Sec. 9. (a) Subject to subsection (b), an ordinance adopted under section 7 of this chapter may be repealed or amended only after notice of the proposed repeal or amendment is published and mailed in the manner provided by section 6 of this chapter.

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Terms Used In Indiana Code 36-7-22-9

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
     (b) The legislative body of a unit may pass an amending ordinance to increase the boundaries of a district only if the following apply:

(1) An owner of real property wishing to include the owner’s real property within the boundaries of the district voluntarily enters into a written agreement with the legislative body of the unit in which the owner requests and consents to increasing the boundaries of the district to include the owner’s real property. An agreement entered into under this subdivision must:

(A) include a legal description of the subject property; and

(B) be authorized before a notary public.

(2) An agreement described in subdivision (1) must be entered into prior to the date of the publication of the notice required under subsection (a).

     (c) This subsection applies to real property subject to an agreement entered into under subsection (b)(1) that is subsequently sold to a new owner. The new owner of real property to which this subsection applies may opt out of the prior owner’s agreement entered into under subsection (b)(1).

As added by P.L.195-1988, SEC.1. Amended by P.L.207-2018, SEC.5; P.L.156-2024, SEC.35.