§ 36-4-3-11.1 — Filing of remonstrance with county auditor; notice; locations for signing remonstrance

Indiana § 36-4-3-11.1

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

Text

1. (a) This section applies only to an
annexation ordinance adopted after June 30, 2015.
(b) After a municipality adopts an annexation ordinance in
accordance with all applicable notice and hearing requirements under
this chapter, the annexation may not proceed unless the annexing
municipality completes the procedures set forth in this section.
(c) The proper officers of the municipality must give notice of the
applicability of the remonstrance process by providing notice by:
(1) publication in accordance with IC 5-3-1; and
(2) first class mail or certified mail with return receipt requested,
or any other means of delivery that includes a return receipt;
to the circuit court clerk and to owners of real property described in
section 2.2 of this chapter. Notice under this section must be published
and mailed or delivered on the same date that notice of the adoption of
the annexation ordinance is published under section 7 of this chapter.
(d) The notice of the applicability of the remonstrance process under
subsection (c) must state the following:
(1) Any owners of real property within the area proposed to be
annexed who want to remonstrate against the proposed
annexation must complete and file remonstrance petitions in
compliance with this chapter. The notice must state:
(A) that remonstrance petitions must be filed not later than
ninety (90) days after the date that notice of the adoption of the
annexation ordinance was published under section 7 of this
chapter; and
(B) the last date in accordance with clause (A) that
remonstrance petitions must be filed with the county auditor to
be valid.
(2) A remonstrance petition may be signed at the locations
provided by the municipality under subsection (e). The notice
must provide the following information regarding each location:
(A) The address of the location.
(B) The dates and hours during which a remonstrance petition
may be signed at the location.
(e) Beginning the day after publication of the notice under
subsection (c) and ending not later than ninety (90) days after
publication of the notice under subsection (c), the municipality shall
provide both of the following:
(1) At least one (1) location in the offices of the municipality
where a person may sign a remonstrance petition during regular
business hours.
(2) At least one (1) additional location that is available for at least
five (5) days, where a person may sign a remonstrance petition.
The location must meet the following requirements:
(A) The location must be in a public building:
(i) owned or leased by the state or a political subdivision,
including a public library, community center, or parks and
recreation building; and
(ii) located within the boundaries of the municipality or the
annexation territory.
(B) The location must be open according to the following:
(i) On a day that the location is open on a weekday, the
location must be open at a minimum from 5 p.m. to 9 p.m.
(ii) On a day that the location is open on a Saturday or
Sunday, the location must be open at least four (4) hours
during the period from 9 a.m. to 5 p.m.
(f) An additional location may not be open on a day that is a legal
holiday. At any location and during the hours that a remonstrance
petition may be signed, the municipality shall have a person present:
(1) to witness the signing of remonstrance petitions; and
(2) who shall swear and affirm before a notary public that the
person witnessed each person sign the remonstrance petition.

Legislative History

As added by P.L.228-2015, SEC.13.