Indiana § 36-8-11-5.1 Multiple county district; establishment of district

Indiana Statutes

§ 36-8-11-5.1 — Multiple county district; establishment of district

Indiana § 36-8-11-5.1

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 11Fire Protection Districts

This text of Indiana § 36-8-11-5.1 (Multiple county district; establishment of district) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-8-11-5.1 (2026).

Text

1.

(a)This section applies to a district that consists of a municipality located in two (2) counties.

(b)This section does not apply to a merged district under section 23 of this chapter.

(c)Freeholders within the proposed district who desire the establishment of a fire protection district must initiate proceedings by filing a petition to establish the district with the county auditor of the county where the freeholder's land is located. Sections 6 and 7 of this chapter apply to a petition filed under this section. The number of freeholders who signed a petition shall be certified by the county auditor of the county that is the subject of the petition. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county. (d

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1. (a) This section applies to a district that
consists of a municipality located in two (2) counties.
(b) This section does not apply to a merged district under section 23
of this chapter.
(c) Freeholders within the proposed district who desire the
establishment of a fire protection district must initiate proceedings by
filing a petition to establish the district with the county auditor of the
county where the freeholder's land is located. Sections 6 and 7 of this
chapter apply to a petition filed under this section. The number of
freeholders who signed a petition shall be certified by the county
auditor of the county that is the subject of the petition. If a petition is
filed in both counties, the county auditor of the secondary county shall
forward the petition to the primary county.
(d) The county auditor of the primary county shall present the
petition to the legislative body of the primary county at its next
regularly scheduled meeting or at a special meeting called for that
purpose. Before or at the meeting, the legislative body shall determine
whether the petition bears the necessary signatures and complies with
requirements as to form and content. The legislative body may not
dismiss a petition with the requisite signatures because of alleged
defects without permitting amendments to correct errors in form or
content.
(e) In determining whether the signers of a petition are freeholders,
the names as they appear on the tax duplicates are prima facie evidence
of the ownership of land.
(f) If the legislative body of the primary county determines that the
petition conforms to the requirements of this chapter, the primary
county or the secondary county, or both, may set a date for a public
hearing on whether a fire protection district should, as a matter of
public policy, be established in the area proposed in the petition. The
district is established when both legislative bodies adopt an identical
ordinance or resolution establishing the district.