Jan 15, 2009

SB 179 -- Annexation (1)

SYNOPSIS: Provides that a waiver or release of the right of remonstrance against annexation effective after June 30, 2009, expires ten years after the date the waiver or release is executed. Provides that in determining a municipality's levy limits for a particular ensuing calendar year, the cap on increased assessed value applies to all annexations of a municipality occurring in the particular ensuing calendar year. Reduces the number of signatures required on an annexation remonstrance petition from at least 65% of the owners of land in the annexed territory to at least 51% of the owners of land in the annexed territory. With certain exceptions: (1) requires a municipality to amend an annexation ordinance or fiscal plan before the public hearing on the annexation; and (2) prohibits a municipality from amending an annexation ordinance or fiscal plan after the public hearing on the annexation. Provides that if it is consistent with the municipality's policy of providing capital services to areas within the corporate boundaries, a municipality may provide less than all of the capital services to areas within the annexed territory.

SUPPORT: While we don't much approve of any type of forced annexation, at least this bill lowers the number of signatures required for a remonstrance to move forward from 65% of the owners of the land to just 51%. As our friends fighting annexation in Vanderburgh, Clark, Allen and Hamilton Counties know too well, any relief in this fight against our own governments is very, very welcomed.

STATUS: Authored by Senator Buck, referred to Committee on Local Government. Sens. Kruse and Gard added as authors.

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