Sec. 2.1. (a) This section does not apply to an annexation under section 5.1 or 5.2 of this chapter.
(b) A municipality may adopt an ordinance under this chapter only after the legislative body has held a public hearing concerning the proposed annexation. The municipality shall hold the public hearing not earlier than sixty (60) days after the date the ordinance is introduced. All interested parties must have the opportunity to testify as to the proposed annexation. Except as provided in subsection (d), notice of the hearing shall be:
(1) published in accordance with IC 5-3-1 except that the notice shall be published at least sixty (60) days before the hearing; and
(2) mailed as set forth in section 2.2 of this chapter, if section 2.2 of this chapter applies to the annexation.
(c) A municipality may adopt an ordinance under this chapter not earlier than thirty (30) days or not later than sixty (60) days after the legislative body has held the public hearing under subsection (b).
(d) This subsection applies to an annexation under section 3 or 4 of this chapter in which all property owners within the area to be annexed provide written consent to the annexation. Notice of the hearing shall be:
(1) published one (1) time at least twenty (20) days before the hearing in accordance with IC 5-3-1; and
(2) mailed as set forth in section 2.2 of this chapter.
As added by P.L.231-1996, SEC.1. Amended by P.L.248-1999, SEC.1; P.L.49-2000, SEC.1; P.L.224-2001, SEC.1; P.L.70-2022, SEC.2.
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