16.

IC 36-6-1-12
Territory of county not included in township
    Sec. 12. If any territory in a county is not included in one (1) ofthe townships established under this chapter, the territory is includedin the township that:
        (1) is contiguous to that territory; and
        (2) contains the least population of all townships contiguous to

that territory.
As added by P.L.3-1993, SEC.278.

IC 36-6-1-13
Territory of county included in more than one township
    Sec. 13. If any territory in a county is included in more than one(1) of the townships established under this chapter, the territory isincluded in the township that:
        (1) is one (1) of the townships in which the territory isdescribed under this chapter;
        (2) is contiguous to that territory; and
        (3) contains the least population of all townships contiguous tothat territory.
As added by P.L.3-1993, SEC.279.