By SUSAN BLOWER

Indiana Correspondent

INDIANAPOLIS, Ind. — Involuntary annexation can be a tough battle for landowners in rural areas near municipalities, and for farmers, it can limit their operations and impact future expansion.

“The last few years, farmers across the state located near cities or towns have been subjected to involuntary annexation. In some cases communities are competing for territory, impacting thousands of acres of farmland,” said Katrina Hall, director of state government relations at the Indiana Farm Bureau (IFB).

IFB is working to support a bill that would give landowners a chance to fight annexation without going to court. State Senate Bill 330, in its current form, would require municipalities to gather petitions signed by 51 percent of landowners or owners of more than 75 percent of the assessed value of property before proceeding with annexation.

The bill, if approved and signed into law, would take effect June 30. S.B. 330 passed the Senate 34-16 and is now in the Government and Regulatory Reform committee of the House. In committee the bill may be amended or completely rewritten, Hall said.

Current law does not require the consent of landowners, who must litigate their case in court at their own expense if they want to fight it. Most of the time, court cases go against property owners who contest annexation, she said. Not only that, but the people most effected by annexation can’t vote for the city or town leaders who make those decisions.

“Municipal leaders and associations who provide city services are working against a change. This subject has been a hard fight in both the House and the Senate,” Hall explained.

State Sen. Philip Boots (R-Crawfordsville), who authored S.B. 330, said current law does not give property owners a say in whether they are annexed.

“Annexation has been an issue ever since I’ve been here. It’s not fair to the public. Those who want to challenge an ordinance must file a remonstrance. I say they should have a say on the front end, not the back end,” he said.

Boots was provoked to act after a land area in his district was in dispute of annexation, resulting in a court case. Though landowners won their case, the municipality could still appeal it, he said. “The citizens would have to spend more money to fight an appeal, whereas the municipality spends someone else’s money.

“The fair way to do it is to go out and sell it to the community. We’re one of only a few states that still allows involuntary annexation,” he added.

The Indiana Assoc. of Cities and Towns has mobilized against the bill, Boots said. An interview request with the association went unanswered by press time.

Hall said interested farmers and landowners should call their state representative to express their support for more protections from annexation, without going to court.