Monroe County, Indiana

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City of Bloomington Notices to Property Owners Outside City Limits

County Officials are receiving questions regarding a notice mailed by the City of Bloomington to some property owners who own parcels outside of the city.  The notice references Indiana Code section 36-9-22-2 and lets the property owner know that a waiver of annexation exists on the property that was recently purchased.  The following is from IC 36-9-22-2(h):

 

(h) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall provide written notice to any successor in title to property within a reasonable time after the deed is recorded, that a waiver of the right of remonstrance exists with respect to the property that was recently purchased. 

 

The section of the statute outlined above is directly related to the City’s notice, which is required by state statute to maintain any legal waiver of the right to the remonstrance of annexation. 

 

It is important to note that another portion of this same statute sets a 15-year expiration date on waivers of Remonstration against annexation.

 

The County is a party in current litigation that includes both the City of Bloomington and the State of Indiana regarding the constitutionality of limiting waivers to 15 years. However, the City’s notice is not related to that litigation.