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Ind. Code § 36-1.5-4-45

Actions prohibited while reorganization pending

Applied in 1 court decision — leading case Town of Zionsville, Indiana v. Town of Whitestown, Indiana, and Angel Badillo (2016)

Most recently applied in Town of Zionsville, Indiana v. Town of Whitestown, Indiana, and Angel Badillo (January 2016)

As added by P.L.202-2013, SEC.26.

Sec. 45. (a) Except as provided in subsections (c) through (e), a political subdivision may not take an action described in subsection (b) within a reorganizing political subdivision after the date on which a plan of reorganization is finally adopted by all reorganizing political subdivisions.

(b) A political subdivision may not take any of the following actions partially or wholly within a reorganizing political subdivision after the date on which a plan of reorganization is finally adopted by all reorganizing political subdivisions unless all reorganizing political subdivisions agree by adopting identical resolutions:

(1) Initiate an annexation of territory.

(2) Establish a fire protection territory or fire protection district.

(3) Extend water, sewer, or any other infrastructure to the political subdivision.

(4) Expand zoning jurisdiction under IC 36-7-4-205.

(c) This chapter does not prohibit:

(1) a political subdivision subject to the reorganization from taking an action under subsection (b) within the political subdivision's own boundaries; and

(2) any of the reorganizing political subdivisions from taking an action under subsection (b) for the purpose of implementing the plan of reorganization.

(d) A political subdivision may take an action described in subsection (b) after the date on which the reorganization is rejected by the voters under section 33 of this chapter.

(e) If a reorganization is approved by the voters under section 34 of this chapter, a political subdivision may not take an action under subsection (b) until the earlier of the following:

(1) The plan of reorganization has been implemented.

(2) One (1) year after the date on which the reorganization is approved under section 34 of this chapter.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.