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Thursday, January 10, 2008

Ind. Law - Forced annexation target of legislation

Niki Kelly reported Tuesday in the Fort Wayne Journal Gazette:

Cities and towns could no longer initiate annexations if even one property owner were opposed, according to a bill released Monday by a central Indiana senator.

Senate Bill 114 would outlaw hostile or forced annexations – such as the city of Fort Wayne taking over much of Aboite Township.

Indiana is one of only six states to allow involuntary annexations.

“The time has come to change Indiana’s annexation law and put the rights of Hoosier property owners and taxpayers first as opposed to the rights of municipalities,” said Sen. Jeff Drozda, R-Westfield, author of the legislation. * * *

The Indiana Association of Cities and Towns said the bill is not a surprise, especially given several annexation fights within Drozda’s Senate district.

“We don’t like it, obviously, but there is more to it than that,” said Matthew Greller, executive director of cities and towns. “We have to look at how you grow. People gather around municipalities for a reason – because they like the services. But we can only provide them if all the users are paying for them.

“So in certain situations involuntary annexations become necessary. They are using the roads, streets, parks, pools, and it’s important that we include those folks in the tax base of that particular unit.”

He also noted that in Indiana the vast majority of annexations are voluntary.

John Tuohy reports today in the Indianapolis Star:
Geist homeowners who've been fighting annexation by Fishers might be encouraged by a state legislator's proposal to eliminate involuntary annexations in Indiana.

But Fishers Town Council member Stuart Easley doubts there would be much interest in the bill. Attorney Bryan Babb, who's representing Fishers, agrees.

"This is unconstitutional and spiteful special legislation that is poorly reasoned and intended to stop lawful ongoing annexations in Hamilton County and elsewhere, already paid for by municipal residents," Babb said.

Sen. Jeff Drozda, R-Westfield, who chaired an annexation study committee over the summer, introduced the bill this week. "We are one of only six states that still permit forced annexation," he said. "This would get rid of hostile annexation."

The bill, co-authored by Sen. Beverly Gard, R-Greenfield, would require consent by a majority of homeowners in an area being considered for annexation. Under current law, property owners opposed to annexation have to gather signatures from 65 percent of the residents just to challenge the annexation in court.

Posted by Marcia Oddi on January 10, 2008 04:04 PM
Posted to Indiana Law