Sec. 6. The recipients of the notice required by section 5 of this chapter are parties to and are entitled to be heard at the public hearing. The petition for incorporation shall be dismissed if at any time during the incorporation proceedings, including an appeal, the county executive or a court hearing an appeal is presented with a verified remonstrance against incorporation, signed by at least:

(1) fifty-one percent (51%) of the owners of a fee simple interest in real property in the affected territory; or

Terms Used In Indiana Code 36-5-1-6

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(2) the owners of seventy-five percent (75%), in assessed valuation, of the real property in the affected territory.

The executive or court may determine the validity of the remonstrance by submitting it to the county auditor for verification.

[Pre-Local Government Recodification Citation: 18-3-1-8 part.]

As added by Acts 1980, P.L.212, SEC.4.

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