Ind. Code » Title 36
Indiana Code

Ind. Code § 36-4-3-3.1 (2026)

Written fiscal plan

✓ current as of May 2026
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     Sec. 3.1. (a) This section does not apply to an annexation under section 4(a)(2), 4(a)(3), 4(b), 4(h), or 4.1 of this chapter.

     (b) A municipality shall develop and adopt a written fiscal plan and establish a definite policy by resolution of the legislative body that meets the requirements set forth in section 13 of this chapter.

     (c) Except as provided in subsection (d) and section 5.2 of this chapter, the municipality shall establish and adopt the written fiscal plan before mailing the notification to landowners in the territory proposed to be annexed under section 2.2 of this chapter.

     (d) In an annexation under section 5 or 5.1 of this chapter, the municipality shall establish and adopt the written fiscal plan before adopting the annexation ordinance.

As added by P.L.248-1999, SEC.3. Amended by P.L.217-1999, SEC.3; P.L.224-2001, SEC.3; P.L.70-2022, SEC.4.

 

Notes of Decisions
Cited in 2 cases, 2010–2012 · leading 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).
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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 4× “At oral argument, the Association conceded that a municipality institutes an annexation proceeding by adopting a written fiscal plan pursuant to Indiana Code Section 36-4-3-3.1 and that Sellersburg validly instituted the annexation proceeding in this case.”
Town of Dyer v. Town of St. John, 919 N.E.2d 1196 (Ind. Ct. App. 2010). · cites it 2× “See I.C. § 36-4-3-3.1. Additionally, residents of non-adjacent areas to be annexed could have very different opinions on the desirability of annexation.”
Ind. Code § 36-4-3-3.1(b): 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). “At oral argument, the Association conceded that a municipality institutes an annexation proceeding by adopting a written fiscal plan pursuant to Indiana Code Section 36-4-3-3.1 and that Sellersburg validly instituted the annexation proceeding in this case.”
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