Section 36-4-3-11.2 - Remonstrance signature requirements; remonstrance forms; procedure(a) This section applies only to an annexation ordinance adopted after June 30, 2015.(b) A remonstrance petition may be filed by an owner of real property that:(1) is within the area to be annexed;(2) was not exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year; and(3) is not subject to a valid waiver of remonstrance.(c) A remonstrance petition must comply with the following in order to be effective:(1) Each signature on a remonstrance petition must be dated, and the date of the signature may not be earlier than the date on which the remonstrance forms may be issued by the county auditor under subsection (e)(7).(2) Each person who signs a remonstrance petition must indicate the address of the real property owned by the person in the area to be annexed.(3) A remonstrance petition must be verified in compliance with subsection (e).(d) The state board of accounts shall design the remonstrance forms to be used solely in the remonstrance process described in this section. The state board of accounts shall provide the forms to the county auditor in an electronic format that permits the county auditor to copy or reproduce the forms using: (1) the county auditor's own equipment; or(2) a commercial copying service. The annexing municipality shall reimburse the county auditor for the cost of reproducing the remonstrance forms.
(e) The county auditor's office shall issue remonstrance forms accompanied by instructions detailing all of the following requirements:(1) The closing date for the remonstrance period.(2) Only one (1) person having an interest in each single property as evidenced by the tax duplicate is considered an owner of property and may sign a remonstrance petition. A person is entitled to sign a petition only one (1) time in a remonstrance process, regardless of whether the person owns more than one (1) parcel of real property.(3) An individual may not be:(B) reimbursed for expenses incurred in; circulating a remonstrance petition and obtaining signatures.
(4) The remonstrance petition may be executed in several counterparts, the total of which constitutes the remonstrance petition. An affidavit of the person circulating a counterpart must be attached to the counterpart. The affidavit must state that each signature appearing on the counterpart was affixed in the person's presence and is the true and lawful signature of the signer. The affidavit must be notarized.(5) A remonstrance petition that is not executed in counterparts must be verified by the person signing the petition in the manner prescribed by the state board of accounts and notarized.(6) A remonstrance petition may be delivered to the county auditor's office in person or by:(A) certified mail, return receipt requested; or(B) any other means of delivery that includes a return receipt. The remonstrance petition must be postmarked not later than the closing date for the remonstrance period.
(7) The county auditor's office may not issue a remonstrance petition earlier than the day that notice is published under section 11.1 of this chapter. The county auditor's office shall certify the date of issuance on each remonstrance petition. Any person may pick up additional copies of the remonstrance petition to distribute to other persons.(8) A person who signs a remonstrance petition may withdraw the person's signature from a remonstrance petition before a remonstrance petition is filed with the county auditor by filing a verified request to remove the person's name from the remonstrance petition. Names may not be added to a remonstrance petition after the remonstrance petition is filed with the county auditor.(f) The county auditor shall prepare and update weekly a list of the persons who have signed a remonstrance petition. The list must include a statement that the list includes all persons who have signed a remonstrance petition as of a particular date, and does not represent a list of persons certified by the county auditor as actual landowners in the annexation territory using the auditor's current tax records under subsection (i). The county auditor shall post the list in the office of the county auditor. The list is a public record under IC 5-14-3.(g) Not later than five (5) business days after receiving the remonstrance petition, the county auditor shall submit a copy of the remonstrance petition to the legislative body of the annexing municipality.(h) Not later than fifteen (15) business days after the legislative body of the annexing municipality receives a copy of the remonstrance petition from the county auditor, the annexing municipality shall provide documentation to the county auditor regarding any valid waiver of the right of remonstrance that exists on the property within the annexation territory.(i) Not later than fifteen (15) business days after receiving the documentation regarding any valid waiver of the right of remonstrance from the annexing municipality under subsection (h), if any, the county auditor's office shall make a final determination of the number of owners of real property within the territory to be annexed: (1) who signed the remonstrance; and(2) whose property is not subject to a valid waiver of the right of remonstrance; using the auditor's current tax records as provided in section 2.2 of this chapter. The county auditor shall file a certificate with the legislative body of the annexing municipality certifying the number of property owners not later than five (5) business days after making the determination.
Amended by P.L. 206-2016, SEC. 5, eff. 7/1/2016.Added by P.L. 228-2015, SEC. 14, eff. 7/1/2015.