§ 36-4-3-11.4 — Signature requirements for annexation involving an economic development project

Indiana § 36-4-3-11.4

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

Text

4. (a) This section applies only to an
annexation that meets all of the following requirements:
(1) The annexation ordinance is adopted after December 31,
2016.
(2) Notwithstanding the contiguity requirements of section 1.5 of
this chapter, at least one-tenth (1/10) of the aggregate external
boundaries of the territory sought to be annexed coincides with
the boundaries of:
(A) the municipality; and
(B) the site of an economic development project.
(b) As used in this section, "economic development project" means
any project developed by the municipality that meets all of the
following requirements:
(1) The annexing municipality determines that the project will:
(A) promote significant opportunities for the gainful
employment of its citizens;
(B) attract a major new business enterprise to the municipality;
or
(C) retain or expand a significant business enterprise within the
municipality.
(2) The project involves expenditures by the annexing
municipality for any of the following:
(A) Land acquisition, interests in land, site improvements,
infrastructure improvements, buildings, or structures.
(B) Rehabilitation, renovation, and enlargement of buildings
and structures.
(C) Machinery, equipment, furnishings, or facilities.
(D) Substance removal or remedial action.
(c) Notwithstanding section 11.3(b) of this chapter, even if a
remonstrance has enough signatures to satisfy the requirements of
section 11.3(b) of this chapter, the annexation ordinance is not void and
may be appealed to the court under section 11 of this chapter, if all of
the following requirements are met:
(1) The economic development project site needs the following
capital services that the municipality is lawfully able to provide:
(A) water;
(B) sewer;
(C) gas; or
(D) any combination of the capital services described in clauses
(A) through (C).
(2) The municipality finds that it is in the municipality's best
interest to annex the annexation territory in order to extend,
construct, or operate the capital services that are provided to the
economic development project site.
(3) Before the date the annexation ordinance is adopted, a
taxpayer whose business will occupy the economic development
project site has done at least one (1) of the following:
(A) Filed a statement of benefits under IC 6-1.1-12.1 with the
designating body for the annexing municipality for a deduction
or abatement.
(B) Entered into an agreement with the Indiana economic
development corporation for a credit under IC 6-3.1-13.
(d) If the economic development project:
(1) has not commenced within twelve (12) months after the date
the annexation ordinance is adopted; or
(2) is not completed within thirty-six (36) months after the date
the annexation ordinance is adopted;
the annexation territory is disannexed from the municipality and reverts
to the jurisdiction of the unit having jurisdiction before the annexation.
For purposes of this subsection, an economic development project is
considered to have commenced on the day that the physical erection,
installation, alteration, repair, or remodeling of a building or structure
commences on the site of the economic development project.

Legislative History

As added by P.L.228-2015, SEC.16. Amended by P.L.1-2025, SEC.237.