Indiana § 36-9-13-28 Leases; notice of approval; objections by taxpayers; petitions; notice
and hearing; limitations on actions and appeals

Indiana Statutes

§ 36-9-13-28 — Leases; notice of approval; objections by taxpayers; petitions; notice and hearing; limitations on actions and appeals

Indiana § 36-9-13-28

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 13County Building Authority

This text of Indiana § 36-9-13-28 (Leases; notice of approval; objections by taxpayers; petitions; notice and hearing; limitations on actions and appeals) 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 § 36-9-13-28 (2026).

Text

(a)If the terms and conditions of a proposed lease are approved under section 27 of this chapter, notice of the approval of the lease shall be given on behalf of the eligible entity by publication in accordance with IC 5-3-1. Ten (10) or more taxpayers in the eligible entity:

(1)whose tax rate will be affected by the proposed lease; and

(2)who are of the opinion that there is no necessity for the lease, or that the method of determining the lease rental is not fair and reasonable; may file a petition in the office of the county auditor within thirty (30) days after publication of notice of the approval of the lease. The petition must set forth their objections to the lease and facts showing that the lease is unnecessary or unwise, or that the method of determining the lease rental is no

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(a) If the terms and conditions of a proposed
lease are approved under section 27 of this chapter, notice of the
approval of the lease shall be given on behalf of the eligible entity by
publication in accordance with IC 5-3-1. Ten (10) or more taxpayers in
the eligible entity:
(1) whose tax rate will be affected by the proposed lease; and
(2) who are of the opinion that there is no necessity for the lease,
or that the method of determining the lease rental is not fair and
reasonable;
may file a petition in the office of the county auditor within thirty (30)
days after publication of notice of the approval of the lease. The
petition must set forth their objections to the lease and facts showing
that the lease is unnecessary or unwise, or that the method of
determining the lease rental is not fair and reasonable.
(b) Upon the filing of a petition under subsection (a), the county
auditor shall immediately certify a copy of it, together with any other
data necessary to present the questions involved, to the department of
local government finance. Not less than five (5) nor more than fifteen
(15) days after receipt of the certified petition and data, the department
of local government finance shall fix a time in the county for the
hearing of the matter. The department of local government finance may
either hold the hearing in the affected county or through electronic
means. The department of local government finance shall give notice
of the hearing to the eligible entity and to the first ten (10) petitioners
on the petition by registered mail, at least five (5) days before the date
of the hearing.
(c) The decision of the department of local government finance on
a petition under this section is final.
(d) An action to contest the validity of the lease or to enjoin the
performance of any of its terms and conditions must be instituted
within thirty (30) days after publication of notice of the approval of the
lease, or if an appeal has been taken to the department of local
government finance, within thirty (30) days after the decision of the
department.
[Pre-Local Government Recodification Citation: 19-8-4-12
part.]
As added by Acts 1981, P.L.309, SEC.86. Amended by Acts
1981, P.L.45, SEC.48; P.L.35-1990, SEC.66; P.L.90-2002, SEC.510;
P.L.38-2021, SEC.101.