§ 13-18-15-2 — Negotiation of terms; remonstrance waivers

Indiana § 13-18-15-2

• Jurisdiction: Indiana
• Art. 18: WATER POLLUTION CONTROL
• Ch. 15: Connection to Sewage Service

Text

(a) The persons involved shall negotiate the
terms for connection and service under this chapter.
(b) If service is ordered under this chapter, a receiver of that service
that is located in an unincorporated area may grant a waiver to a
municipality providing the service. A waiver under this section:
(1) must waive the receiver's right of remonstrance against
annexation of the areas in which the service is to be provided; and
(2) may be one (1) of the terms for connection and service
described in subsection (a).
(c) The waiver, if granted:
(1) shall be noted on the deed of each property affected and
recorded as provided by law; and
(2) is considered a covenant running with the land.
(d) 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.
(e) A remonstrance waiver executed before July 1, 2003, is void.
This subsection does not invalidate an annexation that was effective on
or before July 1, 2019.
(f) A remonstrance waiver executed after June 30, 2003, and before
July 1, 2019, is subject to the following:
(1) The waiver is void unless the waiver was recorded:
(A) before January 1, 2020; and
(B) with the county recorder of the county where the property
subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not
later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on
or before July 1, 2019.
(g) A remonstrance waiver executed after June 30, 2019, is subject
to the following:
(1) The waiver is void unless the waiver is recorded:
(A) not later than thirty (30) business days after the date the
waiver was executed; and
(B) with the county recorder of the county where the property
subject to the waiver is located.
(2) A waiver that is not void under subdivision (1) expires not
later than fifteen (15) years after the date the waiver is executed.
This subsection does not invalidate an annexation that was effective on
or before July 1, 2019.
[Pre-1996 Recodification Citation: 13-7-15-1(a)
part.]

Legislative History

As added by P.L.1-1996, SEC.8. Amended by P.L.228-2015, SEC.2; P.L.257-2019, SEC.83.