§ 36-4-3-15.3 — Prohibition against annexation; settlement agreement

Indiana § 36-4-3-15.3

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

Text

3. (a) As used in this section, "prohibition
against annexation" means that a municipality may not make further
attempts to annex certain territory or any part of that territory.
(b) As used in this section, "settlement agreement" means a written
court approved settlement of a dispute involving annexation under this
chapter between a municipality and remonstrators.
(c) Under a settlement agreement between the annexing
municipality and either:
(1) seventy-five percent (75%) or more of all landowners
participating in the remonstrance; or
(2) the owners of more than seventy-five percent (75%) in
assessed valuation of the land owned by all landowners
participating in the remonstrance;
the parties may mutually agree to a prohibition against annexation of
all or part of the territory by the municipality for a period not to exceed
twenty (20) years. The settlement agreement may address issues and
bind the parties to matters relating to the provision by a municipality
of planned services of a noncapital nature and services of a capital
improvement nature (as described in section 13(d) of this chapter), in
addition to a prohibition against annexation. The settlement agreement
is binding upon the successors, heirs, and assigns of the parties to the
agreement. However, the settlement agreement may be amended or
revised periodically on further agreement between the annexing
municipality and landowners who meet the qualifications of
subdivision (1) or (2).

Legislative History

As added by P.L.300-1989, SEC.1. Amended by P.L.156-2020, SEC.138.