Sec. 15. (a) A petition against the establishment of a district may be presented to the court:
(1) at the hearing on a petition; or
(2) at any time thereafter before the fifth day before the hearing day initially ordered by the court after the receipt of the commission's report.
(b) If the court finds a petition against the establishment of a district contains the signatures of:
(1) at least fifty-one percent (51%) of the freeholders in the proposed district; or
(2) the freeholders who own at least sixty-six and two-thirds percent (66 2/3%) as determined by the assessed valuation of the real property in the proposed district;
the court shall dismiss the petition for the establishment of the district.
(c) Sections 3 and 6 of this chapter apply to this section.
(d) The fifth day before the hearing date initially ordered by the court after the receipt of the commission's report is the last date on which a petition to withdraw signatures may be filed.
[Pre-1995 Recodification Citation: 13-3-3-20.]
As added by P.L.1-1995, SEC.26.
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