reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-4. Election; Date; Notice

Sec. 4. (a) If petitions are filed under section 3 of this chapter, the legislative body of each municipality involved in the proposed merger shall meet and by resolution fix a date for the election. The date must be the same in each of the municipalities, and may not be more than three (3) months after the date of the filing of the petitions.
(b) Notice of an election under section 3 of this chapter must be given by publication in each municipality in the manner prescribed by IC 5-3-1.
[Pre-Local Government Recodification Citations: 18-5-10-10 part; 18-5-10-11 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.4; Acts 1981, P.L.45, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-5. Petition Proposing Name of Municipality; Submission to Electorate

Sec. 5. (a) If, at least thirty (30) days before an election held under section 3 of this chapter, voters of each municipality involved in the election file with each of their municipal clerks a petition signed by at least the number of voters required under IC 3-8-6-3 to place a candidate on the ballot in each of the municipalities and proposing a name for the new municipality, the election board shall place that name on the ballot for the election. The election board shall list names added to the ballot under this subsection in the order in which the petitions proposing them were received, but shall place them after the name included on the ballot under section 2 of this chapter.
(b) The names proposed under this section shall be submitted as public questions in the form prescribed by IC 3-10-9-4 and must state "Shall the merged municipality be named _________________?".
[Pre-Local Government Recodification Citations: 18-5-10-11 part; 18-5-10-13.]
As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1980, P.L.73, SEC.5; P.L.3-1987, SEC.555; P.L.12-1995, SEC.128.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-6. Place of Election; Manner; Expense; Voting

Sec. 6. (a) An election held under section 3 of this chapter shall be held in each municipality in the manner prescribed by IC 3-10-8-6. Each municipality is responsible for the expense of the election within its own corporate boundaries.
(b) A voter in an election held under section 3 of this chapter may:
(1) vote "Yes" or "No" on the proposed merger; and
(2) vote in favor of one (1) proposed name listed on the ballot under section 5 of this chapter.
[Pre-Local Government Recodification Citation: 18-5-10-11 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-7. Filing of Returns of Election; Effect

Sec. 7. (a) After an election held under section 3 of this chapter, the election board shall file with the clerk of each municipality the returns of the election in each voting precinct in the manner prescribed by IC 3-12-4.
(b) Within ten (10) days after an election held under section 3 of this chapter, the election board shall certify and file with:
(1) the legislative bodies of the municipalities; and
(2) the county auditor;
a copy of the result of the election in each municipality. The county auditor shall enter the copy the county auditor receives in the records of the county executive.
(c) If, in an election held under section 3 of this chapter, a majority of the votes cast in each of the municipalities is in favor of the merger, the municipalities are merged under the terms prescribed by sections 9 through 17 of this chapter. After the merger becomes effective, the name of the new municipality is the name receiving the highest number of votes at the election.
[Pre-Local Government Recodification Citations: 18-5-10-11 part; 18-5-10-12.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1986, SEC.46; P.L.127-2017, SEC.123.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-8. Election Year Under This Chapter

Sec. 8. An election held under section 2 or 3 of this chapter may not be held in a calendar year in which a general municipal election is to be held.
[Pre-Local Government Recodification Citation: 18-5-10-14 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-9. Effective Date of Merger; Effect of Merger

Sec. 9. (a) A merger approved under this chapter takes effect when:
(1) the officers of the new municipality are elected and qualified, as prescribed by section 13 of this chapter; and
(2) a copy of the agreement under section 2 of this chapter or the certified election results under section 7 of this chapter are filed with:
(A) the office of the secretary of state; and
(B) the circuit court clerk of each county in which the municipality is located.
(b) On the effective date of the merger, the merging municipalities cease to exist and are merged into a single municipality of the class created by the combined population of the merging municipalities. The new municipality shall be governed by the laws applicable to that class.
[Pre-Local Government Recodification Citations: 18-5-10-14 part; 18-5-10-17 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.5-1989, SEC.90; P.L.3-1997, SEC.454; P.L.123-2000, SEC.4; P.L.113-2010, SEC.115; P.L.104-2022, SEC.153.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-10. Election of Officers at Large and by District

Sec. 10. At the next general municipal election after a vote in favor of a merger at an election held under section 2 or 3 of this chapter, one (1) set of officers for a municipality having the combined population of the merging municipalities shall be elected by the voters of the merging municipalities as prescribed by statute, except that:
(1) one (1) member of the municipal legislative body shall be elected from each district established under section 12 of this chapter; and
(2) the total number of at large members prescribed by statute for the municipal legislative body shall be elected.
[Pre-Local Government Recodification Citation: 18-5-10-14 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-11. Joint Election Board; Members; Powers and Duties

Sec. 11. (a) The election prescribed by section 10 of this chapter shall be conducted in the manner prescribed by the applicable election statutes, except that there must be a joint election board for the new municipality in place of separate boards for each of the merging municipalities. The joint election board consists of:
(1) the clerks of each of the merging municipalities; and
(2) three (3) persons appointed by the executive of the county in which the merging municipalities are located, not more than two (2) of whom are resident voters of one (1) of the merging municipalities.
(b) In order to conduct the election prescribed by section 10 of this chapter, the joint election board shall meet and organize in the manner prescribed by IC 3-6 for election boards and has the same powers and duties as those boards. All subsequent primary and general elections in the new municipality shall be held in the manner prescribed by statute.
[Pre-Local Government Recodification Citation: 18-5-10-15.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.7-1983, SEC.36; P.L.5-1986, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-12. Joint Session of Legislative Bodies of Merging Municipalities; Resolution to Fix Boundaries of Districts; Exclusion of Territory in Any Territory or Inclusion of Territory in More Than One District; Certification, Attestation, and Filing of Resolution

Sec. 12. (a) The legislative bodies of municipalities that vote to merge under this chapter shall meet in joint session at the hall of the municipality having the largest population at 8 p.m. on the second Monday of January of the next year in which a general municipal election is to be held. At the joint meeting, the legislative bodies shall:
(1) elect a presiding officer and clerk; and
(2) fix, by joint resolution, the boundaries of the districts from which members will be elected to the legislative body of the new municipality.
The legislative bodies shall fix the district boundaries so that, as nearly as is possible, all parts of the merging municipalities have equal representation in the legislative body of the new municipality. The district boundaries fixed under this subsection constitute the district boundaries for the new municipality until they are altered by the legislative body of the new municipality.
(b) If any territory in the municipality is not included in one (1) of the districts established under subsection (a), the territory is included in the district that:
(1) is contiguous to that territory; and
(2) contains the least population of all districts contiguous to that territory.
(c) If any territory in the municipality is included in more than one (1) of the districts established under subsection (a), the territory is included in the district that:
(1) is one (1) of the districts in which the territory is described in the joint resolution adopted under subsection (a);
(2) is contiguous to that territory; and
(3) contains the least population of all districts contiguous to that territory.
(d) A copy of the joint resolution passed under subsection (a) shall be:
(1) certified by the presiding officer;
(2) attested by the clerk; and
(3) filed with the legislative body of each of the merging municipalities and the circuit court clerk of each county in which the municipalities are located.
[Pre-Local Government Recodification Citation: 18-5-10-16.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.3-1993, SEC.261.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-13. Elected Officers; Date of Taking Office

Sec. 13. Officers elected under section 10 of this chapter shall qualify and take office at noon on the first Monday of January after their election.
[Pre-Local Government Recodification Citation: 18-5-10-17 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-14. Elected Officers; Delivery of Money, Property, and Records by Officers of Merging Municipalities to Successors

Sec. 14. Officers elected under section 10 of this chapter are the successors in office of the officers of municipalities merging under this chapter. When the officers elected under section 10 of this chapter take office, each officer of the merging municipalities shall deliver to the officer's successor in office all money, property, and records pertaining to the office.
[Pre-Local Government Recodification Citation: 18-5-10-17 part.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.127-2017, SEC.124.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-15. Terms of Office of Elective and Appointed Officers of Merging Municipalities

Sec. 15. The terms of office of elective and appointive officers of municipalities merging under this chapter are not shortened by the merger. The officers shall serve out the respective terms of office to which they have been elected or appointed at the time of the election on the proposed merger.
[Pre-Local Government Recodification Citation: 18-5-10-14 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-16. Effect of Merger; Rights, Powers, and Liabilities; Pending Actions

Sec. 16. (a) After a merger under this chapter takes effect, the new municipality:
(1) has all the rights, powers, privileges, immunities, and obligations of the merging municipalities;
(2) is liable for all the debts, contracts, and liabilities of the merging municipalities;
(3) is entitled to all the rights, credits, monies, and properties of the merging municipalities; and
(4) may, in the name adopted in the merger, sue and be sued in relation to the debts, contracts, liabilities, rights, credits, monies, and properties of the merging municipality.
(b) After a merger under this chapter takes effect, pending actions that involve municipalities taking part in the merger shall be prosecuted to final judgment and execution, and judgments rendered in those actions may be executed and enforced against the new municipality without any change of the name of the plaintiff or defendant.
[Pre-Local Government Recodification Citations: 18-5-10-8 part; 18-5-10-17 part; 18-5-10-18.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 2. Merger of Adjoining Municipalities › 36-4-2-17. Effect of Merger; Ordinances, Rules, and Resolutions; Continuation

Sec. 17. After a merger under this chapter takes effect, the ordinances, rules, resolutions, bylaws, and regulations of each of the merging municipalities remain in force within the territory to which they applied before the merger, and continue in force until amended or repealed by the legislative body or an administrative body of the new municipality.
[Pre-Local Government Recodification Citation: 18-5-10-17 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of sections 8.5 and 8.6 (before its repeal) of this chapter by P.L.379-1987(ss) applies to taxable years that begin after January 1, 1987.
(2) The amendments made to section 4 of this chapter by P.L.379-1987(ss) apply to taxable years that begin after January 1, 1987.
As added by P.L.220-2011, SEC.649.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities except consolidated cities. However, sections 3 and 21 of this chapter do not apply to towns.
[Pre-Local Government Recodification Citations: Part new; 18-4-2-34 part; 18-4-15-1 part.]
As added by Acts 1980, P.L.212, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-1.4. Annexation Prohibited While Reorganization Pending

Sec. 1.4. If a township is a participant in a proposed reorganization under IC 36-1.5-4-1(a)(2), IC 36-1.5-4-1(a)(7), or IC 36-1.5-4-1(a)(8), a municipality may not adopt an annexation ordinance annexing territory within the township within the period set forth in IC 36-1.5-4-45.
As added by P.L.202-2013, SEC.31.
2023 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.
2023 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.
2023 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.
2023 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 or 5.2 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; P.L.70-2022, SEC.2.
2023 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.
2023 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.
2023 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) and section 5.2 of this chapter, 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; P.L.70-2022, SEC.4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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. 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; P.L.104-2022, SEC.156.
2023 Indiana Code › Title 36. Local Government › Article 4. Government of Cities and Towns Generally › Chapter 3. Municipal Annexation and Disannexation › 36-4-3-7.2. Effective Date of Certain Annexations Involving Fire Protection Districts

Sec. 7.2. (a) This section applies to an annexation that satisfies all of the following:
(1) The annexation ordinance is adopted after December 31, 2020.
(2) The annexation is initiated by property owners under section 5.1 of this chapter in which all property owners within the annexation territory petition the municipality to be annexed.
(3) All or part of the annexation territory is within a fire protection district that was established after July 1, 1987.
(4) At least a majority of the members of the board of trustees of the fire protection district adopt a resolution consenting to the annexation.
(5) The portion of the annexation territory located within the fire protection district constitutes less than three percent (3%) of the total net assessed value (as determined by the county auditor) of the fire protection district on the date the annexation ordinance is adopted.
(b) Section 7(b), 7(c), and 7(e) of this chapter apply to an annexation under this section.
(c) Section 7(a), 7(d), 7(f), and 7(g) of this chapter do not apply to an annexation under this section.
(d) After an annexation ordinance is adopted, the ordinance must be published in the manner prescribed by IC 5-3-1. In the absence of an appeal under section 15.5 of this chapter, the annexation ordinance takes effect at least thirty (30) days after its publication and upon the filing required by section 22(a) of this chapter.
As added by P.L.23-2022, SEC.2.
2023 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.
2023 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.
2023 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) and less than three hundred thousand (300,000), 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; P.L.104-2022, SEC.157.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.