§ 36-1.5-4-45 — Actions prohibited while reorganization pending

Indiana § 36-1.5-4-45

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1.5: GOVERNMENT MODERNIZATION
• Ch. 4: Reorganization by Referendum

Text

(a) Except as provided in subsections (c)
through (e), a political subdivision may not take an action described in
subsection (b) within a reorganizing political subdivision after the date
on which a plan of reorganization is finally adopted by all reorganizing
political subdivisions.
(b) A political subdivision may not take any of the following actions
partially or wholly within a reorganizing political subdivision after the
date on which a plan of reorganization is finally adopted by all
reorganizing political subdivisions unless all reorganizing political
subdivisions agree by adopting identical resolutions:
(1) Initiate an annexation of territory.
(2) Establish a fire protection territory or fire protection district.
(3) Extend water, sewer, or any other infrastructure to the political
subdivision.
(4) Expand zoning jurisdiction under IC 36-7-4-205.
(c) This chapter does not prohibit:
(1) a political subdivision subject to the reorganization from
taking an action under subsection (b) within the political
subdivision's own boundaries; and
(2) any of the reorganizing political subdivisions from taking an
action under subsection (b) for the purpose of implementing the
plan of reorganization.
(d) A political subdivision may take an action described in
subsection (b) after the date on which the reorganization is rejected by
the voters under section 33 of this chapter.
(e) If a reorganization is approved by the voters under section 34 of
this chapter, a political subdivision may not take an action under
subsection (b) until the earlier of the following:
(1) The plan of reorganization has been implemented.
(2) One (1) year after the date on which the reorganization is
approved under section 34 of this chapter.

Legislative History

As added by P.L.202-2013, SEC.26.