§2172. Information to be submitted with legislation proposing secession
A territory that seeks to have legislation submitted on its behalf proposing its secession from a municipality shall provide the Legislature with the following information, which the Legislature may use in making a determination on a proposal for secession:
                                     
                                [PL 1997, c. 699, §3 (AMD).]
              
                  1. 
                                Report on attempts to resolve differences. 
                                A report on attempts by the secession territory to resolve concerns that have caused the desire to secede from the municipality.  If a neutral 3rd party was involved in the attempt to resolve concerns through alternative dispute resolution methods such as mediation, facilitation or arbitration, the territory must also submit a report from the neutral 3rd party;
                                     
                                
                [PL 1999, c. 381, §3 (AMD).]
              
                  2. 
                                Effective date. 
                                The date on which a proposed secession is effective;
                                     
                                
                [PL 1995, c. 377, §2 (NEW).]
              
                  3. 
                                Provision of educational services. 
                                Plans for the provision of educational services, including school transportation services for all students in the proposed secession territory;
                                     
                                
                [PL 1995, c. 377, §2 (NEW).]
              
                  4. 
                                Distribution of tangible assets and liabilities. 
                                Plans regarding the distribution of assets and liabilities;
                                     
                                
                [PL 1995, c. 377, §2 (NEW).]
              
                  5. 
                                Information about municipality. 
                                The following information concerning the municipality and the proposed secession territory:
                                     
                                
                
                  A.
                                        Present population, past population change and projected population for the secession territory;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  B.
                                        Quantity of land within the secession territory proposed for incorporation; the natural terrain of the secession territory, including general topography, major watersheds, soil conditions; and such natural features as rivers and lakes;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  C.
                                        Present pattern of physical development in the secession territory, including residential, industrial, commercial, agricultural and institutional land uses; and the present transportation network and potential transportation issues, including proposed highway development;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  D.
                                        Land use controls and planning presently being utilized in the secession territory, including comprehensive plans for development in the secession territory;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  E.
                                        Present governmental services being provided to the secession territory, including water and sewer service, fire protection, police protection, street improvements and maintenance, administrative services and recreational facilities;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  F.
                                        Existing or potential problems of environmental pollution and the need for additional services to resolve these problems;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  G.
                                        Fiscal data of the secession territory, including the net tax capacity of the proposed secession territory and the impact on the municipality from which the territory proposes to secede; the present bonded indebtedness; and the local tax rates of the county, school district and municipality;
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  H.
                                        Effect of the proposed incorporation on communities adjacent to the secession territory and on school districts within and adjacent to the secession territory; and
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                
                  I.
                                        Ability of municipal government to deliver services to the secession territory; and
                                     
                                [PL 1995, c. 377, §2 (NEW).]
                [PL 1995, c. 377, §2 (NEW).]
              
                  6. 
                                Community support. 
                                The extent to which the proposed secession territory and the affected municipality or municipalities have demonstrated support or opposition for a proposal for secession, including the use of petitions, votes or other methods of indicating support or opposition.
                                     
                                
                [PL 1995, c. 377, §2 (NEW).]
              
                        SECTION HISTORY
                        
            PL 1995, c. 377, §2 (NEW). PL 1997, c. 699, §§2-4 (AMD). PL 1999, c. 381, §3 (AMD).