Ind. Code § 36-7.7-5-1 — Indiana Code / Title 36 / Article 7.7 / Chapter 5 / Section 36-7.7-5-1
Duties
Status: in_force

Sec. 1. A development authority shall do the following:

(1) Assist in the coordination of local efforts concerning projects that are of regional importance.

(2) Assist a county, a municipality, a commuter transportation district, an airport authority, and a regional transportation authority in coordinating regional transportation and economic development efforts.

(3) Fund projects that are of regional importance, as provided in this article.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-8-19-2 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-2
"Participating unit"
Status: in_force

Sec. 2. As used in this chapter, "participating unit" refers to a unit or fire protection district that adopts an ordinance or a resolution under section 6 of this chapter.

As added by P.L.37-1994, SEC.3. Amended by P.L.47-2007, SEC.1; P.L.255-2017, SEC.41.
Ind. Code § 36-7-4-924 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-924
Alternate procedure for disposition of petitions or applications; objections; commitments; appeals
Status: in_force

Sec. 924. (a) In establishing the alternate procedure under section 923 of this chapter, the plan commission may adopt rules or recommend ordinances:

(1) limiting the kinds of variance, special exception, special use, contingent use, or conditional use petitions or applications that may be filed under the alternate procedure;

(2) permitting the hearing officer, in appropriate circumstances, to transfer a petition or an application filed under the alternate procedure to the board of zoning appeals;

(3) requiring the creation of minutes and records of the proceedings before the hearing officer and the filing of the minutes and records as public records; and

(4) regulating conflicts of interest and communication with the hearing officer, so as to require the same level of conduct as is required by the 900 series of this chapter.

(b) The staff (as defined by the zoning ordinance), if any, may file a written objection to a petition or an application for a variance, exception, or use if:

(1) it would be injurious to the public health, safety, morals, and general welfare of the community; or

(2) the use or value of the area adjacent to the property included would be affected in a substantially adverse manner.

(c) If a written objection is filed under subsection (b), the petition or application shall:

(1) be considered withdrawn; or

(2) be transferred to the board of zoning appeals if requested by the petitioner or applicant.

(d) The staff (as defined by the zoning ordinance), if any, may indicate that it does not object to the approval of the variance, exception, or use if specified conditions are attached. If the petitioner or applicant does not accept these conditions, the petition or application shall:

(1) be considered withdrawn; or

(2) be transferred to the board of zoning appeals if requested by the petitioner or applicant.

(e) The hearing officer may impose conditions and may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that parcel, as provided in section 1015 of this chapter. If the petitioner or applicant for the variance, exception, or use does not accept these conditions or make the commitment, the petition or application shall:

(1) be considered withdrawn; or

(2) be transferred to the board of zoning appeals if requested by the petitioner or applicant.

(f) The hearing officer may not modify or terminate any commitment, whether made under this section or section 1015 of this chapter. Commitments made under this section may be modified or terminated only by the board of zoning appeals.

(g) A decision of a hearing officer under the alternate procedure may not be a basis for judicial review, but it may be appealed to the board of zoning appeals. An interested person who wishes to appeal a decision of a hearing officer under the alternate procedure must file the appeal with:

(1) the board of zoning appeals if the board of zoning appeals consists of only one (1) division; or

(2) a division of the board of zoning appeals if the board of zoning appeals consists of more than one (1) division;

within five (5) days after the decision is made.

As added by P.L.357-1983, SEC.21. Amended by P.L.320-1995, SEC.16; P.L.126-2011, SEC.32.
Ind. Code § 36-1-8-8.5 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-8.5
Establishing fraud hotline
Status: in_force

Sec. 8.5. An executive or a fiscal officer of a unit may establish a fraud hotline telephone number maintained by the unit that the public may use to report suspected fraudulent activity concerning officers or employees of the unit, including misuse of public funds.

As added by P.L.181-2015, SEC.47.
Ind. Code § 36-7-39-3.5 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-3.5
Fund
Status: in_force

Sec. 3.5. (a) The northeast Indiana strategic development fund is established for the purpose of carrying out this chapter. The fund shall be administered by the commission.

(b) The fund consists of the following:

(1) Fees collected under this chapter.

(2) Appropriations.

(3) Gifts, contributions, and grants.

(c) The expenses of administering the fund shall be paid from money in the fund.

(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.

(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

(f) Money in the fund is continuously appropriated for the purposes set forth in this chapter.

(g) Money in the fund may not be used for the purposes of expanding or increasing access to broadband.

As added by P.L.186-2023, SEC.1 and P.L.201-2023, SEC.278.
Ind. Code § 36-8-4.7-5 — Indiana Code / Title 36 / Article 8 / Chapter 4.7 / Section 36-8-4.7-5
Waiver of maximum age for appointment to police or fire department; waiver requirements; 1977 fund membership
Status: in_force

Sec. 5. (a) Notwithstanding any contrary law, an appointing authority shall waive any age restriction for a person not more than forty (40) years and six (6) months of age that applies to the appointment and hiring of an individual as:

(1) a member of the police department; or

(2) a member of the fire department;

if the individual meets the requirements of subsection (b).

(b) An individual who meets all the following requirements is entitled to the waiver described in subsection (a):

(1) On the date the individual applies to be appointed and hired as:

(A) a member of the police department; or

(B) a member of the fire department;

the individual is a veteran who has completed at least twenty (20) years of military service.

(2) The individual received or is eligible to receive a discharge from the armed forces of the United States under conditions other than conditions set forth in IC 10-17-12-8.1(2).

(3) The individual meets all other requirements for appointment and hiring as:

(A) a member of the police department; or

(B) a member of the fire department;

including all physical requirements.

(c) An individual who is entitled to the waiver described in subsection (a) is eligible to become a member of the 1977 fund.

As added by P.L.115-2016, SEC.3. Amended by P.L.238-2025, SEC.94; P.L.94-2026, SEC.88.
Ind. Code § 36-1-8-5 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-5
Funds raised by general or special tax levy; disposition of unused balance; transfers to local rainy day fund
Status: in_force

Sec. 5. (a) This section applies to all funds raised by a general or special tax levy on all the taxable property of a political subdivision.

(b) Whenever the purposes of a tax levy have been fulfilled and an unused and unencumbered balance remains in the fund, the fiscal body of the political subdivision shall order the balance of that fund to be transferred as follows, unless a statute provides that it be transferred otherwise:

(1) Funds of a county, to the general fund or rainy day fund of the county, as provided in section 5.1 of this chapter.

(2) Funds of a municipality, to the general fund or rainy day fund of the municipality, as provided in section 5.1 of this chapter.

(3) Funds of a township for redemption of township assistance obligations, to the township assistance fund of the township or rainy day fund of the township, as provided in section 5.1 of this chapter.

(4) Funds of any other political subdivision, to the general fund or rainy day fund of the political subdivision, as provided in section 5.1 of this chapter. However, if the political subdivision is dissolved or does not have a general fund or rainy day fund and is not a school corporation, then to the general fund of each of the units located in the political subdivision in the same proportion that the assessed valuation of the unit bears to the total assessed valuation of the political subdivision. In the case of a school corporation, the school corporation may transfer the amount received to any of its funds.

(c) Whenever an unused and unencumbered balance remains in the civil township fund of a township and a current tax levy for the fund is not needed, the township fiscal body may order any part of the balance of that fund transferred to the debt service fund of the school corporation located in or partly in the township. However, if more than one (1) school corporation is located in or partly in the township, then any sum transferred shall be transferred to the debt service fund of each of those school corporations in the same proportion that the part of the assessed valuation of the school corporation in the township bears to the total assessed valuation of the township.

(d) Whenever any township has collected any fund for the special or specific purpose of erecting or constructing a school building and the township trustee of the township decides to abandon the proposed work of erecting or constructing the school building, the township trustee of the township shall transfer the fund collected for the special or specific purpose to the township fund of the township, upon the order of the township board to make the transfer. It is lawful thereafter to use the funds for any purpose for which the township funds of the township may be used.

(e) Transfers to a political subdivision's rainy day fund may be made at any time during the political subdivision's fiscal year.

[Pre-Local Government Recodification Citations: 17-4-33-1; 19-11-1-1; 19-11-1-2; 19-11-1-4.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-2001, SEC.1; P.L.173-2003, SEC.18; P.L.73-2005, SEC.171; P.L.169-2006, SEC.46; P.L.2-2006, SEC.185; P.L.1-2007, SEC.238; P.L.233-2015, SEC.328; P.L.244-2017, SEC.124.
Ind. Code § 36-1.5-4.1-17 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-17
Adoption of township services district levy
Status: in_force

Sec. 17. (a) In 2028 and each year thereafter, the fiscal body of the recipient municipality shall, in the manner provided by IC 6-1.1-17, adopt a township services district levy for the ensuing year.

(b) If a recipient municipality fails to adopt a township services district levy, the township service district's most recently approved township services levy is continued for the ensuing budget year.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-3-2-9 — Indiana Code / Title 36 / Article 3 / Chapter 2 / Section 36-3-2-9
Federal manpower program; approval to operate or be prime sponsor
Status: in_force

Sec. 9. Before a political subdivision located within the corporate boundaries of the consolidated city may operate or be the prime sponsor of a federal manpower program, it must obtain the approval of both the executive and the legislative body of the consolidated city.

[Pre-Local Government Recodification Citation: 18-4-4-2.5.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-4-6-23 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-23
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 18-1-4-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Repealed by Acts 1980, P.L.73, SEC.23.
Ind. Code § 36-1-15-6 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-6
Restrictions on indebtedness
Status: in_force

Sec. 6. Subject to section 7 of this chapter, a political subdivision may not become indebted in any manner or for any purpose in an amount in the aggregate that exceeds two percent (2%) of the latest adjusted value of taxable property determined for the political subdivision immediately preceding the incurring of the indebtedness. However, if a statute limits the debt of a political subdivision to a percentage other than two percent (2%) of the value of taxable property in the political subdivision, the political subdivision may not become indebted in an amount that exceeds the percentage set by statute multiplied by the latest adjusted value of taxable property determined for the political subdivision immediately preceding the incurring of the indebtedness.

As added by P.L.6-1997, SEC.203.
Ind. Code § 36-7-4-1200 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1200
1200 Series—Township joinder
Status: in_force

Sec. 1200. This series (sections 1200 through 1299 of this chapter) may be cited as follows: 1200 SERIES─TOWNSHIP JOINDER.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.23.
Ind. Code § 36-9-28.5-6 — Indiana Code / Title 36 / Article 9 / Chapter 28.5 / Section 36-9-28.5-6
Statutory compliance of policy
Status: in_force

Sec. 6. A policy adopted by a legislative body of a unit under this chapter must comply with IC 36-7-4-702(f).

As added by P.L.172-2025, SEC.5.
Ind. Code § 36-8-2.1-3 — Indiana Code / Title 36 / Article 8 / Chapter 2.1 / Section 36-8-2.1-3
"Police department"
Status: in_force

Sec. 3. As used in this chapter, "police department" means a police department established by:

(1) a county;

(2) a city;

(3) a town;

(4) the state;

(5) a school corporation (as described under IC 20-26-16);

(6) a postsecondary educational institution (as described under IC 21-17-5-2 or IC 21-39-4-2); or

(7) a hospital under IC 16-18-4.

As added by P.L.271-2019, SEC.1. Amended by P.L.238-2025, SEC.91.
Ind. Code § 36-8-28-1 — Indiana Code / Title 36 / Article 8 / Chapter 28 / Section 36-8-28-1
"Local unit"
Status: in_force

Sec. 1. As used in this chapter, "local unit" means any:

(1) unit as defined in IC 36-1-2-23;

(2) fire protection district established under IC 36-8-11; or

(3) fire protection territory established under IC 36-8-19.

As added by P.L.230-2025, SEC.147.
Ind. Code § 36-9-4-43 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-43
Issuance of bonds by municipality; procedure
Status: in_force

Sec. 43. If the legislative body of a municipality decides to issue bonds to obtain all or part of the money to be expended for the establishment and maintenance of an urban mass transportation system under this chapter, the legislative body may issue the bonds of the municipality in the same manner as bonds for the general purposes of the municipality. However, the bonds may be sold to the federal government at private sale and without a public offering.

[Pre-Local Government Recodification Citation: 19-5-2-25.]

As added by Acts 1981, P.L.309, SEC.77.
Ind. Code § 36-2-14-5.3 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-5.3
Reproduction of original coroner's records; destruction or transfer of reproduced records; legal status of reproduced records; coroner immunity from liability under records statute
Status: in_force

Sec. 5.3. (a) Notwithstanding IC 5-15-5.1, IC 5-15-6, or any rule, standard, or retention schedule adopted under IC 5-15-5.1 or IC 5-15-6, a coroner may do the following:

(1) Determine the materials, processes, and standards used to:

(A) correctly and accurately reproduce an original record (including producing an electronic record); and

(B) store a reproduction of an original record (including using cloud based document storage);

of the office of the coroner.

(2) At the time determined by the coroner, destroy or transfer an original record to the Indiana state archives after the coroner reproduces the record in accordance with the determination under subdivision (1).

(b) This subsection applies to records concerning a death that is the subject of a criminal investigation or proceeding. Notwithstanding any other provision of this section, a coroner shall retain the original record of the following until final disposition of all appeals:

(1) Coroner's verdict and written report.

(2) Coroner's report containing the identification of the deceased, time and date of death, and officers and officials present.

(3) Coroner's autopsy report, including the written document of the complete autopsy, photographs, video recordings, audio recordings, any health records, and the pathologist's finding, produced by the pathologist.

(4) Scene photographs.

(5) Toxicology report.

(6) Evidence generated by the coroner's office, including DNA stain card and suicide notes.

(7) Investigative report or investigative notes.

(8) Coroner's release for cremation.

(9) Chain of custody and property release form.

(10) Clothing and personal property form.

(c) Copies, recreations, or reproductions made under subsection (a):

(1) shall have the same force and effect at law as the original record destroyed under subsection (a)(2); and

(2) shall be received as evidence in any court where the original record could have been so introduced;

if the copies, recreations, or reproductions are properly certified as to authenticity and accuracy by the coroner.

(d) A coroner who destroys an original record in accordance with the authority of the coroner under this section is immune from liability under IC 5-15-6-8.

As added by P.L.73-2023, SEC.2. Amended by P.L.9-2024, SEC.545.
Ind. Code § 36-3-6-1 — Indiana Code / Title 36 / Article 3 / Chapter 6 / Section 36-3-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to each consolidated city and its county.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.2.
Ind. Code § 36-1.5-4.1-2 — Indiana Code / Title 36 / Article 1.5 / Chapter 4.1 / Section 36-1.5-4.1-2
Chapter is controlling
Status: in_force

Sec. 2. To the extent that other provisions in this article conflict with this chapter, this chapter controls.

As added by P.L.134-2026, SEC.3.
Ind. Code § 36-2-16-8 — Indiana Code / Title 36 / Article 2 / Chapter 16 / Section 36-2-16-8
County assessor authorized to appoint deputies and employees; required level of certification; authorized appointments when the county assessor has not attained the required level of certification
Status: in_force

Sec. 8. (a) The county assessor may appoint the number of full-time or part-time deputies and employees authorized by the county fiscal body.

(b) Before July 1, 2017, an employee of the county assessor who performs real property assessing duties must have attained the level of certification under IC 6-1.1-35.5 that the county assessor is required to attain under IC 36-2-15-2(b).

(c) After June 30, 2017, an employee of the county assessor who is responsible for placing an assessed valuation on real property must have attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.

(d) This subsection applies after June 30, 2017. If the county assessor has not attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5, the county fiscal body shall authorize either of the following:

(1) The appointment of at least one (1) deputy or employee who has attained the certification of a level three assessor-appraiser under IC 6-1.1-35.5.

(2) Contracting with a person who has attained, or who employs for purposes of the contract an individual who has attained, the certification of a level three assessor-appraiser under IC 6-1.1-35.5. The individual under contract with the county assessor under this subdivision shall assist the county assessor with assessment duties as determined by the county assessor.

Payment for the deputy, employee, or contractor shall be made from the budget for the county assessor.

[Pre-Local Government Recodification Citation: 17-3-71-2 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.11, SEC.157; P.L.146-2008, SEC.699; P.L.167-2015, SEC.13.
Ind. Code § 36-7.5-1-15.3 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-15.3
"Regional transportation authority"
Status: in_force

Sec. 15.3. "Regional transportation authority" means a regional transportation authority established under IC 36-9-3-2.

As added by P.L.47-2006, SEC.52.
Ind. Code § 36-2-5-3.5 — Indiana Code / Title 36 / Article 2 / Chapter 5 / Section 36-2-5-3.5
Additional compensation; county assessor; elected township assessor; deputy assessor; certification
Status: in_force

Sec. 3.5. (a) The county fiscal body shall establish a salary schedule in which the salary of a county assessor who has attained a level three certification under IC 6-1.1-35.5 is at least one thousand five hundred dollars ($1,500) more than the salary of a county assessor who has a level two certification. A salary schedule established under this subsection may take into account salary adjustments retained under subsection (c). If a county assessor who takes office with a level two certification attains a level three certification not later than January 1 of the third year of the county assessor's term of office, the county assessor is entitled to be paid the salary of a county assessor who has attained a level three certification, beginning on the date the county assessor attains the level three certification.

(b) The county fiscal body shall establish a salary schedule in which the salary of an elected township assessor of the county who has attained a level three certification under IC 6-1.1-35.5 is at least one thousand five hundred dollars ($1,500) more than the salary of an elected township assessor who has a level two certification. A salary schedule established under this subsection may take into account salary adjustments retained under subsection (c). If a township assessor who takes office with a level two certification attains a level three certification not later than January 1 of the third year of the township assessor's term of office, the township assessor is entitled to be paid the salary of a township assessor who has attained a level three certification, beginning on the date the township assessor attains the level three certification.

(c) Beginning January 1, 2016, the following apply:

(1) The one thousand dollar ($1,000) additional annual compensation paid under section 3(b) of this chapter (as it read on December 31, 2015) to a county assessor or an elected township assessor who has attained a level two or level three certification under IC 6-1.1-35.5 shall be paid as part of the annual compensation of the assessor.

(2) The five hundred dollar ($500) additional annual compensation paid under section 3(b) of this chapter (as it read on December 31, 2015) to a county or township deputy assessor who has attained a level two or level three certification under IC 6-1.1-35.5 shall be paid as part of the annual compensation of the deputy assessor.

It is the intent of this subsection that after December 31, 2015, there not be a reduction in the annual compensation paid to an individual under section 3(b) of this chapter because of its removal from the Indiana Code on January 1, 2016.

(d) The county fiscal body shall establish a salary schedule in which the salary of county or township deputy assessor who has attained a level two or level three certification under IC 6-1.1-35.5 is at least five hundred dollars ($500) more than the salary of a deputy assessor who has not attained a level two or a level three certification, beginning on the date the township assessor attains the level two or level three certification. A salary schedule established under this subsection may take into account salary adjustments retained under subsection (c).

As added by P.L.167-2015, SEC.5. Amended by P.L.149-2016, SEC.94.
Ind. Code § 36-9-42.2-3.5 — Indiana Code / Title 36 / Article 9 / Chapter 42.2 / Section 36-9-42.2-3.5
"Metropolitan planning organization"
Status: in_force

Sec. 3.5. As used in this chapter, "metropolitan planning organization" means a federally mandated transportation policy making organization that:

(1) is designated to serve a particular transportation planning area within the state; and

(2) receives, directly or indirectly, federal funds.

As added by P.L.218-2017, SEC.95.
Ind. Code § 36-7-30.5-25 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-25
Lessor of property
Status: in_force

Sec. 25. (a) Any of the following persons may lease facilities referred to in section 24 of this chapter to a development authority under this chapter:

(1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana.

(2) A partnership, an association, a limited liability company, or a firm.

(3) An individual.

(4) A redevelopment authority established under IC 36-7-14.5.

(b) Notwithstanding any other law, a lessor under this section and section 24 of this chapter is a qualified entity for purposes of IC 5-1.4.

(c) Notwithstanding any other law, a military base development facility leased by the development authority under this chapter from a lessor borrowing bond proceeds from a unit under IC 36-7-12 is an economic development facility for purposes of IC 36-7-11.9-3 and IC 36-7-12.

(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by a development authority to a lessor described in subsection (c) may be made from sources set forth in section 24 of this chapter if the payments and the lease are structured to prevent the lease obligation from constituting a debt of a unit or the district for purposes of the Constitution of the State of Indiana.

As added by P.L.203-2005, SEC.11.
Ind. Code § 36-8-7.5-11 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-11
Investments of local board
Status: in_force

Sec. 11. (a) The local board shall determine how much of the 1953 fund may be safely invested and how much should be retained for the needs of the fund. The investment shall be made in interest bearing direct obligations of the United States, obligations or issues guaranteed by the United States, bonds of the state of Indiana or any political subdivision, or street, sewer, or other improvement bonds of the state of Indiana or any political subdivision. However, the local board may not invest in obligations issued by the consolidated city, the county, or any political subdivision in the county. Any securities shall be deposited with and remain in the custody of the treasurer of the local board, who shall collect the interest due on them as it becomes due and payable. The local board may sell any of the securities belonging to the 1953 fund and borrow money upon the securities as collateral whenever in the judgment of the local board this action is necessary to meet the cash requirements of the 1953 fund.

(b) The revenues derived from the tax levy authorized by section 10(c) of this chapter may not be invested but shall be used for the exclusive purpose of paying the pensions and benefits that the local board is obligated to pay. These revenues are in addition to all money derived from the income on the investments of the board.

(c) Investments under this section are subject to section 1.5 of this chapter.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.55-1989, SEC.58.
Ind. Code § 36-9-27-64 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-64
Construction of drains depriving property owners of ingress and egress; damage awards
Status: in_force

Sec. 64. (a) Whenever:

(1) a new open drain is to be constructed under this chapter; and

(2) the drain will cross a tract of land in such a manner that the owner of the tract will be deprived of ingress and egress to part of the tract unless a private crossing is constructed across the drain;

the board shall award damages to the owner in an amount equal to the cost of constructing a proper crossing. In determining the type and quality of the crossing, the board shall consider the use of the inaccessible land, the frequency of the crossing's use, the purpose of the crossing's use, and any other appropriate factors.

(b) When an owner is entitled to damages under subsection (a), the owner may, in lieu of accepting damages awarded by the board, file with the board the owner's written consent to the construction of the crossing as part of the construction of the drain. The county surveyor shall then include the construction of the crossing in the county surveyor's plans and specifications for the drain, but the future maintenance of the crossing will then be the responsibility of the owner.

[Pre-Local Government Recodification Citation: 19-4-6-6 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.352.
Ind. Code § 36-7-22-22 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-22
Powers of the board to finance economic improvement projects
Status: in_force

Sec. 22. The board may:

(1) exercise of any of the powers of a unit under IC 36-7-12-18 or IC 36-7-12-18.5; or

(2) issue revenue bonds;

to finance an economic improvement project.

As added by P.L.131-2008, SEC.56.
Ind. Code § 36-9-29-5 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-5
Court hearing; objections; judgment; dismissal; interlocutory order on boundaries; continued hearing
Status: in_force

Sec. 5. (a) The circuit court, superior court, or probate court shall hear a petition filed under section 4 of this chapter without a jury. The hearing may be continued and adjourned from time to time as the court may direct. There may be a change of judge as in civil cases, but no change of venue from the county.

(b) All persons affected by the establishment of the proposed flood control district or the construction of the proposed flood control district or the construction of the proposed flood control works may file objections showing any reason why:

(1) the district should not be established;

(2) the works should not be constructed; or

(3) their property should or should not be included in the proposed district.

The court shall hear evidence and determine the facts upon these issues. All objections shall be filed at least two (2) days before the date fixed for the hearing.

(c) If the court finds that a necessity exists for the establishment of a flood control district and the construction and installation of flood control works as requested by the petition, the court shall render judgment accordingly and shall enter a decree establishing the district, describing it in such a manner that the property included in it may be sufficiently identified and segregated to permit the levy and collection of the special taxes provided for by this chapter. There is no appeal from such a judgment, and, after the entry of such a decree, the establishment of the district may not be questioned in any action or proceeding, except as otherwise provided by this chapter.

(d) If the court finds that no necessity exists for the establishment of the flood control district, the proceedings shall be dismissed at the cost of the petitioning city.

(e) If it appears to the court that the boundaries of the flood control district as described in the declaratory resolution should be changed, or that changes in the flood control works as described in the declaratory resolution should be made, and that such changes will beneficially or injuriously affect property that would not have been so affected by the district and works proposed in the declaratory resolution, then the court may enter an interlocutory order to that effect and fix a time for further hearing on the petition.

(f) The date for a hearing under subsection (e) may not be less than ten (10) nor more than fifteen (15) days after the order. The court shall direct the clerk of the court to publish a notice of the hearing that sets out a brief summary of the order, including a brief description of the changes the court proposes to make in respect to the boundaries or works. The notice shall be published in accordance with IC 5-3-1. The notice must state the time and place for the continuation of the hearing on the petition, and advise all parties affected by the proposed changes that they may appear and be heard. Objections may be filed in the manner prescribed by subsection (a), but must be filed at least two (2) days before the time fixed for the continuation of the hearing and must be based solely on the changes proposed to be made. If, at the conclusion of the continued hearing, the court finds that all or part of the proposed changes should be made, or that the district should be established and the works constructed as provided for in the declaratory resolution, the court shall render judgment accordingly and enter a decree as provided under subsection (c).

[Pre-Local Government Recodification Citation: 19-4-18-3.]

As added by Acts 1981, P.L.309, SEC.105. Amended by Acts 1981, P.L.45, SEC.88; P.L.84-2016, SEC.192.
Ind. Code § 36-7-4-1307 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1307
"Impact zone" defined
Status: in_force

Sec. 1307. As used in this series, "impact zone" means a geographic area designated under section 1315 of this chapter.

As added by P.L.221-1991, SEC.8.
Ind. Code § 36-8-4-6 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-6
Promotions
Status: in_force

Sec. 6. (a) This section applies only to:

(1) police departments in second and third class cities having a population of ten thousand (10,000) or more; and

(2) fire departments in second and third class cities;

that are not governed by a merit system prescribed by statute or ordinance.

(b) Promotion of police officers or firefighters must be from the active personnel of the department.

(c) A person appointed fire chief must have had at least five (5) years of continuous service with the department immediately before the fire chief's appointment. However, this requirement may be waived by a majority vote of the city legislative body upon request of the city executive, although the person must still have at least five (5) years service with a full-time, paid fire department or agency.

(d) A person appointed to a rank other than police or fire chief or deputy police chief must have had at least two (2) years of continuous service with the department immediately before the person's appointment.

[Pre-Local Government Recodification Citations: 19-1-27-1; 19-1-36-1.]

As added by Acts 1981, P.L.309, SEC.53. Amended by Acts 1981, P.L.315, SEC.4; P.L.348-1987, SEC.2; P.L.127-2017, SEC.237.
Ind. Code § 36-7-7.6-16 — Indiana Code / Title 36 / Article 7 / Chapter 7.6 / Section 36-7-7.6-16
Advisory committees
Status: in_force

Sec. 16. (a) The commission must appoint advisory committees to assist in the achievement of its objectives. The membership of advisory committees shall not be limited to the members of the commission.

(b) At least one (1) advisory committee must be appointed with a membership that is representative of the private sector of the communities served by the commission and must include members representative of:

(1) postsecondary educational institutions;

(2) minority business enterprises;

(3) labor and workforce organizations; and

(4) manufacturing entities;

active in at least one (1) of the communities served by the commission.

(c) Members of advisory committees are not entitled to compensation for their services but may be reimbursed by the commission for expenses incurred in the performance of their duties.

As added by P.L.165-2003, SEC.6. Amended by P.L.2-2007, SEC.387.
Ind. Code § 36-7-34-1 — Indiana Code / Title 36 / Article 7 / Chapter 34 / Section 36-7-34-1
"Area"
Status: in_force

Sec. 1. "Area" refers to a qualified military base enhancement area established by this chapter.

As added by P.L.203-2005, SEC.16.
Ind. Code § 36-7-15.1-55 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-55
Modification of definition of "property taxes"; depreciable personal property
Status: in_force

Sec. 55. (a) As used in this section, "depreciable personal property" refers to all of the designated taxpayer's depreciable personal property that is located in the allocation area.

(b) As used in this section, "designated taxpayer" means a taxpayer designated by the commission in a declaratory resolution adopted or amended under section 40(a) or 40(b) of this chapter, and with respect to which the commission finds that:

(1) taxes to be derived from the taxpayer's depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are needed to pay debt service for bonds issued under section 45 of this chapter to make payments on leases payable under section 46 of this chapter in order to provide local public improvements for a particular allocation area;

(2) the taxpayer's property in the allocation area will consist primarily of industrial, manufacturing, warehousing, research and development, processing, distribution, or transportation related projects or regulated amusement devices (as defined in IC 22-12-1-19.1) and related improvements; and

(3) the taxpayer's property in the allocation area will not consist primarily of retail, commercial, or residential projects, other than an amusement park or tourism industry project.

(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 53(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property of designated taxpayers in accordance with the procedures and limitations set forth in this section and section 53 of this chapter. If such a modification is included in the resolution, for purposes of section 53 of this chapter, the term "base assessed value" with respect to the depreciable personal property of designated taxpayers means, subject to section 53(j) of this chapter, the net assessed value of the depreciable personal property as finally determined for the assessment date immediately preceding the adoption date of the modification as adjusted under section 53(h) of this chapter.

As added by P.L.102-1999, SEC.22. Amended by P.L.172-2011, SEC.155; P.L.214-2019, SEC.43; P.L.257-2019, SEC.130.
Ind. Code § 36-8-20-2 — Indiana Code / Title 36 / Article 8 / Chapter 20 / Section 36-8-20-2
Designation as universal emergency telephone number
Status: in_force

Sec. 2. The telephone number 911 is designated as the universal emergency telephone number for reporting an emergency and requesting assistance.

As added by P.L.126-1999, SEC.1.
Ind. Code § 36-9-36-66 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-66
Correction of defects and irregularities
Status: in_force

Sec. 66. If a defect or an irregularity results in the invalidity of a contract, an assessment, or a lien under this chapter, the defect or irregularity shall be corrected by supplementary proceedings that substantially comply with this chapter.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-1-11-4 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-4
Sale or transfer of real property; procedure
Status: in_force

Sec. 4. (a) A disposing agent who wants to sell or transfer real property must comply with this section, except as permitted by section 4.1, 4.2, 5, 5.5, 5.7, 5.9, 8, 14, 15, or 18 of this chapter.

(b) The disposing agent shall first have the property appraised by two (2) appraisers. The appraisers must be:

(1) professionally engaged in making appraisals;

(2) licensed under IC 25-34.1; or

(3) employees of the political subdivision familiar with the value of the property.

(c) After the property is appraised, the disposing agent shall determine a minimum bid for the property based on the appraisals and the disposing agent's knowledge of the property, publish a notice in accordance with IC 5-3-1 setting forth the terms and conditions of the sale, including the minimum bid, and, when subsection (e) is employed, may engage an auctioneer licensed under IC 25-6.1 to advertise the sale and to conduct a public auction. The advertising conducted by the auctioneer is in addition to any other notice required by law and shall include a detailed description of the property to be sold stating the key numbers, if any, of the tracts within that property. If the disposing agent determines that the best sale of the property can be made by letting the bidders determine certain conditions of the sale (such as required zoning or soil or drainage conditions) as a prerequisite to purchasing the property, the disposing agent may permit the bidders to specify those conditions. The notice must state the following:

(1) Bids will be received beginning on a specific date.

(2) The sale will continue from day to day for a period determined by the disposing agent of not more than sixty (60) days.

(3) The property may not be sold to a person who is ineligible under section 16 of this chapter.

(4) A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust; and

(B) settlor empowered to revoke or modify the trust.

(d) A bid must be open to public inspection. A bidder may raise the bidder's bid, and subject to subsection (e), that raise takes effect after the board has given written notice of that raise to the other bidders.

(e) The disposing agent may also engage an auctioneer licensed under IC 25-6.1 to conduct a sale by public auction. The auction may be conducted either at the time for beginning the sale in accordance with the public notice or after the beginning of the sale. The disposing agent shall give each bidder who has submitted a bid written notice of the time and place of the auction.

(f) The disposing agent may, before expiration of the time set out in the notice, sell the property to the highest and best bidder. The highest and best bidder must have complied with any requirement under subsection (c)(4). The disposing agent may reject all bids. If the disposing agent rejects all bids, the disposing agent must make a written determination to reject all bids explaining why all bids were rejected.

(g) If the disposing agent determines that, in the exercise of good business judgment, the disposing agent should hire a broker or auctioneer to sell the property, the disposing agent may do so and pay the broker or auctioneer a reasonable compensation out of the gross proceeds of the sale. A disposing agent may hire a broker to sell real property directly rather than using the bid process under subsections (c) through (f) if:

(1) in the case of a political subdivision other than a school corporation:

(A) the disposing agent publishes a notice of the determination to hire the broker in accordance with IC 5-3-1; and

(B) the property has been up for bid for at least sixty (60) days before the broker is hired, and either no bids were received or the disposing agent has rejected all bids that were received; or

(2) in the case of a school corporation, the disposing agent publishes a notice of the determination to hire the broker in accordance with IC 5-3-1.

The disposing agent may hire one (1) of the appraisers as the broker or auctioneer.

(h) The following apply if a broker is hired under subsection (g):

(1) The property may not be sold to a person who is ineligible under section 16 of this chapter.

(2) If the property is sold to a trust (as defined in IC 30-4-1-1(a)), the following information must be placed in the public record relating to the sale:

(A) Each beneficiary of the trust.

(B) Each settlor empowered to revoke or modify the trust.

(i) A disposing agent may conduct a public auction under this section solely by electronic means, referred to in this subsection as an electronic sale. A disposing agent that elects to conduct an electronic sale may receive electronic payments and establish policies necessary to secure the payments in a timely fashion. The disposing agent may not charge an additional fee for conducting an electronic sale. If a disposing agent chooses to conduct a public auction as an electronic sale, the notice required by subsection (c) must include a statement declaring this fact.

[Pre-Local Government Recodification Citations: 17-2-47-8 part; 17-4-15-1 part; 18-4-5-6 part; 19-6-2-38 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by Acts 1982, P.L.208, SEC.3; P.L.32-1983, SEC.10; P.L.331-1985, SEC.2; P.L.330-1985, SEC.4; P.L.60-1988, SEC.25; P.L.336-1989(ss), SEC.45; P.L.165-1994, SEC.2; P.L.188-2007, SEC.2; P.L.27-2008, SEC.2; P.L.188-2011, SEC.1; P.L.257-2013, SEC.41; P.L.233-2015, SEC.330; P.L.251-2015, SEC.33.
Ind. Code § 36-8-3.5-21 — Indiana Code / Title 36 / Article 8 / Chapter 3.5 / Section 36-8-3.5-21
Temporary leave of absence; seniority; reinstatement
Status: in_force

Sec. 21. (a) If it is necessary for the safety board or governing board to reduce the number of members of the department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, territory, or district, to the appropriate number of members. The last member appointed shall be put on leave first, with other members also put on leave in reverse hiring order, until the desired level is achieved.

(b) If the department is increased in number again, the members of the department who have been granted leaves of absence under this section shall be reinstated before an applicant on the eligibility list is appointed to the department. The reinstatements begin with the last member granted a leave.

(c) A member on leave of absence shall keep the commission advised of the member's current address. A member shall be informed of the member's reinstatement by written notice. Within ten (10) calendar days after a member receives notice of reinstatement, the member must advise the commission that the member accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon the member's failure to accept reinstatement within that period.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.316, SEC.1. Amended by P.L.127-2017, SEC.236; P.L.207-2023, SEC.23.
Ind. Code § 36-10-11-4 — Indiana Code / Title 36 / Article 10 / Chapter 11 / Section 36-10-11-4
Trustees; appointment; terms; vacancies; oath
Status: in_force

Sec. 4. (a) Within fifty (50) days after the adoption of the ordinance, the city executive shall appoint three (3) trustees and the city legislative body shall appoint two (2) trustees of the authority. All of the trustees must be at least twenty-one (21) years of age and residents of the city for at least five (5) years before appointment.

(b) Initial terms of the trustees are as follows:

(1) The legislative body's appointees for terms of two (2) years.

(2) One (1) of the executive's appointees for a term of three (3) years.

(3) Two (2) of the executive's appointees for terms of four (4) years.

At the expiration of a term, the appointing authority shall appoint a successor for a four (4) year term. Each trustee serves until the trustee's successor is appointed and qualified.

(c) If a trustee dies, resigns, ceases to be a resident of the city, fails to qualify for office within ten (10) days after the trustee receives notice of the trustee's appointment, or is removed for cause, the appointing authority shall appoint another person as trustee for the remainder of that term.

(d) Each trustee, before entering upon the trustee's duties, shall take and subscribe an oath of office to be endorsed upon the trustee's certificate of appointment. The certificate shall be filed with the city clerk.

As added by Acts 1982, P.L.218, SEC.5. Amended by P.L.127-2017, SEC.392.
Ind. Code § 36-4-3-12 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-12
Remonstrances; hearing; judgment
Status: in_force

Sec. 12. The circuit or superior court shall:

(1) on the date fixed under section 11 of this chapter, hear and determine the remonstrance without a jury; and

(2) without delay, enter judgment on the question of the annexation according to the evidence that either party may introduce.

[Pre-Local Government Recodification Citations: 18-5-10-25 part; 18-5-10-30 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989, SEC.96; P.L.113-2010, SEC.117; P.L.104-2022, SEC.158.
Ind. Code § 36-9-11-20 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-20
Pledge of revenues; authorization
Status: in_force

Sec. 20. (a) This subsection applies only to cities. All or part of the gross revenues, or of the net revenues remaining after the payment of the cost of operation, maintenance, and repair, may be pledged to the payment of the principal of and interest on the revenue bonds and the accumulation and maintenance of the reserve for the bonds, in the manner and to the extent provided in the ordinance or ordinances authorizing the issuance of the revenue bonds. The ordinance or ordinances authorizing the issuance of revenue bonds also may provide for a pledge of all or a designated part of the gross or net revenues derived from:

(1) other parking facilities;

(2) onstreet parking meters;

(3) parking mechanisms;

(4) parking and traffic violation fines and fees;

(5) lease rentals in connection with any parking facilities, private pledges, and contributions; and

(6) any federal and state grants and distributions not dedicated or restricted by law to other purposes;

to the payment of principal of and interest on revenue bonds issued or to be issued under this chapter, and to the accumulation and maintenance of the reserve for the bonds. The extent and the manner of making the pledge may be provided in the ordinance or ordinances authorizing the issuance of bonds.

(b) This subsection applies only to towns. An ordinance authorizing the issuance of revenue bonds for parking facilities may provide for a pledge of all or a designated part of the unobligated net revenues derived from other parking facilities, parking meters, or parking mechanisms, to the extent required to maintain the parking sinking fund established under section 19 of this chapter at the minimum level.

[Pre-Local Government Recodification Citations: 19-5-11-10 part; 19-5-13-12 part.]

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-7-36-2 — Indiana Code / Title 36 / Article 7 / Chapter 36 / Section 36-7-36-2
"Enforcement authority"
Status: in_force

Sec. 2. As used in this chapter, "enforcement authority" has the meaning set forth in IC 36-7-9-2.

As added by P.L.88-2009, SEC.15.
Ind. Code § 36-8-4-11 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-11
Layoffs; reinstatement
Status: in_force

Sec. 11. (a) If it is necessary for the safety board to reduce the number of members of the police or fire department by layoff for financial reasons, the last member appointed must be the first to be laid off, with other members also laid off in reverse hiring order, until the desired level is achieved.

(b) If the department is increased in number again, the members of the department who have been laid off under this section shall be reinstated before any new member is appointed to the department. The reinstatements begin with the last member laid off.

(c) A member who is laid off shall keep the appointing authority advised of the member's current address. A member shall be informed of the member's reinstatement by written notice sent by certified mail to the member's last known address. Within twenty (20) calendar days after notice of reinstatement is sent to a member, the member must advise the hiring body that the member accepts reinstatement and will be able to commence employment on the date specified in the notice. All reinstatement rights granted to a member terminate upon the member's failure to accept reinstatement within that twenty (20) day period or five (5) years after the day on which a member's layoff begins.

As added by P.L.361-1983, SEC.1. Amended by P.L.344-1985, SEC.1; P.L.56-2010, SEC.1.
Ind. Code § 36-9-27.4-13 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-13
Postponement and rescheduling of hearing
Status: in_force

Sec. 13. Before or on the date of a hearing held under this chapter, the drainage board may postpone and reschedule the hearing if:

(1) it appears that a respondent has not been served with notice; or

(2) the interests of fairness otherwise compel a postponement.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-7-26-26 — Indiana Code / Title 36 / Article 7 / Chapter 26 / Section 36-7-26-26
Credit account; use of funds
Status: in_force

Sec. 26. To the extent prescribed by the board, and subject to the terms and conditions established by the board, any money credited to the credit account may be used by the commission, and, if desired by the board, irrevocably pledged by the board, to further secure bonds or a lease agreement issued or entered into under this chapter. Further security includes, the following:

(1) Holding money in the credit account and pledging sums to payment of debt service on bonds issued under or lease rentals payable under this chapter, or maintenance of debt service reserves.

(2) Transferring money from the credit account to the net increment account or, if desired by the board, to the commission to enable the commission to finance local public improvements.

(3) Payment of bond insurance premiums or other credit enhancement fees and expenses.

As added by P.L.35-1990, SEC.63.
Ind. Code § 36-7-7-6 — Indiana Code / Title 36 / Article 7 / Chapter 7 / Section 36-7-7-6
Executive board
Status: in_force

Sec. 6. (a) The commission shall elect from among its members an executive board consisting of:

(1) the four (4) officers of the commission;

(2) one (1) member of the commission from each county in the region;

(3) one (1) additional member of the commission from each county in the region having a population of more than fifty thousand (50,000); and

(4) the nonvoting member of the commission appointed by the governor.

All members shall be elected by a vote of the full membership of the commission.

(b) If a vacancy occurs in the executive board a successor shall be elected from among the members in the same manner as the member whose position has been vacated.

(c) The executive board shall conduct the business of the commission, except for:

(1) the adoption and amendment of bylaws, rules, and procedures for the operation of the commission;

(2) the election of officers and members of the executive board as provided in this chapter; and

(3) the adoption of the annual appropriation budget after review by the executive board.

(d) The executive board shall meet regularly at least once each month, unless otherwise determined by its members. The executive board shall notify the full membership of the commission of all its meetings with copies of its preliminary or final agendas and shall report all its actions and determinations to the full membership of the commission.

(e) A majority of members constitutes a quorum. An action of the executive board is official, however, only if it is authorized by a majority of the board at a regular or properly called special meeting. Any action of the executive board shall be reviewed at the next regular meeting of the commission following the executive board's action, and upon the written request of a member of the commission, the action shall be brought to a vote of the full commission.

[Pre-Local Government Recodification Citation: 18-7-1.1-4(e), (h), (i).]

As added by Acts 1981, P.L.309, SEC.26.
Ind. Code § 36-7.6-2-5 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-5
Minimum length of participation; withdrawal
Status: in_force

Sec. 5. (a) This section applies to a county, qualified city, third class city, or town authorized to establish or join a development authority under this article.

(b) A county, qualified city, third class city, or town described in subsection (a) shall be a member of the development authority for at least eight (8) years after the date the county, qualified city, third class city, or town becomes a member of the development authority.

(c) At least twelve (12) months and not more than eighteen (18) months before the end of a county's, qualified city's, third class city's, or town's membership period under subsection (b) or this subsection, the county, qualified city, third class city, or town described in subsection (a) must adopt an ordinance that:

(1) commits the county, qualified city, third class city, or town to an additional eight (8) years as a member of the development authority, beginning at the end of the current membership period; or

(2) withdraws the county, qualified city, third class city, or town from membership in the development authority not earlier than the end of the current membership period.

(d) A county, qualified city, third class city, or town described in subsection (a) may withdraw from a development authority as provided in this section without the approval of the development board. However, the withdrawal of a county does not affect the membership of a qualified city or third class city that became a member of the development authority as a result of the county's membership.

(e) If at the end of a county's membership period a county described in subsection (a) does not withdraw from the development authority under this section and remains a member of the development authority, the qualified cities and third class cities in the county may not withdraw from the development authority and remain members of the development authority.

(f) A development authority shall notify the Indiana economic development corporation promptly in writing when a member withdraws from the development authority.

As added by P.L.232-2007, SEC.7. Amended by P.L.178-2015, SEC.12.
Ind. Code § 36-7-15.1-36 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-36
Military base reuse area
Status: in_force

Sec. 36. A redevelopment project area, an urban renewal area, or an economic development area established under this chapter may not include land that constitutes part of a military base reuse area established under IC 36-7-30.

As added by P.L.26-1995, SEC.8. Amended by P.L.185-2005, SEC.42.
Ind. Code § 36-1-12-5 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-5
Procedures for inviting quotes; applicable dollar amount
Status: in_force

Sec. 5. (a) This section applies whenever a public work project is estimated to cost less than fifty thousand dollars ($50,000). Except as provided in subsection (g) for local boards of aviation commissioners and local airport authorities, if a contract is to be awarded, the board may proceed under section 4 of this chapter or under subsection (b) or (c).

(b) The board must proceed under the following provisions:

(1) The board shall invite quotes from at least three (3) persons known to deal in the class of work proposed to be done by either of the following:

(A) Mailing them a notice stating that plans and specifications are on file in a specified office. The notice must be mailed not less than seven (7) days before the time fixed for receiving quotes. The board may not require a person to submit a quote before the meeting at which quotes are to be received. The meeting for receiving quotes must be open to the public. All quotes received shall be opened publicly and read aloud at the time and place designated and not before.

(B) Soliciting at least three (3) quotes by telephone, facsimile transmission, or electronic mail. The seven (7) day waiting period required by clause (A) does not apply to quotes solicited under this clause. A quote received under this clause shall be reported to the board during the public meeting at which the contract is considered. The name of each person submitting a quote, and the amount of each quote, shall be read aloud at the public meeting.

(2) The board shall award the contract for the public work to the lowest responsible and responsive quoter.

(3) The board may reject all quotes submitted.

(4) If the board rejects all quotes under subdivision (3), the board may negotiate and enter into agreements for the work in the open market without inviting or receiving quotes if the board establishes in writing the reasons for rejecting the quotes.

(c) The board may not proceed under subsection (b) for the resurfacing (as defined in IC 8-14-2-1) of a road, street, or bridge, unless:

(1) the weight or volume of the materials in the project is capable of accurate measurement and verification; and

(2) the specifications define the geographic points at which the project begins and ends.

(d) For the purposes of this section, if contiguous sections of a road, street, or bridge are to be resurfaced in a calendar year, all of the work shall be considered to comprise a single public work project.

(e) The board may purchase or lease supplies in the manner provided in IC 5-22 and perform the public work by means of its own workforce without awarding a public work contract.

(f) Before the board may perform any work under this section by means of its own workforce, the political subdivision or agency must have a group of employees on its staff who are capable of performing the construction, maintenance, and repair applicable to that work.

(g) This subsection applies to local boards of aviation commissioners operating under IC 8-22-2 and local airport authorities operating under IC 8-22-3. If the contract is to be awarded by a board to which this subsection applies, or to a designee of the board under subsection (h), the board or its designee may proceed under section 4 of this chapter or under the following provisions. The board or its designee may invite quotes from at least three (3) persons known to deal in the class of work proposed to be done by mailing the persons a copy of the plans and specifications for the work not less than seven (7) days before the time fixed for receiving quotes. If the board or its designee receives a satisfactory quote, the board or its designee shall award the contract to the lowest responsible and responsive quoter for the class of work required. The board or its designee may reject all quotes submitted and, if no valid quotes are received for the class of work, contract for the work without further invitations for quotes.

(h) The board may delegate its authority to award a contract for a public works project that is estimated to cost less than fifty thousand dollars ($50,000) to the airport personnel in charge of airport public works projects.

[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]

As added by Acts 1981, P.L.57, SEC.38. Amended by Acts 1981, P.L.56, SEC.5; P.L.329-1985, SEC.19; P.L.85-1991, SEC.4; P.L.21-1995, SEC.147; P.L.82-1995, SEC.17; P.L.49-1997, SEC.76; P.L.195-2007, SEC.8; P.L.172-2011, SEC.141; P.L.17-2012, SEC.4; P.L.67-2012, SEC.4; P.L.72-2018, SEC.16.
Ind. Code § 36-7-15.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-7
Resolution establishing district; contents
Status: in_force

Sec. 7. A resolution establishing an improvement and maintenance district must contain the following information:

(1) A description of the geographic area to be considered for inclusion in the district. The geographic area consists of the part of the Indiana Central Canal and nearby property that is located between Washington Street on the south, Interstate Highway 65 on the north, Senate Avenue on the east, and West Street and Dr. Martin Luther King Jr. Memorial Drive West Drive on the west.

(2) The general nature of the improvement and maintenance project that would occur within or in support of the district and the estimated annual cost of the project for the first five (5) years.

(3) Any limitation on the amount of the assessment that would be levied in order to defray part or all of the costs of the improvement and maintenance project. This limitation is not required to be a fixed amount, but may vary according to a schedule or in relation to a specified index that reflects the increase or decrease in costs of materials, goods, and services.

(4) The estimated annual assessment levy needed to defray the cost of part or all of the improvement and maintenance project for the first five (5) years.

(5) The formula that would be used to accomplish the assessment of special benefits and damages. This formula:

(A) must provide that a parcel within the improvement and maintenance district that is not yet benefited by the improvement and maintenance district because of the stage of the development of the project will not be assigned a percentage of the total benefit;

(B) must provide that real property used for public ways, public sidewalks, religious purposes (before March 1, 1988), and public parks, and the canal itself shall be excluded from assessment;

(C) must provide that real property which is being used exclusively for single-family or two-family residence, and has been continuously used exclusively for that residential purpose from March 1, 1988, shall be excluded from assessment; and

(D) may include the following components:

(i) Square footage of the parcel.

(ii) Square footage of any improvement on the parcel.

(iii) Length of the parcel adjoining the improvement and maintenance project.

(iv) Land use of the parcel.

(v) Until 1991, the fact that the current use of the parcel is not significantly benefited by the improvement and maintenance project.

(vi) Proximity of the parcel to the improvement and maintenance project.

(vii) Accessibility of the parcel to the improvement and maintenance project.

(viii) True cash value of the parcel.

(ix) True cash value of any improvement on the parcel.

(x) Age of the improvement on the parcel.

(xi) Other similar factors.

(6) The fact that if the district is established, owners of real property in the district will be subject to an assessment of special benefits and damages to defray part or all of the costs of the improvement and maintenance project.

As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.45.
Ind. Code § 36-5-2-11 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-11
Bond issuance, purpose, payments, requirements, and procedures; short term loans
Status: in_force

Sec. 11. (a) Subject to IC 5-1-11.5 and IC 5-11-1-4(c), the legislative body may issue bonds for the purpose of procuring money to be used in the exercise of the powers of the town and for the payment of town debts. However, a town may not issue bonds to procure money to pay current expenses.

(b) Bonds issued under this section are payable in the amounts and at the times determined by the legislative body.

(c) Bonds issued under this section are subject to the provisions of IC 5-1 and IC 6-1.1-20 relating to the following:

(1) The filing of a petition requesting the issuance of bonds and giving notice of the petition.

(2) The giving of notice of a hearing on the appropriation of the proceeds of bonds.

(3) The right of taxpayers to appear and be heard on the proposed appropriation.

(4) The approval of the appropriation by the department of local government finance.

(5) The right of:

(A) taxpayers and voters to remonstrate against the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.1(a); or

(B) voters to vote on the issuance of bonds in the case of a proposed bond issue described by IC 6-1.1-20-3.5(a).

(6) The sale of bonds at public sale for not less than their par value.

(d) The legislative body may, by ordinance, make loans of money for not more than five (5) years and issue notes for the purpose of refunding those loans. The loans may be made only for the purpose of procuring money to be used in the exercise of the powers of the town, and the total amount of outstanding loans under this subsection may not exceed five percent (5%) of the town's total tax levy in the current year (excluding amounts levied to pay debt service and lease rentals). Loans under this subsection shall be made as follows:

(1) The ordinance authorizing the loans must pledge to their payment a sufficient amount of tax revenues over the ensuing five (5) years to provide for refunding the loans.

(2) The loans must be evidenced by notes of the town in terms designating the nature of the consideration, the time and place payable, and the revenues out of which they will be payable.

(3) The interest accruing on the notes to the date of maturity may be added to and included in their face value or be made payable periodically, as provided in the ordinance.

Notes issued under this subsection are not bonded indebtedness for purposes of IC 6-1.1-18.5.

[Pre-Local Government Recodification Citation: 18-5-24-2.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.37-1988, SEC.24; P.L.90-2002, SEC.471; P.L.219-2007, SEC.116; P.L.146-2008, SEC.708; P.L.184-2015, SEC.17; P.L.244-2017, SEC.128.
Ind. Code § 36-7-16-8 — Indiana Code / Title 36 / Article 7 / Chapter 16 / Section 36-7-16-8
Loan rates; administration of chapter
Status: in_force

Sec. 8. (a) Loans made under this chapter shall be made at rates to be determined by the agency. The proceeds of loans shall be used to defray the expense of administering this chapter.

(b) The agency may employ the persons and establish the administrative guidelines required to carry out the purposes of this chapter.

[Pre-Local Government Recodification Citation: 18-7-7.5-10.]

As added by Acts 1981, P.L.309, SEC.35.
Ind. Code § 36-7-27-16 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-16
Pledge to finance economic development tax project
Status: in_force

Sec. 16. Notwithstanding any other law, a county that expects to receive an economic benefit from a qualified economic development tax project under this chapter, a county contiguous to such a county, or a municipality that expects to receive an economic benefit from a qualified economic development tax project under this chapter, may pledge (as authorized in IC 5-1-14-4) any legally available money to the payment of bonds or lease rentals to finance a qualified economic development tax project. The pledge does not create a debt of the pledging county or municipality under the Constitution of the State of Indiana so long as the money is designated to make lease rental payments to finance a qualified economic development tax project.

As added by P.L.28-1993, SEC.14.
Ind. Code § 36-2-7.5-12 — Indiana Code / Title 36 / Article 2 / Chapter 7.5 / Section 36-2-7.5-12
Disclosure of Social Security number by county recorder employee; Class A infraction
Status: in_force

Sec. 12. (a) This section applies after June 30, 2008.

(b) A county recorder or an employee of a county recorder who knowingly, intentionally, or recklessly discloses a recorded or filed document that contains a Social Security number without having the document searched, to the extent technologically practicable and as permitted by law, using redacting technology commits a Class A infraction.

As added by P.L.91-2005, SEC.3. Amended by P.L.171-2006, SEC.20.
Ind. Code § 36-8-3-9 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-9
Oaths; depositions
Status: in_force

Sec. 9. The safety board, police chief, and fire chief may administer oaths to a person summoned in a proceeding authorized by this chapter and may take depositions under the rules or orders of the board.

[Pre-Local Government Recodification Citation: 18-1-11-6.]

As added by Acts 1981, P.L.309, SEC.52.
Ind. Code § 36-9-40-5 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-5
Estimate of cost of system
Status: in_force

Sec. 5. (a) The estimate of cost of the system required under section 4(4)(D) of this chapter may include all incidental, inspection, and engineering costs caused by the proposed construction. However, the estimate of the costs to be paid by special assessment may not include the following:

(1) Salaries and expenses of the necessary and regularly employed personnel of the engineering department of the county.

(2) Ordinary operating costs of the works board.

(b) If the works board determines that it is necessary to employ additional engineering services for construction of a particular system, the works board may include in the estimate of cost of the system required under section 4(4)(D) of this chapter the cost of the additional service actually performed in connection with the system.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-9-29.1-9 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-9
Special tax on property within flood control district
Status: in_force

Sec. 9. Upon final action of the board confirming the resolution in its original or any modified form, all property, real and personal, located within the flood control district is subject to a special tax for the purpose of providing money to pay the total cost of the construction of the project or projects, and of acquiring all necessary lands or rights-of-way, as described and provided in the resolution, including all necessary incidental expenses. This special tax is declared to constitute the amount of benefits resulting to all the property from the proceedings and shall be levied as provided in this chapter.

As added by Acts 1982, P.L.77, SEC.24.
Ind. Code § 36-8-10.7-6 — Indiana Code / Title 36 / Article 8 / Chapter 10.7 / Section 36-8-10.7-6
Ban on use of Class B firefighting foam containing PFAS chemical for training purposes
Status: in_force

Sec. 6. After June 30, 2020, a person, unit, or state agency:

(1) shall not use for training purposes a Class B firefighting foam that contains an intentionally added PFAS chemical; and

(2) for the purposes of training firefighters in the use of firefighting foam, may use only training foam that does not contain intentionally added PFAS chemicals.

As added by P.L.22-2020, SEC.1.
Ind. Code § 36-5-7-5 — Indiana Code / Title 36 / Article 5 / Chapter 7 / Section 36-5-7-5
Service as street commissioner, chief of fire department, or both
Status: in_force

Sec. 5. The town legislative body may require the marshal to serve as street commissioner, chief of the fire department, or both.

[Pre-Local Government Recodification Citation: 18-3-1-20 part.]

As added by Acts 1980, P.L.212, SEC.4.
Ind. Code § 36-10-13-5 — Indiana Code / Title 36 / Article 10 / Chapter 13 / Section 36-10-13-5
School corporations in certain counties; operations fund appropriation for historical society
Status: in_force

Sec. 5. (a) This section applies only to a school corporation in the following counties:

(1) A county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(2) A county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(b) Subject to section 6 of this chapter, the governing body of the school corporation may annually appropriate the money in the operations fund to be paid in semiannual installments to a historical society having facilities in the county.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17.5-2.]

As added by P.L.1-2005, SEC.48. Amended by P.L.2-2006, SEC.195; P.L.146-2008, SEC.798; P.L.119-2012, SEC.244; P.L.255-2017, SEC.57; P.L.244-2017, SEC.130; P.L.140-2018, SEC.31; P.L.104-2022, SEC.224.
Ind. Code § 36-1-22-5 — Indiana Code / Title 36 / Article 1 / Chapter 22 / Section 36-1-22-5
Local licensing of builders or remodelers prohibited
Status: in_force

Sec. 5. After February 28, 2013, a political subdivision may not adopt an ordinance, rule, policy, or other requirement providing that a builder or remodeler must be licensed, certified, permitted, registered, or listed by the political subdivision as a condition to the builder or remodeler:

(1) constructing a new residential dwelling; or

(2) remodeling an existing residential dwelling.

As added by P.L.218-2014, SEC.20.
Ind. Code § 36-2-11-19 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-19
Affidavit; recording in miscellaneous records; record as prima facie evidence
Status: in_force

Sec. 19. (a) An affidavit that:

(1) concerns the birth, marriage, death, name, residence, identity, or relationship of any of the parties named in an instrument affecting real property;

(2) is made by a professional surveyor registered under IC 25-21.5 and concerns the existence or location of a monument or physical boundary;

(3) is made by a professional surveyor registered under IC 25-21.5 and reconciles ambiguous descriptions in conveyances with descriptions in a regular chain of title;

(4) concerns facts incident to the adverse possession of real property and the payment of taxes on that property; or

(5) is made by a purchaser of real property sold on foreclosure or conveyed in lieu of foreclosure of:

(A) a deed of trust securing an issue of bonds or other evidences of indebtedness;

(B) a mortgage;

(C) a contract for the sale of real property; or

(D) any other security instrument;

held by a fiduciary or other representative, and concerns the authority of the purchaser to purchase the property and the terms and conditions on which the property is to be held and disposed of;

may be recorded in the office of the recorder of the county in which the property is located. If an affidavit is presented to the recorder for record under this section, the recorder shall record it in the miscellaneous records in the recorder's office.

(b) An affidavit recorded under this section may be received in evidence in any proceeding affecting the real property and constitutes prima facie evidence of the facts and circumstances contained in the affidavit.

[Pre-Local Government Recodification Citations: 17-3-47-1; 17-3-47-2; 17-3-47-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.23-1991, SEC.33; P.L.57-2013, SEC.89.
Ind. Code § 36-7.6-1-10 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-10
"Economic development project"
Status: in_force

Sec. 10. "Economic development project" means an economic development project described in IC 6-3.6-2-8.

As added by P.L.232-2007, SEC.7. Amended by P.L.197-2016, SEC.144.
Ind. Code § 36-5-1-20 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-20
Towns not functioning for ten years; hearing; findings; adoption of ordinance or ordering dissolution
Status: in_force

Sec. 20. (a) This section does not apply to a town described by IC 36-5-1-11.5.

(b) A town subject to this chapter may be dissolved if the county election board of the county in which the greatest percentage of population of the town is located conducts a public hearing and finds that the town has not elected town officers or had a functioning town government during the preceding ten (10) years.

(c) The county election board shall certify the board's findings to the county executive, who may adopt an ordinance or (in a county subject to IC 36-2-3.5) issue an order to dissolve the town.

As added by P.L.3-1993, SEC.269. Amended by P.L.77-2014, SEC.21; P.L.278-2019, SEC.190; P.L.22-2021, SEC.6.
Ind. Code § 36-1-11-12 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-12
Lease of property; alternative procedure
Status: in_force

Sec. 12. The following procedure may be used instead of that in section 10 of this chapter if the disposing agent makes a written determination (which must include the disposing agent's reasons) that the use of section 10 of this chapter is not feasible, and authorization to use this procedure is granted by the executive of the political subdivision or agency:

(1) Proposals to develop specifications shall be solicited through a request for proposals, which must include all of the following:

(A) The factors or criteria that will be used in evaluating the proposals, including a statement that:

(i) the property may not be leased to a person who is ineligible under section 16 of this chapter; and

(ii) a proposal submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each beneficiary of the trust and each settlor empowered to revoke or modify the trust.

(B) A statement concerning the relative importance of price and the other evaluation factors.

(C) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility.

(D) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.

(2) Notice of the request for proposals shall be given by publication in accordance with IC 5-3-1.

(3) As provided in the request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.

(4) Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.

(5) After the procedures outlined in this section have been completed, the disposing agent shall make a determination as to the most appropriate response to the request for proposals and shall dispose of the subject property in accordance with that response.

(6) Access to the proposals under this chapter shall be determined in accordance with the provisions of IC 5-23-7.

(7) The person submitting the successful proposal is not responsible for the requirements set forth in IC 5-22 with regard to the purchase of supplies if the purchase of supplies was included within the proposal or the supplies are not paid for with public funds.

As added by P.L.339-1983, SEC.2. Amended by P.L.60-1988, SEC.33; P.L.336-1989(ss), SEC.48; P.L.82-1995, SEC.10; P.L.49-1997, SEC.72.
Ind. Code § 36-7.6-2-14 — Indiana Code / Title 36 / Article 7.6 / Chapter 2 / Section 36-7.6-2-14
Annual financial audit
Status: in_force

Sec. 14. (a) The state board of accounts shall, pursuant to IC 5-11-1-7 and IC 5-11-1-24, allow each development authority to contract with a certified public accountant for an annual financial audit of the development authority. The certified public accountant may not have a significant financial interest in a project, facility, or service funded by or leased by or to any development authority. The certified public accountant selected by a development authority must be approved by the state examiner and is subject to the direction of the state examiner while performing an annual financial audit under this article.

(b) The certified public accountant shall present an audit report not later than four (4) months after the end of each calendar year and shall make recommendations to improve the efficiency of development authority operations. The certified public accountant shall also perform a study and evaluation of internal accounting controls and shall express an opinion on the controls that were in effect during the audit period.

(c) A development authority shall pay the cost of the annual financial audit under subsection (a). In addition, the state board of accounts may at any time conduct an audit of any phase of the operations of a development authority. A development authority shall pay the cost of any audit by the state board of accounts.

(d) The state board of accounts may waive the requirement that a certified public accountant perform an annual financial audit of a development authority for a particular year if the development authority certifies to the state board of accounts that the development authority had no financial activity during that year.

As added by P.L.232-2007, SEC.7. Amended by P.L.237-2017, SEC.47; P.L.257-2019, SEC.146.
Ind. Code § 36-1-9.5-50 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-50
Justification for reconsideration; personal interview; recommendation to entity; notice of entity decision
Status: in_force

Sec. 50. (a) A request under section 49 of this chapter must include written justification concerning the contractor's qualification. In addition, the contractor may request a personal interview. The prequalification administrator shall consider the written request by certified or registered mail or personal service not later than fifteen (15) days after receiving the written request. The prequalification administrator may request additional information, documentation, or a personal interview with the contractor.

(b) The prequalification administrator shall make a recommendation to the entity.

(c) The entity shall notify the contractor in writing of the entity's decision. The decision becomes effective on the date determined by the entity.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-4-3-4 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-4
Annexation of noncontiguous territory
Status: in_force

Sec. 4. (a) The legislative body of a municipality may, by ordinance, annex any of the following:

(1) Territory that is contiguous to the municipality.

(2) Territory that is not contiguous to the municipality and is occupied by a municipally owned or operated as either of the following:

(A) An airport or landing field.

(B) A wastewater treatment facility or water treatment facility. After a municipality annexes territory under this clause, the municipality may annex additional territory to enlarge the territory for the use of the wastewater treatment facility or water treatment facility only if the county legislative body approves that use of the additional territory by ordinance.

(3) Territory that is not contiguous to the municipality but is found by the legislative body to be occupied by:

(A) a municipally owned or regulated sanitary landfill, golf course, or hospital;

(B) a police station of the municipality; or

(C) a solar electric generating facility that is or will be interconnected to an electric utility owned by the municipality.

However, if territory annexed under subdivision (2) or (3) ceases to be used for the purpose for which the territory was annexed for at least one (1) year, the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation if the unit that had jurisdiction over the territory still exists. If the unit no longer exists, the territory reverts to the jurisdiction of the unit that would currently have jurisdiction over the territory if the annexation had not occurred. The clerk of the municipality shall notify the offices required to receive notice of a disannexation under section 19 of this chapter when the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation. Territory that is annexed under subdivision (2) (including territory that is enlarged under subdivision (2)(B) for the use of the wastewater treatment facility or water treatment facility) or subdivision (3) may not be considered a part of the municipality for purposes of annexing additional territory.

(b) This subsection applies to the following:

(1) A municipality in a county having a population of more than sixty-six thousand six hundred (66,600) and less than seventy thousand (70,000).

(2) A municipality in a county having a population of more than eighty-two thousand (82,000) and less than eighty-three thousand (83,000).

(3) A municipality in a county having a population of more than eighty thousand four hundred (80,400) and less than eighty-two thousand (82,000).

(4) A municipality in a county having a population of more than forty-six thousand (46,000) and less than forty-six thousand four hundred (46,400).

(5) A municipality in a county having a population of more than thirty-seven thousand (37,000) and less than thirty-seven thousand nine hundred (37,900).

(6) A municipality in a county having a population of more than thirty-six thousand five hundred (36,500) and less than thirty-six thousand seven hundred (36,700).

(7) A municipality in a county having a population of more than thirty-two thousand (32,000) and less than thirty-three thousand (33,000).

(8) A municipality in a county having a population of more than twenty-three thousand (23,000) and less than twenty-three thousand three hundred seventy-five (23,375).

(9) A municipality in a county having a population of more than two hundred thousand (200,000) and less than two hundred fifty thousand (250,000).

(10) A municipality in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(11) A municipality in a county having a population of more than thirty thousand nine hundred (30,900) and less than thirty-two thousand (32,000).

(12) A municipality in a county having a population of more than eighty thousand (80,000) and less than eighty thousand four hundred (80,400).

(13) A city having a population of more than five thousand one hundred forty (5,140) and less than five thousand two hundred (5,200).

Except as provided in subsection (c), the legislative body of a municipality to which this subsection applies may, by ordinance, annex territory that is not contiguous to the municipality, has its entire area not more than two (2) miles from the municipality's boundary, is to be used for an industrial park containing one (1) or more businesses, and is either owned by the municipality or by a property owner who consents to the annexation. However, if territory annexed under this subsection is not used as an industrial park within five (5) years after the date of passage of the annexation ordinance, or if the territory ceases to be used as an industrial park for at least one (1) year, the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation if the unit that had jurisdiction over the territory still exists. If the unit no longer exists, the territory reverts to the jurisdiction of the unit that would currently have jurisdiction over the territory if the annexation had not occurred. The clerk of the municipality shall notify the offices entitled to receive notice of a disannexation under section 19 of this chapter when the territory reverts to the jurisdiction of the unit having jurisdiction before the annexation.

(c) A city in a county with a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) may not annex territory as prescribed in subsection (b) until the territory is zoned by the county for industrial purposes.

(d) Notwithstanding any other law, territory that is annexed under subsection (b) or (h) is not considered a part of the municipality for the purposes of:

(1) annexing additional territory:

(A) in a county that is not described by clause (B); or

(B) in a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000), unless the boundaries of the noncontiguous territory become contiguous to the city, as allowed by Indiana law;

(2) expanding the municipality's extraterritorial jurisdictional area; or

(3) changing an assigned service area under IC 8-1-2.3-6(1).

(e) As used in this section, "airport" and "landing field" have the meanings prescribed by IC 8-22-1.

(f) As used in this section, "hospital" has the meaning prescribed by IC 16-18-2-179(b).

(g) An ordinance adopted under this section must assign the territory annexed by the ordinance to at least one (1) municipal legislative body district.

(h) This subsection applies to a city having a population of more than twenty-eight thousand (28,000) and less than twenty-nine thousand (29,000). The city legislative body may, by ordinance, annex territory that:

(1) is not contiguous to the city;

(2) has its entire area not more than eight (8) miles from the city's boundary;

(3) does not extend more than:

(A) one and one-half (1 1/2) miles to the west;

(B) three-fourths (3/4) mile to the east;

(C) one-half (1/2) mile to the north; or

(D) one-half (1/2) mile to the south;

of an interchange of an interstate highway (as designated by the federal highway authorities) and a state highway (as designated by the state highway authorities); and

(4) is owned by the city or by a property owner that consents to the annexation.

(i) This subsection applies to a city having a population of more than thirty-four thousand (34,000) and less than thirty-four thousand five hundred (34,500). The city legislative body may, by ordinance, annex territory under section 5.1 of this chapter:

(1) that is not contiguous to the city;

(2) that is south of the southernmost boundary of the city;

(3) the entire area of which is not more than four (4) miles from the city's boundary; and

(4) that does not extend more than one (1) mile to the east of a state highway (as designated by the state highway authorities).

Territory annexed under this subsection is not considered a part of the city for purposes of annexation of additional territory. A city may not require connection to a sewer installed to provide service to territory annexed under this subsection.

(j) A municipality may annex a residential development under section 5.2 of this chapter that is not contiguous to the municipality.

[Pre-Local Government Recodification Citations: 18-5-10-20 part; 18-5-10-20.1; 18-5-10-20.2; 18-5-10-29; 18-5-10-30 part; 18-5-10-30.1; 19-6-1-16.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.91-1985, SEC.2; P.L.379-1987(ss), SEC.12; P.L.5-1989, SEC.92; P.L.12-1992, SEC.156; P.L.62-1992, SEC.2; P.L.2-1993, SEC.202; P.L.257-1993, SEC.1; P.L.1-1994, SEC.174; P.L.166-1994, SEC.1; P.L.79-1996, SEC.2; P.L.255-1997(ss), SEC.9; P.L.2-1998, SEC.83; P.L.170-2002, SEC.141; P.L.111-2005, SEC.3; P.L.182-2009(ss), SEC.402; P.L.119-2012, SEC.185; P.L.207-2014, SEC.1; P.L.183-2016, SEC.8; P.L.206-2016, SEC.3; P.L.160-2020, SEC.8; P.L.38-2021, SEC.82; P.L.104-2022, SEC.154; P.L.70-2022, SEC.5; P.L.105-2022, SEC.38; P.L.103-2025, SEC.1; P.L.211-2025, SEC.1.
Ind. Code § 36-1-9.5-31 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-31
Change in contractor's circumstances during certificate validity period; notice to prequalification administrator
Status: in_force

Sec. 31. If at any time during the valid period of a certificate of qualification the latest statement of a contractor on record with an entity ceases to represent fairly and substantially the financial position or the equipment of the contractor, the contractor shall do the following until the contractor's qualification is confirmed or revised:

(1) Notify the entity prequalification administrator of the change of circumstances.

(2) Refrain from further bidding on contracts for which the entity has required prequalification.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-7-16-6 — Indiana Code / Title 36 / Article 7 / Chapter 16 / Section 36-7-16-6
Property acquired by default; disposition
Status: in_force

Sec. 6. If the agency acquires title to property as the result of a failure to comply with the terms of a loan made under this chapter, the agency may make the same use or disposition of the property that it may make of any other property to which it acquires title.

[Pre-Local Government Recodification Citation: 18-7-7.5-6.]

As added by Acts 1981, P.L.309, SEC.35.
Ind. Code § 36-8-2-2 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-2
Police and law enforcement system; hiring procedures
Status: in_force

Sec. 2. (a) A unit may establish, maintain, and operate a police and law enforcement system to preserve public peace and order and may provide facilities, equipment, and supplies for that system.

(b) Before hiring a person as a law enforcement officer, including a police reserve officer described in IC 36-8-3-20, the hiring department or agency shall contact every law enforcement department or agency that has employed (or that currently employs) the applicant and request that the employing department or agency provide:

(1) a complete and unredacted copy of all documents related to disciplinary action or internal investigations (whether performed by an internal investigator or an outside agency) involving the officer; and

(2) the hiring department or agency with a copy of the applicant's entire employment file, except for any medical records or information.

(c) An agency or department that receives a request under subsection (b) or under IC 5-2-24-2 shall:

(1) comply with the request not later than ten (10) business days from receipt of the request; and

(2) upon request of the applicant, provide the applicant with a copy of the information provided to the hiring department or agency.

No covenant, promise, or agreement to refrain from disclosure of the information described in subsection (b) prevents compliance with the requirements imposed by this section. An agency or department acting in good faith is immune from civil and criminal liability for complying with this subsection.

[Pre-Local Government Recodification Citations: 18-1-1.5-6(b); 18-1-1.5-15(a); 18-1-1.5-15(c); 18-3-1-40 part; 18-4-2-13 part; 18-4-2-20 part.]

As added by Acts 1980, P.L.211, SEC.3. Amended by P.L.12-2021, SEC.9; P.L.64-2022, SEC.13; P.L.173-2023, SEC.3; P.L.57-2026, SEC.6.
Ind. Code § 36-8-16.7-15 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-15
"Multiline telephone system"
Status: in_force

Sec. 15. As used in this chapter, "multiline telephone system" means a voice communications service system that includes the following:

(1) Common control units.

(2) Telephone sets.

(3) Control hardware and software.

(4) Adjunct systems.

The term includes network and premises based systems as classified by FCC Part 68 (47 CFR part 68) Requirements.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-6-6-14.5 — Indiana Code / Title 36 / Article 6 / Chapter 6 / Section 36-6-6-14.5
Objection by taxpayers; department of local government finance hearing and action; appeal
Status: in_force

Sec. 14.5. (a) If the legislative body issues a special order under section 14 of this chapter authorizing the executive to borrow money, not less than ten (10) taxpayers in the township who disagree with the special order may file a petition in the office of the county auditor not more than thirty (30) days after notice of the special order is given. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the special order to be unnecessary or unwise.

(b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) and not more than thirty (30) days after the receipt of the certified documents.

(c) The hearing may be held in the county where the petition arose or through electronic means.

(d) Notice of the hearing shall be given by the department of local government finance to the township and to the first ten (10) taxpayer petitioners listed on the petition by letter. The letter shall be sent to the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing.

(e) A:

(1) taxpayer who signed a petition filed under subsection (a); or

(2) township against which a petition under subsection (a) is filed;

may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.

As added by P.L.41-1993, SEC.49. Amended by P.L.90-2002, SEC.472; P.L.256-2003, SEC.37; P.L.38-2021, SEC.85.
Ind. Code § 36-10-9-10 — Indiana Code / Title 36 / Article 10 / Chapter 9 / Section 36-10-9-10
Capital improvement fund
Status: in_force

Sec. 10. (a) Unless there are bonds or notes outstanding under this chapter and secured in whole or in part by money deposited in the capital improvement bond fund, the proceeds of excise taxes received from the treasurer of the state shall be deposited in a separate and distinct fund called the "capital improvement fund". The gross income received by the board from the operation of capital improvements under this chapter shall be deposited in the capital improvement fund, regardless of whether or not there are any bonds or notes outstanding. Any money in the fund may be expended by the board without the necessity of an appropriation to pay or provide for the payment of operating expenses. Money in the fund may also be used by the board without appropriation or approval to pay the principal on, or interest of, any bonds or notes issued under this chapter that cannot be paid from funds in the capital improvement bond fund or may be used for the payment of the principal of, redemption premium, if any, for, and interest on any bonds or notes issued under this chapter, upon prior redemption, or for all or part of the cost of a capital improvement.

(b) The board may covenant in any resolution, ordinance, or trust agreement providing for the issuance of bonds or notes as to the order of application of money deposited in the capital improvement fund, including the holding or disposing of any surplus in that fund.

(c) The net income from the operation of capital improvements under this chapter shall be transferred from the capital improvement fund to the capital improvement bond fund to the extent of any deficiency in the amount required to be in the capital improvement bond fund.

As added by Acts 1982, P.L.77, SEC.28.
Ind. Code § 36-9-14-5 — Indiana Code / Title 36 / Article 9 / Chapter 14 / Section 36-9-14-5
Tax levy
Status: in_force

Sec. 5. The county fiscal body may provide money for the cumulative building fund by levying a tax in compliance with IC 6-1.1-41 of not more than sixteen and sixty-seven hundredths cents ($0.1667) on each one hundred dollars ($100) of taxable property in the county.

[Pre-Local Government Recodification Citation: 17-3-83-3 part.]

As added by Acts 1981, P.L.309, SEC.87. Amended by P.L.17-1995, SEC.26; P.L.6-1997, SEC.219.
Ind. Code § 36-8-2.2-1 — Indiana Code / Title 36 / Article 8 / Chapter 2.2 / Section 36-8-2.2-1
Applicability to certain members and departments without merit system
Status: in_force

Sec. 1. (a) This chapter applies only to a firefighter who is a full-time, paid, nonprobationary member of a fire department.

(b) This chapter does not apply to any of the following:

(1) A member of the fire department who holds an upper level policy making position.

(2) A member of the fire department who holds a position in the fire department:

(A) that is not an upper level policy making position; and

(B) to which the member was appointed by the chief.

(3) A fire department, fire protection district, or fire protection territory having a merit system established under IC 36-8-3.5.

As added by P.L.140-2017, SEC.1. Amended by P.L.207-2023, SEC.1.
Ind. Code § 36-4-3-24 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-24
Legalization of certain annexation ordinances adopted in Tippecanoe County before March 1, 1990; legalization of declaratory resolution of redevelopment commission; assessment date
Status: in_force

Sec. 24. (a) This section applies to a second class city located in Tippecanoe County.

(b) Notwithstanding any other law, if a city annexed territory before March 1, 1990, and the annexation proceedings included a technical failure to describe a public way that separates the annexed territory from the city, the annexation is legalized and declared valid.

(c) Notwithstanding any other law, if the redevelopment commission of a city adopted a declaratory resolution under IC 36-7-14-15 before March 1, 1990, for any of the annexed territory described in subsection (b), the declaratory resolution is legalized and declared valid. If the declaratory resolution designated any of the annexed territory as an allocation area under IC 36-7-14-39, the assessment date for purposes of determining the base assessed value of the economic development area for purposes of IC 36-7-14-39 is March 1, 1989.

As added by P.L.220-2011, SEC.651. Amended by P.L.119-2012, SEC.189.
Ind. Code § 36-9-31-5 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-5
Put or pay contract procedure; action to contest validity; tax levy
Status: in_force

Sec. 5. (a) Any put or pay contract may provide for payments to be made by the consolidated city under the contract from:

(1) the levy of taxes;

(2) revenues;

(3) any other available funds of the consolidated city; or

(4) any combination of the foregoing.

(b) A put or pay contract may further provide that payments by the consolidated city to the other person to the contract are required only to the extent and only for the period or periods that person is able to accept and dispose of waste in accordance with the contract had such waste been delivered to the person.

(c) A put or pay contract may be entered into by the consolidated city extending for a period of five (5) years or more only after a public hearing by the board, at which all interested persons shall be heard. After the public hearing, the board may adopt a resolution authorizing the execution of the contract on behalf of the city if it finds that the estimated amount of waste to be provided throughout the term of the contract will not be less than the specified amount of waste required to be provided by the contract.

(d) A put or pay contract providing for payments by the consolidated city in whole or in part from the levy of taxes is not valid unless approved by ordinance of the city-county legislative body. Upon execution of such a contract and approval by the legislative body, the board shall cause notice of the execution of the contract and its approval to be given by public notice. Fifty (50) or more taxpayers residing in the city who will be affected by the contract and who may be of the opinion that no necessity exists for the execution of the contract or that the payments provided for in the contract are not fair and reasonable may file a petition in the office of the county auditor within thirty (30) days after the publication of the notice of execution and approval, setting forth their names, addresses, and objections to the contract and the facts showing that the execution of the contract is unnecessary or unwise or that the payments provided for in the contract are not fair and reasonable, as the case may be. Upon the filing of the petition, the county auditor shall immediately certify a copy of it, together with such other data as may be necessary in order to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and information, the department of local government finance shall fix a time for the hearing of the matter, which must be not less than five (5) nor more than thirty (30) days thereafter in the city. The department of local government finance may either hold the hearing in the affected county or through electronic means. Notice of the hearing shall be given by the department of local government finance to the members of the board and to the first fifty (50) taxpayer-petitioners upon the petition by a letter signed by the commissioner or deputy commissioner of the department of local government finance and enclosed with fully prepaid postage sent to those persons at their usual place of residence, at least five (5) days before the date of the hearing. The decision of the department of local government finance on the appeal, upon the necessity for the execution of the contract and as to whether the payments under it are fair and reasonable, is final.

(e) An action to contest the validity of the contract or to enjoin the performance of any of its terms and conditions must be brought within thirty (30) days after the publication of notice of the execution and approval of the contract, or if an appeal has been taken to the department of local government finance, then within thirty (30) days after the decision of the department.

(f) After the consolidated city has entered into a put or pay contract under this section, the city-county legislative body shall annually levy a tax sufficient to produce each year the necessary amount, with other amounts available, if any, that is sufficient to pay the amounts that the contract provides are to be paid from the levy of taxes. The tax levies provided for in this chapter are reviewable by other bodies vested by law with authority to ascertain that the levies are sufficient to raise the amount that, with other amounts available, is sufficient to meet the payments under the contract payable from the levy of taxes.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.90-2002, SEC.516; P.L.38-2021, SEC.102.
Ind. Code § 36-2-2.8-1 — Indiana Code / Title 36 / Article 2 / Chapter 2.8 / Section 36-2-2.8-1
Applicability
Status: in_force

Sec. 1. This chapter only applies to a county not having a consolidated city.

As added by P.L.139-2024, SEC.1.
Ind. Code § 36-8-8.5-9 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-9
Eligibility
Status: in_force

Sec. 9. A member may make a DROP election as provided in this chapter only if the member is eligible to receive an unreduced benefit under the provisions of the applicable fund on the member's DROP entry date.

As added by P.L.62-2002, SEC.5.
Ind. Code § 36-5-6-9 — Indiana Code / Title 36 / Article 5 / Chapter 6 / Section 36-5-6-9
Vacancy in office
Status: in_force

Sec. 9. (a) This section applies if an office of town clerk-treasurer is vacant and the town legislative body is unable to fill the office under IC 3-13-9-3.

(b) The town legislative body may select a town legislative body member, who shall assume the duties of the office of town clerk-treasurer. For purposes of Article 2, Section 9 of the Constitution of the State of Indiana and Indiana law, if a town legislative body member serves as the ex officio town clerk-treasurer, the duties assumed by the town legislative body member:

(1) are considered part of the duties prescribed by law for the office of town legislative body member; and

(2) are not considered a second office.

A town legislative body member may not receive any additional compensation for assuming the duties of the town clerk treasurer.

(c) The town legislative body may either:

(1) enter into an interlocal agreement under IC 36-1-7 with the town clerk-treasurer and town legislative body of another town in the state to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office, provided that the agreement may not last longer than the remainder of the vacant clerk-treasurer's term and must meet the requirements of IC 36-1-7; or

(2) enter into a contract with a certified public accountant to assist the town legislative body member selected under subsection (b) in performing the duties of the clerk-treasurer's office, provided that the contract may not last longer than the remainder of the vacant clerk-treasurer's term.

(d) If, after reasonable diligence, the town is unable to meet the requirements under subsection (c), the town may hire any qualified person to perform the duties of the clerk-treasurer's office until the vacancy can be filled under IC 3-13-9-3, or until the end of the current clerk-treasurer's term, whichever is first.

As added by P.L.120-2015, SEC.3. Amended by P.L.58-2023, SEC.30.
Ind. Code § 36-7-2.4-4 — Indiana Code / Title 36 / Article 7 / Chapter 2.4 / Section 36-7-2.4-4
"Public school"
Status: in_force

Sec. 4. As used in this chapter, "public school" has the meaning set forth in IC 20-18-2-15(1).

As added by P.L.232-2025, SEC.32.
Ind. Code § 36-10-3-31 — Indiana Code / Title 36 / Article 10 / Chapter 3 / Section 36-10-3-31
Joint board of parks and recreation; budget request; disposition of money appropriated
Status: in_force

Sec. 31. (a) The joint board shall determine its total budget request. The members of each participating unit shall present to their fiscal body the total budget and shall state the amount chargeable to their unit by the terms of the agreement and ordinance. If their fiscal body does not appropriate an amount sufficient to meet the unit's proportionate share, the joint board may:

(1) reduce the expenditures attributable to that unit; or

(2) treat the reduced appropriation as a repudiation of the agreement and terminate the relationship according to section 32 of this chapter.

(b) Money appropriated by the participating units shall be deposited in a joint park and recreation board fund in the custody of the fiscal officer of the participating unit making the largest appropriation to the fund. Money may be withdrawn from the fund only upon vouchers signed by the president and secretary of the joint board.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-7-4-48; subsection (b) formerly 19-7-4-49.]

As added by Acts 1981, P.L.309, SEC.110.
Ind. Code § 36-7-4-1611 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1611
Review of facts confined to record
Status: in_force

Sec. 1611. Judicial review of disputed issues of fact must be confined to the board record for the zoning decision supplemented by additional evidence taken under section 1612 of this chapter. The court may not try the cause de novo or substitute its judgment for that of the board.

As added by P.L.126-2011, SEC.58.
Ind. Code § 36-7-17-4 — Indiana Code / Title 36 / Article 7 / Chapter 17 / Section 36-7-17-4
Notice to residents of unit
Status: in_force

Sec. 4. The agency shall, after the acquisition of real property for use as provided in this chapter, take the steps necessary to fully inform the residents of each unit in which the dwellings are located of:

(1) the existence, nature, and location of the dwellings;

(2) the qualifications required for participation in the program under this chapter; and

(3) the terms and conditions on which the dwellings may be conveyed to qualified persons.

[Pre-Local Government Recodification Citation: 18-7-21-3.]

As added by Acts 1981, P.L.309, SEC.36.
Ind. Code § 36-7-22-3 — Indiana Code / Title 36 / Article 7 / Chapter 22 / Section 36-7-22-3
"Economic improvement project" defined
Status: in_force

Sec. 3. As used in this chapter, "economic improvement project" means the following:

(1) Planning or managing development or improvement activities.

(2) Designing, landscaping, beautifying, constructing, or maintaining public areas, public improvements, or public ways (including designing, constructing, or maintaining lighting, infrastructure, utility facilities, improvements, and equipment, water facilities, improvements, and equipment, sewage facilities, improvements, and equipment, streets, or sidewalks for a public area or public way).

(3) Promoting commercial activity or public events.

(4) Supporting business recruitment and development.

(5) Providing security for public areas.

(6) Acquiring, constructing, or maintaining parking facilities.

(7) Constructing, rehabilitating, or repairing residential property, including improvements related to the habitability of the residential property.

(8) Acquiring, constructing, rehabilitating, or repairing redevelopment projects, economic development facilities described in IC 36-7-11.9-3, pollution control facilities described in IC 36-7-11.9-9, or other local improvements.

As added by P.L.195-1988, SEC.1. Amended by P.L.114-1989, SEC.12; P.L.131-2008, SEC.54; P.L.38-2021, SEC.94.
Ind. Code § 36-9-27-45.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-45.5
Excess drainage maintenance fund balance; transfer of funds
Status: in_force

Sec. 45.5. (a) This section applies when a county surveyor advises the drainage board that in the county surveyor's opinion a maintenance fund has a balance in excess of the amount reasonably needed in that fund for maintenance work in the foreseeable future.

(b) The board may transfer an amount up to a maximum of seventy-five percent (75%) of the money in the maintenance fund to a reconstruction fund that covers the same watershed as the maintenance fund from which the money is transferred.

As added by P.L.154-1993, SEC.6.
Ind. Code § 36-7-15.1-32 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-32
Housing program; notice and hearing; neighbor associations and residents
Status: in_force

Sec. 32. (a) The commission must establish a program for housing. The program, which may include such elements as the commission considers appropriate, must be adopted as part of a redevelopment plan or amendment to a redevelopment plan, and must establish an allocation area for purposes of sections 26 and 35 of this chapter for the accomplishment of the program.

(b) The notice and hearing provisions of sections 10 and 10.5 of this chapter apply to the resolution adopted under subsection (a). Judicial review of the resolution may be made under section 11 of this chapter.

(c) Before formal submission of any housing program to the commission, the department shall consult with persons interested in or affected by the proposed program and provide the affected neighborhood associations, residents, township assessors (if any), and the county assessor with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed program. The department may hold public meetings in the affected neighborhood to obtain the views of neighborhood associations and residents.

As added by P.L.193-1988, SEC.8. Amended by P.L.219-2007, SEC.130; P.L.146-2008, SEC.759.
Ind. Code § 36-9-6-4 — Indiana Code / Title 36 / Article 9 / Chapter 6 / Section 36-9-6-4
Condemnation, rental, and purchase of property
Status: in_force

Sec. 4. The works board may condemn, rent, or purchase any real or personal property needed by the city for any public use, unless a different provision for purchase is made by statute or ordinance. However, the city legislative body may by ordinance:

(1) require that these condemnations, rentals, or purchases be included in a long-range capital expenditure program to be proposed by the works board and updated as required by the legislative body, but at least annually;

(2) require the works board to estimate, at least annually, expenditures needed for condemnations, rentals, and purchases for each successive fiscal year;

(3) approve, amend, or reject all or part of the long-range capital expenditure program and the proposed annual expenditures, before or during the adoption of the city budget; and

(4) specify the manner in which the works board must itemize the estimates of capital program expenditures for each fiscal year.

[Pre-Local Government Recodification Citation: 18-1-6-15 part.]

As added by Acts 1981, P.L.309, SEC.79. Amended by Acts 1982, P.L.33, SEC.45.
Ind. Code § 36-7-15.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-3
"Department" defined
Status: in_force

Sec. 3. As used in this chapter, "department" refers to the department of metropolitan development of the city, subject to IC 36-3-4-23.

As added by P.L.194-1988, SEC.1.
Ind. Code § 36-7-31-13 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-13
Approval of resolution by budget agency
Status: in_force

Sec. 13. (a) The budget agency must approve the resolution before covered taxes may be allocated under section 14 or 14.2 of this chapter.

(b) When considering a resolution with respect to a tax area change described in section 11(a)(1) of this chapter, the budget committee and the budget agency must make the following findings:

(1) The cost of the facility and facility site specified under the resolution exceeds one hundred thousand dollars ($100,000).

(2) The project specified in the resolution is economically sound and will benefit the people of Indiana by protecting or increasing state and local tax bases and tax revenues for at least the duration of the tax area established under this chapter.

(3) The political subdivisions affected by the project specified in the resolution have committed significant resources towards completion of the improvement.

(c) When considering a resolution with respect to a tax area change described in section 11(a)(2) of this chapter, the budget committee and the budget agency must make the following findings:

(1) That the facility or complex of facilities described in section 10(b)(3) and 10(c) of this chapter will provide accommodations and significant meeting and convention space that directly enhance events and that are located in convenient proximity to capital improvements that are owned, leased, or operated by the capital improvement board.

(2) That the facility or complex of facilities in the tax area and the capital improvements that are owned, leased, or operated by the capital improvement board are integrally related to enhancing the convention opportunities that directly affect the success of both the facilities and capital improvements.

(3) That the facility or complex of facilities specified in the resolution will benefit the people of Indiana by providing the opportunity for the capital improvement board to hold events that would not otherwise be possible.

(4) That the facility or complex of facilities specified in the resolution will protect or increase state and local tax bases and tax revenues.

(5) That covered taxes, an innkeeper's tax under IC 6-9-8, or an admissions tax under IC 6-9-13 will not be used to finance or construct or in any way subsidize the construction of meeting or ballroom space that is:

(A) located within the footprint of a privately owned hotel; or

(B) that will be operated, maintained, or otherwise controlled by a privately owned hotel.

(d) Revenues from the tax area may not be allocated until the budget agency approves the resolution.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.411; P.L.109-2019, SEC.11.
Ind. Code § 36-9-6.1-3 — Indiana Code / Title 36 / Article 9 / Chapter 6.1 / Section 36-9-6.1-3
Works board carrying out thoroughfare plan; powers
Status: in_force

Sec. 3. Except as provided in section 5 of this chapter, a works board carrying out a thoroughfare plan under this chapter:

(1) has the same powers to:

(A) appropriate or condemn property;

(B) lay out, change, widen, straighten, or vacate public ways or public places;

(C) award and pay damages; and

(D) assess and collect benefits;

(2) shall proceed in the same manner; and

(3) is subject to the same rights of property owners, including the right to appeal;

as a works board that appropriates property under IC 32-24 and lays out, changes, widens, straightens, or vacates public ways or public places under IC 36-9-6.

As added by P.L.220-1986, SEC.30. Amended by P.L.2-2002, SEC.120.
Ind. Code § 36-9-4-10 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-10
Public acquisition of systems; declaratory resolution; creation of public transportation corporation
Status: in_force

Sec. 10. (a) If, as a result of its studies under section 9 of this chapter, the municipal legislative body finds that public acquisition of the system would fulfill one (1) or more of the conditions listed in section 5(a)(2) of this chapter, it may adopt an ordinance:

(1) declaring that public acquisition of the system is in the public interest of the municipality;

(2) providing for the creation of a public transportation corporation;

(3) specifying the number of directors of the corporation; and

(4) setting forth the boundaries of the taxing district of the corporation.

(b) The taxing district set forth in the ordinance may include only:

(1) all territory inside the corporate boundaries of the municipality; and

(2) the suburban territory, as defined in IC 36-9-1-9, that is served by the system at the time of acquisition.

[Pre-Local Government Recodification Citation: 19-5-2-9 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by P.L.348-1983, SEC.2.
Ind. Code § 36-7-18-31.1 — Indiana Code / Title 36 / Article 7 / Chapter 18 / Section 36-7-18-31.1
Repealed
Status: repealed

As added by Acts 1981, P.L.309, SEC.37. Repealed by Acts 1981, P.L.310, SEC.94.
Ind. Code § 36-1-6-9 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-9
Enforcement of ordinances through administrative proceedings; appeal
Status: in_force

Sec. 9. (a) The legislative body of a county or municipality may adopt an ordinance providing that certain other ordinances may be enforced through a proceeding before an administrative body of the county or municipality.

(b) An ordinance adopted under subsection (a) must designate the following:

(1) The ordinances that may be enforced through an administrative proceeding.

(2) The administrative body before which the proceeding may be brought.

(c) An ordinance may not be designated under subsection (b) for enforcement through an administrative proceeding unless the ordinance restricts or prohibits actions harmful to the land, air, or water, governs use of the public way, or governs the standing or parking of vehicles.

(d) In a proceeding to enforce an ordinance brought before an administrative body designated under subsection (b):

(1) a violation of the ordinance must be proven by a preponderance of the evidence; and

(2) the administrative body may not impose a penalty other than a fine in an amount within the limit set forth in IC 36-1-3-8(a)(10).

(e) A person who receives a penalty under subsection (d) may appeal the order imposing the penalty to a court of record in:

(1) the county that brought the enforcement proceeding if the proceeding is brought by a county; or

(2) the county in which the municipality is located if the proceeding is brought by a municipality.

(f) An appeal under subsection (e) from an order imposing a penalty must be filed not more than sixty (60) days after the day on which the order is entered.

As added by P.L.130-1991, SEC.36. Amended by P.L.64-1992, SEC.8; P.L.308-1995, SEC.1; P.L.149-2016, SEC.93.
Ind. Code § 36-9-3-3.1 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-3.1
Transfer of urban mass transportation powers to public transportation corporation
Status: in_force

Sec. 3.1. If an existing public transportation corporation operates within the boundaries of an authority established under section 2 or 3 of this chapter, the legislative body that established the public transportation corporation may adopt an ordinance to shift any of the powers set forth under IC 36-9-4 to the authority.

As added by P.L.235-1997, SEC.5.
Ind. Code § 36-8-12-16 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-16-b
Schedule of charges for service; conditions for collection; reports; failure to pay
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 16. (a) A volunteer fire department that provides service within a jurisdiction served by the department may establish a schedule of charges for the services that the department provides not to exceed the state fire marshal's recommended schedule for services. The volunteer fire department or its agent may collect a service charge according to this schedule from the owner of property that receives service if the following conditions are met:

(1) At the following times, the department gives notice under IC 5-3-1-1.5 in each political subdivision served by the department of the amount of the service charge for each service that the department provides:

(A) Before the schedule of service charges is initiated.

(B) When there is a change in the amount of a service charge.

(2) The property owner has not sent written notice to the department to refuse service by the department to the owner's property.

(3) The bill for payment of the service charge:

(A) is submitted to the property owner in writing within thirty (30) days after the services are provided;

(B) includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report;

(C) must contain verification that the bill has been approved by the chief of the volunteer fire department; and

(D) must contain language indicating that correspondence from the property owner and any question from the property owner regarding the bill should be directed to the department.

(4) Payment is remitted directly to the governmental unit providing the service.

(b) A volunteer fire department shall use the revenue collected from the fire service charges under this section:

(1) for the purchase of equipment, buildings, and property for firefighting, fire protection, or other emergency services;

(2) for deposit in the township firefighting and emergency services fund established under IC 36-8-13-4(a)(1) or the township firefighting fund established under IC 36-8-13-4(a)(2)(A); or

(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.

(c) Any administrative fees charged by a fire department's agent must be paid only from fees that are collected and allowed by Indiana law and the fire marshal's schedule of fees.

(d) An agent who processes fees on behalf of a fire department shall send all bills, notices, and other related materials to both the fire department and the person being billed for services.

(e) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.

(f) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2.1-155), the legislative body of a contracting political subdivision must approve the schedule of service charges established under subsection (a) before the schedule of service charges is initiated in that political subdivision.

(g) A volunteer fire department that:

(1) has contracted with a political subdivision to provide fire protection or emergency services; and

(2) charges for services under this section;

must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of service charges collected during the previous calendar year and how those funds have been expended.

(h) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.

(i) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge under this section and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.

As added by P.L.63-1991, SEC.8. Amended by P.L.70-1995, SEC.9; P.L.2-1996, SEC.294; P.L.1-1996, SEC.93; P.L.1-1998, SEC.213; P.L.50-1998, SEC.4; P.L.1-1999, SEC.100; P.L.240-2001, SEC.2; P.L.107-2007, SEC.16; P.L.3-2008, SEC.266; P.L.182-2009(ss), SEC.436; P.L.208-2011, SEC.2; P.L.236-2023, SEC.201; P.L.186-2025, SEC.258; P.L.157-2026, SEC.274.
Ind. Code § 36-9-30-19 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-19
Revenue bonds; application of proceeds; costs of facility
Status: in_force

Sec. 19. (a) All money received from any revenue bonds issued under this chapter, after reimbursements for preliminary expenses under section 16 of this chapter, shall be applied solely to the payment of the costs of the facilities acquired or constructed under this chapter. Any surplus of bond proceeds above that amount shall be paid into the fund established under section 18 of this chapter. The holders of the bonds have a lien on the money until it is applied in the manner prescribed by this section.

(b) For purposes of this section, costs of the facilities include:

(1) the cost of all property and rights considered necessary or convenient for installing, constructing, and equipping the facilities;

(2) interest on bonds before and during the acquisition, installation, construction, and equipment of the facilities, and for six (6) months after the start of collection of fees under this chapter;

(3) engineering and legal expenses;

(4) expenses for estimates of cost and revenues;

(5) expenses for surveys and plans;

(6) other expenses necessary or incidental to determining the feasibility or practicability of the method or methods to be used for the disposal of solid waste;

(7) administrative expenses; and

(8) other expenses necessary or incidental to financing under this chapter.

[Pre-Local Government Recodification Citations: 19-2-1-11; 19-2-1-14.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-2-11-13 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-13
Plat or instrument of title to real property recorded in county where plat or property not located
Status: in_force

Sec. 13. If a plat or an instrument of title to real property is recorded in a county other than the one in which the plat or property is located, the county executive of the county in which the plat or property is located may order the recorder of its county to record a copy of the plat or instrument that has been certified by the recorder of the county in which it was first recorded. A copy of a record made under this section that is certified by the recorder of the county in which the plat or property is located has the same force in evidence as the original instrument would have.

[Pre-Local Government Recodification Citation: 17-3-39-7.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-8-8-12.5 — Indiana Code / Title 36 / Article 8 / Chapter 8 / Section 36-8-8-12.5
Determination of class of impairment
Status: in_force

Sec. 12.5. (a) This section applies only to a fund member who:

(1) is hired for the first time after December 31, 1989;

(2) chooses coverage by this section and section 13.5 of this chapter under section 12.4 of this chapter; or

(3) is described in section 12.3(c)(2) of this chapter.

(b) At the same hearing where the determination of whether the fund member has a covered impairment is made, the local board shall determine the following:

(1) Whether the fund member has a Class 1 impairment. A Class 1 impairment is a covered impairment that is the direct result of one (1) or more of the following:

(A) A personal injury that occurs while the fund member is on duty.

(B) A personal injury that occurs while the fund member is off

duty and is responding to:

(i) an offense or a reported offense, in the case of a police officer; or

(ii) an emergency or reported emergency for which the fund member is trained, in the case of a firefighter.

(C) An occupational disease (as defined in IC 22-3-7-10). A covered impairment that is included within this clause and subdivision (2), including mental illnesses, shall be considered a Class 1 impairment.

(D) A health condition caused by an exposure risk disease that results in a presumption of disability or death incurred in the line of duty under IC 5-10-13.

(2) Whether the fund member has a Class 2 impairment. A Class 2 impairment is a covered impairment that is:

(A) a duty related disease. A duty related disease means a disease arising out of the fund member's employment. A disease shall be considered to arise out of the fund member's employment if it is apparent to the rational mind, upon consideration of all of the circumstances, that:

(i) there is a connection between the conditions under which the fund member's duties are performed and the disease;

(ii) the disease can be seen to have followed as a natural incident of the fund member's duties as a result of the exposure occasioned by the nature of the fund member's duties; and

(iii) the disease can be traced to the fund member's employment as the proximate cause; or

(B) a health condition caused by:

(i) an exposure related heart or lung disease;

(ii) an exposure related cancer; or

(iii) exposure related Parkinson's disease;

that results in a presumption of disability incurred in the line of duty under IC 5-10-15.

(3) Whether the fund member has a Class 3 impairment. A Class 3 impairment is a covered impairment that is not a Class 1 impairment or a Class 2 impairment.

As added by P.L.311-1989, SEC.9. Amended by P.L.213-1995, SEC.10; P.L.185-2002, SEC.11; P.L.62-2006, SEC.7; P.L.59-2009, SEC.5; P.L.54-2020, SEC.1.
Ind. Code § 36-5-4-4 — Indiana Code / Title 36 / Article 5 / Chapter 4 / Section 36-5-4-4
Claims against town; allowance; violation
Status: in_force

Sec. 4. (a) Except as provided in section 12 of this chapter, the town legislative body or a board of the town may allow a claim:

(1) only at a meeting of the legislative body or board; and

(2) only if the claim was filed in the manner prescribed by IC 5-11-10-2 at least five (5) days before the meeting.

(b) A town officer who violates this section forfeits the town officer's office.

[Pre-Local Government Recodification Citation: 18-1-20-1 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.32-1992, SEC.5; P.L.127-2017, SEC.144.
Ind. Code § 36-8-3-6 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-6
Police officers; powers and duties
Status: in_force

Sec. 6. (a) This section applies to:

(1) all municipalities; and

(2) a county having a consolidated city.

(b) A warrant of search or arrest, issued by any judge, may be executed in the municipality by:

(1) any municipal police officer; or

(2) a member of the consolidated law enforcement department established under IC 36-3-1-5.1;

subject to the laws governing arrest and bail.

(c) The police officers of a municipality or a member of the consolidated law enforcement department shall:

(1) serve all process within the municipality or the consolidated city issuing from the city or town court;

(2) arrest, without process, all persons who within view violate statutes, take them before the court having jurisdiction of the offense, and retain them in custody until the cause of the arrest has been investigated;

(3) enforce municipal ordinances in accordance with IC 36-1-6;

(4) suppress all breaches of the peace within their knowledge and may call to their aid the power of the municipality or the consolidated city and pursue and commit to jail persons guilty of crimes;

(5) serve all process issued by:

(A) the legislative body of the municipality or the consolidated city;

(B) any committee of the legislative body of the municipality or the consolidated city; or

(C) any of the executive departments of the municipality or the consolidated city;

(6) serve the city or town court and assist the bailiff in preserving order in the court; and

(7) convey prisoners to and from the county jail or station houses of the municipality or the consolidated city for arraignment or trial in the city or town court or to the place of imprisonment under sentence of the court.

[Pre-Local Government Recodification Citation: 18-1-11-4.]

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1982, P.L.33, SEC.38; P.L.227-2005, SEC.37.
Ind. Code § 36-1-8.5-10 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-10
Change of name
Status: in_force

Sec. 10. (a) This section applies to a covered person who:

(1) after submitting a state address confidentiality form or written request under section 7(a) of this chapter, obtains a change of name under IC 34-28-2; and

(2) notifies the unit in writing of the name change.

(b) The unit shall prevent a search by the general public of the public property data base web site from disclosing or otherwise associating the covered person's home address with the covered person's former name and new name. The unit may charge a reasonable fee to process a name change under this section.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.19; P.L.156-2020, SEC.135.
Ind. Code § 36-10-12-1 — Indiana Code / Title 36 / Article 10 / Chapter 12 / Section 36-10-12-1
"Board of school trustees"
Status: in_force

Sec. 1. As used in this chapter, "board of school trustees" means the school board of an incorporated town.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-5-17-1.]

As added by P.L.1-2005, SEC.47.
Ind. Code § 36-1-31.5-4 — Indiana Code / Title 36 / Article 1 / Chapter 31.5 / Section 36-1-31.5-4
Local law enforcement agency; reporting requirements
Status: in_force

Sec. 4. Not later than March 1 of each year, each local law enforcement agency shall provide to the state police department the number of citations issued and arrests made for violations of section 1 of this chapter by the law enforcement agency during the preceding calendar year.

As added by P.L.138-2026, SEC.5.
Ind. Code § 36-7-14.5-10 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-10
Bylaws; rules
Status: in_force

Sec. 10. The board may adopt such bylaws and rules as it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-7.6-1-11 — Indiana Code / Title 36 / Article 7.6 / Chapter 1 / Section 36-7.6-1-11
"Eligible political subdivision"
Status: in_force

Sec. 11. "Eligible political subdivision" means any of the following:

(1) A county.

(2) A municipality.

(3) An airport authority.

(4) A commuter transportation district.

(5) A regional transportation authority.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7-23-37 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-37
Delegation of administrative duties
Status: in_force

Sec. 37. The board may delegate to one (1) or more agents or employees of the authority the administrative duties the board considers proper.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-15.1-51 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-51
Application for and acceptance of loans; issuance and sale of bonds; approval of fiscal body and legislative body
Status: in_force

Sec. 51. (a) Subject to the approval of the legislative body of the consolidated city, and in order to:

(1) undertake survey and planning activities under this chapter;

(2) undertake and carry out any redevelopment project or economic development plan;

(3) pay principal and interest on any advances;

(4) pay or retire any bonds and interest on them; or

(5) refund loans previously made under this section;

the commission may apply for and accept advances, short term and long term loans, grants, contributions, loan guarantees, and any other form of financial assistance from the federal government or from any of its agencies. The commission may apply for and accept loans under this section from sources other than the federal government or federal agencies, but only if the loans are unconditionally guaranteed by the federal government or federal agencies. The commission may also enter into and carry out contracts and agreements in connection with that financial assistance upon the terms and conditions that the commission considers reasonable and appropriate, if those terms and conditions are not inconsistent with the purposes of this chapter. The provisions of such a contract or agreement in regard to the handling, deposit, and application of project funds as all other provisions are valid and binding on the excluded city or its executive departments and officers, as well as the commission, notwithstanding any other provision of this chapter.

(b) Subject to the approval of the fiscal body of the consolidated city, the commission may issue and sell bonds, notes, or warrants:

(1) to the federal government to evidence short term or long term loans made under this section; or

(2) to persons or entities other than the federal government to evidence short or long term loans made under this section that are unconditionally guaranteed by the federal government or federal agencies;

without notice of sale being given or a public offering being made.

(c) Notwithstanding any other law, bonds, notes, or warrants issued by the commission under this section may:

(1) be in the amounts, form, or denomination;

(2) be either coupon or registered;

(3) carry conversion or other privileges;

(4) have a rank or priority;

(5) be of such description;

(6) be secured (subject to other provisions of this section) in such manner;

(7) bear interest at a rate or rates;

(8) be payable as to both principal and interest in a medium of payment, at a time or times (which may be upon demand), and at a place or places;

(9) be subject to terms of redemption (with or without premium);

(10) contain or be subject to any covenants, conditions, and provisions; and

(11) have any other characteristics;

that the commission considers reasonable and appropriate.

(d) Bonds, notes, or warrants issued under this section are not an indebtedness of the excluded city or its redevelopment district within the meaning of any constitutional or statutory limitation of indebtedness. The bonds, notes, or warrants are not payable from or secured by a levy of taxes but are payable only from and secured only by income, funds, and properties of the project becoming available to the commission under this chapter or by grant funds from the federal government, as the commission specifies in the resolution authorizing their issuance.

(e) Bonds, notes, or warrants issued under this section are exempt from taxation as provided by IC 6-8-5.

(f) Bonds, notes, or warrants issued under this section shall be executed by the city executive and attested by the fiscal officer in the name of the "City (or Town) of _______________, for and on behalf of its Redevelopment District".

(g) Following the adoption of the resolution authorizing the issuance of bonds, notes, or warrants under this section, the commission shall certify a copy of that resolution to the officers of the excluded city who have duties with respect to bonds, notes, or warrants of the excluded city. At the proper time, the commission shall deliver to the officers the unexecuted bonds, notes, or warrants prepared for execution in accordance with the resolution.

(h) All bonds, notes, or warrants issued under this section shall be sold by the officers of the excluded city who have duties with respect to the sale of bonds, notes, or warrants of the excluded city. If an officer whose signature appears on any bonds, notes, or warrants issued under this section leaves office before their delivery, the signature remains valid and sufficient for all purposes as if the officer had remained in office until the delivery.

(i) If, at any time during the life of a loan contract or agreement under this section, the commission can obtain loans for the purposes of this section from sources other than the federal government at interest rates not less favorable than provided in the loan contract or agreement, and if the loan contract or agreement so permits, the commission may do so and may pledge the loan contract and any rights under that contract as security for the repayment of the loans obtained from other sources. Any loan under this subsection may be evidenced by bonds, notes, or warrants issued and secured in the same manner as provided in this section for loans from the federal government. These bonds, notes, or warrants may be sold at either public or private sale, as the commission considers appropriate.

(j) Money obtained from the federal government or from other sources under this section, and money that is required by a contract or agreement under this section to be used for project expenditure purposes, repayment of survey and planning advances, or repayment of temporary or definitive loans, may be expended by the commission without regard to any law pertaining to the making and approval of budgets, appropriations, and expenditures.

(k) Bonds, notes, or warrants issued under this section are declared to be issued for an essential public and governmental purpose.

As added by P.L.102-1999, SEC.18. Amended by P.L.146-2008, SEC.764.
Ind. Code § 36-7-15.1-26.6 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26.6
Authorization to enter into agreement with a taxpayer for waiver of review of an assessment of property taxes; agreement to pay taxes for portion of outstanding bonds
Status: in_force

Sec. 26.6. (a) The commission may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.

(b) The original owner of each nonowner occupied residential property subject to the two percent (2%) tax cap, that is located in the tax increment financing area and is excluded from the base assessed value, shall upon completion of construction enter into a written agreement with the redevelopment commission indicating the owner shall be obligated to pay the property tax for the portion of outstanding bonds in the tax increment financing district attributable to the property until the term length of the original outstanding bond is retired. The written agreement with the redevelopment commission shall be considered a lien on the property and shall be included as part of the residential real estate sales disclosure under IC 32-21-5. If the property is subsequently sold as a homestead property and becomes subject to the one percent (1%) tax cap, the new owner shall be responsible for the lien on the property attributable to the written agreement with the redevelopment commission, and the new homestead property owner shall be obligated to fulfill the terms of the written agreement including the payment of the property tax liability included in the agreement. This subsection does not apply to multi-family apartments.

As added by P.L.249-2015, SEC.28. Amended by P.L.157-2026, SEC.247.
Ind. Code § 36-7-4-1108 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1108
Child care home used as primary residence of care home operator
Status: in_force

Note: This version of section amended by P.L.145-2026, SEC.248, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.497, effective 7-1-2027.

Sec. 1108. (a) This section applies only to a child care home that is used as the primary residence of the person who operates the child care home regardless of whether the child care home meets the definition set forth in IC 12-7-2.1-57.

(b) A zoning ordinance may not do any of the following:

(1) Exclude a child care home from a residential area solely because the child care home is a business.

(2) Impose limits on the number of children that may be served by a child care home at any one (1) time that vary from the limits set forth in IC 12-7-2.1-68 and IC 12-7-2.1-69.

(3) Impose requirements or restrictions upon child care homes that vary from the requirements and restrictions imposed upon child care homes by rules adopted by the division of family resources or the fire prevention and building safety commission.

(c) Notwithstanding subsection (b), a child care home may be required to meet the same:

(1) zoning requirements;

(2) developmental standards; and

(3) building codes;

that apply to other residential structures in the same residential district or classification as the child care home.

As added by P.L.136-1993, SEC.23. Amended by P.L.145-2006, SEC.374; P.L.134-2024, SEC.9; P.L.145-2026, SEC.248.
Ind. Code § 36-7-14-18 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-18
Appeals
Status: in_force

Sec. 18. (a) A person who filed a written remonstrance with the redevelopment commission under section 17 of this chapter and is aggrieved by the final action taken may, within ten (10) days after that final action, file in the office of the clerk of the circuit or superior court a copy of the order of the commission and the remonstrator's remonstrance against that order, together with the remonstrator's bond conditioned to pay the costs of the remonstrator's appeal if the appeal is determined against the remonstrator. The only ground of remonstrance that the court may hear is whether the proposed project will be of public utility and benefit. The burden of proof is on the remonstrator.

(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined within thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the remonstrances, and may confirm the final action of the commission or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.

[Pre-Local Government Recodification Citations: 18-7-7-15; 18-7-7.1-15.]

As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.127-2017, SEC.204.
Ind. Code § 36-1-26-4 — Indiana Code / Title 36 / Article 1 / Chapter 26 / Section 36-1-26-4
Explicit list of disqualifying crimes required; use of conviction; criteria for evaluating applicant's criminal history
Status: in_force

Sec. 4. (a) Not later than November 1, 2018, a unit shall revise its licensing requirements to the extent necessary to explicitly list the crimes that will disqualify an individual from receiving a license required by the unit. The unit may not:

(1) use nonspecific terms, such as moral turpitude or good character, as a licensing requirement; or

(2) consider an arrest that does not result in a conviction.

(b) A unit's use of an individual's conviction of a crime as a disqualifying criminal conviction is limited to a crime that is specifically and directly related to the duties and responsibilities of the occupation or profession for which the individual is applying for or holds a license.

(c) If an applicant has a disqualifying criminal history, the unit shall consider the following in determining whether to deny a license to the applicant, based on a clear and convincing showing:

(1) The nature and seriousness of the crime for which the individual was convicted.

(2) The passage of time since the commission of the crime.

(3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.

(4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation.

(d) If an individual has a disqualifying criminal conviction, the period of disqualification may not exceed five (5) years after the date of the conviction or release from incarceration, whichever is later, unless the individual:

(1) was convicted of a crime of violence (as defined by IC 35-31.5-2-79);

(2) was convicted of an offense relating to a criminal sexual act (as defined by IC 35-31.5-2-216); or

(3) is convicted of a second or subsequent crime during the disqualification period.

As added by P.L.182-2018, SEC.6. Amended by P.L.85-2026, SEC.28.
Ind. Code § 36-1-12.5-5.3 — Indiana Code / Title 36 / Article 1 / Chapter 12.5 / Section 36-1-12.5-5.3
Certification of subcontractor required
Status: in_force

Sec. 5.3. (a) This section applies only to a guaranteed energy savings contract or a guaranteed savings contract entered into after June 30, 1999.

(b) A qualified provider may enter into a subcontract:

(1) with a value of more than one hundred fifty thousand dollars ($150,000); and

(2) for the performance of any part of a guaranteed energy savings contract or guaranteed savings contract;

only if the subcontractor is certified under IC 4-13.6-4.

As added by P.L.58-1999, SEC.11. Amended by P.L.168-2006, SEC.12.
Ind. Code § 36-7-31.3-8 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-8
Designation of a facility as part of a professional sports and convention development area; expansion of area
Status: in_force

Sec. 8. (a) A designating body may designate as part of a professional sports and convention development area any facility that is:

(1) owned by the city, the county, a school corporation, or a board under IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11, and used by a professional sports franchise for practice or competitive sporting events;

(2) owned by the city, the county, or a board under IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11, and used as one (1) of the following:

(A) A facility used principally for convention or tourism related events serving national or regional markets.

(B) An airport.

(C) A museum.

(D) A zoo.

(E) A facility used for public attractions of national significance.

(F) A performing arts venue.

(G) A county courthouse registered on the National Register of Historic Places; or

(3) a hotel.

Notwithstanding section 9 of this chapter or any other law, a designating body may by resolution approve the expansion of a professional sports and convention development area after June 30, 2009, to include a hotel designated by the designating body. A resolution for such an expansion must be reviewed by the budget committee and approved by the budget agency in the same manner as a resolution establishing a professional sports and convention development area is reviewed and approved. A facility may not include a private golf course or related improvements. The tax area may include only facilities described in this section and any parcel of land on which a facility is located. An area may contain noncontiguous tracts of land within the city, county, or school corporation.

(b) Except for a tax area that is located in:

(1) the city of Fort Wayne; or

(2) the city of Gary;

a tax area must include at least one (1) facility described in subsection (a)(1).

(c) A tax area may contain other facilities not owned by the designating body if:

(1) the facility is owned by a city, the county, a school corporation, or a board established under IC 36-9-13, IC 36-10-8, IC 36-10-10, or IC 36-10-11; and

(2) an agreement exists between the designating body and the owner of the facility specifying the distribution and uses of the covered taxes to be allocated under this chapter.

(d) This subsection applies to all tax areas located in Allen County. The facilities located at an Indiana University Fort Wayne and Purdue University Fort Wayne campus are added to the tax area designated by the county. For state fiscal years:

(1) beginning before July 1, 2021, the maximum amount of covered taxes that may be captured in all tax areas located in the county is three million dollars ($3,000,000) per year; and

(2) beginning after June 30, 2021, the maximum amount of covered taxes that may be captured in all tax areas located in the county is five million dollars ($5,000,000) per year;

regardless of the designating body that established the tax area. The revenue from the local income tax imposed under IC 6-3.6 that is captured must be counted first toward this maximum.

(e) This subsection applies to a tax area located in the city of Evansville. Notwithstanding any other provision of this chapter, the tax area shall include each facility or complex of facilities as follows:

(1) For state fiscal years beginning after July 1, 2021, any facility in the city of Evansville that:

(A) consists of a hotel; and

(B) is located in the north part of an area bounded on the northwest by Walnut Street, on the northeast by SE Martin Luther King Jr. Boulevard, on the southwest by SE 6th Street, and on the southeast by Cherry Street, as those streets were located on July 1, 2021.

(2) For state fiscal years beginning after June 30, 2026, any facility or complex of facilities located in the city of Evansville as follows:

(A) Any facility or complex of facilities that consists of a sports, recreational, and event facility or complex of facilities bounded on the north by Main Street, on the west by SE 6th Street, on the east by SE Martin Luther King Jr. Boulevard, and on the south by Walnut Street, as those streets were located on July 1, 2026.

(B) Any facility or complex of facilities that consists of a zoo bounded on the north by W Summit Drive and Buchanan Road, on the west by Meskar Park Drive, on the east by N St. Joseph Avenue, and on the south by Bement Avenue, as those streets were located on July 1, 2026.

(C) Any facility or complex of facilities that consists of a hotel bounded on the north by Walnut Street, on the west by SE 2nd Street, on the east by SE 3rd Street, and on the south by Cherry Street, as those streets were located on July 1, 2026.

(D) Any facility or complex of facilities that is:

(i) owned by the city of Evansville through a board established under IC 36-9-6;

(ii) titled in the name of the city of Evansville or an entity established to assist the city of Evansville to exercise its corporate powers;

(iii) occupied by the city of Evansville; and

(iv) used to exercise power under IC 36-1-4 to provide services pursuant to IC 36-4-4-3, IC 36-4-4-4, IC 36-8-2, and IC 36-9-2.

The provisions in sections 11 and 12 of this chapter are not applicable to the area described in this subsection.

(f) This subsection applies to a tax area located in the city of South Bend. Notwithstanding any other provision of this chapter, for state fiscal years in which the tax area is renewed under section 10(e) of this chapter after June 30, 2021, the tax area shall also include any facility or complex of facilities as follows:

(1) That consists of hotels located in the following areas in the city of South Bend:

(A) In the east quadrant of an area bounded on the north by Columbus Court, on the east by North Main Street, and on the south by West Washington Street, as those streets were located on July 1, 2021.

(B) An area bounded on the north by East Colfax Avenue, on the east by Doctor Martin Luther King, Jr. Boulevard, on the south by East Washington Street, and on the west by North Michigan Street, as those streets were located on July 1, 2021.

(C) In the southeast quadrant of an area bounded on the north by East Washington Street, on the east by Doctor Martin Luther King, Jr. Boulevard, and on the south by East Jefferson Boulevard, as those streets were located on July 1, 2021.

(2) That consists of a sports, recreational and event facility or complex of facilities located in the city of South Bend, in the northeast quadrant of an area bounded on the north by East Jefferson Boulevard, on the east by South St. Louis Boulevard, as those streets were located on July 1, 2021, and on the west by the St. Joseph River.

(3) Located at an Indiana University South Bend campus.

(4) That is within the boundaries of the city of South Bend and:

(A) owned by the city of South Bend through a board established under IC 36-9-6;

(B) titled in the name of the city of South Bend or an entity established to assist the city of South Bend to exercise its corporate powers;

(C) occupied by the city of South Bend; and

(D) used to exercise power under IC 36-1-4 to provide services pursuant to IC 36-4-4-3, IC 36-4-4-4, IC 36-8-2, and IC 36-9-2.

The provisions in sections 11 and 12 of this chapter are not applicable to the renewal of the tax areas described in this subsection.

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.178-2002, SEC.126; P.L.64-2004, SEC.35; P.L.1-2006, SEC.570; P.L.176-2009, SEC.25; P.L.182-2009(ss), SEC.510; P.L.119-2012, SEC.210; P.L.197-2016, SEC.136; P.L.79-2021, SEC.1; P.L.9-2022, SEC.80; P.L.104-2022, SEC.192; P.L.183-2023, SEC.1; P.L.213-2025, SEC.307.
Ind. Code § 36-7-4.2-2 — Indiana Code / Title 36 / Article 7 / Chapter 4.2 / Section 36-7-4.2-2
Exclusions
Status: in_force

Sec. 2. (a) This chapter does not apply to property within:

(1) a historic area or historic zoning district created under:

(A) IC 36-7-11;

(B) IC 36-7-11.1;

(C) IC 36-7-11.2; or

(D) IC 36-7-11.3;

(2) a flood plain (as defined in IC 14-8-2-99); or

(3) subject to subsection (b), an area zoned for commercial use that authorizes mixed use residential projects.

(b) Subsection (a)(3) does not include areas that contain a shooting range (as defined in IC 14-22-31.5-3) that:

(1) was lawfully established and in operation before July 1, 2026;

(2) was located on property zoned for commercial use on or before July 1, 2026; and

(3) seeks to develop an indoor shooting range after June 30, 2026, within the geographic boundaries of the shooting range as it existed on July 1, 2026.

As added by P.L.117-2026, SEC.3.
Ind. Code § 36-1.5-2-3 — Indiana Code / Title 36 / Article 1.5 / Chapter 2 / Section 36-1.5-2-3
"Plan of reorganization"
Status: in_force

Sec. 3. "Plan of reorganization" refers to a plan of reorganization approved by the legislative body of each reorganizing political subdivision under this article.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-7-31.6-4 — Indiana Code / Title 36 / Article 7 / Chapter 31.6 / Section 36-7-31.6-4
Establishment of area; time; area changes; special taxing district
Status: in_force

Sec. 4. (a) A tax area must be initially established not later than July 1, 2027, according to the procedures set forth for the establishment of an economic development area under IC 36-7-14. A tax area may be changed or the terms governing the tax area revised in the same manner as the establishment of the initial tax area.

(b) In establishing or changing the terms of the tax area or revising the terms governing the tax area, the commission must make the following findings required for the establishment of economic development areas:

(1) That a project to be undertaken or that has been undertaken in the tax area is for a facility.

(2) That the project to be undertaken or that has been undertaken in the tax area will benefit the public health and welfare and will be of public utility and benefit.

(3) That the project to be undertaken or that has been undertaken in the tax area will protect or increase state and local tax bases and tax revenues.

(c) The tax area established by the commission under this chapter is a special taxing district authorized by the general assembly to enable the authority and the board to provide special benefits to taxpayers in the tax area by promoting economic development that is of public use and benefit.

As added by P.L.44-2026, SEC.26.
Ind. Code § 36-8-15-3 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-3
"Communications system" defined
Status: in_force

Sec. 3. As used in this chapter, "communications system" means any system:

(1) designed for the transmission of writing, signs, signals, pictures, data, and sounds of all kinds by any means, device, or apparatus; and

(2) intended for use only by public safety agencies for public purposes.

As added by P.L.82-1985, SEC.3.
Ind. Code § 36-7-35-8 — Indiana Code / Title 36 / Article 7 / Chapter 35 / Section 36-7-35-8
"Residentially distressed area" defined
Status: in_force

Sec. 8. As used in this chapter, "residentially distressed area" means an area:

(1) that has a significant number of:

(A) dwellings (as defined in IC 6-1.1-12-37) within the area that are:

(i) not permanently occupied;

(ii) subject to an order issued under IC 36-7-9; or

(iii) evidencing significant building deficiencies; or

(B) vacant parcels of real property (as defined by IC 6-1.1-1-15); or

(2) that has experienced a net loss in the number of dwellings (as defined in IC 6-1.1-12-37).

As added by P.L.144-2008, SEC.47. Amended by P.L.1-2009, SEC.168.
Ind. Code § 36-9-3-3 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-3
Expansion to include additional counties or municipalities; procedure
Status: in_force

Sec. 3. Except as provided in section 3.5 of this chapter, the authority may be expanded to include one (1) or more additional counties or municipalities within the same planning district if resolutions approving the expansion are adopted by the fiscal bodies of:

(1) the counties or municipalities to be added to the authority; and

(2) a majority of the counties and municipalities already in the authority.

[Pre-Local Government Recodification Citation: 19-5-2.5-3 part.]

As added by Acts 1981, P.L.309, SEC.76. Amended by P.L.235-1997, SEC.4; P.L.70-2007, SEC.1.
Ind. Code § 36-12-11-7 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-7
Public library service; application for certification
Status: in_force

Sec. 7. (a) An individual who:

(1) desires to be certified as a librarian in a designated division, grade, or type of public library service; and

(2) possesses the qualifications prescribed in the rules of the board as essential to enable an individual to apply for a certificate;

may apply to the board for a certificate in any grade or grades of public library service.

(b) The application must be:

(1) made on a form prescribed and supplied by the board; and

(2) accompanied by the fee set by the board under section 11 of this chapter.

(c) If the application is found to be satisfactory, the applicant is entitled to a certificate in the grade or grades of public library service for which the applicant applied.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-7.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-2.5-13 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-13
Schedule of application requirements
Status: in_force

Sec. 13. A unit shall provide an applicant with a schedule of the requirements for applying for and obtaining a permit, including the following:

(1) A list of any plan reviews or inspections that are required by the unit. The schedule must state that an applicant:

(A) may use:

(i) the unit to conduct any plan review or inspection; or

(ii) a private provider to conduct any plan review or inspection; and

(B) must indicate on the application whether the applicant will use a private provider.

(2) The timeline set forth in this chapter for notifications and submission of documents.

(3) Any regulatory fees charged by the unit.

(4) All of the requirements for a complete application. The schedule must specify any documents that must accompany the application, including any prior approvals or permits for:

(A) zoning;

(B) drainage;

(C) sewer or septic;

(D) wells;

(E) driveways; or

(F) flood control;

that the applicant must obtain before applying for the permit.

(5) If a private provider is used to conduct a plan review or inspection, a copy of the private provider's certificate of insurance indicating that the private provider satisfies the coverage amounts set forth in section 26 of this chapter.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-8-1-12 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-12
"Upper level policymaking position"
Status: in_force

Sec. 12. "Upper level policymaking position" refers to the position held by the police chief or fire chief and to each position held by the members of the police department or fire department in:

(1) the next rank and pay grade immediately below the chief, if the authorized size of the department is:

(A) more than ten (10) but less than fifty-one (51) members, in the case of a police department; or

(B) more than ten (10) but less than two hundred one (201) members, in the case of a fire department; or

(2) the next two (2) ranks and pay grades immediately below the chief, if the authorized size of the department is:

(A) more than fifty (50) members, in the case of a police department; or

(B) more than two hundred (200) members, in the case of a fire department.

[Pre-Local Government Recodification Citation: 18-1-11-3(a)(1).]

As added by Acts 1981, P.L.309, SEC.51.
Ind. Code § 36-9-30-8 — Indiana Code / Title 36 / Article 9 / Chapter 30 / Section 36-9-30-8
Contracts or agreements necessary to performance of board's duties
Status: in_force

Sec. 8. The board may take all steps and proceedings and enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. However, any contract relating to the financing of the acquisition, construction, or purchase of facilities for the collection and disposal of solid waste must be approved by the fiscal body of the unit before it is effective.

[Pre-Local Government Recodification Citations: 19-2-1-7 part; 19-2-6-1 part.]

As added by Acts 1981, P.L.309, SEC.106.
Ind. Code § 36-4-12-4 — Indiana Code / Title 36 / Article 4 / Chapter 12 / Section 36-4-12-4
Legislative body members barred from position
Status: in_force

Sec. 4. The city legislative body may not employ a member of the legislative body as the city manager. A former member of the city legislative body may not be employed as the city manager for a period of two (2) years after leaving office.

As added by P.L.10-1997, SEC.32.
Ind. Code § 36-1-2-21 — Indiana Code / Title 36 / Article 1 / Chapter 2 / Section 36-1-2-21
"Town"
Status: in_force

Sec. 21. "Town" refers to an incorporated town, unless the reference is to a school town.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-32.6-2 — Indiana Code / Title 36 / Article 7 / Chapter 32.6 / Section 36-7-32.6-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the northwest Indiana stadium board created by IC 36-10-9.5.

As added by P.L.44-2026, SEC.27.
Ind. Code § 36-7-29-12 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-12
Powers and duties of boards
Status: in_force

Sec. 12. (a) The board may:

(1) receive and disburse funds;

(2) sue and be sued;

(3) plan, finance, and manage substance removal or remedial action at qualified sites;

(4) make and contract for plans, surveys, studies, and investigations necessary for the purpose of substance removal or remedial action at qualified sites;

(5) enter upon property to make surveys, soundings, borings, and examinations;

(6) acquire by negotiation any property or rights or interest in property reasonably required for substance removal or remedial action under the bond resolution without following any other statutory procedures for that acquisition;

(7) accept gifts, grants, or loans of money, other property, or services from any source, public or private, and comply with the terms of the gift, grant, or loan;

(8) borrow in anticipation of taxes;

(9) contract for professional services;

(10) enter into an interlocal cooperation agreement under IC 36-1-7 to obtain funds for:

(A) fiscal;

(B) administrative;

(C) managerial; or

(D) operational;

services from a county or municipality;

(11) conduct or contract for ongoing site maintenance, leachate collection, and long term monitoring at a qualified site after the substance removal or remedial action is complete;

(12) enter into an agreement with a state or federal agency that regulates remedial action or removal;

(13) pursue all legal remedies available as to other responsible persons who are not participating in the financing of the substance removal or remedial action through payment of property taxes that, in the sole judgment of the board, are commensurate with the responsible person's past use of the qualified site; and

(14) otherwise do all things necessary or proper to accomplish the purposes of this chapter.

(b) This subsection applies to a district located in a county described in section 1(2) of this chapter. In addition to the powers set forth in subsection (a), the board may levy a tax within the district to pay the costs of operation of the district, subject to regular budget and tax levy procedures. However, the maximum amount of taxes levied each year may not exceed fifty thousand dollars ($50,000). The tax described in this subsection shall not be levied after substance removal and remedial action at a qualified site have been completed.

(c) Money recovered by the district from responsible persons shall be used for any of the following:

(1) To redeem bonds issued under section 13 of this chapter.

(2) To pay debt service on bonds issued under section 13 of this chapter.

(3) To reimburse a unit in the district for costs associated with removal or remediation at the qualified site prior to the issuance of bonds issued under section 13 of this chapter.

(4) To pay ongoing costs of the district associated with remediation or removal.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-4-3-11 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11
Remonstrances; filing; determination of signatures; hearing
Status: in_force

Sec. 11. (a) This subsection applies only to an annexation for which an annexation ordinance was adopted before July 1, 2015. Except as provided in section 5.1(i) of this chapter and subsections (e) and (f), whenever territory is annexed by a municipality under this chapter, the annexation may be appealed by filing with the circuit or superior court of a county in which the annexed territory is located a written remonstrance signed by:

(1) at least sixty-five percent (65%) of the owners of land in the annexed territory; or

(2) the owners of more than seventy-five percent (75%) in assessed valuation of the land in the annexed territory.

The remonstrance must be filed within ninety (90) days after the publication of the annexation ordinance under section 7 of this chapter, must be accompanied by a copy of that ordinance, and must state the reason why the annexation should not take place.

(b) This subsection applies only to an annexation for which an annexation ordinance was adopted before July 1, 2015. On receipt of the remonstrance, the court shall determine whether the remonstrance has the necessary signatures. In determining the total number of landowners of the annexed territory and whether signers of the remonstrance are landowners, the names appearing on the tax duplicate for that territory constitute prima facie evidence of ownership. Only one (1) person having an interest in each single property, as evidenced by the tax duplicate, is considered a landowner for purposes of this section.

(c) This subsection applies only to an annexation for which an annexation ordinance was adopted before July 1, 2015. If the court determines that the remonstrance is sufficient, the court shall fix a time, within sixty (60) days after the court's determination, for a hearing on the remonstrance. Notice of the proceedings, in the form of a summons, shall be served on the annexing municipality. The municipality is the defendant in the cause and shall appear and answer.

(d) This subsection applies only to an annexation for which an annexation ordinance was adopted after June 30, 2015. If the requirements of section 11.3(c) or (after December 31, 2016) section 11.4 of this chapter are met, the annexation may be appealed by filing with the circuit or superior court of a county in which the annexed territory is located:

(1) the signed remonstrances filed with the county auditor;

(2) the county auditor's certification under section 11.2(i) of this chapter;

(3) the annexation ordinance; and

(4) a statement of the reason why the annexation should not take place.

The remonstrance must be filed with the court not later than fifteen (15) business days after the date the county auditor files the certificate with the legislative body under section 11.2(i) of this chapter. After a remonstrance petition is filed with the court, any person who signed a remonstrance may file with the court a verified, written revocation of the person's opposition to the annexation.

(e) If an annexation is initiated by property owners under section 5.1 of this chapter and all property owners within the area to be annexed petition the municipality to be annexed, a remonstrance to the annexation may not be filed under this section.

(f) This subsection applies only to an annexation for which an annexation ordinance is adopted before July 1, 2015. This subsection applies if:

(1) the territory to be annexed consists of not more than one hundred (100) parcels; and

(2) eighty percent (80%) of the boundary of the territory proposed to be annexed is contiguous to the municipality.

An annexation may be appealed by filing with the circuit or superior court of a county in which the annexed territory is located a written remonstrance signed by at least seventy-five percent (75%) of the owners of land in the annexed territory as determined under subsection (b).

[Pre-Local Government Recodification Citations: 18-5-10-24; 18-5-10-30 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989, SEC.95; P.L.248-1999, SEC.6; P.L.217-1999, SEC.6; P.L.224-2001, SEC.10; P.L.173-2003, SEC.23; P.L.111-2005, SEC.6; P.L.228-2015, SEC.12; P.L.206-2016, SEC.4.
Ind. Code § 36-8-13-7 — Indiana Code / Title 36 / Article 8 / Chapter 13 / Section 36-8-13-7
Purchase of firefighting apparatus and equipment; procedure
Status: in_force

Sec. 7. (a) All purchases of firefighting apparatus and equipment shall be made in the manner provided by statute for the purchase of township supplies. If the amount involved is sufficient to require notice under statutes for bids in connection with the purchase of apparatus or equipment, the notice must offer all bidders the opportunity of proposing to sell the apparatus and equipment to the township upon a conditional sale or mortgage contract.

(b) A bidder proposing to sell on a conditional sale or mortgage contract shall state in the bidder's bid the proposed interest rate and terms of it, to be considered by the township executive and legislative body in determining the best bid received.

(c) All bids submitted must specify the cash price at which the bidder proposes to sell the apparatus or equipment to the township so that the executive and legislative body may determine whether it is in the best interest of the township to purchase the apparatus or equipment on the terms of a conditional sale or mortgage contract proposed by the bidder or to purchase it for cash if sufficient funds are available or can be raised by negotiating a loan with a financial institution in accordance with this section.

[Pre-Local Government Recodification Citation: 17-4-18-1 part.]

As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.127-2017, SEC.272.
Ind. Code § 36-12-3-17 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-17
Other powers not limited
Status: in_force

Sec. 17. This chapter does not limit other powers granted by any other law not in conflict with this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-15.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-10-16-25 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-25
Powers and duties
Status: in_force

Sec. 25. (a) The commission shall do the following:

(1) Assist in the coordination of efforts concerning projects that are located in or otherwise affect the district.

(2) Assist an eligible county, an eligible unit, a tribal government of a reservation site, and a development authority in coordinating tourism and economic development efforts related to or that otherwise leverage economic improvement projects in or serving the district.

(3) Provide for the design, development, construction, operation, and maintenance of the trail project.

(b) The commission may do any of the following:

(1) Improve, construct, reconstruct, renovate, purchase, acquire, and equip land and economic improvement projects.

(2) Lease land or an economic improvement project.

(3) Acquire and construct additional improvements to economic improvement projects or other capital improvements owned by the commission and lease them to or for the benefit of an eligible participant.

(4) Acquire land or all or a part of one (1) or more economic improvement projects from an eligible participant or an Indiana nonprofit corporation by purchase and lease the land or economic improvement projects back to the eligible participant or Indiana nonprofit, with any additional improvements that may be made to the land or economic improvement projects.

(5) Acquire all or a part of one (1) or more economic improvement projects from an eligible participant by purchase to fund or refund indebtedness incurred on account of the economic improvement projects to enable the eligible participant to make a savings in debt service obligations or lease rental obligations or to get relief from covenants that the eligible participant considers to be unduly burdensome.

(6) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following for economic improvement projects:

(A) A commuter transportation district.

(B) An airport authority.

(C) A regional transportation authority.

(D) An eligible county.

(E) An eligible unit.

(7) Provide funding for economic improvement projects.

(8) Hold, use, purchase, acquire, and dispose of by purchase, exchange, gift, bequest, grant, condemnation (subject to subsection (d)), lease, or sublease, on the terms and conditions determined by the commission, any real or personal property.

(9) After giving notice, enter upon any lots or lands for the purpose of surveying or examining the lots or lands to determine the location of an economic improvement project.

(10) Make or enter into all contracts and agreements necessary or incidental to the performance of the commission's duties and the execution of the commission's powers under this chapter.

(11) Sue, be sued, plead, and be impleaded.

(12) Design, order, contract for, construct, reconstruct, and renovate an economic improvement project.

(13) Appoint or contract for an executive director and employ appraisers, real estate experts, engineers, architects, surveyors, attorneys, accountants, auditors, clerks, construction managers, and any consultants or employees that are necessary or desired by the commission in exercising the commission's powers or carrying out the commission's duties under this chapter.

(14) Accept grants, and other forms of financial assistance from the federal government, the state government, an eligible participant, or any other public or private source.

(15) Use the commission's funds to match federal grants or make loans, loan guarantees, or grants to carry out the commission's powers and duties under this chapter.

(16) Recommend any changes and approve any requested variances to the land use and zoning plan for the district.

(17) Except as prohibited by law, take any action necessary to carry out this chapter.

(c) If the commission is unable to agree with the owners, lessees, or occupants of any real property in the district selected for the purposes of this chapter, the commission may proceed under IC 32-24-1 to procure the condemnation of the property, subject to the approvals set forth in subsection (d). The commission may not institute a proceeding until it has adopted a resolution that:

(1) describes the real property sought to be acquired and the purpose for which the real property is to be used;

(2) declares that the public interest and necessity require the acquisition by the commission of the property involved; and

(3) sets out any other facts that the commission considers necessary or pertinent.

The resolution is conclusive evidence of the public necessity of the proposed acquisition.

(d) The commission may exercise the power of eminent domain as provided in section 22 of this chapter and subsection (c) concerning a particular property only if the acquisition of the real property has been approved by:

(1) the legislative body of the eligible city if the property is located inside the eligible city; or

(2) the legislative body of the eligible county if the property is not located inside the eligible city.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-8-16.7-31 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-31
Use of third party to process checks and distribute funds
Status: in_force

Sec. 31. The board may retain an independent, third party accounting firm or fiscal agent for purposes of processing checks and distributing funds as directed by the board and as allowed by this chapter. The board shall pay for these services as an administrative cost of the board.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7-7.5-2 — Indiana Code / Title 36 / Article 7 / Chapter 7.5 / Section 36-7-7.5-2
Establishment of commission; interlocal agreement
Status: in_force

Sec. 2. Notwithstanding any other law, the executive of two (2) or more counties may, by interlocal agreement under IC 36-1-7, establish a multiple county special plan commission (referred to in this chapter as the "commission").

As added by P.L.168-1990, SEC.1.
Ind. Code § 36-2-11-24 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-24
Repealed
Status: repealed

As added by Acts 1982, P.L.44, SEC.10. Repealed by P.L.236-2023, SEC.166.
Ind. Code § 36-7-32.5-0.5 — Indiana Code / Title 36 / Article 7 / Chapter 32.5 / Section 36-7-32.5-0.5
Applicability of amendments
Status: in_force

Sec. 0.5. The amendments made to this chapter by HEA 1001-2025:

(1) apply only to an innovation development district designated after December 31, 2024; and

(2) do not apply to an innovation development district designated before January 1, 2025.

As added by P.L.213-2025, SEC.309.
Ind. Code § 36-7-1-2 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-2
"Advisory plan commission"
Status: in_force

Sec. 2. "Advisory plan commission" means a municipal plan commission, a county plan commission, or a metropolitan plan commission.

[Pre-Local Government Recodification Citations: 18-7-3-8 part; 18-7-4-111 part; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.2.
Ind. Code § 36-8-12-2 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Emergency medical services personnel" means individuals certified by the emergency medical services commission established by IC 16-31-2-1 who:

(1) as a result of a written application, have been elected or appointed to membership in a volunteer fire department; and

(2) have executed a pledge to faithfully perform, with or without nominal compensation, the work related duties assigned and orders given to the individuals by the chief of the volunteer fire department or an officer of the volunteer fire department, including orders or duties involving education and training.

"Employee" means a person in the service of another person under a written or implied contract of hire or apprenticeship.

"Employer" means:

(1) a political subdivision;

(2) an individual or the legal representative of a deceased individual;

(3) a firm;

(4) an association;

(5) a limited liability company; or

(6) a corporation or its receiver or trustee;

that uses the services of another person for pay.

"Essential employee" means an employee:

(1) who the employer has determined to be essential to the operation of the employer's daily enterprise; and

(2) without whom the employer is likely to suffer economic injury as a result of the absence of the essential employee.

"Nominal compensation" means annual compensation of not more than twenty thousand dollars ($20,000).

"Public servant" has the meaning set forth in IC 35-31.5-2-261.

"Responsible party" has the meaning set forth in IC 13-11-2-191(d).

"Volunteer fire department" means a department or association organized for the purpose of answering fire alarms, extinguishing fires, and providing other emergency services, the majority of members of which receive no compensation or nominal compensation for their services.

"Volunteer firefighter" means a firefighter:

(1) who, as a result of a written application, has been elected or appointed to membership in a volunteer fire department;

(2) who has executed a pledge to faithfully perform, with or without nominal compensation, the work related duties assigned and orders given to the firefighter by the chief of the volunteer fire department or an officer of the volunteer fire department, including orders or duties involving education and training as prescribed by the volunteer fire department or the state; and

(3) whose name has been entered on a roster of volunteer firefighters that is kept by the volunteer fire department and that has been approved by the proper officers of the unit.

"Volunteer member" means a member of a volunteer emergency medical services association connected with a unit as set forth in IC 16-31-5-1(6).

[Pre-Local Government Recodification Citations: 19-1-40-1 part; 19-1-40-3; 19-1-40-4.]

As added by Acts 1981, P.L.309, SEC.64. Amended by Acts 1981, P.L.181, SEC.3; P.L.217-1989, SEC.6; P.L.70-1995, SEC.6; P.L.1-1996, SEC.91; P.L.1-1999, SEC.88; P.L.192-1999, SEC.1; P.L.119-2003, SEC.1; P.L.43-2005, SEC.2; P.L.127-2009, SEC.11; P.L.174-2009, SEC.2; P.L.114-2012, SEC.150; P.L.10-2019, SEC.139; P.L.51-2026, SEC.10.
Ind. Code § 36-10-4-34 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-34
Damage awards; certificates; payment; disputes as to claimants
Status: in_force

Sec. 34. (a) The board shall, upon completion of a damage award or upon the determination of an appeal, make out certificates for the proper amounts and in favor of the proper persons. When a person presents a certificate to the city fiscal officer, the person is entitled to a warrant on the city treasury. The warrant shall be countersigned by the president or vice president and the secretary of the board.

(b) The city shall pay the persons the amounts due them as shown by the certificates. The certificates or vouchers shall, whenever practical, be actually tendered to the person entitled to them, but if this is impractical they shall be kept for the persons in the office of the board. The making and filing of the certificates is a valid effectual tender to the person entitled to them when there is sufficient money to pay them. The certificates shall be delivered to the person on request.

(c) If a dispute or doubt arises as to which person shall be paid the money, the board shall make out the certificate in favor of the attorney appointed by the board for the use of the person entitled to it. The attorney shall then draw the money and pay it into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined. If an injunction is obtained because damages have not been paid or tendered, the board shall tender the amount of them, with interest from the time of the entry of the property, if entry has been made, and all accrued costs. The injunction shall then be disposed of, if there is sufficient money to pay the certificate. The pendency of an appeal to the circuit or superior court of a county does not affect the validity of a tender made under this section, but the board is entitled to proceed with its appropriation of the property in question.

[Pre-Local Government Recodification Citation: 19-7-30-29.]

As added by Acts 1981, P.L.309, SEC.111.
Ind. Code § 36-7-4-603 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-603
Zoning ordinance; preparation and consideration of proposals
Status: in_force

Sec. 603. In preparing and considering proposals under the 600 series, the plan commission and the legislative body shall pay reasonable regard to:

(1) the comprehensive plan;

(2) current conditions and the character of current structures and uses in each district;

(3) the most desirable use for which the land in each district is adapted;

(4) the conservation of property values throughout the jurisdiction; and

(5) responsible development and growth.

[Pre-Local Government Recodification Citations: 18-7-2-39 part; 18-7-4-603; 18-7-4-47 part; 18-7-5-60 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.335-1985, SEC.17; P.L.220-1986, SEC.17.
Ind. Code § 36-2-11-26 — Indiana Code / Title 36 / Article 2 / Chapter 11 / Section 36-2-11-26
Social Security number on instruments presented for recording
Status: in_force

Sec. 26. (a) This section does not apply to an instrument executed before July 1, 2002.

(b) A person may not present for recording by the county recorder a mortgage instrument that discloses a Social Security number.

As added by P.L.16-2001, SEC.2.