§ 36-1-3-9 — Territorial jurisdiction; exception; petition

Indiana § 36-1-3-9

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 3: Home Rule

Text

(a) The area inside the boundaries of a county
comprises its territorial jurisdiction. However, a municipality has
exclusive jurisdiction over bridges (subject to IC 8-16-3-1), streets,
alleys, sidewalks, watercourses, sewers, drains, and public grounds
inside its corporate boundaries, unless a statute provides otherwise.
(b) The area inside the corporate boundaries of a municipality
comprises its territorial jurisdiction, except to the extent that a statute
expressly authorizes the municipality to exercise a power in areas
outside its corporate boundaries.
(c) Whenever a statute authorizes a municipality to exercise a power
in areas outside its corporate boundaries, the power may be exercised:
(1) inside the corporate boundaries of another municipality, only
if both municipalities, by ordinance, enter into an agreement
under IC 36-1-7; or
(2) in a county other than the county in which the municipal hall
is located, but not inside the corporate boundaries of another
municipality, only if both the municipality and the other county,
by ordinance, enter into an agreement under IC 36-1-7.
(d) If the two (2) units involved under subsection (c) cannot reach
an agreement, either unit may petition the circuit or superior court of
the county to hear and determine the matters at issue. The clerk of the
court shall issue notice to the other unit as in other civil actions, and the
court shall hold the hearing without a jury. There may be a change of
venue from the judge but not from the county. The petitioning unit
shall pay the costs of the action.
[Pre-Local Government Recodification Citations: subsection
(a) formerly 17-2-2.5-4 part; 18-5-10-4 part; subsection (b) formerly
18-1-1.5-1 part; subsections (c) and (d) formerly
18-1-1.5-21.]
As added by Acts 1980, P.L.211, SEC.1. Amended by
P.L.169-2015, SEC.169; P.L.149-2016, SEC.91.