Indiana Code 36-4-3-17. Disannexation; petition; remonstrances; hearing; order
(1) fifty-one percent (51%) or more in number of the lots in an addition or subdivision to a municipality; or
Terms Used In Indiana Code 36-4-3-17
- Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Subpoena: A command to a witness to appear and give testimony.
may file a petition for disannexation if any of the boundaries of the addition, subdivision, or contiguous territory forms part of the corporate boundary of the municipality. The petition must be filed with the works board of the municipality and must include a plat of the territory sought to be disannexed. Notice of the petition must be given in the manner prescribed by IC 5-3-1.
(b) A remonstrance against the granting of the petition may be filed by:
(1) the owner of a lot in the subdivision or addition; or
(2) the owner of territory adjoining the territory sought to be disannexed.
(c) The works board shall conduct a hearing and make a just and equitable order on the petition. In conducting the hearing, the works board may:
(1) subpoena witnesses;
(2) punish contempt;
(3) adjourn the hearing from time to time;
(4) make orders concerning streets and alleys, including their vacation; and
(5) award damages.
[Pre-Local Government Recodification Citations: 18-5-10-47 part; 18-5-10-48 part; 18-5-10-50 part; 18-5-10-52 part.]
As added by Acts 1980, P.L.212, SEC.3.