reglab/housing_qa huggingface dataset:
IN Code § 36-4-3-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-9. Town Annexing Within Proximity of City

Sec. 9. (a) A town must obtain the consent of both the metropolitan development commission and the legislative body of a county having a consolidated city before annexing territory within the county where a consolidated city is located.(b) A town may not annex within an area that extends one (1) mile outside the corporate boundaries of a second or third class city. A town may annex within the area that extends:(1) more than one (1) mile; and(2) not more than three (3) miles;outside the corporate boundaries of a second or third class city, if the annexation by the town does not include territory that extends more than one (1) mile outside the corporate boundaries of the town.(c) Subsection (b) does not apply to:(1) a town that proposes to annex territory located in a different county than the city; or(2) an annexation by a town that is:(A) an annexation under section 5 or 5.1 of this chapter; or(B) consented to by at least fifty-one percent (51%) of the owners of land in the territory the town proposes to annex.(d) In determining the total number of landowners of the annexed territory and whether signers of a consent under subsection (c)(2)(B) are landowners, the names appearing on the tax duplicate for that territory constitute prima facie evidence of ownership. Only one (1) person having an interest in each single property, as evidenced by the tax duplicate, is considered a landowner for purposes of this section.(e) Each municipality that is known as an included town under IC 36-3-1-7 is also considered a town for purposes of this section.[Pre-Local Government Recodification Citation: 18-5-10-31.]As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.213, SEC.5; P.L.257-1993, SEC.2; P.L.224-2001, SEC.9; P.L.170-2002, SEC.143; P.L.111-2005, SEC.5; P.L.243-2013, SEC.2.
IN Code § 36-4-3-9.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-9.1. Annexation of Territory Within County; Requirements

Sec. 9.1. A municipality may annex territory within a county only if:(1) part or all of that municipality was within the county on January 1, 1982; or(2) the consent of the executive of the county is first obtained.As added by Acts 1982, P.L.210, SEC.2.
IN Code § 36-4-3-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-10. Liability of Annexing Municipality for Indebtedness or Other Obligations of Township; Payment

Sec. 10. (a) If the township from which a municipality annexes territory is indebted or has outstanding unpaid bonds or other obligations at the time of the annexation, the municipality is liable for and shall pay that indebtedness in the same ratio as the assessed valuation of the property in the annexed territory bears to the assessed valuation of all property in the township, as shown by the most recent assessment for taxation before the annexation, unless the assessed property within the municipality is already liable for the indebtedness.(b) The annexing municipality shall pay its indebtedness under this section to the township executive. If the indebtedness consists of outstanding unpaid bonds or notes of the township, the payments to the executive shall be made as the principal or interest on the bonds or notes becomes due.[Pre-Local Government Recodification Citation: 18-5-10-28.]As added by Acts 1980, P.L.212, SEC.3.
IN Code § 36-4-3-11.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-11.3. Signatures Required to Stop an Annexation; Signatures Required to Permit a Trial Court Hearing on Annexation

Sec. 11.3. (a) This section applies only to an annexation ordinance adopted after June 30, 2015.(b) An annexation ordinance is void if a written remonstrance petition is signed by one (1) of the following:(1) At least sixty-five percent (65%) of the owners of land in the annexed territory. An owner of land may not:(A) be counted in calculating the total number of owners of land in the annexation territory; or(B) have the owner's signature counted on a remonstrance;with regard to any single property that an owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.(2) The owners of at least eighty percent (80%) in assessed valuation of the land in the annexed territory. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count the owner's signature on a remonstrance with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.(c) The annexation may be appealed to the court under section 11 of this chapter, if a written remonstrance is signed by one (1) of the following:(1) At least fifty-one percent (51%) but less than sixty-five percent (65%) of the owners of land. An owner of land may not:(A) be counted in calculating the total number of owners of land in the annexation territory; or(B) have the owner's signature counted on a remonstrance;with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.(2) The owners of at least sixty percent (60%) but less than eighty percent (80%) in assessed valuation of land in the annexed territory. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count an owner's signature on a remonstrance with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.As added by P.L.228-2015, SEC.15.
IN Code § 36-4-3-11.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-11.5. Waiver of Remonstrance Not Required

Sec. 11.5. A landowner in an unincorporated area is not required to grant a municipality a waiver against remonstrance as a condition of connection to a sewer or water service if all of the following conditions apply:(1) The landowner is required to connect to the sewer or water service because a person other than the landowner has polluted or contaminated the area.(2) A person other than the landowner or the municipality has paid the cost of connection to the service.As added by P.L.172-1995, SEC.4.
IN Code § 36-4-3-11.6 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-11.6. Attorney's Fees and Costs for Prevailing Remonstrators

Sec. 11.6. (a) This section applies to a remonstrance filed after June 30, 2015.(b) If the court orders an annexation not to take place after a hearing under section 11 of this chapter, the remonstrators shall be reimbursed by the annexing municipality for any reasonable attorney's fees, including litigation expenses and appeal costs:(1) that are incurred:(A) after the date the annexation ordinance is adopted; and(B) in remonstrating against the annexation; and(2) not to exceed thirty-seven thousand five hundred dollars ($37,500).As added by P.L.228-2015, SEC.17.
IN Code § 36-4-3-11.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-11.7. Remonstrance Waivers; Expiration; Notice to Property Owner

Sec. 11.7. (a) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall, within a reasonable time after the recording of a deed to property located within the municipality, provide written notice to the property owner that a waiver of the right of remonstrance exists with respect to the property.(b) A remonstrance waiver executed before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.(c) A remonstrance waiver executed after June 30, 2003, and before July 1, 2019, is subject to the following:(1) The waiver is void unless the waiver was recorded:(A) before January 1, 2020; and(B) with the county recorder of the county where the property subject to the waiver is located.(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.This subsection does not invalidate an annexation that was effective on or before July 1, 2019.(d) A remonstrance waiver executed after June 30, 2019, is subject to the following:(1) The waiver is void unless the waiver is recorded:(A) not later than thirty (30) business days after the date the waiver was executed; and(B) with the county recorder of the county where the property subject to the waiver is located.(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.This subsection does not invalidate an annexation that was effective on or before July 1, 2019.As added by P.L.228-2015, SEC.18. Amended by P.L.257-2019, SEC.112.
IN Code § 36-4-3-11.8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-11.8. Voids Certain Annexation Ordinances; Terminates Certain Annexation Actions; Prohibits Certain Annexation Actions

Sec. 11.8. (a) This section does not apply to an annexation that meets both of the following requirements:(1) The annexation is an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), 5, or 5.1 of this chapter.(2) No parcel within the annexation territory is subject to a waiver of remonstrance.(b) This section does not apply to an annexation and annexation ordinance that is adopted and effective before April 30, 2017.(c) This section applies to property that meets both of the following requirements:(1) Is in an unincorporated area on January 1, 2017.(2) Is within the boundaries of a territory proposed to be annexed in an annexation ordinance that was introduced after December 31, 2016, and before July 1, 2017.(d) An annexation ordinance that is introduced after December 31, 2016, and before July 1, 2017, that proposes to annex property to which this section applies is void and the annexation action is terminated. A municipality may not take any further action to annex any of the property to which this section applies until after June 30, 2022, including introducing another annexation ordinance covering some or all of the property covered by this section after June 30, 2017, and before July 1, 2022.As added by P.L.217-2017, SEC.161.
IN Code § 36-4-3-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-12. Remonstrances; Hearing; Judgment; Effective Date of Annexation

Sec. 12. (a) The circuit or superior court shall:(1) on the date fixed under section 11 of this chapter, hear and determine the remonstrance without a jury; and(2) without delay, enter judgment on the question of the annexation according to the evidence that either party may introduce.(b) If the court enters judgment in favor of the annexation, the annexation may not take effect during the year preceding the year in which a federal decennial census is conducted. An annexation that would otherwise take effect during the year preceding a year in which a federal decennial census is conducted takes effect January 1 of the year in which a federal decennial census is conducted.[Pre-Local Government Recodification Citations: 18-5-10-25 part; 18-5-10-30 part.]As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989, SEC.96; P.L.113-2010, SEC.117.
IN Code § 36-4-3-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-14. Remonstrances; Hearing; Change of Venue; Status of Annexation Pending

Sec. 14. In a hearing under section 12 of this chapter, the laws providing for change of venue from the county do not apply, but changes of venue from the judge may be had as in other cases. Costs follow judgment. Pending the entry of a final unappealable judgment, the territory sought to be annexed is not considered a part of the municipality.[Pre-Local Government Recodification Citations: 18-5-10-25 part; 18-5-10-32 part.]As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.228-2015, SEC.20.
IN Code § 36-4-3-15.3 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-15.3. Prohibition Against Annexation; Settlement Agreement

Sec. 15.3. (a) As used in this section, "prohibition against annexation" means that a municipality may not make further attempts to annex certain territory or any part of that territory.(b) As used in this section, "settlement agreement" means a written court approved settlement of a dispute involving annexation under this chapter between a municipality and remonstrators.(c) Under a settlement agreement between the annexing municipality and either:(1) seventy-five percent (75%) or more of all landowners participating in the remonstrance; or(2) the owners of more than seventy-five percent (75%) in assessed valuation of the land owned by all landowners participating in the remonstrance;the parties may mutually agree to a prohibition against annexation of all or part of the territory by the municipality for a period not to exceed twenty (20) years. The settlement agreement may address issues and bind the parties to matters relating to the provision by a municipality of planned services of a noncapital nature and services of a capital improvement nature (as described in section 13(d) of this chapter), in addition to a prohibition against annexation. The settlement agreement is binding upon the successors, heirs, and assigns of the parties to the agreement. However, the settlement agreement may be amended or revised periodically on further agreement between the annexing municipality and landowners who meet the qualifications of subdivision (1) or (2).As added by P.L.300-1989, SEC.1. Amended by P.L.156-2020, SEC.138.
IN Code § 36-4-3-15.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-15.7. Appeal of Annexation Pending on January 1, 2014

Sec. 15.7. A municipality located in the same county as the territory to be annexed may appeal an annexation under section 15.5(a)(2) or 15.5(b)(2) of this chapter if:(1) the annexation was pending on January 1, 2014; and(2) the municipality files the appeal not later than sixty (60) days after publication of the annexation ordinance.As added by P.L.207-2014, SEC.3.
IN Code § 36-4-3-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-16. Complaint Alleging Injury From Failure to Implement Plan; Limitation Period; Relief; Requirements; Change of Venue; Costs

Sec. 16. (a) Within one (1) year after the expiration of:(1) the one (1) year period for implementation of planned services of a noncapital nature under section 13(d)(4) of this chapter; or(2) the three (3) year period for the implementation of planned services of a capital improvement nature under section 13(d)(5) of this chapter;any person who pays taxes on property located within the annexed territory may file a complaint alleging injury resulting from the failure of the municipality to implement the plan. The complaint must name the municipality as defendant and shall be filed with the circuit or superior court of the county in which the annexed territory is located.(b) The court shall hear the case within sixty (60) days without a jury. In order to be granted relief, the plaintiff must establish one (1) of the following:(1) That the municipality has without justification failed to implement the plan required by section 13 of this chapter within the specific time limit for implementation after annexation.(2) That the municipality has not provided police protection, fire protection, sanitary sewers, and water for human consumption within the specific time limit for implementation, unless one (1) of these services is being provided by a separate taxing district or by a privately owned public utility.(3) That the annexed territory is not receiving governmental and proprietary services substantially equivalent in standard and scope to the services provided by the municipality to other areas of the municipality, regardless of topography, patterns of land use, and population density similar to the annexed territory.(c) The court may:(1) grant an injunction prohibiting the collection of taxes levied by the municipality on the plaintiff's property located in the annexed territory;(2) award damages to the plaintiff not to exceed one and one-fourth (1 1/4) times the taxes collected by the municipality for the plaintiff's property located in the annexed territory;(3) order the annexed territory or any part of it to be disannexed from the municipality;(4) order the municipality to submit a revised fiscal plan for providing the services to the annexed territory within time limits set up by the court; or(5) grant any other appropriate relief.(d) A change of venue from the county is not permitted for an action brought under this section.(e) If the court finds for the plaintiff, the defendant shall pay all court costs and reasonable attorney's fees as approved by the court.(f) The provisions of this chapter that apply to territory disannexed by other procedures apply to territory disannexed under this section.[Pre-Local Government Recodification Citation: 18-5-10-32.5.]As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.1-1991, SEC.208; P.L.255-1997(ss), SEC.14; P.L.217-1999, SEC.8; P.L.173-2003, SEC.25.
IN Code § 36-4-3-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-17. Disannexation; Petition; Remonstrances; Hearing; Order

Sec. 17. (a) The owner or owners of:(1) fifty-one percent (51%) or more in number of the lots in an addition or subdivision to a municipality; or(2) contiguous territory within the corporate boundaries of a municipality, constituting not less than one (1) entire block, if platted, and not less than one (1) acre, if not platted;may file a petition for disannexation if any of the boundaries of the addition, subdivision, or contiguous territory forms part of the corporate boundary of the municipality. The petition must be filed with the works board of the municipality and must include a plat of the territory sought to be disannexed. Notice of the petition must be given in the manner prescribed by IC 5-3-1.(b) A remonstrance against the granting of the petition may be filed by:(1) the owner of a lot in the subdivision or addition; or(2) the owner of territory adjoining the territory sought to be disannexed.(c) The works board shall conduct a hearing and make a just and equitable order on the petition. In conducting the hearing, the works board may:(1) subpoena witnesses;(2) punish contempt;(3) adjourn the hearing from time to time;(4) make orders concerning streets and alleys, including their vacation; and(5) award damages.[Pre-Local Government Recodification Citations: 18-5-10-47 part; 18-5-10-48 part; 18-5-10-50 part; 18-5-10-52 part.]As added by Acts 1980, P.L.212, SEC.3.
IN Code § 36-4-3-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-18. Disannexation; Appeal of Order; Bond; Scope of Order

Sec. 18. (a) An order under section 17 of this chapter may be appealed to the circuit court, superior court, or probate court for the county in which any part of the affected territory is located. If an appeal is brought, the matters determined at the original hearing shall be tried de novo, and the circuit court's, superior court's, or probate court's order may be appealed in the same manner as other civil actions are tried and appealed. The municipality involved in the disannexation may, by its attorney, appear and defend its interests in the proceeding.(b) The appellant or appellants in the circuit court, superior court, or probate court shall give to the clerk of the municipality a bond:(1) with a solvent, freehold surety who is a resident of the county in which the territory is located;(2) conditioned on the due prosecution of the appeal and the payment of all costs accrued by or to accrue against the appellant or appellants; and(3) in a sum considered adequate by the clerk.If the clerk approves the bond, the clerk shall immediately make a transcript of all proceedings in the cause and certify it, together with all papers in the cause, to the clerk of the court in which the appeal is filed.(c) On an appeal under this section, a court may make orders concerning streets and alleys, including their vacation, and award damages.[Pre-Local Government Recodification Citations: 18-5-10-47; 18-5-10-48; 18-5-10-52.]As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.84-2016, SEC.171.
IN Code § 36-4-3-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 4. Government of Cities and Towns Generally|Chapter 3. Municipal Annexation and Disannexation|36-4-3-20. Disannexation; Limitation on Subsequent Proceedings

Sec. 20. After the termination of a disannexation proceeding under this chapter, a subsequent disannexation proceeding affecting the same property and asking for the same relief may not be initiated for a period of two (2) years.[Pre-Local Government Recodification Citation: 18-5-10-49.]As added by Acts 1980, P.L.212, SEC.3.