The Indiana General Assembly passed Senate Bill 330 (annexation) late Wednesday night. The provisions of the bill apply to annexation ordinances adopted after June 30. Here is the breakdown from State Rep. Kevin Mahan (R-Hartford City):
- If at least 65 percent of owners of non-tax exempt land or the owners of 80 percent of the assessed value of non-tax exempt land in territory to be annexed sign a remonstrance, the annexation ordinance is voided.
- Remonstrance petitions are filed with the county auditor now, rather than the courts.
- Remonstrance may be appealed to a court, if a petition for remonstrance is signed by at least 51 percent of the owners of land or the owners of 60 percent of the assessed value land in the territory, excluding tax-exempt land on both accounts.
- Requires a municipality proposing annexation to conduct an outreach program to inform citizens (must conduct at least six public information meetings, no earlier than six months before introducing an annexation ordinance.
- Provides for an annexation in which an ordinance is adopted after December 31, 2016, that an annexation of land connecting an economic development project to a municipality may proceed to a remonstrance hearing even if the signature threshold is met for voiding the annexation ordinance.
- Allows prevailing remonstrators to recover reasonable expenses incurred in filing and litigating the remonstrance, including appeal costs and reasonable attorney's fees, not to exceed $37,500.
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