§ 36-4-3-15 — Remonstrances; judgment; repeal of annexation; effective date of annexation

Indiana § 36-4-3-15

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

Text

(a) The court's judgment under section 12 or
15.5 of this chapter must specify the annexation ordinance on which
the remonstrance is based. The clerk of the court shall deliver a
certified copy of the final and unappealable judgment to the clerk of the
municipality. The clerk of the municipality shall:
(1) record the judgment in the clerk's ordinance record; and
(2) make a cross-reference to the record of the judgment on the
margin of the record of the annexation ordinance.
(b) If a final and unappealable judgment under section 12 or 15.5 of
this chapter is adverse to annexation, the municipality may not make
further attempts to annex the territory or any part of the territory during
the four (4) years after the later of:
(1) the judgment of the circuit or superior court; or
(2) the date of the final disposition of all appeals to a higher court;
unless the annexation is petitioned for under section 5 or 5.1 of this
chapter.
(c) This subsection applies if a municipality repeals the annexation
ordinance:
(1) less than sixty-one (61) days after the publication of the
ordinance under section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance under
section 11(c) of this chapter.
A municipality may not make further attempts to annex the territory or
any part of the territory during the twelve (12) months after the date the
municipality repeals the annexation ordinance. This subsection does
not prohibit an annexation of the territory or part of the territory that is
petitioned for under section 5 or 5.1 of this chapter.
(d) This subsection applies if a municipality repeals the annexation
ordinance:
(1) at least sixty-one (61) days but not more than one hundred
twenty (120) days after the publication of the ordinance under
section 7(a) of this chapter; and
(2) before the hearing commences on the remonstrance under
section 11(c) of this chapter.
A municipality may not make further attempts to annex the territory or
any part of the territory during the twenty-four (24) months after the
date the municipality repeals the annexation ordinance. This subsection
does not prohibit an annexation of the territory or part of the territory
that is petitioned for under section 5 or 5.1 of this chapter.
(e) This subsection applies if a municipality repeals the annexation
ordinance:
(1) either:
(A) at least one hundred twenty-one (121) days after
publication of the ordinance under section 7(a) of this chapter
but before the hearing commences on the remonstrance under
section 11(c) of this chapter; or
(B) after the hearing commences on the remonstrance as set
forth in section 11(c) of this chapter; and
(2) before the date of the judgment of the circuit or superior court
as set forth in subsection (b).
A municipality may not make further attempts to annex the territory or
any part of the territory during the forty-two (42) months after the date
the municipality repeals the annexation ordinance. This subsection
does not prohibit an annexation of the territory or part of the territory
that is petitioned for under section 5 or 5.1 of this chapter.
(f) An annexation is effective when the clerk of the municipality
complies with the filing requirement of section 22(a) of this chapter.
[Pre-Local Government Recodification Citation:
18-5-10-26.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts
1981, P.L.308, SEC.6; P.L.56-1988, SEC.14; P.L.5-1989, SEC.97;
P.L.12-1992, SEC.158; P.L.231-1996, SEC.3; P.L.2-1997, SEC.82;
P.L.248-1999, SEC.8; P.L.224-2001, SEC.11; P.L.1-2002, SEC.157;
P.L.228-2015, SEC.21.