§ 36-4-3-15.5 — Appeals after final publication of annexation ordinance; procedure

Indiana § 36-4-3-15.5

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

Text

5. (a) Except as provided in subsection (b):
(1) an owner of land within one-half (1/2) mile of territory
proposed to be annexed under this chapter; or
(2) a municipality located in the same county as the territory
proposed to be annexed;
may, not later than sixty (60) days after the publication of the
annexation ordinance, appeal that annexation to a circuit court or
superior court of a county in which the annexed territory is located. The
complaint must state that the reason the annexation should not take
place is that the territory sought to be annexed is not contiguous to the
annexing municipality.
(b) This subsection applies to an annexation initiated by property
owners under section 5.1 of this chapter in which all property owners
within the area to be annexed petition the municipality to be annexed.
Either of the following may appeal that annexation to a circuit court or
superior court of a county in which the annexed territory is located:
(1) An owner of land within one-half (1/2) mile of the territory
proposed to be annexed under this chapter.
(2) A municipality located in the same county as the territory
proposed to be annexed.
An appeal under this subsection must be filed not later than thirty (30)
days after the publication of the annexation ordinance. The complaint
must state that the reason the annexation should not take place is that
the territory sought to be annexed is not contiguous to the annexing
municipality.
(c) Upon the determination of the court that the complaint is
sufficient, the judge shall fix a time for a hearing to be held not later
than sixty (60) days after the determination. Notice of the proceedings
shall be served by summons upon the proper officers of the annexing
municipality. The municipality shall become a defendant in the cause
and be required to appear and answer. The judge of the circuit or
superior court shall, upon the date fixed, proceed to hear and determine
the appeal without a jury, and shall, without delay, give judgment upon
the question of the annexation according to the evidence introduced by
the parties. If the evidence establishes that the territory sought to be
annexed is contiguous to the annexing municipality, the court shall
deny the appeal and dismiss the proceeding. If the evidence does not
establish the foregoing factor, the court shall issue an order to prevent
the proposed annexation from taking effect. The laws providing for
change of venue from the county do not apply, but changes of venue
from the judge may be had. Costs follow judgment. Pending the appeal,
and during the time within which the appeal may be taken, the territory
sought to be annexed is not a part of the annexing municipality.
As added by Acts 1981, P.L.308, SEC.7. Amended by
P.L.5-1989, SEC.98; P.L.224-2001, SEC.12; P.L.113-2010, SEC.118;
P.L.207-2014, SEC.2; P.L.104-2022, SEC.159.