Sec. 17. (a) The owner or owners of:
(1) fifty-one percent (51%) or more in number of the lots in an addition or subdivision to a municipality; or
(2) contiguous territory within the corporate boundaries of a municipality, constituting not less than one (1) entire block, if platted, and not less than one (1) acre, if not platted;
may file a petition for disannexation if any of the boundaries of the addition, subdivision, or contiguous territory forms part of the corporate boundary of the municipality. The petition must be filed with the works board of the municipality and must include a plat of the territory sought to be disannexed. Notice of the petition must be given in the manner prescribed by IC 5-3-1.
(b) A remonstrance against the granting of the petition may be filed by:
(1) the owner of a lot in the subdivision or addition; or
(2) the owner of territory adjoining the territory sought to be disannexed.
(c) The works board shall conduct a hearing and make a just and equitable order on the petition. In conducting the hearing, the works board may:
(1) subpoena witnesses;
(2) punish contempt;
(3) adjourn the hearing from time to time;
(4) make orders concerning streets and alleys, including their vacation; and
(5) award damages.
[Pre-Local Government Recodification Citations: 18-5-10-47 part; 18-5-10-48 part; 18-5-10-50 part; 18-5-10-52 part.]
As added by Acts 1980, P.L.212, SEC.3.
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