Indiana § 36-4-3-8 - Terms and conditions in adopted ordinance
Full text of Indiana Indiana Code § 36-4-3-8 — Terms and conditions in adopted ordinance, with citation guidance and answers to common questions.
§ 36-4-3-8. Terms and conditions in adopted ordinance
Sec. 8. (a) This section does not apply to an ordinance adopted under section 5 or 5.1 of this chapter.
(b) An ordinance adopted under section 3 or 4 of this chapter must include terms and conditions fairly calculated to make the annexation equitable to the property owners and residents of the municipality and the annexed territory. The terms and conditions may include:
(1) postponing the effective date of the annexation for not more than three (3) years; and
(2) establishing equitable provisions for the future management and improvement of the annexed territory and for the rendering of needed services.
(c) This subsection applies to territory sought to be annexed that meets all of the following requirements:
(1) The resident population density of the territory is at least three (3) persons per acre.
(2) The territory is subdivided or is parceled through separate ownerships into lots or parcels such that at least sixty percent (60%) of the total number of lots and parcels are not more than one (1) acre.
This subsection does not apply to an ordinance annexing territory described in section 4(a)(2), 4(a)(3), 4(b), or 4(h) of this chapter. The ordinance must include terms and conditions impounding in a special fund all of the municipal property taxes imposed on the annexed territory after the annexation takes effect that are not used to meet the basic services described in section 13(d)(4) and 13(d)(5) of this chapter for a period of at least three (3) years. The impounded property taxes must be used to provide additional services that were not specified in the plan of annexation. The impounded property taxes in the fund shall be expended as set forth in this section, not later than five (5) years after the annexation becomes effective.
[Pre-Local Government Recodification Citations: 18-5-10-19 part; 18-5-10-20 part; 18-5-10-21.]
As added by Acts 1980, P.L.212, SEC.3. Amended by P.L.248-1999, SEC.4; P.L.217-1999, SEC.5; P.L.224-2001, SEC.8.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 36-4-3-8
What does Indiana Code § 36-4-3-8 cover?
Section 36-4-3-8 ("Terms and conditions in adopted ordinance") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 36-4-3-8?
A common citation format is "Indiana Code § 36-4-3-8" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 36-4-3-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.