§ 14-33-18-5 — Resolution establishing subdistrict; procedures

Indiana § 14-33-18-5

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 18: Subdistricts

Text

(a) A subdistrict also may be established
under this chapter for a purpose for which the district has been
established if the board passes a resolution to that effect defining the
territory of the subdistrict and each purpose. The resolution must be
filed in the court having jurisdiction of the district.
(b) The court shall hold a hearing after ordering notice to be given
as follows:
(1) By publication at least thirty (30) days before the hearing at
least one (1) time in one (1) newspaper of general circulation in
each county having land in the district.
(2) By mail to each freeholder in the proposed subdistrict.
(c) If at the hearing a remonstrance against the establishment of the
subdistrict is filed with the court signed by:
(1) thirty percent (30%) of the freeholders in the proposed
subdistrict; or
(2) thirty percent (30%) of all freeholders in the district;
the court shall dismiss the resolution. IC 14-33-2-3 applies to the
remonstrance.
(d) If the court at the hearing finds that the proposed subdistrict has
a particular need for the accomplishment of the purpose proposed, the
court shall establish the subdistrict for the purpose. After the court
establishes the purpose, the purpose is not a purpose of the district.
[Pre-1995 Recodification Citation: 13-3-3-98(e).]

Legislative History

As added by P.L.1-1995, SEC.26.