Ind. Code § 36-7-30.5-37 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-37
Allocation area limitation
Status: in_force

Sec. 37. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:

(1) a resolution establishing an allocation provision under section 30 of this chapter that is adopted and approved under sections 16 through 18 of this chapter;

(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;

(3) a resolution adopted under IC 8-22-3.5-5 and confirmed under IC 8-22-3.5-6;

(4) a resolution establishing an allocation provision under IC 36-7-14-39 that is adopted and approved under IC 36-7-14-15, IC 36-7-14-16, and IC 36-7-14-17;

(5) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;

(6) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12; or

(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;

on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.

(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:

(1) IC 6-1.1-39;

(2) IC 8-22-3.5;

(3) IC 36-7-14;

(4) IC 36-7-15.1;

(5) IC 36-7-30;

(6) IC 36-7-32; or

(7) IC 36-7-32.5.

As added by P.L.38-2021, SEC.96. Amended by P.L.135-2022, SEC.26.
Ind. Code § 36-7-5.1-12 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-12
Term
Status: in_force

Sec. 12. Members of the commission are appointed for a three (3) year term.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-7-11.2-60 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-60
Subdivision of Meridian Street property
Status: in_force

Sec. 60. A parcel of Meridian Street property may not be subdivided into lots having:

(1) an area of less than fifteen thousand (15,000) square feet; or

(2) frontage of less than one hundred (100) feet upon Meridian Street or upon an east-west street intersecting with Meridian Street.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-17(a) part.]

As added by P.L.1-1995, SEC.83.
Ind. Code § 36-8-10-22 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-22
County operating jail; inmate money to be held in trust; disbursements from trust; payment upon discharge or release of inmate; payment for inmate destruction or loss of property; records
Status: in_force

Sec. 22. (a) This section applies to any county that operates a county jail.

(b) The sheriff shall hold in trust separately for each inmate any money received from that inmate or from another person on behalf of that inmate.

(c) If the inmate or the inmate's legal guardian requests a disbursement from the inmate's trust fund, the sheriff may make a disbursement for the personal benefit of the inmate, including but not limited to a disbursement to the county jail commissary.

(d) Upon discharge or release of an inmate from the county jail, the sheriff shall pay to that inmate or the inmate's legal guardian any balance remaining in the inmate's trust fund.

(e) If an inmate is found guilty of intentionally destroying or losing county property after a hearing conducted under IC 11-11-5-5, the sheriff may disburse from the inmate's trust fund or commissary account sums of money as reimbursement to the county for the inmate's intentional destruction or loss of county property, including but not limited to clothing, bedding, and other nondisposable items issued by the county to the inmate. Before disbursing money under this subsection, the sheriff shall adopt rules to administer this procedure.

(f) The sheriff shall maintain a record of each trust fund's receipts and disbursements. The state board of accounts shall prescribe the form for this record.

As added by Acts 1981, P.L.48, SEC.5. Amended by P.L.72-1994, SEC.2; P.L.80-2000, SEC.2; P.L.127-2017, SEC.266.
Ind. Code § 36-7.5-4-12 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-12
Option to purchase property
Status: in_force

Sec. 12. If an eligible political subdivision exercises its option to purchase leased property, the eligible political subdivision may issue its bonds as authorized by statute.

As added by P.L.214-2005, SEC.73.
Ind. Code § 36-7-21-6 — Indiana Code / Title 36 / Article 7 / Chapter 21 / Section 36-7-21-6
Benefit adjustment through establishment of multiple zone districts and land use management
Status: in_force

Sec. 6. (a) If the redevelopment commission finds that the benefit of the special improvement varies from one (1) area to another within the district, the commission may establish up to three (3) zones within the district to delineate the approximate difference in beneficial impact and may propose the apportionment of benefits accordingly. The redevelopment commission may exclude all or part of the area actually encompassed by the improvement.

(b) In order to encourage the retention or development of various land uses within the district, the redevelopment commission may adjust the assessment according to the zoning classification of the property.

As added by P.L.380-1987(ss), SEC.20.
Ind. Code § 36-1-11-5 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-5
Sale of property having certain value or previously part of right-of-way; rights of abutting landowners; procedures
Status: in_force

Sec. 5. (a) As used in this section, "abutting landowner" means an owner of property that:

(1) touches, borders on, or is contiguous to the property that is the subject of sale; and

(2) does not constitute a:

(A) public easement; or

(B) public right-of-way.

(b) As used in this section, "offering price" means the appraised value of real property plus all costs associated with the sale, including:

(1) appraisal fees;

(2) title insurance;

(3) recording fees; and

(4) advertising costs.

(c) The disposing agent may proceed under this section if either of the following applies:

(1) The assessed value of a tract of real property to be sold is less than:

(A) except as provided in clause (B) and subsection (i), fifteen thousand dollars ($15,000); or

(B) an amount greater than fifteen thousand dollars ($15,000) that is specified in an ordinance or a resolution adopted by the fiscal body of the political subdivision under subsection (i);

based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired.

(2) If the property has not been assessed and the property was previously part of a public right-of-way.

(d) The disposing agent may determine that:

(1) the highest and best use of the tract is sale to an abutting landowner;

(2) the cost to the public of maintaining the tract equals or exceeds the estimated fair market value of the tract; or

(3) it is economically unjustifiable to sell the tract under section 4 of this chapter.

(e) After the disposing agent makes a determination under subsection (d), the disposing agent shall publish a notice in accordance with IC 5-3-1 identifying the tracts intended for sale by legal description and, if possible, by key number and street address. The notice may be published solely on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. The notice must also include the offering price, a deadline for receiving offers, and a statement that:

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

(2) an offer to purchase the property 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.

At the time of publication of notice under this subsection, the disposing agent shall send notice by certified mail to all abutting landowners. This notice shall contain the same information as the published notice.

(f) The disposing agent shall also have each tract appraised. The appraiser must be professionally engaged in making appraisals, a person licensed under IC 25-34.1, or an employee of the political subdivision who is familiar with the value of the tract. However, if the assessed value of a tract is less than ten thousand dollars ($10,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the disposing agent is not required to have the tract appraised.

(g) If, after the deadline for receiving offers as determined in the notice, the disposing agent receives an eligible offer to purchase a tract listed in the notice at or in excess of the offering price, the disposing agent shall conduct the negotiation and sale of the tract under section 4(d) through 4(g) of this chapter to the highest and best qualified offeror.

(h) Notwithstanding subsection (g), if after the deadline for receiving offers as determined in the notice, the disposing agent does not receive from any person other than an abutting landowner an eligible offer to purchase the tract at or in excess of the offering price, the disposing agent shall conduct the negotiation and sale of the tract as follows:

(1) If only one (1) abutting landowner makes an eligible offer to purchase the tract, then subject to section 16 of this chapter and without further appraisal or notice, the disposing agent shall offer to negotiate for the sale of the tract with that abutting landowner.

(2) If more than one (1) eligible abutting landowner submits an offer to purchase the tract, the other eligible abutting landowners who submit offers shall be informed of the highest offer received and be given an opportunity to submit one (1) additional offer. The tract shall be sold to the eligible abutting landowner who submits the highest offer for the tract and who complies with any requirement under subsection (e)(2).

(3) If no eligible abutting landowner submits an offer to purchase the tract, the disposing agent may sell the tract to any person who submits the highest offer for the tract, except a person who is ineligible to purchase the tract under section 16 of this chapter.

(i) The fiscal body of a political subdivision may adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of any other political subdivision) to increase the threshold that applies under subsection (c)(1) to an amount greater than fifteen thousand dollars ($15,000).

[Pre-Local Government Recodification Citation: 18-4-5-6 part.]

As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.47-1983, SEC.5; P.L.332-1985, SEC.1; P.L.333-1985, SEC.1; P.L.60-1988, SEC.27; P.L.336-1989(ss), SEC.47; P.L.165-1994, SEC.4; P.L.170-2003, SEC.17; P.L.188-2011, SEC.4; P.L.28-2017, SEC.2; P.L.146-2024, SEC.7.
Ind. Code § 36-9-13-39 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-39
Procedure for awarding contracts
Status: in_force

Sec. 39. (a) All contracts let by a building authority for the construction and equipment of a government building must be let in accordance with the general statutes concerning public contracts.

(b) All contracts let by a building authority for the acquisition of a system may be entered into in accordance with the general statutes concerning similar contracts.

[Pre-Local Government Recodification Citation: 19-8-4-26 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.37-1988, SEC.41.
Ind. Code § 36-7-4.3-4 — Indiana Code / Title 36 / Article 7 / Chapter 4.3 / Section 36-7-4.3-4
Report to legislative services agency
Status: in_force

Sec. 4. Not later than January 1, 2027, the unit shall submit a report to the executive director of legislative services agency by electronic means under IC 5-14-6 that contains the following:

(1) If the unit:

(A) invested in a housing study in 2021, 2022, 2023, 2024, or 2025; or

(B) had a housing study performed by a region's local economic development organization;

a copy of the housing study.

(2) The minutes from the public hearing conducted under section 4 of this chapter.

(3) Any newly developed or amended UDO as a result of the review under section 3 of this chapter. The unit must provide a written description of the ways in which the UDO was changed to support increased housing development by using some or all of the factors set forth in section 3 of this chapter.

As added by P.L.73-2026, SEC.25.
Ind. Code § 36-1-15-5 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-5
Duties of department of local government finance
Status: in_force

Sec. 5. The department of local government finance shall do the following:

(1) Maintain a schedule of the adjusted value of taxable property of each political subdivision.

(2) Provide the political subdivision and the county auditor for the county in which a political subdivision is located with the latest adjusted value of taxable property determined for the political subdivision.

As added by P.L.6-1997, SEC.203. Amended by P.L.90-2002, SEC.467.
Ind. Code § 36-7-15.6-14 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-14
Waiver of review of an assessment
Status: in_force

Sec. 14. 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 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 payable from the allocated property taxes.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-1-24.2-1 — Indiana Code / Title 36 / Article 1 / Chapter 24.2 / Section 36-1-24.2-1
Privately owned real property; prohibition against regulations having effect of controlling rent or purchase price or of requiring property to be designated for lease or sale based on income or assets
Status: in_force

Sec. 1. A county or municipality may not adopt or enforce a land use or planning ordinance or regulation that would have the effect of:

(1) controlling the amount of rent charged or the purchase price agreed upon for a transaction pertaining to the lease or purchase of privately owned residential or commercial real property; or

(2) requiring real property to be designated or reserved for lease or sale to a group of occupants, owners, or residents classified by income or assets.

As added by P.L.266-2017, SEC.4.
Ind. Code § 36-1-3.5-5 — Indiana Code / Title 36 / Article 1 / Chapter 3.5 / Section 36-1-3.5-5
Transfer to legislative body of Lake County
Status: in_force

Sec. 5. (a) This section applies to Lake County.

(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the county:

(1) Frequency of salary payments (formerly governed by IC 17-3-73-2).

(2) Mileage allowances for deputy county auditors (formerly governed by IC 17-3-29-1).

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.144; P.L.119-2012, SEC.171; P.L.24-2023, SEC.1.
Ind. Code § 36-2-14-26 — Indiana Code / Title 36 / Article 2 / Chapter 14 / Section 36-2-14-26
Rules
Status: in_force

Sec. 26. The Indiana department of health may adopt rules under IC 4-22-2 in carrying out the department's duties under this chapter.

As added by P.L.193-2018, SEC.7. Amended by P.L.56-2023, SEC.332.
Ind. Code § 36-11-9-1 — Indiana Code / Title 36 / Article 11 / Chapter 9 / Section 36-11-9-1
Manner of imposition by governing body; approval by county legislative body
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), the governing body may determine and impose rates and charges of the district based on the following:

(1) A flat charge for each system.

(2) Variable charges based on the capacity of a system.

(3) Other factors that the governing body determines are necessary to establish just and equitable rates and charges.

(b) In:

(1) a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000); and

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

rates and charges may be imposed or changed under this chapter only after approval by the county legislative body.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.119-2012, SEC.246; P.L.104-2022, SEC.226.
Ind. Code § 36-9-40-2 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-2
Definitions
Status: in_force

Sec. 2. For purposes of this chapter:

(1) "Sewage disposal system" has the meaning set forth in IC 13-11-2-201.

(2) "System" refers to a sewage disposal system.

(3) "Works board" refers to the works board of a county.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-8-10-16.5 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-16.5
Health insurance for surviving spouse and children
Status: in_force

Sec. 16.5. (a) As used in this section, "dies in the line of duty" has the meaning set forth in IC 5-10-10-2.

(b) This section applies to the survivors of an eligible employee who dies in the line of duty.

(c) After December 31, 2003, the department that employed the eligible employee who died in the line of duty shall offer to provide and pay for health insurance coverage for the eligible employee's surviving spouse and for each natural child, stepchild, or adopted child of the eligible employee:

(1) until the child becomes eighteen (18) years of age;

(2) until the child becomes twenty-three (23) years of age, if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longest. If health insurance coverage is offered by the unit to an eligible employee, the health insurance provided to a surviving spouse or child under this subsection must be equal in coverage to that offered to an eligible employee. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the eligible employee is eligible for coverage under subdivision (1), (2), or (3).

As added by P.L.86-2003, SEC.10. Amended by P.L.97-2004, SEC.130.
Ind. Code § 36-2-13-2.8 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-2.8
Payment of compensation from county general fund
Status: in_force

Sec. 2.8. (a) In place of any other form of compensation, including a salary contract entered into under section 2.5 of this chapter, a county may pay a sheriff's compensation as provided in this section from the county general fund in the manner that salaries of other county officials are paid. Subject to section 17 of this chapter, the sheriff may retain the sheriff's tax warrant collection fees (as described in IC 6-8.1-8-3).

(b) If a county pays a sheriff's compensation under this section, the county fiscal body shall make an appropriation in the usual manner from the county general fund for feeding prisoners. The sheriff or the sheriff's officers, deputies, or employees may not make a profit from the appropriation.

(c) Subject to section 17 of this chapter, a county that pays a sheriff's compensation under this section shall pay the sheriff as follows:

(1) In a county having a population of not more than twenty thousand (20,000), the county must pay the sheriff an annual salary that is equal to at least fifty percent (50%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

(2) In a county having a population of:

(A) more than twenty thousand (20,000); and

(B) not more than forty thousand (40,000);

the county must pay the sheriff an annual salary that is equal to at least sixty percent (60%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

(3) In a county having a population of:

(A) more than forty thousand (40,000); and

(B) not more than sixty-five thousand five hundred (65,500);

the county must pay the sheriff an annual salary that is equal to at least seventy percent (70%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

(4) In a county having a population of:

(A) more than sixty-five thousand five hundred (65,500); and

(B) not more than one hundred thousand (100,000);

the county must pay the sheriff an annual salary that is equal to at least eighty percent (80%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

(5) In a county having a population of:

(A) more than one hundred thousand (100,000); and

(B) not more than two hundred thousand (200,000);

the county must pay the sheriff an annual salary that is equal to at least ninety percent (90%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

(6) In a county having a population of more than two hundred thousand (200,000), the county must pay the sheriff an annual salary that is equal to at least one hundred percent (100%) of the annual minimum salary that would be paid by the state to a full-time prosecuting attorney in the county.

As added by P.L.230-1996, SEC.1. Amended by P.L.40-2008, SEC.3.
Ind. Code § 36-7-13-3.2 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-3.2
"Income tax base period amount"
Status: in_force

Sec. 3.2. Except as provided in section 10.7(d) of this chapter, as used in this chapter, "income tax base period amount" means:

(1) the aggregate amount of state and local income taxes paid by employees employed in the territory comprising a district with respect to wages and salary earned for work in the district for the state fiscal year that precedes the date on which:

(A) an advisory commission on industrial development adopted a resolution designating the district, in the case of a district that is not described in section 12(c) of this chapter; or

(B) the legislative body of a county or municipality adopts an ordinance designating a district under section 10.5 of this chapter;

(2) an amount equal to:

(A) the aggregate amount of state and local income taxes paid by employees employed in the territory comprising a district with respect to wages and salary earned for work in the district during the month in which an advisory commission on industrial development adopted a resolution designating the district; multiplied by

(B) twelve (12);

in the case of a district that is described in section 12(c) of this chapter; or

(3) an amount equal to the amount determined under subdivision (1) or (2); plus:

(A) the aggregate amount of state and local income taxes paid by employees employed in the territory added to the district with respect to wages and salary earned for work in the modified district during the month in which a petition to modify the district's boundaries is approved by the budget agency under section 12.5 of this chapter; multiplied by

(B) twelve (12);

in the case of a district modified under section 12.5 of this chapter.

As added by P.L.125-1998, SEC.7. Amended by P.L.138-1999, SEC.2; P.L.174-2001, SEC.3; P.L.178-2002, SEC.117; P.L.81-2004, SEC.32 and P.L.90-2004, SEC.5.
Ind. Code § 36-7-4-201.1 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-201.1
Zoning ordinances; satellite receiver antennas and other types of antennas
Status: in_force

Sec. 201.1. A local zoning ordinance that addresses a satellite receiver antenna and another type of antenna is void unless the zoning ordinance:

(1) has a reasonable and clearly defined health, safety, or aesthetic objective;

(2) does not:

(A) impose an unreasonable restriction on or prevent the reception of satellite signals by satellite receiver antennas; or

(B) impose costs on the users of satellite receiver antennas that are excessive in comparison to the purchase and installation cost of the satellite receiver antennas; and

(3) does not prohibit installation of a satellite receiver antenna that is not more than two (2) feet in diameter.

As added by P.L.167-1994, SEC.1.
Ind. Code § 36-9-31-4 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-4
Contracts or agreements with board; competitive bidding; proposal procedure; action to contest validity of award; negotiated contracts; insurance
Status: in_force

Sec. 4. (a) Notwithstanding any statute relating to the length, duration, and terms of contracts and agreements, the board on behalf of the consolidated city may enter into any contract or agreement with any person upon such terms and conditions as may be agreed upon, for the design, construction, operation, financing, ownership, or maintenance of a facility for waste disposal in accordance with the requirements and conditions of this section. Before or after the expiration or termination of the term or duration of any contract or agreement entered into or granted under this section, the board, in accordance with the requirements and conditions of this section, may from time to time enter into amended, extended, supplemental, new, or further contracts or agreements with the same or any other person for any purpose referred to in this section.

(b) Overall cost, including construction costs, tipping fees, and reductions in costs resulting from the sale of byproducts, should in all cases be a major criterion in the selection of contractors for award of contracts under this section. The board shall consider the highly complex and innovative nature of byproduct recovery technology, the variety of waste disposal technology available, the desirability of flexibility for the development of these complex facilities, and the economic and technical utility of contracts for byproduct recovery projects that include in their scope various combinations of design, construction, operations, management, or maintenance responsibilities over prolonged periods of time and that in some instances it may be beneficial to the consolidated city to award a contract on the basis of factors other than cost alone, for example, facility design, system reliability, energy efficiency, compatibility with source separation and other recycling systems and environmental protection. Accordingly, and notwithstanding any other statute, a contract entered into between the board on behalf of the city and any person under this section may be awarded by the board by following either of the following procedures:

(1) Public bidding in compliance with IC 36-1-12.

(2) Compliance with subsection (c).

(c) The board may issue a request for qualifications and request for proposals prepared by or for the consolidated city in accordance with the following provisions:

(1) All persons may be required to prequalify as a proposer by submitting information relating to the experience of the proposer, the basis on which the proposer purports to be qualified to carry out all work required by a proposed contract, and the financial condition of the proposer. Minimum requirements may be set by the board as to these minimum qualifications in a request for qualifications issued before that.

(2) Before the issuance of a request for proposals under this section, the board shall adopt a proposed request for proposals and shall publish a public notice that may contain a request for qualifications, if a prequalification process has been adopted under subdivision (1), including the criteria on which proposers may be selected. The public notice must include the intent to issue a request for proposals, and must further designate times and places where the proposed request for proposals may be viewed by the general public. Comments may be addressed to the scope or contents of the proposed request for proposals. The board shall allow not less than a thirty (30) day period for the submission of qualifications and comments on the proposed request for proposals, following which the board shall select a proposer and adopt a request for proposals. After that, the board shall notify each proposer that is selected of the selection, inform each proposer of the date and place proposals are to be submitted, and deliver to each proposer a copy of the request for proposal.

(3) Requests for proposals must include a clear identification and specification of all elements of cost that would become charges to the city, in whatever form, in return for the fulfillment by the proposer of all tasks and responsibilities established by the request for proposals for the full lifetime of a proposed contract, including such appropriate matters as proposals for project staffing, implementation of all work tasks, carrying out of all responsibility required by the proposed contract, the cost of planning, design, construction, operation, management, or maintenance of any facility, or the cost of processing or disposal of solid waste, and a clear identification and specification of any revenues that would accrue to the city from the sale of any byproducts or from any other source, and such other information as the board may determine to have a material bearing on its ability to evaluate any proposal in accordance with this section. However, the board may prescribe the form and content of proposals and, in any event, the proposer must submit sufficiently detailed information to permit a fair and equitable evaluation by the board of the proposal. In addition, the board in the request for proposals may set such maximum allowable cost limits as it determines to be appropriate.

(4) Proposals may not be received by the board before thirty (30) days following notification to the proposers of their selection.

(5) Proposals received under this section shall be evaluated by the board as to net cost or revenues and, in the manner consistent with provisions set forth in the requests for proposals, may be evaluated on the basis of additional factors such as the technical evaluation of facility design, net energy efficiency, environmental protection, overall system reliability, and financial condition of the proposer.

(6) The board, on behalf of the city, may negotiate with the proposer and may make a contract award to any responsible proposer. The board shall give public notice of a public hearing, which notice must designate the time and place of a public hearing at which hearing the board shall hear comments upon the contract to be awarded. Following the public hearing, the board shall make a contract award to any responsible proposer selected under this section based on a determination by the board that the selected proposal is the most responsive to the needs of the city. The award must be in the form of a resolution and must include particularized findings relative to factors evaluated under this section, indicating that the city's needs are met by the award and that the action is in the public interest.

(d) An action to contest the validity of the contract awarded or the procedure by which it was awarded must be brought within thirty (30) days following the award of the contract. After that date, the contract is incontestable for any cause.

(e) Notwithstanding any other statute, any contract entered into by the board with any person on behalf of the consolidated city for the collection of solid waste may be awarded by negotiation or by competitive bids. The board shall consider the following factors in awarding a negotiated contract:

(1) Price quoted by the proposed contractor.

(2) Prior experience of the proposed contractor.

(3) Financial status of the proposed contractor.

(4) Number of vehicles and other equipment to be used by the proposed contractor.

(5) Any other factors related to the proposed contractor's ability to perform under the contract.

If a contract is awarded by negotiation, the reason for using negotiation as the method to award the contract must be stated in writing by the board at the time that the contract is awarded. A copy of this statement must be kept available for public inspection.

(f) The board shall award competitive bid contracts to the lowest responsible and responsive bidder after advertising for bids. However, if a contract is not awarded to the lowest bidder, the factors used to justify that award must be stated in the minutes or memoranda at the time the award is made, and a copy of the minutes or memoranda must be kept available for public inspection. The procedures for granting a collection contract by competitive bidding shall be prescribed in an ordinance adopted by the city-county legislative body or, in the absence of such an ordinance, by IC 36-1-12-4.

(g) The board may contract with multiple parties for solid waste collection and may award separate contracts for separate geographical areas within the consolidated city.

(h) This subsection applies to contracts of less than three hundred thousand dollars ($300,000) a year for the collection of solid waste. The board may require a waste collector under a contract to carry insurance coverage in a form which protects against losses in excess of the amount covered by other liability insurance policies. The board may not require a waste collector to carry such umbrella insurance coverage in excess of one million dollars ($1,000,000). A waste collector under a contract must provide one (1) of the following as determined by the board:

(1) A performance bond or an irrevocable letter of credit equal to ten percent (10%) of the annual contract price.

(2) An agreement that ten percent (10%) of the annual contract price may be withheld by the board as security for performance of the contract.

As added by Acts 1982, P.L.77, SEC.27. Amended by P.L.357-1987, SEC.1; P.L.175-1990, SEC.1.
Ind. Code § 36-10-10-9 — Indiana Code / Title 36 / Article 10 / Chapter 10 / Section 36-10-10-9
Preliminary expenses; payment; reimbursement
Status: in_force

Sec. 9. (a) All necessary preliminary expenses actually incurred in the:

(1) making of surveys;

(2) estimates of cost and receipts;

(3) employment of architects, engineers, attorneys, or other consultants;

(4) giving of notices;

(5) taking of options; and

(6) all other expenses necessary to be paid prior to the issue and delivery of bonds;

may be met and paid out of funds provided by the city, from funds on hand or derived from taxes levied and appropriated for these purposes, or from funds received as donations or contributions.

(b) the funds of the city from which payments are made shall be fully reimbursed and repaid by the board out of the first proceeds of the sale of bonds before any other disbursements are made.

As added by Acts 1982, P.L.218, SEC.4.
Ind. Code § 36-9-36-59 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-59
Foreclosure actions; suspension of collection of assessments
Status: in_force

Sec. 59. The following apply while a foreclosure action is pending:

(1) The assessment may not be certified for collection.

(2) Bills or statements for payments may not be given to anyone except the plaintiff or the plaintiff's attorney of record.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-7.7-2-10 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-10
"Regional transportation authority"
Status: in_force

Sec. 10. "Regional transportation authority" means a regional transportation authority established under IC 36-9-3.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-5-2-8 — Indiana Code / Title 36 / Article 5 / Chapter 2 / Section 36-5-2-8
Town clerk-treasurer as clerk; ex officio member for casting tie breaking vote
Status: in_force

Sec. 8. (a) The town clerk-treasurer is the clerk of the legislative body.

(b) The clerk-treasurer is an ex officio member for the purpose of casting the deciding vote to break a tie.

[Pre-Local Government Recodification Citations: 18-3-1-31 part; 18-3-1-35 part.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.34-1999, SEC.3.
Ind. Code § 36-7-11.3-3 — Indiana Code / Title 36 / Article 7 / Chapter 11.3 / Section 36-7-11.3-3
"Development commission" defined
Status: in_force

Sec. 3. As used in this chapter, "development commission" means the governmental authority having primary jurisdiction over:

(1) recommending; and

(2) recommending alterations or changes in;

the comprehensive plan for land use applicable to the municipality in which the preservation area created under this chapter lies.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-23(i).]

As added by P.L.1-1995, SEC.84.
Ind. Code § 36-7-2.5-23 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-23
Delay not caused by unit
Status: in_force

Sec. 23. This section does not apply if the applicant uses a private provider to perform the plan review. Any delay in the processing of an application:

(1) attributable to a cause outside the control of the unit; or

(2) through the fault of the applicant;

does not count toward the time set forth in section 18 of this chapter.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-7-15.6-18 — Indiana Code / Title 36 / Article 7 / Chapter 15.6 / Section 36-7-15.6-18
Bonds; tax exemption
Status: in_force

Sec. 18. All bonds issued under this chapter, together with the interest on them, are exempt from taxation.

As added by P.L.61-2018, SEC.1.
Ind. Code § 36-1-7-5 — Indiana Code / Title 36 / Article 1 / Chapter 7 / Section 36-1-7-5
Agreements; approval of state officer or state agency having power to control services or facilities; reciprocal borrowing agreements
Status: in_force

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

Sec. 5. (a) Except as provided in subsection (b) and regardless of the requirements of section 4 of this chapter, if an agreement under section 3 of this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect.

(b) If a reciprocal borrowing agreement under section 3 of this chapter concerns the provision of library services or facilities between public libraries that are of the same nature as the services provided under the statewide library card program under IC 4-23-7.1-5.1, the reciprocal borrowing agreement is not required to be submitted to the Indiana library and historical board for approval before the reciprocal borrowing agreement takes effect, but a copy of the reciprocal borrowing agreement shall be submitted to the state library.

(c) Approval or disapproval is governed by the same provisions prescribed by section 4(b) of this chapter for the attorney general.

[Pre-Local Government Recodification Citation: 18-5-1-6.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.37-1993, SEC.4.
Ind. Code § 36-7-29-18 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-18
Bond and note registration requirements
Status: in_force

Sec. 18. A district bond or note issued in connection with a financing under this chapter is exempt from the registration requirements of IC 23.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-1-8-17 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-17
Combination or reorganization; budgets, rates, and levies
Status: in_force

Sec. 17. (a) This section applies to a political subdivision if:

(1) the political subdivision combines or reorganizes a department, agency, or function of the political subdivision; and

(2) the political subdivision realizes through the combination or reorganization a:

(A) savings; or

(B) reduction in the reasonably foreseeable expenses that would otherwise have been incurred by the political subdivision if the combination or reorganization had not taken place.

(b) The fiscal body of a political subdivision shall specify by resolution the amount (if any) of the decrease that the department of local government finance shall make to the maximum permissible property tax levies, maximum permissible property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of a political subdivision described in subsection (a) to:

(1) eliminate double taxation by different political subdivisions for services; or

(2) eliminate any excess by which the amount of property taxes imposed by the political subdivision exceeds the amount necessary to pay for services.

(c) The fiscal body of the political subdivision shall determine and certify to the department of local government finance the amount of the adjustment (if any) to be made under subsection (b).

As added by P.L.58-2011, SEC.2. Amended by P.L.255-2013, SEC.3.
Ind. Code § 36-9-23-19 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-19
Bonds; actions to contest validity; limitations
Status: in_force

Sec. 19. Any action to contest the validity of revenue bonds issued under this chapter must be brought at least five (5) days before the advertised date for the sale of the bonds.

[Pre-Local Government Recodification Citation: 19-2-5-12 part.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-1-13-1 — Indiana Code / Title 36 / Article 1 / Chapter 13 / Section 36-1-13-1
Employee
Status: in_force

Sec. 1. As used in this chapter, "employee" refers to an employee of a political subdivision.

As added by P.L.254-1993, SEC.1.
Ind. Code § 36-12-7-5 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-5
1881 city or county incorporation libraries; corporate existence and powers; tax exemption; art gallery; reading rooms; public park
Status: in_force

Sec. 5. (a) A public library established as an 1881 city or county incorporation library that has filed the appropriate incorporation instrument in the proper recorder's office is a corporation and possesses all the rights, powers, and privileges given to corporations by common law to:

(1) sue and be sued;

(2) borrow money and secure the payment of the money by notes, mortgages, bonds, or deeds of trust upon the personal or real property of the public library;

(3) purchase, rent, lease, hold, sell, and convey real estate for the benefit of the corporation, and to erect and maintain suitable buildings to accomplish library purposes; and

(4) receive and accept donations, either of money or real estate, either by gift or devise, and to hold, use, mortgage, sell, and convey these donations for the benefit of the corporation, in the manner provided in the deed of gift or devise.

(b) The real and personal property of the corporation that is established as an 1881 city or county incorporation public library:

(1) is exempt from taxation for state, county, and municipal purposes; and

(2) remains exempt so long as the public library is used exclusively for the general benefit of the inhabitants of the city or county in which the library is located.

(c) The corporation may establish and maintain a gallery of art and public reading rooms in connection with the corporation's library. The corporation may also maintain a public park either in connection with the corporation's library building or separate from the library building.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-3.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-31-13 — Indiana Code / Title 36 / Article 9 / Chapter 31 / Section 36-9-31-13
Borrowing limitations pending receipt of grant to city
Status: in_force

Sec. 13. (a) The consolidated city, pending receipt of any grant may, but within the limitation set forth in this section, borrow money from any person and evidence the debt so incurred by note or notes executed by the executive and fiscal officer of the consolidated city and containing such terms and provisions as may be prescribed by the board. The city may, in anticipation of the issuance of bonds issued under section 9, 10, or 11 of this chapter, borrow money from any person and evidence the debt so incurred by note or notes executed by the executive and fiscal officer and containing such terms and provisions as may be prescribed by the board.

(b) Any note or notes issued under this section or any renewal of them must mature not more than five (5) years from the date of issuance of the original note and must pledge for the payment of the principal and interest the proceeds of the grant or bonds.

(c) The board shall apply the proceeds of any note or notes issued under this section to the cost of the facility for which the grant is to be made or bonds issued, but no purchaser of any obligations is liable for the proper application of the proceeds.

As added by Acts 1982, P.L.77, SEC.27.
Ind. Code § 36-8-15-15.2 — Indiana Code / Title 36 / Article 8 / Chapter 15 / Section 36-8-15-15.2
Persons authorized to lease facilities
Status: in_force

Sec. 15.2. (a) Any of the following persons may lease facilities referred to in section 15.1 of this chapter to a board:

(1) A not-for-profit or for-profit corporation organized under Indiana law or admitted to do business in Indiana.

(2) An authority established under IC 36-9-13.

(b) Notwithstanding any other law, a lessor under this section and section 15.1 of this chapter is a qualified entity for purposes of IC 5-1.4-1-10.

As added by P.L.2-1989, SEC.53.
Ind. Code § 36-12-2-5.5 — Indiana Code / Title 36 / Article 12 / Chapter 2 / Section 36-12-2-5.5
Repealed
Status: repealed

As added by P.L.220-2011, SEC.687. Repealed by P.L.84-2012, SEC.20.
Ind. Code § 36-7-2-1 — Indiana Code / Title 36 / Article 7 / Chapter 2 / Section 36-7-2-1
Planning and zoning powers of reorganized units
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units except townships.

(b) A unit consisting of:

(1) two (2) or more townships; and

(2) at least one (1) municipality;

that has reorganized under IC 36-1.5 may exercise planning and zoning power under IC 36-7-4 if the unit's plan of reorganization under IC 36-1.5 authorizes the unit to exercise planning and zoning powers.

[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]

As added by Acts 1980, P.L.211, SEC.2. Amended by P.L.202-2013, SEC.32.
Ind. Code § 36-8-12-16 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-16
Schedule of charges for service; conditions for collection; reports; failure to pay
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 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 5-3-1-4(d) 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.
Ind. Code § 36-7-2.4-7 — Indiana Code / Title 36 / Article 7 / Chapter 2.4 / Section 36-7-2.4-7
Public school, charter school, and nonpublic school land use application; denial
Status: in_force

Sec. 7. A land use application for any approval that is required by a unit for a public school, charter school, or nonpublic school may not be denied for the sole reason that the requesting entity is seeking to establish a public school, charter school, or nonpublic school.

As added by P.L.232-2025, SEC.32.
Ind. Code § 36-7-25-6.5 — Indiana Code / Title 36 / Article 7 / Chapter 25 / Section 36-7-25-6.5
Certain tax exempt property; limitation on charges
Status: in_force

Sec. 6.5. (a) As used in this section, "qualified property" has the meaning set forth in IC 36-1-8-18.

(b) Notwithstanding section 6 of this chapter or any other law, and except as provided in subsections (c) and (d), an agreement entered into by a commission after June 30, 2016, may not include any of the following:

(1) A provision requiring a person to:

(A) make any payments in lieu of taxes; or

(B) except as provided in subsection (c), pay any other charge or user fee;

for or on qualified property.

(2) A provision requiring a person to limit the person's rights to challenge any of the following:

(A) The imposition of a payment in lieu of taxes or the payment of any other charge or user fee on qualified property.

(B) The assessment of property taxes imposed on qualified property.

(c) This section does not prohibit the imposing of utility fees or charges, sewer fees or charges, ditch or drainage assessments, storm water fees or charges, or waste collection or disposal fees or charges on qualified property.

(d) Upon the request of the owner of qualified property, a commission may enter into an agreement described in subsection (b) concerning the qualified property.

As added by P.L.200-2016, SEC.4.
Ind. Code § 36-8-1-6 — Indiana Code / Title 36 / Article 8 / Chapter 1 / Section 36-8-1-6
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 18-1-11-2 part; 18-1-11-5 part.]

As added by Acts 1981, P.L.309, SEC.45. Repealed by P.L.329-1985, SEC.26.
Ind. Code § 36-9-27.4-7 — Indiana Code / Title 36 / Article 9 / Chapter 27.4 / Section 36-9-27.4-7
"Respondent" defined
Status: in_force

Sec. 7. As used in this chapter, "respondent" means an owner of the tract of land that is the subject of a petition seeking the removal of an obstruction under this chapter.

As added by P.L.239-1996, SEC.3 and P.L.240-1996, SEC.2.
Ind. Code § 36-9-38-3 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-3
Improvement to be owned, maintained, and operated by municipality
Status: in_force

Sec. 3. An improvement constructed under this chapter shall be owned, maintained, and operated by the municipality under the direction of the municipal works board.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-2-9-2.5 — Indiana Code / Title 36 / Article 2 / Chapter 9 / Section 36-2-9-2.5
County auditor training courses
Status: in_force

Sec. 2.5. (a) As used in this section, "training courses" refers to training courses related to the office of county auditor that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.

(b) An individual elected to the office of county auditor shall complete at least:

(1) fifteen (15) hours of training courses within one (1) year; and

(2) forty (40) hours of training courses within three (3) years;

after the individual is elected to the office of county auditor.

(c) An individual first elected to the office of county auditor shall complete five (5) hours of newly elected official training courses before the individual first takes the office of county auditor. A training course that an individual completes under this subsection shall be counted toward the requirements under subsection (b).

(d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as county auditor.

(e) The failure of an individual to complete the training required by this section does not prevent the individual from taking an office to which the individual was elected.

(f) This subsection applies only to an individual appointed to fill a vacancy in the office of county auditor. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected county auditor, the county shall pay for the training course as if the individual had been an elected county auditor.

(g) An individual elected to the office of county auditor shall annually certify completion of the requirements described in subsection (b). The certification must be in the form and content prescribed by the state examiner and filed electronically in the manner prescribed under IC 5-14-3.8-7.

As added by P.L.120-2012, SEC.7. Amended by P.L.279-2013, SEC.3; P.L.257-2019, SEC.104; P.L.78-2024, SEC.4.
Ind. Code § 36-7-25-1 — Indiana Code / Title 36 / Article 7 / Chapter 25 / Section 36-7-25-1
Application
Status: in_force

Sec. 1. This chapter applies to all units having a department of redevelopment under IC 36-7-14-3 or a department of metropolitan development as the redevelopment commission of a consolidated city or excluded city under IC 36-7-15.1.

As added by P.L.35-1990, SEC.62. Amended by P.L.102-1999, SEC.28.
Ind. Code § 36-8-19-6.9 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-6.9
Creation of joint executive board
Status: in_force

Sec. 6.9. (a) This section applies to a fire protection territory established by an ordinance or resolution that:

(1) is adopted after December 31, 2021; and

(2) delegates administrative, budget, or fiscal responsibilities of the fire protection territory to a joint executive board representing each of the participating units.

(b) A joint board of the participating units must include at least one (1) voting member who resides within and represents each participating unit as follows:

(1) Each municipality that is a participating unit shall appoint at least one (1) member who:

(A) represents the municipality;

(B) resides within the municipality; and

(C) does not reside in any of the other participating units or a portion of a participating unit in which a member resides who is appointed under subdivision (2), (3), or (4).

(2) Each township that is a participating unit shall appoint at least one (1) member who:

(A) represents the unincorporated area of the township;

(B) resides within the unincorporated area of the township; and

(C) does not reside in any of the other participating units or the portion of a participating unit in which a member resides who is appointed under subdivision (3) or (4).

(3) Each fire protection district that is a participating unit shall appoint at least one (1) member who:

(A) represents the fire protection district;

(B) resides within the fire protection district; and

(C) does not reside in any of the other participating units or a portion of a participating unit in which a member resides who is appointed under subdivision (1), (2), or (4).

(4) Each county that is a participating unit shall appoint at least one (1) member who:

(A) represents the unincorporated area of the county;

(B) resides within the unincorporated area of the county; and

(C) does not reside within any of the other participating units or a portion of a participating unit in which a member resides who is appointed under subdivisions (1) through (3).

As added by P.L.14-2021, SEC.2.
Ind. Code § 36-7-4-1103 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1103
Miscellaneous provisions; use and alienation of mineral resources and forests outside urban areas
Status: in_force

Sec. 1103. (a) ADVISORY—AREA. For purposes of this section, urban areas include all lands and lots within the corporate boundaries of a municipality, any other lands or lots used for residential purposes where there are at least eight (8) residences within any quarter mile square area, and other lands or lots that have been or are planned for residential areas contiguous to the municipality.

(b) ADVISORY—AREA. This chapter does not authorize an ordinance or action of a plan commission that would prevent, outside of urban areas, the complete use and alienation of any mineral resources or forests by the owner or alienee of them.

[Pre-Local Government Recodification Citations: 18-7-4-1103; 18-7-5-61.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.117-1986, SEC.3; P.L.346-1987, SEC.1; P.L.305-1989, SEC.1; P.L.12-1992, SEC.166; P.L.216-1999, SEC.5; P.L.170-2002, SEC.153; P.L.119-2012, SEC.195; P.L.154-2020, SEC.46; P.L.164-2020, SEC.65.
Ind. Code § 36-7.6-4-4 — Indiana Code / Title 36 / Article 7.6 / Chapter 4 / Section 36-7.6-4-4
Bonding; complete authority
Status: in_force

Sec. 4. This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by a development board or any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed in this article.

As added by P.L.232-2007, SEC.7.
Ind. Code § 36-7-31.3-19 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-19
Use of funds
Status: in_force

Sec. 19. The resolution establishing the tax area must designate the use of the funds. The funds are to be used only for the following:

(1) Except in a tax area in:

(A) the city of Fort Wayne; or

(B) the city of Gary;

a capital improvement that will construct or equip a facility 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. In a tax area to which this subdivision applies, funds may also be used for a capital improvement that will construct or equip a facility 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 for any purpose specified in section 8(a)(2) of this chapter.

(2) In the city of Fort Wayne, a capital improvement that will construct or equip a facility 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 for any purpose specified in section 8(a) of this chapter.

(3) In the city of Gary, a capital improvement that will construct or equip a facility 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 for any purpose specified in section 8(a)(1) or 8(a)(2) of this chapter.

(4) The financing or refinancing of a capital improvement described in subdivision (1), (2), or (3) or the payment of lease payments for a capital improvement described in subdivision (1), (2), or (3).

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.178-2002, SEC.131; P.L.64-2004, SEC.37; P.L.119-2012, SEC.213; P.L.104-2022, SEC.195.
Ind. Code § 36-2-8.7-3 — Indiana Code / Title 36 / Article 2 / Chapter 8.7 / Section 36-2-8.7-3
Adoption of resolution by county executive
Status: in_force

Sec. 3. In the case of a county that:

(1) has a consolidated city, the resolution must be adopted by the county executive; or

(2) does not have a consolidated city, the resolution must be adopted by an affirmative vote of at least a majority of all members of the county executive.

As added by P.L.169-2021, SEC.2.
Ind. Code § 36-9-28.7-3 — Indiana Code / Title 36 / Article 9 / Chapter 28.7 / Section 36-9-28.7-3
"Runoff"
Status: in_force

Sec. 3. As used in this chapter, "runoff" means the part of precipitation that flows from a drainage area on the land surface, in open channels, or in storm water conveyance systems.

As added by P.L.125-2011, SEC.3.
Ind. Code § 36-2-10-19 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-19
"Financial institution" defined; duties and responsibilities as tax collecting agents
Status: in_force

Sec. 19. (a) As used in this section, "financial institution" means any of the following:

(1) A bank, trust company, or mutual savings bank incorporated under Indiana law.

(2) A national banking association with its principal office in Indiana.

(3) A savings association operating under Indiana law.

(4) A federally chartered savings association with its principal office or a branch in Indiana.

(5) A federally chartered savings bank with its principal office or a branch in Indiana.

(6) A credit union chartered under Indiana law or United States law having its principal office in Indiana.

(b) The treasurer may designate one (1) or more financial institutions in the county as the treasurer's agent for collecting payments of taxes that are not delinquent.

(c) A designated financial institution may issue an official receipt of the treasurer for taxes the financial institution collects.

(d) A designated financial institution shall make a daily settlement with the treasurer for all taxes the financial institution collects.

(e) A designated financial institution is responsible for all taxes the financial institution collects.

(f) This section does not affect IC 5-13.

[Pre-Local Government Recodification Citations: 17-3-33.5-1; 17-3-33.5-2; 17-3-33.5-3; 17-3-33.5-4; 17-3-33.5-5.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.19-1987, SEC.48; P.L.140-1992, SEC.1; P.L.79-1998, SEC.106.
Ind. Code § 36-8-12-4 — Indiana Code / Title 36 / Article 8 / Chapter 12 / Section 36-8-12-4
Agreements with units; consideration
Status: in_force

Sec. 4. The contract between a unit and a volunteer fire department must provide that the unit pay to the department, as consideration for the contract, an amount of money that is determined by negotiation between them. This consideration must include the amounts that the unit is required to pay under this chapter for insurance premiums and clothing, automobile, and other allowances.

[Pre-Local Government Recodification Citation: 19-1-40-5.5.]

As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999, SEC.90.
Ind. Code § 36-1-8.5-2 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-2
"Covered person"
Status: in_force

Sec. 2. As used in this chapter, "covered person" means any of the following:

(1) A judge.

(2) A law enforcement officer.

(3) An address confidentiality program participant.

(4) A public official.

(5) The surviving spouse of a person described in subdivision (2), if the person was killed in the line of duty.

(6) An employee of the department of child services.

(7) A current or former probation officer.

(8) A current or former community corrections officer.

(9) A regular, paid firefighter or a volunteer firefighter (as defined in IC 36-8-12-2).

(10) A correctional services provider.

(11) A public defender.

(12) Any person who resides in the same household as a person described in this section.

As added by P.L.106-2013, SEC.2. Amended by P.L.191-2015, SEC.13; P.L.111-2019, SEC.4; P.L.243-2019, SEC.22; P.L.115-2021, SEC.3; P.L.91-2023, SEC.2; P.L.180-2023, SEC.1; P.L.238-2025, SEC.90; P.L.40-2026, SEC.10.
Ind. Code § 36-10-9.1-19 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-19
Investment in bonds of authority
Status: in_force

Sec. 19. Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.

As added by P.L.82-1985, SEC.12. Amended by P.L.42-1993, SEC.101.
Ind. Code § 36-9-2-7 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-7
Public ways; regulation of use; school corporation grounds
Status: in_force

Sec. 7. A unit may regulate the use of public ways. A unit also may regulate the use of school corporation grounds if requested by the fiscal body of the school corporation.

[Pre-Local Government Recodification Citations: 9-4-1-92 part; 18-1-1.5-8(d); 18-1-1.5-8(e); 18-3-1-42 part; 18-3-1-52 part; 18-4-2-24; 18-5-10-6.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-7-3-14 — Indiana Code / Title 36 / Article 7 / Chapter 3 / Section 36-7-3-14
Vacation of platted land; descriptions of lots and parcels in plat preserved; exceptions
Status: reserved

Sec. 14. (a) If any platted land is vacated, the descriptions of the lots and parcels of that land shall be preserved as set forth in the plat, with the proportionate parts of vacated streets and alleys added as provided by law, unless all the owners of land in the vacated area consent in writing to the description of the area by:

(1) the method used before the plat was made;

(2) metes and bounds; or

(3) other appropriate description.

(b) Notwithstanding subsection (a), a vacated tract of five (5) acres or more that is owned by one (1) person, or jointly by two (2) or more persons, need not be described by lot number and may be described by metes and bounds or some other method.

[Pre-Local Government Recodification Citation: 18-5-10-46.]

As added by Acts 1981, P.L.309, SEC.22.
Ind. Code § 36-7-4-608.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-608.5
Repealed
Status: repealed

As added by P.L.164-1995, SEC.19. Repealed by P.L.32-2004, SEC.4.
Ind. Code § 36-1-9.5-18 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-18
"Unearned work" defined
Status: in_force

Sec. 18. As used in this chapter, "unearned work" means the total dollar value of work contracted for but not performed.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-4-6-16 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-16
Ordinance, order, or resolution; power of city executive to approve or veto
Status: in_force

Sec. 16. (a) Within ten (10) days after an ordinance, order, or resolution is presented to the city executive, the city executive shall:

(1) approve the ordinance, order, or resolution, by entering the executive's approval on it, signing it, and sending the legislative body a message announcing the executive's approval; or

(2) veto the ordinance, order, or resolution, by returning it to the legislative body with a message announcing the executive's veto and stating the executive's reasons for the veto.

The executive may approve or veto separate items of an ordinance appropriating money or levying a tax.

(b) If the executive fails to perform the executive's duty under subsection (a), the ordinance, order, or resolution is considered vetoed.

(c) Whenever an ordinance, order, or resolution is vetoed by the executive, it is considered defeated unless the legislative body, at its first regular or special meeting after the ten (10) day period prescribed by subsection (a), passes the ordinance, order, or resolution over the executive's veto by a two-thirds (2/3) vote.

[Pre-Local Government Recodification Citations: 18-1-3-6 part; 18-1-6-2 part.]

As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.129.
Ind. Code § 36-9-27-104 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-104
Interstate drains; authorization; joint meetings of state officials
Status: in_force

Sec. 104. (a) Whenever:

(1) a petition to construct a new drain is filed under sections 54 through 65 of this chapter, a board initiates proceedings to reconstruct a drain under sections 49 through 52 of this chapter, or proceedings are initiated in Illinois, Kentucky, Michigan, or Ohio to construct or reconstruct a drain; and

(2) the proposed construction or reconstruction will affect land in both Indiana and the other state;

the board may join with the proper officials of the other state in a joint effort to construct or reconstruct the drain.

(b) Whenever proceedings are instituted in Indiana under subsection (a), the board shall fix a date, time, and place for a joint meeting with the proper officials of the other state for the purpose of forming an interstate board, and shall have a notice of the meeting served on those officials.

(c) Upon receipt by the board of an acceptance of the offer to meet, or, when the offer to meet has come from the other state, upon acceptance by the board, the board and the officials of the other state shall proceed at the specified date, time, and place to form an interstate board by electing one (1) of their number chair and one (1) of their number clerk. The chair and the clerk may not be residents of the same state.

(d) Without regard to the number of members of the interstate board who are present, the members from Indiana are entitled to cast one-half (1/2) of all votes on all questions, and that vote shall be represented equally by the different members from Indiana who are present.

[Pre-Local Government Recodification Citations: 19-4-9-1; 19-4-9-2; 19-4-9-3.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.127-2017, SEC.363.
Ind. Code § 36-8-4.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 4.5 / Section 36-8-4.5-3
"Member of a town fire department"
Status: in_force

Sec. 3. As used in this chapter, "member of a town fire department" does not include a volunteer firefighter under IC 36-8-12-2.

As added by P.L.65-2008, SEC.2.
Ind. Code § 36-7-31.3-10 — Indiana Code / Title 36 / Article 7 / Chapter 31.3 / Section 36-7-31.3-10
Resolution; allocation of taxes; renewal of expired areas
Status: repealed

Sec. 10. (a) A tax area must be established by resolution. A resolution establishing a tax area must provide for the allocation of covered taxes attributable to a taxable event or covered taxes earned in the tax area to the professional sports and convention development area fund established for the city or county. The allocation provision must apply to the entire tax area. The following apply to Allen County:

(1) The fund required by this subsection is the coliseum professional sports and convention development area fund. This fund shall be administered by the Allen County Memorial Coliseum board of trustees.

(2) The allocation each year must be as follows:

(A) The following for state fiscal years ending before July 1, 2021:

(i) The first two million six hundred thousand dollars ($2,600,000) shall be transferred to the county treasurer for deposit in the coliseum professional sports and convention development area fund.

(ii) The remaining amount shall be transferred to the treasurer of the joint county-city capital improvement board in the county.

(B) The following for state fiscal years beginning after June 30, 2021:

(i) The first two million six hundred thousand dollars ($2,600,000) shall be transferred to the county treasurer for deposit in the coliseum professional sports and convention development area fund.

(ii) After the allocation under item (i), the next four hundred thousand dollars ($400,000) shall be transferred to the joint county-city capital improvement board in the county for the Grand Wayne Center.

(iii) After the allocations under items (i) and (ii), any remaining amount shall be transferred to the joint county-city capital improvement board in the county to be split evenly between the Allen County War Memorial Coliseum and the Grand Wayne Center.

A tax area located in Allen County terminates not later than December 31, 2038. Any bonds that were issued before January 1, 2015, to finance the facility or proposed facility must have a maturity of less than twenty-five (25) years.

(b) In addition to subsection (a), all of the salary, wages, bonuses, and other compensation that are:

(1) paid during a taxable year to a professional athlete for professional athletic services;

(2) taxable in Indiana; and

(3) earned in the tax area;

shall be allocated to the tax area if the professional athlete is a member of a team that plays the majority of the professional athletic events that the team plays in Indiana in the tax area.

(c) This subsection applies to a tax area established in the city of Evansville. The following apply:

(1) The total amount of covered taxes captured by the tax area may not exceed:

(A) before July 1, 2026, ten dollars ($10) per resident of the city or county per year; and

(B) after June 30, 2026, two million dollars ($2,000,000) per year;

for twenty (20) consecutive years.

(2) For state fiscal years after June 30, 2026, the tax revenue captured in the tax area each year shall be transferred to the city of Evansville to be used for purposes consistent with section 19 of this chapter.

(d) This subsection applies to a tax area established in the city of Evansville that expired before July 1, 2021. The tax area described in this subsection is renewed beginning after June 30, 2021, for an additional twenty (20) consecutive years, and shall include:

(1) the boundaries of the tax area before its expiration; plus

(2) the additional tax areas added under section 8(e) of this chapter.

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

(e) This subsection applies to a tax area established in the city of South Bend that expired before July 1, 2021. The following apply:

(1) The tax area described in this subsection is renewed beginning after June 30, 2021, and shall include:

(A) the boundaries of the tax area before its expiration; plus

(B) the additional tax areas added under section 8(f) of this chapter.

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

(2) The maximum amount of covered taxes that may be captured in the tax area under this subsection is:

(A) before July 1, 2023, two million dollars ($2,000,000) per year; and

(B) after June 30, 2023, five million dollars ($5,000,000) per year.

(3) For state fiscal years beginning after June 30, 2023, the first two million five hundred thousand dollars ($2,500,000) captured in the tax area each year shall be transferred to the city of South Bend to be used for a capital improvement that will construct or equip a facility owned by the city and used by a professional sports franchise for practice or competitive sporting events.

(4) After the allocations under subdivision (3), any remaining amount shall be transferred to the city of South Bend to be used consistent with section 19(1) of this chapter.

The tax area renewed in the city of South Bend under this subsection terminates not later than June 30, 2044.

(f) This subsection applies to a tax area established in the city of Fishers. The following apply:

(1) The maximum amount of covered taxes that may be captured in the tax area is two million dollars ($2,000,000) per year.

(2) The tax revenue captured in the tax area each year shall be transferred to the city of Fishers to be used for a capital improvement that will construct or equip a facility owned by the city and used by a professional sports franchise for practice or competitive sporting events.

The tax area located in the city of Fishers terminates not later than June 30, 2044.

(g) The resolution establishing the tax area must designate the facility or proposed facility and the facility site for which the tax area is established.

(h) The department may adopt rules under IC 4-22-2 and guidelines to govern the allocation of covered taxes to a tax area.

As added by P.L.255-1997(ss), SEC.20. Amended by P.L.176-2009, SEC.26; P.L.182-2009(ss), SEC.511; P.L.119-2012, SEC.212; P.L.137-2012, SEC.121; P.L.100-2014, SEC.3; P.L.79-2021, SEC.2; P.L.104-2022, SEC.194; P.L.183-2023, SEC.3; P.L.213-2025, SEC.308.
Ind. Code § 36-5-1-3 — Indiana Code / Title 36 / Article 5 / Chapter 1 / Section 36-5-1-3
Items to accompany petition
Status: in_force

Sec. 3. A petition for incorporation must be accompanied by the following items to be supplied at the expense of the petitioners:

(1) A survey, certified by a professional surveyor registered under IC 25-21.5, showing the boundaries of and quantity of land contained in the territory sought to be incorporated.

(2) An enumeration of the territory's residents and landowners and their mailing addresses, completed not more than thirty (30) days before the time of filing of the petition and verified by the persons supplying it.

(3) A statement of the assessed valuation of all real property within the territory, certified by the township assessor of the township in which the territory is located, or the county assessor if there is no township assessor for the township.

(4) A statement of the services to be provided to the residents of the proposed town and the approximate times at which they are to be established.

(5) A statement of the estimated cost of the services to be provided and the proposed tax rate for the town.

(6) The name to be given to the proposed town.

[Pre-Local Government Recodification Citation: 18-3-1-5.]

As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.241-1999, SEC.3; P.L.219-2007, SEC.115; P.L.146-2008, SEC.707; P.L.57-2013, SEC.96.
Ind. Code § 36-1.5-4-3 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-3
Types of reorganization
Status: in_force

Sec. 3. Political subdivisions described in section 1 of this chapter may participate under this chapter in any of the following types of reorganization:

(1) Consolidation of the participating political subdivisions into a single new political subdivision.

(2) Consolidation of the participating political subdivisions into one (1) of the participating political subdivisions.

As added by P.L.186-2006, SEC.4.
Ind. Code § 36-2-7-10 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-10
"Copy"; "mortgage"; "multiple transaction document"; "record"; county recorder's fees; cross-references
Status: in_force

Sec. 10. (a) The following definitions apply to this section:

(1) "Copy" means:

(A) transcribing or duplicating a document by handwriting, photocopy, xerography, or duplicating machine;

(B) duplicating electronically stored data onto a disk, tape, drum, or any other means of electronic data storage; or

(C) reproducing a document by any other means.

(2) "Mortgage" means a transfer of rights to real property, in a form substantially similar to that set forth in IC 32-29-1-5, with or without warranty from the grantor. The term does not include:

(A) a mortgage modification;

(B) a mortgage assignment;

(C) a mortgage release; or

(D) a mortgage assumption.

(3) "Multiple transaction document" means a document containing two (2) or more transactions of the same type.

(4) "Record" or "recording" means the act of placing a document into the official records of the county recorder and includes the functions of filing and filing for record.

(b) The county recorder shall charge and collect the fees prescribed by this section for recording, filing, copying, and other services the recorder renders, and shall pay them into the county treasury at the end of each calendar month. The fees prescribed and collected under this section supersede all other recording fees required by law to be charged for services rendered by the county recorder.

(c) The county recorder shall charge the following:

(1) Twenty-five dollars ($25) for recording any deed or other instrument, other than a mortgage.

(2) Fifty-five dollars ($55) for recording any mortgage.

(3) For pages larger than eight and one-half (8 1/2) inches by fourteen (14) inches twenty-five dollars ($25) for the first page and five dollars ($5) for each additional page of any document the recorder records, if the pages are larger than eight and one-half (8 1/2) inches by fourteen (14) inches.

(4) If the county recorder has elected to attest to the release, partial release, or assignment of any mortgage, judgment, lien, or oil and gas lease contained on a multiple transaction document, the fee for each transaction after the first is seven dollars ($7) plus the amount provided in subdivision (1).

(5) For furnishing copies of records, the fee for each copy is:

(A) one dollar ($1) per page that is not larger than eleven (11) inches by seventeen (17) inches; and

(B) five dollars ($5) per page that is larger than eleven (11) inches by seventeen (17) inches.

(6) Five dollars ($5) for acknowledging or certifying to a document.

(7) A fee in an amount authorized by an ordinance adopted by the county legislative body for duplicating a computer tape, a computer disk, an optical disk, microfilm, or similar media. This fee may not cover making a handwritten copy or a photocopy or using xerography or a duplicating machine.

(8) Twenty-five dollars ($25) per parcel for recording the release of a lien or liens of a political subdivision for a property sold or transferred under IC 6-1.1-24-6.1 or IC 36-1-11, regardless of the number of liens held by the political subdivision. This fee applies to each political subdivision with a lien or liens on a parcel. In addition to the fee under this subdivision, if a county fiscal body adopts a fee under section 10.7 of this chapter, the county recorder may charge the fee under section 10.7 of this chapter for each document recorded by a political subdivision under this subdivision.

(9) This subdivision applies in a county only if at least one (1) unit in the county has established an affordable housing fund under IC 5-20-5-15.5 and the county fiscal body adopts an ordinance authorizing the fee described in this subdivision. An ordinance adopted under this subdivision may authorize the county recorder to charge a fee of ten dollars ($10) for each document the recorder records.

(10) This subdivision applies in a county containing a consolidated city that has established a housing trust fund under IC 36-7-15.1-35.5(e). This subdivision does not apply if the county fiscal body adopts a fee under section 10.7 of this chapter. The county fiscal body may adopt an ordinance authorizing the fee described in this subdivision. An ordinance adopted under this subdivision may authorize the county recorder to charge a fee of:

(A) two dollars and fifty cents ($2.50) for the first page; and

(B) one dollar ($1) for each additional page;

of each document the recorder records.

(d) This subsection does not apply in a county containing a consolidated city. Section 10.5 of this chapter applies to the deposit of fees collected under subsection (c)(1) and (c)(8) in a county containing a consolidated city. The county recorder shall deposit the fees collected under subsection (c)(1) and (c)(8) as follows:

(1) Eight dollars ($8) in the county general fund.

(2) Five dollars ($5) in the county surveyor's corner perpetuation fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).

(3) Ten dollars ($10) in the county recorder's records perpetuation fund established under subsection (g).

(4) One dollar ($1) in the county identification security protection fund established under IC 36-2-7.5-11.

(5) One dollar ($1) in the county elected officials training fund under IC 36-2-7-19.

(e) This subsection does not apply in a county containing a consolidated city. Section 10.5 of this chapter applies to the deposit of fees collected under subsection (c)(2) in a county containing a consolidated city. The county recorder shall deposit the fees collected under subsection (c)(2) as follows:

(1) Thirty-four dollars ($34) in the county general fund.

(2) Five dollars ($5) in the county surveyor's corner perpetuation fund for use as provided under IC 21-47-3-3 or IC 36-2-12-11(e).

(3) Eleven dollars and fifty cents ($11.50) in the county recorder's records perpetuation fund established under subsection (g).

(4) Two dollars and fifty cents ($2.50) with the county treasurer to be distributed in accordance with IC 37-5-9-2 and IC 37-5-9-3.

(5) One dollar ($1) in the county identification security protection fund established under IC 36-2-7.5-11.

(6) One dollar ($1) in the county elected officials training fund under IC 36-2-7-19.

(f) This subsection applies to all counties. A county recorder shall deposit fees collected under subsection (c)(3), (c)(4), (c)(5), (c)(6), and (c)(7) in the county recorder's records perpetuation fund established under subsection (g).

(g) The county treasurer shall establish a county recorder's records perpetuation fund. The fund consists of all fees collected under this section for deposit in the fund and amounts transferred to the fund from the county identification security protection fund under IC 36-2-7.5-11. Except as provided in section 10.2 of this chapter, the county recorder may use any money in this fund without appropriation for:

(1) the preservation of records; and

(2) the improvement of record keeping systems and equipment;

within the control of the county recorder. Money from the fund may not be deposited or transferred into the county general fund and does not revert to the county general fund at the end of a fiscal year.

(h) The county recorder shall post the fees set forth in subsection (c) in a prominent place within the county recorder's office where the fee schedule will be readily accessible to the public.

(i) The county recorder may not charge or collect any fee for:

(1) recording an official bond of a public officer, a deputy, an appointee, or an employee; or

(2) performing any service under any of the following:

(A) IC 6-1.1-22-2(c).

(B) IC 8-23-7.

(C) IC 8-23-23.

(D) IC 10-17-2-3.

(E) IC 10-17-3-2.

(F) IC 12-14-13.

(G) IC 12-14-16.

(j) The state and its agencies and instrumentalities are required to pay the recording fees and charges that this section prescribes.

(k) This subsection applies to a county other than a county containing a consolidated city. The county treasurer shall distribute money collected by the county recorder under subsection (c)(9) as follows:

(1) Sixty percent (60%) of the money collected by the county recorder under subsection (c)(9) shall be distributed to the units in the county that have established an affordable housing fund under IC 5-20-5-15.5 for deposit in the fund. The amount to be distributed to a unit is the amount available for distribution multiplied by a fraction. The numerator of the fraction is the population of the unit. The denominator of the fraction is the population of all units in the county that have established an affordable housing fund. The population to be used for a county that establishes an affordable housing fund is the population of the county outside any city or town that has established an affordable housing fund.

(2) Forty percent (40%) of the money collected by the county recorder under subsection (c)(9) shall be distributed to the treasurer of state for deposit in the affordable housing and community development fund established under IC 5-20-4-7 for the purposes of the fund.

Money shall be distributed under this subsection before the sixteenth day of the month following the month in which the money is collected from the county recorder.

(l) This subsection applies to a county described in subsection (c)(10). The county treasurer shall distribute money collected by the county recorder under subsection (c)(10) as follows:

(1) Sixty percent (60%) of the money collected by the county recorder under subsection (c)(10) shall be deposited in the housing trust fund established under IC 36-7-15.1-35.5(e) for the purposes of the fund.

(2) Forty percent (40%) of the money collected by the county recorder under subsection (c)(10) shall be distributed to the treasurer of state for deposit in the affordable housing and community development fund established under IC 5-20-4-7 for the purposes of the fund.

Money shall be distributed under this subsection before the sixteenth day of the month following the month in which the money is collected from the county recorder.

(m) The county recorder may also include a cross-reference or multiple cross-references identified in a document for recording under this section. For cross-references not otherwise required by statute or county ordinance, the person submitting the document for recording shall clearly identify on the front page of the instrument the specific cross-reference or cross-references to be included with the recorded documents.

[Pre-Local Government Recodification Citations: 17-3-40-1; 17-3-44-2; 17-3-50-4; 17-3-51-1 part; 17-3-52-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981, P.L.269, SEC.2; P.L.342-1983, SEC.1; P.L.290-1985, SEC.8; P.L.98-1986, SEC.10; P.L.167-1987, SEC.11; P.L.5-1988, SEC.211; P.L.231-1989, SEC.11; P.L.18-1990, SEC.290; P.L.45-1990, SEC.6; P.L.190-1991, SEC.6; P.L.2-1992, SEC.887; P.L.58-1993, SEC.19; P.L.31-1994, SEC.10; P.L.314-1995, SEC.1; P.L.273-1995, SEC.2; P.L.211-1996, SEC.4; P.L.151-1999, SEC.2; P.L.241-1999, SEC.2; P.L.2-2002, SEC.107; P.L.2-2003, SEC.101; P.L.73-2004, SEC.47; P.L.171-2006, SEC.9; P.L.169-2006, SEC.50; P.L.2-2007, SEC.384; P.L.211-2007, SEC.47; P.L.215-2007, SEC.4; P.L.3-2008, SEC.256; P.L.45-2010, SEC.2; P.L.13-2013, SEC.151; P.L.125-2014, SEC.1; P.L.127-2017, SEC.36; P.L.86-2018, SEC.337; P.L.19-2021, SEC.1; P.L.96-2023, SEC.1; P.L.181-2025, SEC.13; P.L.115-2026, SEC.93.
Ind. Code § 36-9-27-69.5 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-69.5
Drainage plans and specifications
Status: in_force

Sec. 69.5. (a) As used in this section, "development" does not include utility infrastructure owned, controlled, installed, or constructed by a public or municipally owned utility.

(b) Unless otherwise required by an ordinance of the county, a person who lays out a:

(1) subdivision of lots or lands; or

(2) commercial, industrial, or other land development;

outside the corporate boundaries of any municipality must submit plans and specifications for the drainage of the subdivision or other development in accordance with this section. The county drainage board must approve the drainage plan before the person may proceed with the subdivision or other development.

(c) A drainage plan and specifications submitted under subsection (b) to the county drainage board must comply with this chapter. Except as provided in subsection (d), the plan must comply with the following standards:

(1) The plan must maintain the amount of drainage through the tract that existed when the tract was created. If any tiles are cut, broken down, or rendered useless during the construction activity on the tract, the landowner is responsible for the repair, replacement, or relocation of the tile.

(2) The plan may not change the locations where surface water enters the tract and exits the tract from the locations that existed when the tract was created.

(3) Water that sheds off of a new structure, especially when the new structure is elevated or near a property line, or both, must exit the tract in the same location where it did when the tract was created.

(d) The county drainage board may approve an alternate plan that does not comply with the standard set forth in subsection (c)(2).

As added by P.L.97-2001, SEC.1. Amended by P.L.125-2011, SEC.2.
Ind. Code § 36-4-5-7 — Indiana Code / Title 36 / Article 4 / Chapter 5 / Section 36-4-5-7
Appointment of persons to examine or investigate city accounts and property
Status: in_force

Sec. 7. The executive may appoint three (3) competent persons to examine, without notice, the city accounts and property in the possession or custody of a city department, officer, or employee, and to report the results of their investigation.

[Pre-Local Government Recodification Citation: 18-1-6-2 part.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-9-13-12 — Indiana Code / Title 36 / Article 9 / Chapter 13 / Section 36-9-13-12
Directors; appointment of successors
Status: in_force

Sec. 12. As the term of a director expires, the director's successor shall be appointed by a majority vote of the trustees. The new director shall serve for one (1) year from the first day of February after the new director's appointment, and until the new director's successor is appointed and qualified.

[Pre-Local Government Recodification Citation: 19-8-4-5 part.]

As added by Acts 1981, P.L.309, SEC.86. Amended by P.L.127-2017, SEC.306.
Ind. Code § 36-7-4-100.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-100.5
"Actual construction"
Status: in_force

Sec. 100.5. As used in this chapter, "actual construction" means that:

(1) construction materials are being permanently placed; and

(2) construction work is progressing.

As added by P.L.202-2025, SEC.11.
Ind. Code § 36-7-29-6 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-6
"Removal" defined
Status: in_force

Sec. 6. As used in this chapter, "removal" has the meaning set forth in IC 13-11-2-187.

As added by P.L.44-1994, SEC.11. Amended by P.L.1-1996, SEC.88.
Ind. Code § 36-8-2-10 — Indiana Code / Title 36 / Article 8 / Chapter 2 / Section 36-8-2-10
Regulation of businesses and professions
Status: in_force

Sec. 10. A unit may regulate the operation of businesses, crafts, professions, and occupations.

[Pre-Local Government Recodification Citations: 18-1-1.5-7(c); 18-1-1.5-13(a); 18-3-1-41 part; 18-4-2-12 part; 18-4-2-18 part; 18-4-2-19; 18-4-2-21 part.]

As added by Acts 1980, P.L.211, SEC.3.
Ind. Code § 36-10-7-1 — Indiana Code / Title 36 / Article 10 / Chapter 7 / Section 36-10-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the townships indicated in each section.

[Local Government Recodification Citation: New.]

As added by Acts 1981, P.L.309, SEC.114.
Ind. Code § 36-8-25.5-1 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-1
Definitions
Status: in_force

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

Sec. 1. The following definitions apply throughout this chapter:

(1) "Executive board" means the task force executive board established by section 3 of this chapter.

(2) "Task force" means the Indiana crime guns task force established by section 2 of this chapter.

(3) "Task force area" means one (1) or more of the following counties:

(A) Boone County.

(B) Hamilton County.

(C) Hancock County.

(D) Hendricks County.

(E) Marion County.

(F) Morgan County.

(G) Johnson County.

(H) Shelby County.

(I) Allen County.

(J) Lake County.

As added by P.L.217-2021, SEC.2. Amended by P.L.75-2023, SEC.1; P.L.16-2025, SEC.1.
Ind. Code § 36-10-9.5-16 — Indiana Code / Title 36 / Article 10 / Chapter 9.5 / Section 36-10-9.5-16
Bond revenue; use
Status: in_force

Sec. 16. All money received from any bonds issued under this chapter shall be applied solely to the payment of the construction cost of the capital improvement or capital improvements or the cost of refunding or refinancing outstanding bonds or notes, for which the bonds are issued. The cost may include:

(1) planning and development of the capital improvement and all buildings, facilities, structures, and improvements related to it;

(2) acquisition of a site and clearing and preparing the site for construction;

(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the capital improvement suitable for use and operation;

(4) architectural, engineering, consultant, and attorney's fees;

(5) incidental expenses in connection with the issuance and sale of bonds;

(6) reserves for principal and interest and for operations, extensions, replacements, renovations, and improvements;

(7) interest during construction;

(8) financial advisory fees;

(9) insurance during construction;

(10) municipal bond insurance; and

(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, for, and interest on the bonds or notes being refunded or refinanced.

As added by P.L.44-2026, SEC.29.
Ind. Code § 36-5-1.1-7 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-7
Evidentiary considerations
Status: in_force

Sec. 7. At the hearing the county executive shall approve dissolution unless the evidence establishes that:

(1) the petition requesting dissolution has not been signed by at least twenty-five percent (25%) of the voters;

(2) there are enough invalid signatures on the petition requesting dissolution to reduce the number of valid signatures to below twenty-five percent (25%) of the voters;

(3) at least twenty-five percent (25%) of the town's voters have signed a petition under section 5 of this chapter remonstrating against the dissolution; or

(4) the town legislative body has passed a resolution opposing dissolution.

As added by P.L.342-1987, SEC.2.
Ind. Code § 36-2-7-7 — Indiana Code / Title 36 / Article 2 / Chapter 7 / Section 36-2-7-7
Changes in sum allowed per mile
Status: in_force

Sec. 7. Any changes in the sum per mile that the state establishes by July 1 of any year shall be included in the compensation that the county fiscal body fixes in that same year to take effect January 1 of the next year. However, the fiscal body may, by ordinance, provide for the change in the sum per mile to take effect before January 1 of the next year.

[Pre-Local Government Recodification Citation: 17-1-24-18.3 part.]

As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1980, P.L.125, SEC.22.
Ind. Code § 36-7-2.3-1 — Indiana Code / Title 36 / Article 7 / Chapter 2.3 / Section 36-7-2.3-1
Applicability
Status: in_force

Sec. 1. This chapter applies to a fee imposed by a unit for approval of an application related to:

(1) construction or reconstruction of:

(A) residential buildings;

(B) commercial buildings;

(C) industrial buildings;

(D) any other building or building space; or

(E) an appurtenance to a building described in clauses (A) through (D); or

(2) zoning, development, subdivision, classification, or reclassification of land;

including a fee designated as a permit fee (including a fee for a permit under IC 36-7-4-1109(f)), application fee, inspection fee, processing fee, or by another name.

As added by P.L.73-2026, SEC.17.
Ind. Code § 36-8-10-12 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-12
Pension trust
Status: in_force

Sec. 12. (a) The department and a trustee may establish and operate an actuarially sound pension trust as a retirement plan for the exclusive benefit of the employee beneficiaries. However, a department and a trustee may not establish or modify a retirement plan after June 30, 1989, without the approval of the county fiscal body which shall not reduce or diminish any benefits of the employee beneficiaries set forth in any retirement plan that was in effect on January 1, 1989.

(b) The normal retirement age may be earlier but not later than the age of seventy (70). However, the sheriff may retire an employee who is otherwise eligible for retirement if the board finds that the employee is not physically or mentally capable of performing the employee's duties.

(c) Joint contributions shall be made to the trust fund:

(1) either by:

(A) the department through a general appropriation provided to the department;

(B) a line item appropriation directly to the trust fund; or

(C) both; and

(2) by an employee beneficiary through authorized monthly deductions from the employee beneficiary's salary or wages. However, the employer may pay all or a part of the contribution for the employee beneficiary.

Contributions through an appropriation are not required for plans established or modifications adopted after June 30, 1989, unless the establishment or modification is approved by the county fiscal body.

(d) For a county not having a consolidated city, the monthly deductions from an employee beneficiary's wages for the trust fund may not exceed six percent (6%) of the employee beneficiary's average monthly wages. For a county having a consolidated city, the monthly deductions from an employee beneficiary's wages for the trust fund may not exceed seven percent (7%) of the employee beneficiary's average monthly wages.

(e) The minimum annual contribution by the department must be sufficient, as determined by the pension engineers, to prevent deterioration in the actuarial status of the trust fund during that year. If the department fails to make minimum contributions for three (3) successive years, the pension trust terminates and the trust fund shall be liquidated.

(f) If during liquidation all expenses of the pension trust are paid, adequate provision must be made for continuing pension payments to retired persons. Each employee beneficiary is entitled to receive the net amount paid into the trust fund from the employee beneficiary's wages, and any remaining sum shall be equitably divided among employee beneficiaries in proportion to the net amount paid from their wages into the trust fund.

(g) If a person ceases to be an employee beneficiary because of death, disability, unemployment, retirement, or other reason, the person, the person's beneficiary, or the person's estate is entitled to receive at least the net amount paid into the trust fund from the person's wages, either in a lump sum or monthly installments not less than the person's pension amount.

(h) If an employee beneficiary is retired for old age, the employee beneficiary is entitled to receive a monthly income in the proper amount of the employee beneficiary's pension during the employee beneficiary's lifetime.

(i) To be entitled to the full amount of the employee beneficiary's pension classification, an employee beneficiary must have contributed at least twenty (20) years of service to the department before retirement. Otherwise, the employee beneficiary is entitled to receive a pension proportional to the length of the employee beneficiary's service.

(j) This subsection does not apply to a county that adopts an ordinance under section 12.1 of this chapter. For an employee beneficiary who retires before January 1, 1985, a monthly pension may not exceed by more than twenty dollars ($20) one-half (1/2) the amount of the average monthly wage received during the highest paid five (5) years before retirement. However, in counties where the fiscal body approves the increases, the maximum monthly pension for an employee beneficiary who retires after December 31, 1984, may be increased by no more or no less than two percent (2%) of that average monthly wage for each year of service over twenty (20) years to a maximum of seventy-four percent (74%) of that average monthly wage plus twenty dollars ($20). For the purposes of determining the amount of an increase in the maximum monthly pension approved by the fiscal body for an employee beneficiary who retires after December 31, 1984, the fiscal body may determine that the employee beneficiary's years of service include the years of service with the sheriff's department that occurred before the effective date of the pension trust. For an employee beneficiary who retires after June 30, 1996, the average monthly wage used to determine the employee beneficiary's pension benefits may not exceed the monthly minimum salary that a full-time prosecuting attorney was entitled to be paid by the state at the time the employee beneficiary retires.

(k) The trust fund may not be commingled with other funds, except as provided in this chapter, and may be invested only in accordance with statutes for investment of trust funds, including other investments that are specifically designated in the trust agreement.

(l) The trustee receives and holds as trustee all money paid to it as trustee by the department, the employee beneficiaries, or by other persons for the uses stated in the trust agreement.

(m) The trustee shall engage pension engineers to supervise and assist in the technical operation of the pension trust in order that there is no deterioration in the actuarial status of the plan.

(n) Within ninety (90) days after the close of each fiscal year, the trustee, with the aid of the pension engineers, shall prepare and file an annual report with the department. The report must include the following:

(1) Schedule 1. Receipts and disbursements.

(2) Schedule 2. Assets of the pension trust listing investments by book value and current market value as of the end of the fiscal year.

(3) Schedule 3. List of terminations, showing the cause and amount of refund.

(4) Schedule 4. The application of actuarially computed "reserve factors" to the payroll data properly classified for the purpose of computing the reserve liability of the trust fund as of the end of the fiscal year.

(5) Schedule 5. The application of actuarially computed "current liability factors" to the payroll data properly classified for the purpose of computing the liability of the trust fund as of the end of the fiscal year.

(o) No part of the corpus or income of the trust fund may be used or diverted to any purpose other than the exclusive benefit of the members and the beneficiaries of the members.

[Pre-Local Government Recodification Citations: subsection (a) formerly 17-3-14-11 part; subsections (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n) formerly 17-3-14-10 part.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.203-1984, SEC.1; P.L.38-1986, SEC.7; P.L.313-1989, SEC.4; P.L.312-1989, SEC.5; P.L.267-1993, SEC.1; P.L.152-1994, SEC.2; P.L.230-1996, SEC.3; P.L.233-1997, SEC.1; P.L.40-1997, SEC.10; P.L.234-1997, SEC.1; P.L.253-1997(ss), SEC.32; P.L.173-2007, SEC.46.
Ind. Code § 36-9-27.8-3 — Indiana Code / Title 36 / Article 9 / Chapter 27.8 / Section 36-9-27.8-3
"Governing documents"
Status: in_force

Sec. 3. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3.

As added by P.L.139-2018, SEC.2.
Ind. Code § 36-7-11.5-8 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-8
Repealed
Status: repealed

As added by P.L.92-2003, SEC.62. Repealed by P.L.234-2007, SEC.290.
Ind. Code § 36-7.5-2-8 — Indiana Code / Title 36 / Article 7.5 / Chapter 2 / Section 36-7.5-2-8
Public purchasing and public works project laws apply; alternatives; commuter transportation district exercise of development authority's powers and duties
Status: in_force

Sec. 8. (a) Except as provided in subsection (c), the development authority must comply with IC 5-22 (public purchasing), IC 36-1-12 (public work projects), and any applicable federal bidding statutes and regulations. An eligible political subdivision that receives a loan, a grant, or other financial assistance from the development authority or enters into a lease with the development authority must comply with applicable federal, state, and local public purchasing and bidding law and regulations. However, a purchasing agency (as defined in IC 5-22-2-25) of an eligible political subdivision may:

(1) assign or sell a lease for property to the development authority; or

(2) enter into a lease for property with the development authority;

at any price and under any other terms and conditions as may be determined by the eligible political subdivision and the development authority. However, before making an assignment or sale of a lease or entering into a lease under this section that would otherwise be subject to IC 5-22, the eligible political subdivision or its purchasing agent must obtain or cause to be obtained a purchase price for the property to be subject to the lease from the lowest responsible and responsive bidder in accordance with the requirements for the purchase of supplies under IC 5-22.

(b) In addition to the provisions of subsection (a), with respect to projects undertaken by the authority, the authority shall set a goal for participation by minority business enterprises of fifteen percent (15%) and women's business enterprises of five percent (5%), consistent with the goals of delivering the project on time and within the budgeted amount and, insofar as possible, using Indiana businesses for employees, goods, and services. In fulfilling the goal, the authority shall take into account historical precedents in the same market.

(c) As an alternative to IC 36-1-12, the development authority may utilize and may comply with:

(1) IC 5-16;

(2) IC 5-23;

(3) IC 5-30;

(4) IC 5-32; or

(5) any combination of the articles listed in subdivisions (1) through (4) as determined by the development authority as appropriate;

when acquiring, financing, and constructing a public work that is a development project (as defined in IC 36-7.5-4.5-5).

(d) The development authority may:

(1) contract with;

(2) assign to; or

(3) delegate to;

a commuter transportation district to perform any duties and exercise any powers of the development authority under this chapter.

As added by P.L.214-2005, SEC.73. Amended by P.L.252-2015, SEC.48; P.L.189-2018, SEC.167; P.L.10-2019, SEC.136.
Ind. Code § 36-7-36-5 — Indiana Code / Title 36 / Article 7 / Chapter 36 / Section 36-7-36-5
"Vacant real property"
Status: in_force

Sec. 5. As used in this chapter, "vacant real property" means real property that is not being occupied by an owner, tenant, or others authorized by the owner.

As added by P.L.88-2009, SEC.15.
Ind. Code § 36-10-7.5-21 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-21
Land acquisition or appropriation and improvements
Status: in_force

Sec. 21. (a) This section applies only to:

(1) the acquisition of real property; or

(2) a work of improvement;

that will be financed by the issuance of bonds.

(b) If the executive or the fiscal body decides to:

(1) acquire land for any of the purposes prescribed in this chapter, either by purchase or by appropriation, and in conjunction with the acquisition to proceed with a work of improvement authorized by this chapter;

(2) acquire real property without proceeding at the time with a work of improvement; or

(3) proceed with a work of improvement where the real property has been already secured;

the legislative body may adopt a resolution stating the purpose, describing the land to be acquired, the manner of acquisition, and, in the case of an appropriation, the other land that may be injuriously affected, or describing the lands already acquired and intended to be used in connection with the proposed work of improvement.

(c) If a work of improvement is provided for in the resolution, the executive shall have preliminary plans and specifications and an estimate of the cost of the proposed work prepared by the engineer selected to do the work. Before adopting a resolution, the legislative body shall receive or hear remonstrances from persons interested in or affected by the proceedings and on which it will determine the public utility and benefit.

(d) Notice shall be sent by certified mail to each owner of land to be appropriated under the resolution, using the owner's address as shown on the tax duplicates. In addition, notice of the land to be appropriated shall be published in accordance with IC 5-3-1. All persons affected in any manner by the proceedings, including all taxpayers in the township, are considered notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments, and orders of the executive or the legislative body by the original notice of publication.

(e) In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased, to be purchased, or to be appropriated or damaged to give a description of the entire tract by a platted description or by metes and bounds, whether the land is composed of one (1) or more lots or parcels and whether the land is owned by one (1) or more persons. If the land or a part of the land is to be acquired by purchase, the resolution must also state the maximum proposed cost.

(f) The executive may, at any time before the adoption of the resolution:

(1) obtain from the owner of the land an option for the purchase of the land; or

(2) enter into a contract for the purchase of the land upon the terms and conditions that the executive considers best.

The option or contract is subject to the final approval of the legislative body confirming, modifying, or rescinding the option or contract and to the condition that the land may be paid for only out of the special fund resulting from the sale of bonds as provided by this chapter.

(g) If the executive decides to acquire any lots or parcels of land by purchase, the executive shall appoint three (3) qualified appraisers to appraise the value of the land. The appraisers may not be interested directly or indirectly in any land that is to be acquired under the resolution or that may be injured or that may incur local benefits. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. The appraisers shall then view the land, determine the true market value of the land at that time, and report the appraisal in writing. The report shall be filed with and becomes a part of the record of the proceeding.

(h) The executive may not take an option on the land or enter into a contract to purchase the land at a higher price than the value named in the report. The title to land to be acquired under the resolution, whether by purchase or appropriation, does not vest until the land is paid for out of the special fund established by the sale of bonds as provided in this chapter. Any indebtedness or obligation of any kind incurred by the executive due to the acquisition of land or to construction work shall be paid out of the funds under the control of the executive and is not an indebtedness or obligation of the township.

(i) At the time fixed for the hearing or at any time before the hearing, an owner of land to be appropriated under the resolution or injuriously affected or a person owning real or personal property located in the district may file a written remonstrance with the chair of the legislative body.

(j) At the hearing, which may be adjourned from time to time, the legislative body shall hear all persons interested in the proceedings and all remonstrances that have been filed. After considering the evidence, the legislative body shall take final action determining the public utility and benefit of the proposed project by confirming, modifying, or rescinding the resolution. The final action shall be recorded and is final and conclusive upon all persons.

As added by P.L.157-1991, SEC.15. Amended by P.L.127-2017, SEC.387.
Ind. Code § 36-9-27-28 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-28
Drains maintained by certain associations; assumption of jurisdiction by board; procedure
Status: in_force

Sec. 28. (a) A written statement alleging that an association established under Acts 1913, c. 165 for the purpose of maintaining and repairing a drain is not active and is not properly maintaining the drain may be filed with the board by:

(1) members of the association who own fifty-one percent (51%) in area of the land within the jurisdiction of the association; or

(2) fifty-one percent (51%) of the members of the association.

When the statement is filed, the board may notify the association of its intention to declare the drain to be subject to this chapter.

(b) The notice must fix a date, time, and place for a hearing on the matter, and shall be:

(1) served personally or by registered mail upon any director or officer of the association who did not sign the statement filed with the board; or

(2) published in accordance with IC 5-3-1, if such a director or officer cannot be found.

(c) On or before the date of the hearing, any member of the association may file written evidence with the board.

(d) If the board finds that the allegations in the statement are true, it shall issue an order declaring the drain to be a regulated drain that is subject to this chapter. The finding and order shall be marked filed and shall be announced publicly at the hearing. The board shall then publish a notice setting forth its order in accordance with IC 5-3-1. Judicial review of the order under section 106 of this chapter may be requested by any member of the association within twenty (20) days after publication of the notice. The drain becomes subject to this chapter when the order becomes final and conclusive.

(e) If the board finds that the allegations in the statement are not true, it shall dismiss the proceedings.

[Pre-Local Government Recodification Citation: 19-4-5-6 part.]

As added by Acts 1981, P.L.309, SEC.101. Amended by Acts 1981, P.L.45, SEC.74.
Ind. Code § 36-7-15.1-16 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-16
Special tax on property in redevelopment district
Status: in_force

Sec. 16. (a) For the purpose of raising money to carry out this chapter or IC 36-7-15.3, the city-county legislative body may levy each year a special tax upon all property in the redevelopment district. The tax so levied each year shall be certified to the fiscal officers of the city and the county before November 1 of each year. The tax shall be estimated and entered upon the tax duplicates by the county auditor, and shall be collected and enforced by the county treasurer in the same manner as state and county taxes are estimated, entered, collected, and enforced.

(b) As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the redevelopment district fund and shall be expended and applied only for the purposes of this chapter or IC 36-7-15.3.

(c) The amount of the special tax levy shall be based on the budget of the department but may not exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of taxable valuation in the redevelopment district, except as otherwise provided in this chapter.

(d) The budgets and tax levies under this chapter are subject to review and modification in the manner prescribed by IC 36-3-6.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.84-1987, SEC.7; P.L.2-1989, SEC.32; P.L.6-1997, SEC.211; P.L.146-2008, SEC.750; P.L.137-2012, SEC.120.
Ind. Code § 36-10-16-14 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-14
"Reservation site"
Status: in_force

Sec. 14. As used in this chapter, "reservation site" means the trust and reservation lands acquired under section 6 of the Act to Restore Federal Services to the Pokagon Band of Potawatomi Indians, P.L.103-323, Sept. 21, 1994, 108 Stat. 2154.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-7-15.1-10 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-10
Notice and hearing on resolution; filing remonstrance; final action taken by commission
Status: in_force

Sec. 10. (a) After approval by the commission and the legislative body of the consolidated city under section 9 of this chapter, the commission shall publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1. The notice must:

(1) state that maps, plats, or maps and plats have been prepared and can be inspected at the office of the department; and

(2) name a date when the commission will:

(A) receive and hear remonstrances and other testimony from persons interested in or affected by the proceeding pertaining to the proposed project or other actions to be taken under the resolution; and

(B) determine the public utility and benefit of the proposed project or other actions.

All persons affected in any manner by the hearing, including all taxpayers of the redevelopment district, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the commission by the notice given under this section.

(b) A copy of the notice of the hearing on the resolution shall be filed in the office of the commission, board of zoning appeals, works board, park board, and any other departments, bodies, or officers of the consolidated city having to do with planning, variances from zoning ordinances, land use, or the issuance of building permits. These agencies and officers shall take notice of the pendency of the hearing, and until the commission confirms, modifies and confirms, or rescinds the resolution, or the confirmation of the resolution is set aside on appeal, they may not, without approval of the commission:

(1) authorize any construction on property or sewers in the area described in the resolution, including substantial modifications, rebuilding, conversion, enlargement, additions, and major structural improvements; or

(2) take any action regarding the zoning or rezoning of property, or the opening, closing, or improvement of public ways in the area described in the resolution.

This subsection does not prohibit the granting of permits for ordinary maintenance or minor remodeling, or for changes necessary for the continued occupancy of buildings in the area.

(c) If the resolution to be considered at the hearing includes a provision establishing or amending an allocation provision under section 26 of this chapter, the commission shall file the following information with each taxing unit that is wholly or partly located within the allocation area:

(1) A copy of the notice required by subsection (a).

(2) A statement disclosing the impact of the allocation area, including the following:

(A) The estimated economic benefits and costs incurred by the allocation area, as measured by increased employment and anticipated growth of real property assessed values.

(B) The anticipated impact on tax revenues of each taxing unit.

The commission shall file the information required by this subsection with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) days before the date of the hearing.

(d) At the hearing, which may be adjourned from time to time, the commission shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the commission shall take final action determining the public utility and benefit of the proposed project or other actions to be taken under the resolution, and confirming, modifying and confirming, or rescinding the resolution. The final action taken by the commission shall be recorded and is final and conclusive, except that an appeal may be taken under section 11 of this chapter.

(e) If the commission adopts the resolution and the resolution includes a provision establishing or amending an allocation provision under section 26 of this chapter, the commission shall file a copy of the resolution with both the auditor of the county in which the unit is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the commission takes final action on the resolution.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.38-1988, SEC.13; P.L.14-1991, SEC.16; P.L.25-1995, SEC.88; P.L.146-2008, SEC.747; P.L.214-2019, SEC.38; P.L.257-2019, SEC.125.
Ind. Code § 36-7-14-56 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-56
Residential housing development program; allocation area
Status: in_force

Sec. 56. (a) This section applies only to a residential housing development program authorized by section 53 of this chapter.

(b) Notwithstanding section 39(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the purposes of a residential housing development program adopted under section 53 of this chapter, "base assessed value" means the net assessed value of all of the property, other than personal property, as finally determined for the assessment date immediately preceding the effective date of the allocation provision, as adjusted under section 39(h) of this chapter.

(c) The allocation fund established under section 39(b) of this chapter for the allocation area for a residential housing development program adopted under section 53 of this chapter may be used only for purposes related to the accomplishment of the purposes of the program, including, but not limited to, the following:

(1) The construction of any infrastructure (including streets, roads, and sidewalks) or local public improvements in, serving, or benefiting a residential housing development project.

(2) The acquisition of real property and interests in real property for rehabilitation purposes within the allocation area.

(3) The preparation of real property in anticipation of development of the real property within the allocation area.

(4) To do any of the following:

(A) Pay the principal of and interest on bonds or any other obligations payable from allocated tax proceeds in the allocation area that are incurred by the redevelopment district for the purpose of financing or refinancing the residential housing development program established under section 53 of this chapter for the allocation area.

(B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in the allocation area.

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in the allocation area and from the special tax levied under section 27 of this chapter.

(D) Pay the principal of and interest on bonds issued by the unit to pay for local public improvements that are physically located in or physically connected to the allocation area.

(E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in the allocation area.

(F) Make payments on leases payable from allocated tax proceeds in the allocation area under section 25.2 of this chapter.

(G) Reimburse the unit for expenditures made by the unit for local public improvements (which include buildings, parking facilities, and other items described in section 25.1(a) of this chapter) that are physically located in or physically connected to the allocation area.

(d) Notwithstanding section 39(b) of this chapter, the commission shall, relative to the allocation fund established under section 39(b) of this chapter for an allocation area for a residential housing development program adopted under section 53 of this chapter, do the following before June 15 of each year:

(1) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area, will exceed the amount of assessed value needed to produce the property taxes necessary to:

(A) make the distribution required under section 39(b)(2) and 39(b)(3) of this chapter;

(B) make, when due, principal and interest payments on bonds described in section 39(b)(4) of this chapter;

(C) pay the amount necessary for other purposes described in section 39(b)(4) of this chapter; and

(D) reimburse the county or municipality for anticipated expenditures described in subsection (c)(2).

(2) Provide a written notice to the county auditor, the fiscal body of the county or municipality that established the department of redevelopment, the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that are wholly or partly located within the allocation area, and (in an electronic format) the department of local government finance. The notice must:

(A) state the amount, if any, of excess property taxes that the commission has determined may be paid to the respective taxing units in the manner prescribed in section 39(b)(1) of this chapter; or

(B) state that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission.

(e) If the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds:

(1) necessary to make, when due, principal and interest payments on bonds described in section 39(b)(4) of this chapter; plus

(2) the amount necessary for other purposes described in section 39(b)(4) of this chapter;

the commission shall submit to the county or municipal legislative body its determination of the excess assessed value that the commission proposes to allocate to the respective taxing units in the manner prescribed in subsection (d)(2). The county or municipal legislative body may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subsection (d)(2).

(f) An allocation area must terminate on the date the residential housing development program is terminated as set forth in section 53(e) of this chapter.

As added by P.L.235-2019, SEC.5. Amended by P.L.236-2023, SEC.183.
Ind. Code § 36-2-17-17 — Indiana Code / Title 36 / Article 2 / Chapter 17 / Section 36-2-17-17
Electronic storage medium; retrieved information as evidence of official record; data processing system; duties of recorder
Status: in_force

Sec. 17. (a) As used in this section:

"Book" means a book, register, index, or file that the law requires a county recorder to maintain.

"Electronic storage medium" means a magnetic tape, card, diskette, disk, or other medium on which data may be entered and retained and from which data may be retrieved by the operation of an electronic data processing system.

"Recorded information" means information in any written matter, such as a record, document, plat, or paper, that the law requires a recorder to enter into a book.

(b) The county recorder may substitute an electronic storage medium for any book. For the purposes of admissibility into evidence, printouts or other types of information retrieved from an electronic storage medium in written form shall be treated as an official record in all courts and administrative agencies.

(c) When the recorder substitutes an electronic storage medium for a book, the recorder shall operate a data processing system that during normal business hours allows:

(1) retrieval of recorded information by reference to the same identification number assigned to the written matter that has been recorded, the written matter's date of recording, the name of affected parties, the legal description of affected real property (if any), and any other category of information that the law requires the recorder to maintain in a related index or file; and

(2) reproduction of recorded information in written form.

(d) The recorder shall enter the identification number assigned by the recorder to a recorded matter with the related recorded information being entered into the electronic storage medium. The recorder shall verify the correctness of all recorded information entered into the electronic storage medium and assign security access codes to it that will protect it from alteration. An original of recorded matter may not be returned to the person submitting it before certification and security coding occur.

(e) At intervals determined by the recorder, the recorder shall duplicate the data on an electronic storage medium containing recorded information and permanently store one (1) copy outside the office of the recorder in a secure location that is designated by the county executive and under the exclusive custody and control of the recorder. If either copy is lost or damaged, the recorder may use the other copy to perform his duties.

As added by P.L.193-1984, SEC.1.
Ind. Code § 36-7-39-2 — Indiana Code / Title 36 / Article 7 / Chapter 39 / Section 36-7-39-2
"Development area"
Status: in_force

Sec. 2. As used in this chapter, "development area" means the area consisting of the following counties:

(1) Adams County.

(2) Allen County.

(3) DeKalb County.

(4) Huntington County.

(5) Kosciusko County.

(6) LaGrange County.

(7) Noble County.

(8) Steuben County.

(9) Wabash County.

(10) Wells County.

(11) Whitley County.

As added by P.L.58-2021, SEC.1.
Ind. Code § 36-8-25.5-3 — Indiana Code / Title 36 / Article 8 / Chapter 25.5 / Section 36-8-25.5-3
Executive board
Status: in_force

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

Sec. 3. (a) The task force executive board is established to oversee and direct the operations of the task force.

(b) The executive board consists of:

(1) the chief of police of the Indianapolis metropolitan police department or the chief's designee, who serves as the chairperson of the executive board;

(2) the superintendent of the Indiana state police department or the superintendent's designee, who serves as the vice chairperson of the executive board; and

(3) a sheriff or chief of police from each department in the task force area which has assigned an officer to the task force.

(c) The executive board shall hold meetings at the call of the chairperson. The executive board may establish rules governing meetings.

(d) Seven (7) executive board members constitute a quorum for the transaction of business. Each member has one (1) vote, and action by the executive board may be taken only upon the affirmative votes of the majority of attending members. If a vote is a tie, the position for which the chairperson voted prevails, as long as that position has received the affirmative votes of at least four (4) members.

(e) A member of the executive board is not entitled to:

(1) the minimum salary per diem provided by IC 4-10-11-2.1(b); or

(2) reimbursement for traveling and other expenses as provided under IC 4-13-1-4.

As added by P.L.217-2021, SEC.2. Amended by P.L.16-2025, SEC.2.
Ind. Code § 36-2-2.9-13 — Indiana Code / Title 36 / Article 2 / Chapter 2.9 / Section 36-2-2.9-13
Submission of executed contract to county auditor
Status: in_force

Sec. 13. (a) A county officer must submit the contract to the county auditor not more than ten (10) days after the contract is executed.

(b) A contract that is executed by a county officer:

(1) under section 12(b)(2) of this chapter; and

(2) submitted to the county auditor more than ten (10) days after execution;

is voidable by the county executive.

As added by P.L.139-2024, SEC.2. Amended by P.L.1-2025, SEC.234.
Ind. Code § 36-9-38-9 — Indiana Code / Title 36 / Article 9 / Chapter 38 / Section 36-9-38-9
Association established under IC 36-9-38-8; articles of association; filing and recording; powers
Status: in_force

Sec. 9. (a) The persons establishing an association under section 8 of this chapter must sign and acknowledge written articles of association specifying the following:

(1) The name of the association.

(2) The purposes of the association, which must be limited to the purposes of this chapter.

(3) The names and addresses of the initial members.

(4) The principal office of the association.

(5) The name of the agent for purposes of communications and service of process.

(6) The term of existence of the association, which may be perpetual.

(7) The number of directors, which may not be less than three (3) or more than eleven (11).

(8) The amount of any membership fee and any annual dues.

(9) The area affected by any proposed improvements included within the purposes of the association.

(10) The square footage of the area affected by the proposed improvement.

(11) The square footage of the area affected by the proposed improvement included within the association.

(12) Any other provisions that the initial members consider desirable and that are not inconsistent with this chapter.

(b) The association shall file a copy of the articles of association, signed and acknowledged by all of the initial members, with the works board of the municipality in which the affected area is located. A copy of the articles of association shall be recorded in the office of the recorder of the county within which the area is located.

(c) An association formed under this chapter (or under IC 36-9-20 before its repeal in 1993) is a nonprofit corporate body and may do the following:

(1) Enter into contracts.

(2) Hold, convey, and transfer property.

(3) Sue and be sued.

As added by P.L.98-1993, SEC.9.
Ind. Code § 36-4-6-24 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-24
Attorneys and legal research assistants
Status: in_force

Sec. 24. (a) The legislative body may hire or contract with competent attorneys and legal research assistants on terms it considers appropriate.

(b) Employment of an attorney under this section does not affect the city department of law established under IC 36-4-9.

(c) Appropriations for salaries of attorneys and legal research assistants employed under this section may not exceed the appropriations for similar salaries in the budget of the city department of law.

[Pre-Local Government Recodification Citation: 18-2-3.5-1.]

As added by Acts 1980, P.L.212, SEC.3.
Ind. Code § 36-7.5-4.5-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 4.5 / Section 36-7.5-4.5-4
"Department"
Status: in_force

Sec. 4. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.248-2017, SEC.10.
Ind. Code § 36-7-4-708 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-708
Subdivision control; primary approval or disapproval of plat; appeal to plan commission; procedure; review
Status: in_force

Sec. 708. (a) An applicant or other interested party may appeal to the plan commission the primary approval or disapproval of a plat, or the imposition of a condition on primary approval by the plat committee, in accordance with section 402(d) of this chapter. However, if the plat committee grants primary approval for the subdivision of land without public notice and hearing under section 701(d) of this chapter, an interested party may appeal the approval to the plan commission by filing a notice of appeal with the plan commission not more than five (5) days after a copy of the plat committee's action is mailed to the interested party. Notice shall be given and a hearing held by the commission in the same manner as in the case of the plat committee.

(b) The commission has the same power as the plat committee to approve, disapprove, or impose conditions on the approval of plats.

(c) The primary approval by the commission of a plat must be certified on behalf of the commission by an official designated in the subdivision control ordinance.

[Pre-Local Government Recodification Citations: 18-7-2-52 part; 18-7-4-708; 18-7-4-58 part; 18-7-5-50 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1982, P.L.211, SEC.12; P.L.320-1995, SEC.11; P.L.126-2011, SEC.19.
Ind. Code § 36-1-10-7 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-7
Lease of a structure, transportation system, or system by a political subdivision other than a school corporation
Status: in_force

Sec. 7. (a) As used in this section, "threshold amount" means two hundred fifty thousand dollars ($250,000).

(b) This section does not apply if the total annual cost of the lease is less than the threshold amount.

(c) A leasing agent for a political subdivision, other than a school corporation, may not lease a structure, transportation project, or system unless:

(1) the leasing agent receives a petition signed by fifty (50) or more taxpayers of the political subdivision or agency; and

(2) the fiscal body of the political subdivision determines, after investigation, that the structure, transportation project, or system is needed.

[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.330-1985, SEC.2; P.L.37-1988, SEC.12; P.L.343-1989(ss), SEC.15; P.L.233-2015, SEC.329; P.L.257-2019, SEC.95.
Ind. Code § 36-1-20.2-2 — Indiana Code / Title 36 / Article 1 / Chapter 20.2 / Section 36-1-20.2-2
Individuals employed on July 1, 2012
Status: in_force

Sec. 2. An individual who is employed by a unit on July 1, 2012, is not subject to this chapter unless the individual has a break in employment with the unit. The following are not considered a break in employment with the unit:

(1) The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick, or family medical leave, or worker's compensation.

(2) The individual's employment with the unit is terminated followed by immediate reemployment by the unit, without loss of payroll time.

As added by P.L.135-2012, SEC.7.
Ind. Code § 36-7-4-715 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-715
Final decisions of plan commission subject to review
Status: in_force

Sec. 715. (a) The following are final decisions of the plan commission that may be reviewed as provided by section 1016 of this chapter:

(1) Primary approval or disapproval of a plat.

(2) Imposition of a condition on primary approval of a plat.

(3) Approval or disapproval of the vacation of all or part of a plat.

(4) Approval or disapproval of the vacation of any recorded covenants filed with the plat.

(5) Imposition of a condition on approval of the vacation of all or part of a plat (which may include the vacation of any recorded covenants filed with the plat).

(b) The plan commission may adopt a rule to limit further consideration for up to one (1) year after its disapproval, of a plat or vacation request that is disapproved under section 707, 708, 711, 712, or 714 of this chapter.

As added by P.L.126-2011, SEC.25.
Ind. Code § 36-8-7.5-13 — Indiana Code / Title 36 / Article 8 / Chapter 7.5 / Section 36-8-7.5-13
Disability retirement; benefits; procedure for determination of disability and reinstatement; period of disability credited
Status: in_force

Sec. 13. (a) For a member who becomes disabled before July 1, 2000, the 1953 fund shall be used to pay a pension in an annual sum equal to:

(1) fifty percent (50%) for a disease or disability occurring before July 1, 1991; and

(2) fifty-five percent (55%) for a disease or disability occurring after June 30, 1991;

of the salary of a first class patrolman in the police department, computed and payable as prescribed by section 12(b) of this chapter, to an active member of the police department who has been in active service for more than one (1) year and who has suffered or contracted a mental or physical disease or disability that renders the member permanently unfit for active duty in the police department, or to an active member of the police department who has been in active service for less than one (1) year who has suffered or received personal injury from violent external causes while in the actual discharge of the member's duties as a police officer. The pensions provided for in this subsection shall be paid only so long as the member of the police department remains unfit for active duty in the police department.

(b) For a member who becomes disabled after June 30, 2000, the 1953 fund shall be used to pay a pension in an annual sum equal to fifty-five percent (55%) of the salary of a first class patrolman in the police department, computed on an annual basis and payable in twelve (12) equal monthly installments, to an active member of the police department who:

(1) has suffered or incurred a disability that renders the member permanently unfit for active duty in the police department and that is:

(A) the direct result of:

(i) a personal injury that occurs while the fund member is on duty;

(ii) a personal injury that occurs while the fund member is off duty and is responding to an offense or a reported offense; or

(iii) an occupational disease (as defined in IC 22-3-7-10), including a duty related disease that is also included within clause (B);

(B) a duty related disease (for purposes of this section, a "duty related disease" means a disease arising out of the fund member's employment. A disease is 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

(C) a disability presumed incurred in the line of duty under IC 5-10-13 or IC 5-10-15; and

(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

The pensions provided for in this subsection shall be paid only so long as the member of the police department remains unfit for active duty in the police department. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(c) For a member who becomes disabled after June 30, 2000, the 1953 fund shall be used to pay a pension in an annual sum equal to fifty-five percent (55%) of the salary of a first class patrolman in the police department, computed on an annual basis and payable in twelve (12) equal monthly installments, to an active member of the police department who has been in active service for at least one (1) year and:

(1) has suffered or incurred a disability that:

(A) renders the member permanently unfit for active duty in the police department; and

(B) is not described in subsection (b)(1); and

(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

The pension provided in this subsection shall be paid only so long as the member of the police department remains unfit for active duty in the police department. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(d) For a member who became disabled before July 1, 2000, the 1953 fund shall be used to pay temporary benefits in an annual sum equal to thirty percent (30%) of the salary of a first class patrolman in the police department, computed and payable as prescribed by section 12(a) of this chapter, to an active member of the police department who has been in active service for more than one (1) year and who has suffered any physical or mental disability that renders the member temporarily or permanently unable to perform the member's duties as a member of the police department, or to an active member of the police department who has been in active service for less than one (1) year and who has suffered or received personal injury from violent external causes while in the actual discharge of the member's duties as a police officer, until the time the member is physically and mentally able to return to active service on the police department.

(e) For a member who becomes disabled after June 30, 2000, the 1953 fund shall be used to pay a pension in an annual sum equal to thirty percent (30%) of the salary of a first class patrolman in the police department, computed on an annual basis and payable in twelve (12) equal monthly installments, to an active member of the police department who:

(1) suffers or incurs a disability that renders the member temporarily unfit for active duty in the police department and that is:

(A) the direct result of:

(i) a personal injury that occurs while the fund member is on duty;

(ii) a personal injury that occurs while the fund member is off duty and is responding to an offense or a reported offense, in the case of a police officer; or

(iii) an occupational disease (as defined in IC 22-3-7-10), including a duty related disease that is also included within clause (B);

(B) a duty related disease (for purposes of this section, a "duty related disease" means a disease arising out of the fund member's employment. A disease is 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

(C) a disability presumed incurred in the line of duty under IC 5-10-13 or IC 5-10-15; and

(2) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

The pension provided in this subsection shall be paid only so long as the member of the police department remains unfit for active duty in the police department. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(f) For a member who becomes disabled after June 30, 2000, the 1953 fund shall be used to pay temporary benefits in an annual sum equal to thirty percent (30%) of the salary of a first class patrolman in the police department, computed on an annual basis and payable in twelve (12) equal monthly installments, to an active member of the police department:

(1) who has been in active service for at least one (1) year;

(2) suffers or incurs a disability that:

(A) renders the member temporarily unfit for active duty in the police department; and

(B) is not described in subsection (e)(1); and

(3) is unable to perform the essential functions of the job, considering reasonable accommodation to the extent required by the Americans with Disabilities Act.

The pension provided for in this subsection shall be paid only so long as the member of the police department remains unfit for active duty in the police department. If the salary of a first class patrolman is increased or decreased, the pension payable shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(g) If an application is made by an active member of the police department because of physical or mental disability for temporary benefits as provided in subsection (d), (e), or (f), the benefit is not payable until the local board determines after a hearing conducted under IC 36-8-8-12.7 that the member is unfit for active duty on the police department, considering reasonable accommodation to the extent required by the Americans with Disabilities Act. Before the hearing, a physician to be appointed by the local board shall examine the member and certify in writing whether in the physician's opinion the member is unfit, physically or mentally, for active duty in the police department. After the pension or benefit has been granted by the local board, the payment commences with the original date of the injury or illness causing the disability.

(h) A member who has been granted a disability benefit under this section and who fails or refuses to submit to a physical examination at any time by the local board physician has no right in the future to receive the disability benefit, and any benefit that has been granted shall be immediately canceled by the local board.

(i) The local board may, from time to time, require a member of the police department who is receiving at any time disability benefits or pensions as provided in this section to be examined by the physician appointed by the local board. After the examination, the local board shall conduct a hearing under IC 36-8-8-12.7 to determine whether the disability still exists and whether the member should continue to receive the pension or benefit. If after the examination and hearing the member is found to have recovered from the member's disability and is fit for active duty on the police department, then upon written notice to the member by the local board, the member shall be reinstated in active service, the safety board shall be informed of the action of the local board, and from that time the member is no longer entitled to payments from the 1953 fund. If the member fails or refuses to return to active duty after ordered by the local board, the member ceases to be a member of the 1953 fund and waives all rights to any further pensions or benefits provided by the 1953 fund.

(j) Notwithstanding any other provision of this chapter, no disability benefit may be paid for any disability based upon or caused by any mental or physical condition that a member had at the time the member entered or reentered the member's active service in the police department.

(k) If a member who is receiving disability benefits under subsection (a), (b), or (c) for a disease or disability occurring after June 30, 1991, is transferred from disability to regular retirement status, the member's monthly pension may not be reduced below fifty-five percent (55%) of the salary of a first class patrolman at the time of payment of the pension.

(l) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material compiled to determine the existence of a disability shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

(m) A fund member who is receiving disability benefits under subsection (d) or (f) shall be transferred from disability to regular retirement status when the member becomes fifty-five (55) years of age.

(n) A fund member who is receiving disability benefits under subsection (e) is entitled to:

(1) receive a disability benefit for the remainder of the fund member's life; and

(2) have the amount of the disability benefit computed under section 12 of this chapter when the fund member becomes fifty-five (55) years of age.

As added by Acts 1982, P.L.77, SEC.9. Amended by P.L.311-1989, SEC.5; P.L.226-1991, SEC.1; P.L.4-1992, SEC.42; P.L.118-2000, SEC.17; P.L.246-2001, SEC.15; P.L.185-2002, SEC.9; P.L.62-2006, SEC.5.
Ind. Code § 36-8-6-9.9 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-9.9
Repealed
Status: repealed

As added by P.L.50-1984, SEC.10. Repealed by P.L.200-1984, SEC.7.
Ind. Code § 36-7-4-1338 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1338
Impact fee review board; membership; powers and duties
Status: in_force

Sec. 1338. (a) Each unit that adopts an impact fee ordinance shall establish an impact fee review board consisting of three (3) citizen members appointed by the executive of the unit. A member of the board may not be a member of the plan commission. An impact fee ordinance must do the following:

(1) Set the terms the members shall serve on the board.

(2) Establish a procedure through which the unit's executive shall appoint a temporary replacement member meeting the qualifications of the member being replaced in the case of conflict of interest.

(b) An impact fee review board must consist of the following members:

(1) One (1) member who is a real estate broker licensed in Indiana.

(2) One (1) member who is an engineer licensed in Indiana.

(3) One (1) member who is a certified public accountant.

(c) An impact fee review board shall review the amount of an impact fee assessed, the amount of a refund, and the amount of a credit using the following procedures:

(1) The board shall fix a reasonable time for the hearing of appeals.

(2) At a hearing, each party may appear and present evidence in person, by agent, or by attorney.

(3) A person may not communicate with a member of the board before the hearing with intent to influence the member's action on a matter pending before the board.

(4) The board may reverse, affirm, modify, or otherwise establish the amount of an impact fee, a credit, a refund, or any combination of fees, credits, or refunds. For purposes of this subdivision, the board has all the powers of the official of the unit from which the appeal is taken.

(5) The board shall decide a matter that the board is required to hear:

(A) at the hearing at which the matter is first presented; or

(B) at the conclusion of the hearing on the matter, if the matter is continued.

(6) Within five (5) days after making a decision, the board shall provide a copy of the decision to the unit and the fee payer involved in the appeal.

(7) The board shall make written findings of fact to support the board's decision.

As added by P.L.221-1991, SEC.39.
Ind. Code § 36-7-13-12.3 — Indiana Code / Title 36 / Article 7 / Chapter 13 / Section 36-7-13-12.3
Designation of districts after 2010; requirements
Status: in_force

Sec. 12.3. (a) Notwithstanding any other provision of this chapter, the designation of any district after December 31, 2010, is subject to the requirements of this section.

(b) An advisory commission on industrial development may not designate a district under section 12 or 12.1 of this chapter unless the advisory commission makes the following findings of fact:

(1) That the county or municipality applying for the designation satisfies each of the following requirements:

(A) That, as reported by the Indiana Real Estate Markets Report, the average selling price of homes located in the county or municipality has declined by at least fourteen percent (14%) over a one (1) year period occurring within the four (4) calendar years preceding the calendar year in which the application of the county or municipality is filed with the advisory commission on industrial development.

(B) That, as reported by the Indiana department of workforce development, the unemployment rate of the county or municipality was at least ten and four-tenths percent (10.4%) for any calendar month occurring in the calendar year preceding the calendar year in which the application of the county or municipality is filed with the advisory commission on industrial development.

(2) That the proposed district contains a site that is suitable for revitalization under this chapter and satisfies the following requirements:

(A) The site contains a vacated industrial building consisting of at least one million three hundred thousand (1,300,000) square feet of space.

(B) The vacated industrial building described by clause (A) contains at least eighty thousand (80,000) square feet of office space.

(C) The site contains a reinforced concrete pad suitable for expanding the vacated industrial building by at least two hundred thousand (200,000) square feet.

(D) The site is serviced by a water treatment facility capable of treating all of the effluent discharged from the site.

(E) The site consists of at least one hundred twenty (120) acres of land.

(c) The legislative body of a county or municipality may not adopt an ordinance designating a district under section 10.5 of this chapter unless the legislative body makes the following findings of fact:

(1) That the county or municipality governed by the legislative body satisfies each of the following requirements:

(A) That, as reported by the Indiana Real Estate Markets Report, the average selling price of homes located in the county or municipality has declined by at least fourteen percent (14%) over a one (1) year period occurring within the four (4) calendar years preceding the calendar year in which the proposed ordinance is adopted.

(B) That, as reported by the Indiana department of workforce development, the unemployment rate of the county or municipality was at least ten and four-tenths percent (10.4%) for any calendar month occurring in the calendar year preceding the calendar year in which the proposed ordinance is adopted.

(2) That the proposed district contains a site that is suitable for revitalization under this chapter and satisfies the following requirements:

(A) The site contains a vacated industrial building consisting of at least one million three hundred thousand (1,300,000) square feet of space.

(B) The vacated industrial building described by clause (A) contains at least eighty thousand (80,000) square feet of office space.

(C) The site contains a reinforced concrete pad suitable for expanding the vacated industrial building by at least two hundred thousand (200,000) square feet.

(D) The site is serviced by a water treatment facility capable of treating all of the effluent discharged from the site.

(E) The site consists of at least one hundred twenty (120) acres of land.

(d) An advisory commission on industrial development or a legislative body that designates a district under this chapter shall include a copy of the findings made under subsection (b) or (c) when sending a copy of the resolution or ordinance designating the district to the budget agency for its approval.

(e) The budget agency may not approve the designation of a district until the budget agency confirms the findings of fact submitted under this section. If a resolution or ordinance is submitted to the budget agency without the findings of fact required by this section, the time in which the budget agency must take action on the resolution or ordinance as set forth in sections 10.5, 12, and 12.1 of this chapter is tolled until the findings of fact are submitted to the budget agency.

As added by P.L.172-2011, SEC.144.
Ind. Code § 36-5-1.1-11 — Indiana Code / Title 36 / Article 5 / Chapter 1.1 / Section 36-5-1.1-11
Limitation
Status: in_force

Sec. 11. If a dissolution proceeding under this chapter is unsuccessful, the person seeking dissolution may not attempt a new proceeding under this chapter or IC 36-5-1 for at least one (1) year following the hearing under section 3 or 10.5 of this chapter or the election under section 10.6 of this chapter.

As added by P.L.342-1987, SEC.2. Amended by P.L.5-1989, SEC.114; P.L.4-1991, SEC.145.
Ind. Code § 36-9-11-4 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-4
Surveys and studies; submission of recommendations to safety board and legislative body
Status: in_force

Sec. 4. (a) From time to time the municipality shall make or cause to be made surveys and studies necessary to determine the need for and proper location of parking facilities, giving due consideration to:

(1) the free and safe movement of traffic;

(2) the terminal points and concentration of traffic; and

(3) the adequacy of privately owned parking lots or structures.

(b) This subsection applies only to cities. On the basis of the surveys and studies, recommendations shall be made to the safety board and the legislative body concerning the general location, size, and character of, and probable cost of acquiring and developing, needed parking facilities. The safety board shall consider the recommendations and, if it rejects them, shall state its objections in writing and refer the recommendations back to the persons making them. If the safety board approves the recommendations, it shall adopt a resolution to that effect and submit the recommendations to the legislative body for acceptance or rejection. If the legislative body rejects the recommendations, it shall adopt a resolution stating its objections and refer the recommendations back to the persons making them. If the legislative body approves the recommendations, it shall adopt a resolution to that effect. Upon approval of the recommendations by the legislative body, the city works board may proceed as provided by this chapter, and shall proceed in accordance with the legislative body's direction.

(c) This subsection applies only to towns. If, on the basis of the surveys and studies, the legislative body finds that there is a need for parking facilities of any kind, it shall adopt a resolution to that effect.

[Pre-Local Government Recodification Citations: 19-5-11-4; 19-5-13-5.]

As added by Acts 1981, P.L.309, SEC.84.
Ind. Code § 36-7-4-609 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-609
Zoning ordinances; vote required for action by legislative body; veto of city ordinances
Status: in_force

Sec. 609. (a) ADVISORY. A legislative body may take action under section 606.5, 607.5, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body.

(b) AREA. A legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least a majority of all the elected members of the body.

(c) METRO. The legislative body may take action under section 606, 607, or 608 of this chapter only by a vote of at least three-fifths (3/5) of all the elected members of the body.

(d) AREA. Each city shall determine whether its zoning ordinances will be subject to veto by the executive of the city. If the city legislative body, by general ordinance, so provides, then each zoning ordinance adopted by that city under section 606, 607, or 608 of this chapter may be vetoed by the executive of the city. The executive must exercise the veto:

(1) in a case in which the legislative body adopts (as certified) the proposal, within ten (10) days after the legislative body acts;

(2) in a case in which the legislative body amends the proposal and the plan commission approves the amendment or fails to act, within fifty-five (55) days after the proposal is returned to the plan commission for its consideration;

(3) in a case in which the legislative body amends the proposal and confirms its original amendment by another vote, within ten (10) days after the legislative body confirms its original amendment; or

(4) in a case in which the proposal is to take effect because of the legislative body's failure to act within a period of days, within ten (10) days after the expiration of that period.

(e) ADVISORY. Each city shall determine whether its zoning ordinances will be subject to veto by the executive of the city. If the city legislative body, by general ordinance, so provides, then each zoning ordinance adopted by that city under section 606.5, 607.5, or 608 of this chapter may be vetoed by the executive of the city. The executive must exercise the veto according to the following:

(1) If the legislative body adopts a proposal under section 606.5 or 607.5 of this chapter, the executive must exercise the veto within ten (10) days after the legislative body acts.

(2) If the legislative body adopts an ordinance under section 608 of this chapter, the executive must exercise the veto:

(A) in a case in which the legislative body adopts (as certified) the proposal, within ten (10) days after the legislative body acts;

(B) in a case in which the legislative body amends the proposal and the plan commission approves the amendment or fails to act, within fifty-five (55) days after the proposal is returned to the plan commission for its consideration;

(C) in a case in which the legislative body amends the proposal and confirms its original amendment by another vote, within ten (10) days after the legislative body confirms its original amendment; or

(D) in a case in which the proposal is to take effect because of the legislative body's failure to act within a period of days, within ten (10) days after the expiration of that period.

(f) If a city zoning ordinance is not vetoed under subsection (d) or (e), it takes effect without any action being taken by the executive of the city.

(g) ADVISORY─AREA. If a city zoning ordinance is vetoed under subsection (d) or (e), it is defeated unless the city legislative body, at its first regular or special meeting after receiving the veto message, passes the ordinance over the veto by a two-thirds (2/3) vote.

[Pre-Local Government Recodification Citations: 18-7-4-609; 18-7-4-53 part; 18-7-5-67 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.34; P.L.335-1985, SEC.23; P.L.223-2025, SEC.12.
Ind. Code § 36-8-4.7-1 — Indiana Code / Title 36 / Article 8 / Chapter 4.7 / Section 36-8-4.7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies after June 30, 2016, to an appointing authority of a police department or a fire department.

As added by P.L.115-2016, SEC.3.
Ind. Code § 36-2-1-3 — Indiana Code / Title 36 / Article 2 / Chapter 1 / Section 36-2-1-3
Order declaring boundaries to be changed; effect
Status: in_force

Sec. 3. An order made under section 2(e) of this chapter operates to transfer the detached territory, and all persons and property in that territory, to the jurisdiction of the county to which it is attached for all judicial purposes, either civil or criminal.

[Pre-Local Government Recodification Citation: 17-1-12-3.]

As added by Acts 1980, P.L.212, SEC.1.
Ind. Code § 36-8-10.7-5 — Indiana Code / Title 36 / Article 8 / Chapter 10.7 / Section 36-8-10.7-5
"Testing"
Status: in_force

Sec. 5. As used in this chapter, "testing" includes:

(1) calibration testing;

(2) conformance testing; and

(3) fixed and mobile system testing.

As added by P.L.22-2020, SEC.1.
Ind. Code § 36-2-9.5-1 — Indiana Code / Title 36 / Article 2 / Chapter 9.5 / Section 36-2-9.5-1
Applicability
Status: in_force

Sec. 1. This chapter applies to a county having a consolidated city.

As added by P.L.227-2005, SEC.16.
Ind. Code § 36-9-27-68 — Indiana Code / Title 36 / Article 9 / Chapter 27 / Section 36-9-27-68
Urban drains; duties of county surveyor
Status: in_force

Sec. 68. The county surveyor shall perform the following duties with respect to all urban drains within the county surveyor's jurisdiction:

(1) Prepare and make available to the public design standards of rainfall intensity and frequency for urban land, design standards of storm water runoff for urban land, or both. In preparing these standards, the county surveyor shall consider official weather bureau information, design criteria of the Indiana department of natural resources, the published recommendations of the United States bureau of public roads, and all available local, topographical, geological, and statistical information that may affect the design standard of runoff from urban land. The county surveyor may give special consideration to those weather events in which rainfall occurs under conditions when soil tends to be impervious due to frost or other natural causes.

(2) Prepare hydraulic calculations for the channel design of the urban drain, taking into consideration hydraulic gradients, friction factors, dimensions, and other engineering variables.

(3) Design the channel or dam required for the urban drain, including any necessary rerouting and taking into consideration the structures and structural characteristics of the soil.

(4) Furnish design information for all new drainage structures (including local flood control dikes) that may be needed to properly drain urban land or impound water in a small lake in the most efficient and economical manner.

(5) Keep available maps, listings, or other information showing current land use and projections of future land use in the area affected by the urban drain. In preparing this information, the county surveyor shall consider recommendations of state and local planning agencies, plan commissions, zoning boards, and similar bodies.

(6) Include in the county surveyor's report to the board on the construction or reconstruction of an urban drain the county surveyor's recommended designation of each parcel of affected land in the watershed of the urban drain as either urban land or rural land.

[Pre-Local Government Recodification Citation: 19-4-10-2.]

As added by Acts 1981, P.L.309, SEC.101. Amended by P.L.166-1983, SEC.8; P.L.127-2017, SEC.356.
Ind. Code § 36-8-6-1.7 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-1.7
"Americans with Disabilities Act"
Status: in_force

Sec. 1.7. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act.

As added by P.L.4-1992, SEC.32.
Ind. Code § 36-1.5-4-38.5 — Indiana Code / Title 36 / Article 1.5 / Chapter 4 / Section 36-1.5-4-38.5
Authorization for a town that has a mayor as a result of reorganization to hire attorneys or legal research assistants; salaries
Status: in_force

Sec. 38.5. (a) This section applies on or after January 1, 2024, and only to the legislative body of a town that has a mayor as a result of a reorganization under this article.

(b) The town legislative body may hire or contract with competent attorneys and legal research assistants on terms it considers appropriate.

(c) Employment of an attorney under this section does not affect an executive department of law of the town.

(d) Appropriations for salaries of attorneys and legal research assistants employed under this section may not exceed the appropriations for similar salaries in the budget of an executive department of law.

As added by P.L.236-2023, SEC.164.
Ind. Code § 36-8-16.7-19 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-19
"Provider"
Status: in_force

Sec. 19. (a) As used in this chapter, "provider" means a person or entity, or an affiliate of a person or an entity, that:

(1) offers communications service to users in Indiana; and

(2) provides, or is required by the Federal Communications Commission to provide, a user with direct access to a PSAP through the placement of a 911 communication.

(b) The term includes the following:

(1) Facilities based and nonfacilities based resellers of communications service.

(2) Any other provider of communications service through wireline or wireless means, regardless of whether the provider is subject to regulation by the Indiana utility regulatory commission.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-5-1.2-11 — Indiana Code / Title 36 / Article 5 / Chapter 1.2 / Section 36-5-1.2-11
Determination of appeal without jury; change of venue
Status: in_force

Sec. 11. (a) The circuit court, superior court, or probate court shall hear an appeal under this chapter without a jury.

(b) Change of venue from the judge may be granted, but change of venue from the county may not be granted.

As added by P.L.258-1993, SEC.1. Amended by P.L.84-2016, SEC.176.
Ind. Code § 36-11-11-1 — Indiana Code / Title 36 / Article 11 / Chapter 11 / Section 36-11-11-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to fees or penalties that have been due and unpaid for at least ninety (90) days.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7-5.1-11 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-11
Membership qualifications
Status: in_force

Sec. 11. (a) Each member of the commission must have:

(1) knowledge and experience regarding affairs in the joint district;

(2) awareness of the social, economic, agricultural, and industrial conditions of the joint district; and

(3) an interest in the development of the joint district.

(b) A challenge to the appointment of a member based on the qualifications described in subsection (a) must be filed within thirty (30) days after the appointment. The challenge may be filed in the circuit court, superior court, or probate court of any county that contains the entire joint district or any part of the joint district.

(c) Except as provided in subsection (d), a member must be a resident of a county where a part of the joint district is located or reside within ten (10) miles of the borders of the district.

(d) In a joint district that contains all or part of a county having a population of more than eighty-two thousand (82,000) and less than eighty-three thousand (83,000), two (2) of the members appointed by the legislative body of that county under section 9(1) of this chapter must, in addition to the requirements of subsections (a) and (b), be residents of any township that is entirely or partially located within the joint district.

As added by P.L.300-1989, SEC.2. Amended by P.L.12-1992, SEC.167; P.L.170-2002, SEC.155; P.L.119-2012, SEC.197; P.L.84-2016, SEC.179; P.L.104-2022, SEC.178.
Ind. Code § 36-9-40-13 — Indiana Code / Title 36 / Article 9 / Chapter 40 / Section 36-9-40-13
Construction contract for entire system; challenge to contract
Status: in_force

Sec. 13. (a) The contract for construction of a system must be for construction of the entire system.

(b) After the execution of a contract for construction of a system, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought before the actual commencement of work under the contract.

As added by P.L.7-2002, SEC.1.
Ind. Code § 36-9-23-11 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-11
Cost estimate
Status: in_force

Sec. 11. The engineer's estimate of costs under section 10(a)(2) of this chapter must include:

(1) the cost of acquiring or constructing the sewage works;

(2) the cost of all property, easements, franchises, and other rights considered necessary or convenient for the works;

(3) interest on bonds before and during the construction or acquisition, and for a period not exceeding twenty-four (24) months after completion of the construction or acquisition;

(4) engineering expenses, including expenses for plans, specifications, and surveys;

(5) legal expenses;

(6) expenses for estimates of cost and of revenues;

(7) administrative expenses; and

(8) other expenses necessary or incidental to:

(A) determining the feasibility of the works;

(B) financing the works;

(C) constructing or acquiring the works; and

(D) placing the works in operation.

[Pre-Local Government Recodification Citation: 19-2-5-1 part.]

As added by Acts 1981, P.L.309, SEC.96.
Ind. Code § 36-2-2-26 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-26
Repealed
Status: repealed

[Pre-Local Government Recodification Citations: 17-2-78-1; 17-2-78-2.]

As added by Acts 1980, P.L.212, SEC.1. Repealed by Acts 1981, P.L.11, SEC.63.
Ind. Code § 36-9-39-14 — Indiana Code / Title 36 / Article 9 / Chapter 39 / Section 36-9-39-14
Payment of costs; application of statutes concerning public bond issues, construction, appropriations, and tax levies
Status: in_force

Sec. 14. Construction of sewage works from a municipal general fund must comply with the statutes concerning public bond issues, construction, appropriations, and tax levies.

As added by P.L.98-1993, SEC.10.
Ind. Code § 36-8-8.5-4 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-4
"DROP"
Status: in_force

Sec. 4. As used in this chapter, "DROP" means the deferred retirement option plan established by this chapter.

As added by P.L.62-2002, SEC.5.
Ind. Code § 36-7-4-1404 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1404
Review and appeal
Status: in_force

Sec. 1404. (a) If a zoning ordinance designates a zoning district under section 1401.5(a) of this chapter and authority is delegated under section 1402(c) of this chapter, the zoning ordinance must describe the following:

(1) The duties of the plan commission staff, hearing examiner, or committee in reviewing a development plan.

(2) The procedures for review of a development plan by the plan commission staff, hearing examiner, or committee.

(3) The procedures for an appeal to the plan commission of a decision made by the plan commission staff, hearing examiner, or committee.

(b) A plan commission staff, hearing examiner, or committee to which authority has been delegated under section 1402(c) of this chapter may make a decision concerning a development plan without a public hearing if the zoning ordinance provides for an appeal of the decision directly to the plan commission.

(c) The zoning ordinance may provide for a hearing procedure for review of a development plan that is similar to the hearing procedure for review of subdivision plats under the 700 series of this chapter. If such a procedure is adopted, the zoning ordinance may provide that public notice and hearing are not required for secondary review of a development plan. If notice and hearing are not required for secondary review of a development plan, the primary approval or disapproval of a development plan is a final decision of the plan commission that may be reviewed only as provided in section 1016 of this chapter.

As added by P.L.320-1995, SEC.27.
Ind. Code § 36-9-32-2 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-2
Legislative findings and declaration
Status: in_force

Sec. 2. It is found and declared that municipalities in Indiana have a need to finance public improvements to provide for industrial and commercial growth and for general public use. Therefore, the general assembly finds it necessary and proper to provide an alternative method for municipalities to finance public improvements, to provide for industrial and commercial growth, to provide employment opportunities, diversification of industry and commerce, and to provide general public access to those public improvements. It is declared that the financing of public improvements for use by the general public, including industrial and commercial enterprises, is a public purpose.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-9-3-17 — Indiana Code / Title 36 / Article 9 / Chapter 3 / Section 36-9-3-17
Acquisition and construction of transportation facilities
Status: in_force

Sec. 17. At the request of the public transportation system serving the territory of the authority, the authority may:

(1) construct or acquire any public transportation facility for use by the authority or any transportation agency; and

(2) acquire transportation facilities from any transportation agency, including:

(A) reserve funds;

(B) employees' pension or retirement funds;

(C) special funds;

(D) franchises;

(E) licenses;

(F) patents;

(G) permits; and

(H) papers and records of the agency.

In making acquisitions from a transportation agency, the authority may assume the obligations of the agency regarding its property or public transportation operations.

[Pre-Local Government Recodification Citation: 19-5-2.5-14.]

As added by Acts 1981, P.L.309, SEC.76.
Ind. Code § 36-8-6-12 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-12
Reduction of benefits after first payment
Status: in_force

Sec. 12. The monthly pension payable to a member or survivor under this chapter may not be reduced below the amount of the first full monthly pension received by that person.

[Pre-Local Government Recodification Citation: 19-1-24-3.5.]

As added by Acts 1981, P.L.309, SEC.55.
Ind. Code § 36-8-6-10.1 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-10.1
Members dying in line of duty after August 31, 1982; monthly benefit for surviving spouse, children, or parents
Status: in_force

Sec. 10.1. (a) This section applies to a member who dies in the line of duty after August 31, 1982.

(b) The surviving spouse is entitled to a monthly benefit, during the spouse's lifetime, equal to the benefit to which the member would have been entitled on the date of the member's death, but no less than fifty percent (50%) of the monthly wage received by a first class patrolman. If the surviving spouse remarried before September 1, 1983, and benefits ceased on the date of remarriage, the benefits for the surviving spouse shall be reinstated on July 1, 1997, and continue during the life of the surviving spouse.

(c) A payment shall also be made to each child of a deceased member less than eighteen (18) years of age, in an amount fixed by ordinance, but at least an amount equal to twenty percent (20%) of the monthly pay of a first class patrolman per month to each child:

(1) until the child becomes eighteen (18) years of age;

(2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longer.

(d) The surviving children of the deceased member who are eligible to receive a benefit under subsection (c) may receive an additional benefit in an amount fixed by ordinance, but the total additional benefit under this subsection to all the member's children may not exceed a total of thirty percent (30%) of the monthly wage received by a first class patrolman. However, this limitation does not apply to the children of a member who have a physical or mental disability.

(e) If a deceased member leaves no surviving spouse and no child who qualifies for benefits under subsection (c) but does leave a dependent parent or parents, an amount equal to twenty percent (20%) of the monthly pay of a first class patrolman per month from the time of the member's death shall be paid to the dependent parent or parents during their dependency. When both parents survive, the total amount is still twenty percent (20%), to be paid to them jointly. In all cases of payment to a dependent relative of a deceased member, the board is the final judge of the question of necessity and dependency and of the amount to be paid. The board may also reduce or terminate temporarily or permanently a payment to a dependent relative of a deceased member when it determines that the condition of the fund or other circumstances make this action necessary.

(f) If the salary of a first class patrolman is increased or decreased, the pension payable under this section shall be proportionately increased or decreased. However, the monthly pension payable to a member or survivor may not be reduced below the amount of the first full monthly pension received by that person.

(g) For purposes of this section, "dies in the line of duty" means death that occurs as a direct result of personal injury or illness caused by incident, accident, or violence that results from any action that the member in the member's capacity as a police officer:

(1) is obligated or authorized by rule, regulation, condition of employment or service, or law to perform; or

(2) performs in the course of controlling or reducing crime or enforcing the criminal law.

The term includes a death presumed incurred in the line of duty under IC 5-10-13.

(h) The unit of local government that employed the deceased member shall after December 31, 2003, offer to provide and pay for health insurance coverage for the member's surviving spouse and for each natural child, stepchild, or adopted child of the member:

(1) until the child becomes eighteen (18) years of age;

(2) until the child becomes twenty-three (23) years of age if the child is enrolled in and regularly attending a secondary school or is a full-time student at an accredited college or university; or

(3) during the entire period of the child's physical or mental disability;

whichever period is longest. If health insurance coverage is offered by the unit to active members, the health insurance provided to a surviving spouse and child under this subsection must be equal in coverage to that offered to active members. The offer to provide and pay for health insurance coverage shall remain open for as long as there is a surviving spouse or as long as a natural child, stepchild, or adopted child of the member is eligible for the coverage under subdivision (1), (2), or (3).

As added by Acts 1982, P.L.214, SEC.1. Amended by P.L.364-1983, SEC.2; P.L.200-1984, SEC.2; P.L.196-1988, SEC.1; P.L.1-1989, SEC.70; P.L.1-1991, SEC.210; P.L.52-1993, SEC.3; P.L.40-1997, SEC.5; P.L.118-2000, SEC.9; P.L.62-2002, SEC.1; P.L.185-2002, SEC.6; P.L.86-2003, SEC.3; P.L.99-2007, SEC.215.
Ind. Code § 36-7-41-7 — Indiana Code / Title 36 / Article 7 / Chapter 41 / Section 36-7-41-7
Quorum
Status: in_force

Sec. 7. (a) A quorum of the commission must be present to conduct the commission's business. A quorum consists of nine (9) members of the commission.

(b) The affirmative votes of nine (9) members of the commission are required for the commission to take action on any measure.

As added by P.L.119-2025, SEC.1.
Ind. Code § 36-7.5-1-4 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-4
"Airport development authority"
Status: in_force

Sec. 4. "Airport development authority" refers to an airport development authority established under IC 8-22-3.7 in the city of Gary.

As added by P.L.214-2005, SEC.73. Amended by P.L.119-2012, SEC.214; P.L.104-2022, SEC.196.
Ind. Code § 36-7-1-0.1 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to section 5 of this chapter by P.L.335-1985 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

(2) The addition of section 22 of this chapter by P.L.335-1985 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.335-1985 had not been enacted.

(3) The amendments made to sections 20 and 22 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and approved under the statutes in effect before September 1, 1986, as if P.L.220-1986 had not been enacted.

As added by P.L.220-2011, SEC.656.
Ind. Code § 36-7-11.2-33 — Indiana Code / Title 36 / Article 7 / Chapter 11.2 / Section 36-7-11.2-33
Continuance of matters on docket
Status: in_force

Sec. 33. For good cause shown the chair of the commission may, at or before a regular or special meeting, continue any matter docketed for consideration or determination at the meeting until:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting for which the matter was previously docketed.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-7 part.]

As added by P.L.1-1995, SEC.83. Amended by P.L.127-2017, SEC.187.
Ind. Code § 36-11-3-7 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-7
Scheduling of hearing; notice
Status: in_force

Sec. 7. (a) The hearing officer shall fix a date, time, and place inside or within ten (10) miles of the proposed district for the hearing on any matter for which a hearing is authorized under this chapter.

(b) The hearing officer shall provide notice of the hearing:

(1) under IC 5-3-1; and

(2) by certified mail, return receipt requested, mailed at least two (2) weeks before the hearing to:

(A) the department of environmental management; and

(B) the Indiana department of health.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended by P.L.56-2023, SEC.343.
Ind. Code § 36-10-9.1-18.2 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-18.2
Bonds; exclusivity of this chapter
Status: in_force

Sec. 18.2. This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed in this chapter.

As added by P.L.19-1986, SEC.64.
Ind. Code § 36-7-4-1017 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1017
Remedies and enforcement; status of structures erected in violation
Status: in_force

Sec. 1017. In an action or proceeding by the municipality or county for the taking, appropriation, or condemnation of land, or in an action against the municipality or county, no compensation or damages may be awarded for the taking of or injury to any structure erected in violation of:

(1) an ordinance adopted under this chapter; or

(2) any prior ordinance superseded by an ordinance adopted under this chapter.

This section applies only if the structure remains in violation at the time of the taking, appropriation, or condemnation.

[Pre-Local Government Recodification Citations: 18-7-2-86; 18-7-4-1017; 18-7-4-92; 18-7-5-96.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.58.