Indiana Code

Ind. Code § 36-4-3-5 (2026)

Private lands; petition requesting ordinance to annex; filing; proceedings

✓ current as of May 2026

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Sec. 5. (a) This subsection applies only to a petition requesting annexation that is filed before July 1, 2015. If the owners of land located outside of but contiguous to a municipality want to have territory containing that land annexed to the municipality, they may file with the legislative body of the municipality a petition:

(1) signed by at least:

(A) fifty-one percent (51%) of the owners of land in the territory sought to be annexed; or

(B) the owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes; and

(2) requesting an ordinance annexing the area described in the petition.

(b) This subsection applies only to a petition requesting annexation that is filed after June 30, 2015. If the owners of land located outside of but contiguous to a municipality want to have territory containing that land annexed to the municipality, they may file with the legislative body of the municipality a petition that meets the following requirements:

(1) The petition is signed by at least one (1) of the following:

(A) Fifty-one percent (51%) of the owners of land in the territory sought to be annexed. An owner of land may not:

(i) be counted in calculating the total number of owners of land in the annexation territory; or

(ii) have the owner's signature counted;

with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(B) The owners of seventy-five percent (75%) of the total assessed value of the land for property tax purposes. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count an owner's signature on a petition with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(2) The petition requests an ordinance annexing the area described in the petition.

(c) The petition circulated by the landowners must include on each page where signatures are affixed a heading that is substantially similar to the following:

"PETITION FOR ANNEXATION INTO THE (insert whether city or town) OF (insert name of city or town).".

(d) If the legislative body fails to pass the ordinance within one hundred fifty (150) days after the date of filing of a petition under subsection (a) or (b), the petitioners may file a duplicate copy of the petition in the circuit or superior court of a county in which the territory is located, and shall include a written statement of why the annexation should take place. Notice of the proceedings, in the form of a summons, shall be served on the municipality named in the petition. The municipality is the defendant in the cause and shall appear and answer.

(e) The court shall hear and determine the petition without a jury, and shall order the proposed annexation to take place only if the evidence introduced by the parties establishes that:

(1) essential municipal services and facilities are not available to the residents of the territory sought to be annexed;

(2) the municipality is physically and financially able to provide municipal services to the territory sought to be annexed;

(3) the population density of the territory sought to be annexed is at least three (3) persons per acre; and

(4) the territory sought to be annexed is contiguous to the municipality.

If the evidence does not establish all four (4) of the preceding factors, the court shall deny the petition and dismiss the proceeding.

(f) This subsection does not apply to a town that has abolished town legislative body districts under IC 36-5-2-4.1. An ordinance adopted under this section must assign the territory annexed by the ordinance to at least one (1) municipal legislative body district.

[Pre-Local Government Recodification Citation: 18-5-10-23.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.308, SEC.3; P.L.5-1989, SEC.93; P.L.3-1993, SEC.264; P.L.255-1997(ss), SEC.11; P.L.224-2001, SEC.5; P.L.173-2003, SEC.22; P.L.228-2015, SEC.9; P.L.149-2016, SEC.96.

Notes of Decisions

Cited in 6 cases, 1995–2017 · 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 7× “§ 36-4-3-4 (“section 4”); a municipality may annex contiguous territory by accepting a petition submitted by less than all of the landowners residing in the territory, I.C. § 36-4-3-5 (“section 5”); or, as here, a municipality may annex contiguous territory by accepting a…”

City of Greenwood v. TOWN OF BARGERSVILLE, 930 N.E.2d 58 (Ind. Ct. App. 2010). · cites it 4× “Ind.Code § 36-4-3-5 3 If the municipality's legislative body fails to adopt an annexation ordinance within a specified period of time, then the petitioners may hale the municipality into court.”

Prock v. Town of Danville, 655 N.E.2d 553 (Ind. Ct. App. 1995). · cites it 4× “I.C. § 36-4-3-5(b) provides that persons who have filed a petition requesting that a municipality annex their land may seek court action against the annexing municipality for its failure to act on their petition within sixty days.”

Town of Georgetown v. Edwards Cmty., Inc., 885 N.E.2d 722 (Ind. Ct. App. 2008). “” Indiana Code sections 36-4-3-5 and 36-4-3-5.1 deal with so-called "voluntary” and "super-voluntary” annexations.”

Town of Dyer v. Town of St. John, 919 N.E.2d 1196 (Ind. Ct. App. 2010). · cites it 2× “If a majority of landowners, but less than 100% of them, petition for annexation, it is a "voluntary" annexation pursuant to Indiana Code Section 36-4-3-5. Id. 4 . We held that annexation of the first parcel was not complete when the ordinance was adopted, and instead only was…”

Town of Cedar Lake, Indiana v. Certain Cedar Lake 2014 Annexation Territory Landowners, 85 N.E.3d 643 (Ind. Ct. App. 2017). · cites it 2× “or any part thereof during the four (4) years after the later of (A) entry of this Judgment; or (B) the date of final disposition of all appeals to a higher court, unless the annexation is petitioned under Ind. Code § 36-4-3-5 or 5.1. Order pp. 2-10.”

— Ind. Code § 36-4-3-5(b) — 1 case

Prock v. Town of Danville, 655 N.E.2d 553 (Ind. Ct. App. 1995). “I.C. § 36-4-3-5(b) provides that persons who have filed a petition requesting that a municipality annex their land may seek court action against the annexing municipality for its failure to act on their petition within sixty days.”

— Ind. Code § 36-4-3-5(c) — 1 case

City of Carmel v. Steele, 865 N.E.2d 612 (Ind. 2007). “§ 36-4-3-4 (“section 4”); a municipality may annex contiguous territory by accepting a petition submitted by less than all of the landowners residing in the territory, I.C. § 36-4-3-5 (“section 5”); or, as here, a municipality may annex contiguous territory by accepting a…”

— Ind. Code § 36-4-3-5(d) — 1 case

City of Greenwood v. TOWN OF BARGERSVILLE, 930 N.E.2d 58 (Ind. Ct. App. 2010). “Ind.Code § 36-4-3-5 3 If the municipality's legislative body fails to adopt an annexation ordinance within a specified period of time, then the petitioners may hale the municipality into court.”

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