§ 36-4-3-1.5 — Contiguous territory; annexation of public highway

Indiana § 36-4-3-1.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 4: GOVERNMENT OF CITIES AND TOWNS
• Ch. 3: Municipal Annexation and Disannexation

Text

5. (a) For purposes of this chapter, territory
sought to be annexed may be considered "contiguous" only if at least
one-eighth (1/8) of the aggregate external boundaries of the territory
coincides with the boundaries of the annexing municipality. In
determining if a territory is contiguous, a strip of land less than one
hundred fifty (150) feet wide that connects the annexing municipality
to the territory is not considered a part of the boundaries of either the
municipality or the territory.
(b) This subsection applies to an annexation for which an
annexation ordinance is adopted after June 30, 2015. A public highway
or the rights-of-way of a public highway are contiguous to:
(1) the municipality; or
(2) property in the unincorporated area adjacent to the public
highway or rights-of-way of a public highway;
if the public highway or the rights-of-way of a public highway are
contiguous under subsection (a) and one (1) of the requirements in
subsection (c) is satisfied.
(c) A public highway or the rights-of-way of a public highway are
not contiguous unless one (1) of the following requirements is met:
(1) The municipality obtains the written consent of the owners of
all property:
(A) adjacent to the entire length of the part of the public
highway and rights-of-way of the public highway that is being
annexed; and
(B) not already within the corporate boundaries of the
municipality.
A waiver of the right of remonstrance executed by a property
owner or a successor in title of the property owner for sewer
services or water services does not constitute written consent for
purposes of this subdivision.
(2) All property adjacent to at least one (1) side of the entire
length of the part of the public highway or rights-of-way of the
public highway being annexed is already within the corporate
boundaries of the municipality.
(3) All property adjacent to at least one (1) side of the entire
length of the part of the public highway or rights-of-way of the
public highway being annexed is part of the same annexation
ordinance in which the public highway or rights-of-way of a
public highway are being annexed.
A municipality may not annex a public highway or the rights-of-way of
a public highway or annex territory adjacent to the public highway or
rights-of-way of a public highway unless the requirements of this
section are met.
As added by Acts 1981, P.L.308, SEC.1. Amended by
P.L.228-2015, SEC.3; P.L.206-2016, SEC.1.