Sec. 12. (a) This subsection applies only to a petition by freeholders. The petitioners shall give notice of hearing on the petition as follows:
(1) By publication in two (2) newspapers of general circulation in each county having land in the proposed district, three (3) times at successive weekly intervals. The first publication must be at least thirty (30) days before the date of the hearing. If there is only one (1) newspaper of general circulation in a county, three (3) publications in that newspaper are sufficient.
(2) By mailing a copy of the notice at least twenty (20) days before the date of the hearing, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district, according to the records of the county auditor. The person having the notice mailed shall file an affidavit with the court showing the following:
(A) The names of the persons to whom notice was sent.
(B) The address to which the notice was sent.
(C) The date on which the notice was mailed.
(b) This subsection applies only to a petition by a municipality under section 7 of this chapter. The municipality shall give notice of hearing as follows:
(1) By publication for three (3) consecutive weeks:
(A) with each publication of notice in two (2) newspapers of general circulation in each county having land in the proposed district or if there is only one (1) newspaper, publication in that newspaper is sufficient; or
(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:
(i) in accordance with IC 5-3-5; and
(ii) on the official web site of the municipality.
The first publication of notice must be at least thirty (30) days before the date of the hearing.
(2) By mailing a copy of the notice at least twenty (20) days before the date of the hearing, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district, according to the records of the county auditor. The person having the notice mailed shall file an affidavit with the court showing the following:
(A) The names of the persons to whom notice was sent.
(B) The address to which the notice was sent.
(C) The date on which the notice was mailed.
[Pre-1995 Recodification Citation: 13-3-3-17.]
As added by P.L.1-1995, SEC.26. Amended by P.L.152-2021, SEC.19.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 33. Conservancy Districts
14-33-2-2. Minimum Number of Freeholders Signing Petition; Requirements
14-33-2-3. Number of Freeholds in District; Number of Freeholders Qualified to Sign Petition
14-33-2-4. Contents of Petition
14-33-2-5. Motion for Dismissal of Petition
14-33-2-6. Petition in Several Counterparts
14-33-2-7. Petition by Municipality
14-33-2-10. Transfer to Court Having Jurisdiction
14-33-2-11. Docket; Hearing Date
14-33-2-12. Notice of Hearing on Petition
14-33-2-13. Notice of Further Proceedings
14-33-2-14. Notice of Hearing; Contents
14-33-2-15. Petition Against Establishment of a District
14-33-2-16. Petition Requirements and Conformity
14-33-2-17. Commission's Determination and Report
14-33-2-18. Commission's Determination and Report for Certain Counties
14-33-2-19. Commission's Hearings to Determine Facts
14-33-2-21. Purpose Within Jurisdiction of Another Agency
14-33-2-22. Report of Commission's Findings
14-33-2-23. Report as Prima Facie Evidence of Facts
14-33-2-24. Amendments to Petition
14-33-2-25. Court Hearing; Notice
14-33-2-26. Court's Determination
14-33-2-27. Order Establishing District; Modification of Election Procedures