Sec. 6. The recipients of the notice required by section 5 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for incorporation shall be dismissed if at any time during the incorporation proceedings, including an appeal, the county executive or a court hearing an appeal is presented with a verified remonstrance against incorporation, signed by at least:
(1) fifty-one percent (51%) of the owners of a fee simple interest in real property in the affected territory; or
(2) the owners of seventy-five percent (75%), in assessed valuation, of the real property in the affected territory.
The executive or court may determine the validity of the remonstrance by submitting it to the county auditor for verification.
[Pre-Local Government Recodification Citation: 18-3-1-8 part.]
As added by Acts 1980, P.L.212, SEC.4.
Structure Indiana Code
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
36-5-1-11. 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