Sec. 12. (a) Notwithstanding section 11 of this chapter, a school city may effect an annexation as follows:

(1) The acquiring school corporation must adopt an annexation resolution of the type provided in section 11 of this chapter. Unless the losing corporation consents, the resolution may not provide a time for annexation before July 1 following the May 1 next succeeding the last publication of the notice of annexation.

Terms Used In Indiana Code 20-25-5-12

  • acquiring school corporation: means the school corporation that acquires territory as a result of annexation. See Indiana Code 20-25-5-1
  • annexed territory: means the territory acquired by an acquiring school corporation as a result of annexation from a losing school corporation. See Indiana Code 20-25-5-3
  • 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.
  • losing school corporation: means a school corporation that loses territory to an acquiring school corporation by annexation. See Indiana Code 20-25-5-6
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • school city: means a school corporation that at any time:

    Indiana Code 20-25-5-8

  • school corporation: means a public school corporation of the state located in whole or in part in a county containing a consolidated city. See Indiana Code 20-25-5-9
(2) The acquiring school corporation, after adopting a resolution under subdivision (1), shall give notice of the type provided in section 11 of this chapter by publication in the acquiring school corporation and in the losing school corporation. The acquiring school corporation shall also give notice to the losing school corporation before the last publication of notice of the type provided in section 11 of this chapter. The annexation must take effect thirty (30) days after the last publication in the losing school corporation or at the time provided in the resolution, whichever is later. However, the annexation is not required to take effect within the period required by this subdivision if a remonstrance, based on a ground other than that set out in section 14(a)(5) of this chapter, is filed in the circuit or superior court of the county in which the annexed territory or a part of the annexed territory is located. The remonstrance must be filed by:

(A) the losing school corporation;

(B) not less than a majority of the owners of land in the annexed territory; or

(C) the owners of seventy-five percent (75%) or more in assessed valuation of the real estate in the annexed territory.

     (b) For purposes of determining ownership under subsection (a)(2)(B) and (a)(2)(C), the following rules apply:

(1) Only the record title holder or holders of a single piece of property are considered an owner.

(2) If record title of a single piece of property is in more than one (1) individual, all the individuals constitute only one (1) owner, and the remonstrance of any one (1) of the individuals constitutes the remonstrance of all the individuals, whether or not the other individuals authorized the filing of the remonstrance.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-3-14-4.]

As added by P.L.1-2005, SEC.9.

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