§ 36-4-3-19 — Disannexation; certified transcript of proceedings; list of lots affected; certified judgment; effective date of disannexation

Indiana § 36-4-3-19

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

Text

(a) If disannexation is ordered under this
chapter by the works board of a municipality and no appeal is taken,
the clerk of the municipality shall, without compensation and not later
than ten (10) days after the order is made, make and certify a complete
transcript of the disannexation proceedings to the auditor of each
county in which the disannexed lots or lands lie and to the office of the
secretary of state. The county auditor shall list those lots or lands
appropriately for taxation. The proceedings of the works board shall not
be certified to the county auditor or to the office of the secretary of
state if an appeal to the circuit court has been taken.
(b) In all proceedings begun in or appealed to the circuit court, if
vacation or disannexation is ordered, the clerk of the court shall
immediately after the judgment of the court, or after a decision on
appeal to the supreme court or court of appeals if the judgment on
appeal is not reversed, certify the judgment of the circuit court, as
affirmed or modified, to each of the following:
(1) The auditor of each county in which the lands or lots affected
lie, on receipt of one dollar ($1) for the making and certifying of
the transcript from the petitioners for the disannexation.
(2) The office of the secretary of state.
(3) The circuit court clerk of each county in which the lands or
lots affected are located.
(4) The county election board of each county in which the lands
or lots affected are located.
(5) If a board of registration exists, the board of each county in
which the lands or lots affected are located.
(6) The office of census data established by IC 2-5-1.1-12.2.
(c) The county auditor shall forward a list of lots or lands
disannexed under this section to the following:
(1) The county highway department of each county in which the
lands or lots affected are located.
(2) The county surveyor of each county in which the lands or lots
affected are located.
(3) Each plan commission, if any, that lost or gained jurisdiction
over the disannexed territory.
(4) The township trustee of each township that lost or gained
jurisdiction over the disannexed territory.
(5) The sheriff of each county in which the lands or lots affected
are located.
(6) The office of the secretary of state.
(7) The office of census data established by IC 2-5-1.1-12.2.
(8) The department of local government finance, not later than
August 1, in the manner described by the department.
The county auditor may require the clerk of the municipality to furnish
an adequate number of copies of the list of disannexed lots or lands or
may charge the clerk a fee for photoreproduction of the list.
(d) A disannexation described by this section takes effect upon the
clerk of the municipality filing the order with:
(1) the county auditor of each county in which the annexed
territory is located; and
(2) the circuit court clerk, or if a board of registration exists, the
board of each county in which the annexed territory is located.
(e) The clerk of the municipality shall notify the office of the
secretary of state and the office of census data established by IC 2-5-1.1-12.2 of the date a disannexation is effective under this chapter.
[Pre-Local Government Recodification Citation:
18-5-10-53.]
As added by Acts 1980, P.L.212, SEC.3. Amended by
P.L.218-1986, SEC.1; P.L.5-1989, SEC.99; P.L.7-1990, SEC.56;
P.L.3-1997, SEC.455; P.L.248-1999, SEC.9; P.L.217-1999, SEC.9;
P.L.212-2001, SEC.33; P.L.1-2002, SEC.158; P.L.113-2010, SEC.119;
P.L.38-2021, SEC.83; P.L.104-2022, SEC.160.