Ind. Code § 36-9-2-18
Extraterritorial powers; four mile limit
Sec. 18. A municipality may exercise powers granted by sections 2, 3, 14, 16, and 17 of this chapter in areas within four (4) miles outside its corporate boundaries.
[Pre-Local Government Recodification Citations: 18-1-1.5-7 part; 18-1-1.5-14 part; 18-3-1-50 part.]
As added by Acts 1980, P.L.211, SEC.4.
Notes of Decisions
Cited in 5
cases, 2001–2020 · leading case: Town of Plainfield v. Town of Avon
Town of Plainfield v. Town of Avon (2001)
“See Ind.Code § 36-9-2-18. Furthermore, Indiana Code section 36-9-28-36 provides that a municipality may exercise jurisdiction to provide sewage works within ten (10) miles outside its corporate boundaries.”
Farley Neighborhood Ass'n v. Town of Speedway (2001)
“We note that Indiana Code section 36-9-2-18 allows a municipality to exercise its power *1139 to control disposal of sewage up to four (4) miles outside its corporate boundaries.”
Town of Newburgh v. Town of Chandler (2013)
“Section 36-9-2-18 further provides that "[a] municipality may exercise powers granted by sections 2, 8, 14, 16, and 17 of this chapter in areas within four (4) miles outside its corporate boundaries.”
Delaware County Regional Wastewater District v. Muncie Sanitary District (2020)
“Court of Appeals of Indiana | Opinion 19A-EX-2964 | July 22, 2020 Page 4 of 21 [5] I.C. § 36-9-2-18 allows municipalities, including MSD, to “exercise powers” – in this case, provide sewer service – within four miles of their boundaries.”
BROWN COUNTY WATER UTILITY, INC. v. TOWN OF NASHVILLE, INDIANA (2019)
“Code § 36-9-2-18 (emphasis added). Nashville did not need to annex the property to serve Big Woods, and Nashville did not need to have the IURC establish an exclusive water service area, under state law, to serve Big Woods.”
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