Indiana Code 14-33-2-3. Number of freeholds in district; number of freeholders qualified to sign petition
(1) Only one (1) freeholder’s signature may be counted for any one (1) freehold. If a freehold is held in joint title, only one (1) freeholder’s signature may be counted and it may be the signature of any one (1) of the freeholders owning the freehold in joint title. If a given freeholder qualifies as set forth in this section for at least two (2) freeholds, the freeholder’s signature shall be counted for each freehold.
Terms Used In Indiana Code 14-33-2-3
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) One (1) or more tracts of land owned in joint title by at least two (2) identical freeholders constitute one (1) freehold. However, if one (1) of the freeholders owning the freehold in joint title is a different or additional person, each freehold in joint title among nonidentical persons constitutes a separate and additional freehold.
(4) Subject to subdivisions (1), (2), and (3), if:
(A) a petition for the establishment of a district is filed by a municipality by ordinance adopted by the municipality’s legislative body; or
(B) the municipality by ordinance has joined in a petition for inclusion in whole or part in the proposed district;
each freeholder in the area of the municipality that is in the proposed district is counted as a signatory to the petition. However, if a freeholder in the area of the municipality that is in the proposed district, after the filing of the petition for the establishment of the district, files a petition against the establishment of the proposed district, the number of freeholders considered and counted as signatories to the petition must be reduced by the number of freeholders in the area of the city that is in the proposed district filing a petition against the establishment of the district.
(5) Private corporations owning land in the proposed district may sign the petition by any officer authorized by the corporation. The officer’s signature is prima facie evidence of the officer’s authorization to sign the petition.
[Pre-1995 Recodification Citation: 13-3-3-8(b).]
As added by P.L.1-1995, SEC.26.