Title 36, LOCAL GOVERNMENT

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…

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…

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 tha…

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.

Sec. 1. This chapter applies to all towns. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.4.

Sec. 2. (a) As used in this section, "compensation" means the total of all money paid to an elected town officer for performing duties as a town officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to an elected tow…

Sec. 3. Before the publication (before January 1, 2015) and before the submission of notice of budget estimates required by IC 6-1.1-17-3, each town shall formulate a budget estimate for the ensuing budget year in the following manner, unless it provides by ordinance for a differ…

Sec. 4. The town fiscal officer shall present the report of budget estimates to the town legislative body under IC 6-1.1-17. After reviewing the report, the legislative body shall prepare an ordinance fixing the rate of taxation for the ensuing budget year and an ordinance making…

Sec. 5. After the passage of the appropriation ordinance, the town legislative body may make further or additional appropriations by ordinance, unless their result is to increase the tax levy set under IC 6-1.1-17. The legislative body may, by ordinance, decrease any appropriatio…

Sec. 6. (a) As used in this section, "compensation" means the total of all money paid to an elected town officer for performing duties as a town officer, regardless of the source of funds from which the money is paid. The term includes all employee benefits paid to a town officer…

Sec. 0.1. The amendments made to sections 1, 2, 10, 11, and 16 of this chapter by P.L.220-1986 do not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be consi…

Sec. 1. (a) Section 2 of this chapter applies only to areas subject to the jurisdiction of no plan commission under this article. (b) Sections 3 through 9 of this chapter apply only to: (1) areas subject to the jurisdiction of an advisory plan commission under this article; and (…

Sec. 10. (a) The owners of land in a plat may vacate all or part of that plat under: (1) this section; or (2) IC 36-7-4-711. (b) In a case in which all the owners of land in a plat are in agreement regarding a proposed vacation, the owners may file a written instrument to vacate …

Sec. 12. (a) Persons who: (1) own or are interested in any lots or parts of lots; and (2) want to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots; may file a petition for vacation with the legislative body of: (A) a municipality,…

Sec. 13. (a) A remonstrance or objection permitted by section 12 of this chapter may be filed or raised by any person aggrieved by the proposed vacation, but only on one (1) or more of the following grounds: (1) The vacation would hinder the growth or orderly development of the u…

Sec. 14. (a) If any platted land is vacated, the descriptions of the lots and parcels of that land shall be preserved as set forth in the plat, with the proportionate parts of vacated streets and alleys added as provided by law, unless all the owners of land in the vacated area c…

Sec. 15. After the termination of a vacation proceeding under this chapter, a subsequent vacation proceeding affecting the same property and asking for the same relief may not be initiated for two (2) years. [Pre-Local Government Recodification Citation: 18-5-10-49.] As added by …

Sec. 16. (a) Platted easements may be vacated in the same manner as public ways and public places, in accordance with section 12 of this chapter or with IC 36-7-4-712, whichever is applicable. (b) Notwithstanding this article, vacation proceedings do not deprive a public utility …

requisites, approval, and recording of plat Sec. 2. (a) A person who lays out a subdivision of lots or lands outside the corporate boundaries of any municipality shall record a correct plat of the subdivision in the office of the recorder of the county before selling any lots in …

Sec. 3. (a) A person who lays out: (1) a town; (2) an addition to a municipality; or (3) a subdivision of lots or lands within the corporate boundaries of a municipality; shall record a correct plat of the town, addition, or subdivision in the office of the recorder of the county…

Sec. 4. (a) A municipality that does not have a sufficient survey and plat of its corporate territory may, by a resolution of its legislative body passed by a two-thirds (2/3) vote, order a survey and plat of the municipality. When the survey and plat have been made, the legislat…

Sec. 5. (a) If there are five (5) or more specific tracts of land in a municipality that: (1) approximate in size any of the platted lots in the municipality; (2) are not platted or numbered; and (3) are near or contiguous to each other; the municipal legislative body may cause t…

Sec. 6. (a) Before a survey of a municipality is made under this chapter, the municipal legislative body must declare, by resolution, the necessity for making the survey or plat. The resolution must describe and embrace all tracts to be included in the plat, with the description …

Sec. 7. (a) In making a survey of a municipality under this chapter, a professional surveyor shall adhere as nearly as possible to boundary lines between tracts. If the owners of adjacent tracts do not agree on the location of the boundary line between them, the professional surv…

Sec. 8. (a) When a plat is filed under section 7 of this chapter, the municipal clerk shall immediately give notice, in accordance with IC 5-3-1, that on a specified day, at an hour and place named in the notice, the municipal legislative body will meet to consider the profession…