Sec. 11.3. (a) This section applies only to an annexation ordinance adopted after June 30, 2015.
(b) An annexation ordinance is void if a written remonstrance petition is signed by one (1) of the following:
(1) At least sixty-five percent (65%) of the owners of land in the annexed territory. An owner of land may not:
(A) be counted in calculating the total number of owners of land in the annexation territory; or
(B) have the owner's signature counted on a remonstrance;
with regard to any single property that an owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.
(2) The owners of at least eighty percent (80%) in assessed valuation of the land in the annexed territory. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count the owner's signature on a remonstrance with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.
(c) The annexation may be appealed to the court under section 11 of this chapter, if a written remonstrance is signed by one (1) of the following:
(1) At least fifty-one percent (51%) but less than sixty-five percent (65%) of the owners of land. An owner of land may not:
(A) be counted in calculating the total number of owners of land in the annexation territory; or
(B) have the owner's signature counted on a remonstrance;
with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.
(2) The owners of at least sixty percent (60%) but less than eighty percent (80%) in assessed valuation of land in the annexed territory. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count an owner's signature on a remonstrance with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.
As added by P.L.228-2015, SEC.15.
Structure Indiana Code
Article 4. Government of Cities and Towns Generally
Chapter 3. Municipal Annexation and Disannexation
36-4-3-0.1. Application of Certain Amendments to Chapter
36-4-3-1. Application of Chapter
36-4-3-1.4. Annexation Prohibited While Reorganization Pending
36-4-3-1.5. Contiguous Territory; Annexation of Public Highway
36-4-3-1.6. Territory Covered by Lake
36-4-3-2. Territories Inside Corporate Boundaries of Another Municipality
36-4-3-2.1. Public Hearing; Notice
36-4-3-2.2. Hearing Notice to Landowners
36-4-3-2.5. "Public Highway" Defined
36-4-3-3. Annexation of Contiguous Territory; Authorization
36-4-3-3.1. Written Fiscal Plan
36-4-3-3.3. Application of Section 8 of This Chapter to Certain Annexation Ordinances
36-4-3-3.5. Annexation Ordinance; Contents
36-4-3-4. Annexation of Noncontiguous Territory
36-4-3-4-b. Annexation of Noncontiguous Territory
36-4-3-4.1. Property Tax Exemption for Agricultural Property
36-4-3-4.2. County Infrastructure Reimbursement
36-4-3-4.3. Property Owned by County Redevelopment Commission
36-4-3-4.5. Applicability of Ic 36-4-3-4(g)
36-4-3-5. Private Lands; Petition Requesting Ordinance to Annex; Filing; Proceedings
36-4-3-5.1. Petitions Signed by 100% of Landowners
36-4-3-5.2. Residential Developments
36-4-3-6. Effect of Certified Copy of Ordinance
36-4-3-7. Publication of Adopted Ordinance; Effectiveness; Fire Protection Districts
36-4-3-7-b. Publication of Adopted Ordinance; Effectiveness; Fire Protection Districts
36-4-3-7.1. Trial Court Hearing on Annexation
36-4-3-7.2. Effective Date of Certain Annexations Involving Fire Protection Districts
36-4-3-8. Terms and Conditions in Adopted Ordinance
36-4-3-8.5. Tax Abatement in Annexed Territory; Ordinance; Required Provisions
36-4-3-9. Town Annexing Within Proximity of City
36-4-3-9.1. Annexation of Territory Within County; Requirements
36-4-3-11. Remonstrances; Filing; Determination of Signatures; Hearing
36-4-3-11.1. Filing of Remonstrance With County Auditor; Notice; Locations for Signing Remonstrance
36-4-3-11.2. Remonstrance Signature Requirements; Remonstrance Forms; Procedure
36-4-3-11.4. Signature Requirements for Annexation Involving an Economic Development Project
36-4-3-11.5. Waiver of Remonstrance Not Required
36-4-3-11.6. Attorney's Fees and Costs for Prevailing Remonstrators
36-4-3-11.7. Remonstrance Waivers; Expiration; Notice to Property Owner
36-4-3-12. Remonstrances; Hearing; Judgment
36-4-3-13. Remonstrances; Hearing; Order; Requirements
36-4-3-14. Remonstrances; Hearing; Change of Venue; Status of Annexation Pending
36-4-3-15. Remonstrances; Judgment; Repeal of Annexation; Effective Date of Annexation
36-4-3-15.3. Prohibition Against Annexation; Settlement Agreement
36-4-3-15.5. Appeals After Final Publication of Annexation Ordinance; Procedure
36-4-3-15.7. Appeal of Annexation Pending on January 1, 2014
36-4-3-17. Disannexation; Petition; Remonstrances; Hearing; Order
36-4-3-18. Disannexation; Appeal of Order; Bond; Scope of Order
36-4-3-20. Disannexation; Limitation on Subsequent Proceedings
36-4-3-21. Contracts With Owners or Lessees of Designated Properties in Lieu of Annexation
36-4-3-22. Filing and Recording Annexation Ordinances; Copies; Tax Records
36-4-3-22.1. Notice to Chairman of Alcohol and Tobacco Commission of Licensed Premises