Ind. Code » Title 36
Indiana Code

Ind. Code § 36-4-3-2.2 (2026)

Hearing notice to landowners

✓ current as of May 2026
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     Sec. 2.2. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter or an annexation described in section 5.1 of this chapter.

     (b) Before a municipality may annex territory, the municipality shall provide written notice of the hearing required under section 2.1 of this chapter. Except as provided in subsections (f) and (g), the notice must be sent by:

(1) certified mail, return receipt requested; or

(2) any other means of delivery that includes a return receipt;

at least sixty (60) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.

     (c) For purposes of an annexation of territory described in section 2.5 of this chapter, if the hearing required under section 2.1 of this chapter is conducted after June 30, 2010, the notice required by this section must also be sent to each owner of real property, as shown on the county auditor's current tax list, whose real property is adjacent to contiguous areas of rights-of-way of the public highway that are only included in the annexation of territory by operation of section 2.5 of this chapter on the side of the public highway that is not part of the annexed territory.

     (d) The notice required by this section must include the following:

(1) A legal description of the real property proposed to be annexed.

(2) The date, time, location, and subject of the hearing.

(3) A map showing the current municipal boundaries and the proposed municipal boundaries.

(4) Current zoning classifications for the area proposed to be annexed and any proposed zoning changes for the area proposed to be annexed.

(5) A detailed summary of the fiscal plan, described in section 13 of this chapter, if applicable.

(6) The location where the public may inspect and copy the fiscal plan, if applicable.

(7) A statement that the municipality will provide a copy of the fiscal plan, if applicable, after the fiscal plan is adopted immediately to any landowner in the annexed territory who requests a copy.

(8) The name and telephone number of a representative of the municipality who may be contacted for further information.

     (e) If the municipality complies with this section, the notice is not invalidated if the owner does not receive the notice.

     (f) 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. The written notice described in this section must be sent by:

(1) certified mail, return receipt requested; or

(2) any other means of delivery that includes a return receipt;

not later than twenty (20) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.

     (g) This subsection applies to an annexation under section 5.2 of this chapter. The written notice described in this section must be sent by:

(1) certified mail, return receipt requested; or

(2) any other means of delivery that includes a return receipt;

not later than thirty (30) days before the date of the hearing to each owner of real property, as shown on the county auditor's current tax list, whose real property is located within the territory proposed to be annexed.

As added by P.L.248-1999, SEC.2. Amended by P.L.217-1999, SEC.2; P.L.49-2000, SEC.2; P.L.224-2001, SEC.2; P.L.69-2010, SEC.2; P.L.228-2015, SEC.5; P.L.70-2022, SEC.3.

 

Notes of Decisions
Cited in 5 cases, 2007–2012 · 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 2× “See I.C. § 36-4-3-2.2 (stating this section does not apply to annexation under sections 4(a)(2), 4(a)(3), 4(b), 4(h) or 4.”
City of Kokomo Ex Rel. Goodnight v. Pogue, 940 N.E.2d 833 (Ind. Ct. App. 2010). · cites it 8× “Here, the Remonstrators claim that Kokomo failed to comply with Section 36-4-3-2.2. That statute does not deal specifically with remonstrances.”
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 10× “1(b) further provides that notice of the hearing must be published in a local newspaper at least sixty days before the hearing and that notice must also be “mailed as set forth in” Indiana Code Section 36-4-3-2.2. Indiana Code Section 36-4-3-2.”
West v. City of Princeton, 901 N.E.2d 1141 (Ind. Ct. App. 2009). · cites it 6× “Indiana Code section 36-4-3-2.2 provides in part as follows: (b) Before a municipality may annex territory, the municipality shall provide written notice of the hearing required under section 2.”
City of Boonville v. Am. Cold Storage, 950 N.E.2d 764 (Ind. Ct. App. 2011). · cites it 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 section 36-4-3-2.2; and (3) failure to include a detailed summary of the fiscal plan in the notices.”
— Ind. Code § 36-4-3-2.2(b) — 2 cases
City of Kokomo Ex Rel. Goodnight v. Pogue, 940 N.E.2d 833 (Ind. Ct. App. 2010). “Here, the Remonstrators claim that Kokomo failed to comply with Section 36-4-3-2.2. That statute does not deal specifically with remonstrances.”
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). “1(b) further provides that notice of the hearing must be published in a local newspaper at least sixty days before the hearing and that notice must also be “mailed as set forth in” Indiana Code Section 36-4-3-2.2. Indiana Code Section 36-4-3-2.”
— Ind. Code § 36-4-3-2.2(c)(5) — 1 case
West v. City of Princeton, 901 N.E.2d 1141 (Ind. Ct. App. 2009). “Indiana Code section 36-4-3-2.2 provides in part as follows: (b) Before a municipality may annex territory, the municipality shall provide written notice of the hearing required under section 2.”
— Ind. Code § 36-4-3-2.2(d) — 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). “1(b) further provides that notice of the hearing must be published in a local newspaper at least sixty days before the hearing and that notice must also be “mailed as set forth in” Indiana Code Section 36-4-3-2.2. Indiana Code Section 36-4-3-2.”
— Ind. Code § 36-4-3-2.2(e) — 2 cases
City of Kokomo Ex Rel. Goodnight v. Pogue, 940 N.E.2d 833 (Ind. Ct. App. 2010). “Here, the Remonstrators claim that Kokomo failed to comply with Section 36-4-3-2.2. That statute does not deal specifically with remonstrances.”
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). “1(b) further provides that notice of the hearing must be published in a local newspaper at least sixty days before the hearing and that notice must also be “mailed as set forth in” Indiana Code Section 36-4-3-2.2. Indiana Code Section 36-4-3-2.”
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