Citations Affected: IC 36-9.
Synopsis: Waiver of the right to remonstrate against annexation.
Provides that if a person releases the person's right to remonstrate
against an annexation as part of a contract with a municipality for
providing sewer service to the person's property, the release is not
binding on a successor in title to the property unless, for sewer
contracts executed after June 30, 2013, the successor in title: (1) has
actual notice of the release; or (2) has constructive notice of the release
because the contract has been entered and recorded in the chain of title
of the property.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Local Government.
January 24, 2013, reported favorably _ Do Pass.
January 29, 2013, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
them;
of a fair pro rata share of the cost of the construction of the sewage
works, subject to the rules of the board and notwithstanding any other
law relating to the functions of local governmental entities. However,
the contract does not apply to any owner of real property who is not a
party to it unless it has been recorded in the office of the recorder of the
county in which the real property of the owner is located before the
owner taps into or connects to the sewers and facilities. The board may
provide that the fair pro rata share of the cost of construction includes
interest at a rate not exceeding the amount of interest allowed on
judgments, and the interest shall be computed from the date the sewage
works are approved until the date payment is made to the municipality.
(c) The contract must include, as part of the consideration running
to the municipality, the release of the right of the parties to the contract
and their successors in title to remonstrate against pending or future
annexations by the municipality of the area served by the sewage
works. Any person tapping into or connecting to the sewage works
contracted for is considered to waive his the person's rights to
remonstrate against the annexation of the area served by the sewage
works.
(d) This subsection does not affect any rights or liabilities
accrued, or proceedings begun before July 1, 2013. Those rights,
liabilities, and proceedings continue and shall be imposed and
enforced under prior law as if this subsection had not been enacted.
For contracts executed after June 30, 2013, the release of the right
to remonstrate is binding on a successor in title to a party to the
contract only if the successor in title:
(1) has actual notice of the release; or
(2) has constructive notice of the release because the contract
has been entered and recorded in the chain of title of the
property.
(d) (e) Subsection (c) does not apply to a landowner if all of the
following conditions apply:
(1) The landowner is required to connect to the sewage works
because a person other than the landowner has polluted or
contaminated the area.
(2) The costs of extension of or connection to the sewage works
are paid by a person other than the landowner or the municipality.
the municipality; and
(2) any territory, town, addition, platted subdivision, or unplatted
land lying outside the corporate boundaries of the municipality
that has been taken into the district in accordance with a prior
statute, the sewage or drainage of which discharges into or
through the sewage system of the municipality;
constitutes a special taxing district for the purpose of providing for the
sanitary disposal of the sewage of the district in a manner that protects
the public health and prevents the undue pollution of watercourses of
the district.
(b) Upon request by:
(1) a resolution adopted by the legislative body of another
municipality in the same county; or
(2) a petition of the majority of the resident freeholders in a
platted subdivision or of the owners of unplatted land outside the
boundaries of a municipality, if the platted subdivision or
unplatted land is in the same county;
the board may adopt a resolution incorporating all or any part of the
area of the municipality, platted subdivision, or unplatted land into the
district.
(c) A request under subsection (b) must be signed and certified as
correct by the secretary of the legislative body, resident freeholders, or
landowners. The original shall be preserved in the records of the board.
The resolution of the board incorporating an area in the district must be
in writing and must contain an accurate description of the area
incorporated into the district. A certified copy of the resolution, signed
by the president and secretary of the board, together with a map
showing the boundaries of the district and the location of additional
areas, shall be delivered to the auditor of the county within which the
district is located. It shall be properly indexed and kept in the
permanent records of the offices of the auditor.
(d) In addition, upon request by ten (10) or more interested resident
freeholders in a platted or unplatted territory, the board may define the
limits of an area within the county and including the property of the
freeholders that is to be considered for inclusion into the district.
Notice of the defining of the area by the board, and notice of the
location and limits of the area, shall be given by publication in
accordance with IC 5-3-1. Upon request by a majority of the resident
freeholders of the area, the area may be incorporated into the district in
the manner provided in this section. The resolution of the board
incorporating the area into the district and a map of the area shall be
made and filed in the same manner.
administrator, heir, devisee, grantee, successor, or assign of a party
to a sewer service agreement under subsection (g) only if the
executor, administrator, heir, devisee, grantee, successor, or
assign:
(1) has actual notice of the waiver; or
(2) has constructive notice of the waiver because the sewer
agreement has been entered and recorded in the chain of title
of the property.
(h) (i) This section does not affect any sewer service agreements
entered into before March 13, 1953.
(i) (j) Subsection (g) does not apply to a landowner if all of the
following conditions apply:
(1) The landowner is required to connect to a sewer service
because a person other than the landowner has polluted or
contaminated the area.
(2) The costs of extension of service or connection to the sewer
service are paid by a person other than the landowner or the
municipality.