Ind. Code § 36-6-1.5-1 Applicability
Sec. 1. This chapter does not apply to a township in a county containing a consolidated city.
As added by P.L.240-2005, SEC.3.
Ind. Code ch. 36-6-1.5
Ind. Code ch. 36-6-1.5
in effectInd. Code § 36-6-1.5-1.5 Use of excess funds; indebtedness; assistance by department of local government finance
Sec. 1.5. (a) All of the following apply to a township that merges with another township under this chapter:
(1) Notwithstanding any other law, the new township government may use any funds in excess of what the new township government determines is necessary to deliver effective service to pay the indebtedness of the new township government, including bonds and other indebtedness transferred to the new township government under section 8 of this chapter.
(2) Notwithstanding any other law, after the indebtedness described in subdivision (1) is satisfied, the new township government may do the following with any remaining excess funds:
(A) Transfer the funds to:
(i) the county in which the new township government is located; or
(ii) a municipality that has jurisdiction;
to make improvements to infrastructure located within the area of the new township government.
(B) Transfer the funds to a transportation corporation that offers service within the area of the new township government to pay for, or make improvements to, services within the area of the new township government.
(C) Use the funds for improvement of fire protection services within the area of the new township government.
(D) Transfer the funds to a political subdivision that has jurisdiction within the new township government for improvement of any fire department that provides service within the area of the new township government.
(b) Notwithstanding any other law, the department of local government finance shall take any and all appropriate action to assist townships in merging under this chapter and may not in any manner delay a merger of townships or prevent a merger of townships.
(c) This section shall be liberally construed to effect the purposes of this section.
(d) Notwithstanding any other law, to the extent the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter are controlling, and compliance with this chapter shall be treated as compliance with the conflicting law.
As added by P.L.255-2013, SEC.11.
Ind. Code § 36-6-1.5-2 "Former township government"
Sec. 2. As used in this chapter, "former township government" means a township government that merges with at least one (1) other township government under this chapter.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-3 "New township government"
Sec. 3. As used in this chapter, "new township government" means the township government that results from the merger of at least two (2) township governments under this chapter.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-4 General requirements
Sec. 4. At least two (2) township governments may merge to form one (1) township government under this chapter, if:
(1) the township governments are entirely located within the same county;
(2) all the territory within the township governments is subject to the merger; and
(3) each township whose government is subject to the merger is contiguous to at least one (1) other township whose government is subject to the merger.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-5 Adoption of identical resolutions
Sec. 5. (a) The township trustees, with the approval of a majority of the members of the township legislative body of each township that wants to merge township governments under this chapter, must comply with this section.
(b) The township trustees must present identical resolutions approving the township government merger to the trustees' respective township legislative bodies. A township legislative body may adopt a resolution under this chapter only after the legislative body has held a public hearing concerning the proposed merger. The township legislative body shall hold the hearing not earlier than thirty (30) days after the date the resolution is introduced. The hearing shall be conducted in accordance with IC 5-14-1.5 and notice of the hearing shall be published in accordance with IC 5-3-1.
(c) The township legislative bodies may, and a township legislative body merging under IC 36-6-1.7 shall, adopt the identical resolutions approving the township government merger under this chapter not later than ninety (90) days after the legislative body has held the public hearing under subsection (b).
(d) The trustees of the participating townships shall jointly file a copy of the identical resolutions with:
(1) the department of local government finance;
(2) the circuit court clerk; and
(3) the office of the secretary of state.
(e) This subsection does not apply to a merger under IC 36-6-1.7. A township legislative body may not adopt a resolution ordering a merger after January 1 of a year in which:
(1) a general election is held; and
(2) a township trustee is elected.
(f) A merger under this chapter may reduce the term of a township trustee of a former township government.
As added by P.L.240-2005, SEC.3. Amended by P.L.255-2013, SEC.12; P.L.134-2026, SEC.4.
Ind. Code § 36-6-1.5-6 Effective date of merger
Sec. 6. (a) This subsection does not apply to a merger under IC 36-6-1.7. The merger becomes effective on January 1 of the year following the adoption of the resolution approving the merger of the townships.
(b) An officer elected to represent the merged township government shall be considered to be a resident of the territory comprising the new township government.
As added by P.L.240-2005, SEC.3. Amended by P.L.255-2013, SEC.13; P.L.134-2026, SEC.5.
Ind. Code § 36-6-1.5-7 Election of officers
Sec. 7. If township governments merge under this chapter:
(1) IC 36-6-6 applies to the election of the township board; and
(2) IC 36-6-5-1 applies to the election of a township assessor;
of the new township government.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-8 Merger effective date; former township governments abolished; property, functions, and indebtedness transferred
Sec. 8. (a) On the date a merger takes effect:
(1) the former township governments are abolished as separate entities;
(2) each township subject to the merger retains its geographical boundaries and its name;
(3) the territory of the new township government includes all the territory that comprised the territories of the former township governments before the merger;
(4) the agencies of the former township governments are abolished;
(5) the functions of the abolished agencies are assigned to agencies of the new township government;
(6) the:
(A) property;
(B) records;
(C) personnel;
(D) rights; and
(E) liabilities;
related to the functions of the abolished agencies are assigned to agencies of the new township government; and
(7) Subject to subsection (b), any bonds and other indebtedness of, or assumed by, the former township governments are transferred to the new township government.
(b) This subsection applies to a merger under IC 36-6-1.7. Indebtedness that was incurred by each former township government prior to the merger under IC 36-6-1.7:
(1) may not be imposed on taxpayers that were not responsible for payment of the indebtedness before the merger; and
(2) must be paid by the taxpayers that were responsible for payment of the indebtedness before the merger.
As added by P.L.240-2005, SEC.3. Amended by P.L.134-2026, SEC.6.
Ind. Code § 36-6-1.5-9 Provisions concerning state and federal licensing, rules, regulations, and governmental assistance
Sec. 9. Upon the corporate dissolution of a township government under this article, the following apply for purposes of all state and federal licensing and regulatory laws, statutory entitlements, gifts, grants-in-aid, governmental loans, or other governmental assistance under state or federal statutes, rules, or regulations:
(1) The entire geographic area and population of a new township government that is established under this chapter shall be used when calculating and determining the distribution basis for the following:
(A) State or federal government statutory entitlements.
(B) Gifts.
(C) Grants-in-aid.
(D) Loans.
(E) Any form of governmental assistance that is not listed in this subdivision.
(2) Following a public hearing for which notice is published in accordance with IC 5-3-1 at least thirty (30) days before the public hearing takes place, the executive of a new township government that is established under this chapter shall determine and designate to the appropriate state or federal agency the:
(A) geographic areas;
(B) parts of roads;
(C) segments of population; or
(D) combinations of the items listed in clauses (A) through (C);
that constitute rural or urban areas, roads, or populations, if this designation was previously required of any township that merges under this chapter.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-10 Resolutions, rules, and bylaws of former township governments continue
Sec. 10. When a new township government is established under this chapter, the following occur:
(1) The resolutions, rules, and bylaws of each of the former township governments:
(A) remain in force within the territory to which they applied before the merger; and
(B) continue in force until amended or repealed by the legislative body or an administrative body of the new township government.
(2) Pending actions that involve any former township government shall be prosecuted to final judgment and execution, and judgments rendered in those actions may be executed and enforced against the new township government without any change of the name of the plaintiff or defendant.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-11 Transfer of funds to new township government
Sec. 11. (a) On the date the formation of a new township government takes effect, all money in the funds of each of the former township governments is transferred to the new township government. The new township government:
(1) shall deposit the money in its funds that most closely correspond to the funds of the former township governments; and
(2) may use the money to pay its operational and capital costs for the balance of the calendar year.
(b) After the date the formation of a new township government takes effect, the new township government is entitled to receive all distributions of taxes and other revenue that would have been made to the former township governments if the merger had not occurred. The new township government shall deposit the money in its funds that correspond most closely to the funds of the former township governments into which the taxes or other revenue would have been deposited if the merger had not occurred.
As added by P.L.240-2005, SEC.3.
Ind. Code § 36-6-1.5-12 Budget, levy, and tax rate of new township; savings; adjustments
Sec. 12. (a) Subject to subsection (b), the officers of the new township government shall:
(1) obtain from the department of local government finance approval under IC 6-1.1-18.5-7 of:
(A) a budget;
(B) an ad valorem property tax levy; and
(C) a property tax rate;
(2) fix the annual budget under IC 6-1.1-17;
(3) impose a property tax levy; and
(4) take any action necessary to ensure the collection of fees and other revenue;
for the new township government for the budget year following the year the officers take office.
(b) The resolutions approving the township government merger under this chapter must specify the amount (if any) of the decrease that the department of local government finance shall make to the maximum permissible property tax levies, maximum permissible property tax rates, and budgets under IC 6-1.1-17 and IC 6-1.1-18.5 of the new township to:
(1) eliminate double taxation for services or goods provided by the new township; or
(2) eliminate any excess by which the amount of property taxes imposed by the new township exceeds the amount necessary to pay for services or goods provided under this article.
(c) The fiscal body of the new township shall determine and certify to the department of local government finance the amount of the adjustment (if any) under subsection (b). The amount of the adjustment (if any) to be made under subsection (b) must comply with the resolutions approving the township government merger.
(d) The department may prescribe forms for submission to the department to expedite processing of mergers under IC 36-6-1.7.
As added by P.L.240-2005, SEC.3. Amended by P.L.58-2011, SEC.4; P.L.255-2013, SEC.14; P.L.134-2026, SEC.7.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/36Fetched: 10/17/2026