§ 36-4-3-11 — Remonstrances; filing; determination of signatures; hearing

(a) This subsection applies only to an
annexation for which an annexation ordinance was adopted before July
1, 2015. Except as provided in section 5.1(i) of this chapter and
subsections (e) and (f), whenever territory is annexed by a municipality
under this chapter, the annexation may be appealed by filing with the
circuit or superior court of a county in which the annexed territory is
located a written remonstrance signed by:
(1) at least sixty-five percent (65%) of the owners of land in the
annexed territory; or
(2) the owners of more than seventy-five percent (75%) in
assessed valuation of the land in the annexed territory.
The remonstrance must be filed within ninety (90) days after the
publication of the annexation ordinance under section 7 of this chapter,
must be accompanied by a copy of that ordinance, and must state the
reason why the annexation should not take place.
(b) This subsection applies only to an annexation for which an
annexation ordinance was adopted before July 1, 2015. On receipt of
the remonstrance, the court shall determine whether the remonstrance
has the necessary signatures. In determining the total number of
landowners of the annexed territory and whether signers of the
remonstrance are landowners, the names appearing on the tax duplicate
for that territory constitute prima facie evidence of ownership. Only
one (1) person having an interest in each single property, as evidenced
by the tax duplicate, is considered a landowner for purposes of this
section.
(c) This subsection applies only to an annexation for which an
annexation ordinance was adopted before July 1, 2015. If the court
determines that the remonstrance is sufficient, the court shall fix a time,
within sixty (60) days after the court's determination, for a hearing on
the remonstrance. Notice of the proceedings, in the form of a summons,
shall be served on the annexing municipality. The municipality is the
defendant in the cause and shall appear and answer.
(d) This subsection applies only to an annexation for which an
annexation ordinance was adopted after June 30, 2015. If the
requirements of section 11.3(c) or (after December 31, 2016) section
11.4 of this chapter are met, the annexation may be appealed by filing
with the circuit or superior court of a county in which the annexed
territory is located:
(1) the signed remonstrances filed with the county auditor;
(2) the county auditor's certification under section 11.2(i) of this
chapter;
(3) the annexation ordinance; and
(4) a statement of the reason why the annexation should not take
place.
The remonstrance must be filed with the court not later than fifteen
(15) business days after the date the county auditor files the certificate
with the legislative body under section 11.2(i) of this chapter. After a
remonstrance petition is filed with the court, any person who signed a
remonstrance may file with the court a verified, written revocation of
the person's opposition to the annexation.
(e) If an annexation is initiated by property owners under section 5.1
of this chapter and all property owners within the area to be annexed
petition the municipality to be annexed, a remonstrance to the
annexation may not be filed under this section.
(f) This subsection applies only to an annexation for which an
annexation ordinance is adopted before July 1, 2015. This subsection
applies if:
(1) the territory to be annexed consists of not more than one
hundred (100) parcels; and
(2) eighty percent (80%) of the boundary of the territory proposed
to be annexed is contiguous to the municipality.
An annexation may be appealed by filing with the circuit or superior
court of a county in which the annexed territory is located a written
remonstrance signed by at least seventy-five percent (75%) of the
owners of land in the annexed territory as determined under subsection
(b).
[Pre-Local Government Recodification Citations:
18-5-10-24; 18-5-10-30 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.5-1989, SEC.95; P.L.248-1999, SEC.6; P.L.217-1999, SEC.6;
P.L.224-2001, SEC.10; P.L.173-2003, SEC.23; P.L.111-2005, SEC.6;
P.L.228-2015, SEC.12; P.L.206-2016, SEC.4.