§ 36-5-1-2 — Requirements of petition to incorporate town

(a) Proceedings to incorporate a town may be
instituted by filing a written petition in quadruplicate with the
executive of the county that contains all or a majority of the territory
sought to be incorporated. The petition must be signed by at least ten
percent (10%) of the owners of land in the territory and must state the
following:
(1) The territory is used or will, in the reasonably foreseeable
future, be used generally for commercial, industrial, residential,
or similar purposes.
(2) The territory is reasonably compact and contiguous.
(3) There is enough undeveloped land in the territory to permit
reasonable growth of the town.
(4) Incorporation is in the best interests of the citizens of the
territory.
(5) The name, telephone number, and electronic mail address (if
available) of the contact person for the petitioners.
(6) If the petitioners want the incorporation to be approved by a
public question at a special election, that the petitioners agree to
pay the costs of the special election.
(b) The signatures of the petitioners must be verified, and the
verification must include a statement that the petitioners are owners of
land in the territory sought to be incorporated.
(c) In determining the number of petitioners, not more than one (1)
person having an interest in a single parcel of land may be counted, and
a person owning more than one (1) parcel of land in the area may be
counted only once.
(d) The petition filed under subsection (a) must be accompanied by
the ordinance of any city required to consent to the incorporation under
section 7 of this chapter.
[Pre-Local Government Recodification Citation:
18-3-1-4.]
As added by Acts 1980, P.L.212, SEC.4. Amended by
P.L.195-1984, SEC.1; P.L.86-1999, SEC.1; P.L.147-2013,
SEC.1.