§ 20-25-5-12 — Annexation by school city; procedure

Indiana § 20-25-5-12

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 25: INDIANAPOLIS PUBLIC SCHOOLS
• Ch. 5: Real Property Annexations and Transfers

Text

(a) Notwithstanding section 11 of this
chapter, a school city may effect an annexation as follows:
(1) The acquiring school corporation must adopt an annexation
resolution of the type provided in section 11 of this chapter.
Unless the losing corporation consents, the resolution may not
provide a time for annexation before July 1 following the May 1
next succeeding the last publication of the notice of annexation.
(2) The acquiring school corporation, after adopting a resolution
under subdivision (1), shall give notice of the type provided in
section 11 of this chapter by publication in the acquiring school
corporation and in the losing school corporation. The acquiring
school corporation shall also give notice to the losing school
corporation before the last publication of notice of the type
provided in section 11 of this chapter. The annexation must take
effect thirty (30) days after the last publication in the losing
school corporation or at the time provided in the resolution,
whichever is later. However, the annexation is not required to
take effect within the period required by this subdivision if a
remonstrance, based on a ground other than that set out in section
14(a)(5) of this chapter, is filed in the circuit or superior court of
the county in which the annexed territory or a part of the annexed
territory is located. The remonstrance must be filed by:
(A) the losing school corporation;
(B) not less than a majority of the owners of land in the
annexed territory; or
(C) the owners of seventy-five percent (75%) or more in
assessed valuation of the real estate in the annexed territory.
(b) For purposes of determining ownership under subsection
(a)(2)(B) and (a)(2)(C), the following rules apply:
(1) Only the record title holder or holders of a single piece of
property are considered an owner.
(2) If record title of a single piece of property is in more than one
(1) individual, all the individuals constitute only one (1) owner,
and the remonstrance of any one (1) of the individuals constitutes
the remonstrance of all the individuals, whether or not the other
individuals authorized the filing of the remonstrance.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-3-14-4.]

Legislative History

As added by P.L.1-2005, SEC.9.