§ 14-33-2-16 — Petition requirements and conformity

(a) At the hearing on a petition for the
establishment of a district, the court shall determine whether the
petition:
(1) bears the necessary signatures; and
(2) complies with the requirements as to form and content.
(b) The court may not dismiss a petition with the requisite
signatures because of alleged defects without permitting, in this or
subsequent proceedings, amendments to correct errors in form or
content. The court shall hear any interested person on the question.
(c) The following are prima facie evidence concerning the
requirements for signatures on a petition:
(1) Verified certification, based on personal knowledge or
information and belief, by:
(A) the persons who carried the petition; or
(B) other persons knowing the facts as to the identity of the
persons signing the petition and as to the ownership by those
persons of land within the proposed district.
(2) The records of the county auditor or county treasurer.
(d) The determination of:
(1) the number of freeholds; and
(2) the necessary number and identity of freeholders;
shall be made as of the date of filing a petition. If the petition as of that
date bears the necessary number of signatures, the petition may not be
dismissed because petitioners withdraw signatures that reduces the
number of signatures below the required amount unless the
withdrawals constitute more than fifty percent (50%) of the signers as
of the date of filing.
[Pre-1995 Recodification Citation: 13-3-3-21.]

Legislative History

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