Notice of Hearing on Petition

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Sec. 12. (a) This subsection applies only to a petition by freeholders. The petitioners shall give notice of hearing on the petition as follows:

(1) By publication in two (2) newspapers of general circulation in each county having land in the proposed district, three (3) times at successive weekly intervals. The first publication must be at least thirty (30) days before the date of the hearing. If there is only one (1) newspaper of general circulation in a county, three (3) publications in that newspaper are sufficient.

(2) By mailing a copy of the notice at least twenty (20) days before the date of the hearing, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district, according to the records of the county auditor. The person having the notice mailed shall file an affidavit with the court showing the following:

(A) The names of the persons to whom notice was sent.

(B) The address to which the notice was sent.

(C) The date on which the notice was mailed.

(b) This subsection applies only to a petition by a municipality under section 7 of this chapter. The municipality shall give notice of hearing as follows:

(1) By publication for three (3) consecutive weeks:

(A) with each publication of notice in two (2) newspapers of general circulation in each county having land in the proposed district or if there is only one (1) newspaper, publication in that newspaper is sufficient; or

(B) with the first publication of notice made in a newspaper or newspapers described in clause (A) and the two (2) subsequent publications of notice:

(i) in accordance with IC 5-3-5; and

(ii) on the official web site of the municipality.

The first publication of notice must be at least thirty (30) days before the date of the hearing.

(2) By mailing a copy of the notice at least twenty (20) days before the date of the hearing, first class postage prepaid, to each freeholder who has not signed the petition and who owns land in the proposed district, according to the records of the county auditor. The person having the notice mailed shall file an affidavit with the court showing the following:

(A) The names of the persons to whom notice was sent.

(B) The address to which the notice was sent.

(C) The date on which the notice was mailed.

[Pre-1995 Recodification Citation: 13-3-3-17.]

As added by P.L.1-1995, SEC.26. Amended by P.L.152-2021, SEC.19.


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