Sec. 1.7. (a) This section applies only to an annexation ordinance adopted after June 30, 2015. This section does not apply to an annexation under section 5.1 of this chapter.
(b) Not earlier than six (6) months before a municipality introduces an annexation ordinance, the municipality shall conduct an outreach program to inform citizens regarding the proposed annexation. For an annexation under section 3 or 4 of this chapter, the outreach program must conduct at least six (6) public information meetings regarding the proposed annexation. For an annexation under section 5 or 5.2 of this chapter, the outreach program must conduct at least three (3) public information meetings regarding the proposed annexation. The public information meetings must provide citizens with the following information:
(1) Maps showing the proposed boundaries of the annexation territory.
(2) Proposed plans for extension of capital and noncapital services in the annexation territory, including proposed dates of extension. In the case of an annexation under section 5.2 of this chapter, a copy of the preliminary written fiscal plan.
(3) Expected fiscal impact on taxpayers in the annexation territory, including any increase in taxes and fees.
(c) The municipality shall provide notice of the dates, times, and locations of the outreach program meetings. The municipality shall publish the notice of the meetings under IC 5-3-1, including the date, time, and location of the meetings, except that notice must be published not later than thirty (30) days before the date of each meeting. The municipality shall also send notice to each owner of land within the annexation territory not later than thirty (30) days before the date of the first meeting of the outreach program. The notice to landowners shall be sent by first class mail, certified mail with return receipt requested, or any other means of delivery that includes a return receipt and must include the following information:
(1) The notice must inform the landowner that the municipality is proposing to annex territory that includes the landowner's property.
(2) The municipality is conducting an outreach program for the purpose of providing information to landowners and the public regarding the proposed annexation.
(3) The date, time, and location of the meetings to be conducted under the outreach program.
(d) The notice shall be sent to the address of the landowner as listed on the tax duplicate. If the municipality provides evidence that the notice was sent:
(1) by certified mail, with return receipt requested or any other means of delivery that includes a return receipt; and
(2) in accordance with this section;
it is not necessary that the landowner accept receipt of the notice. If a remonstrance is filed under section 11 of this chapter, the municipality shall file with the court proof that notices were sent to landowners under this section and proof of publication.
(e) The notice required under this section is in addition to any notice required under sections 2.1 and 2.2 of this chapter.
As added by P.L.228-2015, SEC.4. Amended by P.L.206-2016, SEC.2; P.L.70-2022, SEC.1.
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