Indiana Code
Chapter 1. Incorporation; Dissolution
36-5-1-2. Requirements of Petition to Incorporate Town

Sec. 2. (a) Proceedings to incorporate a town may be instituted by filing a written petition in quadruplicate with the executive of the county that contains all or a majority of the territory sought to be incorporated. The petition must be signed by at least ten percent (10%) of the owners of land in the territory and must state the following:
(1) The territory is used or will, in the reasonably foreseeable future, be used generally for commercial, industrial, residential, or similar purposes.
(2) The territory is reasonably compact and contiguous.
(3) There is enough undeveloped land in the territory to permit reasonable growth of the town.
(4) Incorporation is in the best interests of the citizens of the territory.
(5) The name, telephone number, and electronic mail address (if available) of the contact person for the petitioners.
(6) If the petitioners want the incorporation to be approved by a public question at a special election, that the petitioners agree to pay the costs of the special election.
(b) The signatures of the petitioners must be verified, and the verification must include a statement that the petitioners are owners of land in the territory sought to be incorporated.
(c) In determining the number of petitioners, not more than one (1) person having an interest in a single parcel of land may be counted, and a person owning more than one (1) parcel of land in the area may be counted only once.
(d) The petition filed under subsection (a) must be accompanied by the ordinance of any city required to consent to the incorporation under section 7 of this chapter.
[Pre-Local Government Recodification Citation: 18-3-1-4.]
As added by Acts 1980, P.L.212, SEC.4. Amended by P.L.195-1984, SEC.1; P.L.86-1999, SEC.1; P.L.147-2013, SEC.1.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 5. Government of Towns

Chapter 1. Incorporation; Dissolution

36-5-1-1. Application of Chapter

36-5-1-2. Requirements of Petition to Incorporate Town

36-5-1-3. Items to Accompany Petition

36-5-1-4. Sufficiency of Petition; Plan Commission Recommendations

36-5-1-5. Public Hearing on Petition; Notice

36-5-1-6. Parties Entitled to Be Heard; Remonstrance; Dismissal of Petition

36-5-1-7. Petition to Incorporate Town Within Certain Distance of City Boundaries

36-5-1-7.1. Exemption From City Consent Requirements

36-5-1-8. County Executive Action on Petition; Public Question

36-5-1-9. Denied Petition; Resubmittal

36-5-1-10. Repealed

36-5-1-10.1. Adoption of Ordinance Incorporating Town; Required Provisions to Conduct Elections; Territory Not Included in Any District or in More Than One District; Effective Date of Ordinance

36-5-1-11. Liability for Existing Indebtedness or Other Obligations; Payment to Township

36-5-1-11.5. Localities Considered Towns for All Purposes

36-5-1-12. Proceedings to Dissolve or Change Name; Petition, Signatures, and Reasons

36-5-1-13. Bond for Costs and Expenses

36-5-1-14. Notice of Filing of Petition and Day of Hearing

36-5-1-15. Hearing; Withdrawal of Petitioner's Name; Decision

36-5-1-16. Dissolution or Change of Name; Date of Election; Notice

36-5-1-17. Election; Ballots; Clerk's Statement of Votes Cast

36-5-1-18. Number of Votes and Voters Required; Effective Dates of Change of Name and Dissolution; Disposition of Property; Validity of Contracts

36-5-1-19. Aggrieved Persons; Appeal; Procedure

36-5-1-20. Towns Not Functioning for Ten Years; Hearing; Findings; Adoption of Ordinance or Ordering Dissolution

36-5-1-21. Approvals of Proceedings to Incorporate Town Across County Boundaries Commenced Before July 1, 1999