*HB1473.1*
February 4, 2025
HOUSE BILL No. 1473
_____
DIGEST OF HB 1473 (Updated February 4, 2025 11:00 am - DI 116)
Citations Affected: IC 36-4.
Synopsis: Pocket annexations. Allows a municipality to annex
unincorporated property that becomes completely surrounded by the
municipality after June 30, 2025. Requires the municipality to: (1)
adopt an annexation fiscal plan; (2) provide notice to landowners in the
territory; and (3) hold a public hearing. Provides that the following
apply in a pocket annexation: (1) The annexation territory may be
divided by railroad tracks. (2) The annexation territory satisfies the
contiguity requirements, if the territory on at least one side of the
railroad tracks is contiguous to the municipality.
Effective: July 1, 2025.
Steuerwald
January 21, 2025, read first time and referred to Committee on Local Government.
February 4, 2025, amended, reported — Do Pass.
HB 1473—LS 7649/DI 87 February 4, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1473
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 36-4-3-1.7, AS AMENDED BY P.L.70-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1.7. (a) This section applies only to an annexation
4 ordinance adopted after June 30, 2015. This section does not apply to
5 an annexation under section 3.7 or 5.1 of this chapter.
6 (b) Not earlier than six (6) months before a municipality introduces
7 an annexation ordinance, the municipality shall conduct an outreach
8 program to inform citizens regarding the proposed annexation. For an
9 annexation under section 3 or 4 of this chapter, the outreach program
10 must conduct at least six (6) public information meetings regarding the
11 proposed annexation. For an annexation under section 5 or 5.2 of this
12 chapter, the outreach program must conduct at least three (3) public
13 information meetings regarding the proposed annexation. The public
14 information meetings must provide citizens with the following
15 information:
16 (1) Maps showing the proposed boundaries of the annexation
17 territory.
HB 1473—LS 7649/DI 87 2
1 (2) Proposed plans for extension of capital and noncapital
2 services in the annexation territory, including proposed dates of
3 extension. In the case of an annexation under section 5.2 of this
4 chapter, a copy of the preliminary written fiscal plan.
5 (3) Expected fiscal impact on taxpayers in the annexation
6 territory, including any increase in taxes and fees.
7 (c) The municipality shall provide notice of the dates, times, and
8 locations of the outreach program meetings. The municipality shall
9 publish the notice of the meetings under IC 5-3-1, including the date,
10 time, and location of the meetings, except that notice must be published
11 not later than thirty (30) days before the date of each meeting. The
12 municipality shall also send notice to each owner of land within the
13 annexation territory not later than thirty (30) days before the date of the
14 first meeting of the outreach program. The notice to landowners shall
15 be sent by first class mail, certified mail with return receipt requested,
16 or any other means of delivery that includes a return receipt and must
17 include the following information:
18 (1) The notice must inform the landowner that the municipality is
19 proposing to annex territory that includes the landowner's
20 property.
21 (2) The municipality is conducting an outreach program for the
22 purpose of providing information to landowners and the public
23 regarding the proposed annexation.
24 (3) The date, time, and location of the meetings to be conducted
25 under the outreach program.
26 (d) The notice shall be sent to the address of the landowner as listed
27 on the tax duplicate. If the municipality provides evidence that the
28 notice was sent:
29 (1) by certified mail, with return receipt requested or any other
30 means of delivery that includes a return receipt; and
31 (2) in accordance with this section;
32 it is not necessary that the landowner accept receipt of the notice. If a
33 remonstrance is filed under section 11 of this chapter, the municipality
34 shall file with the court proof that notices were sent to landowners
35 under this section and proof of publication.
36 (e) The notice required under this section is in addition to any notice
37 required under sections 2.1 and 2.2 of this chapter.
38 SECTION 2. IC 36-4-3-2.2, AS AMENDED BY P.L.70-2022,
39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 2.2. (a) This section does not apply to an
41 annexation under section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter
42 or an annexation described in section 5.1 of this chapter.
HB 1473—LS 7649/DI 87 3
1 (b) Before a municipality may annex territory, the municipality shall
2 provide written notice of the hearing required under section 2.1 of this
3 chapter. Except as provided in subsections (f) and (g), the notice must
4 be sent by:
5 (1) certified mail, return receipt requested; or
6 (2) any other means of delivery that includes a return receipt;
7 at least sixty (60) days before the date of the hearing to each owner of
8 real property, as shown on the county auditor's current tax list, whose
9 real property is located within the territory proposed to be annexed.
10 (c) For purposes of an annexation of territory described in section
11 2.5 of this chapter, if the hearing required under section 2.1 of this
12 chapter is conducted after June 30, 2010, the notice required by this
13 section must also be sent to each owner of real property, as shown on
14 the county auditor's current tax list, whose real property is adjacent to
15 contiguous areas of rights-of-way of the public highway that are only
16 included in the annexation of territory by operation of section 2.5 of
17 this chapter on the side of the public highway that is not part of the
18 annexed territory.
19 (d) The notice required by this section must include the following:
20 (1) A legal description of the real property proposed to be
21 annexed.
22 (2) The date, time, location, and subject of the hearing.
23 (3) A map showing the current municipal boundaries and the
24 proposed municipal boundaries.
25 (4) Current zoning classifications for the area proposed to be
26 annexed and any proposed zoning changes for the area proposed
27 to be annexed.
28 (5) A detailed summary of the fiscal plan, described in section 13
29 of this chapter, if applicable.
30 (6) The location where the public may inspect and copy the fiscal
31 plan, if applicable.
32 (7) A statement that the municipality will provide a copy of the
33 fiscal plan, if applicable, after the fiscal plan is adopted
34 immediately to any landowner in the annexed territory who
35 requests a copy.
36 (8) The name and telephone number of a representative of the
37 municipality who may be contacted for further information.
38 (e) If the municipality complies with this section, the notice is not
39 invalidated if the owner does not receive the notice.
40 (f) This subsection applies to an annexation under section 3 or 4 of
41 this chapter in which all property owners within the area to be annexed
42 provide written consent to the annexation. The written notice described
HB 1473—LS 7649/DI 87 4
1 in this section must be sent by:
2 (1) certified mail, return receipt requested; or
3 (2) any other means of delivery that includes a return receipt;
4 not later than twenty (20) days before the date of the hearing to each
5 owner of real property, as shown on the county auditor's current tax list,
6 whose real property is located within the territory proposed to be
7 annexed.
8 (g) This subsection applies to an annexation under section 3.7 or 5.2
9 of this chapter. The written notice described in this section must be sent
10 by:
11 (1) certified mail, return receipt requested; or
12 (2) any other means of delivery that includes a return receipt;
13 not later than thirty (30) days before the date of the hearing to each
14 owner of real property, as shown on the county auditor's current tax list,
15 whose real property is located within the territory proposed to be
16 annexed.
17 SECTION 3. IC 36-4-3-3.1, AS AMENDED BY P.L.70-2022,
18 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 3.1. (a) This section does not apply to an
20 annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this
21 chapter.
22 (b) A municipality shall develop and adopt a written fiscal plan and
23 establish a definite policy by resolution of the legislative body that
24 meets the requirements set forth in section 13 of this chapter.
25 (c) Except as provided in subsection (d) and section 5.2 of this
26 chapter, the municipality shall establish and adopt the written fiscal
27 plan before mailing the notification to landowners in the territory
28 proposed to be annexed under section 2.2 of this chapter.
29 (d) In an annexation under section 3.7, 5, or 5.1 of this chapter, the
30 municipality shall establish and adopt the written fiscal plan before
31 adopting the annexation ordinance.
32 SECTION 4. IC 36-4-3-3.7 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2025]: Sec. 3.7. (a) This section applies to an annexation, if the
35 annexation territory becomes surrounded on all sides by the
36 municipality after June 30, 2025.
37 (b) A municipality may annex territory by adopting an
38 annexation ordinance under section 3 or 4 of this chapter after
39 complying with sections 2.1 and 2.2 of this chapter.
40 (c) Notwithstanding any other provision of this chapter, if a
41 proposed annexation territory consists of:
42 (1) land that:
HB 1473—LS 7649/DI 87 5
1 (A) is contiguous to the municipality under section 1.5 of
2 this chapter; and
3 (B) abuts, at least in part, one (1) side of railroad tracks
4 and the railroad right-of-way; and
5 (2) land:
6 (A) that is not contiguous to the municipality under section
7 1.5 of this chapter; and
8 (B) that:
9 (i) is separated from the land under subdivision (1) by;
10 and
11 (ii) abuts, at least in part, the opposite side of;
12 the railroad tracks and railroad right-of-way described in
13 subdivision (1)(B);
14 the proposed annexation territory satisfies the contiguity
15 requirements under section 1.5 of this chapter. The annexing
16 municipality is not required to obtain the consent of any person
17 owning, leasing, operating, or using the railroad tracks or railroad
18 right-of-way to annex the proposed territory.
19 SECTION 5. IC 36-4-3-7, AS AMENDED BY THE TECHNICAL
20 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
21 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
22 Sec. 7. (a) After an ordinance is adopted under section 3, 3.7, 4, 5, 5.1,
23 or 5.2 of this chapter, it must be published in the manner prescribed by
24 IC 5-3-1. Except as provided in subsection (b), (c), or (e), in the
25 absence of remonstrance and appeal under section 11 or 15.5 of this
26 chapter, the ordinance takes effect at least ninety (90) days after its
27 publication and upon the filing required by section 22(a) of this
28 chapter.
29 (b) For the purposes of this section, territory that has been:
30 (1) added to an existing fire protection district under
31 IC 36-8-11-11; or
32 (2) approved by ordinance of the county legislative body to be
33 added to an existing fire protection district under IC 36-8-11-11,
34 notwithstanding that the territory's addition to the fire protection
35 district has not yet taken effect;
36 shall be considered a part of the fire protection district as of the date
37 that the fire protection district was originally established.
38 (c) This subsection applies only to a fire protection district
39 established after July 1, 1987. This subsection does not apply to an
40 annexation under subsection (g). (f). Whenever a municipality annexes
41 territory, all or part of which lies within a fire protection district
42 (IC 36-8-11), the annexation ordinance (in the absence of remonstrance
HB 1473—LS 7649/DI 87 6
1 and appeal under section 11 or 15.5 of this chapter) takes effect the
2 second January 1 that follows the date the ordinance is adopted and
3 upon the filing required by section 22(a) of this chapter. The
4 municipality shall:
5 (1) provide fire protection to that territory beginning the date the
6 ordinance is effective; and
7 (2) send written notice to the fire protection district of the date the
8 municipality will begin to provide fire protection to the annexed
9 territory within ten (10) days of the date the ordinance is adopted.
10 (d) This subsection applies only to a fire protection district
11 established after July 1, 1987. This subsection does not apply to an
12 annexation under subsection (g). (f). If the fire protection district from
13 which a municipality annexes territory is indebted or has outstanding
14 unpaid bonds or other obligations at the time the annexation is
15 effective, the municipality is liable for and shall pay that indebtedness
16 in the same ratio as the assessed valuation of the property in the
17 annexed territory (that is part of the fire protection district) bears to the
18 assessed valuation of all property in the fire protection district, as
19 shown by the most recent assessment for taxation before the
20 annexation, unless the assessed property within the municipality is
21 already liable for the indebtedness. The annexing municipality shall
22 pay its indebtedness under this section to the board of fire trustees. If
23 the indebtedness consists of outstanding unpaid bonds or notes of the
24 fire protection district, the payments to the board of fire trustees shall
25 be made as the principal or interest on the bonds or notes becomes due.
26 (e) This subsection applies to an annexation initiated by property
27 owners under section 5.1 of this chapter in which all property owners
28 within the area to be annexed petition the municipality to be annexed.
29 Subject to subsection (c), and in the absence of an appeal under section
30 15.5 of this chapter, an annexation ordinance takes effect at least thirty
31 (30) days after its publication and upon the filing required by section
32 22(a) of this chapter.
33 (f) Whenever a municipality annexes territory that lies within a fire
34 protection district that has a total net assessed value (as determined by
35 the county auditor) of more than one billion dollars ($1,000,000,000)
36 on the date the annexation ordinance is adopted:
37 (1) the annexed area shall remain a part of the fire protection
38 district after the annexation takes effect; and
39 (2) the fire protection district shall continue to provide fire
40 protection services to the annexed area.
41 The municipality shall not tax the annexed territory for fire protection
42 services. The annexing municipality shall establish a special fire fund
HB 1473—LS 7649/DI 87 7
1 for all fire protection services that are provided by the municipality
2 within the area of the municipality that is not within the fire protection
3 district, and which shall not be assessed to the annexed special taxing
4 district. The annexed territory that lies within the fire protection district
5 shall continue to be part of the fire protection district special taxing
6 district.
7 SECTION 6. IC 36-4-3-8 IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) This section does not apply
9 to an ordinance adopted under section 3.7, 5, or 5.1 of this chapter.
10 (b) An ordinance adopted under section 3 or 4 of this chapter must
11 include terms and conditions fairly calculated to make the annexation
12 equitable to the property owners and residents of the municipality and
13 the annexed territory. The terms and conditions may include:
14 (1) postponing the effective date of the annexation for not more
15 than three (3) years; and
16 (2) establishing equitable provisions for the future management
17 and improvement of the annexed territory and for the rendering of
18 needed services.
19 (c) This subsection applies to territory sought to be annexed that
20 meets all of the following requirements:
21 (1) The resident population density of the territory is at least three
22 (3) persons per acre.
23 (2) The territory is subdivided or is parceled through separate
24 ownerships into lots or parcels such that at least sixty percent
25 (60%) of the total number of lots and parcels are not more than
26 one (1) acre.
27 This subsection does not apply to an ordinance annexing territory
28 described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The
29 ordinance must include terms and conditions impounding in a special
30 fund all of the municipal property taxes imposed on the annexed
31 territory after the annexation takes effect that are not used to meet the
32 basic services described in section 13(d)(4) and 13(d)(5) of this chapter
33 for a period of at least three (3) years. The impounded property taxes
34 must be used to provide additional services that were not specified in
35 the plan of annexation. The impounded property taxes in the fund shall
36 be expended as set forth in this section, not later than five (5) years
37 after the annexation becomes effective.
38 SECTION 7. IC 36-4-3-13, AS AMENDED BY P.L.70-2022,
39 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 13. (a) Except as provided in subsection (e), at the
41 hearing under section 12 of this chapter, the court shall order a
42 proposed annexation to take place if the following requirements are
HB 1473—LS 7649/DI 87 8
1 met:
2 (1) The requirements of either subsection (b) or (c).
3 (2) The requirements of subsection (d).
4 (3) The requirements of subsection (i).
5 (b) The requirements of this subsection are met if the evidence
6 establishes the following:
7 (1) That the territory sought to be annexed is contiguous to the
8 municipality.
9 (2) One (1) of the following:
10 (A) The resident population density of the territory sought to
11 be annexed is at least three (3) persons per acre.
12 (B) Sixty percent (60%) of the territory is subdivided.
13 (C) The territory is zoned for commercial, business, or
14 industrial uses.
15 (c) The requirements of this subsection are met if the evidence
16 establishes one (1) of the following:
17 (1) That the territory sought to be annexed is:
18 (A) contiguous to the municipality as required by section 1.5
19 of this chapter, except that at least one-fourth (1/4), instead of
20 one-eighth (1/8), of the aggregate external boundaries of the
21 territory sought to be annexed must coincide with the
22 boundaries of the municipality; and
23 (B) needed and can be used by the municipality for its
24 development in the reasonably near future.
25 (2) This subdivision applies only to an annexation for which an
26 annexation ordinance is adopted after December 31, 2016. That
27 the territory sought to be annexed involves an economic
28 development project and the requirements of section 11.4 of this
29 chapter are met.
30 (3) The territory is described in section 5.2 of this chapter.
31 (d) The requirements of this subsection are met if the evidence
32 establishes that the municipality has developed and adopted a written
33 fiscal plan and has established a definite policy, by resolution of the
34 legislative body as set forth in section 3.1 of this chapter. The fiscal
35 plan must show the following:
36 (1) The cost estimates of planned services to be furnished to the
37 territory to be annexed. The plan must present itemized estimated
38 costs for each municipal department or agency.
39 (2) The method or methods of financing the planned services. The
40 plan must explain how specific and detailed expenses will be
41 funded and must indicate the taxes, grants, and other funding to
42 be used.
HB 1473—LS 7649/DI 87 9
1 (3) The plan for the organization and extension of services. The
2 plan must detail the specific services that will be provided and the
3 dates the services will begin.
4 (4) That planned services of a noncapital nature, including police
5 protection, fire protection, street and road maintenance, and other
6 noncapital services normally provided within the corporate
7 boundaries, will be provided to the annexed territory within one
8 (1) year after the effective date of annexation and that they will be
9 provided in a manner equivalent in standard and scope to those
10 noncapital services provided to areas within the corporate
11 boundaries regardless of similar topography, patterns of land use,
12 and population density.
13 (5) That services of a capital improvement nature, including street
14 construction, street lighting, sewer facilities, water facilities, and
15 storm water drainage facilities, will be provided to the annexed
16 territory within three (3) years after the effective date of the
17 annexation in the same manner as those services are provided to
18 areas within the corporate boundaries, regardless of similar
19 topography, patterns of land use, and population density, and in
20 a manner consistent with federal, state, and local laws,
21 procedures, and planning criteria.
22 (6) This subdivision applies to a fiscal plan prepared after June
23 30, 2015. The estimated effect of the proposed annexation on
24 taxpayers in each of the political subdivisions to which the
25 proposed annexation applies, including the expected tax rates, tax
26 levies, expenditure levels, service levels, and annual debt service
27 payments in those political subdivisions for four (4) years after
28 the effective date of the annexation.
29 (7) This subdivision applies to a fiscal plan prepared after June
30 30, 2015. The estimated effect the proposed annexation will have
31 on municipal finances, specifically how municipal tax revenues
32 will be affected by the annexation for four (4) years after the
33 effective date of the annexation.
34 (8) This subdivision applies to a fiscal plan prepared after June
35 30, 2015. Any estimated effects on political subdivisions in the
36 county that are not part of the annexation and on taxpayers
37 located in those political subdivisions for four (4) years after the
38 effective date of the annexation.
39 (9) This subdivision applies to a fiscal plan prepared after June
40 30, 2015. A list of all parcels of property in the annexation
41 territory and the following information regarding each parcel:
42 (A) The name of the owner of the parcel.
HB 1473—LS 7649/DI 87 10
1 (B) The parcel identification number.
2 (C) The most recent assessed value of the parcel.
3 (D) The existence of a known waiver of the right to
4 remonstrate on the parcel. This clause applies only to a fiscal
5 plan prepared after June 30, 2016.
6 (e) At the hearing under section 12 of this chapter, the court shall do
7 the following:
8 (1) Consider evidence on the conditions listed in subdivision (2).
9 (2) Order a proposed annexation not to take place if the court
10 finds that all of the following conditions that are applicable to the
11 annexation exist in the territory proposed to be annexed:
12 (A) This clause applies only to an annexation for which an
13 annexation ordinance was adopted before July 1, 2015. The
14 following services are adequately furnished by a provider
15 other than the municipality seeking the annexation:
16 (i) Police and fire protection.
17 (ii) Street and road maintenance.
18 (B) The annexation will have a significant financial impact on
19 the residents or owners of land. The court may not consider:
20 (i) the personal finances; or
21 (ii) the business finances;
22 of a resident or owner of land. The personal and business
23 financial records of the residents or owners of land, including
24 state, federal, and local income tax returns, may not be subject
25 to a subpoena or discovery proceedings.
26 (C) The annexation is not in the best interests of the owners of
27 land in the territory proposed to be annexed as set forth in
28 subsection (f).
29 (D) This clause applies only to an annexation for which an
30 annexation ordinance is adopted before July 1, 2015. One (1)
31 of the following opposes the annexation:
32 (i) At least sixty-five percent (65%) of the owners of land in
33 the territory proposed to be annexed.
34 (ii) The owners of more than seventy-five percent (75%) in
35 assessed valuation of the land in the territory proposed to be
36 annexed.
37 Evidence of opposition may be expressed by any owner of land
38 in the territory proposed to be annexed.
39 (E) This clause applies only to an annexation for which an
40 annexation ordinance is adopted after June 30, 2015. One (1)
41 of the following opposes the annexation:
42 (i) At least fifty-one percent (51%) of the owners of land in
HB 1473—LS 7649/DI 87 11
1 the territory proposed to be annexed.
2 (ii) The owners of more than sixty percent (60%) in assessed
3 valuation of the land in the territory proposed to be annexed.
4 The remonstrance petitions filed with the court under section
5 11 of this chapter are evidence of the number of owners of
6 land that oppose the annexation, minus any written revocations
7 of remonstrances that are filed with the court under section 11
8 of this chapter.
9 (F) This clause applies only to an annexation for which an
10 annexation ordinance is adopted before July 1, 2015. This
11 clause applies only to an annexation in which eighty percent
12 (80%) of the boundary of the territory proposed to be annexed
13 is contiguous to the municipality and the territory consists of
14 not more than one hundred (100) parcels. At least seventy-five
15 percent (75%) of the owners of land in the territory proposed
16 to be annexed oppose the annexation as determined under
17 section 11(b) of this chapter.
18 (f) The municipality under subsection (e)(2)(C) bears the burden of
19 proving that the annexation is in the best interests of the owners of land
20 in the territory proposed to be annexed. In determining this issue, the
21 court may consider whether the municipality has extended sewer or
22 water services to the entire territory to be annexed:
23 (1) within the three (3) years preceding the date of the
24 introduction of the annexation ordinance; or
25 (2) under a contract in lieu of annexation entered into under
26 IC 36-4-3-21.
27 The court may not consider the provision of water services as a result
28 of an order by the Indiana utility regulatory commission to constitute
29 the provision of water services to the territory to be annexed.
30 (g) The most recent:
31 (1) federal decennial census;
32 (2) federal special census;
33 (3) special tabulation; or
34 (4) corrected population count;
35 shall be used as evidence of resident population density for purposes
36 of subsection (b)(2)(A), but this evidence may be rebutted by other
37 evidence of population density.
38 (h) A municipality that prepares a fiscal plan after June 30, 2015,
39 must comply with this subsection. A municipality may not amend the
40 fiscal plan after the date that a remonstrance is filed with the court
41 under section 11 of this chapter, unless amendment of the fiscal plan
42 is consented to by at least sixty-five percent (65%) of the persons who
HB 1473—LS 7649/DI 87 12
1 signed the remonstrance petition.
2 (i) The municipality must submit proof that the municipality has
3 complied with:
4 (1) the outreach program requirements and notice requirements
5 of section 1.7 of this chapter; and
6 (2) the requirements of section 11.1 of this chapter.
HB 1473—LS 7649/DI 87 13
COMMITTEE REPORT
Mr. Speaker: Your Committee on Local Government, to which was
referred House Bill 1473, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 4, line 35, delete "is" and insert "becomes".
Page 4, line 35, delete "municipality." and insert "municipality
after June 30, 2025.".
Page 4, between lines 38 and 39, begin a new paragraph and insert:
"(c) Notwithstanding any other provision of this chapter, if a
proposed annexation territory consists of:
(1) land that:
(A) is contiguous to the municipality under section 1.5 of
this chapter; and
(B) abuts, at least in part, one (1) side of railroad tracks
and the railroad right-of-way; and
(2) land:
(A) that is not contiguous to the municipality under section
1.5 of this chapter; and
(B) that:
(i) is separated from the land under subdivision (1) by;
and
(ii) abuts, at least in part, the opposite side of;
the railroad tracks and railroad right-of-way described in
subdivision (1)(B);
the proposed annexation territory satisfies the contiguity
requirements under section 1.5 of this chapter. The annexing
municipality is not required to obtain the consent of any person
owning, leasing, operating, or using the railroad tracks or railroad
right-of-way to annex the proposed territory.".
and when so amended that said bill do pass.
(Reference is to HB 1473 as introduced.)
MAY
Committee Vote: yeas 8, nays 1.
HB 1473—LS 7649/DI 87