§ 36-4-3-2.2 — Hearing notice to landowners

Indiana § 36-4-3-2.2

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

Text

2. (a) This section does not apply to an
annexation under section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter
or an annexation described in section 5.1 of this chapter.
(b) Before a municipality may annex territory, the municipality shall
provide written notice of the hearing required under section 2.1 of this
chapter. Except as provided in subsections (f) and (g), the notice must
be sent by:
(1) certified mail, return receipt requested; or
(2) any other means of delivery that includes a return receipt;
at least sixty (60) days before the date of the hearing to each owner of
real property, as shown on the county auditor's current tax list, whose
real property is located within the territory proposed to be annexed.
(c) For purposes of an annexation of territory described in section
2.5 of this chapter, if the hearing required under section 2.1 of this
chapter is conducted after June 30, 2010, the notice required by this
section must also be sent to each owner of real property, as shown on
the county auditor's current tax list, whose real property is adjacent to
contiguous areas of rights-of-way of the public highway that are only
included in the annexation of territory by operation of section 2.5 of
this chapter on the side of the public highway that is not part of the
annexed territory.
(d) The notice required by this section must include the following:
(1) A legal description of the real property proposed to be
annexed.
(2) The date, time, location, and subject of the hearing.
(3) A map showing the current municipal boundaries and the
proposed municipal boundaries.
(4) Current zoning classifications for the area proposed to be
annexed and any proposed zoning changes for the area proposed
to be annexed.
(5) A detailed summary of the fiscal plan, described in section 13
of this chapter, if applicable.
(6) The location where the public may inspect and copy the fiscal
plan, if applicable.
(7) A statement that the municipality will provide a copy of the
fiscal plan, if applicable, after the fiscal plan is adopted
immediately to any landowner in the annexed territory who
requests a copy.
(8) The name and telephone number of a representative of the
municipality who may be contacted for further information.
(e) If the municipality complies with this section, the notice is not
invalidated if the owner does not receive the notice.
(f) This subsection applies to an annexation under section 3 or 4 of
this chapter in which all property owners within the area to be annexed
provide written consent to the annexation. The written notice described
in this section must be sent by:
(1) certified mail, return receipt requested; or
(2) any other means of delivery that includes a return receipt;
not later than twenty (20) days before the date of the hearing to each
owner of real property, as shown on the county auditor's current tax list,
whose real property is located within the territory proposed to be
annexed.
(g) This subsection applies to an annexation under section 5.2 of
this chapter. The written notice described in this section must be sent
by:
(1) certified mail, return receipt requested; or
(2) any other means of delivery that includes a return receipt;
not later than thirty (30) days before the date of the hearing to each
owner of real property, as shown on the county auditor's current tax list,
whose real property is located within the territory proposed to be
annexed.

Legislative History

As added by P.L.248-1999, SEC.2. Amended by P.L.217-1999, SEC.2; P.L.49-2000, SEC.2; P.L.224-2001, SEC.2; P.L.69-2010, SEC.2; P.L.228-2015, SEC.5; P.L.70-2022, SEC.3.