This text of Indiana § 36-4-3-11.2 (Remonstrance signature requirements; remonstrance forms; procedure) 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.
2.
(a)This section applies only to an
annexation ordinance adopted after June 30, 2015.
(b)A remonstrance petition may be filed by an owner of real
property that:
(1)is within the area to be annexed;
(2)was not exempt from property taxes under IC 6-1.1-10 or any
other state law for the immediately preceding year; and
(3)is not subject to a valid waiver of remonstrance.
(c)A remonstrance petition must comply with the following in order
to be effective:
(1)Each signature on a remonstrance petition must be dated, and
the date of the signature may not be earlier than the date on which
the remonstrance forms may be issued by the county auditor
under subsection (e)(7).
(2)Each person who signs a remonstrance petition must indicate
the address of the real property owned by the person in t
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2. (a) This section applies only to an
annexation ordinance adopted after June 30, 2015.
(b) A remonstrance petition may be filed by an owner of real
property that:
(1) is within the area to be annexed;
(2) was not exempt from property taxes under IC 6-1.1-10 or any
other state law for the immediately preceding year; and
(3) is not subject to a valid waiver of remonstrance.
(c) A remonstrance petition must comply with the following in order
to be effective:
(1) Each signature on a remonstrance petition must be dated, and
the date of the signature may not be earlier than the date on which
the remonstrance forms may be issued by the county auditor
under subsection (e)(7).
(2) Each person who signs a remonstrance petition must indicate
the address of the real property owned by the person in the area
to be annexed.
(3) A remonstrance petition must be verified in compliance with
subsection (e).
(d) The state board of accounts shall design the remonstrance forms
to be used solely in the remonstrance process described in this section.
The state board of accounts shall provide the forms to the county
auditor in an electronic format that permits the county auditor to copy
or reproduce the forms using:
(1) the county auditor's own equipment; or
(2) a commercial copying service.
The annexing municipality shall reimburse the county auditor for the
cost of reproducing the remonstrance forms.
(e) The county auditor's office shall issue remonstrance forms
accompanied by instructions detailing all of the following
requirements:
(1) The closing date for the remonstrance period.
(2) Only one (1) person having an interest in each single property
as evidenced by the tax duplicate is considered an owner of
property and may sign a remonstrance petition. A person is
entitled to sign a petition only one (1) time in a remonstrance
process, regardless of whether the person owns more than one (1)
parcel of real property.
(3) An individual may not be:
(A) compensated for; or
(B) reimbursed for expenses incurred in;
circulating a remonstrance petition and obtaining signatures.
(4) The remonstrance petition may be executed in several
counterparts, the total of which constitutes the remonstrance
petition. An affidavit of the person circulating a counterpart must
be attached to the counterpart. The affidavit must state that each
signature appearing on the counterpart was affixed in the person's
presence and is the true and lawful signature of the signer. The
affidavit must be notarized.
(5) A remonstrance petition that is not executed in counterparts
must be verified by the person signing the petition in the manner
prescribed by the state board of accounts and notarized.
(6) A remonstrance petition may be delivered to the county
auditor's office in person or by:
(A) certified mail, return receipt requested; or
(B) any other means of delivery that includes a return receipt.
The remonstrance petition must be postmarked not later than the
closing date for the remonstrance period.
(7) The county auditor's office may not issue a remonstrance
petition earlier than the day that notice is published under section
11.1 of this chapter. The county auditor's office shall certify the
date of issuance on each remonstrance petition. Any person may
pick up additional copies of the remonstrance petition to
distribute to other persons.
(8) A person who signs a remonstrance petition may withdraw the
person's signature from a remonstrance petition before a
remonstrance petition is filed with the county auditor by filing a
verified request to remove the person's name from the
remonstrance petition. Names may not be added to a
remonstrance petition after the remonstrance petition is filed with
the county auditor.
(f) The county auditor shall prepare and update weekly a list of the
persons who have signed a remonstrance petition. The list must include
a statement that the list includes all persons who have signed a
remonstrance petition as of a particular date, and does not represent a
list of persons certified by the county auditor as actual landowners in
the annexation territory using the auditor's current tax records under
subsection (i). The county auditor shall post the list in the office of the
county auditor. The list is a public record under IC 5-14-3.
(g) Not later than five (5) business days after receiving the
remonstrance petition, the county auditor shall submit a copy of the
remonstrance petition to the legislative body of the annexing
municipality.
(h) Not later than fifteen (15) business days after the legislative
body of the annexing municipality receives a copy of the remonstrance
petition from the county auditor, the annexing municipality shall
provide documentation to the county auditor regarding any valid waiver
of the right of remonstrance that exists on the property within the
annexation territory.
(i) Not later than fifteen (15) business days after receiving the
documentation regarding any valid waiver of the right of remonstrance
from the annexing municipality under subsection (h), if any, the county
auditor's office shall make a final determination of the number of
owners of real property within the territory to be annexed:
(1) who signed the remonstrance; and
(2) whose property is not subject to a valid waiver of the right of
remonstrance;
using the auditor's current tax records as provided in section 2.2 of this
chapter. The county auditor shall file a certificate with the legislative
body of the annexing municipality certifying the number of property
owners not later than five (5) business days after making the
determination.