§ 36-4-3-17 — Disannexation; petition; remonstrances; hearing; order

(a) The owner or owners of:
(1) fifty-one percent (51%) or more in number of the lots in an
addition or subdivision to a municipality; or
(2) contiguous territory within the corporate boundaries of a
municipality, constituting not less than one (1) entire block, if
platted, and not less than one (1) acre, if not platted;
may file a petition for disannexation if any of the boundaries of the
addition, subdivision, or contiguous territory forms part of the
corporate boundary of the municipality. The petition must be filed with
the works board of the municipality and must include a plat of the
territory sought to be disannexed. Notice of the petition must be given
in the manner prescribed by IC 5-3-1.
(b) A remonstrance against the granting of the petition may be filed
by:
(1) the owner of a lot in the subdivision or addition; or
(2) the owner of territory adjoining the territory sought to be
disannexed.
(c) The works board shall conduct a hearing and make a just and
equitable order on the petition. In conducting the hearing, the works
board may:
(1) subpoena witnesses;
(2) punish contempt;
(3) adjourn the hearing from time to time;
(4) make orders concerning streets and alleys, including their
vacation; and
(5) award damages.
[Pre-Local Government Recodification Citations:
18-5-10-47 part; 18-5-10-48 part; 18-5-10-50 part; 18-5-10-52
part.]
As added by Acts 1980, P.L.212, SEC.3.