§ 36-4-3-5 — Private lands; petition requesting ordinance to annex; filing; proceedings

Indiana § 36-4-3-5

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

Text

(a) This subsection applies only to a petition
requesting annexation that is filed before July 1, 2015. If the owners of
land located outside of but contiguous to a municipality want to have
territory containing that land annexed to the municipality, they may file
with the legislative body of the municipality a petition:
(1) signed by at least:
(A) fifty-one percent (51%) of the owners of land in the
territory sought to be annexed; or
(B) the owners of seventy-five percent (75%) of the total
assessed value of the land for property tax purposes; and
(2) requesting an ordinance annexing the area described in the
petition.
(b) This subsection applies only to a petition requesting annexation
that is filed after June 30, 2015. If the owners of land located outside
of but contiguous to a municipality want to have territory containing
that land annexed to the municipality, they may file with the legislative
body of the municipality a petition that meets the following
requirements:
(1) The petition is signed by at least one (1) of the following:
(A) Fifty-one percent (51%) of the owners of land in the
territory sought to be annexed. An owner of land may not:
(i) be counted in calculating the total number of owners of
land in the annexation territory; or
(ii) have the owner's signature counted;
with regard to any single property that the owner has an interest
in that was exempt from property taxes under IC 6-1.1-10 or
any other state law for the immediately preceding year.
(B) The owners of seventy-five percent (75%) of the total
assessed value of the land for property tax purposes. Land that
was exempt from property taxes under IC 6-1.1-10 or any other
state law for the immediately preceding year may not be
included in calculating the total assessed valuation of the land
in the annexation territory. The court may not count an owner's
signature on a petition with regard to any single property that
the owner has an interest in that was exempt from property
taxes under IC 6-1.1-10 or any other state law for the
immediately preceding year.
(2) The petition requests an ordinance annexing the area
described in the petition.
(c) The petition circulated by the landowners must include on each
page where signatures are affixed a heading that is substantially similar
to the following:
"PETITION FOR ANNEXATION INTO THE (insert whether city
or town) OF (insert name of city or town).".
(d) If the legislative body fails to pass the ordinance within one
hundred fifty (150) days after the date of filing of a petition under
subsection (a) or (b), the petitioners may file a duplicate copy of the
petition in the circuit or superior court of a county in which the territory
is located, and shall include a written statement of why the annexation
should take place. Notice of the proceedings, in the form of a
summons, shall be served on the municipality named in the petition.
The municipality is the defendant in the cause and shall appear and
answer.
(e) The court shall hear and determine the petition without a jury,
and shall order the proposed annexation to take place only if the
evidence introduced by the parties establishes that:
(1) essential municipal services and facilities are not available to
the residents of the territory sought to be annexed;
(2) the municipality is physically and financially able to provide
municipal services to the territory sought to be annexed;
(3) the population density of the territory sought to be annexed is
at least three (3) persons per acre; and
(4) the territory sought to be annexed is contiguous to the
municipality.
If the evidence does not establish all four (4) of the preceding factors,
the court shall deny the petition and dismiss the proceeding.
(f) This subsection does not apply to a town that has abolished town
legislative body districts under IC 36-5-2-4.1. An ordinance adopted
under this section must assign the territory annexed by the ordinance
to at least one (1) municipal legislative body district.
[Pre-Local Government Recodification Citation:
18-5-10-23.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts
1981, P.L.308, SEC.3; P.L.5-1989, SEC.93; P.L.3-1993, SEC.264;
P.L.255-1997(ss), SEC.11; P.L.224-2001, SEC.5; P.L.173-2003,
SEC.22; P.L.228-2015, SEC.9; P.L.149-2016, SEC.96.