Indiana 2025 Regular Session

Indiana Senate Bill SB0126 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0126.1~~
2		-	~~February 4, 2025~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 126
4	4		_____
5		-	DIGEST OF SB 126 (Updated January 30, 2025 12:41 pm - DI 140)
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	10		annexation petition approved by the signatures of: (1) at least 51% of
10	11		the owners of non-tax exempt land in the annexation territory; or (2)
11	12		the owners of at least 75% in assessed valuation of non-tax exempt
12	13		land in the annexation territory. Requires the court to hold a hearing if
13	14		the petition has enough signatures. Adds provisions for determining the
14	15		validity of signatures. Eliminates the following: (1) Remonstrances and
15	16		remonstrance waivers. (2) Reimbursement of remonstrator's attorney's
16	17		fees and costs. (3) Adoption of a fiscal plan for voluntary annexations
17	18		requested by 100% of landowners in the annexation territory. (4)
18	19		Settlement agreements in lieu of annexation. (5) Provisions regarding
19	20		contiguity of a public highway.
20	21		Effective: Upon passage.
21		-	Buck, Young M, Niemeyer, Tomes,
22		-	Dernulc
	22	+	Buck, Young M
23	23		January 8, 2025, read first time and referred to Committee on Local Government.
24		-	February 3, 2025, reported favorably — Do Pass.
25		-	SB 126—LS 6546/DI 87 February 4, 2025
	24	+	2025 IN 126—LS 6546/DI 87 Introduced
26	25		First Regular Session of the 124th General Assembly (2025)
27	26		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
28	27		Constitution) is being amended, the text of the existing provision will appear in this style type,
29	28		additions will appear in this style type, and deletions will appear in this style type.
30	29		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
31	30		provision adopted), the text of the new provision will appear in this style type. Also, the
32	31		word NEW will appear in that style type in the introductory clause of each SECTION that adds
33	32		a new provision to the Indiana Code or the Indiana Constitution.
34	33		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
35	34		between statutes enacted by the 2024 Regular Session of the General Assembly.
36	35		SENATE BILL No. 126
37	36		A BILL FOR AN ACT to amend the Indiana Code concerning local
38	37		government.
39	38		Be it enacted by the General Assembly of the State of Indiana:
40	39		1 SECTION 1. IC 13-18-15-2, AS AMENDED BY P.L.257-2019,
41	40		2 SECTION 83, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42	41		3 UPON PASSAGE]: Sec. 2. (a) The persons involved shall negotiate the
43	42		4 terms for connection and service under this chapter.
44	43		5 (b) If service is ordered under this chapter, a receiver of that service
45	44		6 that is located in an unincorporated area may grant a waiver to a
46	45		7 municipality providing the service. A waiver under this section:
47	46		8 (1) must waive the receiver's right of remonstrance against
48	47		9 annexation of the areas in which the service is to be provided; and
49	48		10 (2) may be one (1) of the terms for connection and service
50	49		11 described in subsection (a).
51	50		12 (c) The waiver, if granted:
52	51		13 (1) shall be noted on the deed of each property affected and
53	52		14 recorded as provided by law; and
54	53		15 (2) is considered a covenant running with the land.
55	54		16 (d) This subsection applies to any deed recorded after June 30,
56	55		17 2015. This subsection applies only to property that is subject to a
57		-	SB 126—LS 6546/DI 87 2
	56	+	2025 IN 126—LS 6546/DI 87 2
58	57		1 remonstrance waiver. A municipality shall, within a reasonable time
59	58		2 after the recording of a deed to property located within the
60	59		3 municipality, provide written notice to the property owner that a waiver
61	60		4 of the right of remonstrance exists with respect to the property.
62	61		5 (e) A remonstrance waiver executed before July 1, 2003, is void.
63	62		6 This subsection does not invalidate an annexation that was effective on
64	63		7 or before July 1, 2019.
65	64		8 (f) A remonstrance waiver executed after June 30, 2003, and before
66	65		9 July 1, 2019, is subject to the following:
67	66		10 (1) The waiver is void unless the waiver was recorded (A) before
68	67		11 January 1, 2020, and (B) with the county recorder of the county
69	68		12 where the property subject to the waiver is located.
70	69		13 (2) A waiver that is not void under subdivision (1) or subsection
71	70		14 (h) expires not later than fifteen (15) years after the date the
72	71		15 waiver is executed.
73	72		16 This subsection does not invalidate an annexation that was effective on
74	73		17 or before July 1, 2019.
75	74		18 (g) A remonstrance waiver executed after June 30, 2019, is subject
76	75		19 to the following: (1) The waiver is void unless the waiver is must be
77	76		20 recorded (A) not later than thirty (30) business days after the date the
78	77		21 waiver was executed and (B) with the county recorder of the county
79	78		22 where the property subject to the waiver is located. (2) A waiver that
80	79		23 is not void under subdivision (1) expires not later than fifteen (15)
81	80		24 years after the date the waiver is executed. This subsection does not
82	81		25 invalidate an annexation that was effective on or before July 1, 2019.
83	82		26 (h) Notwithstanding any other law, a waiver of the right of
84	83		27 remonstrance is valid and binding on a landowner or a successor
85	84		28 in title only with regard to an annexation for which the annexation
86	85		29 ordinance was adopted before May 15, 2025.
87	86		30 SECTION 2. IC 36-4-3-1.5, AS AMENDED BY P.L.206-2016,
88	87		31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
89	88		32 UPON PASSAGE]: Sec. 1.5. (a) For purposes of this chapter, territory
90	89		33 sought to be annexed may be considered "contiguous" only if at least
91	90		34 one-eighth (1/8) of the aggregate external boundaries of the territory
92	91		35 coincides with the boundaries of the annexing municipality. In
93	92		36 determining if a territory is contiguous, a strip of land less than one
94	93		37 hundred fifty (150) feet wide that connects the annexing municipality
95	94		38 to the territory is not considered a part of the boundaries of either the
96	95		39 municipality or the territory.
97	96		40 (b) This subsection applies to an annexation for which an
98	97		41 annexation ordinance is adopted after June 30, 2015, and before May
99	98		42 15, 2025. A public highway or the rights-of-way of a public highway
100		-	SB 126—LS 6546/DI 87 3
	99	+	2025 IN 126—LS 6546/DI 87 3
101	100		1 are contiguous to:
102	101		2 (1) the municipality; or
103	102		3 (2) property in the unincorporated area adjacent to the public
104	103		4 highway or rights-of-way of a public highway;
105	104		5 if the public highway or the rights-of-way of a public highway are
106	105		6 contiguous under subsection (a) and one (1) of the requirements in
107	106		7 subsection (c) is satisfied.
108	107		8 (c) This subsection applies to an annexation for which an
109	108		9 annexation ordinance is adopted after June 30, 2015, and before
110	109		10 May 15, 2025. A public highway or the rights-of-way of a public
111	110		11 highway are not contiguous unless one (1) of the following
112	111		12 requirements is met:
113	112		13 (1) The municipality obtains the written consent of the owners of
114	113		14 all property:
115	114		15 (A) adjacent to the entire length of the part of the public
116	115		16 highway and rights-of-way of the public highway that is being
117	116		17 annexed; and
118	117		18 (B) not already within the corporate boundaries of the
119	118		19 municipality.
120	119		20 A waiver of the right of remonstrance executed by a property
121	120		21 owner or a successor in title of the property owner for sewer
122	121		22 services or water services does not constitute written consent for
123	122		23 purposes of this subdivision.
124	123		24 (2) All property adjacent to at least one (1) side of the entire
125	124		25 length of the part of the public highway or rights-of-way of the
126	125		26 public highway being annexed is already within the corporate
127	126		27 boundaries of the municipality.
128	127		28 (3) All property adjacent to at least one (1) side of the entire
129	128		29 length of the part of the public highway or rights-of-way of the
130	129		30 public highway being annexed is part of the same annexation
131	130		31 ordinance in which the public highway or rights-of-way of a
132	131		32 public highway are being annexed.
133	132		33 A municipality may not annex a public highway or the rights-of-way of
134	133		34 a public highway or annex territory adjacent to the public highway or
135	134		35 rights-of-way of a public highway unless the requirements of this
136	135		36 section are met.
137	136		37 SECTION 3. IC 36-4-3-1.7, AS AMENDED BY P.L.70-2022,
138	137		38 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
139	138		39 UPON PASSAGE]: Sec. 1.7. (a) This section applies only to an
140	139		40 annexation ordinance adopted after June 30, 2015. This section does
141	140		41 not apply to an annexation under section 5.1 of this chapter.
142	141		42 (b) Not earlier than six (6) months before a municipality introduces
143		-	SB 126—LS 6546/DI 87 4
	142	+	2025 IN 126—LS 6546/DI 87 4
144	143		1 an annexation ordinance, the municipality shall conduct an outreach
145	144		2 program to inform citizens regarding the proposed annexation. For an
146	145		3 annexation under section 3 or 4 of this chapter, the outreach program
147	146		4 must conduct at least six (6) public information meetings regarding the
148	147		5 proposed annexation. For an annexation under section 5 or 5.2 of this
149	148		6 chapter, the outreach program must conduct at least three (3) public
150	149		7 information meetings regarding the proposed annexation. The public
151	150		8 information meetings must provide citizens with the following
152	151		9 information:
153	152		10 (1) Maps showing the proposed boundaries of the annexation
154	153		11 territory.
155	154		12 (2) Proposed plans for extension of capital and noncapital
156	155		13 services in the annexation territory, including proposed dates of
157	156		14 extension. In the case of an annexation under section 5.2 of this
158	157		15 chapter, a copy of the preliminary written fiscal plan.
159	158		16 (3) Expected fiscal impact on taxpayers in the annexation
160	159		17 territory, including any increase in taxes and fees.
161	160		18 (c) The municipality shall provide notice of the dates, times, and
162	161		19 locations of the outreach program meetings. The municipality shall
163	162		20 publish the notice of the meetings under IC 5-3-1, including the date,
164	163		21 time, and location of the meetings, except that notice must be published
165	164		22 not later than thirty (30) days before the date of each meeting. The
166	165		23 municipality shall also send notice to each owner of land within the
167	166		24 annexation territory not later than thirty (30) days before the date of the
168	167		25 first meeting of the outreach program. The notice to landowners shall
169	168		26 be sent by first class mail, certified mail with return receipt requested,
170	169		27 or any other means of delivery that includes a return receipt and must
171	170		28 include the following information:
172	171		29 (1) The notice to the landowner must inform the landowner that
173	172		30 the municipality is proposing to annex territory that includes the
174	173		31 landowner's property.
175	174		32 (2) The municipality is conducting an outreach program for the
176	175		33 purpose of providing information to landowners and the public
177	176		34 regarding the proposed annexation.
178	177		35 (3) The date, time, and location of the meetings to be conducted
179	178		36 under the outreach program.
180	179		37 (d) The notice shall be sent to the address of the landowner as listed
181	180		38 on the tax duplicate. If the municipality provides evidence that the
182	181		39 notice was sent:
183	182		40 (1) by certified mail, with return receipt requested or any other
184	183		41 means of delivery that includes a return receipt; and
185	184		42 (2) in accordance with this section;
186		-	SB 126—LS 6546/DI 87 5
	185	+	2025 IN 126—LS 6546/DI 87 5
187	186		1 it is not necessary that the landowner accept receipt of the notice.
188	187		2 (e) This subsection applies only to an annexation for which an
189	188		3 annexation ordinance is adopted after June 30, 2015, and before
190	189		4 May 15, 2025. If a remonstrance is filed under section 11 of this
191	190		5 chapter, the municipality shall file with the court proof that notices
192	191		6 were sent to landowners under this section and proof of publication.
193	192		7 (e) (f) The notice required under this section is in addition to any
194	193		8 notice required under sections 2.1 and 2.2 of this chapter.
195	194		9 SECTION 4. IC 36-4-3-3.1, AS AMENDED BY P.L.70-2022,
196	195		10 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
197	196		11 UPON PASSAGE]: Sec. 3.1. (a) This section does not apply to an
198	197		12 annexation under:
199	198		13 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
200	199		14 (2) section 5.1 of this chapter, for which an annexation
201	200		15 ordinance is adopted after May 14, 2025.
202	201		16 (b) A municipality shall develop and adopt a written fiscal plan and
203	202		17 establish a definite policy by resolution of the legislative body that
204	203		18 meets the requirements set forth in section 13 of this chapter.
205	204		19 (c) Except as provided in subsection (d) and section 5.2 of this
206	205		20 chapter, the municipality shall establish and adopt the written fiscal
207	206		21 plan before mailing the notification to landowners in the territory
208	207		22 proposed to be annexed under section 2.2 of this chapter.
209	208		23 (d) In an annexation under section 5 or 5.1 5.5 of this chapter, the
210	209		24 municipality shall establish and adopt the written fiscal plan before
211	210		25 adopting the annexation ordinance.
212	211		26 SECTION 5. IC 36-4-3-5, AS AMENDED BY P.L.149-2016,
213	212		27 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214	213		28 UPON PASSAGE]: Sec. 5. (a) This subsection applies only to a
215	214		29 petition requesting annexation that is filed before July 1, 2015. If the
216	215		30 owners of land located outside of but contiguous to a municipality want
217	216		31 to have territory containing that land annexed to the municipality, they
218	217		32 may file with the legislative body of the municipality a petition:
219	218		33 (1) signed by at least:
220	219		34 (A) fifty-one percent (51%) of the owners of land in the
221	220		35 territory sought to be annexed; or
222	221		36 (B) the owners of seventy-five percent (75%) of the total
223	222		37 assessed value of the land for property tax purposes; and
224	223		38 (2) requesting an ordinance annexing the area described in the
225	224		39 petition.
226	225		40 (b) This subsection applies only to a petition requesting annexation
227	226		that is filed after June 30, 2015. 41 A municipality may not collect
228	227		42 signatures on an annexation petition that is filed with the legislative
229		-	SB 126—LS 6546/DI 87 6
	228	+	2025 IN 126—LS 6546/DI 87 6
230	229		1 body under this section after May 14, 2025. If the owners of land
231	230		2 located outside of but contiguous to a municipality want to have
232	231		3 territory containing that land annexed to the municipality, they may file
233	232		4 with the legislative body of the municipality a petition that meets the
234	233		5 following requirements:
235	234		6 (1) The petition is signed by at least one (1) of the following:
236	235		7 (A) Fifty-one percent (51%) of the owners of land in the
237	236		8 territory sought to be annexed. An owner of land may not:
238	237		9 (i) be counted in calculating the total number of owners of
239	238		10 land in the annexation territory; or
240	239		11 (ii) have the owner's signature counted;
241	240		12 with regard to any single property that the owner has an
242	241		13 interest in that was exempt from property taxes under
243	242		14 IC 6-1.1-10 or any other state law for the immediately
244	243		15 preceding year.
245	244		16 (B) The owners of seventy-five percent (75%) of the total
246	245		17 assessed value of the land for property tax purposes. Land that
247	246		18 was exempt from property taxes under IC 6-1.1-10 or any
248	247		19 other state law for the immediately preceding year may not be
249	248		20 included in calculating the total assessed valuation of the land
250	249		21 in the annexation territory. The court may not count an owner's
251	250		22 signature on a petition with regard to any single property that
252	251		23 the owner has an interest in that was exempt from property
253	252		24 taxes under IC 6-1.1-10 or any other state law for the
254	253		25 immediately preceding year.
255	254		26 (2) The petition requests an ordinance annexing the area
256	255		27 described in the petition.
257	256		28 (c) The petition circulated by the landowners must include on each
258	257		29 page where signatures are affixed a heading that is substantially similar
259	258		30 to the following:
260	259		31 "PETITION FOR ANNEXATION INTO THE (insert whether city
261	260		32 or town) OF (insert name of city or town).".
262	261		33 (d) If the legislative body fails to pass the ordinance within one
263	262		34 hundred fifty (150) days after the date of filing of a petition under
264	263		35 subsection (a) or (b), the petitioners may file a duplicate copy of the
265	264		36 petition in the circuit or superior court of a county in which the territory
266	265		37 is located, and shall include a written statement of why the annexation
267	266		38 should take place. Notice of the proceedings, in the form of a
268	267		39 summons, shall be served on the municipality named in the petition.
269	268		40 The municipality is the defendant in the cause and shall appear and
270	269		41 answer.
271	270		42 (e) The court shall hear and determine the petition without a jury,
272		-	SB 126—LS 6546/DI 87 7
	271	+	2025 IN 126—LS 6546/DI 87 7
273	272		1 and shall order the proposed annexation to take place only if the
274	273		2 evidence introduced by the parties establishes that:
275	274		3 (1) essential municipal services and facilities are not available to
276	275		4 the residents of the territory sought to be annexed;
277	276		5 (2) the municipality is physically and financially able to provide
278	277		6 municipal services to the territory sought to be annexed;
279	278		7 (3) the population density of the territory sought to be annexed is
280	279		8 at least three (3) persons per acre; and
281	280		9 (4) the territory sought to be annexed is contiguous to the
282	281		10 municipality.
283	282		11 If the evidence does not establish all four (4) of the preceding factors,
284	283		12 the court shall deny the petition and dismiss the proceeding.
285	284		13 (f) This subsection does not apply to a town that has abolished town
286	285		14 legislative body districts under IC 36-5-2-4.1. An ordinance adopted
287	286		15 under this section must assign the territory annexed by the ordinance
288	287		16 to at least one (1) municipal legislative body district.
289	288		17 SECTION 6. IC 36-4-3-5.1, AS AMENDED BY P.L.160-2020,
290	289		18 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
291	290		19 UPON PASSAGE]: Sec. 5.1. (a) Owners of land that is located outside
292	291		20 but contiguous to a municipality or that is located in territory described
293	292		21 in section 4(i) of this chapter may voluntarily file a petition with the
294	293		22 legislative body of the municipality:
295	294		23 (1) requesting an ordinance annexing the area described in the
296	295		24 petition; and
297	296		25 (2) signed by:
298	297		26 (A) one hundred percent (100%) of the landowners that reside
299	298		27 within the territory that is proposed to be annexed, in the case
300	299		28 of a petition filed before July 1, 2015; and
301	300		29 (B) in the case of a petition filed after June 30, 2015, one
302	301		30 hundred percent (100%) of the owners of land within the
303	302		31 territory that is proposed to be annexed.
304	303		32 (b) Sections 2.1 and 2.2 of this chapter do not apply to an
305	304		33 annexation under this section.
306	305		34 (c) The petition circulated by the landowners must include on each
307	306		35 page where signatures are affixed a heading that is substantially similar
308	307		36 to the following:
309	308		37 "PETITION FOR ANNEXATION INTO THE (insert whether city
310	309		38 or town) OF (insert name of city or town).".
311	310		39 (d) The municipality may (1) adopt an annexation ordinance
312	311		40 annexing the territory and (2) adopt a fiscal plan and establish a
313	312		41 definite policy by resolution of the legislative body; after the legislative
314	313		42 body has held a public hearing on the proposed annexation.
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	314	+	2025 IN 126—LS 6546/DI 87 8
316	315		1 (e) The municipality may introduce and hold the public hearing on
317	316		2 the annexation ordinance not later than thirty (30) days after the
318	317		3 petition is filed with the legislative body. Notice of the public hearing
319	318		4 may be published one (1) time in accordance with IC 5-3-1 at least
320	319		5 twenty (20) days before the hearing. All interested parties must have
321	320		6 the opportunity to testify at the hearing as to the proposed annexation.
322	321		7 (f) The municipality may adopt the annexation ordinance not earlier
323	322		8 than fourteen (14) days after the public hearing under subsection (e).
324	323		9 (g) A landowner may withdraw the landowner's signature from the
325	324		10 petition not more than thirteen (13) days after the municipality adopts
326	325		11 the fiscal plan date of the public hearing under subsection (e) by
327	326		12 providing written notice to the office of the clerk of the municipality.
328	327		13 If a landowner withdraws the landowner's signature, the petition shall
329	328		14 automatically be considered a voluntary petition that is filed with the
330	329		15 legislative body under section 5 of this chapter, fourteen (14) days after
331	330		16 the date the fiscal plan is adopted. of the public hearing under
332	331		17 subsection (e). All provisions applicable to a petition initiated under
333	332		18 section 5 of this chapter apply to the petition.
334	333		19 (h) If the municipality does not adopt an annexation ordinance
335	334		20 within sixty (60) days after the landowners file the petition with the
336	335		21 legislative body, the landowners may file a duplicate petition with the
337	336		22 circuit or superior court of a county in which the territory is located.
338	337		23 The court shall determine whether the annexation shall take place as
339	338		24 set forth in section 5 of this chapter.
340	339		25 (i) A remonstrance under section 11 of this chapter may not be filed.
341	340		26 However, an appeal under section 15.5 of this chapter may be filed.
342	341		27 (j) (i) In the absence of an appeal under section 15.5 of this chapter,
343	342		28 an annexation ordinance adopted under this section takes effect not less
344	343		29 than thirty (30) days after the adoption of the ordinance and upon the
345	344		30 filing and recording of the ordinance under section 22 of this chapter.
346	345		31 SECTION 7. IC 36-4-3-5.5 IS ADDED TO THE INDIANA CODE
347	346		32 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
348	347		33 UPON PASSAGE]: Sec. 5.5. (a) This section does not apply to an
349	348		34 annexation under section 5 or 5.1 of this chapter.
350	349		35 (b) This section applies only to an annexation for which an
351	350		36 annexation ordinance is adopted after May 14, 2025.
352	351		37 (c) After adopting an annexation ordinance under section 3 or
353	352		38 4 of this chapter, in order for the annexation to proceed, the
354	353		39 municipality must file a written petition under subsection (f) signed
355	354		40 by owners of land in the territory proposed to be annexed who are
356	355		41 in favor of the annexation. The petition must be signed by:
357	356		42 (1) at least fifty-one percent (51%) of the owners of land:
358		-	SB 126—LS 6546/DI 87 9
	357	+	2025 IN 126—LS 6546/DI 87 9
359	358		1 (A) not exempt from property taxes under IC 6-1.1-10 or
360	359		any other state law; and2
361	360		3 (B) in the territory proposed to be annexed; or
362	361		4 (2) the owners of more than seventy-five percent (75%) in
363	362		5 assessed valuation of land:
364	363		6 (A) not exempt from property taxes under IC 6-1.1-10 or
365	364		7 any other state law; and
366	365		8 (B) in the territory proposed to be annexed.
367	366		9 (d) The petition circulated by the municipality must include on
368	367		10 each page where signatures are affixed a heading that is
369	368		11 substantially similar to the following:
370	369		12 "PETITION FOR ANNEXATION INTO THE (insert whether
371	370		13 city or town) OF (insert name of city or town).".
372	371		14 (e) A landowner may withdraw the landowner's signature from
373	372		15 the petition not more than ten (10) days after the municipality
374	373		16 adopts the annexation ordinance by providing written notice to the
375	374		17 office of the clerk of the municipality. A landowner who withdraws
376	375		18 the landowner's signature from the petition is considered not to
377	376		19 have signed the petition for purposes of subsection (h)(2).
378	377		20 (f) The municipality must file the petition with the circuit or
379	378		21 superior court of the county where the municipality is located not
380	379		22 later than ninety (90) days after the publication of the annexation
381	380		23 ordinance under section 7 of this chapter. The petition must be
382	381		24 accompanied by:
383	382		25 (1) a copy of the ordinance; and
384	383		26 (2) the names and addresses of all persons who meet the
385	384		27 requirements of subsection (h).
386	385		28 (g) On receipt of the petition, the court shall determine whether
387	386		29 the petition has the necessary signatures. In determining the total
388	387		30 number of landowners of the territory proposed to be annexed and
389	388		31 whether signers of the petition are landowners, the names
390	389		32 appearing on the tax duplicate for that territory constitute prima
391	390		33 facie evidence of ownership. Only one (1) person having an interest
392	391		34 in each single property, as evidenced by the tax duplicate, is
393	392		35 considered a landowner for purposes of this section. A person is
394	393		36 entitled to sign a petition only one (1) time, regardless of whether
395	394		37 the person owns more than one (1) parcel of real property. If the
396	395		38 court determines that the municipality's petition has a sufficient
397	396		39 number of signatures, the court shall fix a time, not later than sixty
398	397		40 (60) days after its determination, for a public hearing on the
399	398		41 petition.
400	399		42 (h) A person may intervene as a party at the hearing described
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402	401		1 in subsection (g) if the following requirements are satisfied:
403	402		2 (1) The person owns, solely or with another person, property
404	403		3 that is in the territory proposed to be annexed.
405	404		4 (2) None of the owners of the property signed the petition filed
406	405		5 by the municipality.
407	406		6 (3) The person appeared in person or submitted a
408	407		7 remonstrance or other document objecting to the annexation
409	408		8 into the record of the municipality's public hearing on the
410	409		9 annexation ordinance under section 2.1 of this chapter.
411	410		10 The court shall give a person described in this subsection notice of
412	411		11 the public hearing on the petition by certified mail.
413	412		12 SECTION 8. IC 36-4-3-5.6 IS ADDED TO THE INDIANA CODE
414	413		13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
415	414		14 UPON PASSAGE]: Sec. 5.6. (a) This section applies only to an
416	415		15 annexation for which an annexation ordinance is adopted after
417	416		16 May 14, 2025.
418	417		17 (b) A waiver or release of the right of remonstrance by a
419	418		18 landowner or successor in title is void and may not be considered
420	419		19 or counted as a valid signature on a petition in favor of annexation
421	420		20 under section 5, 5.1, or 5.5 of this chapter.
422	421		21 (c) If, with regard to a signature on a petition for annexation
423	422		22 under section 5, 5.1, or 5.5 of this chapter:
424	423		23 (1) the validity of a signature is uncertain; and
425	424		24 (2) this section does not establish a standard to be applied in
426	425		25 the case;
427	426		26 a reasonable doubt must be resolved in favor of the validity of the
428	427		27 signature.
429	428		28 (d) Whenever the name of an individual, as printed or signed,
430	429		29 contains a minor variation from the name of the individual as set
431	430		30 forth in the relevant county records, the signature is considered
432	431		31 valid.
433	432		32 (e) Whenever the residence address or mailing address of an
434	433		33 individual contains a minor variation from the residence address
435	434		34 or mailing address as set forth in the relevant county records, the
436	435		signature is considered valid.35
437	436		36 (f) If the residence address or mailing address of an individual
438	437		37 contains a substantial variation from the residence address or
439	438		38 mailing address as set forth in the relevant county records, the
440	439		39 signature is considered invalid.
441	440		40 (g) If the signature of an individual does not substantially
442	441		41 conform with the signature of the individual as set forth in the
443	442		42 relevant county records, the signature is considered invalid. In
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445	444		1 determining whether a signature substantially conforms with the
446	445		2 signature in the relevant county records, consideration shall be
447	446		3 given to whether that lack of conformity may reasonably be
448	447		4 attributed to the age, disability, or impairment of the individual.
449	448		5 SECTION 9. IC 36-4-3-7, AS AMENDED BY THE TECHNICAL
450	449		6 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
451	450		7 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
452	451		8 PASSAGE]: Sec. 7. (a) After an ordinance is adopted under section 3,
453	452		9 4, 5, 5.1, or 5.2, or 5.5 of this chapter, it must be published in the
454	453		10 manner prescribed by IC 5-3-1.
455	454		11 (b) This subsection applies only to an annexation for which an
456	455		12 annexation ordinance is adopted before May 15, 2025. Except as
457	456		13 provided in subsection (b), (c), (d), or (e), in the absence of
458	457		14 remonstrance and appeal under section 11 or 15.5 of this chapter, the
459	458		15 ordinance takes effect at least ninety (90) days after its publication and
460	459		16 upon the filing required by section 22(a) of this chapter.
461	460		17 (c) An annexation ordinance takes effect as follows:
462	461		18 (1) This subdivision applies to an annexation under section 5
463	462		19 of this chapter. Except as provided in subsection (e), in the
464	463		20 absence of an appeal under section 15.5 of this chapter, the
465	464		21 annexation ordinance takes effect at least ninety (90) days
466	465		22 after its publication and upon the filing required under
467	466		23 section 22(a) of this chapter.
468	467		24 (2) This subdivision applies to an annexation under section 5.1
469	468		25 of this chapter. Except as provided in subsection (e), in the
470	469		26 absence of an appeal under section 15.5 of this chapter, the
471	470		27 ordinance takes effect at least thirty (30) days after the
472	471		28 adoption of the ordinance and upon the filing required under
473	472		29 section 22(a) of this chapter.
474	473		30 (3) This subdivision applies to an annexation under section 5.5
475	474		31 of this chapter. Except as provided in subsection (e), if a final
476	475		32 and unappealable judgment under section 12 or 15.5 of this
477	476		33 chapter is entered in favor of the annexation, the annexation
478	477		34 is effective upon the filing required under section 22(a) of this
479	478		35 chapter.
480	479		36 (4) This subdivision applies to an annexation under section 7.1
481	480		37 of this chapter for which an annexation ordinance is adopted
482	481		38 after May 14, 2025. If a final and unappealable judgment
483	482		39 under section 12 or 15.5 of this chapter is entered in favor of
484	483		40 the annexation, the annexation is effective upon the filing
485	484		41 required under section 22(a) of this chapter.
486	485		42 (5) This subdivision applies to an annexation under section 7.2
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488	487		1 of this chapter. In the absence of an appeal under section 15.5
489	488		2 of this chapter, the annexation ordinance takes effect at least
490	489		3 thirty (30) days after its publication and upon the filing
491	490		4 required under section 22(a) of this chapter.
492	491		5 (b) (d) For the purposes of this section, territory that has been:
493	492		6 (1) added to an existing fire protection district under
494	493		7 IC 36-8-11-11; or
495	494		8 (2) approved by ordinance of the county legislative body to be
496	495		9 added to an existing fire protection district under IC 36-8-11-11,
497	496		10 notwithstanding that the territory's addition to the fire protection
498	497		11 district has not yet taken effect;
499	498		12 shall be considered a part of the fire protection district as of the date
500	499		13 that the fire protection district was originally established.
501	500		14 (c) (e) This subsection applies only to a fire protection district
502	501		15 established after July 1, 1987. This subsection does not apply to an
503	502		16 annexation under subsection (g). Whenever a municipality annexes
504	503		17 territory, all or part of which lies within a fire protection district (IC
505	504		18 36-8-11), the annexation ordinance, in the absence of remonstrance and
506	505		19 appeal under section 11 or 15.5 of this chapter (in the case of an
507	506		20 annexation for which an annexation ordinance is adopted before
508	507		21 May 15, 2025), or in the absence of a hearing or an appeal under
509	508		22 section 12 or 15.5 of this chapter (in the case of an annexation for
510	509		23 which an annexation ordinance is adopted after May 14, 2025),
511	510		24 takes effect the second January 1 that follows the date the ordinance is
512	511		25 adopted and upon the filing required by section 22(a) of this chapter.
513	512		26 The municipality shall:
514	513		27 (1) provide fire protection to that territory beginning the date the
515	514		28 ordinance is effective; and
516	515		29 (2) send written notice to the fire protection district of the date the
517	516		30 municipality will begin to provide fire protection to the annexed
518	517		31 territory within ten (10) days of the date the ordinance is adopted.
519	518		32 (d) (f) This subsection applies only to a fire protection district
520	519		33 established after July 1, 1987. This subsection does not apply to an
521	520		34 annexation under subsection (g). If the fire protection district from
522	521		35 which a municipality annexes territory is indebted or has outstanding
523	522		36 unpaid bonds or other obligations at the time the annexation is
524	523		37 effective, the municipality is liable for and shall pay that indebtedness
525	524		38 in the same ratio as the assessed valuation of the property in the
526	525		39 annexed territory (that is part of the fire protection district) bears to the
527	526		40 assessed valuation of all property in the fire protection district, as
528	527		41 shown by the most recent assessment for taxation before the
529	528		42 annexation, unless the assessed property within the municipality is
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531	530		1 already liable for the indebtedness. The annexing municipality shall
532	531		2 pay its indebtedness under this section to the board of fire trustees. If
533	532		3 the indebtedness consists of outstanding unpaid bonds or notes of the
534	533		4 fire protection district, the payments to the board of fire trustees shall
535	534		5 be made as the principal or interest on the bonds or notes becomes due.
536	535		6 (e) This subsection applies to an annexation initiated by property
537	536		7 owners under section 5.1 of this chapter in which all property owners
538	537		8 within the area to be annexed petition the municipality to be annexed.
539	538		9 Subject to subsection (c), and in the absence of an appeal under section
540	539		10 15.5 of this chapter, an annexation ordinance takes effect at least thirty
541	540		11 (30) days after its publication and upon the filing required by section
542	541		12 22(a) of this chapter.
543	542		13 (f) (g) Whenever a municipality annexes territory that lies within a
544	543		14 fire protection district that has a total net assessed value (as determined
545	544		15 by the county auditor) of more than one billion dollars
546	545		16 ($1,000,000,000) on the date the annexation ordinance is adopted:
547	546		17 (1) the annexed area shall remain a part of the fire protection
548	547		18 district after the annexation takes effect; and
549	548		19 (2) the fire protection district shall continue to provide fire
550	549		20 protection services to the annexed area.
551	550		21 The municipality shall not tax the annexed territory for fire protection
552	551		22 services. The annexing municipality shall establish a special fire fund
553	552		23 for all fire protection services that are provided by the municipality
554	553		24 within the area of the municipality that is not within the fire protection
555	554		25 district, and which shall not be assessed to the annexed special taxing
556	555		26 district. The annexed territory that lies within the fire protection district
557	556		27 shall continue to be part of the fire protection district special taxing
558	557		28 district.
559	558		29 SECTION 10. IC 36-4-3-7.1, AS AMENDED BY P.L.104-2022,
560	559		30 SECTION 156, IS AMENDED TO READ AS FOLLOWS
561	560		31 [EFFECTIVE UPON PASSAGE]: Sec. 7.1. (a) An ordinance adopted
562	561		32 under section 4 or 5.1 of this chapter that meets the conditions set
563	562		33 forth in subsection (b) takes effect as follows:
564	563		34 (1) In the case of an annexation for which an annexation
565	564		35 ordinance was adopted before May 15, 2025, the ordinance
566	565		36 takes effect immediately:
567	566		37 (A) upon the expiration of the remonstrance and appeal period
568	567		38 under section 11, 11.1, or 15.5 of this chapter; and
569	568		39 (B) after the publication, filing, and recording required by
570	569		40 section 22(a) of this chapter. if all of the following conditions
571	570		41 are met:
572	571		42 (2) In the case of an annexation for which an annexation
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574	573		1 ordinance was adopted after May 14, 2025, the ordinance
575	574		2 takes effect as set forth in section 7(c)(4) of this chapter.
576	575		3 (b) This section applies to an annexation that meets all of the
577	576		4 following conditions:
578	577		5 (1) The annexed territory has no population.
579	578		6 (2) Ninety percent (90%) of the total assessed value of the land
580	579		7 for property tax purposes has one (1) owner.
581	580		8 (3) The annexation is required to fulfill an economic development
582	581		9 incentive package and to retain an industry through various local
583	582		10 incentives, including urban enterprise zone benefits.
584	583		11 SECTION 11. IC 36-4-3-7.2, AS AMENDED BY THE
585	584		12 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
586	585		13 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
587	586		14 UPON PASSAGE]: Sec. 7.2. (a) This section applies to an annexation
588	587		15 that satisfies all of the following:
589	588		16 (1) The annexation ordinance is adopted after December 31,
590	589		17 2020.
591	590		18 (2) The annexation is initiated by property owners under section
592	591		19 5.1 of this chapter in which all property owners within the
593	592		20 annexation territory petition the municipality to be annexed.
594	593		21 (3) All or part of the annexation territory is within a fire
595	594		22 protection district that was established after July 1, 1987.
596	595		23 (4) At least a majority of the members of the board of trustees of
597	596		24 the fire protection district adopt a resolution consenting to the
598	597		25 annexation.
599	598		26 (5) The portion of the annexation territory located within the fire
600	599		27 protection district constitutes less than three percent (3%) of the
601	600		28 total net assessed value (as determined by the county auditor) of
602	601		29 the fire protection district on the date the annexation ordinance is
603	602		30 adopted.
604	603		31 (b) Section 7(b), 7(c), 7(d), and 7(e) of this chapter apply to an
605	604		32 annexation under this section.
606	605		33 (c) Section 7(a), 7(d), 7(b), 7(f), and 7(g) of this chapter do not
607	606		34 apply to an annexation under this section.
608	607		35 (d) After an annexation ordinance is adopted, the ordinance must be
609	608		36 published in the manner prescribed by IC 5-3-1. In the absence of an
610	609		37 appeal under section 15.5 of this chapter, the annexation ordinance
611	610		38 takes effect at least thirty (30) days after its publication and upon the
612	611		39 filing required by section 22(a) of this chapter. The annexation
613	612		40 ordinance takes effect as set forth in section 7(c)(5) of this chapter.
614	613		41 SECTION 12. IC 36-4-3-11, AS AMENDED BY P.L.206-2016,
615	614		42 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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617	616		1 UPON PASSAGE]: Sec. 11. (a) This subsection applies only to an
618	617		2 annexation for which an annexation ordinance was adopted before July
619	618		3 1, 2015. Except as provided in section 5.1(i) of this chapter (as in
620	619		4 effect on July 1, 2015) and subsections subsection (e), and (f),
621	620		5 whenever territory is annexed by a municipality under this chapter, the
622	621		6 annexation may be appealed by filing with the circuit or superior court
623	622		7 of a county in which the annexed territory is located a written
624	623		8 remonstrance signed by:
625	624		9 (1) at least sixty-five percent (65%) of the owners of land in the
626	625		10 annexed territory; or
627	626		11 (2) the owners of more than seventy-five percent (75%) in
628	627		12 assessed valuation of the land in the annexed territory.
629	628		13 The remonstrance must be filed within ninety (90) days after the
630	629		14 publication of the annexation ordinance under section 7 of this chapter,
631	630		15 must be accompanied by a copy of that ordinance, and must state the
632	631		16 reason why the annexation should not take place.
633	632		17 (b) This subsection applies only to an annexation for which an
634	633		18 annexation ordinance was adopted before July 1, 2015. On receipt of
635	634		19 the remonstrance, the court shall determine whether the remonstrance
636	635		20 has the necessary signatures. In determining the total number of
637	636		21 landowners of the annexed territory and whether signers of the
638	637		22 remonstrance are landowners, the names appearing on the tax duplicate
639	638		23 for that territory constitute prima facie evidence of ownership. Only
640	639		24 one (1) person having an interest in each single property, as evidenced
641	640		25 by the tax duplicate, is considered a landowner for purposes of this
642	641		26 section.
643	642		27 (c) This subsection applies only to an annexation for which an
644	643		28 annexation ordinance was adopted before July 1, 2015. If the court
645	644		29 determines that the remonstrance is sufficient, the court shall fix a time,
646	645		30 within sixty (60) days after the court's determination, for a hearing on
647	646		31 the remonstrance. Notice of the proceedings, in the form of a summons,
648	647		32 shall be served on the annexing municipality. The municipality is the
649	648		33 defendant in the cause and shall appear and answer.
650	649		34 (d) This subsection applies only to an annexation for which an
651	650		35 annexation ordinance was adopted after June 30, 2015, and before
652	651		36 May 15, 2025. If the requirements of section 11.3(c) or (after
653	652		37 December 31, 2016) section 11.4 of this chapter are met, the
654	653		38 annexation may be appealed by filing with the circuit or superior court
655	654		39 of a county in which the annexed territory is located:
656	655		40 (1) the signed remonstrances filed with the county auditor;
657	656		41 (2) the county auditor's certification under section 11.2(i) of this
658	657		42 chapter;
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660	659		1 (3) the annexation ordinance; and
661	660		2 (4) a statement of the reason why the annexation should not take
662	661		3 place.
663	662		4 The remonstrance must be filed with the court not later than fifteen
664	663		5 (15) business days after the date the county auditor files the certificate
665	664		6 with the legislative body under section 11.2(i) of this chapter. After a
666	665		7 remonstrance petition is filed with the court, any person who signed a
667	666		8 remonstrance may file with the court a verified, written revocation of
668	667		9 the person's opposition to the annexation.
669	668		10 (e) If an annexation is initiated by property owners under section 5.1
670	669		11 of this chapter and all property owners within the area to be annexed
671	670		12 petition the municipality to be annexed, a remonstrance to the
672	671		13 annexation may not be filed under this section.
673	672		14 (f) (e) This subsection applies only to an annexation for which an
674	673		15 annexation ordinance is adopted before July 1, 2015. This subsection
675	674		16 applies if:
676	675		17 (1) the territory to be annexed consists of not more than one
677	676		18 hundred (100) parcels; and
678	677		19 (2) eighty percent (80%) of the boundary of the territory proposed
679	678		20 to be annexed is contiguous to the municipality.
680	679		21 An annexation may be appealed by filing with the circuit or superior
681	680		22 court of a county in which the annexed territory is located a written
682	681		23 remonstrance signed by at least seventy-five percent (75%) of the
683	682		24 owners of land in the annexed territory as determined under subsection
684	683		25 (b).
685	684		26 SECTION 13. IC 36-4-3-11.1, AS ADDED BY P.L.228-2015,
686	685		27 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
687	686		28 UPON PASSAGE]: Sec. 11.1. (a) This section applies only to an
688	687		29 annexation ordinance adopted after June 30, 2015, and before May 15,
689	688		30 2025.
690	689		31 (b) After a municipality adopts an annexation ordinance in
691	690		32 accordance with all applicable notice and hearing requirements under
692	691		33 this chapter, the annexation may not proceed unless the annexing
693	692		34 municipality completes the procedures set forth in this section.
694	693		35 (c) The proper officers of the municipality must give notice of the
695	694		36 applicability of the remonstrance process by providing notice by:
696	695		37 (1) publication in accordance with IC 5-3-1; and
697	696		38 (2) first class mail or certified mail with return receipt requested,
698	697		39 or any other means of delivery that includes a return receipt;
699	698		40 to the circuit court clerk and to owners of real property described in
700	699		41 section 2.2 of this chapter. Notice under this section must be published
701	700		42 and mailed or delivered on the same date that notice of the adoption of
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703	702		1 the annexation ordinance is published under section 7 of this chapter.
704	703		2 (d) The notice of the applicability of the remonstrance process under
705	704		3 subsection (c) must state the following:
706	705		4 (1) Any owners of real property within the area proposed to be
707	706		5 annexed who want to remonstrate against the proposed
708	707		6 annexation must complete and file remonstrance petitions in
709	708		7 compliance with this chapter. The notice must state:
710	709		8 (A) that remonstrance petitions must be filed not later than
711	710		9 ninety (90) days after the date that notice of the adoption of the
712	711		10 annexation ordinance was published under section 7 of this
713	712		11 chapter; and
714	713		12 (B) the last date in accordance with clause (A) that
715	714		13 remonstrance petitions must be filed with the county auditor
716	715		14 to be valid.
717	716		15 (2) A remonstrance petition may be signed at the locations
718	717		16 provided by the municipality under subsection (e). The notice
719	718		17 must provide the following information regarding each location:
720	719		18 (A) The address of the location.
721	720		19 (B) The dates and hours during which a remonstrance petition
722	721		20 may be signed at the location.
723	722		21 (e) Beginning the day after publication of the notice under
724	723		22 subsection (c) and ending not later than ninety (90) days after
725	724		23 publication of the notice under subsection (c), the municipality shall
726	725		24 provide both of the following:
727	726		25 (1) At least one (1) location in the offices of the municipality
728	727		26 where a person may sign a remonstrance petition during regular
729	728		27 business hours.
730	729		28 (2) At least one (1) additional location that is available for at least
731	730		29 five (5) days, where a person may sign a remonstrance petition.
732	731		30 The location must meet the following requirements:
733	732		31 (A) The location must be in a public building:
734	733		32 (i) owned or leased by the state or a political subdivision,
735	734		33 including a public library, community center, or parks and
736	735		34 recreation building; and
737	736		35 (ii) located within the boundaries of the municipality or the
738	737		36 annexation territory.
739	738		37 (B) The location must be open according to the following:
740	739		38 (i) On a day that the location is open on a weekday, the
741	740		39 location must be open at a minimum from 5 p.m. to 9 p.m.
742	741		40 (ii) On a day that the location is open on a Saturday or
743	742		41 Sunday, the location must be open at least four (4) hours
744	743		42 during the period from 9 a.m. to 5 p.m.
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746	745		1 (f) An additional location may not be open on a day that is a legal
747	746		2 holiday. At any location and during the hours that a remonstrance
748	747		3 petition may be signed, the municipality shall have a person present:
749	748		4 (1) to witness the signing of remonstrance petitions; and
750	749		5 (2) who shall swear and affirm before a notary public that the
751	750		6 person witnessed each person sign the remonstrance petition.
752	751		7 SECTION 14. IC 36-4-3-11.2, AS AMENDED BY P.L.206-2016,
753	752		8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
754	753		9 UPON PASSAGE]: Sec. 11.2. (a) This section applies only to an
755	754		10 annexation ordinance adopted after June 30, 2015, and before May 15,
756	755		11 2025.
757	756		12 (b) A remonstrance petition may be filed by an owner of real
758	757		13 property that:
759	758		14 (1) is within the area to be annexed;
760	759		15 (2) was not exempt from property taxes under IC 6-1.1-10 or any
761	760		16 other state law for the immediately preceding year; and
762	761		17 (3) is not subject to a valid waiver of remonstrance.
763	762		18 (c) A remonstrance petition must comply with the following in order
764	763		19 to be effective:
765	764		20 (1) Each signature on a remonstrance petition must be dated, and
766	765		21 the date of the signature may not be earlier than the date on which
767	766		22 the remonstrance forms may be issued by the county auditor
768	767		23 under subsection (e)(7).
769	768		24 (2) Each person who signs a remonstrance petition must indicate
770	769		25 the address of the real property owned by the person in the area
771	770		26 to be annexed.
772	771		27 (3) A remonstrance petition must be verified in compliance with
773	772		28 subsection (e).
774	773		29 (d) The state board of accounts shall design the remonstrance forms
775	774		30 to be used solely in the remonstrance process described in this section.
776	775		31 The state board of accounts shall provide the forms to the county
777	776		32 auditor in an electronic format that permits the county auditor to copy
778	777		33 or reproduce the forms using:
779	778		34 (1) the county auditor's own equipment; or
780	779		35 (2) a commercial copying service.
781	780		36 The annexing municipality shall reimburse the county auditor for the
782	781		37 cost of reproducing the remonstrance forms.
783	782		38 (e) The county auditor's office shall issue remonstrance forms
784	783		39 accompanied by instructions detailing all of the following
785	784		40 requirements:
786	785		41 (1) The closing date for the remonstrance period.
787	786		42 (2) Only one (1) person having an interest in each single property
788		-	SB 126—LS 6546/DI 87 19
	787	+	2025 IN 126—LS 6546/DI 87 19
789	788		1 as evidenced by the tax duplicate is considered an owner of
790	789		2 property and may sign a remonstrance petition. A person is
791	790		3 entitled to sign a petition only one (1) time in a remonstrance
792	791		4 process, regardless of whether the person owns more than one (1)
793	792		5 parcel of real property.
794	793		6 (3) An individual may not be:
795	794		7 (A) compensated for; or
796	795		8 (B) reimbursed for expenses incurred in;
797	796		9 circulating a remonstrance petition and obtaining signatures.
798	797		10 (4) The remonstrance petition may be executed in several
799	798		11 counterparts, the total of which constitutes the remonstrance
800	799		12 petition. An affidavit of the person circulating a counterpart must
801	800		13 be attached to the counterpart. The affidavit must state that each
802	801		14 signature appearing on the counterpart was affixed in the person's
803	802		15 presence and is the true and lawful signature of the signer. The
804	803		16 affidavit must be notarized.
805	804		17 (5) A remonstrance petition that is not executed in counterparts
806	805		18 must be verified by the person signing the petition in the manner
807	806		19 prescribed by the state board of accounts and notarized.
808	807		20 (6) A remonstrance petition may be delivered to the county
809	808		21 auditor's office in person or by:
810	809		22 (A) certified mail, return receipt requested; or
811	810		23 (B) any other means of delivery that includes a return receipt.
812	811		24 The remonstrance petition must be postmarked not later than the
813	812		25 closing date for the remonstrance period.
814	813		26 (7) The county auditor's office may not issue a remonstrance
815	814		27 petition earlier than the day that notice is published under section
816	815		28 11.1 of this chapter. The county auditor's office shall certify the
817	816		29 date of issuance on each remonstrance petition. Any person may
818	817		30 pick up additional copies of the remonstrance petition to
819	818		31 distribute to other persons.
820	819		32 (8) A person who signs a remonstrance petition may withdraw the
821	820		33 person's signature from a remonstrance petition before a
822	821		34 remonstrance petition is filed with the county auditor by filing a
823	822		35 verified request to remove the person's name from the
824	823		36 remonstrance petition. Names may not be added to a
825	824		37 remonstrance petition after the remonstrance petition is filed with
826	825		38 the county auditor.
827	826		39 (f) The county auditor shall prepare and update weekly a list of the
828	827		40 persons who have signed a remonstrance petition. The list must include
829	828		41 a statement that the list includes all persons who have signed a
830	829		42 remonstrance petition as of a particular date, and does not represent a
831		-	SB 126—LS 6546/DI 87 20
	830	+	2025 IN 126—LS 6546/DI 87 20
832	831		1 list of persons certified by the county auditor as actual landowners in
833	832		2 the annexation territory using the auditor's current tax records under
834	833		3 subsection (i). The county auditor shall post the list in the office of the
835	834		4 county auditor. The list is a public record under IC 5-14-3.
836	835		5 (g) Not later than five (5) business days after receiving the
837	836		6 remonstrance petition, the county auditor shall submit a copy of the
838	837		7 remonstrance petition to the legislative body of the annexing
839	838		8 municipality.
840	839		9 (h) Not later than fifteen (15) business days after the legislative
841	840		10 body of the annexing municipality receives a copy of the remonstrance
842	841		11 petition from the county auditor, the annexing municipality shall
843	842		12 provide documentation to the county auditor regarding any valid waiver
844	843		13 of the right of remonstrance that exists on the property within the
845	844		14 annexation territory.
846	845		15 (i) Not later than fifteen (15) business days after receiving the
847	846		16 documentation regarding any valid waiver of the right of remonstrance
848	847		17 from the annexing municipality under subsection (h), if any, the county
849	848		18 auditor's office shall make a final determination of the number of
850	849		19 owners of real property within the territory to be annexed:
851	850		20 (1) who signed the remonstrance; and
852	851		21 (2) whose property is not subject to a valid waiver of the right of
853	852		22 remonstrance;
854	853		23 using the auditor's current tax records as provided in section 2.2 of this
855	854		24 chapter. The county auditor shall file a certificate with the legislative
856	855		25 body of the annexing municipality certifying the number of property
857	856		26 owners not later than five (5) business days after making the
858	857		27 determination.
859	858		28 SECTION 15. IC 36-4-3-11.3, AS ADDED BY P.L.228-2015,
860	859		29 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
861	860		30 UPON PASSAGE]: Sec. 11.3. (a) This section applies only to an
862	861		31 annexation ordinance adopted after June 30, 2015, and before May 15,
863	862		32 2025.
864	863		33 (b) An annexation ordinance is void if a written remonstrance
865	864		34 petition is signed by one (1) of the following:
866	865		35 (1) At least sixty-five percent (65%) of the owners of land in the
867	866		36 annexed territory. An owner of land may not:
868	867		37 (A) be counted in calculating the total number of owners of
869	868		38 land in the annexation territory; or
870	869		39 (B) have the owner's signature counted on a remonstrance;
871	870		40 with regard to any single property that an owner has an interest in
872	871		41 that was exempt from property taxes under IC 6-1.1-10 or any
873	872		42 other state law for the immediately preceding year.
874		-	SB 126—LS 6546/DI 87 21
	873	+	2025 IN 126—LS 6546/DI 87 21
875	874		1 (2) The owners of at least eighty percent (80%) in assessed
876	875		2 valuation of the land in the annexed territory. Land that was
877	876		3 exempt from property taxes under IC 6-1.1-10 or any other state
878	877		4 law for the immediately preceding year may not be included in
879	878		5 calculating the total assessed valuation of the land in the
880	879		6 annexation territory. The court may not count the owner's
881	880		7 signature on a remonstrance with regard to any single property
882	881		8 that the owner has an interest in that was exempt from property
883	882		9 taxes under IC 6-1.1-10 or any other state law for the immediately
884	883		10 preceding year.
885	884		11 (c) The annexation may be appealed to the court under section 11
886	885		12 of this chapter, if a written remonstrance is signed by one (1) of the
887	886		13 following:
888	887		14 (1) At least fifty-one percent (51%) but less than sixty-five
889	888		15 percent (65%) of the owners of land. An owner of land may not:
890	889		16 (A) be counted in calculating the total number of owners of
891	890		17 land in the annexation territory; or
892	891		18 (B) have the owner's signature counted on a remonstrance;
893	892		19 with regard to any single property that the owner has an interest
894	893		20 in that was exempt from property taxes under IC 6-1.1-10 or any
895	894		21 other state law for the immediately preceding year.
896	895		22 (2) The owners of at least sixty percent (60%) but less than eighty
897	896		23 percent (80%) in assessed valuation of land in the annexed
898	897		24 territory. Land that was exempt from property taxes under
899	898		25 IC 6-1.1-10 or any other state law for the immediately preceding
900	899		26 year may not be included in calculating the total assessed
901	900		27 valuation of the land in the annexation territory. The court may
902	901		28 not count an owner's signature on a remonstrance with regard to
903	902		29 any single property that the owner has an interest in that was
904	903		30 exempt from property taxes under IC 6-1.1-10 or any other state
905	904		31 law for the immediately preceding year.
906	905		32 SECTION 16. IC 36-4-3-11.4, AS AMENDED BY THE
907	906		33 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
908	907		34 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
909	908		35 UPON PASSAGE]: Sec. 11.4. (a) This section applies only to an
910	909		36 annexation that the meets all of the following requirements:
911	910		37 (1) The annexation ordinance is adopted after December 31,
912	911		38 2016, and before May 15, 2025.
913	912		39 (2) Notwithstanding the contiguity requirements of section 1.5 of
914	913		40 this chapter, at least one-tenth (1/10) of the aggregate external
915	914		41 boundaries of the territory sought to be annexed coincides with
916	915		42 the boundaries of:
917		-	SB 126—LS 6546/DI 87 22
	916	+	2025 IN 126—LS 6546/DI 87 22
918	917		1 (A) the municipality; and
919	918		2 (B) the site of an economic development project.
920	919		3 (b) As used in this section, "economic development project" means
921	920		4 any project developed by the municipality that meets all of the
922	921		5 following requirements:
923	922		6 (1) The annexing municipality determines that the project will:
924	923		7 (A) promote significant opportunities for the gainful
925	924		employment of its citizens;8
926	925		9 (B) attract a major new business enterprise to the municipality;
927	926		10 or
928	927		11 (C) retain or expand a significant business enterprise within
929	928		12 the municipality.
930	929		13 (2) The project involves expenditures by the annexing
931	930		14 municipality for any of the following:
932	931		15 (A) Land acquisition, interests in land, site improvements,
933	932		16 infrastructure improvements, buildings, or structures.
934	933		17 (B) Rehabilitation, renovation, and enlargement of buildings
935	934		18 and structures.
936	935		19 (C) Machinery, equipment, furnishings, or facilities.
937	936		20 (D) Substance removal or remedial action.
938	937		21 (c) Notwithstanding section 11.3(b) of this chapter, even if a
939	938		22 remonstrance has enough signatures to satisfy the requirements of
940	939		23 section 11.3(b) of this chapter, the annexation ordinance is not void and
941	940		24 may be appealed to the court under section 11 of this chapter, if all of
942	941		the following requirements are met:25
943	942		26 (1) The economic development project site needs the following
944	943		27 capital services that the municipality is lawfully able to provide:
945	944		28 (A) water;
946	945		29 (B) sewer;
947	946		30 (C) gas; or
948	947		31 (D) any combination of the capital services described in
949	948		32 clauses (A) through (C).
950	949		33 (2) The municipality finds that it is in the municipality's best
951	950		34 interest to annex the annexation territory in order to extend,
952	951		35 construct, or operate the capital services that are provided to the
953	952		36 economic development project site.
954	953		37 (3) Before the date the annexation ordinance is adopted, a
955	954		38 taxpayer whose business will occupy the economic development
956	955		39 project site has done at least one (1) of the following:
957	956		40 (A) Filed a statement of benefits under IC 6-1.1-12.1 with the
958	957		41 designating body for the annexing municipality for a deduction
959	958		42 or abatement.
960		-	SB 126—LS 6546/DI 87 23
	959	+	2025 IN 126—LS 6546/DI 87 23
961	960		1 (B) Entered into an agreement with the Indiana economic
962	961		2 development corporation for a credit under IC 6-3.1-13.
963	962		3 (d) If the economic development project:
964	963		4 (1) has not commenced within twelve (12) months after the date
965	964		the annexation 5 ordinance is adopted; or
966	965		6 (2) is not completed within thirty-six (36) months after the date
967	966		7 the annexation ordinance is adopted;
968	967		8 the annexation territory is disannexed from the municipality and reverts
969	968		9 to the jurisdiction of the unit having jurisdiction before the annexation.
970	969		10 For purposes of this subsection, a an economic development project is
971	970		11 considered to have commenced on the day that the physical erection,
972	971		12 installation, alteration, repair, or remodeling of a building or structure
973	972		13 commences on the site of the economic development project.
974	973		14 SECTION 17. IC 36-4-3-11.5 IS AMENDED TO READ AS
975	974		15 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11.5. (a) A
976	975		16 landowner in an unincorporated area is not required to grant a
977	976		17 municipality a waiver against remonstrance as a condition of
978	977		18 connection to a sewer or water service if all of the following conditions
979	978		19 apply:
980	979		20 (1) The landowner is required to connect to the sewer or water
981	980		21 service because a person other than the landowner has polluted or
982	981		22 contaminated the area.
983	982		23 (2) A person other than the landowner or the municipality has
984	983		24 paid the cost of connection to the service.
985	984		25 (b) Notwithstanding any other law, a waiver against
986	985		26 remonstrance is effective and binding on a landowner or a
987	986		27 successor in title only with regard to an annexation for which the
988	987		28 annexation ordinance was adopted before May 15, 2025.
989	988		29 SECTION 18. IC 36-4-3-11.6, AS ADDED BY P.L.228-2015,
990	989		30 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
991	990		31 UPON PASSAGE]: Sec. 11.6. (a) This section applies to a
992	991		32 remonstrance filed after June 30, 2015, and before May 15, 2025.
993	992		33 (b) If the court orders an annexation not to take place after a hearing
994	993		34 under section 11 of this chapter, the remonstrators shall be reimbursed
995	994		35 by the annexing municipality for any reasonable attorney's fees,
996	995		36 including litigation expenses and appeal costs:
997	996		37 (1) that are incurred:
998	997		38 (A) after the date the annexation ordinance is adopted; and
999	998		39 (B) in remonstrating against the annexation; and
1000	999		40 (2) not to exceed thirty-seven thousand five hundred dollars
1001	1000		41 ($37,500).
1002	1001		42 SECTION 19. IC 36-4-3-11.7, AS AMENDED BY P.L.257-2019,
1003		-	SB 126—LS 6546/DI 87 24
	1002	+	2025 IN 126—LS 6546/DI 87 24
1004	1003		1 SECTION 112, IS AMENDED TO READ AS FOLLOWS
1005	1004		2 [EFFECTIVE UPON PASSAGE]: Sec. 11.7. (a) This subsection
1006	1005		3 applies to any deed recorded after June 30, 2015. This subsection
1007	1006		4 applies only to property that is subject to a remonstrance waiver. A
1008	1007		5 municipality shall, within a reasonable time after the recording of a
1009	1008		6 deed to property located within the municipality, provide written notice
1010	1009		7 to the property owner that a waiver of the right of remonstrance exists
1011	1010		8 with respect to the property.
1012	1011		9 (b) A remonstrance waiver executed before July 1, 2003, is void.
1013	1012		10 This subsection does not invalidate an annexation that was effective on
1014	1013		11 or before July 1, 2019.
1015	1014		12 (c) A remonstrance waiver executed after June 30, 2003, and before
1016	1015		13 July 1, 2019, is subject to the following:
1017	1016		14 (1) The waiver is void unless the waiver was recorded:
1018	1017		15 (A) before January 1, 2020; and
1019	1018		16 (B) with the county recorder of the county where the property
1020	1019		17 subject to the waiver is located.
1021	1020		18 (2) A waiver that is not void under subdivision (1) expires not
1022	1021		19 later than fifteen (15) years after the date the waiver is executed.
1023	1022		20 This subsection does not invalidate an annexation that was effective on
1024	1023		21 or before July 1, 2019.
1025	1024		22 (d) A remonstrance waiver executed after June 30, 2019, is subject
1026	1025		23 to the following: (1) The waiver is void unless the waiver is must be
1027	1026		24 recorded (A) not later than thirty (30) business days after the date the
1028	1027		25 waiver was executed and (B) with the county recorder of the county
1029	1028		26 where the property subject to the waiver is located. (2) A waiver that
1030	1029		27 is not void under subdivision (1) expires not later than fifteen (15)
1031	1030		28 years after the date the waiver is executed. This subsection does not
1032	1031		29 invalidate an annexation that was effective on or before July 1, 2019.
1033	1032		30 (e) Notwithstanding any other law, a remonstrance waiver is
1034	1033		31 effective and binding on a landowner or a successor in title only
1035	1034		32 with regard to an annexation for which the annexation ordinance
1036	1035		33 was adopted before May 15, 2025.
1037	1036		34 SECTION 20. IC 36-4-3-12, AS AMENDED BY P.L.104-2022,
1038	1037		35 SECTION 158, IS AMENDED TO READ AS FOLLOWS
1039	1038		36 [EFFECTIVE UPON PASSAGE]: Sec. 12. The circuit or superior court
1040	1039		37 shall:
1041	1040		38 (1) on the date fixed under:
1042	1041		39 (A) section 11 of this chapter (in the case of an annexation
1043	1042		40 for which an annexation ordinance is adopted before May
1044	1043		41 15, 2025), hear and determine the remonstrance without a jury;
1045	1044		42 or
1046		-	SB 126—LS 6546/DI 87 25
	1045	+	2025 IN 126—LS 6546/DI 87 25
1047	1046		1 (B) section 5.5 of this chapter (in the case of an annexation
1048	1047		2 for which an annexation ordinance is adopted after May
1049	1048		3 14, 2025), hear and determine the petition without a jury;
1050	1049		4 and
1051	1050		5 (2) without delay, enter judgment on the question of the
1052	1051		6 annexation according to the evidence that either party may
1053	1052		7 introduce.
1054	1053		8 SECTION 21. IC 36-4-3-13, AS AMENDED BY P.L.70-2022,
1055	1054		9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1056	1055		10 UPON PASSAGE]: Sec. 13. (a) Except as provided in subsection (e),
1057	1056		11 at the hearing under section 12 of this chapter, the court shall order a
1058	1057		12 proposed annexation to take place if the following requirements are
1059	1058		13 met:
1060	1059		14 (1) The requirements of either subsection (b) or (c).
1061	1060		15 (2) The requirements of subsection (d).
1062	1061		16 (3) The requirements of subsection (i) (in the case of an
1063	1062		17 annexation for which an annexation ordinance is adopted
1064	1063		18 before May 15, 2025).
1065	1064		19 (b) The requirements of this subsection are met if the evidence
1066	1065		20 establishes the following:
1067	1066		21 (1) That the territory sought to be annexed is contiguous to the
1068	1067		22 municipality.
1069	1068		23 (2) One (1) of the following:
1070	1069		24 (A) The resident population density of the territory sought to
1071	1070		25 be annexed is at least three (3) persons per acre.
1072	1071		26 (B) Sixty percent (60%) of the territory is subdivided.
1073	1072		27 (C) The territory is zoned for commercial, business, or
1074	1073		28 industrial uses.
1075	1074		29 (c) The requirements of this subsection are met if the evidence
1076	1075		30 establishes one (1) of the following:
1077	1076		31 (1) That the territory sought to be annexed is:
1078	1077		32 (A) contiguous to the municipality as required by section 1.5
1079	1078		33 of this chapter, except that at least one-fourth (1/4), instead of
1080	1079		34 one-eighth (1/8), of the aggregate external boundaries of the
1081	1080		35 territory sought to be annexed must coincide with the
1082	1081		36 boundaries of the municipality; and
1083	1082		37 (B) needed and can be used by the municipality for its
1084	1083		38 development in the reasonably near future.
1085	1084		39 (2) This subdivision applies only to an annexation for which an
1086	1085		40 annexation ordinance is adopted after December 31, 2016, and
1087	1086		41 before May 15, 2025. That the territory sought to be annexed
1088	1087		42 involves an economic development project and the requirements
1089		-	SB 126—LS 6546/DI 87 26
	1088	+	2025 IN 126—LS 6546/DI 87 26
1090	1089		1 of section 11.4 of this chapter are met.
1091	1090		2 (3) The territory is described in section 5.2 of this chapter.
1092	1091		3 (d) The requirements of this subsection are met if the evidence
1093	1092		4 establishes that the municipality has developed and adopted a written
1094	1093		5 fiscal plan and has established a definite policy, by resolution of the
1095	1094		6 legislative body as set forth in section 3.1 of this chapter. The fiscal
1096	1095		7 plan must show the following:
1097	1096		8 (1) The cost estimates of planned services to be furnished to the
1098	1097		9 territory to be annexed. The plan must present itemized estimated
1099	1098		10 costs for each municipal department or agency.
1100	1099		11 (2) The method or methods of financing the planned services. The
1101	1100		12 plan must explain how specific and detailed expenses will be
1102	1101		13 funded and must indicate the taxes, grants, and other funding to
1103	1102		14 be used.
1104	1103		15 (3) The plan for the organization and extension of services. The
1105	1104		16 plan must detail the specific services that will be provided and the
1106	1105		17 dates the services will begin.
1107	1106		18 (4) That planned services of a noncapital nature, including police
1108	1107		19 protection, fire protection, street and road maintenance, and other
1109	1108		20 noncapital services normally provided within the corporate
1110	1109		21 boundaries, will be provided to the annexed territory within one
1111	1110		22 (1) year after the effective date of annexation and that they will be
1112	1111		23 provided in a manner equivalent in standard and scope to those
1113	1112		24 noncapital services provided to areas within the corporate
1114	1113		25 boundaries regardless of similar topography, patterns of land use,
1115	1114		26 and population density.
1116	1115		27 (5) That services of a capital improvement nature, including street
1117	1116		28 construction, street lighting, sewer facilities, water facilities, and
1118	1117		29 storm water drainage facilities, will be provided to the annexed
1119	1118		30 territory within three (3) years after the effective date of the
1120	1119		31 annexation in the same manner as those services are provided to
1121	1120		32 areas within the corporate boundaries, regardless of similar
1122	1121		33 topography, patterns of land use, and population density, and in
1123	1122		34 a manner consistent with federal, state, and local laws,
1124	1123		35 procedures, and planning criteria.
1125	1124		36 (6) This subdivision applies to a fiscal plan prepared after June
1126	1125		37 30, 2015. The estimated effect of the proposed annexation on
1127	1126		38 taxpayers in each of the political subdivisions to which the
1128	1127		39 proposed annexation applies, including the expected tax rates, tax
1129	1128		40 levies, expenditure levels, service levels, and annual debt service
1130	1129		41 payments in those political subdivisions for four (4) years after
1131	1130		42 the effective date of the annexation.
1132		-	SB 126—LS 6546/DI 87 27
	1131	+	2025 IN 126—LS 6546/DI 87 27
1133	1132		1 (7) This subdivision applies to a fiscal plan prepared after June
1134	1133		2 30, 2015. The estimated effect the proposed annexation will have
1135	1134		3 on municipal finances, specifically how municipal tax revenues
1136	1135		4 will be affected by the annexation for four (4) years after the
1137	1136		5 effective date of the annexation.
1138	1137		6 (8) This subdivision applies to a fiscal plan prepared after June
1139	1138		7 30, 2015. Any estimated effects on political subdivisions in the
1140	1139		8 county that are not part of the annexation and on taxpayers
1141	1140		9 located in those political subdivisions for four (4) years after the
1142	1141		10 effective date of the annexation.
1143	1142		11 (9) This subdivision applies to a fiscal plan prepared after June
1144	1143		12 30, 2015. A list of all parcels of property in the annexation
1145	1144		13 territory and the following information regarding each parcel:
1146	1145		14 (A) The name of the owner of the parcel.
1147	1146		15 (B) The parcel identification number.
1148	1147		16 (C) The most recent assessed value of the parcel.
1149	1148		17 (D) The existence of a known waiver of the right to
1150	1149		18 remonstrate on the parcel. This clause applies only to a fiscal
1151	1150		19 plan prepared after June 30, 2016, and before May 15, 2025.
1152	1151		20 (e) At the hearing under section 12 of this chapter with regard to
1153	1152		21 an annexation for which an annexation ordinance was adopted
1154	1153		22 before May 15, 2025, the court shall do the following:
1155	1154		23 (1) Consider evidence on the conditions listed in subdivision (2).
1156	1155		24 (2) Order a proposed annexation not to take place if the court
1157	1156		25 finds that all of the following conditions that are applicable to the
1158	1157		26 annexation exist in the territory proposed to be annexed:
1159	1158		27 (A) This clause applies only to an annexation for which an
1160	1159		28 annexation ordinance was adopted before July 1, 2015. The
1161	1160		29 following services are adequately furnished by a provider
1162	1161		30 other than the municipality seeking the annexation:
1163	1162		31 (i) Police and fire protection.
1164	1163		32 (ii) Street and road maintenance.
1165	1164		33 (B) The annexation will have a significant financial impact on
1166	1165		34 the residents or owners of land. The court may not consider:
1167	1166		35 (i) the personal finances; or
1168	1167		36 (ii) the business finances;
1169	1168		37 of a resident or owner of land. The personal and business
1170	1169		38 financial records of the residents or owners of land, including
1171	1170		39 state, federal, and local income tax returns, may not be subject
1172	1171		40 to a subpoena or discovery proceedings.
1173	1172		41 (C) The annexation is not in the best interests of the owners of
1174	1173		42 land in the territory proposed to be annexed as set forth in
1175		-	SB 126—LS 6546/DI 87 28
	1174	+	2025 IN 126—LS 6546/DI 87 28
1176	1175		1 subsection (f).
1177	1176		2 (D) This clause applies only to an annexation for which an
1178	1177		3 annexation ordinance is adopted before July 1, 2015. One (1)
1179	1178		4 of the following opposes the annexation:
1180	1179		5 (i) At least sixty-five percent (65%) of the owners of land in
1181	1180		6 the territory proposed to be annexed.
1182	1181		7 (ii) The owners of more than seventy-five percent (75%) in
1183	1182		8 assessed valuation of the land in the territory proposed to be
1184	1183		9 annexed.
1185	1184		10 Evidence of opposition may be expressed by any owner of land
1186	1185		11 in the territory proposed to be annexed.
1187	1186		12 (E) This clause applies only to an annexation for which an
1188	1187		13 annexation ordinance is adopted after June 30, 2015, and
1189	1188		14 before May 15, 2025. One (1) of the following opposes the
1190	1189		15 annexation:
1191	1190		16 (i) At least fifty-one percent (51%) of the owners of land in
1192	1191		17 the territory proposed to be annexed.
1193	1192		18 (ii) The owners of more than sixty percent (60%) in assessed
1194	1193		19 valuation of the land in the territory proposed to be annexed.
1195	1194		20 The remonstrance petitions filed with the court under section
1196	1195		21 11 of this chapter are evidence of the number of owners of
1197	1196		22 land that oppose the annexation, minus any written revocations
1198	1197		23 of remonstrances that are filed with the court under section 11
1199	1198		24 of this chapter.
1200	1199		25 (F) This clause applies only to an annexation for which an
1201	1200		26 annexation ordinance is adopted before July 1, 2015. This
1202	1201		27 clause applies only to an annexation in which eighty percent
1203	1202		28 (80%) of the boundary of the territory proposed to be annexed
1204	1203		29 is contiguous to the municipality and the territory consists of
1205	1204		30 not more than one hundred (100) parcels. At least seventy-five
1206	1205		31 percent (75%) of the owners of land in the territory proposed
1207	1206		32 to be annexed oppose the annexation as determined under
1208	1207		33 section 11(b) of this chapter.
1209	1208		34 (f) This subsection applies only to an annexation for which an
1210	1209		35 annexation ordinance is adopted before May 15, 2025. The
1211	1210		36 municipality under subsection (e)(2)(C) bears the burden of proving
1212	1211		37 that the annexation is in the best interests of the owners of land in the
1213	1212		38 territory proposed to be annexed. In determining this issue, the court
1214	1213		39 may consider whether the municipality has extended sewer or water
1215	1214		40 services to the entire territory to be annexed:
1216	1215		41 (1) within the three (3) years preceding the date of the
1217	1216		42 introduction of the annexation ordinance; or
1218		-	SB 126—LS 6546/DI 87 29
	1217	+	2025 IN 126—LS 6546/DI 87 29
1219	1218		1 (2) under a contract in lieu of annexation entered into under
1220	1219		2 IC 36-4-3-21. section 21 of this chapter.
1221	1220		3 The court may not consider the provision of water services as a result
1222	1221		4 of an order by the Indiana utility regulatory commission to constitute
1223	1222		5 the provision of water services to the territory to be annexed.
1224	1223		6 (g) The most recent:
1225	1224		7 (1) federal decennial census;
1226	1225		8 (2) federal special census;
1227	1226		9 (3) special tabulation; or
1228	1227		10 (4) corrected population count;
1229	1228		11 shall be used as evidence of resident population density for purposes
1230	1229		12 of subsection (b)(2)(A), but this evidence may be rebutted by other
1231	1230		13 evidence of population density.
1232	1231		14 (h) A municipality that prepares a fiscal plan after June 30, 2015,
1233	1232		15 must comply with this subsection. A municipality may not amend the
1234	1233		16 fiscal plan after the date that:
1235	1234		17 (1) a remonstrance is filed with the court under section 11 of this
1236	1235		18 chapter (in the case of an annexation for which an annexation
1237	1236		19 ordinance was adopted before May 15, 2025); or
1238	1237		20 (2) a petition is filed with the court under section 5.5 of this
1239	1238		21 chapter (in the case of an annexation for which an annexation
1240	1239		22 ordinance was adopted after May 14, 2025);
1241	1240		23 unless amendment of the fiscal plan is consented to by at least
1242	1241		24 sixty-five percent (65%) of the persons who signed the remonstrance
1243	1242		25 or the petition.
1244	1243		26 (i) The municipality must submit proof that the municipality has
1245	1244		27 complied with:
1246	1245		28 (1) the outreach program requirements and notice requirements
1247	1246		29 of section 1.7 of this chapter; and
1248	1247		30 (2) the requirements of section 11.1 of this chapter (in the case of
1249	1248		31 an annexation for which an annexation ordinance was
1250	1249		32 adopted after June 30, 2015, and before May 15, 2025).
1251	1250		33 SECTION 22. IC 36-4-3-15, AS AMENDED BY P.L.228-2015,
1252	1251		34 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1253	1252		35 UPON PASSAGE]: Sec. 15. (a) The court's judgment under section 12
1254	1253		36 or 15.5 of this chapter must specify the annexation ordinance. on which
1255	1254		37 the remonstrance is based. The clerk of the court shall deliver a
1256	1255		38 certified copy of the final and unappealable judgment to the clerk of the
1257	1256		39 municipality. The clerk of the municipality shall:
1258	1257		40 (1) record the judgment in the clerk's ordinance record; and
1259	1258		41 (2) make a cross-reference to the record of the judgment on the
1260	1259		42 margin of the record of the annexation ordinance.
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1262	1261		1 (b) If a final and unappealable judgment under section 12 or 15.5 of
1263	1262		2 this chapter is adverse to annexation, the municipality may not make
1264	1263		3 further attempts to annex the territory or any part of the territory during
1265	1264		4 the four (4) years after the later of:
1266	1265		5 (1) the judgment of the circuit or superior court; or
1267	1266		6 (2) the date of the final disposition of all appeals to a higher court;
1268	1267		7 unless the annexation is petitioned for under section 5 or 5.1 of this
1269	1268		8 chapter.
1270	1269		9 (c) This subsection applies if a municipality repeals the annexation
1271	1270		10 ordinance:
1272	1271		11 (1) less than sixty-one (61) days after the publication of the
1273	1272		12 ordinance under section 7(a) of this chapter; and
1274	1273		13 (2) before the hearing commences:
1275	1274		14 (A) on the remonstrance under section 11(c) of this chapter (in
1276	1275		the 15 case of an annexation for which an annexation
1277	1276		16 ordinance is adopted before May 15, 2025); or
1278	1277		(B) on the petition under section 12 of this chapter (in the17
1279	1278		18 case of an annexation for which an annexation ordinance
1280	1279		19 is adopted after May 14, 2025).
1281	1280		20 A municipality may not make further attempts to annex the territory or
1282	1281		21 any part of the territory during the twelve (12) months after the date the
1283	1282		22 municipality repeals the annexation ordinance. This subsection does
1284	1283		23 not prohibit an annexation of the territory or part of the territory that is
1285	1284		24 petitioned for under section 5 or 5.1 of this chapter.
1286	1285		25 (d) This subsection applies if a municipality repeals the annexation
1287	1286		26 ordinance:
1288	1287		27 (1) at least sixty-one (61) days but not more than one hundred
1289	1288		28 twenty (120) days after the publication of the ordinance under
1290	1289		29 section 7(a) of this chapter; and
1291	1290		30 (2) before the hearing commences:
1292	1291		31 (A) on the remonstrance under section 11(c) of this chapter (in
1293	1292		32 the case of an annexation for which an annexation
1294	1293		33 ordinance is adopted before May 15, 2025); or
1295	1294		(B) on the petition under section 12 of this chapter (in the34
1296	1295		35 case of an annexation for which an annexation ordinance
1297	1296		36 is adopted after May 14, 2025).
1298	1297		37 A municipality may not make further attempts to annex the territory or
1299	1298		38 any part of the territory during the twenty-four (24) months after the
1300	1299		39 date the municipality repeals the annexation ordinance. This subsection
1301	1300		40 does not prohibit an annexation of the territory or part of the territory
1302	1301		41 that is petitioned for under section 5 or 5.1 of this chapter.
1303	1302		42 (e) This subsection applies if a municipality repeals the annexation
1304		-	SB 126—LS 6546/DI 87 31
	1303	+	2025 IN 126—LS 6546/DI 87 31
1305	1304		1 ordinance:
1306	1305		2 (1) either:
1307	1306		3 (A) at least one hundred twenty-one (121) days after
1308	1307		4 publication of the ordinance under section 7(a) of this chapter
1309	1308		5 but before the hearing commences:
1310	1309		6 (i) on the remonstrance under section 11(c) of this chapter
1311	1310		7 (in the case of an annexation for which an annexation
1312	1311		8 ordinance is adopted before May 15, 2025); or
1313	1312		(ii) on the petition under section 12 of this chapter (in the9
1314	1313		10 case of an annexation for which an annexation ordinance
1315	1314		11 is adopted after May 14, 2025); or
1316	1315		12 (B) after the hearing commences:
1317	1316		13 (i) on the remonstrance as set forth in section 11(c) of this
1318	1317		14 chapter (in the case of an annexation for which an
1319	1318		15 annexation ordinance is adopted before May 15, 2025);
1320	1319		16 or
1321	1320		(ii) on the petition under section 12 of this chapter (in the17
1322	1321		18 case of an annexation for which an annexation ordinance
1323	1322		19 is adopted after May 14, 2025); and
1324	1323		20 (2) before the date of the judgment of the circuit or superior court
1325	1324		21 as set forth in subsection (b).
1326	1325		22 A municipality may not make further attempts to annex the territory or
1327	1326		23 any part of the territory during the forty-two (42) months after the date
1328	1327		24 the municipality repeals the annexation ordinance. This subsection
1329	1328		25 does not prohibit an annexation of the territory or part of the territory
1330	1329		26 that is petitioned for under section 5 or 5.1 of this chapter.
1331	1330		27 (f) An annexation is effective when the clerk of the municipality
1332	1331		28 complies with the filing requirement of section 22(a) of this chapter.
1333	1332		29 SECTION 23. IC 36-4-3-15.3, AS AMENDED BY P.L.156-2020,
1334	1333		30 SECTION 138, IS AMENDED TO READ AS FOLLOWS
1335	1334		31 [EFFECTIVE UPON PASSAGE]: Sec. 15.3. (a) As used in this
1336	1335		32 section, "prohibition against annexation" means that a municipality
1337	1336		33 may not make further attempts to annex certain territory or any part of
1338	1337		34 that territory.
1339	1338		35 (b) As used in this section, "settlement agreement" means a written
1340	1339		36 court approved settlement of a dispute involving annexation under this
1341	1340		37 chapter between a municipality and remonstrators.
1342	1341		38 (c) Under a settlement agreement between the annexing
1343	1342		39 municipality and either:
1344	1343		40 (1) seventy-five percent (75%) or more of all landowners
1345	1344		41 participating in the remonstrance; or
1346	1345		42 (2) the owners of more than seventy-five percent (75%) in
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	1346	+	2025 IN 126—LS 6546/DI 87 32
1348	1347		1 assessed valuation of the land owned by all landowners
1349	1348		2 participating in the remonstrance;
1350	1349		3 the parties may mutually agree to a prohibition against annexation of
1351	1350		4 all or part of the territory by the municipality for a period not to exceed
1352	1351		5 twenty (20) years. The settlement agreement may address issues and
1353	1352		6 bind the parties to matters relating to the provision by a municipality
1354	1353		7 of planned services of a noncapital nature and services of a capital
1355	1354		8 improvement nature (as described in section 13(d) of this chapter), in
1356	1355		9 addition to a prohibition against annexation. The settlement agreement
1357	1356		10 is binding upon the successors, heirs, and assigns of the parties to the
1358	1357		11 agreement. However, the settlement agreement may be amended or
1359	1358		12 revised periodically on further agreement between the annexing
1360	1359		13 municipality and landowners who meet the qualifications of
1361	1360		14 subdivision (1) or (2).
1362	1361		15 (d) A settlement agreement executed after May 14, 2025, is void.
1363	1362		16 SECTION 24. IC 36-4-3-16 IS AMENDED TO READ AS
1364	1363		17 FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 16. (a) This
1365	1364		18 section does not apply to an annexation under:
1366	1365		19 (1) section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter; or
1367	1366		20 (2) section 5.1 of this chapter, for which an annexation
1368	1367		21 ordinance is adopted after May 14, 2025.
1369	1368		22 (a) (b) Within one (1) year after the expiration of:
1370	1369		23 (1) the one (1) year period for implementation of planned services
1371	1370		24 of a noncapital nature under section 13(d)(4) of this chapter; or
1372	1371		25 (2) the three (3) year period for the implementation of planned
1373	1372		26 services of a capital improvement nature under section 13(d)(5)
1374	1373		27 of this chapter;
1375	1374		28 any person who pays taxes on property located within the annexed
1376	1375		29 territory may file a complaint alleging injury resulting from the failure
1377	1376		30 of the municipality to implement the plan. The complaint must name
1378	1377		31 the municipality as defendant and shall be filed with the circuit or
1379	1378		32 superior court of the county in which the annexed territory is located.
1380	1379		33 (b) (c) The court shall hear the case within sixty (60) days without
1381	1380		34 a jury. In order to be granted relief, the plaintiff must establish one (1)
1382	1381		35 of the following:
1383	1382		36 (1) That the municipality has without justification failed to
1384	1383		37 implement the plan required by section 13 of this chapter within
1385	1384		38 the specific time limit for implementation after annexation.
1386	1385		39 (2) That the municipality has not provided police protection, fire
1387	1386		40 protection, sanitary sewers, and water for human consumption
1388	1387		41 within the specific time limit for implementation, unless one (1)
1389	1388		42 of these services is being provided by a separate taxing district or
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	1389	+	2025 IN 126—LS 6546/DI 87 33
1391	1390		1 by a privately owned public utility.
1392	1391		2 (3) That the annexed territory is not receiving governmental and
1393	1392		3 proprietary services substantially equivalent in standard and scope
1394	1393		4 to the services provided by the municipality to other areas of the
1395	1394		5 municipality, regardless of topography, patterns of land use, and
1396	1395		6 population density similar to the annexed territory.
1397	1396		7 (c) (d) The court may:
1398	1397		8 (1) grant an injunction prohibiting the collection of taxes levied
1399	1398		9 by the municipality on the plaintiff's property located in the
1400	1399		10 annexed territory;
1401	1400		11 (2) award damages to the plaintiff not to exceed one and
1402	1401		12 one-fourth (1 1/4) times the taxes collected by the municipality
1403	1402		13 for the plaintiff's property located in the annexed territory;
1404	1403		14 (3) order the annexed territory or any part of it to be disannexed
1405	1404		15 from the municipality;
1406	1405		16 (4) order the municipality to submit a revised fiscal plan for
1407	1406		17 providing the services to the annexed territory within time limits
1408	1407		18 set up by the court; or
1409	1408		19 (5) grant any other appropriate relief.
1410	1409		20 (d) (e) A change of venue from the county is not permitted for an
1411	1410		21 action brought under this section.
1412	1411		22 (e) (f) If the court finds for the plaintiff, the defendant shall pay all
1413	1412		23 court costs and reasonable attorney's fees as approved by the court.
1414	1413		24 (f) (g) The provisions of this chapter that apply to territory
1415	1414		25 disannexed by other procedures apply to territory disannexed under this
1416	1415		26 section.
1417	1416		27 SECTION 25. IC 36-4-3-22, AS AMENDED BY P.L.38-2021,
1418	1417		28 SECTION 84, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1419	1418		29 UPON PASSAGE]: Sec. 22. (a) The clerk of the municipality shall file:
1420	1419		30 (1) each annexation ordinance:
1421	1420		31 (A) against which:
1422	1421		32 (A) (i) a remonstrance (in the case of an annexation for
1423	1422		33 which an annexation ordinance is adopted before May
1424	1423		34 15, 2025); or
1425	1424		35 (ii) an appeal;
1426	1425		36 has not been filed during the period permitted under this
1427	1426		37 chapter; or
1428	1427		38 (B) against which a remonstrance was filed without a
1429	1428		39 sufficient number of signatures to meet the requirements of
1430	1429		40 section 11.3(c) of this chapter, in the case of an annexation for
1431	1430		41 which an annexation ordinance was adopted after June 30,
1432	1431		42 2015, and before May 15, 2025; or
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	1432	+	2025 IN 126—LS 6546/DI 87 34
1434	1433		1 (2) the certified copy of a final and unappealable judgment
1435	1434		2 ordering an annexation to take place;
1436	1435		3 with the county auditor, circuit court clerk, and board of registration (if
1437	1436		4 a board of registration exists) of each county in which the annexed
1438	1437		5 territory is located, the office of the secretary of state, and the office of
1439	1438		6 census data established by IC 2-5-1.1-12.2. The clerk of the
1440	1439		7 municipality shall record each annexation ordinance adopted under this
1441	1440		8 chapter in the office of the county recorder of each county in which the
1442	1441		9 annexed territory is located.
1443	1442		10 (b) The ordinance or judgment must be filed and recorded no later
1444	1443		11 than ninety (90) days after:
1445	1444		12 (1) the expiration of the period permitted for:
1446	1445		13 (A) a remonstrance (in the case of an annexation for which
1447	1446		14 an annexation ordinance is adopted before May 15, 2025);
1448	1447		15 or
1449	1448		16 (B) an appeal under section 15.5 of this chapter;
1450	1449		17 (2) the delivery of a certified order under section 15 of this
1451	1450		18 chapter; or
1452	1451		19 (3) the date the county auditor files the written certification with
1453	1452		20 the legislative body under section 11.2 of this chapter, in the case
1454	1453		21 of an annexation:
1455	1454		22 (A) described in subsection (a)(1)(B); and
1456	1455		23 (B) for which an annexation ordinance is adopted before
1457	1456		24 May 15, 2025.
1458	1457		25 (c) Failure to record the annexation ordinance as provided in
1459	1458		26 subsection (a) does not invalidate the ordinance.
1460	1459		27 (d) The county auditor shall forward a copy of any annexation
1461	1460		28 ordinance filed under this section to the following:
1462	1461		29 (1) The county highway department of each county in which the
1463	1462		30 lots or lands affected are located.
1464	1463		31 (2) The county surveyor of each county in which the lots or lands
1465	1464		32 affected are located.
1466	1465		33 (3) Each plan commission, if any, that lost or gained jurisdiction
1467	1466		34 over the annexed territory.
1468	1467		35 (4) The sheriff of each county in which the lots or lands affected
1469	1468		36 are located.
1470	1469		37 (5) The township trustee of each township that lost or gained
1471	1470		38 jurisdiction over the annexed territory.
1472	1471		39 (6) The office of the secretary of state.
1473	1472		40 (7) The office of census data established by IC 2-5-1.1-12.2.
1474	1473		41 (8) The department of local government finance, not later than
1475	1474		42 August 1, in the manner described by the department.
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1477	1476		1 (e) The county auditor may require the clerk of the municipality to
1478	1477		2 furnish an adequate number of copies of the annexation ordinance or
1479	1478		3 may charge the clerk a fee for photoreproduction of the ordinance. The
1480	1479		4 county auditor shall notify the office of the secretary of state and the
1481	1480		5 office of census data established by IC 2-5-1.1-12.2 of the date that the
1482	1481		6 annexation ordinance is effective under this chapter.
1483	1482		7 (f) The county auditor or county surveyor shall, upon determining
1484	1483		8 that an annexation ordinance has become effective under this chapter,
1485	1484		9 indicate the annexation upon the property taxation records maintained
1486	1485		10 in the office of the auditor or the office of the county surveyor.
1487	1486		11 SECTION 26. IC 36-4-7-7, AS AMENDED BY P.L.104-2022,
1488	1487		12 SECTION 162, IS AMENDED TO READ AS FOLLOWS
1489	1488		13 [EFFECTIVE UPON PASSAGE]: Sec. 7. (a) The fiscal officer shall
1490	1489		14 present the report of budget estimates to the city legislative body under
1491	1490		15 IC 6-1.1-17. After reviewing the report, the legislative body shall
1492	1491		16 prepare an ordinance fixing the rate of taxation for the ensuing budget
1493	1492		17 year and an ordinance making appropriations for the estimated
1494	1493		18 department budgets and other city purposes during the ensuing budget
1495	1494		19 year. The legislative body, in the appropriation ordinance, may reduce
1496	1495		20 any estimated item from the figure submitted in the report of the fiscal
1497	1496		21 officer, but it may increase an item only if the executive recommends
1498	1497		22 an increase. The legislative body shall promptly act on the
1499	1498		23 appropriation ordinance.
1500	1499		24 (b) In preparing the ordinances described in subsection (a) the
1501	1500		25 legislative body shall make an allowance for the cost of fire protection
1502	1501		26 to annexed territory described in IC 36-4-3-7(c), IC 36-4-3-7(e), for the
1503	1502		27 year fire protection is first offered to that territory.
1504	1503		28 SECTION 27. IC 36-9-22-2, AS AMENDED BY P.L.156-2020,
1505	1504		29 SECTION 148, IS AMENDED TO READ AS FOLLOWS
1506	1505		30 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The power of the
1507	1506		31 municipal works board to fix the terms of a contract under this section
1508	1507		32 applies to contracts for the installation of sewage works that have not
1509	1508		33 been finally approved or accepted for full maintenance and operation
1510	1509		34 by the municipality on July 1, 1979.
1511	1510		35 (b) The works board of a municipality may contract with owners of
1512	1511		36 real property for the construction of sewage works within the
1513	1512		37 municipality or within four (4) miles outside its corporate boundaries
1514	1513		38 in order to provide service for the area in which the real property of the
1515	1514		39 owners is located. The contract must provide, for a period of not to
1516	1515		40 exceed fifteen (15) years, for the payment to the owners and their
1517	1516		41 assigns by any owner of real property who:
1518	1517		42 (1) did not contribute to the original cost of the sewage works;
1519		-	SB 126—LS 6546/DI 87 36
	1518	+	2025 IN 126—LS 6546/DI 87 36
1520	1519		1 and
1521	1520		2 (2) subsequently taps into, uses, or deposits sewage or storm
1522	1521		3 waters in the sewage works or any lateral sewers connected to
1523	1522		4 them;
1524	1523		5 of a fair pro rata share of the cost of the construction of the sewage
1525	1524		6 works, subject to the rules of the board and notwithstanding any other
1526	1525		7 law relating to the functions of local governmental entities. However,
1527	1526		8 the contract does not apply to any owner of real property who is not a
1528	1527		9 party to the contract unless the contract or (after June 30, 2013) a
1529	1528		10 signed memorandum of the contract has been recorded in the office of
1530	1529		11 the recorder of the county in which the real property of the owner is
1531	1530		12 located before the owner taps into or connects to the sewers and
1532	1531		13 facilities. The board may provide that the fair pro rata share of the cost
1533	1532		14 of construction includes interest at a rate not exceeding the amount of
1534	1533		15 interest allowed on judgments, and the interest shall be computed from
1535	1534		16 the date the sewage works are approved until the date payment is made
1536	1535		17 to the municipality.
1537	1536		18 (c) The contract must include, as part of the consideration running
1538	1537		19 to the municipality, the release of the right of:
1539	1538		20 (1) the parties to the contract; and
1540	1539		21 (2) the successors in title of the parties to the contract;
1541	1540		22 to remonstrate against pending or future annexations by the
1542	1541		23 municipality of the area served by the sewage works. Any person
1543	1542		24 tapping into or connecting to the sewage works contracted for is
1544	1543		25 considered to waive the person's rights to remonstrate against the
1545	1544		26 annexation of the area served by the sewage works.
1546	1545		27 (d) Notwithstanding subsection (c), the works board of a
1547	1546		28 municipality may waive the provisions of subsection (c) in the contract
1548	1547		29 if:
1549	1548		30 (1) the works board considers a waiver of subsection (c) to be in
1550	1549		31 the best interests of the municipality; or
1551	1550		32 (2) the contract involves connection to the sewage works under
1552	1551		33 IC 36-9-22.5.
1553	1552		34 (e) This subsection does not affect any rights or liabilities accrued,
1554	1553		35 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1555	1554		36 proceedings continue and shall be imposed and enforced under prior
1556	1555		37 law as if this subsection had not been enacted. For contracts executed
1557	1556		38 after June 30, 2013, if the release of the right to remonstrate is not void
1558	1557		39 under subsection (i), (j), or (k), or (l), the release is binding on a
1559	1558		40 successor in title to a party to the contract only if the successor in title:
1560	1559		41 (1) has actual notice of the release; or
1561	1560		42 (2) has constructive notice of the release because the contract, or
1562		-	SB 126—LS 6546/DI 87 37
	1561	+	2025 IN 126—LS 6546/DI 87 37
1563	1562		1 a signed memorandum of the contract stating the release, has been
1564	1563		2 recorded in the chain of title of the property.
1565	1564		3 (f) Subsection (c) does not apply to a landowner if all of the
1566	1565		4 following conditions apply:
1567	1566		5 (1) The landowner is required to connect to the sewage works
1568	1567		6 because a person other than the landowner has polluted or
1569	1568		7 contaminated the area.
1570	1569		8 (2) The costs of extension of or connection to the sewage works
1571	1570		9 are paid by a person other than the landowner or the municipality.
1572	1571		10 (g) Subsection (c) does not apply to a landowner who taps into,
1573	1572		11 connects to, or is required to tap into or connect to the sewage works
1574	1573		12 of a municipality only because the municipality provides wholesale
1575	1574		13 sewage service (as defined in IC 8-1-2-61.7) to another municipality
1576	1575		14 that provides sewage service to the landowner.
1577	1576		15 (h) This subsection applies to any deed recorded after June 30,
1578	1577		16 2015. This subsection applies only to property that is subject to a
1579	1578		17 remonstrance waiver. A municipality shall provide written notice to
1580	1579		18 any successor in title to property within a reasonable time after the
1581	1580		19 deed is recorded, that a waiver of the right of remonstrance exists with
1582	1581		20 respect to the property.
1583	1582		21 (i) A remonstrance waiver executed on or before July 1, 2003, is
1584	1583		22 void. This subsection does not invalidate an annexation that was
1585	1584		23 effective on or before July 1, 2019.
1586	1585		24 (j) A remonstrance waiver executed after June 30, 2003, and not
1587	1586		25 later than June 30, 2019, is subject to the following:
1588	1587		26 (1) The waiver is void unless the waiver was recorded:
1589	1588		27 (A) before January 1, 2020; and
1590	1589		28 (B) with the county recorder of the county where the property
1591	1590		29 subject to the waiver is located.
1592	1591		30 (2) A waiver that is not void under subdivision (1) or subsection
1593	1592		31 (l) expires not later than fifteen (15) years after the date the
1594	1593		32 waiver is executed.
1595	1594		33 This subsection does not invalidate an annexation that was effective on
1596	1595		34 or before July 1, 2019.
1597	1596		35 (k) A remonstrance waiver executed after June 30, 2019, is subject
1598	1597		36 to the following: (1) The waiver is void unless the waiver is must be
1599	1598		37 recorded (A) not later than thirty (30) business days after the date the
1600	1599		38 waiver was executed and (B) with the county recorder of the county
1601	1600		39 where the property subject to the waiver is located. (2) A waiver that
1602	1601		40 is not void under subdivision (1) expires not later than fifteen (15)
1603	1602		41 years after the date the waiver is executed. This subsection does not
1604	1603		42 invalidate an annexation that was effective on or before July 1, 2019.
1605		-	SB 126—LS 6546/DI 87 38
	1604	+	2025 IN 126—LS 6546/DI 87 38
1606	1605		1 (l) Notwithstanding any other law, a remonstrance waiver is
1607	1606		2 effective and binding on a landowner or a successor in title to a
1608	1607		3 party to the contract only with regard to an annexation for which
1609	1608		4 the annexation ordinance was adopted before May 15, 2025.
1610	1609		5 SECTION 28. IC 36-9-25-14, AS AMENDED BY P.L.156-2020,
1611	1610		6 SECTION 149, IS AMENDED TO READ AS FOLLOWS
1612	1611		7 [EFFECTIVE UPON PASSAGE]: Sec. 14. (a) As to each municipality
1613	1612		8 to which this chapter applies:
1614	1613		9 (1) all the territory included within the corporate boundaries of
1615	1614		10 the municipality; and
1616	1615		11 (2) any territory, town, addition, platted subdivision, or unplatted
1617	1616		12 land lying outside the corporate boundaries of the municipality
1618	1617		13 that has been taken into the district in accordance with a prior
1619	1618		14 statute, the sewage or drainage of which discharges into or
1620	1619		15 through the sewage system of the municipality;
1621	1620		16 constitutes a special taxing district for the purpose of providing for the
1622	1621		17 sanitary disposal of the sewage of the district in a manner that protects
1623	1622		18 the public health and prevents the undue pollution of watercourses of
1624	1623		19 the district.
1625	1624		20 (b) Upon request by:
1626	1625		21 (1) a resolution adopted by the legislative body of another
1627	1626		22 municipality in the same county; or
1628	1627		23 (2) a petition of the majority of the resident freeholders in a
1629	1628		24 platted subdivision or of the owners of unplatted land outside the
1630	1629		25 boundaries of a municipality, if the platted subdivision or
1631	1630		26 unplatted land is in the same county;
1632	1631		27 the board may adopt a resolution incorporating all or any part of the
1633	1632		28 area of the municipality, platted subdivision, or unplatted land into the
1634	1633		29 district.
1635	1634		30 (c) A request under subsection (b) must be signed and certified as
1636	1635		31 correct by the secretary of the legislative body, resident freeholders, or
1637	1636		32 landowners. The original shall be preserved in the records of the board.
1638	1637		33 The resolution of the board incorporating an area in the district must be
1639	1638		34 in writing and must contain an accurate description of the area
1640	1639		35 incorporated into the district. A certified copy of the resolution, signed
1641	1640		36 by the president and secretary of the board, together with a map
1642	1641		37 showing the boundaries of the district and the location of additional
1643	1642		38 areas, shall be delivered to the auditor of the county within which the
1644	1643		39 district is located. It shall be properly indexed and kept in the
1645	1644		40 permanent records of the offices of the auditor.
1646	1645		41 (d) In addition, upon request by ten (10) or more interested resident
1647	1646		42 freeholders in a platted or unplatted territory, the board may define the
1648		-	SB 126—LS 6546/DI 87 39
	1647	+	2025 IN 126—LS 6546/DI 87 39
1649	1648		1 limits of an area within the county and including the property of the
1650	1649		2 freeholders that is to be considered for inclusion into the district.
1651	1650		3 Notice of the defining of the area by the board, and notice of the
1652	1651		4 location and limits of the area, shall be given by publication in
1653	1652		5 accordance with IC 5-3-1. Upon request by a majority of the resident
1654	1653		6 freeholders of the area, the area may be incorporated into the district in
1655	1654		7 the manner provided in this section. The resolution of the board
1656	1655		8 incorporating the area into the district and a map of the area shall be
1657	1656		9 made and filed in the same manner.
1658	1657		10 (e) In addition, a person owning or occupying real property outside
1659	1658		11 the district may enter into a sewer service agreement with the board for
1660	1659		12 connection to the sewage works of the district. If the agreement
1661	1660		13 provides for connection at a later time, the date or the event upon
1662	1661		14 which the service commences shall be stated in the agreement. The
1663	1662		15 agreement may impose any conditions for connection that the board
1664	1663		16 determines. The agreement must also provide the amount of service
1665	1664		17 charge to be charged for connection if the persons are not covered
1666	1665		18 under section 11 of this chapter, with the amount to be fixed by the
1667	1666		19 board in its discretion and without a hearing.
1668	1667		20 (f) All sewer service agreements made under subsection (e) or (after
1669	1668		21 June 30, 2013) a signed memorandum of the sewer service agreement
1670	1669		22 shall be recorded in the office of the recorder of the county where the
1671	1670		23 property is located. The agreements run with the property described
1672	1671		24 and are binding upon the persons owning or occupying the property,
1673	1672		25 their personal representatives, heirs, devisees, grantees, successors, and
1674	1673		26 assigns. Each agreement that is recorded, or each agreement of which
1675	1674		27 a signed memorandum is recorded, and that provides for the property
1676	1675		28 being served to be placed on the tax rolls shall be certified by the board
1677	1676		29 to the auditor of the county where the property is located. The
1678	1677		30 certification must state the date the property is to be placed on the tax
1679	1678		31 rolls, and upon receipt of the certification together with a copy of the
1680	1679		32 agreement, the auditor shall immediately place the property certified
1681	1680		33 upon the rolls of property subject to the levy and collection of taxes for
1682	1681		34 the district. An agreement may provide for the collection of a service
1683	1682		35 charge for the period services are rendered before the levy and
1684	1683		36 collection of the tax.
1685	1684		37 (g) Except as provided in subsections (j) and (l), sewer service
1686	1685		38 agreements made under subsection (e) must contain a waiver provision
1687	1686		39 that persons (other than municipalities) who own or occupy property
1688	1687		40 agree for themselves, their executors, administrators, heirs, devisees,
1689	1688		41 grantees, successors, and assigns that they will:
1690	1689		42 (1) neither object to nor file a remonstrance against the proposed
1691		-	SB 126—LS 6546/DI 87 40
	1690	+	2025 IN 126—LS 6546/DI 87 40
1692	1691		1 annexation of the property by a municipality within the
1693	1692		2 boundaries of the district;
1694	1693		3 (2) not appeal from an order or a judgment annexing the property
1695	1694		4 to a municipality; and
1696	1695		5 (3) not file a complaint or an action against annexation
1697	1696		6 proceedings.
1698	1697		7 (h) This subsection does not affect any rights or liabilities accrued
1699	1698		8 or proceedings begun before July 1, 2013. Those rights, liabilities, and
1700	1699		9 proceedings continue and shall be imposed and enforced under prior
1701	1700		10 law as if this subsection had not been enacted. For contracts executed
1702	1701		11 after June 30, 2013, a waiver of the right to remonstrate under
1703	1702		12 subsection (g) that is not void under subsection (m), (n), or (o), or (p)
1704	1703		13 is binding as to an executor, administrator, heir, devisee, grantee,
1705	1704		14 successor, or assign of a party to a sewer service agreement under
1706	1705		15 subsection (g) only if the executor, administrator, heir, devisee,
1707	1706		16 grantee, successor, or assign:
1708	1707		17 (1) has actual notice of the waiver; or
1709	1708		18 (2) has constructive notice of the waiver because the sewer
1710	1709		19 service agreement or a signed memorandum of the sewer service
1711	1710		20 agreement stating the waiver has been recorded in the chain of
1712	1711		21 title of the property.
1713	1712		22 (i) This section does not affect any sewer service agreements
1714	1713		23 entered into before March 13, 1953. However, this section applies to
1715	1714		24 a remonstrance waiver regardless of when the waiver was executed.
1716	1715		25 (j) Subsection (g) does not apply to a landowner if all of the
1717	1716		26 following conditions apply:
1718	1717		27 (1) The landowner is required to connect to a sewer service
1719	1718		28 because a person other than the landowner has polluted or
1720	1719		29 contaminated the area.
1721	1720		30 (2) The costs of extension of service or connection to the sewer
1722	1721		31 service are paid by a person other than the landowner or the
1723	1722		32 municipality.
1724	1723		33 (k) This subsection applies to any deed recorded after June 30,
1725	1724		34 2015. This subsection applies only to property that is subject to a
1726	1725		35 remonstrance waiver. A municipality shall provide written notice to
1727	1726		36 any successor in title to property within a reasonable time after the
1728	1727		37 deed is recorded, that a waiver of the right of remonstrance has been
1729	1728		38 granted with respect to the property.
1730	1729		39 (l) The board may waive the waiver provision described in
1731	1730		40 subsection (g) in a sewer service agreement made under subsection (e)
1732	1731		41 if the sewer service agreement involves a connection to the district's
1733	1732		42 sewage works under IC 36-9-22.5.
1734		-	SB 126—LS 6546/DI 87 41
	1733	+	2025 IN 126—LS 6546/DI 87 41
1735	1734		1 (m) A remonstrance waiver executed before July 1, 2003, is void.
1736	1735		2 This subsection does not invalidate an annexation that was effective on
1737	1736		3 or before July 1, 2019.
1738	1737		4 (n) A remonstrance waiver executed after June 30, 2003, and before
1739	1738		5 July 1, 2019, is subject to the following:
1740	1739		6 (1) The waiver is void unless the waiver was recorded:
1741	1740		7 (A) before January 1, 2020; and
1742	1741		8 (B) with the county recorder of the county where the property
1743	1742		9 subject to the waiver is located.
1744	1743		10 (2) A waiver that is not void under subdivision (1) or subsection
1745	1744		11 (p) expires not later than fifteen (15) years after the date the
1746	1745		12 waiver is executed.
1747	1746		13 This subsection does not invalidate an annexation that was effective on
1748	1747		14 or before July 1, 2019.
1749	1748		15 (o) A remonstrance waiver executed after June 30, 2019, is subject
1750	1749		16 to the following: (1) The waiver is void unless the waiver is must be
1751	1750		17 recorded (A) not later than thirty (30) business days after the date the
1752	1751		18 waiver was executed and (B) with the county recorder of the county
1753	1752		19 where the property subject to the waiver is located. (2) A waiver that
1754	1753		20 is not void under subdivision (1) expires not later than fifteen (15)
1755	1754		21 years after the date the waiver is executed. This subsection does not
1756	1755		22 invalidate an annexation that was effective on or before July 1, 2019.
1757	1756		23 (p) Notwithstanding any other law, a remonstrance waiver is
1758	1757		24 effective and binding on a landowner or a successor in title to a
1759	1758		25 party to the contract only with regard to an annexation for which
1760	1759		26 the annexation ordinance was adopted before May 15, 2025.
1761	1760		27 SECTION 29. An emergency is declared for this act.
1762		-	SB 126—LS 6546/DI 87 42
1763		-	COMMITTEE REPORT
1764		-	Mr. President: The Senate Committee on Local Government, to
1765		-	which was referred Senate Bill No. 126, has had the same under
1766		-	consideration and begs leave to report the same back to the Senate with
1767		-	the recommendation that said bill DO PASS.
1768		-	(Reference is to SB 126 as introduced.)
1769		-
1770		-	BUCK, Chairperson
1771		-	Committee Vote: Yeas 9, Nays 0
1772		-	SB 126—LS 6546/DI 87
	1761	+	2025 IN 126—LS 6546/DI 87