§ 20-23-5-8 — Annexation procedure

Indiana § 20-23-5-8

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 23: ORGANIZATION OF SCHOOL CORPORATIONS
• Ch. 5: Community School Corporations: Territory Annexations

Text

An annexation may be effected by any school
corporation as follows:
(1) The acquiring and the losing school corporations shall each
adopt a substantially identical annexation resolution. The
resolution must contain the following items:
(A) The name of the acquiring school corporation, which may
differ from the name of the acquiring corporation at the time of
the adoption of the resolution, after the effective date.
(B) A description of the annexed territory. The description:
(i) must, to the greatest extent reasonably possible, be by
streets and other boundaries known by common names; and
(ii) does not have to be by legal description unless the
additional description is necessary to identify the annexed
territory.
A notice is not defective if there is a good faith compliance with
this section and if the area designated may be ascertained with
reasonable certainty by persons skilled in the area of real estate
description.
(C) The time the annexation takes place.
(D) Any terms and conditions facilitating education of students
in the:
(i) annexed territory;
(ii) losing school corporation; or
(iii) acquiring school corporation.
The terms may provide for the continued attendance by students
in the annexed territory at schools in the losing school
corporation for specified periods after annexation on a transfer
basis. If students will continue attendance in schools in the
losing school corporation, transfer tuition for the students shall
be paid by the acquiring school corporation to the losing school
corporation:
(i) using the method; and
(ii) at the rates;
provided by the Indiana statutes governing the computation and
payment of transfer tuition costs.
(E) Disposition of assets and liabilities of the losing school
corporation to the acquiring school corporation.
(F) Allocation between the acquiring and losing school
corporations of subsequently collected school taxes levied on
property in the annexed territory.
(G) The amount, if any, to be paid by the acquiring school
corporation to the losing school corporation on account of
property received from the losing school corporation.
(H) Dispositions, allocations, and amounts transferred under
this subsection must be equitable.
(2) After the adoption of the resolution, notice shall be given by
publication in both the acquiring school corporation and the
losing school corporation setting out:
(A) the text of the resolution; and
(B) a statement that the resolution has been adopted and that a
right of remonstrance exists as provided in this chapter.
(3) It is not necessary to set out the remonstrance provisions of
this chapter. A general reference to a right of remonstrance with
a reference to this chapter is sufficient.
(4) The annexation takes effect:
(A) within thirty (30) days after publication; or
(B) at the time provided in the resolution;
whichever is later, unless within the period during which a
remonstrance may be filed a remonstrance is filed in the circuit or
superior court of the county where the annexed territory or any
part of the annexed territory is located, by registered voters
residing in the losing school corporation at least equal in number
to the greater of ten percent (10%) of the number of registered
voters residing in the losing school corporation or fifty-one
percent (51%) of the number of registered voters residing in the
annexed territory.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-4-4-3.]

Legislative History

As added by P.L.1-2005, SEC.7. Amended by P.L.2-2014, SEC.82.