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Indiana General Assembly
Senate Bill 0114


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Senate Bill 0114

ARCHIVE (2008)

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DIGEST OF SB114 (Updated January 29, 2008 4:46 pm - DI 84)

Annexation. Allows a municipality to initiate an annexation only if: (1) the territory is noncontiguous and occupied by a municipally owned or operated airport or landing field, sanitary landfill, golf course, or hospital or is to be used for an industrial park and is owned by the municipality or by a property owner who consents to the annexation; (2) the land is contiguous agricultural land and owned by a property owner who consents to the annexation; or (3) all property owners in the territory provide written consent to the annexation. Prohibits a municipality from annexing a lake or pond of at least 20 acres unless the entire boundary of the municipality surrounds the lake or pond. Requires an annexation fiscal plan to be approved by the department of local government finance (department), after a hearing, before the municipality adopts an annexation ordinance. Allows the department to consider the written fiscal plan and information presented at the hearing. Prohibits a municipality from amending a fiscal plan after the plan is approved by the department. Allows a town to annex territory within three miles of a city without first obtaining the consent of the city. Provides that a waiver or release of the right of remonstrance against annexation: (1) is not a covenant that runs with the land or is binding on the successors in title to the real property; and (2) expires three years after the date the waiver or release is executed. With respect to an excessive levy appeal based on increased costs to a civil taxing unit resulting from annexation, consolidation, or other extensions of governmental services by the unit to additional geographic areas or persons: (1) eliminates the restriction against an appeal after 2009; (2) allows an appeal in the first year increased costs are incurred and the immediately succeeding four years; and (3) makes the excessive levy for a year a permanent part of the unit's maximum permissible levy for succeeding years. Provides that an annexation ordinance that was adopted after December 31, 2006, and has not taken effect, is void if the most recent examination report of the municipality by the state board of accounts finds that the municipality failed to observe a uniform compliance guideline or a specific law. Provides that territory may incorporate as a town without obtaining the consent of a city within a certain distance of its proposed boundaries, if the proposed town has an assessed value of at least $750,000,000 as shown by the most recent assessment. Prohibits a municipality from adopting an annexation ordinance, other than an ordinance petitioned for by landowners, after January 1, 2008, and before July 1, 2008. Repeals a provision that requires a town to obtain the consent of a city before annexing territory within three miles of the city.
    Current Status:
     In Committee - 2nd House
    Latest Printing (PDF)