Ind. Code » Title 36
Indiana Code

Ind. Code § 36-4-3-2.1 (2026)

Public hearing; notice

✓ current as of May 2026
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     Sec. 2.1. (a) This section does not apply to an annexation under section 5.1 or 5.2 of this chapter.

     (b) A municipality may adopt an ordinance under this chapter only after the legislative body has held a public hearing concerning the proposed annexation. The municipality shall hold the public hearing not earlier than sixty (60) days after the date the ordinance is introduced. All interested parties must have the opportunity to testify as to the proposed annexation. Except as provided in subsection (d), notice of the hearing shall be:

(1) published in accordance with IC 5-3-1 except that the notice shall be published at least sixty (60) days before the hearing; and

(2) mailed as set forth in section 2.2 of this chapter, if section 2.2 of this chapter applies to the annexation.

     (c) A municipality may adopt an ordinance under this chapter not earlier than thirty (30) days or not later than sixty (60) days after the legislative body has held the public hearing under subsection (b).

     (d) This subsection applies to an annexation under section 3 or 4 of this chapter in which all property owners within the area to be annexed provide written consent to the annexation. Notice of the hearing shall be:

(1) published one (1) time at least twenty (20) days before the hearing in accordance with IC 5-3-1; and

(2) mailed as set forth in section 2.2 of this chapter.

As added by P.L.231-1996, SEC.1. Amended by P.L.248-1999, SEC.1; P.L.49-2000, SEC.1; P.L.224-2001, SEC.1; P.L.70-2022, SEC.2.

 

Notes of Decisions
Cited in 6 cases, 2007–2020 · leading case: City of Carmel v. Steele, 865 N.E.2d 612 (Ind. 2007).
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City of Carmel v. Steele, 865 N.E.2d 612 (Ind. 2007). · cites it 4× “1(e) (stating the municipality may hold a public hearing on the annexation ordinance no later than thirty days after the petition is filed) with I.C. § 36-4-3-2.1(b) (stating the municipality shall hold a public hearing not earlier than sixty days after the date the ordinance is…”
Covered Bridge Homeowners Ass'n, Inc., Clark Cnty., Indiana Comm'n v. Town of Sellersburg, Indiana, 971 N.E.2d 1222 (Ind. Ct. App. 2012). · cites it 9× “After a municipality adopts a written fiscal plan, it must then provide notice of and hold a public hearing on the proposed annexation pursuant to Indiana Code Sections 36-4-3-2.1 and -2.2. The Association concedes that Sell-ersburg “eventually issued notices that complied with…”
Fight Against Brownsburg Annexation v. Town of Brownsburg, Indiana, 32 N.E.3d 798 (Ind. Ct. App. 2015). · cites it 2× “[25] Brownsburg also contends that the “statutory scheme [is] designed to facilitate dialogue between the municipality and residents throughout the annexation process” and that that process is “undermined if the Court allows remonstrance petitions to be collected and signed…”
City of Boonville v. Am. Cold Storage, 950 N.E.2d 764 (Ind. Ct. App. 2011). · cites it 2× “Specifically, Landowners allege (1) failure to comply with the public notice requirements of Indiana Code section 36-4-3-2.1; (2) failure to provide notice by certified mail to all of the affected landowners within the proposed annexed territory as required by Indiana Code…”
Town of Zionsville, Indiana v. Town of Whitestown, Indiana & Angel Badillo, 33 N.E.3d 1144 (Ind. Ct. App. 2015). · cites it 4× “But that hearing must occur “not earlier than sixty (60) days after the date the ordinance is introduced,” I.C. § 36^-3-2.”
Eric Holcomb, in his Off. capacity as Governor of the State of Indiana v. City of Bloomington (Ind. 2020). · cites it 4× “7, I.C. § 36-4-3-2.1. In this case, Bloomington was moving through the steps toward ordinance adoption when the legislature passed the budget bill that codified Section 11.”
Ind. Code § 36-4-3-2.1(b): 3 cases
City of Carmel v. Steele, 865 N.E.2d 612 (Ind. 2007). “1(e) (stating the municipality may hold a public hearing on the annexation ordinance no later than thirty days after the petition is filed) with I.C. § 36-4-3-2.1(b) (stating the municipality shall hold a public hearing not earlier than sixty days after the date the ordinance is…”
Covered Bridge Homeowners Ass'n, Inc., Clark Cnty., Indiana Comm'n v. Town of Sellersburg, Indiana, 971 N.E.2d 1222 (Ind. Ct. App. 2012). “After a municipality adopts a written fiscal plan, it must then provide notice of and hold a public hearing on the proposed annexation pursuant to Indiana Code Sections 36-4-3-2.1 and -2.2. The Association concedes that Sell-ersburg “eventually issued notices that complied with…”
Town of Zionsville, Indiana v. Town of Whitestown, Indiana & Angel Badillo, 33 N.E.3d 1144 (Ind. Ct. App. 2015). “But that hearing must occur “not earlier than sixty (60) days after the date the ordinance is introduced,” I.C. § 36^-3-2.”
Ind. Code § 36-4-3-2.1(b)(1): 1 case
Covered Bridge Homeowners Ass'n, Inc., Clark Cnty., Indiana Comm'n v. Town of Sellersburg, Indiana, 971 N.E.2d 1222 (Ind. Ct. App. 2012). “After a municipality adopts a written fiscal plan, it must then provide notice of and hold a public hearing on the proposed annexation pursuant to Indiana Code Sections 36-4-3-2.1 and -2.2. The Association concedes that Sell-ersburg “eventually issued notices that complied with…”
Ind. Code § 36-4-3-2.1(c): 3 cases
City of Carmel v. Steele, 865 N.E.2d 612 (Ind. 2007). “1(e) (stating the municipality may hold a public hearing on the annexation ordinance no later than thirty days after the petition is filed) with I.C. § 36-4-3-2.1(b) (stating the municipality shall hold a public hearing not earlier than sixty days after the date the ordinance is…”
Covered Bridge Homeowners Ass'n, Inc., Clark Cnty., Indiana Comm'n v. Town of Sellersburg, Indiana, 971 N.E.2d 1222 (Ind. Ct. App. 2012). “After a municipality adopts a written fiscal plan, it must then provide notice of and hold a public hearing on the proposed annexation pursuant to Indiana Code Sections 36-4-3-2.1 and -2.2. The Association concedes that Sell-ersburg “eventually issued notices that complied with…”
Town of Zionsville, Indiana v. Town of Whitestown, Indiana & Angel Badillo, 33 N.E.3d 1144 (Ind. Ct. App. 2015). “But that hearing must occur “not earlier than sixty (60) days after the date the ordinance is introduced,” I.C. § 36^-3-2.”
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