§ 14-33-4-2 — Procedures

Indiana § 14-33-4-2

• Jurisdiction: Indiana
• Art. 33: CONSERVANCY DISTRICTS
• Ch. 4: Additions to Districts

Text

(a) This section applies to all districts.
(b) To add area to a district already established:
(1) the same procedure must be used as is provided for the
establishment of a district with the petition addressed to the court
having jurisdiction over the district; or
(2) the board may pass a resolution adding additional area to the
district already established if the board has received a petition
that:
(A) is signed by:
(i) the majority of freeholders; or
(ii) a municipality under IC 14-33-2-7;
within the area proposed to be added; and
(B) requests the addition of the area to the district.
The resolution may contain reasonable terms and conditions
imposed on the additional area.
(c) The board shall file the resolution and petition with the court.
(d) Upon receipt of a petition or a petition and a resolution, the court
shall do the following:
(1) Set a date for a hearing.
(2) Have notice published and mailed to:
(A) the commission; and
(B) the freeholders both in the district and in the area proposed
to be added;
in the same manner in which notice is required for notice of the
hearing on the original petition to establish the district.
(e) If:
(1) an objection is not filed at the hearing by:
(A) the commission; or
(B) an owner of real property either in the district or in the area
to be added; and
(2) the court determines that the petition is proper;
the court shall order the district established in the additional area.
(f) If an objection is filed, the court shall do the following:
(1) Determine at the hearing the following:
(A) The sufficiency of the petition.
(B) The necessity and feasibility of adding the area.
(2) Make the order according to the facts found.
[Pre-1995 Recodification Citation: 13-3-3-6.]

Legislative History

As added by P.L.1-1995, SEC.26. Amended by P.L.4-2004, SEC.1.