§ 20-25-5-16 — Effective date of annexation

(a) If a remonstrance is filed on any ground
other than a ground set forth in section 14(a)(5) of this chapter,
annexation does not become effective until final judgment in the
remonstrance suit. A judgment is not considered final until the time for
taking an appeal has expired or, if an appeal is taken within the
permitted time, until a final judgment is issued in the appeal.
(b) A judgment of a trial court dismissing a remonstrance is a final
judgment, subject to subsection (a).
(c) If a judgment is against annexation, no further annexation of the
annexed territory may occur for two (2) years after the date of the filing
of the remonstrance. However, a judgment against annexation does not
prevent either the:
(1) acquiring school corporation; or
(2) acquiring school corporation and the losing school
corporation;
from rescinding the annexation resolution. If an annexation resolution
is rescinded under this subsection, the suit must be dismissed without
prejudice. If an annexation suit is dismissed without prejudice under
this subsection, the two (2) year prohibition does not apply unless a
subsequent annexation resolution is adopted primarily for the purpose
of harassment and not for another purpose, such as the correction of
procedural irregularities or a substantial change in the annexed territory
or the annexation resolution.
(d) If a remonstrance relates solely to a matter raised under section
14(a)(5) of this chapter, the annexation takes effect at the time
provided under section 11 or 12 of this chapter.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-3-14-8.]

Legislative History

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