Citations Affected: IC 36-4-3.
Synopsis: Annexation. Allows at least 50% of the owners of land in
annexed territory to file a written remonstrance if the county executive
of the county in which the annexing municipality is located adopts a
resolution disapproving the annexation.
Effective: July 1, 2007.
January 23, 2007, read first time and referred to Committee on Rules and Legislative
Procedures.
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
whether the remonstrance has the necessary signatures. In determining
the total number of landowners of the annexed territory and whether
signers of the remonstrance are landowners, the names appearing on
the tax duplicate for that territory constitute prima facie evidence of
ownership. Only one (1) person having an interest in each single
property, as evidenced by the tax duplicate, is considered a landowner
for purposes of this section.
(c) If the court determines that the remonstrance is sufficient, it shall
fix a time, within sixty (60) days of its determination, for a hearing on
the remonstrance. Notice of the proceedings, in the form of a summons,
shall be served on the annexing municipality. The municipality is the
defendant in the cause and shall appear and answer.
(d) If an annexation is initiated by property owners under section 5.1
of this chapter and all property owners within the area to be annexed
petition the municipality to be annexed, a remonstrance to the
annexation may not be filed under this section.
(e) This subsection applies if:
(1) the territory to be annexed consists of not more than one
hundred (100) parcels; and
(2) eighty percent (80%) of the boundary of the territory proposed
to be annexed is contiguous to the municipality.
An annexation may be appealed by filing with the circuit or superior
court of a county in which the annexed territory is located a written
remonstrance signed by at least seventy-five percent (75%) of the
owners of land in the annexed territory as determined under subsection
(b).
(f) If the county executive of the county in which the
municipality is located adopts a resolution disapproving the
annexation not later than ten (10) days after the publication of the
annexation ordinance under section 7 of this chapter, the
annexation may be appealed by filing with the circuit or superior
court of a county in which the annexed territory is located a
written remonstrance signed by at least fifty percent (50%) of the
owners of land in the annexed territory as determined under
subsection (b). This subsection does not exempt a municipality
from obtaining the consent of a county executive before annexing
territory if required under section 9.1 of this chapter.
met:
(1) The requirements of either subsection (b) or (c).
(2) The requirements of subsection (d).
(b) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality.
(2) One (1) of the following:
(A) The resident population density of the territory sought to
be annexed is at least three (3) persons per acre.
(B) Sixty percent (60%) of the territory is subdivided.
(C) The territory is zoned for commercial, business, or
industrial uses.
(c) The requirements of this subsection are met if the evidence
establishes the following:
(1) That the territory sought to be annexed is contiguous to the
municipality as required by section 1.5 of this chapter, except that
at least one-fourth (1/4), instead of one-eighth (1/8), of the
aggregate external boundaries of the territory sought to be
annexed must coincide with the boundaries of the municipality.
(2) That the territory sought to be annexed is needed and can be
used by the municipality for its development in the reasonably
near future.
(d) The requirements of this subsection are met if the evidence
establishes that the municipality has developed and adopted a written
fiscal plan and has established a definite policy, by resolution of the
legislative body as set forth in section 3.1 of this chapter. The fiscal
plan must show the following:
(1) The cost estimates of planned services to be furnished to the
territory to be annexed. The plan must present itemized estimated
costs for each municipal department or agency.
(2) The method or methods of financing the planned services. The
plan must explain how specific and detailed expenses will be
funded and must indicate the taxes, grants, and other funding to
be used.
(3) The plan for the organization and extension of services. The
plan must detail the specific services that will be provided and the
dates the services will begin.
(4) That planned services of a noncapital nature, including police
protection, fire protection, street and road maintenance, and other
noncapital services normally provided within the corporate
boundaries, will be provided to the annexed territory within one
(1) year after the effective date of annexation and that they will be
provided in a manner equivalent in standard and scope to those
noncapital services provided to areas within the corporate
boundaries regardless of similar topography, patterns of land use,
and population density.
(5) That services of a capital improvement nature, including street
construction, street lighting, sewer facilities, water facilities, and
stormwater drainage facilities, will be provided to the annexed
territory within three (3) years after the effective date of the
annexation in the same manner as those services are provided to
areas within the corporate boundaries, regardless of similar
topography, patterns of land use, and population density, and in
a manner consistent with federal, state, and local laws,
procedures, and planning criteria.
(e) At the hearing under section 12 of this chapter, the court shall do
the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court
finds that all of the conditions set forth in clauses (A) through (D)
and, if applicable, clause (E) exist in the territory proposed to be
annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) The annexation is not in the best interests of the owners of
land in the territory proposed to be annexed as set forth in
subsection (f).
(D) One (1) of the following opposes the annexation:
(i) At least sixty-five percent (65%) of the owners of land in
the territory proposed to be annexed.
(ii) At least fifty percent (50%) of the owners of land in
the territory proposed to be annexed, if the county
executive of the county in which the municipality is
located adopted a resolution disapproving the
annexation under section 11(f) of this chapter.
(ii) (iii) The owners of more than seventy-five percent (75%)
in assessed valuation of the land in the territory proposed to
be annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(E) This clause applies only to an annexation in which eighty
percent (80%) of the boundary of the territory proposed to be
annexed is contiguous to the municipality and the territory
consists of not more than one hundred (100) parcels. At least
seventy-five percent (75%) of the owners of land in the
territory proposed to be annexed oppose the annexation as
determined under section 11(b) of this chapter.
(f) The municipality under subsection (e)(2)(C) bears the burden of
proving that the annexation is in the best interests of the owners of land
in the territory proposed to be annexed. In determining this issue, the
court may consider whether the municipality has extended sewer or
water services to the entire territory to be annexed:
(1) within the three (3) years preceding the date of the
introduction of the annexation ordinance; or
(2) under a contract in lieu of annexation entered into under
IC 36-4-3-21.
The court may not consider the provision of water services as a result
of an order by the Indiana utility regulatory commission to constitute
the provision of water services to the territory to be annexed.
(g) This subsection applies only to cities located in a county having
a population of more than two hundred thousand (200,000) but less
than three hundred thousand (300,000). However, this subsection does
not apply if on April 1, 1993, the entire boundary of the territory that
is proposed to be annexed was contiguous to territory that was within
the boundaries of one (1) or more municipalities. At the hearing under
section 12 of this chapter, the court shall do the following:
(1) Consider evidence on the conditions listed in subdivision (2).
(2) Order a proposed annexation not to take place if the court
finds that all of the following conditions exist in the territory
proposed to be annexed:
(A) The following services are adequately furnished by a
provider other than the municipality seeking the annexation:
(i) Police and fire protection.
(ii) Street and road maintenance.
(B) The annexation will have a significant financial impact on
the residents or owners of land.
(C) One (1) of the following opposes the annexation:
(i) A majority of the owners of land in the territory proposed
to be annexed.
(ii) The owners of more than seventy-five percent (75%) in
assessed valuation of the land in the territory proposed to be
annexed.
Evidence of opposition may be expressed by any owner of land
in the territory proposed to be annexed.
(h) The most recent:
(1) federal decennial census;
(2) federal special census;
(3) special tabulation; or
(4) corrected population count;
shall be used as evidence of resident population density for purposes
of subsection (b)(2)(A), but this evidence may be rebutted by other
evidence of population density.