City of Bloomington encounters multiple obstacles in its pursuit of annexation

Bloomington, Indiana – Over the last two months, the city of Bloomington has encountered two legal obstacles in its annexation process, including a court ruling that it is currently appealing.

The city is contesting the June decision of special Judge Nathan G. Nikirk regarding a 2019 state statute that will hinder the city’s attempts to annex land. According to Nikirk’s decision, the city is not permitted to sue the state of Indiana.

Indiana Public Media reports that on July 10, the court rendered a decision that permits the city to file an appeal. On July 26, the city of Bloomington formally filed an appeal with the court.

House Bill 1427, a 2019 state law, nullified remonstration waivers that were more than 15 years old. Contracts known as demonstration waivers are made between unincorporated property owners and cities. The property owners consent to not object to any further annexations in exchange for a remonstration waiver.

The drive for annexation started in 2017, however Bloomington’s attempts were halted by a section 11.8 state budget amendment that was passed by the Indiana Assembly. After the city successfully sued the state of Indiana, a judge declared the statute unconstitutional on the grounds that it specifically targeted the city.

Because the law disobeys Indiana Constitution article 4, section 23, it was deemed unconstitutional. In essence, the clause says that where a “general law could be applicable,” special legislation is prohibited by law.

The Herald-Times reports that in 2021, four unorganized regions bordering the city and three zones to the west that are encircled by city property were included in the city’s bid to annex, which was carried out by then-Mayor John Hamilton of Bloomington.

Residents successfully petitioned to stop annexation in five of the scheduled annexation zones, thanks in part to the 2019 bill.

Hamilton claimed that the proposed expansion territory would “right-size” the city by adding around 8,200 acres of new property. The city of Bloomington claims that annexation enables it to “keep up” with population growth and development.

Since 2004, the city’s boundaries have not been increased.
Bloomington won’t be able to annex four neighborhoods if its appeal is denied. These domains consist of:

• Area 1C, small zone on city’s far southwest side
• Area 2, east side zone extending past current boundary
• Area 3 west side zone surrounded by city
• Area 4, west side zone surrounded by city

Nikirk also decided against annexation in 1A, which would have moved the city border westward, and 1B, which would have moved the city border southwest, siding with the locals.

On August 7, he rendered the decision, finding that the planned annexation did not serve the “best interests of owners of land” in regions 1A and 1B. He mentioned how the anticipated annexation will make the shortage of public services worse.

The annexation plan of zones 1A and 1B was met with unanimous opposition by county commissioners, according to a news statement issued by County Residents Against Annexation. During public comment periods, locals voiced worries about a variety of issues, including sanitation services, police protection, and more.

Margaret Clements, president of CRAA, stated in the statement, “We are happy that the residents in 1A and 1B, who did not feel that it was in their best interests to be involuntarily annexed into the City of Bloomington, have been heard.”

With the loss of two of the seven intended annexation zones, the city now focuses on the 2019 state law’s appeals process. The outcome of the appeal will determine four of the five annexation zones that remain.