Title 36, LOCAL GOVERNMENT

Sec. 11.4. (a) This section applies only to an annexation that meets all of the following requirements: (1) The annexation ordinance is adopted after December 31, 2016. (2) Notwithstanding the contiguity requirements of section 1.5 of this chapter, at least one-tenth (1/10) of th…

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…

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 attorne…

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 municipa…

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 waiv…

Sec. 12. The circuit or superior court shall: (1) on the date fixed under section 11 of this chapter, hear and determine the remonstrance without a jury; and (2) without delay, enter judgment on the question of the annexation according to the evidence that either party may introd…

Sec. 13. (a) Except as provided in subsection (e), at the hearing under section 12 of this chapter, the court shall order a proposed annexation to take place if the following requirements are met: (1) The requirements of either subsection (b) or (c). (2) The requirements of subse…

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 …

Sec. 15. (a) The court's judgment under section 12 or 15.5 of this chapter must specify the annexation ordinance on which the remonstrance is based. The clerk of the court shall deliver a certified copy of the final and unappealable judgment to the clerk of the municipality. The …

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…

Sec. 15.5. (a) Except as provided in subsection (b): (1) an owner of land within one-half (1/2) mile of territory proposed to be annexed under this chapter; or (2) a municipality located in the same county as the territory proposed to be annexed; may, not later than sixty (60) da…

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 sixt…

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 imp…

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 platt…

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 tr…

Sec. 19. (a) If disannexation is ordered under this chapter by the works board of a municipality and no appeal is taken, the clerk of the municipality shall, without compensation and not later than ten (10) days after the order is made, make and certify a complete transcript of t…

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 Recod…

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 h…

Sec. 2.2. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter or an annexation described in section 5.1 of this chapter. (b) Before a municipality may annex territory, the municipality shall provide written notice of the …

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…

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-…

Sec. 21. (a) In lieu of annexing contiguous territory or in cases not involving annexation, the executive and the proper administrative agency of a municipality, with the consent of the municipal legislative body, may enter into contracts with the owners or lessees of designated …

Sec. 21.1. (a) This section applies if: (1) one (1) or more contracts were entered into under section 21(a)(1) of this chapter between: (A) the executive and an administrative agency of a municipality; and (B) the owners or lessees of properties located outside the corporate boun…

Sec. 22. (a) The clerk of the municipality shall file: (1) each annexation ordinance against which: (A) a remonstrance or an appeal has not been filed during the period permitted under this chapter; or (B) a remonstrance was filed without a sufficient number of signatures to meet…

Sec. 22.1. Not later than ten (10) days after an annexation ordinance is filed under section 22 of this chapter, the annexing municipality shall provide notice to the chairman of the alcohol and tobacco commission in accordance with IC 7.1-4-9-7 of any licensed premises located w…

Sec. 24. (a) This section applies to a second class city located in Tippecanoe County. (b) Notwithstanding any other law, if a city annexed territory before March 1, 1990, and the annexation proceedings included a technical failure to describe a public way that separates the anne…

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 ch…

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 req…

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…

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 an…

Sec. 3.7. (a) Notwithstanding any other provision of this chapter, if a proposed annexation territory consists of: (1) land that: (A) is contiguous to the municipality under section 1.5 of this chapter; and (B) abuts, at least in part, one (1) side of the railroad tracks and rail…

Sec. 4. (a) The legislative body of a municipality may, by ordinance, annex any of the following: (1) Territory that is contiguous to the municipality. (2) Territory that is not contiguous to the municipality and is occupied by a municipally owned or operated as either of the fol…

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…

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…

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. …

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.

Sec. 5. (a) This subsection applies only to a petition requesting annexation that is filed before July 1, 2015. If the owners of land located outside of but contiguous to a municipality want to have territory containing that land annexed to the municipality, they may file with th…

Sec. 5.1. (a) Owners of land that is located outside but contiguous to a municipality or that is located in territory described in section 4(i) of this chapter may file a petition with the legislative body of the municipality: (1) requesting an ordinance annexing the area describ…

Sec. 5.2. (a) As used in this section, "homeowners association" means a corporation that satisfies all of the following: (1) The corporation is exempt from federal income taxation under 26 U.S.C. 528. (2) The control and management of the corporation is vested in a board of direc…

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 an…

Sec. 7. (a) After an ordinance is adopted under section 3, 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner prescribed by IC 5-3-1. Except as provided in subsection (b), (c), or (e), in the absence of remonstrance and appeal under section 11 or 15.5 of this c…

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 t…

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 a…

Sec. 7.3. (a) This section applies to an annexation that satisfies all of the following: (1) The annexation ordinance is adopted on October 7, 2024. (2) The annexation territory does not exceed fifty (50) acres. (3) All or part of the annexation territory is within a fire protect…

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 re…

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 appo…