Indiana § 36-1.5-4-38 Powers of reorganized political subdivision

Indiana Statutes

§ 36-1.5-4-38 — Powers of reorganized political subdivision

Indiana § 36-1.5-4-38

Title 36LOCAL GOVERNMENT

Art. 1.5GOVERNMENT MODERNIZATION

Ch. 4Reorganization by Referendum

This text of Indiana § 36-1.5-4-38 (Powers of reorganized political subdivision) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-1.5-4-38 (2026).

Text

(a)A reorganized political subdivision has the powers granted by statute to a political subdivision of the same type as the reorganized political subdivision, including a power described in subsection (b). However, if authorized by the plan of reorganization approved by the voters in a public question under this chapter, the reorganized political subdivision will exercise a power or have the officers or number of offices that a statute would have permitted any of the reorganizing political subdivisions to have.

(b)Except as provided in the plan of reorganization, a reorganized political subdivision may also do any of the following:

(1)Establish any fund that one (1) or more of the reorganizing political subdivisions (either acting on its own or jointly with another political subdivision

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(a) A reorganized political subdivision has
the powers granted by statute to a political subdivision of the same type
as the reorganized political subdivision, including a power described
in subsection (b). However, if authorized by the plan of reorganization
approved by the voters in a public question under this chapter, the
reorganized political subdivision will exercise a power or have the
officers or number of offices that a statute would have permitted any of
the reorganizing political subdivisions to have.
(b) Except as provided in the plan of reorganization, a reorganized
political subdivision may also do any of the following:
(1) Establish any fund that one (1) or more of the reorganizing
political subdivisions (either acting on its own or jointly with
another political subdivision) were authorized to establish before
the reorganization.
(2) Impose any tax levy or adopt any tax that one (1) or more of
the reorganizing political subdivisions were authorized to impose
or adopt before the reorganization.
(c) This subsection applies to reorganizations approved by voters
after June 30, 2013. Notwithstanding subsection (a), if:
(1) a first political subdivision is located in whole or in part
within one (1) or more other political subdivisions that reorganize
under this article; and
(2) the first political subdivision does not participate in or does
not approve the reorganization;
the reorganization does not affect the rights, powers, and duties of the
first political subdivision, and the reorganized political subdivision
may not exercise within the first political subdivision any right, power,
or duty unless that right, power, or duty was exercised within the first
political subdivision before the reorganization by at least one (1) of the
reorganizing political subdivisions.