Title 36, LOCAL GOVERNMENT

Sec. 5. (a) To be eligible to serve as a member of the fiscal body, a person must meet the qualifications prescribed by IC 3-8-1-22. (b) A member of the fiscal body must reside within: (1) the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana;…

Sec. 6. (a) At its regular meeting required by section 7(b)(1) of this chapter, the fiscal body shall elect a president and president pro tempore from its members. (b) The county auditor is the clerk of the fiscal body and shall do the following: (1) Preserve the fiscal body's re…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. (a) The fiscal body shall hold its meetings in the county seat, in the county auditor's office, or in another location provided by the county executive …

Sec. 8. A member of the fiscal body who purchases a bond, order, claim, or demand against the county for less than its face value shall forfeit it to the county and may not enforce it by legal action. [Pre-Local Government Recodification Citation: 17-1-24-13.] As added by Acts 19…

Sec. 9. The fiscal body may: (1) expel any member for violation of an official duty; (2) declare the seat of any member vacant if the member is unable or fails to perform the duties of the member's office; and (3) adopt its own rules to govern proceedings under this section, but …

Sec. 1. This chapter applies to each consolidated city and its county. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.2.

Sec. 10. (a) The board of commissioners of the county is composed of the county treasurer, the county auditor, and the county assessor. These officers shall serve ex officio as commissioners without additional compensation for performing the duties of the board. (b) The board of …

Sec. 2. (a) A mayor, who is the executive of both the consolidated city and the county, shall be elected under IC 3-10-6 by the voters of the whole county. (b) To be eligible to serve as the executive, a person must meet the qualifications prescribed by IC 3-8-1-24. (c) The term …

Sec. 3. (a) Whenever the executive is absent from the county, ill, or injured, the executive may designate one (1) of the executive's deputies as acting executive, with all the powers of the office. The executive may exercise this power for a maximum of fifteen (15) days in any s…

Sec. 4. (a) The executive must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. (b) The office of executive becomes vacant whenever the executive: (1) dies, resigns, or is removed from office; (2) ceases to be a resident of…

Sec. 5. As the chief officer of the executive branch of the consolidated city government as provided by IC 36-4-4, the executive shall supervise the work of the departments of the consolidated city, its special service districts, and its special taxing districts. [Pre-Local Gover…

Sec. 6. The executive shall approve or veto ordinances and resolutions of the legislative body under IC 36-3-4. [Pre-Local Government Recodification Citation: 18-4-5-2 part.] As added by Acts 1980, P.L.212, SEC.2.

Sec. 7. The executive may investigate the work of those under the executive's supervision and require reports from them. The executive may examine any records of the consolidated city. [Pre-Local Government Recodification Citation: 18-4-4-1 part.] As added by Acts 1980, P.L.212, …

Sec. 8. The executive shall make the appointments prescribed by IC 36-3-5 and all other appointments required by statute to be made by the executive of a consolidated or first class city or a county having such a city. [Pre-Local Government Recodification Citations: 18-4-3-4 part…

Sec. 9. The executive shall perform the duties and exercise the powers prescribed for the board of commissioners of the county by statutes other than this title, except for the following: (1) Duties and powers vested in the city-county legislative body by IC 36-3-4. (2) Duties an…

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…

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.

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.…

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 territ…

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 chapte…

Sec. 1.7. (a) This section applies only to an annexation ordinance adopted after June 30, 2015. This section does not apply to an annexation under section 5.1 of this chapter. (b) Not earlier than six (6) months before a municipality introduces an annexation ordinance, the munici…

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 t…

Sec. 11. (a) This subsection applies only to an annexation for which an annexation ordinance was adopted before July 1, 2015. Except as provided in section 5.1(i) of this chapter and subsections (e) and (f), whenever territory is annexed by a municipality under this chapter, the …

Sec. 11.1. (a) This section applies only to an annexation ordinance adopted after June 30, 2015. (b) After a municipality adopts an annexation ordinance in accordance with all applicable notice and hearing requirements under this chapter, the annexation may not proceed unless the…

Sec. 11.2. (a) This section applies only to an annexation ordinance adopted after June 30, 2015. (b) A remonstrance petition may be filed by an owner of real property that: (1) is within the area to be annexed; (2) was not exempt from property taxes under IC 6-1.1-10 or any other…

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 annexe…

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…