Indiana 2025 Regular Session

Indiana House Bill HB1362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1362.1~~
2		-	~~February 11, 2025~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1362
4	4		_____
5		-	DIGEST OF HB 1362 (Updated February 11, 2025 10:43 am - DI 116)
6		-	Citations Affected: IC 13-18; IC 36-4; IC 36-9.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 13-18-15-2; IC 36-4; IC 36-9-22-2;
	7	+	IC 36-9-25-14.
7	8		Synopsis: Annexation. With certain exceptions, requires a
8	9		municipality that initiates an annexation to file with the court an
9		-	annexation petition approved by the signatures of: (1) at least 51% of
	10	+	annexation petition approved by the signatures of: (1) at least 65% of
10	11		the owners of land not exempt from property taxes in the annexation
11		-	territory; or (2) the owners of at least 75% in assessed valuation of land
	12	+	territory; or (2) the owners of at least 80% in assessed valuation of land
12	13		not exempt from property taxes in the annexation territory. Requires
13	14		the court to hold a hearing if the petition has the necessary signatures.
14		-	Adds provisions for determining the validity of signatures. Provides
15		-	that a landowner may enter into an agreement to consent to a future
16		-	annexation in certain circumstances. Eliminates the following: (1)
17		-	Remonstrances and remonstrance waivers. (2) Reimbursement of
18		-	remonstrator's attorney's fees and costs. (3) Adoption of a fiscal plan
19		-	for voluntary annexations requested by 100% of landowners in the
20		-	annexation territory. (4) Settlement agreements in lieu of annexation.
21		-	(5) Provisions regarding contiguity of a public highway.
	15	+	Adds provisions for determining the validity of signatures. Eliminates
	16	+	the following: (1) Remonstrances and remonstrance waivers. (2)
	17	+	Reimbursement of remonstrator's attorney's fees and costs. (3)
	18	+	Adoption of a fiscal plan for voluntary annexations requested by 100%
	19	+	of landowners in the annexation territory. (4) Settlement agreements in
	20	+	lieu of annexation. (5) Provisions regarding contiguity of a public
	21	+	highway.
22	22		Effective: Upon passage.
23		-	Hall~~, Morris~~
	23	+	Hall
24	24		January 13, 2025, read first time and referred to Committee on Local Government.
25		-	February 11, 2025, amended, reported — Do Pass.
26		-	HB 1362—LS 7347/DI 116 February 11, 2025
	25	+	2025 IN 1362—LS 7347/DI 116 Introduced
27	26		First Regular Session of the 124th General Assembly (2025)
28	27		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	28		Constitution) is being amended, the text of the existing provision will appear in this style type,
30	29		additions will appear in this style type, and deletions will appear in this style type.
31	30		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	31		provision adopted), the text of the new provision will appear in this style type. Also, the
33	32		word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	33		a new provision to the Indiana Code or the Indiana Constitution.
35	34		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	35		between statutes enacted by the 2024 Regular Session of the General Assembly.
37	36		HOUSE BILL No. 1362
38	37		A BILL FOR AN ACT to amend the Indiana Code concerning local
39	38		government.
40	39		Be it enacted by the General Assembly of the State of Indiana:
41	40		1 SECTION 1. IC 13-18-15-2, AS AMENDED BY P.L.257-2019,
42	41		2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	42		3 UPON PASSAGE]: Sec. 2. (a) The persons involved shall negotiate the
44	43		4 terms for connection and service under this chapter.
45	44		5 (b) If service is ordered under this chapter, a receiver of that service
46	45		6 that is located in an unincorporated area may grant a waiver to a
47	46		7 municipality providing the service. A waiver under this section:
48	47		8 (1) must waive the receiver's right of remonstrance against
49	48		9 annexation of the areas in which the service is to be provided; and
50	49		10 (2) may be one (1) of the terms for connection and service
51	50		11 described in subsection (a).
52	51		12 (c) The waiver, if granted:
53	52		13 (1) shall be noted on the deed of each property affected and
54	53		14 recorded as provided by law; and
55	54		15 (2) is considered a covenant running with the land.
56	55		16 (d) This subsection applies to any deed recorded after June 30,
57	56		17 2015. This subsection applies only to property that is subject to a
58		-	HB 1362—LS 7347/DI 116 2
	57	+	2025 IN 1362—LS 7347/DI 116 2
59	58		1 remonstrance waiver. A municipality shall, within a reasonable time
60	59		2 after the recording of a deed to property located within the
61	60		3 municipality, provide written notice to the property owner that a waiver
62	61		4 of the right of remonstrance exists with respect to the property.
63	62		5 (e) A remonstrance waiver executed before July 1, 2003, is void.
64	63		6 This subsection does not invalidate an annexation that was effective on
65	64		7 or before July 1, 2019.
66	65		8 (f) A remonstrance waiver executed after June 30, 2003, and before
67	66		9 July 1, 2019, is subject to the following:
68	67		10 (1) The waiver is void unless the waiver was recorded (A) before
69	68		11 January 1, 2020, and (B) with the county recorder of the county
70	69		12 where the property subject to the waiver is located.
71	70		13 (2) A waiver that is not void under subdivision (1) or subsection
72	71		14 (h) expires not later than fifteen (15) years after the date the
73	72		15 waiver is executed.
74	73		16 This subsection does not invalidate an annexation that was effective on
75	74		17 or before July 1, 2019.
76	75		18 (g) A remonstrance waiver executed after June 30, 2019, is subject
77	76		19 to the following: (1) The waiver is void unless the waiver is must be
78	77		20 recorded (A) not later than thirty (30) business days after the date the
79	78		21 waiver was executed and (B) with the county recorder of the county
80	79		22 where the property subject to the waiver is located. (2) A waiver that
81	80		23 is not void under subdivision (1) expires not later than fifteen (15)
82	81		24 years after the date the waiver is executed. This subsection does not
83	82		25 invalidate an annexation that was effective on or before July 1, 2019.
84	83		26 (h) Notwithstanding any other law, a waiver of the right of
85	84		27 remonstrance is valid and binding on a landowner or a successor
86	85		28 in title only with regard to an annexation for which the annexation
87	86		29 ordinance was adopted before May 15, 2025.
88		-	30 (i) This subsection applies after May 14, 2025. If service is
89		-	31 ordered under this chapter, a receiver of that service that is located
90		-	32 in an unincorporated area may enter into an agreement described
91		-	33 in IC 36-4-3-5.5(i) with a municipality providing the service. An
92		-	34 agreement under this subsection:
93		-	35 (1) provides that the landowner consents to a future
94		-	36 annexation of the property by a municipality and the
95		-	37 landowner will be included on a petition under IC 36-4-3-5.5
96		-	38 in accordance with the terms set forth in IC 36-4-3-5.5(i); and
97		-	39 (2) may be one (1) of the terms for connection and service
98		-	40 described in subsection (a).
99		-	41 The agreement, if granted, shall be noted on the deed of each
100		-	42 property affected and recorded as provided by law and is
101		-	HB 1362—LS 7347/DI 116 3
102		-	1 considered a covenant running with the land.
103		-	2 SECTION 2. IC 36-4-3-1.5, AS AMENDED BY P.L.206-2016,
104		-	3 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105		-	4 UPON PASSAGE]: Sec. 1.5. (a) For purposes of this chapter, territory
106		-	5 sought to be annexed may be considered "contiguous" only if at least
107		-	6 one-eighth (1/8) of the aggregate external boundaries of the territory
108		-	7 coincides with the boundaries of the annexing municipality. In
109		-	8 determining if a territory is contiguous, a strip of land less than one
110		-	9 hundred fifty (150) feet wide that connects the annexing municipality
111		-	10 to the territory is not considered a part of the boundaries of either the
112		-	11 municipality or the territory.
113		-	12 (b) This subsection applies to an annexation for which an
114		-	13 annexation ordinance is adopted after June 30, 2015, and before May
115		-	14 15, 2025. A public highway or the rights-of-way of a public highway
116		-	15 are contiguous to:
117		-	16 (1) the municipality; or
118		-	17 (2) property in the unincorporated area adjacent to the public
119		-	18 highway or rights-of-way of a public highway;
120		-	19 if the public highway or the rights-of-way of a public highway are
121		-	20 contiguous under subsection (a) and one (1) of the requirements in
122		-	21 subsection (c) is satisfied.
123		-	22 (c) This subsection applies to an annexation for which an
124		-	23 annexation ordinance is adopted after June 30, 2015, and before
125		-	24 May 15, 2025. A public highway or the rights-of-way of a public
126		-	25 highway are not contiguous unless one (1) of the following
127		-	26 requirements is met:
128		-	27 (1) The municipality obtains the written consent of the owners of
129		-	28 all property:
130		-	29 (A) adjacent to the entire length of the part of the public
131		-	30 highway and rights-of-way of the public highway that is being
132		-	31 annexed; and
133		-	32 (B) not already within the corporate boundaries of the
134		-	33 municipality.
135		-	34 A waiver of the right of remonstrance executed by a property
136		-	35 owner or a successor in title of the property owner for sewer
137		-	36 services or water services does not constitute written consent for
138		-	37 purposes of this subdivision.
139		-	38 (2) All property adjacent to at least one (1) side of the entire
140		-	39 length of the part of the public highway or rights-of-way of the
141		-	40 public highway being annexed is already within the corporate
142		-	41 boundaries of the municipality.
143		-	42 (3) All property adjacent to at least one (1) side of the entire
144		-	HB 1362—LS 7347/DI 116 4
145		-	1 length of the part of the public highway or rights-of-way of the
146		-	2 public highway being annexed is part of the same annexation
147		-	3 ordinance in which the public highway or rights-of-way of a
148		-	4 public highway are being annexed.
149		-	5 A municipality may not annex a public highway or the rights-of-way of
150		-	6 a public highway or annex territory adjacent to the public highway or
151		-	7 rights-of-way of a public highway unless the requirements of this
152		-	8 section are met.
153		-	9 SECTION 3. IC 36-4-3-1.7, AS AMENDED BY P.L.70-2022,
154		-	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
155		-	11 UPON PASSAGE]: Sec. 1.7. (a) This section applies only to an
156		-	12 annexation ordinance adopted after June 30, 2015. This section does
157		-	13 not apply to an annexation under section 5.1 of this chapter.
158		-	14 (b) Not earlier than six (6) months before a municipality introduces
159		-	15 an annexation ordinance, the municipality shall conduct an outreach
160		-	16 program to inform citizens regarding the proposed annexation. For an
161		-	17 annexation under section 3 or 4 of this chapter, the outreach program
162		-	18 must conduct at least six (6) public information meetings regarding the
163		-	19 proposed annexation. For an annexation under section 5 or 5.2 of this
164		-	20 chapter, the outreach program must conduct at least three (3) public
165		-	21 information meetings regarding the proposed annexation. The public
166		-	22 information meetings must provide citizens with the following
167		-	23 information:
168		-	24 (1) Maps showing the proposed boundaries of the annexation
169		-	25 territory.
170		-	26 (2) Proposed plans for extension of capital and noncapital
171		-	27 services in the annexation territory, including proposed dates of
172		-	28 extension. In the case of an annexation under section 5.2 of this
173		-	29 chapter, a copy of the preliminary written fiscal plan.
174		-	30 (3) Expected fiscal impact on taxpayers in the annexation
175		-	31 territory, including any increase in taxes and fees.
176		-	32 (c) The municipality shall provide notice of the dates, times, and
177		-	33 locations of the outreach program meetings. The municipality shall
178		-	34 publish the notice of the meetings under IC 5-3-1, including the date,
179		-	35 time, and location of the meetings, except that notice must be published
180		-	36 not later than thirty (30) days before the date of each meeting. The
181		-	37 municipality shall also send notice to each owner of land within the
182		-	38 annexation territory not later than thirty (30) days before the date of the
183		-	39 first meeting of the outreach program. The notice to landowners shall
184		-	40 be sent by first class mail, certified mail with return receipt requested,
185		-	41 or any other means of delivery that includes a return receipt and must
186		-	42 include the following information:
187		-	HB 1362—LS 7347/DI 116 5
188		-	1 (1) The notice to the landowner must inform the landowner that
189		-	2 the municipality is proposing to annex territory that includes the
190		-	3 landowner's property.
191		-	4 (2) The municipality is conducting an outreach program for the
192		-	5 purpose of providing information to landowners and the public
193		-	6 regarding the proposed annexation.
194		-	7 (3) The date, time, and location of the meetings to be conducted
195		-	8 under the outreach program.
196		-	9 (d) The notice shall be sent to the address of the landowner as listed
197		-	10 on the tax duplicate. If the municipality provides evidence that the
198		-	11 notice was sent:
199		-	12 (1) by certified mail, with return receipt requested or any other
200		-	13 means of delivery that includes a return receipt; and
201		-	14 (2) in accordance with this section;
202		-	15 it is not necessary that the landowner accept receipt of the notice.
203		-	16 (e) This subsection applies only to an annexation for which an
204		-	17 annexation ordinance is adopted after June 30, 2015, and before
205		-	18 May 15, 2025. If a remonstrance is filed under section 11 of this
206		-	19 chapter, the municipality shall file with the court proof that notices
207		-	20 were sent to landowners under this section and proof of publication.
208		-	21 (e) (f) The notice required under this section is in addition to any
209		-	22 notice required under sections 2.1 and 2.2 of this chapter.
210		-	23 SECTION 4. IC 36-4-3-3.1, AS AMENDED BY P.L.70-2022,
211		-	24 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
212		-	25 UPON PASSAGE]: Sec. 3.1. (a) This section does not apply to an
213		-	26 annexation under:
214		-	27 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
215		-	28 (2) section 5.1 of this chapter, for which an annexation
216		-	29 ordinance is adopted after May 14, 2025.
217		-	30 (b) A municipality shall develop and adopt a written fiscal plan and
218		-	31 establish a definite policy by resolution of the legislative body that
219		-	32 meets the requirements set forth in section 13 of this chapter.
220		-	33 (c) Except as provided in subsection (d) and section 5.2 of this
221		-	34 chapter, the municipality shall establish and adopt the written fiscal
222		-	35 plan before mailing the notification to landowners in the territory
223		-	36 proposed to be annexed under section 2.2 of this chapter.
224		-	37 (d) In an annexation under section 5 or 5.1 5.5 of this chapter, the
225		-	38 municipality shall establish and adopt the written fiscal plan before
226		-	39 adopting the annexation ordinance.
227		-	40 SECTION 5. IC 36-4-3-5, AS AMENDED BY P.L.149-2016,
228		-	41 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
229		-	42 UPON PASSAGE]: Sec. 5. (a) This subsection applies only to a
230		-	HB 1362—LS 7347/DI 116 6
231		-	1 petition requesting annexation that is filed before July 1, 2015. If the
232		-	2 owners of land located outside of but contiguous to a municipality want
233		-	3 to have territory containing that land annexed to the municipality, they
234		-	4 may file with the legislative body of the municipality a petition:
235		-	5 (1) signed by at least:
236		-	6 (A) fifty-one percent (51%) of the owners of land in the
237		-	7 territory sought to be annexed; or
238		-	8 (B) the owners of seventy-five percent (75%) of the total
239		-	9 assessed value of the land for property tax purposes; and
240		-	10 (2) requesting an ordinance annexing the area described in the
241		-	11 petition.
242		-	12 (b) This subsection applies only to a petition requesting annexation
243		-	that is filed after June 30, 2015. 13 A municipality may not collect
244		-	14 signatures on an annexation petition that is filed with the legislative
245		-	15 body under this section after May 14, 2025. If the owners of land
246		-	16 located outside of but contiguous to a municipality want to have
247		-	17 territory containing that land annexed to the municipality, they may file
248		-	18 with the legislative body of the municipality a petition that meets the
249		-	19 following requirements:
250		-	20 (1) The petition is signed by at least one (1) of the following:
251		-	21 (A) Fifty-one percent (51%) of the owners of land in the
252		-	22 territory sought to be annexed. An owner of land may not:
253		-	23 (i) be counted in calculating the total number of owners of
254		-	24 land in the annexation territory; or
255		-	25 (ii) have the owner's signature counted;
256		-	26 with regard to any single property that the owner has an
257		-	27 interest in that was exempt from property taxes under
258		-	28 IC 6-1.1-10 or any other state law for the immediately
259		-	29 preceding year.
260		-	30 (B) The owners of seventy-five percent (75%) of the total
261		-	31 assessed value of the land for property tax purposes. Land that
262		-	32 was exempt from property taxes under IC 6-1.1-10 or any
263		-	33 other state law for the immediately preceding year may not be
264		-	34 included in calculating the total assessed valuation of the land
265		-	35 in the annexation territory. The court may not count an owner's
266		-	36 signature on a petition with regard to any single property that
267		-	37 the owner has an interest in that was exempt from property
268		-	38 taxes under IC 6-1.1-10 or any other state law for the
269		-	39 immediately preceding year.
270		-	40 (2) The petition requests an ordinance annexing the area
271		-	41 described in the petition.
272		-	42 (c) The petition circulated by the landowners must include on each
273		-	HB 1362—LS 7347/DI 116 7
274		-	1 page where signatures are affixed a heading that is substantially similar
275		-	2 to the following:
276		-	3 "PETITION FOR ANNEXATION INTO THE (insert whether city
277		-	4 or town) OF (insert name of city or town).".
278		-	5 (d) If the legislative body fails to pass the ordinance within one
279		-	6 hundred fifty (150) days after the date of filing of a petition under
280		-	7 subsection (a) or (b), the petitioners may file a duplicate copy of the
281		-	8 petition in the circuit or superior court of a county in which the territory
282		-	9 is located, and shall include a written statement of why the annexation
283		-	10 should take place. Notice of the proceedings, in the form of a
284		-	11 summons, shall be served on the municipality named in the petition.
285		-	12 The municipality is the defendant in the cause and shall appear and
286		-	13 answer.
287		-	14 (e) The court shall hear and determine the petition without a jury,
288		-	15 and shall order the proposed annexation to take place only if the
289		-	16 evidence introduced by the parties establishes that:
290		-	17 (1) essential municipal services and facilities are not available to
291		-	18 the residents of the territory sought to be annexed;
292		-	19 (2) the municipality is physically and financially able to provide
293		-	20 municipal services to the territory sought to be annexed;
294		-	21 (3) the population density of the territory sought to be annexed is
295		-	22 at least three (3) persons per acre; and
296		-	23 (4) the territory sought to be annexed is contiguous to the
297		-	24 municipality.
298		-	25 If the evidence does not establish all four (4) of the preceding factors,
299		-	26 the court shall deny the petition and dismiss the proceeding.
300		-	27 (f) This subsection does not apply to a town that has abolished town
301		-	28 legislative body districts under IC 36-5-2-4.1. An ordinance adopted
302		-	29 under this section must assign the territory annexed by the ordinance
303		-	30 to at least one (1) municipal legislative body district.
304		-	31 SECTION 6. IC 36-4-3-5.1, AS AMENDED BY P.L.160-2020,
305		-	32 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
306		-	33 UPON PASSAGE]: Sec. 5.1. (a) Owners of land that is located outside
307		-	34 but contiguous to a municipality or that is located in territory described
308		-	35 in section 4(i) of this chapter may voluntarily file a petition with the
309		-	36 legislative body of the municipality:
310		-	37 (1) requesting an ordinance annexing the area described in the
311		-	38 petition; and
312		-	39 (2) signed by:
313		-	40 (A) one hundred percent (100%) of the landowners that reside
314		-	41 within the territory that is proposed to be annexed, in the case
315		-	42 of a petition filed before July 1, 2015; and
316		-	HB 1362—LS 7347/DI 116 8
317		-	1 (B) in the case of a petition filed after June 30, 2015, one
318		-	2 hundred percent (100%) of the owners of land within the
319		-	3 territory that is proposed to be annexed.
320		-	4 (b) Sections 2.1 and 2.2 of this chapter do not apply to an
321		-	5 annexation under this section.
322		-	6 (c) The petition circulated by the landowners must include on each
323		-	7 page where signatures are affixed a heading that is substantially similar
324		-	8 to the following:
325		-	9 "PETITION FOR ANNEXATION INTO THE (insert whether city
326		-	10 or town) OF (insert name of city or town).".
327		-	11 (d) The municipality may (1) adopt an annexation ordinance
328		-	12 annexing the territory and (2) adopt a fiscal plan and establish a
329		-	13 definite policy by resolution of the legislative body; after the legislative
330		-	14 body has held a public hearing on the proposed annexation.
331		-	15 (e) The municipality may introduce and hold the public hearing on
332		-	16 the annexation ordinance not later than thirty (30) days after the
333		-	17 petition is filed with the legislative body. Notice of the public hearing
334		-	18 may be published one (1) time in accordance with IC 5-3-1 at least
335		-	19 twenty (20) days before the hearing. All interested parties must have
336		-	20 the opportunity to testify at the hearing as to the proposed annexation.
337		-	21 (f) The municipality may adopt the annexation ordinance not earlier
338		-	22 than fourteen (14) days after the public hearing under subsection (e).
339		-	23 (g) A landowner may withdraw the landowner's signature from the
340		-	24 petition not more than thirteen (13) days after the municipality adopts
341		-	25 the fiscal plan date of the public hearing under subsection (e) by
342		-	26 providing written notice to the office of the clerk of the municipality.
343		-	27 If a landowner withdraws the landowner's signature, the petition shall
344		-	28 automatically be considered a voluntary petition that is filed with the
345		-	29 legislative body under section 5 of this chapter, fourteen (14) days after
346		-	30 the date the fiscal plan is adopted. of the public hearing under
347		-	31 subsection (e). All provisions applicable to a petition initiated under
348		-	32 section 5 of this chapter apply to the petition.
349		-	33 (h) If the municipality does not adopt an annexation ordinance
350		-	34 within sixty (60) days after the landowners file the petition with the
351		-	35 legislative body, the landowners may file a duplicate petition with the
352		-	36 circuit or superior court of a county in which the territory is located.
353		-	37 The court shall determine whether the annexation shall take place as
354		-	38 set forth in section 5 of this chapter.
355		-	39 (i) A remonstrance under section 11 of this chapter may not be filed.
356		-	40 However, an appeal under section 15.5 of this chapter may be filed.
357		-	41 (j) (i) In the absence of an appeal under section 15.5 of this chapter,
358		-	42 an annexation ordinance adopted under this section takes effect not less
359		-	HB 1362—LS 7347/DI 116 9
360		-	1 than thirty (30) days after the adoption of the ordinance and upon the
361		-	2 filing and recording of the ordinance under section 22 of this chapter.
362		-	3 SECTION 7. IC 36-4-3-5.5 IS ADDED TO THE INDIANA CODE
363		-	4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
364		-	5 UPON PASSAGE]: Sec. 5.5. (a) This section does not apply to an
365		-	6 annexation under section 5 or 5.1 of this chapter.
366		-	7 (b) This section applies only to an annexation for which an
367		-	8 annexation ordinance is adopted after May 14, 2025.
368		-	9 (c) Except as provided in subsection (i), after adopting an
369		-	10 annexation ordinance under section 3 or 4 of this chapter, in order
370		-	11 for the annexation to proceed, the municipality must file a written
371		-	12 petition under subsection (f) signed by owners of land in the
372		-	13 territory proposed to be annexed who are in favor of the
373		-	14 annexation. The petition must be signed by:
374		-	15 (1) at least fifty-one percent (51%) of the owners of land:
375		-	16 (A) not exempt from property taxes under IC 6-1.1-10 or
376		-	any other state law; and17
377		-	18 (B) in the territory proposed to be annexed; or
378		-	19 (2) the owners of more than seventy-five percent (75%) in
379		-	20 assessed valuation of land:
380		-	21 (A) not exempt from property taxes under IC 6-1.1-10 or
381		-	22 any other state law; and
382		-	23 (B) in the territory proposed to be annexed.
383		-	24 The municipality may collect signatures for the petition by mail on
384		-	25 a form prescribed by the municipality that meets the requirements
385		-	26 of this section as long as the signature is made under oath or
386		-	27 affirmation.
387		-	28 (d) The petition circulated by the municipality must include on
388		-	29 each page where signatures are affixed a heading that is
389		-	30 substantially similar to the following:
390		-	31 "PETITION FOR ANNEXATION INTO THE (insert whether
391		-	32 city or town) OF (insert name of city or town).".
392		-	33 (e) A landowner may withdraw the landowner's signature from
393		-	34 the petition not more than ten (10) days after the municipality
394		-	35 adopts the annexation ordinance by providing written notice to the
395		-	36 office of the clerk of the municipality. A landowner who withdraws
396		-	37 the landowner's signature from the petition is considered not to
397		-	38 have signed the petition for purposes of subsection (h)(2).
398		-	39 (f) The municipality must file the petition with the circuit or
399		-	40 superior court of the county where the municipality is located not
400		-	41 later than ninety (90) days after the publication of the annexation
401		-	42 ordinance under section 7 of this chapter. The petition must be
402		-	HB 1362—LS 7347/DI 116 10
403		-	1 accompanied by:
404		-	2 (1) a copy of the ordinance; and
405		-	3 (2) the names and addresses of all persons who meet the
406		-	4 requirements of subsection (h).
407		-	5 (g) On receipt of the petition, the court shall determine whether
408		-	6 the petition has the necessary signatures. In determining the total
409		-	7 number of landowners of the territory proposed to be annexed and
410		-	8 whether signers of the petition are landowners, the names
411		-	9 appearing on the tax duplicate for that territory constitute prima
412		-	10 facie evidence of ownership. Only one (1) person having an interest
413		-	11 in each single property, as evidenced by the tax duplicate, is
414		-	12 considered a landowner for purposes of this section. A person is
415		-	13 entitled to sign a petition only one (1) time, regardless of whether
416		-	14 the person owns more than one (1) parcel of real property. If the
417		-	15 court determines that the municipality's petition has a sufficient
418		-	16 number of signatures, the court shall fix a time, not later than sixty
419		-	17 (60) days after its determination, for a public hearing on the
420		-	18 petition.
421		-	19 (h) A person may intervene as a party at the hearing described
422		-	20 in subsection (g) if the following requirements are satisfied:
423		-	21 (1) The person owns, solely or with another person, property
424		-	22 that is in the territory proposed to be annexed.
425		-	23 (2) None of the owners of the property signed the petition filed
426		-	24 by the municipality.
427		-	25 (3) The person appeared in person or submitted a
428		-	26 remonstrance or other document objecting to the annexation
429		-	27 into the record of the municipality's public hearing on the
430		-	28 annexation ordinance under section 2.1 of this chapter.
431		-	29 The court shall give a person described in this subsection notice of
432		-	30 the public hearing on the petition by certified mail.
433		-	31 (i) A receiver of service under IC 13-18-15, IC 36-9-22, or
434		-	32 IC 36-9-25-14 whose property is located in an unincorporated area
435		-	33 may enter into an agreement to provide consent to a future
436		-	34 annexation in accordance with the requirements set forth in this
437		-	35 section. A landowner who signs an agreement under this subsection
438		-	36 shall be included in the petition described in subsection (c).
439		-	37 However, an agreement under this subsection is subject to the
440		-	38 following:
441		-	39 (1) The agreement is void unless the agreement is recorded:
442		-	40 (A) not later than thirty (30) business days after the date
443		-	41 the agreement was executed; and
444		-	42 (B) with the county recorder of the county where the
445		-	HB 1362—LS 7347/DI 116 11
446		-	1 property subject to the agreement is located.
447		-	2 (2) An agreement that is not void under subdivision (1)
448		-	3 expires not later than fifteen (15) years after the date the
449		-	4 agreement is executed.
450		-	5 A municipality shall provide written notice to any successor in title
451		-	6 to the property within a reasonable time after the deed is recorded,
452		-	7 that an agreement has been made with respect to the property in
453		-	8 accordance with this subsection. This subsection does not
454		-	9 invalidate an annexation that was effective on or before May 15,
	87	+	30 SECTION 2. IC 36-4-3-1.5, AS AMENDED BY P.L.206-2016,
	88	+	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	89	+	32 UPON PASSAGE]: Sec. 1.5. (a) For purposes of this chapter, territory
	90	+	33 sought to be annexed may be considered "contiguous" only if at least
	91	+	34 one-eighth (1/8) of the aggregate external boundaries of the territory
	92	+	35 coincides with the boundaries of the annexing municipality. In
	93	+	36 determining if a territory is contiguous, a strip of land less than one
	94	+	37 hundred fifty (150) feet wide that connects the annexing municipality
	95	+	38 to the territory is not considered a part of the boundaries of either the
	96	+	39 municipality or the territory.
	97	+	40 (b) This subsection applies to an annexation for which an
	98	+	41 annexation ordinance is adopted after June 30, 2015, and before May
	99	+	42 15, 2025. A public highway or the rights-of-way of a public highway
	100	+	2025 IN 1362—LS 7347/DI 116 3
	101	+	1 are contiguous to:
	102	+	2 (1) the municipality; or
	103	+	3 (2) property in the unincorporated area adjacent to the public
	104	+	4 highway or rights-of-way of a public highway;
	105	+	5 if the public highway or the rights-of-way of a public highway are
	106	+	6 contiguous under subsection (a) and one (1) of the requirements in
	107	+	7 subsection (c) is satisfied.
	108	+	8 (c) This subsection applies to an annexation for which an
	109	+	9 annexation ordinance is adopted after June 30, 2015, and before
	110	+	10 May 15, 2025. A public highway or the rights-of-way of a public
	111	+	11 highway are not contiguous unless one (1) of the following
	112	+	12 requirements is met:
	113	+	13 (1) The municipality obtains the written consent of the owners of
	114	+	14 all property:
	115	+	15 (A) adjacent to the entire length of the part of the public
	116	+	16 highway and rights-of-way of the public highway that is being
	117	+	17 annexed; and
	118	+	18 (B) not already within the corporate boundaries of the
	119	+	19 municipality.
	120	+	20 A waiver of the right of remonstrance executed by a property
	121	+	21 owner or a successor in title of the property owner for sewer
	122	+	22 services or water services does not constitute written consent for
	123	+	23 purposes of this subdivision.
	124	+	24 (2) All property adjacent to at least one (1) side of the entire
	125	+	25 length of the part of the public highway or rights-of-way of the
	126	+	26 public highway being annexed is already within the corporate
	127	+	27 boundaries of the municipality.
	128	+	28 (3) All property adjacent to at least one (1) side of the entire
	129	+	29 length of the part of the public highway or rights-of-way of the
	130	+	30 public highway being annexed is part of the same annexation
	131	+	31 ordinance in which the public highway or rights-of-way of a
	132	+	32 public highway are being annexed.
	133	+	33 A municipality may not annex a public highway or the rights-of-way of
	134	+	34 a public highway or annex territory adjacent to the public highway or
	135	+	35 rights-of-way of a public highway unless the requirements of this
	136	+	36 section are met.
	137	+	37 SECTION 3. IC 36-4-3-1.7, AS AMENDED BY P.L.70-2022,
	138	+	38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	139	+	39 UPON PASSAGE]: Sec. 1.7. (a) This section applies only to an
	140	+	40 annexation ordinance adopted after June 30, 2015. This section does
	141	+	41 not apply to an annexation under section 5.1 of this chapter.
	142	+	42 (b) Not earlier than six (6) months before a municipality introduces
	143	+	2025 IN 1362—LS 7347/DI 116 4
	144	+	1 an annexation ordinance, the municipality shall conduct an outreach
	145	+	2 program to inform citizens regarding the proposed annexation. For an
	146	+	3 annexation under section 3 or 4 of this chapter, the outreach program
	147	+	4 must conduct at least six (6) public information meetings regarding the
	148	+	5 proposed annexation. For an annexation under section 5 or 5.2 of this
	149	+	6 chapter, the outreach program must conduct at least three (3) public
	150	+	7 information meetings regarding the proposed annexation. The public
	151	+	8 information meetings must provide citizens with the following
	152	+	9 information:
	153	+	10 (1) Maps showing the proposed boundaries of the annexation
	154	+	11 territory.
	155	+	12 (2) Proposed plans for extension of capital and noncapital
	156	+	13 services in the annexation territory, including proposed dates of
	157	+	14 extension. In the case of an annexation under section 5.2 of this
	158	+	15 chapter, a copy of the preliminary written fiscal plan.
	159	+	16 (3) Expected fiscal impact on taxpayers in the annexation
	160	+	17 territory, including any increase in taxes and fees.
	161	+	18 (c) The municipality shall provide notice of the dates, times, and
	162	+	19 locations of the outreach program meetings. The municipality shall
	163	+	20 publish the notice of the meetings under IC 5-3-1, including the date,
	164	+	21 time, and location of the meetings, except that notice must be published
	165	+	22 not later than thirty (30) days before the date of each meeting. The
	166	+	23 municipality shall also send notice to each owner of land within the
	167	+	24 annexation territory not later than thirty (30) days before the date of the
	168	+	25 first meeting of the outreach program. The notice to landowners shall
	169	+	26 be sent by first class mail, certified mail with return receipt requested,
	170	+	27 or any other means of delivery that includes a return receipt and must
	171	+	28 include the following information:
	172	+	29 (1) The notice to the landowner must inform the landowner that
	173	+	30 the municipality is proposing to annex territory that includes the
	174	+	31 landowner's property.
	175	+	32 (2) The municipality is conducting an outreach program for the
	176	+	33 purpose of providing information to landowners and the public
	177	+	34 regarding the proposed annexation.
	178	+	35 (3) The date, time, and location of the meetings to be conducted
	179	+	36 under the outreach program.
	180	+	37 (d) The notice shall be sent to the address of the landowner as listed
	181	+	38 on the tax duplicate. If the municipality provides evidence that the
	182	+	39 notice was sent:
	183	+	40 (1) by certified mail, with return receipt requested or any other
	184	+	41 means of delivery that includes a return receipt; and
	185	+	42 (2) in accordance with this section;
	186	+	2025 IN 1362—LS 7347/DI 116 5
	187	+	1 it is not necessary that the landowner accept receipt of the notice.
	188	+	2 (e) This subsection applies only to an annexation for which an
	189	+	3 annexation ordinance is adopted after June 30, 2015, and before
	190	+	4 May 15, 2025. If a remonstrance is filed under section 11 of this
	191	+	5 chapter, the municipality shall file with the court proof that notices
	192	+	6 were sent to landowners under this section and proof of publication.
	193	+	7 (e) (f) The notice required under this section is in addition to any
	194	+	8 notice required under sections 2.1 and 2.2 of this chapter.
	195	+	9 SECTION 4. IC 36-4-3-3.1, AS AMENDED BY P.L.70-2022,
	196	+	10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	197	+	11 UPON PASSAGE]: Sec. 3.1. (a) This section does not apply to an
	198	+	12 annexation under:
	199	+	13 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
	200	+	14 (2) section 5.1 of this chapter, for which an annexation
	201	+	15 ordinance is adopted after May 14, 2025.
	202	+	16 (b) A municipality shall develop and adopt a written fiscal plan and
	203	+	17 establish a definite policy by resolution of the legislative body that
	204	+	18 meets the requirements set forth in section 13 of this chapter.
	205	+	19 (c) Except as provided in subsection (d) and section 5.2 of this
	206	+	20 chapter, the municipality shall establish and adopt the written fiscal
	207	+	21 plan before mailing the notification to landowners in the territory
	208	+	22 proposed to be annexed under section 2.2 of this chapter.
	209	+	23 (d) In an annexation under section 5 or 5.1 5.5 of this chapter, the
	210	+	24 municipality shall establish and adopt the written fiscal plan before
	211	+	25 adopting the annexation ordinance.
	212	+	26 SECTION 5. IC 36-4-3-5, AS AMENDED BY P.L.149-2016,
	213	+	27 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	214	+	28 UPON PASSAGE]: Sec. 5. (a) This subsection applies only to a
	215	+	29 petition requesting annexation that is filed before July 1, 2015. If the
	216	+	30 owners of land located outside of but contiguous to a municipality want
	217	+	31 to have territory containing that land annexed to the municipality, they
	218	+	32 may file with the legislative body of the municipality a petition:
	219	+	33 (1) signed by at least:
	220	+	34 (A) fifty-one percent (51%) of the owners of land in the
	221	+	35 territory sought to be annexed; or
	222	+	36 (B) the owners of seventy-five percent (75%) of the total
	223	+	37 assessed value of the land for property tax purposes; and
	224	+	38 (2) requesting an ordinance annexing the area described in the
	225	+	39 petition.
	226	+	40 (b) This subsection applies only to a petition requesting annexation
	227	+	that is filed after June 30, 2015. 41 A municipality may not collect
	228	+	42 signatures on an annexation petition that is filed with the legislative
	229	+	2025 IN 1362—LS 7347/DI 116 6
	230	+	1 body under this section after May 14, 2025. If the owners of land
	231	+	2 located outside of but contiguous to a municipality want to have
	232	+	3 territory containing that land annexed to the municipality, they may file
	233	+	4 with the legislative body of the municipality a petition that meets the
	234	+	5 following requirements:
	235	+	6 (1) The petition is signed by at least one (1) of the following:
	236	+	7 (A) Fifty-one percent (51%) of the owners of land in the
	237	+	8 territory sought to be annexed. An owner of land may not:
	238	+	9 (i) be counted in calculating the total number of owners of
	239	+	10 land in the annexation territory; or
	240	+	11 (ii) have the owner's signature counted;
	241	+	12 with regard to any single property that the owner has an
	242	+	13 interest in that was exempt from property taxes under
	243	+	14 IC 6-1.1-10 or any other state law for the immediately
	244	+	15 preceding year.
	245	+	16 (B) The owners of seventy-five percent (75%) of the total
	246	+	17 assessed value of the land for property tax purposes. Land that
	247	+	18 was exempt from property taxes under IC 6-1.1-10 or any
	248	+	19 other state law for the immediately preceding year may not be
	249	+	20 included in calculating the total assessed valuation of the land
	250	+	21 in the annexation territory. The court may not count an owner's
	251	+	22 signature on a petition with regard to any single property that
	252	+	23 the owner has an interest in that was exempt from property
	253	+	24 taxes under IC 6-1.1-10 or any other state law for the
	254	+	25 immediately preceding year.
	255	+	26 (2) The petition requests an ordinance annexing the area
	256	+	27 described in the petition.
	257	+	28 (c) The petition circulated by the landowners must include on each
	258	+	29 page where signatures are affixed a heading that is substantially similar
	259	+	30 to the following:
	260	+	31 "PETITION FOR ANNEXATION INTO THE (insert whether city
	261	+	32 or town) OF (insert name of city or town).".
	262	+	33 (d) If the legislative body fails to pass the ordinance within one
	263	+	34 hundred fifty (150) days after the date of filing of a petition under
	264	+	35 subsection (a) or (b), the petitioners may file a duplicate copy of the
	265	+	36 petition in the circuit or superior court of a county in which the territory
	266	+	37 is located, and shall include a written statement of why the annexation
	267	+	38 should take place. Notice of the proceedings, in the form of a
	268	+	39 summons, shall be served on the municipality named in the petition.
	269	+	40 The municipality is the defendant in the cause and shall appear and
	270	+	41 answer.
	271	+	42 (e) The court shall hear and determine the petition without a jury,
	272	+	2025 IN 1362—LS 7347/DI 116 7
	273	+	1 and shall order the proposed annexation to take place only if the
	274	+	2 evidence introduced by the parties establishes that:
	275	+	3 (1) essential municipal services and facilities are not available to
	276	+	4 the residents of the territory sought to be annexed;
	277	+	5 (2) the municipality is physically and financially able to provide
	278	+	6 municipal services to the territory sought to be annexed;
	279	+	7 (3) the population density of the territory sought to be annexed is
	280	+	8 at least three (3) persons per acre; and
	281	+	9 (4) the territory sought to be annexed is contiguous to the
	282	+	10 municipality.
	283	+	11 If the evidence does not establish all four (4) of the preceding factors,
	284	+	12 the court shall deny the petition and dismiss the proceeding.
	285	+	13 (f) This subsection does not apply to a town that has abolished town
	286	+	14 legislative body districts under IC 36-5-2-4.1. An ordinance adopted
	287	+	15 under this section must assign the territory annexed by the ordinance
	288	+	16 to at least one (1) municipal legislative body district.
	289	+	17 SECTION 6. IC 36-4-3-5.1, AS AMENDED BY P.L.160-2020,
	290	+	18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	291	+	19 UPON PASSAGE]: Sec. 5.1. (a) Owners of land that is located outside
	292	+	20 but contiguous to a municipality or that is located in territory described
	293	+	21 in section 4(i) of this chapter may voluntarily file a petition with the
	294	+	22 legislative body of the municipality:
	295	+	23 (1) requesting an ordinance annexing the area described in the
	296	+	24 petition; and
	297	+	25 (2) signed by:
	298	+	26 (A) one hundred percent (100%) of the landowners that reside
	299	+	27 within the territory that is proposed to be annexed, in the case
	300	+	28 of a petition filed before July 1, 2015; and
	301	+	29 (B) in the case of a petition filed after June 30, 2015, one
	302	+	30 hundred percent (100%) of the owners of land within the
	303	+	31 territory that is proposed to be annexed.
	304	+	32 (b) Sections 2.1 and 2.2 of this chapter do not apply to an
	305	+	33 annexation under this section.
	306	+	34 (c) The petition circulated by the landowners must include on each
	307	+	35 page where signatures are affixed a heading that is substantially similar
	308	+	36 to the following:
	309	+	37 "PETITION FOR ANNEXATION INTO THE (insert whether city
	310	+	38 or town) OF (insert name of city or town).".
	311	+	39 (d) The municipality may (1) adopt an annexation ordinance
	312	+	40 annexing the territory and (2) adopt a fiscal plan and establish a
	313	+	41 definite policy by resolution of the legislative body; after the legislative
	314	+	42 body has held a public hearing on the proposed annexation.
	315	+	2025 IN 1362—LS 7347/DI 116 8
	316	+	1 (e) The municipality may introduce and hold the public hearing on
	317	+	2 the annexation ordinance not later than thirty (30) days after the
	318	+	3 petition is filed with the legislative body. Notice of the public hearing
	319	+	4 may be published one (1) time in accordance with IC 5-3-1 at least
	320	+	5 twenty (20) days before the hearing. All interested parties must have
	321	+	6 the opportunity to testify at the hearing as to the proposed annexation.
	322	+	7 (f) The municipality may adopt the annexation ordinance not earlier
	323	+	8 than fourteen (14) days after the public hearing under subsection (e).
	324	+	9 (g) A landowner may withdraw the landowner's signature from the
	325	+	10 petition not more than thirteen (13) days after the municipality adopts
	326	+	11 the fiscal plan date of the public hearing under subsection (e) by
	327	+	12 providing written notice to the office of the clerk of the municipality.
	328	+	13 If a landowner withdraws the landowner's signature, the petition shall
	329	+	14 automatically be considered a voluntary petition that is filed with the
	330	+	15 legislative body under section 5 of this chapter, fourteen (14) days after
	331	+	16 the date the fiscal plan is adopted. of the public hearing under
	332	+	17 subsection (e). All provisions applicable to a petition initiated under
	333	+	18 section 5 of this chapter apply to the petition.
	334	+	19 (h) If the municipality does not adopt an annexation ordinance
	335	+	20 within sixty (60) days after the landowners file the petition with the
	336	+	21 legislative body, the landowners may file a duplicate petition with the
	337	+	22 circuit or superior court of a county in which the territory is located.
	338	+	23 The court shall determine whether the annexation shall take place as
	339	+	24 set forth in section 5 of this chapter.
	340	+	25 (i) A remonstrance under section 11 of this chapter may not be filed.
	341	+	26 However, an appeal under section 15.5 of this chapter may be filed.
	342	+	27 (j) (i) In the absence of an appeal under section 15.5 of this chapter,
	343	+	28 an annexation ordinance adopted under this section takes effect not less
	344	+	29 than thirty (30) days after the adoption of the ordinance and upon the
	345	+	30 filing and recording of the ordinance under section 22 of this chapter.
	346	+	31 SECTION 7. IC 36-4-3-5.5 IS ADDED TO THE INDIANA CODE
	347	+	32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	348	+	33 UPON PASSAGE]: Sec. 5.5. (a) This section does not apply to an
	349	+	34 annexation under section 5 or 5.1 of this chapter.
	350	+	35 (b) This section applies only to an annexation for which an
	351	+	36 annexation ordinance is adopted after May 14, 2025.
	352	+	37 (c) After adopting an annexation ordinance under section 3 or
	353	+	38 4 of this chapter, in order for the annexation to proceed, the
	354	+	39 municipality must file a written petition under subsection (f) signed
	355	+	40 by owners of land in the territory proposed to be annexed who are
	356	+	41 in favor of the annexation. The petition must be signed by:
	357	+	42 (1) at least sixty-five percent (65%) of the owners of land:
	358	+	2025 IN 1362—LS 7347/DI 116 9
	359	+	1 (A) not exempt from property taxes under IC 6-1.1-10 or
	360	+	any other state law; and2
	361	+	3 (B) in the territory proposed to be annexed; or
	362	+	4 (2) the owners of more than eighty percent (80%) in assessed
	363	+	5 valuation of land:
	364	+	6 (A) not exempt from property taxes under IC 6-1.1-10 or
	365	+	7 any other state law; and
	366	+	8 (B) in the territory proposed to be annexed.
	367	+	9 (d) The petition circulated by the municipality must include on
	368	+	10 each page where signatures are affixed a heading that is
	369	+	11 substantially similar to the following:
	370	+	12 "PETITION FOR ANNEXATION INTO THE (insert whether
	371	+	13 city or town) OF (insert name of city or town).".
	372	+	14 (e) A landowner may withdraw the landowner's signature from
	373	+	15 the petition not more than ten (10) days after the municipality
	374	+	16 adopts the annexation ordinance by providing written notice to the
	375	+	17 office of the clerk of the municipality. A landowner who withdraws
	376	+	18 the landowner's signature from the petition is considered not to
	377	+	19 have signed the petition for purposes of subsection (h)(2).
	378	+	20 (f) The municipality must file the petition with the circuit or
	379	+	21 superior court of the county where the municipality is located not
	380	+	22 later than ninety (90) days after the publication of the annexation
	381	+	23 ordinance under section 7 of this chapter. The petition must be
	382	+	24 accompanied by:
	383	+	25 (1) a copy of the ordinance; and
	384	+	26 (2) the names and addresses of all persons who meet the
	385	+	27 requirements of subsection (h).
	386	+	28 (g) On receipt of the petition, the court shall determine whether
	387	+	29 the petition has the necessary signatures. In determining the total
	388	+	30 number of landowners of the territory proposed to be annexed and
	389	+	31 whether signers of the petition are landowners, the names
	390	+	32 appearing on the tax duplicate for that territory constitute prima
	391	+	33 facie evidence of ownership. Only one (1) person having an interest
	392	+	34 in each single property, as evidenced by the tax duplicate, is
	393	+	35 considered a landowner for purposes of this section. A person is
	394	+	36 entitled to sign a petition only one (1) time, regardless of whether
	395	+	37 the person owns more than one (1) parcel of real property. If the
	396	+	38 court determines that the municipality's petition has a sufficient
	397	+	39 number of signatures, the court shall fix a time, not later than sixty
	398	+	40 (60) days after its determination, for a public hearing on the
	399	+	41 petition.
	400	+	42 (h) A person may intervene as a party at the hearing described
	401	+	2025 IN 1362—LS 7347/DI 116 10
	402	+	1 in subsection (g) if the following requirements are satisfied:
	403	+	2 (1) The person owns, solely or with another person, property
	404	+	3 that is in the territory proposed to be annexed.
	405	+	4 (2) None of the owners of the property signed the petition filed
	406	+	5 by the municipality.
	407	+	6 (3) The person appeared in person or submitted a
	408	+	7 remonstrance or other document objecting to the annexation
	409	+	8 into the record of the municipality's public hearing on the
	410	+	9 annexation ordinance under section 2.1 of this chapter.
	411	+	10 The court shall give a person described in this subsection notice of
	412	+	11 the public hearing on the petition by certified mail.
	413	+	12 SECTION 8. IC 36-4-3-5.6 IS ADDED TO THE INDIANA CODE
	414	+	13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
	415	+	14 UPON PASSAGE]: Sec. 5.6. (a) This section applies only to an
	416	+	15 annexation for which an annexation ordinance is adopted after
	417	+	16 May 14, 2025.
	418	+	17 (b) A waiver or release of the right of remonstrance by a
	419	+	18 landowner or successor in title is void and may not be considered
	420	+	19 or counted as a valid signature on a petition in favor of annexation
	421	+	20 under section 5, 5.1, or 5.5 of this chapter.
	422	+	21 (c) If, with regard to a signature on a petition for annexation
	423	+	22 under section 5, 5.1, or 5.5 of this chapter:
	424	+	23 (1) the validity of a signature is uncertain; and
	425	+	24 (2) this section does not establish a standard to be applied in
	426	+	25 the case;
	427	+	26 a reasonable doubt must be resolved in favor of the validity of the
	428	+	27 signature.
	429	+	28 (d) Whenever the name of an individual, as printed or signed,
	430	+	29 contains a minor variation from the name of the individual as set
	431	+	30 forth in the relevant county records, the signature is considered
	432	+	31 valid.
	433	+	32 (e) Whenever the residence address or mailing address of an
	434	+	33 individual contains a minor variation from the residence address
	435	+	34 or mailing address as set forth in the relevant county records, the
	436	+	signature is considered valid.35
	437	+	36 (f) If the residence address or mailing address of an individual
	438	+	37 contains a substantial variation from the residence address or
	439	+	38 mailing address as set forth in the relevant county records, the
	440	+	39 signature is considered invalid.
	441	+	40 (g) If the signature of an individual does not substantially
	442	+	41 conform with the signature of the individual as set forth in the
	443	+	42 relevant county records, the signature is considered invalid. In
	444	+	2025 IN 1362—LS 7347/DI 116 11
	445	+	1 determining whether a signature substantially conforms with the
	446	+	2 signature in the relevant county records, consideration shall be
	447	+	3 given to whether that lack of conformity may reasonably be
	448	+	4 attributed to the age, disability, or impairment of the individual.
	449	+	5 SECTION 9. IC 36-4-3-7, AS AMENDED BY THE TECHNICAL
	450	+	6 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
	451	+	7 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
	452	+	8 PASSAGE]: Sec. 7. (a) After an ordinance is adopted under section 3,
	453	+	9 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner
	454	+	10 prescribed by IC 5-3-1.
	455	+	11 (b) This subsection applies only to an annexation for which an
	456	+	12 annexation ordinance is adopted before May 15, 2025. Except as
	457	+	13 provided in subsection (b), (c), (d), or (e), in the absence of
	458	+	14 remonstrance and appeal under section 11 or 15.5 of this chapter, the
	459	+	15 ordinance takes effect at least ninety (90) days after its publication and
	460	+	16 upon the filing required by section 22(a) of this chapter.
	461	+	17 (c) An annexation ordinance takes effect as follows:
	462	+	18 (1) This subdivision applies to an annexation under section 5
	463	+	19 of this chapter. Except as provided in subsection (e), in the
	464	+	20 absence of an appeal under section 15.5 of this chapter, the
	465	+	21 annexation ordinance takes effect at least ninety (90) days
	466	+	22 after its publication and upon the filing under section 22(a) of
	467	+	23 this chapter.
	468	+	24 (2) This subdivision applies to an annexation under section 5.1
	469	+	25 of this chapter. Except as provided in subsection (e), in the
	470	+	26 absence of an appeal under section 15.5 of this chapter, the
	471	+	27 ordinance takes effect at least thirty (30) days after the
	472	+	28 adoption of the ordinance and upon the filing under section
	473	+	29 22(a) of this chapter.
	474	+	30 (3) This subdivision applies to an annexation under section 5.5
	475	+	31 of this chapter. Except as provided in subsection (e), if a final
	476	+	32 and unappealable judgment under section 12 or 15.5 of this
	477	+	33 chapter is entered in favor of the annexation, the annexation
	478	+	34 is effective upon the filing under section 22(a) of this chapter.
	479	+	35 (4) This subdivision applies to an annexation under section 7.1
	480	+	36 of this chapter for which an annexation ordinance is adopted
	481	+	37 after May 14, 2025. If a final and unappealable judgment
	482	+	38 under section 12 or 15.5 of this chapter is entered in favor of
	483	+	39 the annexation, the annexation is effective upon the filing
	484	+	40 under section 22(a) of this chapter.
	485	+	41 (5) This subdivision applies to an annexation under section 7.2
	486	+	42 of this chapter. In the absence of an appeal under section 15.5
	487	+	2025 IN 1362—LS 7347/DI 116 12
	488	+	1 of this chapter, the annexation ordinance takes effect at least
	489	+	2 thirty (30) days after its publication and upon the filing under
	490	+	3 section 22(a) of this chapter.
	491	+	4 (b) (d) For the purposes of this section, territory that has been:
	492	+	5 (1) added to an existing fire protection district under
	493	+	6 IC 36-8-11-11; or
	494	+	7 (2) approved by ordinance of the county legislative body to be
	495	+	8 added to an existing fire protection district under IC 36-8-11-11,
	496	+	9 notwithstanding that the territory's addition to the fire protection
	497	+	10 district has not yet taken effect;
	498	+	11 shall be considered a part of the fire protection district as of the date
	499	+	12 that the fire protection district was originally established.
	500	+	13 (c) (e) This subsection applies only to a fire protection district
	501	+	14 established after July 1, 1987. This subsection does not apply to an
	502	+	15 annexation under subsection (g). Whenever a municipality annexes
	503	+	16 territory, all or part of which lies within a fire protection district (IC
	504	+	17 36-8-11), the annexation ordinance, in the absence of remonstrance and
	505	+	18 appeal under section 11 or 15.5 of this chapter (in the case of an
	506	+	19 annexation for which an annexation ordinance is adopted before
	507	+	20 May 15, 2025), or in the absence of a hearing or an appeal under
	508	+	21 section 12 or 15.5 of this chapter (in the case of an annexation for
	509	+	22 which an annexation ordinance is adopted after May 14, 2025),
	510	+	23 takes effect the second January 1 that follows the date the ordinance is
	511	+	24 adopted and upon the filing required by section 22(a) of this chapter.
	512	+	25 The municipality shall:
	513	+	26 (1) provide fire protection to that territory beginning the date the
	514	+	27 ordinance is effective; and
	515	+	28 (2) send written notice to the fire protection district of the date the
	516	+	29 municipality will begin to provide fire protection to the annexed
	517	+	30 territory within ten (10) days of the date the ordinance is adopted.
	518	+	31 (d) (f) This subsection applies only to a fire protection district
	519	+	32 established after July 1, 1987. This subsection does not apply to an
	520	+	33 annexation under subsection (g). If the fire protection district from
	521	+	34 which a municipality annexes territory is indebted or has outstanding
	522	+	35 unpaid bonds or other obligations at the time the annexation is
	523	+	36 effective, the municipality is liable for and shall pay that indebtedness
	524	+	37 in the same ratio as the assessed valuation of the property in the
	525	+	38 annexed territory (that is part of the fire protection district) bears to the
	526	+	39 assessed valuation of all property in the fire protection district, as
	527	+	40 shown by the most recent assessment for taxation before the
	528	+	41 annexation, unless the assessed property within the municipality is
	529	+	42 already liable for the indebtedness. The annexing municipality shall
	530	+	2025 IN 1362—LS 7347/DI 116 13
	531	+	1 pay its indebtedness under this section to the board of fire trustees. If
	532	+	2 the indebtedness consists of outstanding unpaid bonds or notes of the
	533	+	3 fire protection district, the payments to the board of fire trustees shall
	534	+	4 be made as the principal or interest on the bonds or notes becomes due.
	535	+	5 (e) This subsection applies to an annexation initiated by property
	536	+	6 owners under section 5.1 of this chapter in which all property owners
	537	+	7 within the area to be annexed petition the municipality to be annexed.
	538	+	8 Subject to subsection (c), and in the absence of an appeal under section
	539	+	9 15.5 of this chapter, an annexation ordinance takes effect at least thirty
	540	+	10 (30) days after its publication and upon the filing required by section
	541	+	11 22(a) of this chapter.
	542	+	12 (f) (g) Whenever a municipality annexes territory that lies within a
	543	+	13 fire protection district that has a total net assessed value (as determined
	544	+	14 by the county auditor) of more than one billion dollars
	545	+	15 ($1,000,000,000) on the date the annexation ordinance is adopted:
	546	+	16 (1) the annexed area shall remain a part of the fire protection
	547	+	17 district after the annexation takes effect; and
	548	+	18 (2) the fire protection district shall continue to provide fire
	549	+	19 protection services to the annexed area.
	550	+	20 The municipality shall not tax the annexed territory for fire protection
	551	+	21 services. The annexing municipality shall establish a special fire fund
	552	+	22 for all fire protection services that are provided by the municipality
	553	+	23 within the area of the municipality that is not within the fire protection
	554	+	24 district, and which shall not be assessed to the annexed special taxing
	555	+	25 district. The annexed territory that lies within the fire protection district
	556	+	26 shall continue to be part of the fire protection district special taxing
	557	+	27 district.
	558	+	28 SECTION 10. IC 36-4-3-7.1, AS AMENDED BY P.L.104-2022,
	559	+	29 SECTION 156, IS AMENDED TO READ AS FOLLOWS
	560	+	30 [EFFECTIVE UPON PASSAGE]: Sec. 7.1. (a) An ordinance adopted
	561	+	31 under section 4 or 5.1 of this chapter that meets the conditions set
	562	+	32 forth in subsection (b) takes effect as follows:
	563	+	33 (1) In the case of an annexation for which an annexation
	564	+	34 ordinance was adopted before May 15, 2025, the ordinance
	565	+	35 takes effect immediately:
	566	+	36 (A) upon the expiration of the remonstrance and appeal period
	567	+	37 under section 11, 11.1, or 15.5 of this chapter; and
	568	+	38 (B) after the publication, filing, and recording required by
	569	+	39 section 22(a) of this chapter. if all of the following conditions
	570	+	40 are met:
	571	+	41 (2) In the case of an annexation for which an annexation
	572	+	42 ordinance was adopted after May 14, 2025, the ordinance
	573	+	2025 IN 1362—LS 7347/DI 116 14
	574	+	1 takes effect as set forth in section 7(c)(4) of this chapter.
	575	+	2 (b) This section applies to an annexation that meets all of the
	576	+	3 following conditions:
	577	+	4 (1) The annexed territory has no population.
	578	+	5 (2) Ninety percent (90%) of the total assessed value of the land
	579	+	6 for property tax purposes has one (1) owner.
	580	+	7 (3) The annexation is required to fulfill an economic development
	581	+	8 incentive package and to retain an industry through various local
	582	+	9 incentives, including urban enterprise zone benefits.
	583	+	10 SECTION 11. IC 36-4-3-7.2, AS AMENDED BY THE
	584	+	11 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
	585	+	12 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	586	+	13 UPON PASSAGE]: Sec. 7.2. (a) This section applies to an annexation
	587	+	14 that satisfies all of the following:
	588	+	15 (1) The annexation ordinance is adopted after December 31,
	589	+	16 2020.
	590	+	17 (2) The annexation is initiated by property owners under section
	591	+	18 5.1 of this chapter in which all property owners within the
	592	+	19 annexation territory petition the municipality to be annexed.
	593	+	20 (3) All or part of the annexation territory is within a fire
	594	+	21 protection district that was established after July 1, 1987.
	595	+	22 (4) At least a majority of the members of the board of trustees of
	596	+	23 the fire protection district adopt a resolution consenting to the
	597	+	24 annexation.
	598	+	25 (5) The portion of the annexation territory located within the fire
	599	+	26 protection district constitutes less than three percent (3%) of the
	600	+	27 total net assessed value (as determined by the county auditor) of
	601	+	28 the fire protection district on the date the annexation ordinance is
	602	+	29 adopted.
	603	+	30 (b) Section 7(b), 7(c), 7(d), and 7(e) 7(f) of this chapter apply to an
	604	+	31 annexation under this section.
	605	+	32 (c) Section 7(a), 7(d), 7(b) 7(f), and 7(g) of this chapter do not apply
	606	+	33 to an annexation under this section.
	607	+	34 (d) After an annexation ordinance is adopted, the ordinance must be
	608	+	35 published in the manner prescribed by IC 5-3-1. In the absence of an
	609	+	36 appeal under section 15.5 of this chapter, the annexation ordinance
	610	+	37 takes effect at least thirty (30) days after its publication and upon the
	611	+	38 filing required by section 22(a) of this chapter. The annexation
	612	+	39 ordinance takes effect as set forth in section 7(c)(5) of this chapter.
	613	+	40 SECTION 12. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
	614	+	41 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	615	+	42 UPON PASSAGE]: Sec. 11. (a) This subsection applies only to an
	616	+	2025 IN 1362—LS 7347/DI 116 15
	617	+	1 annexation for which an annexation ordinance was adopted before July
	618	+	2 1, 2015. Except as provided in section 5.1(i) of this chapter (as in
	619	+	3 effect on July 1, 2015) and subsections subsection (e), and (f),
	620	+	4 whenever territory is annexed by a municipality under this chapter, the
	621	+	5 annexation may be appealed by filing with the circuit or superior court
	622	+	6 of a county in which the annexed territory is located a written
	623	+	7 remonstrance signed by:
	624	+	8 (1) at least sixty-five percent (65%) of the owners of land in the
	625	+	9 annexed territory; or
	626	+	10 (2) the owners of more than seventy-five percent (75%) in
	627	+	11 assessed valuation of the land in the annexed territory.
	628	+	12 The remonstrance must be filed within ninety (90) days after the
	629	+	13 publication of the annexation ordinance under section 7 of this chapter,
	630	+	14 must be accompanied by a copy of that ordinance, and must state the
	631	+	15 reason why the annexation should not take place.
	632	+	16 (b) This subsection applies only to an annexation for which an
	633	+	17 annexation ordinance was adopted before July 1, 2015. On receipt of
	634	+	18 the remonstrance, the court shall determine whether the remonstrance
	635	+	19 has the necessary signatures. In determining the total number of
	636	+	20 landowners of the annexed territory and whether signers of the
	637	+	21 remonstrance are landowners, the names appearing on the tax duplicate
	638	+	22 for that territory constitute prima facie evidence of ownership. Only
	639	+	23 one (1) person having an interest in each single property, as evidenced
	640	+	24 by the tax duplicate, is considered a landowner for purposes of this
	641	+	25 section.
	642	+	26 (c) This subsection applies only to an annexation for which an
	643	+	27 annexation ordinance was adopted before July 1, 2015. If the court
	644	+	28 determines that the remonstrance is sufficient, the court shall fix a time,
	645	+	29 within sixty (60) days after the court's determination, for a hearing on
	646	+	30 the remonstrance. Notice of the proceedings, in the form of a summons,
	647	+	31 shall be served on the annexing municipality. The municipality is the
	648	+	32 defendant in the cause and shall appear and answer.
	649	+	33 (d) This subsection applies only to an annexation for which an
	650	+	34 annexation ordinance was adopted after June 30, 2015, and before
	651	+	35 May 15, 2025. If the requirements of section 11.3(c) or (after
	652	+	36 December 31, 2016) section 11.4 of this chapter are met, the
	653	+	37 annexation may be appealed by filing with the circuit or superior court
	654	+	38 of a county in which the annexed territory is located:
	655	+	39 (1) the signed remonstrances filed with the county auditor;
	656	+	40 (2) the county auditor's certification under section 11.2(i) of this
	657	+	41 chapter;
	658	+	42 (3) the annexation ordinance; and
	659	+	2025 IN 1362—LS 7347/DI 116 16
	660	+	1 (4) a statement of the reason why the annexation should not take
	661	+	2 place.
	662	+	3 The remonstrance must be filed with the court not later than fifteen
	663	+	4 (15) business days after the date the county auditor files the certificate
	664	+	5 with the legislative body under section 11.2(i) of this chapter. After a
	665	+	6 remonstrance petition is filed with the court, any person who signed a
	666	+	7 remonstrance may file with the court a verified, written revocation of
	667	+	8 the person's opposition to the annexation.
	668	+	9 (e) If an annexation is initiated by property owners under section 5.1
	669	+	10 of this chapter and all property owners within the area to be annexed
	670	+	11 petition the municipality to be annexed, a remonstrance to the
	671	+	12 annexation may not be filed under this section.
	672	+	13 (f) (e) This subsection applies only to an annexation for which an
	673	+	14 annexation ordinance is adopted before July 1, 2015. This subsection
	674	+	15 applies if:
	675	+	16 (1) the territory to be annexed consists of not more than one
	676	+	17 hundred (100) parcels; and
	677	+	18 (2) eighty percent (80%) of the boundary of the territory proposed
	678	+	19 to be annexed is contiguous to the municipality.
	679	+	20 An annexation may be appealed by filing with the circuit or superior
	680	+	21 court of a county in which the annexed territory is located a written
	681	+	22 remonstrance signed by at least seventy-five percent (75%) of the
	682	+	23 owners of land in the annexed territory as determined under subsection
	683	+	24 (b).
	684	+	25 SECTION 13. IC 36-4-3-11.1, AS ADDED BY P.L.228-2015,
	685	+	26 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	686	+	27 UPON PASSAGE]: Sec. 11.1. (a) This section applies only to an
	687	+	28 annexation ordinance adopted after June 30, 2015, and before May 15,
	688	+	29 2025.
	689	+	30 (b) After a municipality adopts an annexation ordinance in
	690	+	31 accordance with all applicable notice and hearing requirements under
	691	+	32 this chapter, the annexation may not proceed unless the annexing
	692	+	33 municipality completes the procedures set forth in this section.
	693	+	34 (c) The proper officers of the municipality must give notice of the
	694	+	35 applicability of the remonstrance process by providing notice by:
	695	+	36 (1) publication in accordance with IC 5-3-1; and
	696	+	37 (2) first class mail or certified mail with return receipt requested,
	697	+	38 or any other means of delivery that includes a return receipt;
	698	+	39 to the circuit court clerk and to owners of real property described in
	699	+	40 section 2.2 of this chapter. Notice under this section must be published
	700	+	41 and mailed or delivered on the same date that notice of the adoption of
	701	+	42 the annexation ordinance is published under section 7 of this chapter.
	702	+	2025 IN 1362—LS 7347/DI 116 17
	703	+	1 (d) The notice of the applicability of the remonstrance process under
	704	+	2 subsection (c) must state the following:
	705	+	3 (1) Any owners of real property within the area proposed to be
	706	+	4 annexed who want to remonstrate against the proposed
	707	+	5 annexation must complete and file remonstrance petitions in
	708	+	6 compliance with this chapter. The notice must state:
	709	+	7 (A) that remonstrance petitions must be filed not later than
	710	+	8 ninety (90) days after the date that notice of the adoption of the
	711	+	9 annexation ordinance was published under section 7 of this
	712	+	10 chapter; and
	713	+	11 (B) the last date in accordance with clause (A) that
	714	+	12 remonstrance petitions must be filed with the county auditor
	715	+	13 to be valid.
	716	+	14 (2) A remonstrance petition may be signed at the locations
	717	+	15 provided by the municipality under subsection (e). The notice
	718	+	16 must provide the following information regarding each location:
	719	+	17 (A) The address of the location.
	720	+	18 (B) The dates and hours during which a remonstrance petition
	721	+	19 may be signed at the location.
	722	+	20 (e) Beginning the day after publication of the notice under
	723	+	21 subsection (c) and ending not later than ninety (90) days after
	724	+	22 publication of the notice under subsection (c), the municipality shall
	725	+	23 provide both of the following:
	726	+	24 (1) At least one (1) location in the offices of the municipality
	727	+	25 where a person may sign a remonstrance petition during regular
	728	+	26 business hours.
	729	+	27 (2) At least one (1) additional location that is available for at least
	730	+	28 five (5) days, where a person may sign a remonstrance petition.
	731	+	29 The location must meet the following requirements:
	732	+	30 (A) The location must be in a public building:
	733	+	31 (i) owned or leased by the state or a political subdivision,
	734	+	32 including a public library, community center, or parks and
	735	+	33 recreation building; and
	736	+	34 (ii) located within the boundaries of the municipality or the
	737	+	35 annexation territory.
	738	+	36 (B) The location must be open according to the following:
	739	+	37 (i) On a day that the location is open on a weekday, the
	740	+	38 location must be open at a minimum from 5 p.m. to 9 p.m.
	741	+	39 (ii) On a day that the location is open on a Saturday or
	742	+	40 Sunday, the location must be open at least four (4) hours
	743	+	41 during the period from 9 a.m. to 5 p.m.
	744	+	42 (f) An additional location may not be open on a day that is a legal
	745	+	2025 IN 1362—LS 7347/DI 116 18
	746	+	1 holiday. At any location and during the hours that a remonstrance
	747	+	2 petition may be signed, the municipality shall have a person present:
	748	+	3 (1) to witness the signing of remonstrance petitions; and
	749	+	4 (2) who shall swear and affirm before a notary public that the
	750	+	5 person witnessed each person sign the remonstrance petition.
	751	+	6 SECTION 14. IC 36-4-3-11.2, AS AMENDED BY P.L.206-2016,
	752	+	7 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	753	+	8 UPON PASSAGE]: Sec. 11.2. (a) This section applies only to an
	754	+	9 annexation ordinance adopted after June 30, 2015, and before May 15,
455	755		10 2025.
456		-	11 SECTION 8. IC 36-4-3-5.6 IS ADDED TO THE INDIANA CODE
457		-	12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
458		-	13 UPON PASSAGE]: Sec. 5.6. (a) This section applies only to an
459		-	14 annexation for which an annexation ordinance is adopted after
460		-	15 May 14, 2025.
461		-	16 (b) A waiver or release of the right of remonstrance by a
462		-	17 landowner or successor in title is void and may not be considered
463		-	18 or counted as a valid signature on a petition in favor of annexation
464		-	19 under section 5, 5.1, or 5.5 of this chapter.
465		-	20 (c) If, with regard to a signature on a petition for annexation
466		-	21 under section 5, 5.1, or 5.5 of this chapter:
467		-	22 (1) the validity of a signature is uncertain; and
468		-	23 (2) this section does not establish a standard to be applied in
469		-	24 the case;
470		-	25 a reasonable doubt must be resolved in favor of the validity of the
471		-	26 signature.
472		-	27 (d) Whenever the name of an individual, as printed or signed,
473		-	28 contains a minor variation from the name of the individual as set
474		-	29 forth in the relevant county records, the signature is considered
475		-	30 valid.
476		-	31 (e) Whenever the residence address or mailing address of an
477		-	32 individual contains a minor variation from the residence address
478		-	33 or mailing address as set forth in the relevant county records, the
479		-	signature is considered valid.34
480		-	35 (f) If the residence address or mailing address of an individual
481		-	36 contains a substantial variation from the residence address or
482		-	37 mailing address as set forth in the relevant county records, the
483		-	38 signature is considered invalid.
484		-	39 (g) If the signature of an individual does not substantially
485		-	40 conform with the signature of the individual as set forth in the
486		-	41 relevant county records, the signature is considered invalid. In
487		-	42 determining whether a signature substantially conforms with the
488		-	HB 1362—LS 7347/DI 116 12
489		-	1 signature in the relevant county records, consideration shall be
490		-	2 given to whether that lack of conformity may reasonably be
491		-	3 attributed to the age, disability, or impairment of the individual.
492		-	4 SECTION 9. IC 36-4-3-7, AS AMENDED BY THE TECHNICAL
493		-	5 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
494		-	6 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
495		-	7 PASSAGE]: Sec. 7. (a) After an ordinance is adopted under section 3,
496		-	8 4, 5, 5.1, or 5.2 of this chapter, it must be published in the manner
497		-	9 prescribed by IC 5-3-1.
498		-	10 (b) This subsection applies only to an annexation for which an
499		-	11 annexation ordinance is adopted before May 15, 2025. Except as
500		-	12 provided in subsection (b), (c), (d), or (e), in the absence of
501		-	13 remonstrance and appeal under section 11 or 15.5 of this chapter, the
502		-	14 ordinance takes effect at least ninety (90) days after its publication and
503		-	15 upon the filing required by section 22(a) of this chapter.
504		-	16 (c) An annexation ordinance takes effect as follows:
505		-	17 (1) This subdivision applies to an annexation under section 5
506		-	18 of this chapter. Except as provided in subsection (e), in the
507		-	19 absence of an appeal under section 15.5 of this chapter, the
508		-	20 annexation ordinance takes effect at least ninety (90) days
509		-	21 after its publication and upon the filing under section 22(a) of
510		-	22 this chapter.
511		-	23 (2) This subdivision applies to an annexation under section 5.1
512		-	24 of this chapter. Except as provided in subsection (e), in the
513		-	25 absence of an appeal under section 15.5 of this chapter, the
514		-	26 ordinance takes effect at least thirty (30) days after the
515		-	27 adoption of the ordinance and upon the filing under section
516		-	28 22(a) of this chapter.
517		-	29 (3) This subdivision applies to an annexation under section 5.5
518		-	30 of this chapter. Except as provided in subsection (e), if a final
519		-	31 and unappealable judgment under section 12 or 15.5 of this
520		-	32 chapter is entered in favor of the annexation, the annexation
521		-	33 is effective upon the filing under section 22(a) of this chapter.
522		-	34 (4) This subdivision applies to an annexation under section 7.1
523		-	35 of this chapter for which an annexation ordinance is adopted
524		-	36 after May 14, 2025. If a final and unappealable judgment
525		-	37 under section 12 or 15.5 of this chapter is entered in favor of
526		-	38 the annexation, the annexation is effective upon the filing
527		-	39 under section 22(a) of this chapter.
528		-	40 (5) This subdivision applies to an annexation under section 7.2
529		-	41 of this chapter. In the absence of an appeal under section 15.5
530		-	42 of this chapter, the annexation ordinance takes effect at least
531		-	HB 1362—LS 7347/DI 116 13
532		-	1 thirty (30) days after its publication and upon the filing under
533		-	2 section 22(a) of this chapter.
534		-	3 (b) (d) For the purposes of this section, territory that has been:
535		-	4 (1) added to an existing fire protection district under
536		-	5 IC 36-8-11-11; or
537		-	6 (2) approved by ordinance of the county legislative body to be
538		-	7 added to an existing fire protection district under IC 36-8-11-11,
539		-	8 notwithstanding that the territory's addition to the fire protection
540		-	9 district has not yet taken effect;
541		-	10 shall be considered a part of the fire protection district as of the date
542		-	11 that the fire protection district was originally established.
543		-	12 (c) (e) This subsection applies only to a fire protection district
544		-	13 established after July 1, 1987. This subsection does not apply to an
545		-	14 annexation under subsection (g). Whenever a municipality annexes
546		-	15 territory, all or part of which lies within a fire protection district
547		-	16 (IC 36-8-11), the annexation ordinance, in the absence of remonstrance
548		-	17 and appeal under section 11 or 15.5 of this chapter (in the case of an
549		-	18 annexation for which an annexation ordinance is adopted before
550		-	19 May 15, 2025), or in the absence of a hearing or an appeal under
551		-	20 section 12 or 15.5 of this chapter (in the case of an annexation for
552		-	21 which an annexation ordinance is adopted after May 14, 2025),
553		-	22 takes effect the second January 1 that follows the date the ordinance is
554		-	23 adopted and upon the filing required by section 22(a) of this chapter.
555		-	24 The municipality shall:
556		-	25 (1) provide fire protection to that territory beginning the date the
557		-	26 ordinance is effective; and
558		-	27 (2) send written notice to the fire protection district of the date the
559		-	28 municipality will begin to provide fire protection to the annexed
560		-	29 territory within ten (10) days of the date the ordinance is adopted.
561		-	30 (d) (f) This subsection applies only to a fire protection district
562		-	31 established after July 1, 1987. This subsection does not apply to an
563		-	32 annexation under subsection (g). If the fire protection district from
564		-	33 which a municipality annexes territory is indebted or has outstanding
565		-	34 unpaid bonds or other obligations at the time the annexation is
566		-	35 effective, the municipality is liable for and shall pay that indebtedness
567		-	36 in the same ratio as the assessed valuation of the property in the
568		-	37 annexed territory (that is part of the fire protection district) bears to the
569		-	38 assessed valuation of all property in the fire protection district, as
570		-	39 shown by the most recent assessment for taxation before the
571		-	40 annexation, unless the assessed property within the municipality is
572		-	41 already liable for the indebtedness. The annexing municipality shall
573		-	42 pay its indebtedness under this section to the board of fire trustees. If
574		-	HB 1362—LS 7347/DI 116 14
575		-	1 the indebtedness consists of outstanding unpaid bonds or notes of the
576		-	2 fire protection district, the payments to the board of fire trustees shall
577		-	3 be made as the principal or interest on the bonds or notes becomes due.
578		-	4 (e) This subsection applies to an annexation initiated by property
579		-	5 owners under section 5.1 of this chapter in which all property owners
580		-	6 within the area to be annexed petition the municipality to be annexed.
581		-	7 Subject to subsection (c), and in the absence of an appeal under section
582		-	8 15.5 of this chapter, an annexation ordinance takes effect at least thirty
583		-	9 (30) days after its publication and upon the filing required by section
584		-	10 22(a) of this chapter.
585		-	11 (f) (g) Whenever a municipality annexes territory that lies within a
586		-	12 fire protection district that has a total net assessed value (as determined
587		-	13 by the county auditor) of more than one billion dollars
588		-	14 ($1,000,000,000) on the date the annexation ordinance is adopted:
589		-	15 (1) the annexed area shall remain a part of the fire protection
590		-	16 district after the annexation takes effect; and
591		-	17 (2) the fire protection district shall continue to provide fire
592		-	18 protection services to the annexed area.
593		-	19 The municipality shall not tax the annexed territory for fire protection
594		-	20 services. The annexing municipality shall establish a special fire fund
595		-	21 for all fire protection services that are provided by the municipality
596		-	22 within the area of the municipality that is not within the fire protection
597		-	23 district, and which shall not be assessed to the annexed special taxing
598		-	24 district. The annexed territory that lies within the fire protection district
599		-	25 shall continue to be part of the fire protection district special taxing
600		-	26 district.
601		-	27 SECTION 10. IC 36-4-3-7.1, AS AMENDED BY P.L.104-2022,
602		-	28 SECTION 156, IS AMENDED TO READ AS FOLLOWS
603		-	29 [EFFECTIVE UPON PASSAGE]: Sec. 7.1. (a) An ordinance adopted
604		-	30 under section 4 or 5.1 of this chapter that meets the conditions set
605		-	31 forth in subsection (b) takes effect as follows:
606		-	32 (1) In the case of an annexation for which an annexation
607		-	33 ordinance was adopted before May 15, 2025, the ordinance
608		-	34 takes effect immediately:
609		-	35 (A) upon the expiration of the remonstrance and appeal period
610		-	36 under section 11, 11.1, or 15.5 of this chapter; and
611		-	37 (B) after the publication, filing, and recording required by
612		-	38 section 22(a) of this chapter. if all of the following conditions
613		-	39 are met:
614		-	40 (2) In the case of an annexation for which an annexation
615		-	41 ordinance was adopted after May 14, 2025, the ordinance
616		-	42 takes effect as set forth in section 7(c)(4) of this chapter.
617		-	HB 1362—LS 7347/DI 116 15
618		-	1 (b) This section applies to an annexation that meets all of the
619		-	2 following conditions:
620		-	3 (1) The annexed territory has no population.
621		-	4 (2) Ninety percent (90%) of the total assessed value of the land
622		-	5 for property tax purposes has one (1) owner.
623		-	6 (3) The annexation is required to fulfill an economic development
624		-	7 incentive package and to retain an industry through various local
625		-	8 incentives, including urban enterprise zone benefits.
626		-	9 SECTION 11. IC 36-4-3-7.2, AS AMENDED BY THE
627		-	10 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
628		-	11 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
629		-	12 UPON PASSAGE]: Sec. 7.2. (a) This section applies to an annexation
630		-	13 that satisfies all of the following:
631		-	14 (1) The annexation ordinance is adopted after December 31,
632		-	15 2020.
633		-	16 (2) The annexation is initiated by property owners under section
634		-	17 5.1 of this chapter in which all property owners within the
635		-	18 annexation territory petition the municipality to be annexed.
636		-	19 (3) All or part of the annexation territory is within a fire
637		-	20 protection district that was established after July 1, 1987.
638		-	21 (4) At least a majority of the members of the board of trustees of
639		-	22 the fire protection district adopt a resolution consenting to the
640		-	23 annexation.
641		-	24 (5) The portion of the annexation territory located within the fire
642		-	25 protection district constitutes less than three percent (3%) of the
643		-	26 total net assessed value (as determined by the county auditor) of
644		-	27 the fire protection district on the date the annexation ordinance is
645		-	28 adopted.
646		-	29 (b) Section 7(b), 7(c), 7(d), and 7(e) 7(f) of this chapter apply to an
647		-	30 annexation under this section.
648		-	31 (c) Section 7(a), 7(d), 7(b) 7(f), and 7(g) of this chapter do not apply
649		-	32 to an annexation under this section.
650		-	33 (d) After an annexation ordinance is adopted, the ordinance must be
651		-	34 published in the manner prescribed by IC 5-3-1. In the absence of an
652		-	35 appeal under section 15.5 of this chapter, the annexation ordinance
653		-	36 takes effect at least thirty (30) days after its publication and upon the
654		-	37 filing required by section 22(a) of this chapter. The annexation
655		-	38 ordinance takes effect as set forth in section 7(c)(5) of this chapter.
656		-	39 SECTION 12. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
657		-	40 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
658		-	41 UPON PASSAGE]: Sec. 11. (a) This subsection applies only to an
659		-	42 annexation for which an annexation ordinance was adopted before July
660		-	HB 1362—LS 7347/DI 116 16
661		-	1 1, 2015. Except as provided in section 5.1(i) of this chapter (as in
662		-	2 effect on July 1, 2015) and subsections subsection (e), and (f),
663		-	3 whenever territory is annexed by a municipality under this chapter, the
664		-	4 annexation may be appealed by filing with the circuit or superior court
665		-	5 of a county in which the annexed territory is located a written
666		-	6 remonstrance signed by:
667		-	7 (1) at least sixty-five percent (65%) of the owners of land in the
668		-	8 annexed territory; or
669		-	9 (2) the owners of more than seventy-five percent (75%) in
670		-	10 assessed valuation of the land in the annexed territory.
671		-	11 The remonstrance must be filed within ninety (90) days after the
672		-	12 publication of the annexation ordinance under section 7 of this chapter,
673		-	13 must be accompanied by a copy of that ordinance, and must state the
674		-	14 reason why the annexation should not take place.
675		-	15 (b) This subsection applies only to an annexation for which an
676		-	16 annexation ordinance was adopted before July 1, 2015. On receipt of
677		-	17 the remonstrance, the court shall determine whether the remonstrance
678		-	18 has the necessary signatures. In determining the total number of
679		-	19 landowners of the annexed territory and whether signers of the
680		-	20 remonstrance are landowners, the names appearing on the tax duplicate
681		-	21 for that territory constitute prima facie evidence of ownership. Only
682		-	22 one (1) person having an interest in each single property, as evidenced
683		-	23 by the tax duplicate, is considered a landowner for purposes of this
684		-	24 section.
685		-	25 (c) This subsection applies only to an annexation for which an
686		-	26 annexation ordinance was adopted before July 1, 2015. If the court
687		-	27 determines that the remonstrance is sufficient, the court shall fix a time,
688		-	28 within sixty (60) days after the court's determination, for a hearing on
689		-	29 the remonstrance. Notice of the proceedings, in the form of a summons,
690		-	30 shall be served on the annexing municipality. The municipality is the
691		-	31 defendant in the cause and shall appear and answer.
692		-	32 (d) This subsection applies only to an annexation for which an
693		-	33 annexation ordinance was adopted after June 30, 2015, and before
694		-	34 May 15, 2025. If the requirements of section 11.3(c) or (after
695		-	35 December 31, 2016) section 11.4 of this chapter are met, the
696		-	36 annexation may be appealed by filing with the circuit or superior court
697		-	37 of a county in which the annexed territory is located:
698		-	38 (1) the signed remonstrances filed with the county auditor;
699		-	39 (2) the county auditor's certification under section 11.2(i) of this
700		-	40 chapter;
701		-	41 (3) the annexation ordinance; and
702		-	42 (4) a statement of the reason why the annexation should not take
703		-	HB 1362—LS 7347/DI 116 17
704		-	1 place.
705		-	2 The remonstrance must be filed with the court not later than fifteen
706		-	3 (15) business days after the date the county auditor files the certificate
707		-	4 with the legislative body under section 11.2(i) of this chapter. After a
708		-	5 remonstrance petition is filed with the court, any person who signed a
709		-	6 remonstrance may file with the court a verified, written revocation of
710		-	7 the person's opposition to the annexation.
711		-	8 (e) If an annexation is initiated by property owners under section 5.1
712		-	9 of this chapter and all property owners within the area to be annexed
713		-	10 petition the municipality to be annexed, a remonstrance to the
714		-	11 annexation may not be filed under this section.
715		-	12 (f) (e) This subsection applies only to an annexation for which an
716		-	13 annexation ordinance is adopted before July 1, 2015. This subsection
717		-	14 applies if:
718		-	15 (1) the territory to be annexed consists of not more than one
719		-	16 hundred (100) parcels; and
720		-	17 (2) eighty percent (80%) of the boundary of the territory proposed
721		-	18 to be annexed is contiguous to the municipality.
722		-	19 An annexation may be appealed by filing with the circuit or superior
723		-	20 court of a county in which the annexed territory is located a written
724		-	21 remonstrance signed by at least seventy-five percent (75%) of the
725		-	22 owners of land in the annexed territory as determined under subsection
726		-	23 (b).
727		-	24 SECTION 13. IC 36-4-3-11.1, AS ADDED BY P.L.228-2015,
728		-	25 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
729		-	26 UPON PASSAGE]: Sec. 11.1. (a) This section applies only to an
730		-	27 annexation ordinance adopted after June 30, 2015, and before May 15,
731		-	28 2025.
732		-	29 (b) After a municipality adopts an annexation ordinance in
733		-	30 accordance with all applicable notice and hearing requirements under
734		-	31 this chapter, the annexation may not proceed unless the annexing
735		-	32 municipality completes the procedures set forth in this section.
736		-	33 (c) The proper officers of the municipality must give notice of the
737		-	34 applicability of the remonstrance process by providing notice by:
738		-	35 (1) publication in accordance with IC 5-3-1; and
739		-	36 (2) first class mail or certified mail with return receipt requested,
740		-	37 or any other means of delivery that includes a return receipt;
741		-	38 to the circuit court clerk and to owners of real property described in
742		-	39 section 2.2 of this chapter. Notice under this section must be published
743		-	40 and mailed or delivered on the same date that notice of the adoption of
744		-	41 the annexation ordinance is published under section 7 of this chapter.
745		-	42 (d) The notice of the applicability of the remonstrance process under
746		-	HB 1362—LS 7347/DI 116 18
747		-	1 subsection (c) must state the following:
748		-	2 (1) Any owners of real property within the area proposed to be
749		-	3 annexed who want to remonstrate against the proposed
750		-	4 annexation must complete and file remonstrance petitions in
751		-	5 compliance with this chapter. The notice must state:
752		-	6 (A) that remonstrance petitions must be filed not later than
753		-	7 ninety (90) days after the date that notice of the adoption of the
754		-	8 annexation ordinance was published under section 7 of this
755		-	9 chapter; and
756		-	10 (B) the last date in accordance with clause (A) that
757		-	11 remonstrance petitions must be filed with the county auditor
758		-	12 to be valid.
759		-	13 (2) A remonstrance petition may be signed at the locations
760		-	14 provided by the municipality under subsection (e). The notice
761		-	15 must provide the following information regarding each location:
762		-	16 (A) The address of the location.
763		-	17 (B) The dates and hours during which a remonstrance petition
764		-	18 may be signed at the location.
765		-	19 (e) Beginning the day after publication of the notice under
766		-	20 subsection (c) and ending not later than ninety (90) days after
767		-	21 publication of the notice under subsection (c), the municipality shall
768		-	22 provide both of the following:
769		-	23 (1) At least one (1) location in the offices of the municipality
770		-	24 where a person may sign a remonstrance petition during regular
771		-	25 business hours.
772		-	26 (2) At least one (1) additional location that is available for at least
773		-	27 five (5) days, where a person may sign a remonstrance petition.
774		-	28 The location must meet the following requirements:
775		-	29 (A) The location must be in a public building:
776		-	30 (i) owned or leased by the state or a political subdivision,
777		-	31 including a public library, community center, or parks and
778		-	32 recreation building; and
779		-	33 (ii) located within the boundaries of the municipality or the
780		-	34 annexation territory.
781		-	35 (B) The location must be open according to the following:
782		-	36 (i) On a day that the location is open on a weekday, the
783		-	37 location must be open at a minimum from 5 p.m. to 9 p.m.
784		-	38 (ii) On a day that the location is open on a Saturday or
785		-	39 Sunday, the location must be open at least four (4) hours
786		-	40 during the period from 9 a.m. to 5 p.m.
787		-	41 (f) An additional location may not be open on a day that is a legal
788		-	42 holiday. At any location and during the hours that a remonstrance
789		-	HB 1362—LS 7347/DI 116 19
790		-	1 petition may be signed, the municipality shall have a person present:
791		-	2 (1) to witness the signing of remonstrance petitions; and
792		-	3 (2) who shall swear and affirm before a notary public that the
793		-	4 person witnessed each person sign the remonstrance petition.
794		-	5 SECTION 14. IC 36-4-3-11.2, AS AMENDED BY P.L.206-2016,
795		-	6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
796		-	7 UPON PASSAGE]: Sec. 11.2. (a) This section applies only to an
797		-	8 annexation ordinance adopted after June 30, 2015, and before May 15,
798		-	9 2025.
799		-	10 (b) A remonstrance petition may be filed by an owner of real
800		-	11 property that:
801		-	12 (1) is within the area to be annexed;
802		-	13 (2) was not exempt from property taxes under IC 6-1.1-10 or any
803		-	14 other state law for the immediately preceding year; and
804		-	15 (3) is not subject to a valid waiver of remonstrance.
805		-	16 (c) A remonstrance petition must comply with the following in order
806		-	17 to be effective:
807		-	18 (1) Each signature on a remonstrance petition must be dated, and
808		-	19 the date of the signature may not be earlier than the date on which
809		-	20 the remonstrance forms may be issued by the county auditor
810		-	21 under subsection (e)(7).
811		-	22 (2) Each person who signs a remonstrance petition must indicate
812		-	23 the address of the real property owned by the person in the area
813		-	24 to be annexed.
814		-	25 (3) A remonstrance petition must be verified in compliance with
815		-	26 subsection (e).
816		-	27 (d) The state board of accounts shall design the remonstrance forms
817		-	28 to be used solely in the remonstrance process described in this section.
818		-	29 The state board of accounts shall provide the forms to the county
819		-	30 auditor in an electronic format that permits the county auditor to copy
820		-	31 or reproduce the forms using:
821		-	32 (1) the county auditor's own equipment; or
822		-	33 (2) a commercial copying service.
823		-	34 The annexing municipality shall reimburse the county auditor for the
824		-	35 cost of reproducing the remonstrance forms.
825		-	36 (e) The county auditor's office shall issue remonstrance forms
826		-	37 accompanied by instructions detailing all of the following
827		-	38 requirements:
828		-	39 (1) The closing date for the remonstrance period.
829		-	40 (2) Only one (1) person having an interest in each single property
830		-	41 as evidenced by the tax duplicate is considered an owner of
831		-	42 property and may sign a remonstrance petition. A person is
832		-	HB 1362—LS 7347/DI 116 20
833		-	1 entitled to sign a petition only one (1) time in a remonstrance
834		-	2 process, regardless of whether the person owns more than one (1)
835		-	3 parcel of real property.
836		-	4 (3) An individual may not be:
837		-	5 (A) compensated for; or
838		-	6 (B) reimbursed for expenses incurred in;
839		-	7 circulating a remonstrance petition and obtaining signatures.
840		-	8 (4) The remonstrance petition may be executed in several
841		-	9 counterparts, the total of which constitutes the remonstrance
842		-	10 petition. An affidavit of the person circulating a counterpart must
843		-	11 be attached to the counterpart. The affidavit must state that each
844		-	12 signature appearing on the counterpart was affixed in the person's
845		-	13 presence and is the true and lawful signature of the signer. The
846		-	14 affidavit must be notarized.
847		-	15 (5) A remonstrance petition that is not executed in counterparts
848		-	16 must be verified by the person signing the petition in the manner
849		-	17 prescribed by the state board of accounts and notarized.
850		-	18 (6) A remonstrance petition may be delivered to the county
851		-	19 auditor's office in person or by:
852		-	20 (A) certified mail, return receipt requested; or
853		-	21 (B) any other means of delivery that includes a return receipt.
854		-	22 The remonstrance petition must be postmarked not later than the
855		-	23 closing date for the remonstrance period.
856		-	24 (7) The county auditor's office may not issue a remonstrance
857		-	25 petition earlier than the day that notice is published under section
858		-	26 11.1 of this chapter. The county auditor's office shall certify the
859		-	27 date of issuance on each remonstrance petition. Any person may
860		-	28 pick up additional copies of the remonstrance petition to
861		-	29 distribute to other persons.
862		-	30 (8) A person who signs a remonstrance petition may withdraw the
863		-	31 person's signature from a remonstrance petition before a
864		-	32 remonstrance petition is filed with the county auditor by filing a
865		-	33 verified request to remove the person's name from the
866		-	34 remonstrance petition. Names may not be added to a
867		-	35 remonstrance petition after the remonstrance petition is filed with
868		-	36 the county auditor.
869		-	37 (f) The county auditor shall prepare and update weekly a list of the
870		-	38 persons who have signed a remonstrance petition. The list must include
871		-	39 a statement that the list includes all persons who have signed a
872		-	40 remonstrance petition as of a particular date, and does not represent a
873		-	41 list of persons certified by the county auditor as actual landowners in
874		-	42 the annexation territory using the auditor's current tax records under
875		-	HB 1362—LS 7347/DI 116 21
876		-	1 subsection (i). The county auditor shall post the list in the office of the
877		-	2 county auditor. The list is a public record under IC 5-14-3.
878		-	3 (g) Not later than five (5) business days after receiving the
879		-	4 remonstrance petition, the county auditor shall submit a copy of the
880		-	5 remonstrance petition to the legislative body of the annexing
881		-	6 municipality.
882		-	7 (h) Not later than fifteen (15) business days after the legislative
883		-	8 body of the annexing municipality receives a copy of the remonstrance
884		-	9 petition from the county auditor, the annexing municipality shall
885		-	10 provide documentation to the county auditor regarding any valid waiver
886		-	11 of the right of remonstrance that exists on the property within the
887		-	12 annexation territory.
888		-	13 (i) Not later than fifteen (15) business days after receiving the
889		-	14 documentation regarding any valid waiver of the right of remonstrance
890		-	15 from the annexing municipality under subsection (h), if any, the county
891		-	16 auditor's office shall make a final determination of the number of
892		-	17 owners of real property within the territory to be annexed:
893		-	18 (1) who signed the remonstrance; and
894		-	19 (2) whose property is not subject to a valid waiver of the right of
895		-	20 remonstrance;
896		-	21 using the auditor's current tax records as provided in section 2.2 of this
897		-	22 chapter. The county auditor shall file a certificate with the legislative
898		-	23 body of the annexing municipality certifying the number of property
899		-	24 owners not later than five (5) business days after making the
900		-	25 determination.
901		-	26 SECTION 15. IC 36-4-3-11.3, AS ADDED BY P.L.228-2015,
902		-	27 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
903		-	28 UPON PASSAGE]: Sec. 11.3. (a) This section applies only to an
904		-	29 annexation ordinance adopted after June 30, 2015, and before May 15,
905		-	30 2025.
906		-	31 (b) An annexation ordinance is void if a written remonstrance
907		-	32 petition is signed by one (1) of the following:
908		-	33 (1) At least sixty-five percent (65%) of the owners of land in the
909		-	34 annexed territory. An owner of land may not:
910		-	35 (A) be counted in calculating the total number of owners of
911		-	36 land in the annexation territory; or
912		-	37 (B) have the owner's signature counted on a remonstrance;
913		-	38 with regard to any single property that an owner has an interest in
914		-	39 that was exempt from property taxes under IC 6-1.1-10 or any
915		-	40 other state law for the immediately preceding year.
916		-	41 (2) The owners of at least eighty percent (80%) in assessed
917		-	42 valuation of the land in the annexed territory. Land that was
918		-	HB 1362—LS 7347/DI 116 22
919		-	1 exempt from property taxes under IC 6-1.1-10 or any other state
920		-	2 law for the immediately preceding year may not be included in
921		-	3 calculating the total assessed valuation of the land in the
922		-	4 annexation territory. The court may not count the owner's
923		-	5 signature on a remonstrance with regard to any single property
924		-	6 that the owner has an interest in that was exempt from property
925		-	7 taxes under IC 6-1.1-10 or any other state law for the immediately
926		-	8 preceding year.
927		-	9 (c) The annexation may be appealed to the court under section 11
928		-	10 of this chapter, if a written remonstrance is signed by one (1) of the
929		-	11 following:
930		-	12 (1) At least fifty-one percent (51%) but less than sixty-five
931		-	13 percent (65%) of the owners of land. An owner of land may not:
932		-	14 (A) be counted in calculating the total number of owners of
933		-	15 land in the annexation territory; or
934		-	16 (B) have the owner's signature counted on a remonstrance;
935		-	17 with regard to any single property that the owner has an interest
936		-	18 in that was exempt from property taxes under IC 6-1.1-10 or any
937		-	19 other state law for the immediately preceding year.
938		-	20 (2) The owners of at least sixty percent (60%) but less than eighty
939		-	21 percent (80%) in assessed valuation of land in the annexed
940		-	22 territory. Land that was exempt from property taxes under
941		-	23 IC 6-1.1-10 or any other state law for the immediately preceding
942		-	24 year may not be included in calculating the total assessed
943		-	25 valuation of the land in the annexation territory. The court may
944		-	26 not count an owner's signature on a remonstrance with regard to
945		-	27 any single property that the owner has an interest in that was
946		-	28 exempt from property taxes under IC 6-1.1-10 or any other state
947		-	29 law for the immediately preceding year.
948		-	30 SECTION 16. IC 36-4-3-11.4, AS AMENDED BY THE
949		-	31 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
950		-	32 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
951		-	33 UPON PASSAGE]: Sec. 11.4. (a) This section applies only to an
952		-	34 annexation that the meets all of the following requirements:
953		-	35 (1) The annexation ordinance is adopted after December 31,
954		-	36 2016, and before May 15, 2025.
955		-	37 (2) Notwithstanding the contiguity requirements of section 1.5 of
956		-	38 this chapter, at least one-tenth (1/10) of the aggregate external
957		-	39 boundaries of the territory sought to be annexed coincides with
958		-	40 the boundaries of:
959		-	41 (A) the municipality; and
960		-	42 (B) the site of an economic development project.
961		-	HB 1362—LS 7347/DI 116 23
962		-	1 (b) As used in this section, "economic development project" means
963		-	2 any project developed by the municipality that meets all of the
964		-	3 following requirements:
965		-	4 (1) The annexing municipality determines that the project will:
966		-	5 (A) promote significant opportunities for the gainful
967		-	employment of its citizens;6
968		-	7 (B) attract a major new business enterprise to the municipality;
969		-	8 or
970		-	9 (C) retain or expand a significant business enterprise within
971		-	10 the municipality.
972		-	11 (2) The project involves expenditures by the annexing
973		-	12 municipality for any of the following:
974		-	13 (A) Land acquisition, interests in land, site improvements,
975		-	14 infrastructure improvements, buildings, or structures.
976		-	15 (B) Rehabilitation, renovation, and enlargement of buildings
977		-	16 and structures.
978		-	17 (C) Machinery, equipment, furnishings, or facilities.
979		-	18 (D) Substance removal or remedial action.
980		-	19 (c) Notwithstanding section 11.3(b) of this chapter, even if a
981		-	20 remonstrance has enough signatures to satisfy the requirements of
982		-	21 section 11.3(b) of this chapter, the annexation ordinance is not void and
983		-	22 may be appealed to the court under section 11 of this chapter, if all of
984		-	the following requirements are met:23
985		-	24 (1) The economic development project site needs the following
986		-	25 capital services that the municipality is lawfully able to provide:
987		-	26 (A) water;
988		-	27 (B) sewer;
989		-	28 (C) gas; or
990		-	29 (D) any combination of the capital services described in
991		-	30 clauses (A) through (C).
992		-	31 (2) The municipality finds that it is in the municipality's best
993		-	32 interest to annex the annexation territory in order to extend,
994		-	33 construct, or operate the capital services that are provided to the
995		-	34 economic development project site.
996		-	35 (3) Before the date the annexation ordinance is adopted, a
997		-	36 taxpayer whose business will occupy the economic development
998		-	37 project site has done at least one (1) of the following:
999		-	38 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
1000		-	39 designating body for the annexing municipality for a deduction
1001		-	40 or abatement.
1002		-	41 (B) Entered into an agreement with the Indiana economic
1003		-	42 development corporation for a credit under IC 6-3.1-13.
1004		-	HB 1362—LS 7347/DI 116 24
1005		-	1 (d) If the economic development project:
1006		-	2 (1) has not commenced within twelve (12) months after the date
1007		-	the annexation 3 ordinance is adopted; or
1008		-	4 (2) is not completed within thirty-six (36) months after the date
1009		-	5 the annexation ordinance is adopted;
1010		-	6 the annexation territory is disannexed from the municipality and reverts
1011		-	7 to the jurisdiction of the unit having jurisdiction before the annexation.
1012		-	8 For purposes of this subsection, a an economic development project is
1013		-	9 considered to have commenced on the day that the physical erection,
1014		-	10 installation, alteration, repair, or remodeling of a building or structure
1015		-	11 commences on the site of the economic development project.
1016		-	12 SECTION 17. IC 36-4-3-11.5 IS AMENDED TO READ AS
1017		-	13 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) A
1018		-	14 landowner in an unincorporated area is not required to grant a
1019		-	15 municipality a waiver against remonstrance as a condition of
1020		-	16 connection to a sewer or water service if all of the following conditions
1021		-	17 apply:
1022		-	18 (1) The landowner is required to connect to the sewer or water
1023		-	19 service because a person other than the landowner has polluted or
1024		-	20 contaminated the area.
1025		-	21 (2) A person other than the landowner or the municipality has
1026		-	22 paid the cost of connection to the service.
1027		-	23 (b) Notwithstanding any other law, a waiver against
1028		-	24 remonstrance is effective and binding on a landowner or a
1029		-	25 successor in title only with regard to an annexation for which the
1030		-	26 annexation ordinance was adopted before May 15, 2025.
1031		-	27 SECTION 18. IC 36-4-3-11.6, AS ADDED BY P.L.228-2015,
1032		-	28 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1033		-	29 UPON PASSAGE]: Sec. 11.6. (a) This section applies to a
1034		-	30 remonstrance filed after June 30, 2015, and before May 15, 2025.
1035		-	31 (b) If the court orders an annexation not to take place after a hearing
1036		-	32 under section 11 of this chapter, the remonstrators shall be reimbursed
1037		-	33 by the annexing municipality for any reasonable attorney's fees,
1038		-	34 including litigation expenses and appeal costs:
1039		-	35 (1) that are incurred:
1040		-	36 (A) after the date the annexation ordinance is adopted; and
1041		-	37 (B) in remonstrating against the annexation; and
1042		-	38 (2) not to exceed thirty-seven thousand five hundred dollars
1043		-	39 ($37,500).
1044		-	40 SECTION 19. IC 36-4-3-11.7, AS AMENDED BY P.L.257-2019,
1045		-	41 SECTION 112, IS AMENDED TO READ AS FOLLOWS
1046		-	42 [EFFECTIVE UPON PASSAGE]: Sec. 11.7. (a) This subsection
1047		-	HB 1362—LS 7347/DI 116 25
1048		-	1 applies to any deed recorded after June 30, 2015. This subsection
1049		-	2 applies only to property that is subject to a remonstrance waiver. A
1050		-	3 municipality shall, within a reasonable time after the recording of a
1051		-	4 deed to property located within the municipality, provide written notice
1052		-	5 to the property owner that a waiver of the right of remonstrance exists
1053		-	6 with respect to the property.
1054		-	7 (b) A remonstrance waiver executed before July 1, 2003, is void.
1055		-	8 This subsection does not invalidate an annexation that was effective on
1056		-	9 or before July 1, 2019.
1057		-	10 (c) A remonstrance waiver executed after June 30, 2003, and before
1058		-	11 July 1, 2019, is subject to the following:
1059		-	12 (1) The waiver is void unless the waiver was recorded:
1060		-	13 (A) before January 1, 2020; and
1061		-	14 (B) with the county recorder of the county where the property
1062		-	15 subject to the waiver is located.
1063		-	16 (2) A waiver that is not void under subdivision (1) expires not
1064		-	17 later than fifteen (15) years after the date the waiver is executed.
1065		-	18 This subsection does not invalidate an annexation that was effective on
1066		-	19 or before July 1, 2019.
1067		-	20 (d) A remonstrance waiver executed after June 30, 2019, is subject
1068		-	21 to the following: (1) The waiver is void unless the waiver is must be
1069		-	22 recorded (A) not later than thirty (30) business days after the date the
1070		-	23 waiver was executed and (B) with the county recorder of the county
1071		-	24 where the property subject to the waiver is located. (2) A waiver that
1072		-	25 is not void under subdivision (1) expires not later than fifteen (15)
1073		-	26 years after the date the waiver is executed. This subsection does not
1074		-	27 invalidate an annexation that was effective on or before July 1, 2019.
1075		-	28 (e) Notwithstanding any other law, a remonstrance waiver is
1076		-	29 effective and binding on a landowner or a successor in title only
1077		-	30 with regard to an annexation for which the annexation ordinance
1078		-	31 was adopted before May 15, 2025.
1079		-	32 SECTION 20. IC 36-4-3-12, AS AMENDED BY P.L.104-2022,
1080		-	33 SECTION 158, IS AMENDED TO READ AS FOLLOWS
1081		-	34 [EFFECTIVE UPON PASSAGE]: Sec. 12. The circuit or superior court
1082		-	35 shall:
1083		-	36 (1) on the date fixed under:
1084		-	37 (A) section 11 of this chapter (in the case of an annexation
1085		-	38 for which an annexation ordinance is adopted before May
1086		-	39 15, 2025), hear and determine the remonstrance without a jury;
1087		-	40 or
1088		-	41 (B) section 5.5 of this chapter (in the case of an annexation
1089		-	42 for which an annexation ordinance is adopted after May
1090		-	HB 1362—LS 7347/DI 116 26
1091		-	1 14, 2025), hear and determine the petition without a jury;
1092		-	2 and
1093		-	3 (2) without delay, enter judgment on the question of the
1094		-	4 annexation according to the evidence that either party may
1095		-	5 introduce.
1096		-	6 SECTION 21. IC 36-4-3-13, AS AMENDED BY P.L.70-2022,
1097		-	7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1098		-	8 UPON PASSAGE]: Sec. 13. (a) Except as provided in subsection (e),
1099		-	9 at the hearing under section 12 of this chapter, the court shall order a
1100		-	10 proposed annexation to take place if the following requirements are
1101		-	11 met:
1102		-	12 (1) The requirements of either subsection (b) or (c).
1103		-	13 (2) The requirements of subsection (d).
1104		-	14 (3) The requirements of subsection (i) (in the case of an
1105		-	15 annexation for which an annexation ordinance is adopted
1106		-	16 before May 15, 2025).
1107		-	17 (b) The requirements of this subsection are met if the evidence
1108		-	18 establishes the following:
1109		-	19 (1) That the territory sought to be annexed is contiguous to the
1110		-	20 municipality.
1111		-	21 (2) One (1) of the following:
1112		-	22 (A) The resident population density of the territory sought to
1113		-	23 be annexed is at least three (3) persons per acre.
1114		-	24 (B) Sixty percent (60%) of the territory is subdivided.
1115		-	25 (C) The territory is zoned for commercial, business, or
1116		-	26 industrial uses.
1117		-	27 (c) The requirements of this subsection are met if the evidence
1118		-	28 establishes one (1) of the following:
1119		-	29 (1) That the territory sought to be annexed is:
1120		-	30 (A) contiguous to the municipality as required by section 1.5
1121		-	31 of this chapter, except that at least one-fourth (1/4), instead of
1122		-	32 one-eighth (1/8), of the aggregate external boundaries of the
1123		-	33 territory sought to be annexed must coincide with the
1124		-	34 boundaries of the municipality; and
1125		-	35 (B) needed and can be used by the municipality for its
1126		-	36 development in the reasonably near future.
1127		-	37 (2) This subdivision applies only to an annexation for which an
1128		-	38 annexation ordinance is adopted after December 31, 2016, and
1129		-	39 before May 15, 2025. That the territory sought to be annexed
1130		-	40 involves an economic development project and the requirements
1131		-	41 of section 11.4 of this chapter are met.
1132		-	42 (3) The territory is described in section 5.2 of this chapter.
1133		-	HB 1362—LS 7347/DI 116 27
1134		-	1 (d) The requirements of this subsection are met if the evidence
1135		-	2 establishes that the municipality has developed and adopted a written
1136		-	3 fiscal plan and has established a definite policy, by resolution of the
1137		-	4 legislative body as set forth in section 3.1 of this chapter. The fiscal
1138		-	5 plan must show the following:
1139		-	6 (1) The cost estimates of planned services to be furnished to the
1140		-	7 territory to be annexed. The plan must present itemized estimated
1141		-	8 costs for each municipal department or agency.
1142		-	9 (2) The method or methods of financing the planned services. The
1143		-	10 plan must explain how specific and detailed expenses will be
1144		-	11 funded and must indicate the taxes, grants, and other funding to
1145		-	12 be used.
1146		-	13 (3) The plan for the organization and extension of services. The
1147		-	14 plan must detail the specific services that will be provided and the
1148		-	15 dates the services will begin.
1149		-	16 (4) That planned services of a noncapital nature, including police
1150		-	17 protection, fire protection, street and road maintenance, and other
1151		-	18 noncapital services normally provided within the corporate
1152		-	19 boundaries, will be provided to the annexed territory within one
1153		-	20 (1) year after the effective date of annexation and that they will be
1154		-	21 provided in a manner equivalent in standard and scope to those
1155		-	22 noncapital services provided to areas within the corporate
1156		-	23 boundaries regardless of similar topography, patterns of land use,
1157		-	24 and population density.
1158		-	25 (5) That services of a capital improvement nature, including street
1159		-	26 construction, street lighting, sewer facilities, water facilities, and
1160		-	27 storm water drainage facilities, will be provided to the annexed
1161		-	28 territory within three (3) years after the effective date of the
1162		-	29 annexation in the same manner as those services are provided to
1163		-	30 areas within the corporate boundaries, regardless of similar
1164		-	31 topography, patterns of land use, and population density, and in
1165		-	32 a manner consistent with federal, state, and local laws,
1166		-	33 procedures, and planning criteria.
1167		-	34 (6) This subdivision applies to a fiscal plan prepared after June
1168		-	35 30, 2015. The estimated effect of the proposed annexation on
1169		-	36 taxpayers in each of the political subdivisions to which the
1170		-	37 proposed annexation applies, including the expected tax rates, tax
1171		-	38 levies, expenditure levels, service levels, and annual debt service
1172		-	39 payments in those political subdivisions for four (4) years after
1173		-	40 the effective date of the annexation.
1174		-	41 (7) This subdivision applies to a fiscal plan prepared after June
1175		-	42 30, 2015. The estimated effect the proposed annexation will have
1176		-	HB 1362—LS 7347/DI 116 28
1177		-	1 on municipal finances, specifically how municipal tax revenues
1178		-	2 will be affected by the annexation for four (4) years after the
1179		-	3 effective date of the annexation.
1180		-	4 (8) This subdivision applies to a fiscal plan prepared after June
1181		-	5 30, 2015. Any estimated effects on political subdivisions in the
1182		-	6 county that are not part of the annexation and on taxpayers
1183		-	7 located in those political subdivisions for four (4) years after the
1184		-	8 effective date of the annexation.
1185		-	9 (9) This subdivision applies to a fiscal plan prepared after June
1186		-	10 30, 2015. A list of all parcels of property in the annexation
1187		-	11 territory and the following information regarding each parcel:
1188		-	12 (A) The name of the owner of the parcel.
1189		-	13 (B) The parcel identification number.
1190		-	14 (C) The most recent assessed value of the parcel.
1191		-	15 (D) The existence of a known waiver of the right to
1192		-	16 remonstrate on the parcel. This clause applies only to a fiscal
1193		-	17 plan prepared after June 30, 2016, and before May 15, 2025.
1194		-	18 (e) At the hearing under section 12 of this chapter with regard to
1195		-	19 an annexation for which an annexation ordinance was adopted
1196		-	20 before May 15, 2025, the court shall do the following:
1197		-	21 (1) Consider evidence on the conditions listed in subdivision (2).
1198		-	22 (2) Order a proposed annexation not to take place if the court
1199		-	23 finds that all of the following conditions that are applicable to the
1200		-	24 annexation exist in the territory proposed to be annexed:
1201		-	25 (A) This clause applies only to an annexation for which an
1202		-	26 annexation ordinance was adopted before July 1, 2015. The
1203		-	27 following services are adequately furnished by a provider
1204		-	28 other than the municipality seeking the annexation:
1205		-	29 (i) Police and fire protection.
1206		-	30 (ii) Street and road maintenance.
1207		-	31 (B) The annexation will have a significant financial impact on
1208		-	32 the residents or owners of land. The court may not consider:
1209		-	33 (i) the personal finances; or
1210		-	34 (ii) the business finances;
1211		-	35 of a resident or owner of land. The personal and business
1212		-	36 financial records of the residents or owners of land, including
1213		-	37 state, federal, and local income tax returns, may not be subject
1214		-	38 to a subpoena or discovery proceedings.
1215		-	39 (C) The annexation is not in the best interests of the owners of
1216		-	40 land in the territory proposed to be annexed as set forth in
1217		-	41 subsection (f).
1218		-	42 (D) This clause applies only to an annexation for which an
1219		-	HB 1362—LS 7347/DI 116 29
1220		-	1 annexation ordinance is adopted before July 1, 2015. One (1)
1221		-	2 of the following opposes the annexation:
1222		-	3 (i) At least sixty-five percent (65%) of the owners of land in
1223		-	4 the territory proposed to be annexed.
1224		-	5 (ii) The owners of more than seventy-five percent (75%) in
1225		-	6 assessed valuation of the land in the territory proposed to be
1226		-	7 annexed.
1227		-	8 Evidence of opposition may be expressed by any owner of land
1228		-	9 in the territory proposed to be annexed.
1229		-	10 (E) This clause applies only to an annexation for which an
1230		-	11 annexation ordinance is adopted after June 30, 2015, and
1231		-	12 before May 15, 2025. One (1) of the following opposes the
1232		-	13 annexation:
1233		-	14 (i) At least fifty-one percent (51%) of the owners of land in
1234		-	15 the territory proposed to be annexed.
1235		-	16 (ii) The owners of more than sixty percent (60%) in assessed
1236		-	17 valuation of the land in the territory proposed to be annexed.
1237		-	18 The remonstrance petitions filed with the court under section
1238		-	19 11 of this chapter are evidence of the number of owners of
1239		-	20 land that oppose the annexation, minus any written revocations
1240		-	21 of remonstrances that are filed with the court under section 11
1241		-	22 of this chapter.
1242		-	23 (F) This clause applies only to an annexation for which an
1243		-	24 annexation ordinance is adopted before July 1, 2015. This
1244		-	25 clause applies only to an annexation in which eighty percent
1245		-	26 (80%) of the boundary of the territory proposed to be annexed
1246		-	27 is contiguous to the municipality and the territory consists of
1247		-	28 not more than one hundred (100) parcels. At least seventy-five
1248		-	29 percent (75%) of the owners of land in the territory proposed
1249		-	30 to be annexed oppose the annexation as determined under
1250		-	31 section 11(b) of this chapter.
1251		-	32 (f) This subsection applies only to an annexation for which an
1252		-	33 annexation ordinance is adopted before May 15, 2025. The
1253		-	34 municipality under subsection (e)(2)(C) bears the burden of proving
1254		-	35 that the annexation is in the best interests of the owners of land in the
1255		-	36 territory proposed to be annexed. In determining this issue, the court
1256		-	37 may consider whether the municipality has extended sewer or water
1257		-	38 services to the entire territory to be annexed:
1258		-	39 (1) within the three (3) years preceding the date of the
1259		-	40 introduction of the annexation ordinance; or
1260		-	41 (2) under a contract in lieu of annexation entered into under
1261		-	42 IC 36-4-3-21. section 21 of this chapter.
1262		-	HB 1362—LS 7347/DI 116 30
1263		-	1 The court may not consider the provision of water services as a result
1264		-	2 of an order by the Indiana utility regulatory commission to constitute
1265		-	3 the provision of water services to the territory to be annexed.
1266		-	4 (g) The most recent:
1267		-	5 (1) federal decennial census;
1268		-	6 (2) federal special census;
1269		-	7 (3) special tabulation; or
1270		-	8 (4) corrected population count;
1271		-	9 shall be used as evidence of resident population density for purposes
1272		-	10 of subsection (b)(2)(A), but this evidence may be rebutted by other
1273		-	11 evidence of population density.
1274		-	12 (h) A municipality that prepares a fiscal plan after June 30, 2015,
1275		-	13 must comply with this subsection. A municipality may not amend the
1276		-	14 fiscal plan after the date that:
1277		-	15 (1) a remonstrance is filed with the court under section 11 of this
1278		-	16 chapter (in the case of an annexation for which an annexation
1279		-	17 ordinance was adopted before May 15, 2025); or
1280		-	18 (2) a petition is filed with the court under section 5.5 of this
1281		-	19 chapter (in the case of an annexation for which an annexation
1282		-	20 ordinance was adopted after May 14, 2025);
1283		-	21 unless amendment of the fiscal plan is consented to by at least
1284		-	22 sixty-five percent (65%) of the persons who signed the remonstrance
1285		-	23 or the petition.
1286		-	24 (i) The municipality must submit proof that the municipality has
1287		-	25 complied with:
1288		-	26 (1) the outreach program requirements and notice requirements
1289		-	27 of section 1.7 of this chapter; and
1290		-	28 (2) the requirements of section 11.1 of this chapter (in the case of
1291		-	29 an annexation for which an annexation ordinance was
1292		-	30 adopted after June 30, 2015, and before May 15, 2025).
1293		-	31 SECTION 22. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
1294		-	32 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1295		-	33 UPON PASSAGE]: Sec. 15. (a) The court's judgment under section 12
1296		-	34 or 15.5 of this chapter must specify the annexation ordinance. on which
1297		-	35 the remonstrance is based. The clerk of the court shall deliver a
1298		-	36 certified copy of the final and unappealable judgment to the clerk of the
1299		-	37 municipality. The clerk of the municipality shall:
1300		-	38 (1) record the judgment in the clerk's ordinance record; and
1301		-	39 (2) make a cross-reference to the record of the judgment on the
1302		-	40 margin of the record of the annexation ordinance.
1303		-	41 (b) If a final and unappealable judgment under section 12 or 15.5 of
1304		-	42 this chapter is adverse to annexation, the municipality may not make
1305		-	HB 1362—LS 7347/DI 116 31
1306		-	1 further attempts to annex the territory or any part of the territory during
1307		-	2 the four (4) years after the later of:
1308		-	3 (1) the judgment of the circuit or superior court; or
1309		-	4 (2) the date of the final disposition of all appeals to a higher court;
1310		-	5 unless the annexation is petitioned for under section 5 or 5.1 of this
1311		-	6 chapter.
1312		-	7 (c) This subsection applies if a municipality repeals the annexation
1313		-	8 ordinance:
1314		-	9 (1) less than sixty-one (61) days after the publication of the
1315		-	10 ordinance under section 7(a) of this chapter; and
1316		-	11 (2) before the hearing commences:
1317		-	12 (A) on the remonstrance under section 11(c) of this chapter (in
1318		-	the 13 case of an annexation for which an annexation
1319		-	14 ordinance is adopted before May 15, 2025); or
1320		-	(B) on the petition under section 12 of this chapter (in the15
1321		-	16 case of an annexation for which an annexation ordinance
1322		-	17 is adopted after May 14, 2025).
1323		-	18 A municipality may not make further attempts to annex the territory or
1324		-	19 any part of the territory during the twelve (12) months after the date the
1325		-	20 municipality repeals the annexation ordinance. This subsection does
1326		-	21 not prohibit an annexation of the territory or part of the territory that is
1327		-	22 petitioned for under section 5 or 5.1 of this chapter.
1328		-	23 (d) This subsection applies if a municipality repeals the annexation
1329		-	24 ordinance:
1330		-	25 (1) at least sixty-one (61) days but not more than one hundred
1331		-	26 twenty (120) days after the publication of the ordinance under
1332		-	27 section 7(a) of this chapter; and
1333		-	28 (2) before the hearing commences:
1334		-	29 (A) on the remonstrance under section 11(c) of this chapter (in
1335		-	30 the case of an annexation for which an annexation
1336		-	31 ordinance is adopted before May 15, 2025); or
1337		-	(B) on the petition under section 12 of this chapter (in the32
1338		-	33 case of an annexation for which an annexation ordinance
1339		-	34 is adopted after May 14, 2025).
1340		-	35 A municipality may not make further attempts to annex the territory or
1341		-	36 any part of the territory during the twenty-four (24) months after the
1342		-	37 date the municipality repeals the annexation ordinance. This subsection
1343		-	38 does not prohibit an annexation of the territory or part of the territory
1344		-	39 that is petitioned for under section 5 or 5.1 of this chapter.
1345		-	40 (e) This subsection applies if a municipality repeals the annexation
1346		-	41 ordinance:
1347		-	42 (1) either:
1348		-	HB 1362—LS 7347/DI 116 32
1349		-	1 (A) at least one hundred twenty-one (121) days after
1350		-	2 publication of the ordinance under section 7(a) of this chapter
1351		-	3 but before the hearing commences:
1352		-	4 (i) on the remonstrance under section 11(c) of this chapter
1353		-	5 (in the case of an annexation for which an annexation
1354		-	6 ordinance is adopted before May 15, 2025); or
1355		-	(ii) on the petition under section 12 of this chapter (in the7
1356		-	8 case of an annexation for which an annexation ordinance
1357		-	9 is adopted after May 14, 2025); or
1358		-	10 (B) after the hearing commences:
1359		-	11 (i) on the remonstrance as set forth in section 11(c) of this
1360		-	12 chapter (in the case of an annexation for which an
1361		-	13 annexation ordinance is adopted before May 15, 2025);
1362		-	14 or
1363		-	(ii) on the petition under section 12 of this chapter (in the15
1364		-	16 case of an annexation for which an annexation ordinance
1365		-	17 is adopted after May 14, 2025); and
1366		-	18 (2) before the date of the judgment of the circuit or superior court
1367		-	19 as set forth in subsection (b).
1368		-	20 A municipality may not make further attempts to annex the territory or
1369		-	21 any part of the territory during the forty-two (42) months after the date
1370		-	22 the municipality repeals the annexation ordinance. This subsection
1371		-	23 does not prohibit an annexation of the territory or part of the territory
1372		-	24 that is petitioned for under section 5 or 5.1 of this chapter.
1373		-	25 (f) An annexation is effective when the clerk of the municipality
1374		-	26 complies with the filing requirement of section 22(a) of this chapter.
1375		-	27 SECTION 23. IC 36-4-3-15.3, AS AMENDED BY P.L.156-2020,
1376		-	28 SECTION 138, IS AMENDED TO READ AS FOLLOWS
1377		-	29 [EFFECTIVE UPON PASSAGE]: Sec. 15.3. (a) As used in this
1378		-	30 section, "prohibition against annexation" means that a municipality
1379		-	31 may not make further attempts to annex certain territory or any part of
1380		-	32 that territory.
1381		-	33 (b) As used in this section, "settlement agreement" means a written
1382		-	34 court approved settlement of a dispute involving annexation under this
1383		-	35 chapter between a municipality and remonstrators.
1384		-	36 (c) Under a settlement agreement between the annexing
1385		-	37 municipality and either:
1386		-	38 (1) seventy-five percent (75%) or more of all landowners
1387		-	39 participating in the remonstrance; or
1388		-	40 (2) the owners of more than seventy-five percent (75%) in
1389		-	41 assessed valuation of the land owned by all landowners
1390		-	42 participating in the remonstrance;
1391		-	HB 1362—LS 7347/DI 116 33
1392		-	1 the parties may mutually agree to a prohibition against annexation of
1393		-	2 all or part of the territory by the municipality for a period not to exceed
1394		-	3 twenty (20) years. The settlement agreement may address issues and
1395		-	4 bind the parties to matters relating to the provision by a municipality
1396		-	5 of planned services of a noncapital nature and services of a capital
1397		-	6 improvement nature (as described in section 13(d) of this chapter), in
1398		-	7 addition to a prohibition against annexation. The settlement agreement
1399		-	8 is binding upon the successors, heirs, and assigns of the parties to the
1400		-	9 agreement. However, the settlement agreement may be amended or
1401		-	10 revised periodically on further agreement between the annexing
1402		-	11 municipality and landowners who meet the qualifications of
1403		-	12 subdivision (1) or (2).
1404		-	13 (d) A settlement agreement executed after May 14, 2025, is void.
1405		-	14 SECTION 24. IC 36-4-3-16 IS AMENDED TO READ AS
1406		-	15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This
1407		-	16 section does not apply to an annexation under:
1408		-	17 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
1409		-	18 (2) section 5.1 of this chapter, for which an annexation
1410		-	19 ordinance is adopted after May 14, 2025.
1411		-	20 (a) (b) Within one (1) year after the expiration of:
1412		-	21 (1) the one (1) year period for implementation of planned services
1413		-	22 of a noncapital nature under section 13(d)(4) of this chapter; or
1414		-	23 (2) the three (3) year period for the implementation of planned
1415		-	24 services of a capital improvement nature under section 13(d)(5)
1416		-	25 of this chapter;
1417		-	26 any person who pays taxes on property located within the annexed
1418		-	27 territory may file a complaint alleging injury resulting from the failure
1419		-	28 of the municipality to implement the plan. The complaint must name
1420		-	29 the municipality as defendant and shall be filed with the circuit or
1421		-	30 superior court of the county in which the annexed territory is located.
1422		-	31 (b) (c) The court shall hear the case within sixty (60) days without
1423		-	32 a jury. In order to be granted relief, the plaintiff must establish one (1)
1424		-	33 of the following:
1425		-	34 (1) That the municipality has without justification failed to
1426		-	35 implement the plan required by section 13 of this chapter within
1427		-	36 the specific time limit for implementation after annexation.
1428		-	37 (2) That the municipality has not provided police protection, fire
1429		-	38 protection, sanitary sewers, and water for human consumption
1430		-	39 within the specific time limit for implementation, unless one (1)
1431		-	40 of these services is being provided by a separate taxing district or
1432		-	41 by a privately owned public utility.
1433		-	42 (3) That the annexed territory is not receiving governmental and
1434		-	HB 1362—LS 7347/DI 116 34
1435		-	1 proprietary services substantially equivalent in standard and scope
1436		-	2 to the services provided by the municipality to other areas of the
1437		-	3 municipality, regardless of topography, patterns of land use, and
1438		-	4 population density similar to the annexed territory.
1439		-	5 (c) (d) The court may:
1440		-	6 (1) grant an injunction prohibiting the collection of taxes levied
1441		-	7 by the municipality on the plaintiff's property located in the
1442		-	8 annexed territory;
1443		-	9 (2) award damages to the plaintiff not to exceed one and
1444		-	10 one-fourth (1 1/4) times the taxes collected by the municipality
1445		-	11 for the plaintiff's property located in the annexed territory;
1446		-	12 (3) order the annexed territory or any part of it to be disannexed
1447		-	13 from the municipality;
1448		-	14 (4) order the municipality to submit a revised fiscal plan for
1449		-	15 providing the services to the annexed territory within time limits
1450		-	16 set up by the court; or
1451		-	17 (5) grant any other appropriate relief.
1452		-	18 (d) (e) A change of venue from the county is not permitted for an
1453		-	19 action brought under this section.
1454		-	20 (e) (f) If the court finds for the plaintiff, the defendant shall pay all
1455		-	21 court costs and reasonable attorney's fees as approved by the court.
1456		-	22 (f) (g) The provisions of this chapter that apply to territory
1457		-	23 disannexed by other procedures apply to territory disannexed under this
1458		-	24 section.
1459		-	25 SECTION 25. IC 36-4-3-22, AS AMENDED BY P.L.38-2021,
1460		-	26 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1461		-	27 UPON PASSAGE]: Sec. 22. (a) The clerk of the municipality shall file:
1462		-	28 (1) each annexation ordinance:
1463		-	29 (A) against which:
1464		-	30 (A) (i) a remonstrance (in the case of an annexation for
1465		-	31 which an annexation ordinance is adopted before May
1466		-	32 15, 2025); or
1467		-	33 (ii) an appeal;
1468		-	34 has not been filed during the period permitted under this
1469		-	35 chapter; or
1470		-	36 (B) against which a remonstrance was filed without a
1471		-	37 sufficient number of signatures to meet the requirements of
1472		-	38 section 11.3(c) of this chapter, in the case of an annexation for
1473		-	39 which an annexation ordinance was adopted after June 30,
1474		-	40 2015, and before May 15, 2025; or
1475		-	41 (2) the certified copy of a final and unappealable judgment
1476		-	42 ordering an annexation to take place;
1477		-	HB 1362—LS 7347/DI 116 35
1478		-	1 with the county auditor, circuit court clerk, and board of registration (if
1479		-	2 a board of registration exists) of each county in which the annexed
1480		-	3 territory is located, the office of the secretary of state, and the office of
1481		-	4 census data established by IC 2-5-1.1-12.2. The clerk of the
1482		-	5 municipality shall record each annexation ordinance adopted under this
1483		-	6 chapter in the office of the county recorder of each county in which the
1484		-	7 annexed territory is located.
1485		-	8 (b) The ordinance or judgment must be filed and recorded no later
1486		-	9 than ninety (90) days after:
1487		-	10 (1) the expiration of the period permitted for:
1488		-	11 (A) a remonstrance (in the case of an annexation for which
1489		-	12 an annexation ordinance is adopted before May 15, 2025);
1490		-	13 or
1491		-	14 (B) an appeal under section 15.5 of this chapter;
1492		-	15 (2) the delivery of a certified order under section 15 of this
1493		-	16 chapter; or
1494		-	17 (3) the date the county auditor files the written certification with
1495		-	18 the legislative body under section 11.2 of this chapter, in the case
1496		-	19 of an annexation:
1497		-	20 (A) described in subsection (a)(1)(B); and
1498		-	21 (B) for which an annexation ordinance is adopted before
1499		-	22 May 15, 2025.
1500		-	23 (c) Failure to record the annexation ordinance as provided in
1501		-	24 subsection (a) does not invalidate the ordinance.
1502		-	25 (d) The county auditor shall forward a copy of any annexation
1503		-	26 ordinance filed under this section to the following:
1504		-	27 (1) The county highway department of each county in which the
1505		-	28 lots or lands affected are located.
1506		-	29 (2) The county surveyor of each county in which the lots or lands
1507		-	30 affected are located.
1508		-	31 (3) Each plan commission, if any, that lost or gained jurisdiction
1509		-	32 over the annexed territory.
1510		-	33 (4) The sheriff of each county in which the lots or lands affected
1511		-	34 are located.
1512		-	35 (5) The township trustee of each township that lost or gained
1513		-	36 jurisdiction over the annexed territory.
1514		-	37 (6) The office of the secretary of state.
1515		-	38 (7) The office of census data established by IC 2-5-1.1-12.2.
1516		-	39 (8) The department of local government finance, not later than
1517		-	40 August 1, in the manner described by the department.
1518		-	41 (e) The county auditor may require the clerk of the municipality to
1519		-	42 furnish an adequate number of copies of the annexation ordinance or
1520		-	HB 1362—LS 7347/DI 116 36
1521		-	1 may charge the clerk a fee for photoreproduction of the ordinance. The
1522		-	2 county auditor shall notify the office of the secretary of state and the
1523		-	3 office of census data established by IC 2-5-1.1-12.2 of the date that the
1524		-	4 annexation ordinance is effective under this chapter.
1525		-	5 (f) The county auditor or county surveyor shall, upon determining
1526		-	6 that an annexation ordinance has become effective under this chapter,
1527		-	7 indicate the annexation upon the property taxation records maintained
1528		-	8 in the office of the auditor or the office of the county surveyor.
1529		-	9 SECTION 26. IC 36-4-7-7, AS AMENDED BY P.L.104-2022,
1530		-	10 SECTION 162, IS AMENDED TO READ AS FOLLOWS
1531		-	11 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The fiscal officer shall
1532		-	12 present the report of budget estimates to the city legislative body under
1533		-	13 IC 6-1.1-17. After reviewing the report, the legislative body shall
1534		-	14 prepare an ordinance fixing the rate of taxation for the ensuing budget
1535		-	15 year and an ordinance making appropriations for the estimated
1536		-	16 department budgets and other city purposes during the ensuing budget
1537		-	17 year. The legislative body, in the appropriation ordinance, may reduce
1538		-	18 any estimated item from the figure submitted in the report of the fiscal
1539		-	19 officer, but it may increase an item only if the executive recommends
1540		-	20 an increase. The legislative body shall promptly act on the
1541		-	21 appropriation ordinance.
1542		-	22 (b) In preparing the ordinances described in subsection (a) the
1543		-	23 legislative body shall make an allowance for the cost of fire protection
1544		-	24 to annexed territory described in IC 36-4-3-7(c), IC 36-4-3-7(e), for the
1545		-	25 year fire protection is first offered to that territory.
1546		-	26 SECTION 27. IC 36-9-22-2, AS AMENDED BY P.L.156-2020,
1547		-	27 SECTION 148, IS AMENDED TO READ AS FOLLOWS
1548		-	28 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The power of the
1549		-	29 municipal works board to fix the terms of a contract under this section
1550		-	30 applies to contracts for the installation of sewage works that have not
1551		-	31 been finally approved or accepted for full maintenance and operation
1552		-	32 by the municipality on July 1, 1979.
1553		-	33 (b) The works board of a municipality may contract with owners of
1554		-	34 real property for the construction of sewage works within the
1555		-	35 municipality or within four (4) miles outside its corporate boundaries
1556		-	36 in order to provide service for the area in which the real property of the
1557		-	37 owners is located. The contract must provide, for a period of not to
1558		-	38 exceed fifteen (15) years, for the payment to the owners and their
1559		-	39 assigns by any owner of real property who:
1560		-	40 (1) did not contribute to the original cost of the sewage works;
1561		-	41 and
1562		-	42 (2) subsequently taps into, uses, or deposits sewage or storm
1563		-	HB 1362—LS 7347/DI 116 37
1564		-	1 waters in the sewage works or any lateral sewers connected to
1565		-	2 them;
1566		-	3 of a fair pro rata share of the cost of the construction of the sewage
1567		-	4 works, subject to the rules of the board and notwithstanding any other
1568		-	5 law relating to the functions of local governmental entities. However,
1569		-	6 the contract does not apply to any owner of real property who is not a
1570		-	7 party to the contract unless the contract or (after June 30, 2013) a
1571		-	8 signed memorandum of the contract has been recorded in the office of
1572		-	9 the recorder of the county in which the real property of the owner is
1573		-	10 located before the owner taps into or connects to the sewers and
1574		-	11 facilities. The board may provide that the fair pro rata share of the cost
1575		-	12 of construction includes interest at a rate not exceeding the amount of
1576		-	13 interest allowed on judgments, and the interest shall be computed from
1577		-	14 the date the sewage works are approved until the date payment is made
1578		-	15 to the municipality.
1579		-	16 (c) The contract must include, as part of the consideration running
1580		-	17 to the municipality, the release of the right of:
1581		-	18 (1) the parties to the contract; and
1582		-	19 (2) the successors in title of the parties to the contract;
1583		-	20 to remonstrate against pending or future annexations by the
1584		-	21 municipality of the area served by the sewage works. Any person
1585		-	22 tapping into or connecting to the sewage works contracted for is
1586		-	23 considered to waive the person's rights to remonstrate against the
1587		-	24 annexation of the area served by the sewage works.
1588		-	25 (d) Notwithstanding subsection (c) or (m), the works board of a
1589		-	26 municipality may waive the provisions of subsection (c) or (m) in the
1590		-	27 contract if:
1591		-	28 (1) the works board considers a waiver of subsection (c) or (m)
1592		-	29 to be in the best interests of the municipality; or
1593		-	30 (2) the contract involves connection to the sewage works under
1594		-	31 IC 36-9-22.5.
1595		-	32 (e) This subsection does not affect any rights or liabilities accrued,
1596		-	33 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1597		-	34 proceedings continue and shall be imposed and enforced under prior
1598		-	35 law as if this subsection had not been enacted. For contracts executed
1599		-	36 after June 30, 2013, if the release of the right to remonstrate is not void
1600		-	37 under subsection (i), (j), or (k), or (l), the release is binding on a
1601		-	38 successor in title to a party to the contract only if the successor in title:
1602		-	39 (1) has actual notice of the release; or
1603		-	40 (2) has constructive notice of the release because the contract, or
1604		-	41 a signed memorandum of the contract stating the release, has been
1605		-	42 recorded in the chain of title of the property.
1606		-	HB 1362—LS 7347/DI 116 38
1607		-	1 (f) Subsection (c) does not apply to a landowner if all of the
1608		-	2 following conditions apply:
1609		-	3 (1) The landowner is required to connect to the sewage works
1610		-	4 because a person other than the landowner has polluted or
1611		-	5 contaminated the area.
1612		-	6 (2) The costs of extension of or connection to the sewage works
1613		-	7 are paid by a person other than the landowner or the municipality.
1614		-	8 (g) Subsection (c) does not apply to a landowner who taps into,
1615		-	9 connects to, or is required to tap into or connect to the sewage works
1616		-	10 of a municipality only because the municipality provides wholesale
1617		-	11 sewage service (as defined in IC 8-1-2-61.7) to another municipality
1618		-	12 that provides sewage service to the landowner.
1619		-	13 (h) This subsection applies to any deed recorded after June 30,
1620		-	14 2015. This subsection applies only to property that is subject to a
1621		-	15 remonstrance waiver. A municipality shall provide written notice to
1622		-	16 any successor in title to property within a reasonable time after the
1623		-	17 deed is recorded, that a waiver of the right of remonstrance exists with
1624		-	18 respect to the property.
1625		-	19 (i) A remonstrance waiver executed on or before July 1, 2003, is
1626		-	20 void. This subsection does not invalidate an annexation that was
1627		-	21 effective on or before July 1, 2019.
1628		-	22 (j) A remonstrance waiver executed after June 30, 2003, and not
1629		-	23 later than June 30, 2019, is subject to the following:
1630		-	24 (1) The waiver is void unless the waiver was recorded:
1631		-	25 (A) before January 1, 2020; and
1632		-	26 (B) with the county recorder of the county where the property
1633		-	27 subject to the waiver is located.
1634		-	28 (2) A waiver that is not void under subdivision (1) or subsection
1635		-	29 (l) expires not later than fifteen (15) years after the date the
1636		-	30 waiver is executed.
1637		-	31 This subsection does not invalidate an annexation that was effective on
1638		-	32 or before July 1, 2019.
1639		-	33 (k) A remonstrance waiver executed after June 30, 2019, is subject
1640		-	34 to the following: (1) The waiver is void unless the waiver is must be
1641		-	35 recorded (A) not later than thirty (30) business days after the date the
1642		-	36 waiver was executed and (B) with the county recorder of the county
1643		-	37 where the property subject to the waiver is located. (2) A waiver that
1644		-	38 is not void under subdivision (1) expires not later than fifteen (15)
1645		-	39 years after the date the waiver is executed. This subsection does not
1646		-	40 invalidate an annexation that was effective on or before July 1, 2019.
1647		-	41 (l) Notwithstanding any other law, a remonstrance waiver is
1648		-	42 effective and binding on a landowner or a successor in title to a
1649		-	HB 1362—LS 7347/DI 116 39
1650		-	1 party to the contract only with regard to an annexation for which
1651		-	2 the annexation ordinance was adopted before May 15, 2025.
1652		-	3 (m) This subsection applies after May 14, 2025. The contract
1653		-	4 must include, as part of the consideration running to the
1654		-	5 municipality, consent of:
1655		-	6 (1) the parties to the contract; and
1656		-	7 (2) the successors in title of the parties to the contract;
1657		-	8 to be included on a petition under IC 36-4-3-5.5 for any pending or
1658		-	9 future annexations by the municipality of the area served by the
1659		-	10 sewage works.
1660		-	11 SECTION 28. IC 36-9-25-14, AS AMENDED BY P.L.156-2020,
1661		-	12 SECTION 149, IS AMENDED TO READ AS FOLLOWS
1662		-	13 [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As to each municipality
1663		-	14 to which this chapter applies:
1664		-	15 (1) all the territory included within the corporate boundaries of
1665		-	16 the municipality; and
1666		-	17 (2) any territory, town, addition, platted subdivision, or unplatted
1667		-	18 land lying outside the corporate boundaries of the municipality
1668		-	19 that has been taken into the district in accordance with a prior
1669		-	20 statute, the sewage or drainage of which discharges into or
1670		-	21 through the sewage system of the municipality;
1671		-	22 constitutes a special taxing district for the purpose of providing for the
1672		-	23 sanitary disposal of the sewage of the district in a manner that protects
1673		-	24 the public health and prevents the undue pollution of watercourses of
1674		-	25 the district.
1675		-	26 (b) Upon request by:
1676		-	27 (1) a resolution adopted by the legislative body of another
1677		-	28 municipality in the same county; or
1678		-	29 (2) a petition of the majority of the resident freeholders in a
1679		-	30 platted subdivision or of the owners of unplatted land outside the
1680		-	31 boundaries of a municipality, if the platted subdivision or
1681		-	32 unplatted land is in the same county;
1682		-	33 the board may adopt a resolution incorporating all or any part of the
1683		-	34 area of the municipality, platted subdivision, or unplatted land into the
1684		-	35 district.
1685		-	36 (c) A request under subsection (b) must be signed and certified as
1686		-	37 correct by the secretary of the legislative body, resident freeholders, or
1687		-	38 landowners. The original shall be preserved in the records of the board.
1688		-	39 The resolution of the board incorporating an area in the district must be
1689		-	40 in writing and must contain an accurate description of the area
1690		-	41 incorporated into the district. A certified copy of the resolution, signed
1691		-	42 by the president and secretary of the board, together with a map
1692		-	HB 1362—LS 7347/DI 116 40
1693		-	1 showing the boundaries of the district and the location of additional
1694		-	2 areas, shall be delivered to the auditor of the county within which the
1695		-	3 district is located. It shall be properly indexed and kept in the
1696		-	4 permanent records of the offices of the auditor.
1697		-	5 (d) In addition, upon request by ten (10) or more interested resident
1698		-	6 freeholders in a platted or unplatted territory, the board may define the
1699		-	7 limits of an area within the county and including the property of the
1700		-	8 freeholders that is to be considered for inclusion into the district.
1701		-	9 Notice of the defining of the area by the board, and notice of the
1702		-	10 location and limits of the area, shall be given by publication in
1703		-	11 accordance with IC 5-3-1. Upon request by a majority of the resident
1704		-	12 freeholders of the area, the area may be incorporated into the district in
1705		-	13 the manner provided in this section. The resolution of the board
1706		-	14 incorporating the area into the district and a map of the area shall be
1707		-	15 made and filed in the same manner.
1708		-	16 (e) In addition, a person owning or occupying real property outside
1709		-	17 the district may enter into a sewer service agreement with the board for
1710		-	18 connection to the sewage works of the district. If the agreement
1711		-	19 provides for connection at a later time, the date or the event upon
1712		-	20 which the service commences shall be stated in the agreement. The
1713		-	21 agreement may impose any conditions for connection that the board
1714		-	22 determines. The agreement must also provide the amount of service
1715		-	23 charge to be charged for connection if the persons are not covered
1716		-	24 under section 11 of this chapter, with the amount to be fixed by the
1717		-	25 board in its discretion and without a hearing.
1718		-	26 (f) All sewer service agreements made under subsection (e) or (after
1719		-	27 June 30, 2013) a signed memorandum of the sewer service agreement
1720		-	28 shall be recorded in the office of the recorder of the county where the
1721		-	29 property is located. The agreements run with the property described
1722		-	30 and are binding upon the persons owning or occupying the property,
1723		-	31 their personal representatives, heirs, devisees, grantees, successors, and
1724		-	32 assigns. Each agreement that is recorded, or each agreement of which
1725		-	33 a signed memorandum is recorded, and that provides for the property
1726		-	34 being served to be placed on the tax rolls shall be certified by the board
1727		-	35 to the auditor of the county where the property is located. The
1728		-	36 certification must state the date the property is to be placed on the tax
1729		-	37 rolls, and upon receipt of the certification together with a copy of the
1730		-	38 agreement, the auditor shall immediately place the property certified
1731		-	39 upon the rolls of property subject to the levy and collection of taxes for
1732		-	40 the district. An agreement may provide for the collection of a service
1733		-	41 charge for the period services are rendered before the levy and
1734		-	42 collection of the tax.
1735		-	HB 1362—LS 7347/DI 116 41
1736		-	1 (g) Except as provided in subsections (j) and (l), sewer service
1737		-	2 agreements made under subsection (e) must contain a waiver provision
1738		-	3 that persons (other than municipalities) who own or occupy property
1739		-	4 agree for themselves, their executors, administrators, heirs, devisees,
1740		-	5 grantees, successors, and assigns that they will:
1741		-	6 (1) neither object to nor file a remonstrance against the proposed
1742		-	7 annexation of the property by a municipality within the
1743		-	8 boundaries of the district;
1744		-	9 (2) not appeal from an order or a judgment annexing the property
1745		-	10 to a municipality; and
1746		-	11 (3) not file a complaint or an action against annexation
1747		-	12 proceedings.
1748		-	13 (h) This subsection does not affect any rights or liabilities accrued
1749		-	14 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1750		-	15 proceedings continue and shall be imposed and enforced under prior
1751		-	16 law as if this subsection had not been enacted. For contracts executed
1752		-	17 after June 30, 2013, a waiver of the right to remonstrate under
1753		-	18 subsection (g) that is not void under subsection (m), (n), or (o), or (p)
1754		-	19 is binding as to an executor, administrator, heir, devisee, grantee,
1755		-	20 successor, or assign of a party to a sewer service agreement under
1756		-	21 subsection (g) only if the executor, administrator, heir, devisee,
1757		-	22 grantee, successor, or assign:
1758		-	23 (1) has actual notice of the waiver; or
1759		-	24 (2) has constructive notice of the waiver because the sewer
1760		-	25 service agreement or a signed memorandum of the sewer service
1761		-	26 agreement stating the waiver has been recorded in the chain of
1762		-	27 title of the property.
1763		-	28 (i) This section does not affect any sewer service agreements
1764		-	29 entered into before March 13, 1953. However, this section applies to
1765		-	30 a remonstrance waiver regardless of when the waiver was executed.
1766		-	31 (j) Subsection (g) does not apply to a landowner if all of the
1767		-	32 following conditions apply:
1768		-	33 (1) The landowner is required to connect to a sewer service
1769		-	34 because a person other than the landowner has polluted or
1770		-	35 contaminated the area.
1771		-	36 (2) The costs of extension of service or connection to the sewer
1772		-	37 service are paid by a person other than the landowner or the
1773		-	38 municipality.
1774		-	39 (k) This subsection applies to any deed recorded after June 30,
1775		-	40 2015. This subsection applies only to property that is subject to a
1776		-	41 remonstrance waiver. A municipality shall provide written notice to
1777		-	42 any successor in title to property within a reasonable time after the
1778		-	HB 1362—LS 7347/DI 116 42
1779		-	1 deed is recorded, that a waiver of the right of remonstrance has been
1780		-	2 granted with respect to the property.
1781		-	3 (l) The board may waive the waiver provision described in
1782		-	4 subsection (g) or (q) in a sewer service agreement made under
1783		-	5 subsection (e) if the sewer service agreement involves a connection to
1784		-	6 the district's sewage works under IC 36-9-22.5.
1785		-	7 (m) A remonstrance waiver executed before July 1, 2003, is void.
1786		-	8 This subsection does not invalidate an annexation that was effective on
1787		-	9 or before July 1, 2019.
1788		-	10 (n) A remonstrance waiver executed after June 30, 2003, and before
1789		-	11 July 1, 2019, is subject to the following:
1790		-	12 (1) The waiver is void unless the waiver was recorded:
1791		-	13 (A) before January 1, 2020; and
1792		-	14 (B) with the county recorder of the county where the property
1793		-	15 subject to the waiver is located.
1794		-	16 (2) A waiver that is not void under subdivision (1) or subsection
1795		-	17 (p) expires not later than fifteen (15) years after the date the
1796		-	18 waiver is executed.
	756	+	11 (b) A remonstrance petition may be filed by an owner of real
	757	+	12 property that:
	758	+	13 (1) is within the area to be annexed;
	759	+	14 (2) was not exempt from property taxes under IC 6-1.1-10 or any
	760	+	15 other state law for the immediately preceding year; and
	761	+	16 (3) is not subject to a valid waiver of remonstrance.
	762	+	17 (c) A remonstrance petition must comply with the following in order
	763	+	18 to be effective:
	764	+	19 (1) Each signature on a remonstrance petition must be dated, and
	765	+	20 the date of the signature may not be earlier than the date on which
	766	+	21 the remonstrance forms may be issued by the county auditor
	767	+	22 under subsection (e)(7).
	768	+	23 (2) Each person who signs a remonstrance petition must indicate
	769	+	24 the address of the real property owned by the person in the area
	770	+	25 to be annexed.
	771	+	26 (3) A remonstrance petition must be verified in compliance with
	772	+	27 subsection (e).
	773	+	28 (d) The state board of accounts shall design the remonstrance forms
	774	+	29 to be used solely in the remonstrance process described in this section.
	775	+	30 The state board of accounts shall provide the forms to the county
	776	+	31 auditor in an electronic format that permits the county auditor to copy
	777	+	32 or reproduce the forms using:
	778	+	33 (1) the county auditor's own equipment; or
	779	+	34 (2) a commercial copying service.
	780	+	35 The annexing municipality shall reimburse the county auditor for the
	781	+	36 cost of reproducing the remonstrance forms.
	782	+	37 (e) The county auditor's office shall issue remonstrance forms
	783	+	38 accompanied by instructions detailing all of the following
	784	+	39 requirements:
	785	+	40 (1) The closing date for the remonstrance period.
	786	+	41 (2) Only one (1) person having an interest in each single property
	787	+	42 as evidenced by the tax duplicate is considered an owner of
	788	+	2025 IN 1362—LS 7347/DI 116 19
	789	+	1 property and may sign a remonstrance petition. A person is
	790	+	2 entitled to sign a petition only one (1) time in a remonstrance
	791	+	3 process, regardless of whether the person owns more than one (1)
	792	+	4 parcel of real property.
	793	+	5 (3) An individual may not be:
	794	+	6 (A) compensated for; or
	795	+	7 (B) reimbursed for expenses incurred in;
	796	+	8 circulating a remonstrance petition and obtaining signatures.
	797	+	9 (4) The remonstrance petition may be executed in several
	798	+	10 counterparts, the total of which constitutes the remonstrance
	799	+	11 petition. An affidavit of the person circulating a counterpart must
	800	+	12 be attached to the counterpart. The affidavit must state that each
	801	+	13 signature appearing on the counterpart was affixed in the person's
	802	+	14 presence and is the true and lawful signature of the signer. The
	803	+	15 affidavit must be notarized.
	804	+	16 (5) A remonstrance petition that is not executed in counterparts
	805	+	17 must be verified by the person signing the petition in the manner
	806	+	18 prescribed by the state board of accounts and notarized.
	807	+	19 (6) A remonstrance petition may be delivered to the county
	808	+	20 auditor's office in person or by:
	809	+	21 (A) certified mail, return receipt requested; or
	810	+	22 (B) any other means of delivery that includes a return receipt.
	811	+	23 The remonstrance petition must be postmarked not later than the
	812	+	24 closing date for the remonstrance period.
	813	+	25 (7) The county auditor's office may not issue a remonstrance
	814	+	26 petition earlier than the day that notice is published under section
	815	+	27 11.1 of this chapter. The county auditor's office shall certify the
	816	+	28 date of issuance on each remonstrance petition. Any person may
	817	+	29 pick up additional copies of the remonstrance petition to
	818	+	30 distribute to other persons.
	819	+	31 (8) A person who signs a remonstrance petition may withdraw the
	820	+	32 person's signature from a remonstrance petition before a
	821	+	33 remonstrance petition is filed with the county auditor by filing a
	822	+	34 verified request to remove the person's name from the
	823	+	35 remonstrance petition. Names may not be added to a
	824	+	36 remonstrance petition after the remonstrance petition is filed with
	825	+	37 the county auditor.
	826	+	38 (f) The county auditor shall prepare and update weekly a list of the
	827	+	39 persons who have signed a remonstrance petition. The list must include
	828	+	40 a statement that the list includes all persons who have signed a
	829	+	41 remonstrance petition as of a particular date, and does not represent a
	830	+	42 list of persons certified by the county auditor as actual landowners in
	831	+	2025 IN 1362—LS 7347/DI 116 20
	832	+	1 the annexation territory using the auditor's current tax records under
	833	+	2 subsection (i). The county auditor shall post the list in the office of the
	834	+	3 county auditor. The list is a public record under IC 5-14-3.
	835	+	4 (g) Not later than five (5) business days after receiving the
	836	+	5 remonstrance petition, the county auditor shall submit a copy of the
	837	+	6 remonstrance petition to the legislative body of the annexing
	838	+	7 municipality.
	839	+	8 (h) Not later than fifteen (15) business days after the legislative
	840	+	9 body of the annexing municipality receives a copy of the remonstrance
	841	+	10 petition from the county auditor, the annexing municipality shall
	842	+	11 provide documentation to the county auditor regarding any valid waiver
	843	+	12 of the right of remonstrance that exists on the property within the
	844	+	13 annexation territory.
	845	+	14 (i) Not later than fifteen (15) business days after receiving the
	846	+	15 documentation regarding any valid waiver of the right of remonstrance
	847	+	16 from the annexing municipality under subsection (h), if any, the county
	848	+	17 auditor's office shall make a final determination of the number of
	849	+	18 owners of real property within the territory to be annexed:
	850	+	19 (1) who signed the remonstrance; and
	851	+	20 (2) whose property is not subject to a valid waiver of the right of
	852	+	21 remonstrance;
	853	+	22 using the auditor's current tax records as provided in section 2.2 of this
	854	+	23 chapter. The county auditor shall file a certificate with the legislative
	855	+	24 body of the annexing municipality certifying the number of property
	856	+	25 owners not later than five (5) business days after making the
	857	+	26 determination.
	858	+	27 SECTION 15. IC 36-4-3-11.3, AS ADDED BY P.L.228-2015,
	859	+	28 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	860	+	29 UPON PASSAGE]: Sec. 11.3. (a) This section applies only to an
	861	+	30 annexation ordinance adopted after June 30, 2015, and before May 15,
	862	+	31 2025.
	863	+	32 (b) An annexation ordinance is void if a written remonstrance
	864	+	33 petition is signed by one (1) of the following:
	865	+	34 (1) At least sixty-five percent (65%) of the owners of land in the
	866	+	35 annexed territory. An owner of land may not:
	867	+	36 (A) be counted in calculating the total number of owners of
	868	+	37 land in the annexation territory; or
	869	+	38 (B) have the owner's signature counted on a remonstrance;
	870	+	39 with regard to any single property that an owner has an interest in
	871	+	40 that was exempt from property taxes under IC 6-1.1-10 or any
	872	+	41 other state law for the immediately preceding year.
	873	+	42 (2) The owners of at least eighty percent (80%) in assessed
	874	+	2025 IN 1362—LS 7347/DI 116 21
	875	+	1 valuation of the land in the annexed territory. Land that was
	876	+	2 exempt from property taxes under IC 6-1.1-10 or any other state
	877	+	3 law for the immediately preceding year may not be included in
	878	+	4 calculating the total assessed valuation of the land in the
	879	+	5 annexation territory. The court may not count the owner's
	880	+	6 signature on a remonstrance with regard to any single property
	881	+	7 that the owner has an interest in that was exempt from property
	882	+	8 taxes under IC 6-1.1-10 or any other state law for the immediately
	883	+	9 preceding year.
	884	+	10 (c) The annexation may be appealed to the court under section 11
	885	+	11 of this chapter, if a written remonstrance is signed by one (1) of the
	886	+	12 following:
	887	+	13 (1) At least fifty-one percent (51%) but less than sixty-five
	888	+	14 percent (65%) of the owners of land. An owner of land may not:
	889	+	15 (A) be counted in calculating the total number of owners of
	890	+	16 land in the annexation territory; or
	891	+	17 (B) have the owner's signature counted on a remonstrance;
	892	+	18 with regard to any single property that the owner has an interest
	893	+	19 in that was exempt from property taxes under IC 6-1.1-10 or any
	894	+	20 other state law for the immediately preceding year.
	895	+	21 (2) The owners of at least sixty percent (60%) but less than eighty
	896	+	22 percent (80%) in assessed valuation of land in the annexed
	897	+	23 territory. Land that was exempt from property taxes under
	898	+	24 IC 6-1.1-10 or any other state law for the immediately preceding
	899	+	25 year may not be included in calculating the total assessed
	900	+	26 valuation of the land in the annexation territory. The court may
	901	+	27 not count an owner's signature on a remonstrance with regard to
	902	+	28 any single property that the owner has an interest in that was
	903	+	29 exempt from property taxes under IC 6-1.1-10 or any other state
	904	+	30 law for the immediately preceding year.
	905	+	31 SECTION 16. IC 36-4-3-11.4, AS AMENDED BY THE
	906	+	32 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
	907	+	33 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	908	+	34 UPON PASSAGE]: Sec. 11.4. (a) This section applies only to an
	909	+	35 annexation that the meets all of the following requirements:
	910	+	36 (1) The annexation ordinance is adopted after December 31,
	911	+	37 2016, and before May 15, 2025.
	912	+	38 (2) Notwithstanding the contiguity requirements of section 1.5 of
	913	+	39 this chapter, at least one-tenth (1/10) of the aggregate external
	914	+	40 boundaries of the territory sought to be annexed coincides with
	915	+	41 the boundaries of:
	916	+	42 (A) the municipality; and
	917	+	2025 IN 1362—LS 7347/DI 116 22
	918	+	1 (B) the site of an economic development project.
	919	+	2 (b) As used in this section, "economic development project" means
	920	+	3 any project developed by the municipality that meets all of the
	921	+	4 following requirements:
	922	+	5 (1) The annexing municipality determines that the project will:
	923	+	6 (A) promote significant opportunities for the gainful
	924	+	employment of its citizens;7
	925	+	8 (B) attract a major new business enterprise to the municipality;
	926	+	9 or
	927	+	10 (C) retain or expand a significant business enterprise within
	928	+	11 the municipality.
	929	+	12 (2) The project involves expenditures by the annexing
	930	+	13 municipality for any of the following:
	931	+	14 (A) Land acquisition, interests in land, site improvements,
	932	+	15 infrastructure improvements, buildings, or structures.
	933	+	16 (B) Rehabilitation, renovation, and enlargement of buildings
	934	+	17 and structures.
	935	+	18 (C) Machinery, equipment, furnishings, or facilities.
	936	+	19 (D) Substance removal or remedial action.
	937	+	20 (c) Notwithstanding section 11.3(b) of this chapter, even if a
	938	+	21 remonstrance has enough signatures to satisfy the requirements of
	939	+	22 section 11.3(b) of this chapter, the annexation ordinance is not void and
	940	+	23 may be appealed to the court under section 11 of this chapter, if all of
	941	+	the following requirements are met:24
	942	+	25 (1) The economic development project site needs the following
	943	+	26 capital services that the municipality is lawfully able to provide:
	944	+	27 (A) water;
	945	+	28 (B) sewer;
	946	+	29 (C) gas; or
	947	+	30 (D) any combination of the capital services described in
	948	+	31 clauses (A) through (C).
	949	+	32 (2) The municipality finds that it is in the municipality's best
	950	+	33 interest to annex the annexation territory in order to extend,
	951	+	34 construct, or operate the capital services that are provided to the
	952	+	35 economic development project site.
	953	+	36 (3) Before the date the annexation ordinance is adopted, a
	954	+	37 taxpayer whose business will occupy the economic development
	955	+	38 project site has done at least one (1) of the following:
	956	+	39 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
	957	+	40 designating body for the annexing municipality for a deduction
	958	+	41 or abatement.
	959	+	42 (B) Entered into an agreement with the Indiana economic
	960	+	2025 IN 1362—LS 7347/DI 116 23
	961	+	1 development corporation for a credit under IC 6-3.1-13.
	962	+	2 (d) If the economic development project:
	963	+	3 (1) has not commenced within twelve (12) months after the date
	964	+	the annexation 4 ordinance is adopted; or
	965	+	5 (2) is not completed within thirty-six (36) months after the date
	966	+	6 the annexation ordinance is adopted;
	967	+	7 the annexation territory is disannexed from the municipality and reverts
	968	+	8 to the jurisdiction of the unit having jurisdiction before the annexation.
	969	+	9 For purposes of this subsection, a an economic development project is
	970	+	10 considered to have commenced on the day that the physical erection,
	971	+	11 installation, alteration, repair, or remodeling of a building or structure
	972	+	12 commences on the site of the economic development project.
	973	+	13 SECTION 17. IC 36-4-3-11.5 IS AMENDED TO READ AS
	974	+	14 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) A
	975	+	15 landowner in an unincorporated area is not required to grant a
	976	+	16 municipality a waiver against remonstrance as a condition of
	977	+	17 connection to a sewer or water service if all of the following conditions
	978	+	18 apply:
	979	+	19 (1) The landowner is required to connect to the sewer or water
	980	+	20 service because a person other than the landowner has polluted or
	981	+	21 contaminated the area.
	982	+	22 (2) A person other than the landowner or the municipality has
	983	+	23 paid the cost of connection to the service.
	984	+	24 (b) Notwithstanding any other law, a waiver against
	985	+	25 remonstrance is effective and binding on a landowner or a
	986	+	26 successor in title only with regard to an annexation for which the
	987	+	27 annexation ordinance was adopted before May 15, 2025.
	988	+	28 SECTION 18. IC 36-4-3-11.6, AS ADDED BY P.L.228-2015,
	989	+	29 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	990	+	30 UPON PASSAGE]: Sec. 11.6. (a) This section applies to a
	991	+	31 remonstrance filed after June 30, 2015, and before May 15, 2025.
	992	+	32 (b) If the court orders an annexation not to take place after a hearing
	993	+	33 under section 11 of this chapter, the remonstrators shall be reimbursed
	994	+	34 by the annexing municipality for any reasonable attorney's fees,
	995	+	35 including litigation expenses and appeal costs:
	996	+	36 (1) that are incurred:
	997	+	37 (A) after the date the annexation ordinance is adopted; and
	998	+	38 (B) in remonstrating against the annexation; and
	999	+	39 (2) not to exceed thirty-seven thousand five hundred dollars
	1000	+	40 ($37,500).
	1001	+	41 SECTION 19. IC 36-4-3-11.7, AS AMENDED BY P.L.257-2019,
	1002	+	42 SECTION 112, IS AMENDED TO READ AS FOLLOWS
	1003	+	2025 IN 1362—LS 7347/DI 116 24
	1004	+	1 [EFFECTIVE UPON PASSAGE]: Sec. 11.7. (a) This subsection
	1005	+	2 applies to any deed recorded after June 30, 2015. This subsection
	1006	+	3 applies only to property that is subject to a remonstrance waiver. A
	1007	+	4 municipality shall, within a reasonable time after the recording of a
	1008	+	5 deed to property located within the municipality, provide written notice
	1009	+	6 to the property owner that a waiver of the right of remonstrance exists
	1010	+	7 with respect to the property.
	1011	+	8 (b) A remonstrance waiver executed before July 1, 2003, is void.
	1012	+	9 This subsection does not invalidate an annexation that was effective on
	1013	+	10 or before July 1, 2019.
	1014	+	11 (c) A remonstrance waiver executed after June 30, 2003, and before
	1015	+	12 July 1, 2019, is subject to the following:
	1016	+	13 (1) The waiver is void unless the waiver was recorded:
	1017	+	14 (A) before January 1, 2020; and
	1018	+	15 (B) with the county recorder of the county where the property
	1019	+	16 subject to the waiver is located.
	1020	+	17 (2) A waiver that is not void under subdivision (1) expires not
	1021	+	18 later than fifteen (15) years after the date the waiver is executed.
1797	1022		19 This subsection does not invalidate an annexation that was effective on
1798	1023		20 or before July 1, 2019.
1799		-	21 (o) A remonstrance waiver executed after June 30, 2019, is subject
	1024	+	21 (d) A remonstrance waiver executed after June 30, 2019, is subject
1800	1025		22 to the following: (1) The waiver is void unless the waiver is must be
1801	1026		23 recorded (A) not later than thirty (30) business days after the date the
1802	1027		24 waiver was executed and (B) with the county recorder of the county
1803	1028		25 where the property subject to the waiver is located. (2) A waiver that
1804	1029		26 is not void under subdivision (1) expires not later than fifteen (15)
1805	1030		27 years after the date the waiver is executed. This subsection does not
1806	1031		28 invalidate an annexation that was effective on or before July 1, 2019.
1807		-	29 (p) Notwithstanding any other law, a remonstrance waiver is
1808		-	30 effective and binding on a landowner or a successor in title to a
1809		-	31 party to the contract only with regard to an annexation for which
1810		-	32 the annexation ordinance was adopted before May 15, 2025.
1811		-	33 (q) This subsection applies after May 14, 2025. Except as
1812		-	34 provided in subsections (j) and (l), sewer service agreements made
1813		-	35 under subsection (e) must contain a provision that persons (other
1814		-	36 than municipalities) who own or occupy property agree for
1815		-	37 themselves, their executors, administrators, heirs, devisees,
1816		-	38 grantees, successors, and assigns that they will:
1817		-	39 (1) consent to a future annexation of the property by a
1818		-	40 municipality within the boundaries of the district and to be
1819		-	41 included on a petition under IC 36-4-3-5.5 in accordance with
1820		-	42 the terms set forth in IC 36-4-3-5.5(i);
1821		-	HB 1362—LS 7347/DI 116 43
1822		-	1 (2) not appeal from an order or a judgment annexing the
1823		-	2 property to a municipality; and
1824		-	3 (3) not file a complaint or an action against annexation
1825		-	4 proceedings.
1826		-	5 The terms of the provision must conform to the requirements set
1827		-	6 forth in IC 36-4-3-5.5(i).
1828		-	7 SECTION 29. An emergency is declared for this act.
1829		-	HB 1362—LS 7347/DI 116 44
1830		-	COMMITTEE REPORT
1831		-	Mr. Speaker: Your Committee on Local Government, to which was
1832		-	referred House Bill 1362, has had the same under consideration and
1833		-	begs leave to report the same back to the House with the
1834		-	recommendation that said bill be amended as follows:
1835		-	Page 2, between lines 29 and 30, begin a new paragraph and insert:
1836		-	"(i) This subsection applies after May 14, 2025. If service is
1837		-	ordered under this chapter, a receiver of that service that is located
1838		-	in an unincorporated area may enter into an agreement described
1839		-	in IC 36-4-3-5.5(i) with a municipality providing the service. An
1840		-	agreement under this subsection:
1841		-	(1) provides that the landowner consents to a future
1842		-	annexation of the property by a municipality and the
1843		-	landowner will be included on a petition under IC 36-4-3-5.5
1844		-	in accordance with the terms set forth in IC 36-4-3-5.5(i); and
1845		-	(2) may be one (1) of the terms for connection and service
1846		-	described in subsection (a).
1847		-	The agreement, if granted, shall be noted on the deed of each
1848		-	property affected and recorded as provided by law and is
1849		-	considered a covenant running with the land.".
1850		-	Page 8, line 37, delete "After" and insert "Except as provided in
1851		-	subsection (i), after".
1852		-	Page 8, line 42, delete "sixty-five percent (65%)" and insert
1853		-	"fifty-one percent (51%)".
1854		-	Page 9, line 4, delete "eighty percent (80%)" and insert
1855		-	"seventy-five percent (75%)".
1856		-	Page 9, between lines 8 and 9, begin a new line blocked left and
1857		-	insert:
1858		-	"The municipality may collect signatures for the petition by mail
1859		-	on a form prescribed by the municipality that meets the
1860		-	requirements of this section as long as the signature is made under
1861		-	oath or affirmation.".
1862		-	Page 10, between lines 11 and 12, begin a new paragraph and insert:
1863		-	"(i) A receiver of service under IC 13-18-15, IC 36-9-22, or
1864		-	IC 36-9-25-14 whose property is located in an unincorporated area
1865		-	may enter into an agreement to provide consent to a future
1866		-	annexation in accordance with the requirements set forth in this
1867		-	section. A landowner who signs an agreement under this subsection
1868		-	shall be included in the petition described in subsection (c).
1869		-	However, an agreement under this subsection is subject to the
1870		-	following:
1871		-	(1) The agreement is void unless the agreement is recorded:
1872		-	HB 1362—LS 7347/DI 116 45
1873		-	(A) not later than thirty (30) business days after the date
1874		-	the agreement was executed; and
1875		-	(B) with the county recorder of the county where the
1876		-	property subject to the agreement is located.
1877		-	(2) An agreement that is not void under subdivision (1)
1878		-	expires not later than fifteen (15) years after the date the
1879		-	agreement is executed.
1880		-	A municipality shall provide written notice to any successor in title
1881		-	to the property within a reasonable time after the deed is recorded,
1882		-	that an agreement has been made with respect to the property in
1883		-	accordance with this subsection. This subsection does not
1884		-	invalidate an annexation that was effective on or before May 15,
1885		-	2025.".
1886		-	Page 36, line 26, after "subsection (c)" delete "," and insert "or
1887		-	(m),".
1888		-	Page 36, line 27, after "subsection (c)" insert "or (m)".
1889		-	Page 36, line 29, after "subsection (c)" insert "or (m)".
1890		-	Page 38, between lines 3 and 4, begin a new paragraph and insert:
1891		-	"(m) This subsection applies after May 14, 2025. The contract
1892		-	must include, as part of the consideration running to the
1893		-	municipality, consent of:
1894		-	(1) the parties to the contract; and
1895		-	(2) the successors in title of the parties to the contract;
1896		-	to be included on a petition under IC 36-4-3-5.5 for any pending or
1897		-	future annexations by the municipality of the area served by the
1898		-	sewage works.".
1899		-	Page 40, line 39, after "(g)" insert "or (q)".
1900		-	Page 41, between lines 25 and 26, begin a new paragraph and insert:
1901		-	"(q) This subsection applies after May 14, 2025. Except as
1902		-	provided in subsections (j) and (l), sewer service agreements made
1903		-	under subsection (e) must contain a provision that persons (other
1904		-	than municipalities) who own or occupy property agree for
1905		-	themselves, their executors, administrators, heirs, devisees,
1906		-	grantees, successors, and assigns that they will:
1907		-	(1) consent to a future annexation of the property by a
1908		-	municipality within the boundaries of the district and to be
1909		-	included on a petition under IC 36-4-3-5.5 in accordance with
1910		-	the terms set forth in IC 36-4-3-5.5(i);
1911		-	(2) not appeal from an order or a judgment annexing the
1912		-	property to a municipality; and
1913		-	(3) not file a complaint or an action against annexation
1914		-	proceedings.
1915		-	HB 1362—LS 7347/DI 116 46
1916		-	The terms of the provision must conform to the requirements set
1917		-	forth in IC 36-4-3-5.5(i).".
1918		-	and when so amended that said bill do pass.
1919		-	(Reference is to HB 1362 as introduced.)
1920		-	MAY
1921		-	Committee Vote: yeas 9, nays 4.
1922		-	HB 1362—LS 7347/DI 116
	1032	+	29 (e) Notwithstanding any other law, a remonstrance waiver is
	1033	+	30 effective and binding on a landowner or a successor in title only
	1034	+	31 with regard to an annexation for which the annexation ordinance
	1035	+	32 was adopted before May 15, 2025.
	1036	+	33 SECTION 20. IC 36-4-3-12, AS AMENDED BY P.L.104-2022,
	1037	+	34 SECTION 158, IS AMENDED TO READ AS FOLLOWS
	1038	+	35 [EFFECTIVE UPON PASSAGE]: Sec. 12. The circuit or superior court
	1039	+	36 shall:
	1040	+	37 (1) on the date fixed under:
	1041	+	38 (A) section 11 of this chapter (in the case of an annexation
	1042	+	39 for which an annexation ordinance is adopted before May
	1043	+	40 15, 2025), hear and determine the remonstrance without a jury;
	1044	+	41 or
	1045	+	42 (B) section 5.5 of this chapter (in the case of an annexation
	1046	+	2025 IN 1362—LS 7347/DI 116 25
	1047	+	1 for which an annexation ordinance is adopted after May
	1048	+	2 14, 2025), hear and determine the petition without a jury;
	1049	+	3 and
	1050	+	4 (2) without delay, enter judgment on the question of the
	1051	+	5 annexation according to the evidence that either party may
	1052	+	6 introduce.
	1053	+	7 SECTION 21. IC 36-4-3-13, AS AMENDED BY P.L.70-2022,
	1054	+	8 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1055	+	9 UPON PASSAGE]: Sec. 13. (a) Except as provided in subsection (e),
	1056	+	10 at the hearing under section 12 of this chapter, the court shall order a
	1057	+	11 proposed annexation to take place if the following requirements are
	1058	+	12 met:
	1059	+	13 (1) The requirements of either subsection (b) or (c).
	1060	+	14 (2) The requirements of subsection (d).
	1061	+	15 (3) The requirements of subsection (i) (in the case of an
	1062	+	16 annexation for which an annexation ordinance is adopted
	1063	+	17 before May 15, 2025).
	1064	+	18 (b) The requirements of this subsection are met if the evidence
	1065	+	19 establishes the following:
	1066	+	20 (1) That the territory sought to be annexed is contiguous to the
	1067	+	21 municipality.
	1068	+	22 (2) One (1) of the following:
	1069	+	23 (A) The resident population density of the territory sought to
	1070	+	24 be annexed is at least three (3) persons per acre.
	1071	+	25 (B) Sixty percent (60%) of the territory is subdivided.
	1072	+	26 (C) The territory is zoned for commercial, business, or
	1073	+	27 industrial uses.
	1074	+	28 (c) The requirements of this subsection are met if the evidence
	1075	+	29 establishes one (1) of the following:
	1076	+	30 (1) That the territory sought to be annexed is:
	1077	+	31 (A) contiguous to the municipality as required by section 1.5
	1078	+	32 of this chapter, except that at least one-fourth (1/4), instead of
	1079	+	33 one-eighth (1/8), of the aggregate external boundaries of the
	1080	+	34 territory sought to be annexed must coincide with the
	1081	+	35 boundaries of the municipality; and
	1082	+	36 (B) needed and can be used by the municipality for its
	1083	+	37 development in the reasonably near future.
	1084	+	38 (2) This subdivision applies only to an annexation for which an
	1085	+	39 annexation ordinance is adopted after December 31, 2016, and
	1086	+	40 before May 15, 2025. That the territory sought to be annexed
	1087	+	41 involves an economic development project and the requirements
	1088	+	42 of section 11.4 of this chapter are met.
	1089	+	2025 IN 1362—LS 7347/DI 116 26
	1090	+	1 (3) The territory is described in section 5.2 of this chapter.
	1091	+	2 (d) The requirements of this subsection are met if the evidence
	1092	+	3 establishes that the municipality has developed and adopted a written
	1093	+	4 fiscal plan and has established a definite policy, by resolution of the
	1094	+	5 legislative body as set forth in section 3.1 of this chapter. The fiscal
	1095	+	6 plan must show the following:
	1096	+	7 (1) The cost estimates of planned services to be furnished to the
	1097	+	8 territory to be annexed. The plan must present itemized estimated
	1098	+	9 costs for each municipal department or agency.
	1099	+	10 (2) The method or methods of financing the planned services. The
	1100	+	11 plan must explain how specific and detailed expenses will be
	1101	+	12 funded and must indicate the taxes, grants, and other funding to
	1102	+	13 be used.
	1103	+	14 (3) The plan for the organization and extension of services. The
	1104	+	15 plan must detail the specific services that will be provided and the
	1105	+	16 dates the services will begin.
	1106	+	17 (4) That planned services of a noncapital nature, including police
	1107	+	18 protection, fire protection, street and road maintenance, and other
	1108	+	19 noncapital services normally provided within the corporate
	1109	+	20 boundaries, will be provided to the annexed territory within one
	1110	+	21 (1) year after the effective date of annexation and that they will be
	1111	+	22 provided in a manner equivalent in standard and scope to those
	1112	+	23 noncapital services provided to areas within the corporate
	1113	+	24 boundaries regardless of similar topography, patterns of land use,
	1114	+	25 and population density.
	1115	+	26 (5) That services of a capital improvement nature, including street
	1116	+	27 construction, street lighting, sewer facilities, water facilities, and
	1117	+	28 storm water drainage facilities, will be provided to the annexed
	1118	+	29 territory within three (3) years after the effective date of the
	1119	+	30 annexation in the same manner as those services are provided to
	1120	+	31 areas within the corporate boundaries, regardless of similar
	1121	+	32 topography, patterns of land use, and population density, and in
	1122	+	33 a manner consistent with federal, state, and local laws,
	1123	+	34 procedures, and planning criteria.
	1124	+	35 (6) This subdivision applies to a fiscal plan prepared after June
	1125	+	36 30, 2015. The estimated effect of the proposed annexation on
	1126	+	37 taxpayers in each of the political subdivisions to which the
	1127	+	38 proposed annexation applies, including the expected tax rates, tax
	1128	+	39 levies, expenditure levels, service levels, and annual debt service
	1129	+	40 payments in those political subdivisions for four (4) years after
	1130	+	41 the effective date of the annexation.
	1131	+	42 (7) This subdivision applies to a fiscal plan prepared after June
	1132	+	2025 IN 1362—LS 7347/DI 116 27
	1133	+	1 30, 2015. The estimated effect the proposed annexation will have
	1134	+	2 on municipal finances, specifically how municipal tax revenues
	1135	+	3 will be affected by the annexation for four (4) years after the
	1136	+	4 effective date of the annexation.
	1137	+	5 (8) This subdivision applies to a fiscal plan prepared after June
	1138	+	6 30, 2015. Any estimated effects on political subdivisions in the
	1139	+	7 county that are not part of the annexation and on taxpayers
	1140	+	8 located in those political subdivisions for four (4) years after the
	1141	+	9 effective date of the annexation.
	1142	+	10 (9) This subdivision applies to a fiscal plan prepared after June
	1143	+	11 30, 2015. A list of all parcels of property in the annexation
	1144	+	12 territory and the following information regarding each parcel:
	1145	+	13 (A) The name of the owner of the parcel.
	1146	+	14 (B) The parcel identification number.
	1147	+	15 (C) The most recent assessed value of the parcel.
	1148	+	16 (D) The existence of a known waiver of the right to
	1149	+	17 remonstrate on the parcel. This clause applies only to a fiscal
	1150	+	18 plan prepared after June 30, 2016, and before May 15, 2025.
	1151	+	19 (e) At the hearing under section 12 of this chapter with regard to
	1152	+	20 an annexation for which an annexation ordinance was adopted
	1153	+	21 before May 15, 2025, the court shall do the following:
	1154	+	22 (1) Consider evidence on the conditions listed in subdivision (2).
	1155	+	23 (2) Order a proposed annexation not to take place if the court
	1156	+	24 finds that all of the following conditions that are applicable to the
	1157	+	25 annexation exist in the territory proposed to be annexed:
	1158	+	26 (A) This clause applies only to an annexation for which an
	1159	+	27 annexation ordinance was adopted before July 1, 2015. The
	1160	+	28 following services are adequately furnished by a provider
	1161	+	29 other than the municipality seeking the annexation:
	1162	+	30 (i) Police and fire protection.
	1163	+	31 (ii) Street and road maintenance.
	1164	+	32 (B) The annexation will have a significant financial impact on
	1165	+	33 the residents or owners of land. The court may not consider:
	1166	+	34 (i) the personal finances; or
	1167	+	35 (ii) the business finances;
	1168	+	36 of a resident or owner of land. The personal and business
	1169	+	37 financial records of the residents or owners of land, including
	1170	+	38 state, federal, and local income tax returns, may not be subject
	1171	+	39 to a subpoena or discovery proceedings.
	1172	+	40 (C) The annexation is not in the best interests of the owners of
	1173	+	41 land in the territory proposed to be annexed as set forth in
	1174	+	42 subsection (f).
	1175	+	2025 IN 1362—LS 7347/DI 116 28
	1176	+	1 (D) This clause applies only to an annexation for which an
	1177	+	2 annexation ordinance is adopted before July 1, 2015. One (1)
	1178	+	3 of the following opposes the annexation:
	1179	+	4 (i) At least sixty-five percent (65%) of the owners of land in
	1180	+	5 the territory proposed to be annexed.
	1181	+	6 (ii) The owners of more than seventy-five percent (75%) in
	1182	+	7 assessed valuation of the land in the territory proposed to be
	1183	+	8 annexed.
	1184	+	9 Evidence of opposition may be expressed by any owner of land
	1185	+	10 in the territory proposed to be annexed.
	1186	+	11 (E) This clause applies only to an annexation for which an
	1187	+	12 annexation ordinance is adopted after June 30, 2015, and
	1188	+	13 before May 15, 2025. One (1) of the following opposes the
	1189	+	14 annexation:
	1190	+	15 (i) At least fifty-one percent (51%) of the owners of land in
	1191	+	16 the territory proposed to be annexed.
	1192	+	17 (ii) The owners of more than sixty percent (60%) in assessed
	1193	+	18 valuation of the land in the territory proposed to be annexed.
	1194	+	19 The remonstrance petitions filed with the court under section
	1195	+	20 11 of this chapter are evidence of the number of owners of
	1196	+	21 land that oppose the annexation, minus any written revocations
	1197	+	22 of remonstrances that are filed with the court under section 11
	1198	+	23 of this chapter.
	1199	+	24 (F) This clause applies only to an annexation for which an
	1200	+	25 annexation ordinance is adopted before July 1, 2015. This
	1201	+	26 clause applies only to an annexation in which eighty percent
	1202	+	27 (80%) of the boundary of the territory proposed to be annexed
	1203	+	28 is contiguous to the municipality and the territory consists of
	1204	+	29 not more than one hundred (100) parcels. At least seventy-five
	1205	+	30 percent (75%) of the owners of land in the territory proposed
	1206	+	31 to be annexed oppose the annexation as determined under
	1207	+	32 section 11(b) of this chapter.
	1208	+	33 (f) This subsection applies only to an annexation for which an
	1209	+	34 annexation ordinance is adopted before May 15, 2025. The
	1210	+	35 municipality under subsection (e)(2)(C) bears the burden of proving
	1211	+	36 that the annexation is in the best interests of the owners of land in the
	1212	+	37 territory proposed to be annexed. In determining this issue, the court
	1213	+	38 may consider whether the municipality has extended sewer or water
	1214	+	39 services to the entire territory to be annexed:
	1215	+	40 (1) within the three (3) years preceding the date of the
	1216	+	41 introduction of the annexation ordinance; or
	1217	+	42 (2) under a contract in lieu of annexation entered into under
	1218	+	2025 IN 1362—LS 7347/DI 116 29
	1219	+	1 IC 36-4-3-21. section 21 of this chapter.
	1220	+	2 The court may not consider the provision of water services as a result
	1221	+	3 of an order by the Indiana utility regulatory commission to constitute
	1222	+	4 the provision of water services to the territory to be annexed.
	1223	+	5 (g) The most recent:
	1224	+	6 (1) federal decennial census;
	1225	+	7 (2) federal special census;
	1226	+	8 (3) special tabulation; or
	1227	+	9 (4) corrected population count;
	1228	+	10 shall be used as evidence of resident population density for purposes
	1229	+	11 of subsection (b)(2)(A), but this evidence may be rebutted by other
	1230	+	12 evidence of population density.
	1231	+	13 (h) A municipality that prepares a fiscal plan after June 30, 2015,
	1232	+	14 must comply with this subsection. A municipality may not amend the
	1233	+	15 fiscal plan after the date that:
	1234	+	16 (1) a remonstrance is filed with the court under section 11 of this
	1235	+	17 chapter (in the case of an annexation for which an annexation
	1236	+	18 ordinance was adopted before May 15, 2025); or
	1237	+	19 (2) a petition is filed with the court under section 5.5 of this
	1238	+	20 chapter (in the case of an annexation for which an annexation
	1239	+	21 ordinance was adopted after May 14, 2025);
	1240	+	22 unless amendment of the fiscal plan is consented to by at least
	1241	+	23 sixty-five percent (65%) of the persons who signed the remonstrance
	1242	+	24 or the petition.
	1243	+	25 (i) The municipality must submit proof that the municipality has
	1244	+	26 complied with:
	1245	+	27 (1) the outreach program requirements and notice requirements
	1246	+	28 of section 1.7 of this chapter; and
	1247	+	29 (2) the requirements of section 11.1 of this chapter (in the case of
	1248	+	30 an annexation for which an annexation ordinance was
	1249	+	31 adopted after June 30, 2015, and before May 15, 2025).
	1250	+	32 SECTION 22. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
	1251	+	33 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1252	+	34 UPON PASSAGE]: Sec. 15. (a) The court's judgment under section 12
	1253	+	35 or 15.5 of this chapter must specify the annexation ordinance. on which
	1254	+	36 the remonstrance is based. The clerk of the court shall deliver a
	1255	+	37 certified copy of the final and unappealable judgment to the clerk of the
	1256	+	38 municipality. The clerk of the municipality shall:
	1257	+	39 (1) record the judgment in the clerk's ordinance record; and
	1258	+	40 (2) make a cross-reference to the record of the judgment on the
	1259	+	41 margin of the record of the annexation ordinance.
	1260	+	42 (b) If a final and unappealable judgment under section 12 or 15.5 of
	1261	+	2025 IN 1362—LS 7347/DI 116 30
	1262	+	1 this chapter is adverse to annexation, the municipality may not make
	1263	+	2 further attempts to annex the territory or any part of the territory during
	1264	+	3 the four (4) years after the later of:
	1265	+	4 (1) the judgment of the circuit or superior court; or
	1266	+	5 (2) the date of the final disposition of all appeals to a higher court;
	1267	+	6 unless the annexation is petitioned for under section 5 or 5.1 of this
	1268	+	7 chapter.
	1269	+	8 (c) This subsection applies if a municipality repeals the annexation
	1270	+	9 ordinance:
	1271	+	10 (1) less than sixty-one (61) days after the publication of the
	1272	+	11 ordinance under section 7(a) of this chapter; and
	1273	+	12 (2) before the hearing commences:
	1274	+	13 (A) on the remonstrance under section 11(c) of this chapter (in
	1275	+	the 14 case of an annexation for which an annexation
	1276	+	15 ordinance is adopted before May 15, 2025); or
	1277	+	(B) on the petition under section 12 of this chapter (in the16
	1278	+	17 case of an annexation for which an annexation ordinance
	1279	+	18 is adopted after May 14, 2025).
	1280	+	19 A municipality may not make further attempts to annex the territory or
	1281	+	20 any part of the territory during the twelve (12) months after the date the
	1282	+	21 municipality repeals the annexation ordinance. This subsection does
	1283	+	22 not prohibit an annexation of the territory or part of the territory that is
	1284	+	23 petitioned for under section 5 or 5.1 of this chapter.
	1285	+	24 (d) This subsection applies if a municipality repeals the annexation
	1286	+	25 ordinance:
	1287	+	26 (1) at least sixty-one (61) days but not more than one hundred
	1288	+	27 twenty (120) days after the publication of the ordinance under
	1289	+	28 section 7(a) of this chapter; and
	1290	+	29 (2) before the hearing commences:
	1291	+	30 (A) on the remonstrance under section 11(c) of this chapter (in
	1292	+	31 the case of an annexation for which an annexation
	1293	+	32 ordinance is adopted before May 15, 2025); or
	1294	+	(B) on the petition under section 12 of this chapter (in the33
	1295	+	34 case of an annexation for which an annexation ordinance
	1296	+	35 is adopted after May 14, 2025).
	1297	+	36 A municipality may not make further attempts to annex the territory or
	1298	+	37 any part of the territory during the twenty-four (24) months after the
	1299	+	38 date the municipality repeals the annexation ordinance. This subsection
	1300	+	39 does not prohibit an annexation of the territory or part of the territory
	1301	+	40 that is petitioned for under section 5 or 5.1 of this chapter.
	1302	+	41 (e) This subsection applies if a municipality repeals the annexation
	1303	+	42 ordinance:
	1304	+	2025 IN 1362—LS 7347/DI 116 31
	1305	+	1 (1) either:
	1306	+	2 (A) at least one hundred twenty-one (121) days after
	1307	+	3 publication of the ordinance under section 7(a) of this chapter
	1308	+	4 but before the hearing commences:
	1309	+	5 (i) on the remonstrance under section 11(c) of this chapter
	1310	+	6 (in the case of an annexation for which an annexation
	1311	+	7 ordinance is adopted before May 15, 2025); or
	1312	+	(ii) on the petition under section 12 of this chapter (in the8
	1313	+	9 case of an annexation for which an annexation ordinance
	1314	+	10 is adopted after May 14, 2025); or
	1315	+	11 (B) after the hearing commences:
	1316	+	12 (i) on the remonstrance as set forth in section 11(c) of this
	1317	+	13 chapter (in the case of an annexation for which an
	1318	+	14 annexation ordinance is adopted before May 15, 2025);
	1319	+	15 or
	1320	+	(ii) on the petition under section 12 of this chapter (in the16
	1321	+	17 case of an annexation for which an annexation ordinance
	1322	+	18 is adopted after May 14, 2025); and
	1323	+	19 (2) before the date of the judgment of the circuit or superior court
	1324	+	20 as set forth in subsection (b).
	1325	+	21 A municipality may not make further attempts to annex the territory or
	1326	+	22 any part of the territory during the forty-two (42) months after the date
	1327	+	23 the municipality repeals the annexation ordinance. This subsection
	1328	+	24 does not prohibit an annexation of the territory or part of the territory
	1329	+	25 that is petitioned for under section 5 or 5.1 of this chapter.
	1330	+	26 (f) An annexation is effective when the clerk of the municipality
	1331	+	27 complies with the filing requirement of section 22(a) of this chapter.
	1332	+	28 SECTION 23. IC 36-4-3-15.3, AS AMENDED BY P.L.156-2020,
	1333	+	29 SECTION 138, IS AMENDED TO READ AS FOLLOWS
	1334	+	30 [EFFECTIVE UPON PASSAGE]: Sec. 15.3. (a) As used in this
	1335	+	31 section, "prohibition against annexation" means that a municipality
	1336	+	32 may not make further attempts to annex certain territory or any part of
	1337	+	33 that territory.
	1338	+	34 (b) As used in this section, "settlement agreement" means a written
	1339	+	35 court approved settlement of a dispute involving annexation under this
	1340	+	36 chapter between a municipality and remonstrators.
	1341	+	37 (c) Under a settlement agreement between the annexing
	1342	+	38 municipality and either:
	1343	+	39 (1) seventy-five percent (75%) or more of all landowners
	1344	+	40 participating in the remonstrance; or
	1345	+	41 (2) the owners of more than seventy-five percent (75%) in
	1346	+	42 assessed valuation of the land owned by all landowners
	1347	+	2025 IN 1362—LS 7347/DI 116 32
	1348	+	1 participating in the remonstrance;
	1349	+	2 the parties may mutually agree to a prohibition against annexation of
	1350	+	3 all or part of the territory by the municipality for a period not to exceed
	1351	+	4 twenty (20) years. The settlement agreement may address issues and
	1352	+	5 bind the parties to matters relating to the provision by a municipality
	1353	+	6 of planned services of a noncapital nature and services of a capital
	1354	+	7 improvement nature (as described in section 13(d) of this chapter), in
	1355	+	8 addition to a prohibition against annexation. The settlement agreement
	1356	+	9 is binding upon the successors, heirs, and assigns of the parties to the
	1357	+	10 agreement. However, the settlement agreement may be amended or
	1358	+	11 revised periodically on further agreement between the annexing
	1359	+	12 municipality and landowners who meet the qualifications of
	1360	+	13 subdivision (1) or (2).
	1361	+	14 (d) A settlement agreement executed after May 14, 2025, is void.
	1362	+	15 SECTION 24. IC 36-4-3-16 IS AMENDED TO READ AS
	1363	+	16 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This
	1364	+	17 section does not apply to an annexation under:
	1365	+	18 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
	1366	+	19 (2) section 5.1 of this chapter, for which an annexation
	1367	+	20 ordinance is adopted after May 14, 2025.
	1368	+	21 (a) (b) Within one (1) year after the expiration of:
	1369	+	22 (1) the one (1) year period for implementation of planned services
	1370	+	23 of a noncapital nature under section 13(d)(4) of this chapter; or
	1371	+	24 (2) the three (3) year period for the implementation of planned
	1372	+	25 services of a capital improvement nature under section 13(d)(5)
	1373	+	26 of this chapter;
	1374	+	27 any person who pays taxes on property located within the annexed
	1375	+	28 territory may file a complaint alleging injury resulting from the failure
	1376	+	29 of the municipality to implement the plan. The complaint must name
	1377	+	30 the municipality as defendant and shall be filed with the circuit or
	1378	+	31 superior court of the county in which the annexed territory is located.
	1379	+	32 (b) (c) The court shall hear the case within sixty (60) days without
	1380	+	33 a jury. In order to be granted relief, the plaintiff must establish one (1)
	1381	+	34 of the following:
	1382	+	35 (1) That the municipality has without justification failed to
	1383	+	36 implement the plan required by section 13 of this chapter within
	1384	+	37 the specific time limit for implementation after annexation.
	1385	+	38 (2) That the municipality has not provided police protection, fire
	1386	+	39 protection, sanitary sewers, and water for human consumption
	1387	+	40 within the specific time limit for implementation, unless one (1)
	1388	+	41 of these services is being provided by a separate taxing district or
	1389	+	42 by a privately owned public utility.
	1390	+	2025 IN 1362—LS 7347/DI 116 33
	1391	+	1 (3) That the annexed territory is not receiving governmental and
	1392	+	2 proprietary services substantially equivalent in standard and scope
	1393	+	3 to the services provided by the municipality to other areas of the
	1394	+	4 municipality, regardless of topography, patterns of land use, and
	1395	+	5 population density similar to the annexed territory.
	1396	+	6 (c) (d) The court may:
	1397	+	7 (1) grant an injunction prohibiting the collection of taxes levied
	1398	+	8 by the municipality on the plaintiff's property located in the
	1399	+	9 annexed territory;
	1400	+	10 (2) award damages to the plaintiff not to exceed one and
	1401	+	11 one-fourth (1 1/4) times the taxes collected by the municipality
	1402	+	12 for the plaintiff's property located in the annexed territory;
	1403	+	13 (3) order the annexed territory or any part of it to be disannexed
	1404	+	14 from the municipality;
	1405	+	15 (4) order the municipality to submit a revised fiscal plan for
	1406	+	16 providing the services to the annexed territory within time limits
	1407	+	17 set up by the court; or
	1408	+	18 (5) grant any other appropriate relief.
	1409	+	19 (d) (e) A change of venue from the county is not permitted for an
	1410	+	20 action brought under this section.
	1411	+	21 (e) (f) If the court finds for the plaintiff, the defendant shall pay all
	1412	+	22 court costs and reasonable attorney's fees as approved by the court.
	1413	+	23 (f) (g) The provisions of this chapter that apply to territory
	1414	+	24 disannexed by other procedures apply to territory disannexed under this
	1415	+	25 section.
	1416	+	26 SECTION 25. IC 36-4-3-22, AS AMENDED BY P.L.38-2021,
	1417	+	27 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1418	+	28 UPON PASSAGE]: Sec. 22. (a) The clerk of the municipality shall file:
	1419	+	29 (1) each annexation ordinance:
	1420	+	30 (A) against which:
	1421	+	31 (A) (i) a remonstrance (in the case of an annexation for
	1422	+	32 which an annexation ordinance is adopted before May
	1423	+	33 15, 2025); or
	1424	+	34 (ii) an appeal;
	1425	+	35 has not been filed during the period permitted under this
	1426	+	36 chapter; or
	1427	+	37 (B) against which a remonstrance was filed without a
	1428	+	38 sufficient number of signatures to meet the requirements of
	1429	+	39 section 11.3(c) of this chapter, in the case of an annexation for
	1430	+	40 which an annexation ordinance was adopted after June 30,
	1431	+	41 2015, and before May 15, 2025; or
	1432	+	42 (2) the certified copy of a final and unappealable judgment
	1433	+	2025 IN 1362—LS 7347/DI 116 34
	1434	+	1 ordering an annexation to take place;
	1435	+	2 with the county auditor, circuit court clerk, and board of registration (if
	1436	+	3 a board of registration exists) of each county in which the annexed
	1437	+	4 territory is located, the office of the secretary of state, and the office of
	1438	+	5 census data established by IC 2-5-1.1-12.2. The clerk of the
	1439	+	6 municipality shall record each annexation ordinance adopted under this
	1440	+	7 chapter in the office of the county recorder of each county in which the
	1441	+	8 annexed territory is located.
	1442	+	9 (b) The ordinance or judgment must be filed and recorded no later
	1443	+	10 than ninety (90) days after:
	1444	+	11 (1) the expiration of the period permitted for:
	1445	+	12 (A) a remonstrance (in the case of an annexation for which
	1446	+	13 an annexation ordinance is adopted before May 15, 2025);
	1447	+	14 or
	1448	+	15 (B) an appeal under section 15.5 of this chapter;
	1449	+	16 (2) the delivery of a certified order under section 15 of this
	1450	+	17 chapter; or
	1451	+	18 (3) the date the county auditor files the written certification with
	1452	+	19 the legislative body under section 11.2 of this chapter, in the case
	1453	+	20 of an annexation:
	1454	+	21 (A) described in subsection (a)(1)(B); and
	1455	+	22 (B) for which an annexation ordinance is adopted before
	1456	+	23 May 15, 2025.
	1457	+	24 (c) Failure to record the annexation ordinance as provided in
	1458	+	25 subsection (a) does not invalidate the ordinance.
	1459	+	26 (d) The county auditor shall forward a copy of any annexation
	1460	+	27 ordinance filed under this section to the following:
	1461	+	28 (1) The county highway department of each county in which the
	1462	+	29 lots or lands affected are located.
	1463	+	30 (2) The county surveyor of each county in which the lots or lands
	1464	+	31 affected are located.
	1465	+	32 (3) Each plan commission, if any, that lost or gained jurisdiction
	1466	+	33 over the annexed territory.
	1467	+	34 (4) The sheriff of each county in which the lots or lands affected
	1468	+	35 are located.
	1469	+	36 (5) The township trustee of each township that lost or gained
	1470	+	37 jurisdiction over the annexed territory.
	1471	+	38 (6) The office of the secretary of state.
	1472	+	39 (7) The office of census data established by IC 2-5-1.1-12.2.
	1473	+	40 (8) The department of local government finance, not later than
	1474	+	41 August 1, in the manner described by the department.
	1475	+	42 (e) The county auditor may require the clerk of the municipality to
	1476	+	2025 IN 1362—LS 7347/DI 116 35
	1477	+	1 furnish an adequate number of copies of the annexation ordinance or
	1478	+	2 may charge the clerk a fee for photoreproduction of the ordinance. The
	1479	+	3 county auditor shall notify the office of the secretary of state and the
	1480	+	4 office of census data established by IC 2-5-1.1-12.2 of the date that the
	1481	+	5 annexation ordinance is effective under this chapter.
	1482	+	6 (f) The county auditor or county surveyor shall, upon determining
	1483	+	7 that an annexation ordinance has become effective under this chapter,
	1484	+	8 indicate the annexation upon the property taxation records maintained
	1485	+	9 in the office of the auditor or the office of the county surveyor.
	1486	+	10 SECTION 26. IC 36-4-7-7, AS AMENDED BY P.L.104-2022,
	1487	+	11 SECTION 162, IS AMENDED TO READ AS FOLLOWS
	1488	+	12 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The fiscal officer shall
	1489	+	13 present the report of budget estimates to the city legislative body under
	1490	+	14 IC 6-1.1-17. After reviewing the report, the legislative body shall
	1491	+	15 prepare an ordinance fixing the rate of taxation for the ensuing budget
	1492	+	16 year and an ordinance making appropriations for the estimated
	1493	+	17 department budgets and other city purposes during the ensuing budget
	1494	+	18 year. The legislative body, in the appropriation ordinance, may reduce
	1495	+	19 any estimated item from the figure submitted in the report of the fiscal
	1496	+	20 officer, but it may increase an item only if the executive recommends
	1497	+	21 an increase. The legislative body shall promptly act on the
	1498	+	22 appropriation ordinance.
	1499	+	23 (b) In preparing the ordinances described in subsection (a) the
	1500	+	24 legislative body shall make an allowance for the cost of fire protection
	1501	+	25 to annexed territory described in IC 36-4-3-7(c), IC 36-4-3-7(e), for the
	1502	+	26 year fire protection is first offered to that territory.
	1503	+	27 SECTION 27. IC 36-9-22-2, AS AMENDED BY P.L.156-2020,
	1504	+	28 SECTION 148, IS AMENDED TO READ AS FOLLOWS
	1505	+	29 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The power of the
	1506	+	30 municipal works board to fix the terms of a contract under this section
	1507	+	31 applies to contracts for the installation of sewage works that have not
	1508	+	32 been finally approved or accepted for full maintenance and operation
	1509	+	33 by the municipality on July 1, 1979.
	1510	+	34 (b) The works board of a municipality may contract with owners of
	1511	+	35 real property for the construction of sewage works within the
	1512	+	36 municipality or within four (4) miles outside its corporate boundaries
	1513	+	37 in order to provide service for the area in which the real property of the
	1514	+	38 owners is located. The contract must provide, for a period of not to
	1515	+	39 exceed fifteen (15) years, for the payment to the owners and their
	1516	+	40 assigns by any owner of real property who:
	1517	+	41 (1) did not contribute to the original cost of the sewage works;
	1518	+	42 and
	1519	+	2025 IN 1362—LS 7347/DI 116 36
	1520	+	1 (2) subsequently taps into, uses, or deposits sewage or storm
	1521	+	2 waters in the sewage works or any lateral sewers connected to
	1522	+	3 them;
	1523	+	4 of a fair pro rata share of the cost of the construction of the sewage
	1524	+	5 works, subject to the rules of the board and notwithstanding any other
	1525	+	6 law relating to the functions of local governmental entities. However,
	1526	+	7 the contract does not apply to any owner of real property who is not a
	1527	+	8 party to the contract unless the contract or (after June 30, 2013) a
	1528	+	9 signed memorandum of the contract has been recorded in the office of
	1529	+	10 the recorder of the county in which the real property of the owner is
	1530	+	11 located before the owner taps into or connects to the sewers and
	1531	+	12 facilities. The board may provide that the fair pro rata share of the cost
	1532	+	13 of construction includes interest at a rate not exceeding the amount of
	1533	+	14 interest allowed on judgments, and the interest shall be computed from
	1534	+	15 the date the sewage works are approved until the date payment is made
	1535	+	16 to the municipality.
	1536	+	17 (c) The contract must include, as part of the consideration running
	1537	+	18 to the municipality, the release of the right of:
	1538	+	19 (1) the parties to the contract; and
	1539	+	20 (2) the successors in title of the parties to the contract;
	1540	+	21 to remonstrate against pending or future annexations by the
	1541	+	22 municipality of the area served by the sewage works. Any person
	1542	+	23 tapping into or connecting to the sewage works contracted for is
	1543	+	24 considered to waive the person's rights to remonstrate against the
	1544	+	25 annexation of the area served by the sewage works.
	1545	+	26 (d) Notwithstanding subsection (c), the works board of a
	1546	+	27 municipality may waive the provisions of subsection (c) in the contract
	1547	+	28 if:
	1548	+	29 (1) the works board considers a waiver of subsection (c) to be in
	1549	+	30 the best interests of the municipality; or
	1550	+	31 (2) the contract involves connection to the sewage works under
	1551	+	32 IC 36-9-22.5.
	1552	+	33 (e) This subsection does not affect any rights or liabilities accrued,
	1553	+	34 or proceedings begun before July 1, 2013. Those rights, liabilities, and
	1554	+	35 proceedings continue and shall be imposed and enforced under prior
	1555	+	36 law as if this subsection had not been enacted. For contracts executed
	1556	+	37 after June 30, 2013, if the release of the right to remonstrate is not void
	1557	+	38 under subsection (i), (j), or (k), or (l), the release is binding on a
	1558	+	39 successor in title to a party to the contract only if the successor in title:
	1559	+	40 (1) has actual notice of the release; or
	1560	+	41 (2) has constructive notice of the release because the contract, or
	1561	+	42 a signed memorandum of the contract stating the release, has been
	1562	+	2025 IN 1362—LS 7347/DI 116 37
	1563	+	1 recorded in the chain of title of the property.
	1564	+	2 (f) Subsection (c) does not apply to a landowner if all of the
	1565	+	3 following conditions apply:
	1566	+	4 (1) The landowner is required to connect to the sewage works
	1567	+	5 because a person other than the landowner has polluted or
	1568	+	6 contaminated the area.
	1569	+	7 (2) The costs of extension of or connection to the sewage works
	1570	+	8 are paid by a person other than the landowner or the municipality.
	1571	+	9 (g) Subsection (c) does not apply to a landowner who taps into,
	1572	+	10 connects to, or is required to tap into or connect to the sewage works
	1573	+	11 of a municipality only because the municipality provides wholesale
	1574	+	12 sewage service (as defined in IC 8-1-2-61.7) to another municipality
	1575	+	13 that provides sewage service to the landowner.
	1576	+	14 (h) This subsection applies to any deed recorded after June 30,
	1577	+	15 2015. This subsection applies only to property that is subject to a
	1578	+	16 remonstrance waiver. A municipality shall provide written notice to
	1579	+	17 any successor in title to property within a reasonable time after the
	1580	+	18 deed is recorded, that a waiver of the right of remonstrance exists with
	1581	+	19 respect to the property.
	1582	+	20 (i) A remonstrance waiver executed on or before July 1, 2003, is
	1583	+	21 void. This subsection does not invalidate an annexation that was
	1584	+	22 effective on or before July 1, 2019.
	1585	+	23 (j) A remonstrance waiver executed after June 30, 2003, and not
	1586	+	24 later than June 30, 2019, is subject to the following:
	1587	+	25 (1) The waiver is void unless the waiver was recorded:
	1588	+	26 (A) before January 1, 2020; and
	1589	+	27 (B) with the county recorder of the county where the property
	1590	+	28 subject to the waiver is located.
	1591	+	29 (2) A waiver that is not void under subdivision (1) or subsection
	1592	+	30 (l) expires not later than fifteen (15) years after the date the
	1593	+	31 waiver is executed.
	1594	+	32 This subsection does not invalidate an annexation that was effective on
	1595	+	33 or before July 1, 2019.
	1596	+	34 (k) A remonstrance waiver executed after June 30, 2019, is subject
	1597	+	35 to the following: (1) The waiver is void unless the waiver is must be
	1598	+	36 recorded (A) not later than thirty (30) business days after the date the
	1599	+	37 waiver was executed and (B) with the county recorder of the county
	1600	+	38 where the property subject to the waiver is located. (2) A waiver that
	1601	+	39 is not void under subdivision (1) expires not later than fifteen (15)
	1602	+	40 years after the date the waiver is executed. This subsection does not
	1603	+	41 invalidate an annexation that was effective on or before July 1, 2019.
	1604	+	42 (l) Notwithstanding any other law, a remonstrance waiver is
	1605	+	2025 IN 1362—LS 7347/DI 116 38
	1606	+	1 effective and binding on a landowner or a successor in title to a
	1607	+	2 party to the contract only with regard to an annexation for which
	1608	+	3 the annexation ordinance was adopted before May 15, 2025.
	1609	+	4 SECTION 28. IC 36-9-25-14, AS AMENDED BY P.L.156-2020,
	1610	+	5 SECTION 149, IS AMENDED TO READ AS FOLLOWS
	1611	+	6 [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As to each municipality
	1612	+	7 to which this chapter applies:
	1613	+	8 (1) all the territory included within the corporate boundaries of
	1614	+	9 the municipality; and
	1615	+	10 (2) any territory, town, addition, platted subdivision, or unplatted
	1616	+	11 land lying outside the corporate boundaries of the municipality
	1617	+	12 that has been taken into the district in accordance with a prior
	1618	+	13 statute, the sewage or drainage of which discharges into or
	1619	+	14 through the sewage system of the municipality;
	1620	+	15 constitutes a special taxing district for the purpose of providing for the
	1621	+	16 sanitary disposal of the sewage of the district in a manner that protects
	1622	+	17 the public health and prevents the undue pollution of watercourses of
	1623	+	18 the district.
	1624	+	19 (b) Upon request by:
	1625	+	20 (1) a resolution adopted by the legislative body of another
	1626	+	21 municipality in the same county; or
	1627	+	22 (2) a petition of the majority of the resident freeholders in a
	1628	+	23 platted subdivision or of the owners of unplatted land outside the
	1629	+	24 boundaries of a municipality, if the platted subdivision or
	1630	+	25 unplatted land is in the same county;
	1631	+	26 the board may adopt a resolution incorporating all or any part of the
	1632	+	27 area of the municipality, platted subdivision, or unplatted land into the
	1633	+	28 district.
	1634	+	29 (c) A request under subsection (b) must be signed and certified as
	1635	+	30 correct by the secretary of the legislative body, resident freeholders, or
	1636	+	31 landowners. The original shall be preserved in the records of the board.
	1637	+	32 The resolution of the board incorporating an area in the district must be
	1638	+	33 in writing and must contain an accurate description of the area
	1639	+	34 incorporated into the district. A certified copy of the resolution, signed
	1640	+	35 by the president and secretary of the board, together with a map
	1641	+	36 showing the boundaries of the district and the location of additional
	1642	+	37 areas, shall be delivered to the auditor of the county within which the
	1643	+	38 district is located. It shall be properly indexed and kept in the
	1644	+	39 permanent records of the offices of the auditor.
	1645	+	40 (d) In addition, upon request by ten (10) or more interested resident
	1646	+	41 freeholders in a platted or unplatted territory, the board may define the
	1647	+	42 limits of an area within the county and including the property of the
	1648	+	2025 IN 1362—LS 7347/DI 116 39
	1649	+	1 freeholders that is to be considered for inclusion into the district.
	1650	+	2 Notice of the defining of the area by the board, and notice of the
	1651	+	3 location and limits of the area, shall be given by publication in
	1652	+	4 accordance with IC 5-3-1. Upon request by a majority of the resident
	1653	+	5 freeholders of the area, the area may be incorporated into the district in
	1654	+	6 the manner provided in this section. The resolution of the board
	1655	+	7 incorporating the area into the district and a map of the area shall be
	1656	+	8 made and filed in the same manner.
	1657	+	9 (e) In addition, a person owning or occupying real property outside
	1658	+	10 the district may enter into a sewer service agreement with the board for
	1659	+	11 connection to the sewage works of the district. If the agreement
	1660	+	12 provides for connection at a later time, the date or the event upon
	1661	+	13 which the service commences shall be stated in the agreement. The
	1662	+	14 agreement may impose any conditions for connection that the board
	1663	+	15 determines. The agreement must also provide the amount of service
	1664	+	16 charge to be charged for connection if the persons are not covered
	1665	+	17 under section 11 of this chapter, with the amount to be fixed by the
	1666	+	18 board in its discretion and without a hearing.
	1667	+	19 (f) All sewer service agreements made under subsection (e) or (after
	1668	+	20 June 30, 2013) a signed memorandum of the sewer service agreement
	1669	+	21 shall be recorded in the office of the recorder of the county where the
	1670	+	22 property is located. The agreements run with the property described
	1671	+	23 and are binding upon the persons owning or occupying the property,
	1672	+	24 their personal representatives, heirs, devisees, grantees, successors, and
	1673	+	25 assigns. Each agreement that is recorded, or each agreement of which
	1674	+	26 a signed memorandum is recorded, and that provides for the property
	1675	+	27 being served to be placed on the tax rolls shall be certified by the board
	1676	+	28 to the auditor of the county where the property is located. The
	1677	+	29 certification must state the date the property is to be placed on the tax
	1678	+	30 rolls, and upon receipt of the certification together with a copy of the
	1679	+	31 agreement, the auditor shall immediately place the property certified
	1680	+	32 upon the rolls of property subject to the levy and collection of taxes for
	1681	+	33 the district. An agreement may provide for the collection of a service
	1682	+	34 charge for the period services are rendered before the levy and
	1683	+	35 collection of the tax.
	1684	+	36 (g) Except as provided in subsections (j) and (l), sewer service
	1685	+	37 agreements made under subsection (e) must contain a waiver provision
	1686	+	38 that persons (other than municipalities) who own or occupy property
	1687	+	39 agree for themselves, their executors, administrators, heirs, devisees,
	1688	+	40 grantees, successors, and assigns that they will:
	1689	+	41 (1) neither object to nor file a remonstrance against the proposed
	1690	+	42 annexation of the property by a municipality within the
	1691	+	2025 IN 1362—LS 7347/DI 116 40
	1692	+	1 boundaries of the district;
	1693	+	2 (2) not appeal from an order or a judgment annexing the property
	1694	+	3 to a municipality; and
	1695	+	4 (3) not file a complaint or an action against annexation
	1696	+	5 proceedings.
	1697	+	6 (h) This subsection does not affect any rights or liabilities accrued
	1698	+	7 or proceedings begun before July 1, 2013. Those rights, liabilities, and
	1699	+	8 proceedings continue and shall be imposed and enforced under prior
	1700	+	9 law as if this subsection had not been enacted. For contracts executed
	1701	+	10 after June 30, 2013, a waiver of the right to remonstrate under
	1702	+	11 subsection (g) that is not void under subsection (m), (n), or (o), or (p)
	1703	+	12 is binding as to an executor, administrator, heir, devisee, grantee,
	1704	+	13 successor, or assign of a party to a sewer service agreement under
	1705	+	14 subsection (g) only if the executor, administrator, heir, devisee,
	1706	+	15 grantee, successor, or assign:
	1707	+	16 (1) has actual notice of the waiver; or
	1708	+	17 (2) has constructive notice of the waiver because the sewer
	1709	+	18 service agreement or a signed memorandum of the sewer service
	1710	+	19 agreement stating the waiver has been recorded in the chain of
	1711	+	20 title of the property.
	1712	+	21 (i) This section does not affect any sewer service agreements
	1713	+	22 entered into before March 13, 1953. However, this section applies to
	1714	+	23 a remonstrance waiver regardless of when the waiver was executed.
	1715	+	24 (j) Subsection (g) does not apply to a landowner if all of the
	1716	+	25 following conditions apply:
	1717	+	26 (1) The landowner is required to connect to a sewer service
	1718	+	27 because a person other than the landowner has polluted or
	1719	+	28 contaminated the area.
	1720	+	29 (2) The costs of extension of service or connection to the sewer
	1721	+	30 service are paid by a person other than the landowner or the
	1722	+	31 municipality.
	1723	+	32 (k) This subsection applies to any deed recorded after June 30,
	1724	+	33 2015. This subsection applies only to property that is subject to a
	1725	+	34 remonstrance waiver. A municipality shall provide written notice to
	1726	+	35 any successor in title to property within a reasonable time after the
	1727	+	36 deed is recorded, that a waiver of the right of remonstrance has been
	1728	+	37 granted with respect to the property.
	1729	+	38 (l) The board may waive the waiver provision described in
	1730	+	39 subsection (g) in a sewer service agreement made under subsection (e)
	1731	+	40 if the sewer service agreement involves a connection to the district's
	1732	+	41 sewage works under IC 36-9-22.5.
	1733	+	42 (m) A remonstrance waiver executed before July 1, 2003, is void.
	1734	+	2025 IN 1362—LS 7347/DI 116 41
	1735	+	1 This subsection does not invalidate an annexation that was effective on
	1736	+	2 or before July 1, 2019.
	1737	+	3 (n) A remonstrance waiver executed after June 30, 2003, and before
	1738	+	4 July 1, 2019, is subject to the following:
	1739	+	5 (1) The waiver is void unless the waiver was recorded:
	1740	+	6 (A) before January 1, 2020; and
	1741	+	7 (B) with the county recorder of the county where the property
	1742	+	8 subject to the waiver is located.
	1743	+	9 (2) A waiver that is not void under subdivision (1) or subsection
	1744	+	10 (p) expires not later than fifteen (15) years after the date the
	1745	+	11 waiver is executed.
	1746	+	12 This subsection does not invalidate an annexation that was effective on
	1747	+	13 or before July 1, 2019.
	1748	+	14 (o) A remonstrance waiver executed after June 30, 2019, is subject
	1749	+	15 to the following: (1) The waiver is void unless the waiver is must be
	1750	+	16 recorded (A) not later than thirty (30) business days after the date the
	1751	+	17 waiver was executed and (B) with the county recorder of the county
	1752	+	18 where the property subject to the waiver is located. (2) A waiver that
	1753	+	19 is not void under subdivision (1) expires not later than fifteen (15)
	1754	+	20 years after the date the waiver is executed. This subsection does not
	1755	+	21 invalidate an annexation that was effective on or before July 1, 2019.
	1756	+	22 (p) Notwithstanding any other law, a remonstrance waiver is
	1757	+	23 effective and binding on a landowner or a successor in title to a
	1758	+	24 party to the contract only with regard to an annexation for which
	1759	+	25 the annexation ordinance was adopted before May 15, 2025.
	1760	+	26 SECTION 29. An emergency is declared for this act.
	1761	+	2025 IN 1362—LS 7347/DI 116