Bills Failed in House and Senate

The proposed bills introduced by Senator Gard (reported on last week) were not passed by the Senate Committee on Local Government & Elections; and, the proposed bill from Representative Orentlicher was not assigned to a committee-evidently, Speaker Bauer thinks this is a Republican issue and is not cognizant that this is a property rights issue.

Now what? We understand that Senator David Long (President Pro Tempore) will consider establishing a study committee to review current state annexation law to identify needed changes and introduce legislation to place a moratorium on all forced annexations pending the outcome of the study committee’s work. However, he is awaiting a “grass roots” movement from across the state to encourage him to do so-likely, he wants to be sure there is sufficient voter support for the idea.

If you believe that these actions-moratorium, study committee-are needed and appropriate, please e-mail, call, and/or write Senator Long with your thoughts:

Direct e-mail: s16@ai.org
E-mail via the Senator’s state webpage

Senator David C. Long
President Pro Tempore
200 W. Washington Street
Indianapolis, IN 46204
(317) 232-9400
(800) 382-9467

Following is an example of one of the e-mails sent to him, which may help stimulate your thoughts on the subject:

Dear Senator Long:

As you are aware, there are a significant number of forced annexations going on across the state in which property owners are being forced into municipalities against their wishes. As you are also aware, several bills were introduced this legislative session to help reform state annexation law to at least give property owners a fair chance to fight forced annexations have either not been assigned to Committee (House) or were not passed by the assigned Committee (Senate Local Government and Elections; passage was lost by one vote, yet not all Committee members were in attendance for the vote).

I am writing as an Indiana citizen and property owner to ask you to take two actions: (1) Establish a study committee to review current state annexation law and identify changes necessary to make the law fair and equitable; (2) Introduce legislation to place an immediate moratorium on all forced annexations until after the study committee has completed its analysis and corrective legislation can be introduced and voted on next session.

The latter is extremely important. If a study committee is formed, municipalities will recognize that the annexation law may be changed and will rush through as many forced annexations as possible to get ahead of any statutory changes that may not be in their favor, which would defeat the purpose of the study committee and the value of any changes to the law.

Changes to the law are desperately needed. Although state annexation law was amended several years ago with the intention of giving property owners additional rights to challenge forced annexation of their property, there is clear evidence that municipalities are abusing the law because the cost to homeowners to remonstrate is exceedingly expensive (often in the $100,000 to $400,000 range) and, as such, the municipalities expect no legal resistance; the only check-and-balance over forced annexations is the property owner’s right to remonstrate. No governmental agency is charged with verifying the veracity and validity of a forced annexation; thus, many occur that, in fact, violate the current statutes.

Please press forward with the moratorium and the study committee so that the citizens and homeowners of Indiana have equal and fair protections under the law.

Thank you very much for your time and attention.

The more people who express their concerns about current annexation law to Senator Long the greater the chance that he will take action.

Supreme Court Hearing Next Week

Next Thursday, March 8th, at 9:45am the Indiana State Supreme Court will hear oral arguments in the City of Carmel vs. Southwest Clay appeal. The public may attend. The hearing will be in the Supreme Court courtroom, Room 317 of the Statehouse at 200 West Washington Street, downtown Indianapolis.

The arguments are supposed to be limited to a total of 40 minutes (20 minutes per side).

No doubt, the press will be in attendance.

This would be an excellent opportunity to demonstrate support for Southwest Clay by attending the hearing-out of respect for the court, business-type dress is appropriate.

Keep in mind that Southwest Clay prevailed over Carmel in Hamilton County Superior Court; this is Carmel’s appeal of that ruling and other municipalities, including the Town of Fishers, have filed “friend of the court” briefs in support of Carmel. After all, the very points Carmel lost on in Superior Court are the same, exact points that Fishers has included in their annexation ordinances (and, as such, likely would lose on the same grounds). The Supreme Court’s ruling on the appeal may happen 30 – 60 days after the hearing.