reglab/housing_qa huggingface dataset:
IN Code § 36-4-3-1.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-1.5. Contiguous Territory; Annexation of Public Highway

Sec. 1.5. (a) For purposes of this chapter, territory sought to be annexed may be considered "contiguous" only if at least one-eighth (1/8) of the aggregate external boundaries of the territory coincides with the boundaries of the annexing municipality. In determining if a territory is contiguous, a strip of land less than one hundred fifty (150) feet wide that connects the annexing municipality to the territory is not considered a part of the boundaries of either the municipality or the territory.(b) This subsection applies to an annexation for which an annexation ordinance is adopted after June 30, 2015. A public highway or the rights-of-way of a public highway are contiguous to:(1) the municipality; or(2) property in the unincorporated area adjacent to the public highway or rights-of-way of a public highway;if the public highway or the rights-of-way of a public highway are contiguous under subsection (a) and one (1) of the requirements in subsection (c) is satisfied.(c) A public highway or the rights-of-way of a public highway are not contiguous unless one (1) of the following requirements is met:(1) The municipality obtains the written consent of the owners of all property:(A) adjacent to the entire length of the part of the public highway and rights-of-way of the public highway that is being annexed; and(B) not already within the corporate boundaries of the municipality.A waiver of the right of remonstrance executed by a property owner or a successor in title of the property owner for sewer services or water services does not constitute written consent for purposes of this subdivision.(2) All property adjacent to at least one (1) side of the entire length of the part of the public highway or rights-of-way of the public highway being annexed is already within the corporate boundaries of the municipality.(3) All property adjacent to at least one (1) side of the entire length of the part of the public highway or rights-of-way of the public highway being annexed is part of the same annexation ordinance in which the public highway or rights-of-way of a public highway are being annexed.A municipality may not annex a public highway or the rights-of-way of a public highway or annex territory adjacent to the public highway or rights-of-way of a public highway unless the requirements of this section are met.As added by Acts 1981, P.L.308, SEC.1. Amended by P.L.228-2015, SEC.3; P.L.206-2016, SEC.1.
IN Code § 36-4-3-1.6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-1.6. Territory Covered by Lake

Sec. 1.6. (a) For purposes of this chapter, the acreage of the territory sought to be annexed that is covered by a public or private lake shall not be considered when determining whether the territory meets the population density or subdivision percentages required by this chapter.(b) This section does not affect the definition of "contiguous" prescribed by section 1.5 of this chapter.As added by P.L.348-1983, SEC.1.
IN Code § 36-4-3-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-2. Territories Inside Corporate Boundaries of Another Municipality

Sec. 2. Territory may be annexed by a municipality under section 3 or 4 of this chapter. However, a municipality may not annex territory that is inside the corporate boundaries of another municipality, although municipalities may merge under IC 36-4-2.[Pre-Local Government Recodification Citation: 18-5-10-27.]As added by Acts 1980, P.L.212, SEC.3.
IN Code § 36-4-3-2.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-2.1. Public Hearing; Notice

Sec. 2.1. (a) This section does not apply to an annexation under section 5.1 of this chapter.(b) A municipality may adopt an ordinance under this chapter only after the legislative body has held a public hearing concerning the proposed annexation. The municipality shall hold the public hearing not earlier than sixty (60) days after the date the ordinance is introduced. All interested parties must have the opportunity to testify as to the proposed annexation. Except as provided in subsection (d), notice of the hearing shall be:(1) published in accordance with IC 5-3-1 except that the notice shall be published at least sixty (60) days before the hearing; and(2) mailed as set forth in section 2.2 of this chapter, if section 2.2 of this chapter applies to the annexation.(c) A municipality may adopt an ordinance under this chapter not earlier than thirty (30) days or not later than sixty (60) days after the legislative body has held the public hearing under subsection (b).(d) This subsection applies to an annexation under section 3 or 4 of this chapter in which all property owners within the area to be annexed provide written consent to the annexation. Notice of the hearing shall be:(1) published one (1) time at least twenty (20) days before the hearing in accordance with IC 5-3-1; and(2) mailed as set forth in section 2.2 of this chapter.As added by P.L.231-1996, SEC.1. Amended by P.L.248-1999, SEC.1; P.L.49-2000, SEC.1; P.L.224-2001, SEC.1.
IN Code § 36-4-3-2.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-2.5. "Public Highway" Defined

Sec. 2.5. (a) As used in this section, "public highway" has the meaning set forth in IC 9-25-2-4.(b) An annexation of territory under this chapter after June 30, 1996, that includes land contiguous to a public highway must also include contiguous areas of:(1) the public highway; and(2) rights-of-way of the public highway.As added by P.L.232-1996, SEC.1.
IN Code § 36-4-3-3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-3. Annexation of Contiguous Territory; Authorization

Sec. 3. (a) The legislative body of a municipality may, by an ordinance defining the corporate boundaries of the municipality, annex territory that is contiguous to the municipality, subject to subsection (b).(b) If territory that was not contiguous (under section 1.5 of this chapter) was annexed in proceedings begun before May 1, 1981, an ordinance adopted after April 30, 1981, may not annex additional territory that is contiguous when the contiguity is based on the additional territory's boundaries with the previously annexed territory.(c) Subsection (b) does not apply when the previously annexed territory has been used as a part of the contiguous boundary of separate parcels of land successfully annexed to the municipality before May 1, 1981.(d) This subsection does not apply to a town that has abolished town legislative body districts under IC 36-5-2-4.1. An ordinance described by subsection (a) must assign the territory annexed by the ordinance to at least one (1) municipal legislative body district.[Pre-Local Government Recodification Citation: 18-5-10-19 part.]As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.308, SEC.2; P.L.333-1985, SEC.2; P.L.5-1989, SEC.91; P.L.3-1993, SEC.262.
IN Code § 36-4-3-3.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-3.1. Written Fiscal Plan

Sec. 3.1. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter.(b) A municipality shall develop and adopt a written fiscal plan and establish a definite policy by resolution of the legislative body that meets the requirements set forth in section 13 of this chapter.(c) Except as provided in subsection (d), the municipality shall establish and adopt the written fiscal plan before mailing the notification to landowners in the territory proposed to be annexed under section 2.2 of this chapter.(d) In an annexation under section 5 or 5.1 of this chapter, the municipality shall establish and adopt the written fiscal plan before adopting the annexation ordinance.As added by P.L.248-1999, SEC.3. Amended by P.L.217-1999, SEC.3; P.L.224-2001, SEC.3.
IN Code § 36-4-3-3.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-3.3. Application of Section 8 of This Chapter to Certain Annexation Ordinances

Sec. 3.3. (a) This section applies to a municipality that:(1) adopts an annexation ordinance under section 3 or 4 of this chapter:(A) before July 1, 1999; and(B) that becomes effective after July 1, 1999;(2) approves the establishment of a fiscal plan under section 13 of this chapter before July 1, 1999; and(3) is subject to section 8 of this chapter.(b) Notwithstanding section 8 of this chapter, a municipality described in this section is not required to amend its annexation ordinance and its fiscal plan. However, a municipality described in this section shall comply with section 8 of this chapter.As added by P.L.220-2011, SEC.650.
IN Code § 36-4-3-3.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-3.5. Annexation Ordinance; Contents

Sec. 3.5. (a) An annexation ordinance adopted under this chapter must contain the following information:(1) A description of the boundaries of the territory to be annexed, including any public highway or right-of-way.(2) The approximate number of acres in the territory to be annexed.(3) A description of any special terms and conditions adopted under section 8 of this chapter.(b) An ordinance adopted under section 3 or 4 of this chapter must also contain a description of any property tax abatements adopted under section 8.5 of this chapter.As added by P.L.217-1999, SEC.4.
IN Code § 36-4-3-4.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-4.1. Property Tax Exemption for Agricultural Property

Sec. 4.1. (a) A municipality may annex territory under this section or (after June 30, 2015) this chapter only if the territory is contiguous to the municipality.(b) This subsection applies only to an annexation ordinance adopted before July 1, 2015. Territory annexed under this section is exempt from all property tax liability under IC 6-1.1 for municipal purposes for all portions of the annexed territory that are classified for zoning purposes as agricultural and remain exempt from the property tax liability while the property's zoning classification remains agricultural.(c) This subsection applies only to an annexation ordinance adopted after June 30, 2015. Real property annexed under this chapter:(1) is exempt; and(2) remains exempt;from all property tax liability under IC 6-1.1 for municipal purposes while the property is assessed as agricultural land under the real property assessment rules and guidelines of the department of local government finance.(d) There may not be a change in the zoning classification of territory annexed under this section without the consent of the owner of the annexed territory.(e) Territory annexed under this section or (after June 30, 2015) this chapter may not be considered a part of the municipality for purposes of annexing additional territory under section 3 or 4 of this chapter. However, territory annexed under this section or (after June 30, 2015) this chapter shall be considered a part of the municipality for purposes of annexing additional territory under section 5 or 5.1 of this chapter.As added by P.L.166-1994, SEC.2. Amended by P.L.79-1996, SEC.3; P.L.71-1997, SEC.3; P.L.224-1997, SEC.1; P.L.253-1997(ss), SEC.31; P.L.224-2001, SEC.4; P.L.170-2002, SEC.142; P.L.111-2005, SEC.4; P.L.71-2006, SEC.1; P.L.119-2012, SEC.186; P.L.243-2013, SEC.1; P.L.228-2015, SEC.6.
IN Code § 36-4-3-4.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-4.2. County Infrastructure Reimbursement

Sec. 4.2. (a) As used in this section, "infrastructure" means the capital improvements that comprise:(1) a sanitary sewer system or wastewater treatment facility;(2) a building and appurtenances;(3) a park or recreational facility;(4) a road, street, highway, or bridge; or(5) a water treatment, water storage, or water distribution facility.(b) This section applies:(1) only to an annexation for which an annexation ordinance is adopted after June 30, 2015; and(2) if there is debt, evidenced by bonds, leases, or other obligations, that is outstanding on infrastructure on the date that the annexation becomes effective.(c) This subsection applies if:(1) the municipality takes ownership of infrastructure located within the annexation territory, or part of an item of infrastructure, owned by the county; and(2) the outstanding debt is payable from property taxes or from revenue bonds or obligations.The annexing municipality is liable to the county for reimbursements only if the municipality assumes ownership or partial ownership of the infrastructure. If the municipality assumes ownership or partial ownership of the infrastructure, the municipality shall reimburse the county for the appropriate share of the remaining debt that is payable by the county from property taxes or revenues. The county and the annexing municipality shall enter into an interlocal agreement under IC 36-1-7 regarding the allocation of the debt and reimbursement terms.(d) This subsection applies if the local income tax under IC 6-3.6 has been pledged by the county to pay outstanding debt on infrastructure located within the county. To offset the change in local income tax distributions that will occur after the annexation, the annexing municipality is liable to the county for reimbursements in the amount that represents part of the outstanding debt on the infrastructure until the debt is fully paid. The amount that the municipality is required to reimburse the county is the percent of the total county income tax distribution that is indebted, multiplied by the amount of local income tax revenue for the distribution year that is shifted from the county to the municipality as a result of the annexation.(e) Reimbursements received by a county under this section shall be deposited in the appropriate debt service fund.As added by P.L.228-2015, SEC.7. Amended by P.L.197-2016, SEC.122.
IN Code § 36-4-3-4.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-4.3. Property Owned by County Redevelopment Commission

Sec. 4.3. (a) This section applies only to real property that is owned by a county redevelopment commission established under IC 36-7.(b) A municipality may not annex real property owned by a county redevelopment commission without obtaining the consent of the county executive.As added by P.L.228-2015, SEC.8.
IN Code § 36-4-3-4.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-4.5. Applicability of Ic 36-4-3-4(g)

Sec. 4.5. Section 4(g) of this chapter does not apply to a town that has abolished town legislative body districts under IC 36-5-2-4.1.As added by P.L.3-1993, SEC.263. Amended by P.L.255-1997(ss), SEC.10.
IN Code § 36-4-3-6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-6. Effect of Certified Copy of Ordinance

Sec. 6. (a) A certified copy of an ordinance adopted under section 3 of this chapter is conclusive evidence of the corporate boundaries of the municipality in any proceeding.(b) A certified copy of an ordinance adopted under section 4 of this chapter is conclusive evidence in any proceeding that the territory described in the ordinance was properly annexed and is a part of the municipality.[Pre-Local Government Recodification Citations: 18-5-10-19 part; 18-5-10-20 part.]As added by Acts 1980, P.L.212, SEC.3.
IN Code § 36-4-3-7.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-7.1. Trial Court Hearing on Annexation

Sec. 7.1. Notwithstanding section 7(b) of this chapter, an ordinance adopted under section 4 or 5.1 of this chapter takes effect immediately upon the expiration of the remonstrance and appeal period under section 11, 11.1, or 15.5 of this chapter and after the publication, filing, and recording required by section 22(a) of this chapter if all of the following conditions are met:(1) The annexed territory has no population.(2) Ninety percent (90%) of the total assessed value of the land for property tax purposes has one (1) owner.(3) The annexation is required to fulfill an economic development incentive package and to retain an industry through various local incentives, including urban enterprise zone benefits.As added by P.L.120-1999, SEC.6. Amended by P.L.228-2015, SEC.11; P.L.257-2019, SEC.111.
IN Code § 36-4-3-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-8. Terms and Conditions in Adopted Ordinance

Sec. 8. (a) This section does not apply to an ordinance adopted under section 5 or 5.1 of this chapter.(b) An ordinance adopted under section 3 or 4 of this chapter must include terms and conditions fairly calculated to make the annexation equitable to the property owners and residents of the municipality and the annexed territory. The terms and conditions may include:(1) postponing the effective date of the annexation for not more than three (3) years; and(2) establishing equitable provisions for the future management and improvement of the annexed territory and for the rendering of needed services.(c) This subsection applies to territory sought to be annexed that meets all of the following requirements:(1) The resident population density of the territory is at least three (3) persons per acre.(2) The territory is subdivided or is parceled through separate ownerships into lots or parcels such that at least sixty percent (60%) of the total number of lots and parcels are not more than one (1) acre.This subsection does not apply to an ordinance annexing territory described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The ordinance must include terms and conditions impounding in a special fund all of the municipal property taxes imposed on the annexed territory after the annexation takes effect that are not used to meet the basic services described in section 13(d)(4) and 13(d)(5) of this chapter for a period of at least three (3) years. The impounded property taxes must be used to provide additional services that were not specified in the plan of annexation. The impounded property taxes in the fund shall be expended as set forth in this section, not later than five (5) years after the annexation becomes effective.[Pre-Local Government Recodification Citations: 18-5-10-19 part; 18-5-10-20 part; 18-5-10-21.]As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.248-1999, SEC.4; P.L.217-1999, SEC.5; P.L.224-2001, SEC.8.
IN Code § 36-4-3-8.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-8.1. Advisory Board

Sec. 8.1. (a) An advisory board shall be appointed to advise the municipality on the provision of services to the annexed territory that are paid for with the municipal property taxes impounded in a special fund under section 8 of this chapter.(b) An advisory board shall be appointed not later than ninety (90) days after an annexation becomes effective by the filing prescribed under section 22 of this chapter.(c) An advisory board consists of the following seven (7) members:(1) The township trustee of the township with the largest number of residents living within the annexed territory.(2) One (1) member of the county fiscal body representing the district with the largest number of residents living within the annexed territory.(3) One (1) member who is:(A) the municipal engineer if the annexing municipality has a municipal engineer; or(B) a licensed professional engineer appointed by the municipal executive if the municipality does not have a municipal engineer.(4) Two (2) citizen members appointed by the municipal executive who:(A) own real property within; and(B) reside within;the annexed territory.(5) Two (2) citizen members appointed by the county executive who:(A) own real property within; and(B) reside within;the annexed territory.(d) Four (4) members of the board constitute a quorum. An affirmative vote of four (4) members is required for the board to take action.(e) A member of the board may not receive a salary. A member may receive reimbursement for necessary expenses, but only when those necessary expenses are incurred in the performance of the member's respective duties.(f) A vacancy on the board shall be filled by the appointing authority.(g) The board shall serve for not longer than the date all municipal property taxes impounded in the fund are expended.As added by P.L.248-1999, SEC.5.
IN Code § 36-4-3-8.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-8.5. Tax Abatement in Annexed Territory; Ordinance; Required Provisions

Sec. 8.5. (a) A municipality may, in an ordinance adopted under section 3 or 4 of this chapter, abate a portion of the property tax liability under IC 6-1.1 for municipal purposes for all property owners in the annexed territory.(b) An ordinance adopted under subsection (a) must provide the following:(1) A tax abatement program that is in effect for not more than three (3) taxable years after an annexation occurs.(2) Except single family residential property described by subdivision (3), a tax abatement for all classes of property that does not exceed:(A) seventy-five percent (75%) of a taxpayer's liability in the first year of the abatement program;(B) fifty percent (50%) of a taxpayer's liability in the second year of the abatement program; and(C) twenty-five percent (25%) of a taxpayer's liability in the third year of the abatement program.(3) For a county having a population of more than two hundred fifty thousand (250,000) but less than two hundred seventy thousand (270,000), a tax abatement for single family residential property that does not exceed:(A) ninety percent (90%) of a taxpayer's liability in the first year of the abatement program;(B) eighty percent (80%) of a taxpayer's liability in the second year of the abatement program;(C) sixty percent (60%) of a taxpayer's liability in the third year of the abatement program;(D) forty percent (40%) of a taxpayer's liability in the fourth year of the abatement program; and(E) twenty percent (20%) of a taxpayer's liability in the fifth year of the abatement program.(4) The procedure by which an eligible property owner receives a tax abatement under this section.As added by P.L.379-1987(ss), SEC.13. Amended by P.L.56-1988, SEC.12; P.L.12-1992, SEC.157; P.L.231-1996, SEC.2; P.L.255-1997(ss), SEC.12; P.L.119-2012, SEC.187.