Sec. 16. (a) After a merger under this chapter takes effect, the new municipality:

(1) has all the rights, powers, privileges, immunities, and obligations of the merging municipalities;

Terms Used In Indiana Code 36-4-2-16

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(2) is liable for all the debts, contracts, and liabilities of the merging municipalities;

(3) is entitled to all the rights, credits, monies, and properties of the merging municipalities; and

(4) may, in the name adopted in the merger, sue and be sued in relation to the debts, contracts, liabilities, rights, credits, monies, and properties of the merging municipality.

     (b) After a merger under this chapter takes effect, pending actions that involve municipalities taking part in the merger shall be prosecuted to final judgment and execution, and judgments rendered in those actions may be executed and enforced against the new municipality without any change of the name of the plaintiff or defendant.

[Pre-Local Government Recodification Citations: 18-5-10-8 part; 18-5-10-17 part; 18-5-10-18.]

As added by Acts 1980, P.L.212, SEC.3.