Sec. 6. (a) This section applies to petitions filed under either section 5 or 9 of this chapter.

     (b) If two (2) or more freeholders own the same land in joint title, they may be counted as only one (1) freeholder for the purpose of determining what constitutes twenty percent (20%) or a majority of the freeholders.

Terms Used In Indiana Code 36-8-11-6

  • 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.
  • Freeholder: means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title. See Indiana Code 36-8-11-2
  • Joint title: means joint tenancy, tenancy in common, or tenancy by the entireties. See Indiana Code 36-8-11-2
     (c) A freeholder owning land in joint title may sign the petition and the signature shall be counted. However, if two (2) or more freeholders who own the same land in joint title sign the petition, their combined signatures count only as one (1) signature for the purposes of subsections (a) and (b).

     (d) Any officer authorized by the corporation may sign the petition for a private corporation owning land within the proposed district. The officer’s signature is prima facie evidence of the officer’s authorization.

     (e) The petition may be circulated in several counterparts and still be considered a single petition.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-12 part; subsections (b), (c), (d) formerly 19-1-45-7 part; subsection (e) formerly 19-1-45-9.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.4; P.L.127-2017, SEC.267.

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