CHAPTER 1. DIVISION OF COUNTY INTO TOWNSHIPS
IC 36-6
ARTICLE 6. GOVERNMENT OF TOWNSHIPS
IC 36-6-1
Chapter 1. Division of County Into Townships
IC 36-6-1-1
Name of township; change of name
Sec. 1. (a) Each township is known as ___________ Township of
_____________ County, according to the name of the township and
the county in which it is located.
(b) The county executive may adopt an order to change the name
of the townships in the county. A change of name under this section
becomes effective when the county executive files a copy of the
order with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,
SEC.116; P.L.3-1997, SEC.465; P.L.123-2000, SEC.12.
IC 36-6-1-2
Boundaries; records
Sec. 2. Accurate descriptions of township boundaries shall be
maintained in the records of the county executive.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-3
Alteration of boundaries; withdrawal of state or federally owned
land from taxation; petition; effective date of alteration
Sec. 3. (a) When part of a township is owned by the state or the
United States, devoted to a public use, and withdrawn from taxation
for local purposes, and:
(1) less than eighteen (18) square miles of the township remains
subject to taxation; or
(2) the township is divided into two (2) or more separate
sections by the government owned part;
the county executive may issue an order to alter the boundaries of the
township and adjoining townships on receipt of a petition signed by
at least thirty-five percent (35%) of the resident freeholders of a part
of the township adjoining another township.
(b) Except as provided in subsection (c), a boundary alteration
under this section is effective when a copy of the order is filed with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
(c) A boundary alteration under this section may not take effect
during the year preceding a year in which a federal decennial census
is conducted. A boundary alteration that would otherwise take effect
during the year preceding a year in which a federal decennial census
is conducted takes effect January 1 of the year in which a federal
decennial census is conducted.
(d) Notwithstanding subsection (c) as that subsection existed on
December 31, 2009, a boundary alteration that took effect January 2,
2010, because of the application of subsection (c), as that subsection
existed on December 31, 2009, is instead considered to take effect
January 1, 2010, without any additional action being required.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,
SEC.117; P.L.3-1997, SEC.466; P.L.123-2000, SEC.13;
P.L.113-2010, SEC.129.
IC 36-6-1-4
Affidavit
Sec. 4. The fact that each person signing the petition described in
section 3 of this chapter is a resident freeholder must be verified by
affidavit.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-5
Abolition of township or alteration of boundaries; petition;
effective date of abolition or alteration
Sec. 5. (a) Townships other than those described in section 3 of
this chapter may be altered or abolished by the issuance of an order
by the county executive on receipt of a petition signed by a majority
of the freeholders of the affected township or townships. The
alteration or abolition must conform to the terms of the petition.
(b) Except as provided in subsection (c), the alteration or abolition
becomes effective when the county executive files a copy of the
order with:
(1) the circuit court clerk; and
(2) the office of the secretary of state.
(c) The alteration or abolition of a township may not take effect
during the year preceding a year in which a federal decennial census
is conducted. An alteration or abolition that would otherwise take
effect during the year preceding a year in which a federal decennial
census is conducted takes effect January 2 of the year in which a
federal decennial census is conducted.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,
SEC.118; P.L.3-1997, SEC.467; P.L.123-2000, SEC.14.
IC 36-6-1-5.5
Transfer of township area to abutting township; necessary
conditions; effective date
Sec. 5.5. (a) This section applies to an area that meets the
following conditions:
(1) Contains not more than seven hundred (700) acres.
(2) Has a river along at least twenty-five percent (25%) of the
perimeter of the area.
(3) Abuts a different township from the township in which the
area is situated.
(b) An area is transferred from the township in which the area is
situated to the township that the area abuts if the following
conditions are met:
(1) The transfer results in a rectangular shape for the boundaries
of both of the affected townships.
(2) A petition:
(A) containing a legal description of the area; and
(B) signed by at least fifty-one percent (51%) of the
freeholders in the area;
is filed with the circuit court clerk and the office of the
secretary of state.
(c) Section 5(c) of this chapter applies to the alteration of
township boundaries under this section.
(d) Except as provided in subsection (e), if the conditions
specified in this section are met, the transfer occurs when the filing
requirements of subsection (b) are met.
(e) The transfer may not take effect during the year preceding a
year in which a federal decennial census is conducted. A transfer that
would otherwise take effect during the year preceding a year in
which a federal decennial census is conducted takes effect January
2 of the year in which a federal decennial census is conducted.
As added by P.L.259-1993, SEC.1. Amended by P.L.3-1997,
SEC.468; P.L.123-2000, SEC.15.
IC 36-6-1-6
Surface area requirements
Sec. 6. After creation of a township or alteration of a township's
boundaries, the township must have:
(1) a surface area of at least twelve (12) square miles and an
assessed valuation of at least two million dollars ($2,000,000);
or
(2) a surface area of at least twenty-four (24) square miles;
unless it was created or altered under section 3 of this chapter.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-7
Abolition of township or alteration of boundaries; taxing district
for payment of existing indebtedness
Sec. 7. After abolition of a township or alteration of a township's
boundaries, the former territory of the township comprises a taxing
district for the payment of township indebtedness existing at the time
of the abolition or alteration.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-8
Disannexation; existing indebtedness; fixing of tax rate
Sec. 8. When fixing the rate of taxation necessary to pay township
indebtedness existing at the time of a disannexation, the township
executive and the township legislative body shall fix the same rate
for the disannexed territory as for territory remaining in the
township. The township executive shall certify the tax rate for the
disannexed territory to the county auditor, who shall place the tax
rate on the tax duplicate for the disannexed territory, collect the tax,
and pay it over to the township executive.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-9
Annexed territory; liability for existing indebtedness
Sec. 9. Territory annexed to a township may not be taxed for
payment of township indebtedness existing at the time of the
annexation.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-10
Abolition of township; rate of taxation for existing indebtedness;
payment
Sec. 10. After abolition of a township, the county auditor shall
determine the rate of taxation necessary to pay the township
indebtedness existing at the time the township was abolished. The
auditor shall place the tax rate on the tax duplicate for the abolished
township, collect the tax, and pay it over to the proper creditors.
As added by Acts 1980, P.L.212, SEC.5.
IC 36-6-1-11
Appeal; certification of judgment; effective date of order
Sec. 11. (a) An action taken by a county executive under this
chapter may be appealed to the circuit court of the county. The
appeal shall be heard de novo on all questions presented.
(b) If the court orders the name change, alteration, or abolition of
a township to take place, the circuit court clerk shall, immediately
after the judgment of the court, certify the judgment of the circuit
court to:
(1) the township executive; and
(2) the office of the secretary of state.
Except as provided in subsection (c), the order takes effect sixty (60)
days after certification.
(c) The name change, alteration, or abolition of a township may
not take effect during the year preceding a year in which a federal
decennial census is conducted. An alteration or abolition that would
otherwise take effect during the year preceding a year in which a
federal decennial census is conducted takes effect January 2 of the
year in which a federal decennial census is conducted.
As added by Acts 1980, P.L.212, SEC.5. Amended by P.L.5-1989,
SEC.119; P.L.3-1997, SEC.469; P.L.123-2000, SEC.16.
IC 36-6-1-12
Territory of county not included in township
Sec. 12. If any territory in a county is not included in one (1) of
the townships established under this chapter, the territory is included
in the township that:
(1) is contiguous to that territory; and
(2) contains the least population of all townships contiguous to
that territory.
As added by P.L.3-1993, SEC.278.
IC 36-6-1-13
Territory of county included in more than one township
Sec. 13. If any territory in a county is included in more than one
(1) of the townships established under this chapter, the territory is
included in the township that:
(1) is one (1) of the townships in which the territory is
described under this chapter;
(2) is contiguous to that territory; and
(3) contains the least population of all townships contiguous to
that territory.
As added by P.L.3-1993, SEC.279.