CHAPTER 14. REDEVELOPMENT OF AREAS NEEDING REDEVELOPMENT GENERALLY; REDEVELOPMENT COMMISSIONS
IC 36-7-14
Chapter 14. Redevelopment of Areas Needing RedevelopmentGenerally; Redevelopment Commissions
IC 36-7-14-1
Application of chapter; jurisdiction in excluded cities that elect tobe governed by this chapter
Sec. 1. (a) This chapter applies to all units except:
(1) counties having a consolidated city, and units in thosecounties, except those units described in subsection (b); and
(2) townships.
(b) This chapter applies to an excluded city (as defined inIC 36-3-1-7) that adopts an ordinance electing to be governed by thischapter and establishes a redevelopment commission under section3 of this chapter. Upon the adoption of an ordinance under thissubsection:
(1) an area needing redevelopment;
(2) an economic development area; or
(3) an allocation area previously established underIC 36-7-15.1-37 through IC 36-7-15.1-58;
continues in full force and effect as if the area had been createdunder this chapter.
(c) An:
(1) area needing redevelopment;
(2) economic development area; or
(3) allocation area previously established under IC 36-7-15.1-37through IC 36-7-15.1-58;
described in subsection (b) is subject to the jurisdiction of theredevelopment commission established under section 3 of thischapter and is not subject to the jurisdiction of the commission (asdefined in IC 36-7-15.1-37).
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981,P.L.310, SEC.82; P.L.190-2005, SEC.5; P.L.1-2006, SEC.564.
IC 36-7-14-1.3
Effect of change of reference from "blighted, deteriorated, ordeteriorating area" to "area needing redevelopment"
Sec. 1.3. (a) After June 30, 2005, a reference in any statute, rule,ordinance, resolution, contract, or other document or record to ablighted, deteriorated, or deteriorating area established under thischapter shall be treated as a reference to an area needingredevelopment (as defined in IC 36-7-1-3).
(b) After June 30, 2005, a reference in any statute, rule, ordinance,resolution, contract, or other document or record to a redevelopmentarea established under this chapter shall be treated as a reference toa redevelopment project area established under this chapter orIC 36-7-15.1.
As added by P.L.20-2010, SEC.9.
IC 36-7-14-1.5 Applicability of chapter to fire protection districts
Sec. 1.5. Notwithstanding any other law, for:
(1) areas needing redevelopment;
(2) redevelopment project areas;
(3) urban renewal project areas; or
(4) economic development areas;
established after January 1, 1992, this chapter does not apply to fireprotection districts established under IC 36-8-11.
As added by P.L.63-1991, SEC.2. Amended by P.L.185-2005, SEC.7.
IC 36-7-14-2
Declaration of public purpose; opportunities for redevelopment byprivate enterprise
Sec. 2. (a) The clearance, replanning, and redevelopment of areasneeding redevelopment under this chapter are public uses andpurposes for which public money may be spent and private propertymay be acquired.
(b) Each unit shall, to the extent feasible under this chapter andconsistent with the needs of the unit as a whole, afford a maximumopportunity for rehabilitation or redevelopment of areas by privateenterprise.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005,SEC.8.
IC 36-7-14-2.5
Economic development areas; public functions, uses, and purposes;liberal construction
Sec. 2.5. (a) The assessment, planning, replanning, remediation,development, and redevelopment of economic development areas:
(1) are public and governmental functions that cannot beaccomplished through the ordinary operations of privateenterprise because of:
(A) the necessity for requiring the proper use of the land soas to best serve the interests of the county and its citizens;and
(B) the costs of these projects;
(2) will:
(A) benefit the public health, safety, morals, and welfare;
(B) increase the economic well-being of the unit and thestate; and
(C) serve to protect and increase property values in the unitand the state; and
(3) are public uses and purposes for which public money maybe spent and private property may be acquired.
(b) This section and sections 41 and 43 of this chapter shall beliberally construed to carry out the purposes of this section.
As added by P.L.380-1987(ss), SEC.8; P.L.393-1987(ss), SEC.2.Amended by P.L.192-1988, SEC.1; P.L.221-2007, SEC.30.
IC 36-7-14-3 Redevelopment departments and commissions; creation; taxingdistricts
Sec. 3. (a) A unit may establish a department of redevelopmentcontrolled by a board of five (5) members to be known as"__________ Redevelopment Commission", designating the name ofthe municipality or county. However, in the case of a county, thecounty executive may adopt an ordinance providing that the countyredevelopment commission consists of seven (7) members.
(b) Subject to section 3.5 of this chapter, all of the territory withinthe corporate boundaries of a municipality constitutes a taxingdistrict for the purpose of levying and collecting special benefit taxesfor redevelopment purposes as provided in this chapter. Subject tosection 3.5 of this chapter, all of the territory in a county, except thatwithin a municipality that has a redevelopment commission,constitutes a taxing district for a county.
(c) All of the taxable property within a taxing district isconsidered to be benefited by redevelopment projects carried outunder this chapter to the extent of the special taxes levied under thischapter.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.35-1990,SEC.51; P.L.190-2005, SEC.6.
IC 36-7-14-3.5
Annexation of area in county; redevelopment districts; propertytax proceeds; outstanding obligations; special tax
Sec. 3.5. (a) This section applies whenever:
(1) a municipality with a redevelopment district is annexing anarea in a county; or
(2) a municipality establishes a redevelopment district;
after the county in which the municipality is located has establisheda redevelopment district.
(b) This subsection applies whenever:
(1) the area to be annexed or to be included in the municipality'sdistrict includes all or part of an allocation area established bya county redevelopment commission for purposes of section 39of this chapter; and
(2) bonds or lease obligations are outstanding that are payableby the county redevelopment commission in whole or in partfrom property tax proceeds allocated from the allocation areaunder section 39 of this chapter.
The county redevelopment commission shall continue to receiveallocations of property tax proceeds from the area annexed orincluded in the municipality's district for the commission's allocationfund as if the annexation or establishment of the district had notoccurred as long as any bonds or lease obligations payable by thecounty from allocated property tax proceeds are outstanding. Afterthe final effectiveness of the annexation or the establishment of themunicipality's district, the county redevelopment commission maynot issue bonds or enter into leases that are payable from allocatedproperty tax proceeds from the part of the allocation area annexed or
included unless the legislative body of the municipality adopts anordinance approving the issuance and this use of allocated propertytax proceeds from that part of the allocation area.
(c) This subsection applies whenever bonds or lease obligationsare outstanding that are payable by the county redevelopmentcommission in whole or in part from the special tax levied undersection 27 of this chapter. The county redevelopment commissionshall continue to levy a special tax on property in the area annexedor included in the municipality's district as long as any bonds or leaseobligations payable by the county are outstanding. After the finaleffectiveness of the annexation or the establishment of themunicipality's district, the county redevelopment commission maynot levy the special tax for new bonds or lease obligations in theannexed or included area unless the legislative body of themunicipality adopts an ordinance approving the levy.
As added by P.L.35-1990, SEC.52.
IC 36-7-14-4
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-14-5
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-14-6
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-14-6.1
Commissioners; appointment; nonvoting adviser
Sec. 6.1. (a) The five (5) commissioners for a municipalredevelopment commission shall be appointed as follows:
(1) Three (3) shall be appointed by the municipal executive.
(2) Two (2) shall be appointed by the municipal legislativebody.
The municipal executive shall also appoint an individual to serve asa nonvoting adviser to the redevelopment commission beginning July1, 2008.
(b) The commissioners for a county redevelopment commissionthat has five (5) members shall be appointed as follows:
(1) The county executive shall appoint all the members whoseterms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, thecounty executive shall appoint three (3) members, and thecounty fiscal body shall appoint two (2) members.
The county executive shall also appoint an individual to serve as anonvoting adviser to the redevelopment commission beginning July1, 2008.
(c) The commissioners for a county redevelopment commission
that has seven (7) members shall be appointed as follows:
(1) The county executive shall appoint all the members whoseterms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, thecounty executive shall appoint four (4) members, and thecounty fiscal body shall appoint three (3) members.
The county executive shall also appoint an individual to serve as anonvoting adviser to the redevelopment commission beginning July1, 2008.
(d) A nonvoting adviser appointed under this section:
(1) must also be a member of the school board of a schoolcorporation that includes all or part of the territory served bythe redevelopment commission;
(2) is not considered a member of the redevelopmentcommission for purposes of this chapter but is entitled to attendand participate in the proceedings of all meetings of theredevelopment commission;
(3) is not entitled to a salary, per diem, or reimbursement ofexpenses;
(4) serves for a term of two (2) years and until a successor isappointed; and
(5) serves at the pleasure of the entity that appointed thenonvoting adviser.
As added by Acts 1981, P.L.310, SEC.83. Amended by P.L.190-2005,SEC.7; P.L.146-2008, SEC.723.
IC 36-7-14-7
Commissioners; terms of office; vacancies; oaths; bonds;qualifications; reimbursement for expenses; compensation
Sec. 7. (a) Each redevelopment commissioner shall serve for one(1) year from the first day of January after his appointment and untilhis successor is appointed and has qualified, except that the originalcommissioners shall serve from the date of their appointment untilthe first day of January in the second year after their appointment. Ifa vacancy occurs, a successor shall be appointed in the same manneras the original commissioner, and the successor shall serve for theremainder of the vacated term.
(b) Each redevelopment commissioner, before beginning hisduties, shall take and subscribe an oath of office in the usual form,to be endorsed on the certificate of his appointment, which shall bepromptly filed with the clerk for the unit that he serves.
(c) Each redevelopment commissioner, before beginning hisduties, shall execute a bond payable to the state, with surety to beapproved by the executive of the unit. The bond must be in the penalsum of fifteen thousand dollars ($15,000) and must be conditionedon the faithful performance of the duties of his office and theaccounting for all monies and property that may come into his handsor under his control. The cost of the bond shall be paid by the specialtaxing district.
(d) A redevelopment commissioner must be at least eighteen (18)
years of age, and must be a resident of the unit that he serves.
(e) If a commissioner ceases to be qualified under this section, heforfeits his office.
(f) Except as provided in subsection (g), redevelopmentcommissioners are not entitled to salaries but are entitled toreimbursement for expenses necessarily incurred in the performanceof their duties.
(g) A redevelopment commissioner who does not otherwise holda lucrative office for the purpose of Article 2, Section 9 of theIndiana Constitution may receive:
(1) a salary; or
(2) a per diem;
and is entitled to reimbursement for expenses necessarily incurred inthe performance of the redevelopment commissioner's duties.
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981,P.L.310, SEC.84; P.L.10-1997, SEC.35; P.L.2-1998, SEC.84.
IC 36-7-14-7.1
Repealed
(Repealed by Acts 1981, P.L.310, SEC.94.)
IC 36-7-14-8
Commission; meetings; officers; treasurer; rules; quorum;approval of actions
Sec. 8. (a) The redevelopment commissioners shall hold a meetingfor the purpose of organization not later than thirty (30) days afterthey are appointed and, after that, each year on the first day inJanuary that is not a Saturday, a Sunday, or a legal holiday. Theyshall choose one (1) of their members as president, another as vicepresident, and another as secretary. These officers shall perform theduties usually pertaining to their offices and shall serve from the dateof their election until their successors are elected and qualified.
(b) The redevelopment commission may appoint a treasurer whoneed not be a member of the redevelopment commission. Theredevelopment commission may provide for the payment ofcompensation to a treasurer who is not a member of theredevelopment commission. Notwithstanding any other provision ofthis chapter, the treasurer has charge over and is responsible for theadministration, investment, and disbursement of all funds andaccounts of the redevelopment commission in accordance with therequirements of this chapter. However, the treasurer may not performany duties of the fiscal officer or any other officer of the unit that areprescribed by section 24 of this chapter or by any provisions of thischapter that pertain to the issuance and sale of bonds, notes, orwarrants of the special taxing district.
(c) The redevelopment commissioners may adopt the rules andbylaws they consider necessary for the proper conduct of theirproceedings, the carrying out of their duties, and the safeguarding ofthe money and property placed in their custody by this chapter. Inaddition to the annual meeting, the commissioners may, by resolution
or in accordance with their rules and bylaws, prescribe the date andmanner of notice of other regular or special meetings.
(d) This subsection does not apply to a county redevelopmentcommission that consists of seven (7) members. Three (3) of theredevelopment commissioners constitute a quorum, and theconcurrence of three (3) commissioners is necessary to authorize anyaction.
(e) This subsection applies only to a county redevelopmentcommission that consists of seven (7) members. Four (4) of theredevelopment commissioners constitute a quorum, and theconcurrence of four (4) commissioners is necessary to authorize anyaction.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.192-1988,SEC.4; P.L.41-1992, SEC.4; P.L.18-1992, SEC.24; P.L.190-2005,SEC.8.
IC 36-7-14-9
Commissioners; removal from office
Sec. 9. (a) The municipal executive or municipal legislative bodythat appointed a municipal redevelopment commissioner maysummarily remove that commissioner from office at any time.
(b) The county executive may summarily remove a countyredevelopment commissioner from office at any time.
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981,P.L.310, SEC.85.
IC 36-7-14-10
Commissioners and nonvoting advisers; pecuniary interests inproperty and transactions
Sec. 10. (a) A redevelopment commissioner or a nonvotingadviser appointed under section 6.1 of this chapter may not have apecuniary interest in any contract, employment, purchase, or salemade under this chapter. However, any property required forredevelopment purposes in which a commissioner or nonvotingadviser has a pecuniary interest may be acquired, but only by gift orcondemnation.
(b) A transaction made in violation of this section is void.
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981,P.L.310, SEC.86; P.L.146-2008, SEC.724.
IC 36-7-14-11
Duties of commission
Sec. 11. The redevelopment commission shall:
(1) investigate, study, and survey areas needing redevelopmentwithin the corporate boundaries of the unit;
(2) investigate, study, determine, and, to the extent possible,combat the causes of areas needing redevelopment;
(3) promote the use of land in the manner that best serves theinterests of the unit and its inhabitants;
(4) cooperate: (A) with the departments and agencies of:
(i) the unit; and
(ii) other governmental entities; and
(B) with:
(i) public instrumentalities; and
(ii) public corporate bodies;
created by state law;
in the manner that best serves the purposes of this chapter;
(5) make findings and reports on their activities under thissection, and keep those reports open to inspection by the publicat the offices of the department;
(6) select and acquire the areas needing redevelopment to beredeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment inthe manner that best serves the social and economic interests ofthe unit and its inhabitants.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005,SEC.9; P.L.221-2007, SEC.31.
IC 36-7-14-12
Repealed
(Repealed by P.L.5-1988, SEC.213.)
IC 36-7-14-12.1
Repealed
(Repealed by P.L.1-1990, SEC.362.)
IC 36-7-14-12.2
Powers of commission
Sec. 12.2. (a) The redevelopment commission may do thefollowing:
(1) Acquire by purchase, exchange, gift, grant, condemnation,or lease, or any combination of methods, any personal propertyor interest in real property needed for the redevelopment ofareas needing redevelopment that are located within thecorporate boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,or other instrument), exchange, lease, rent, or otherwise disposeof property acquired for use in the redevelopment of areasneeding redevelopment on the terms and conditions that thecommission considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the realproperty acquired for redevelopment purposes to any otherdepartment of the unit or to any other governmental agency forpublic ways, levees, sewerage, parks, playgrounds, schools, andother public purposes on any terms that may be agreed on.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess realproperty and structures acquired or to be acquired forredevelopment purposes to determine the existence, source,
nature, and extent of any environmental contamination,including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including thefollowing, found on any real property or structures acquired forredevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(7) Repair and maintain structures acquired for redevelopmentpurposes.
(8) Remodel, rebuild, enlarge, or make major structuralimprovements on structures acquired for redevelopmentpurposes.
(9) Survey or examine any land to determine whether it shouldbe included within an area needing redevelopment to beacquired for redevelopment purposes and to determine the valueof that land.
(10) Appear before any other department or agency of the unit,or before any other governmental agency in respect to anymatter affecting:
(A) real property acquired or being acquired forredevelopment purposes; or
(B) any area needing redevelopment within the jurisdictionof the commissioners.
(11) Institute or defend in the name of the unit any civil action.
(12) Use any legal or equitable remedy that is necessary orconsidered proper to protect and enforce the rights of andperform the duties of the department of redevelopment.
(13) Exercise the power of eminent domain in the name of andwithin the corporate boundaries of the unit in the mannerprescribed by section 20 of this chapter.
(14) Appoint an executive director, appraisers, real estateexperts, engineers, architects, surveyors, and attorneys.
(15) Appoint clerks, guards, laborers, and other employees thecommission considers advisable, except that those appointmentsmust be made in accordance with the merit system of the unit ifsuch a system exists.
(16) Prescribe the duties and regulate the compensation ofemployees of the department of redevelopment.
(17) Provide a pension and retirement system for employees ofthe department of redevelopment by using the Indiana publicemployees' retirement fund or a retirement plan approved by theUnited States Department of Housing and Urban Development.
(18) Discharge and appoint successors to employees of thedepartment of redevelopment subject to subdivision (15).
(19) Rent offices for use of the department of redevelopment,or accept the use of offices furnished by the unit. (20) Equip the offices of the department of redevelopment withthe necessary furniture, furnishings, equipment, records, andsupplies.
(21) Expend, on behalf of the special taxing district, all or anypart of the money of the special taxing district.
(22) Contract for the construction of:
(A) local public improvements (as defined in IC 36-7-14.5-6)or structures that are necessary for redevelopment of areasneeding redevelopment or economic development within thecorporate boundaries of the unit; or
(B) any structure that enhances development or economicdevelopment.
(23) Contract for the construction, extension, or improvementof pedestrian skyways.
(24) Accept loans, grants, and other forms of financialassistance from the federal government, the state government,a municipal corporation, a special taxing district, a foundation,or any other source.
(25) Provide financial assistance (including grants and loans) toenable individuals and families to purchase or lease residentialunits within the district. However, financial assistance may beprovided only to individuals and families whose income is at orbelow the unit's median income for individuals and families,respectively.
(26) Provide financial assistance (including grants and loans) toneighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes describedin subdivision (25); or
(B) construct, rehabilitate, or repair commercial propertywithin the district.
(27) Require as a condition of financial assistance to the ownerof a multiple unit residential structure that any of the unitsleased by the owner must be leased:
(A) for a period to be determined by the commission, whichmay not be less than five (5) years;
(B) to families whose income does not exceed eighty percent(80%) of the unit's median income for families; and
(C) at an affordable rate.
(b) Conditions imposed by the commission under subsection(a)(27) remain in force throughout the period determined undersubsection (a)(27)(A), even if the owner sells, leases, or conveys theproperty. The subsequent owner or lessee is bound by the conditionsfor the remainder of the period.
(c) As used in this section, "pedestrian skyway" means apedestrian walkway within or outside of the public right-of-way andthrough and above public or private property and buildings, includingall structural supports required to connect skyways to buildings orbuildings under construction. Pedestrian skyways constructed,extended, or improved over or through public or private propertyconstitute public property and public improvements, constitute a
public use and purpose, and do not require vacation of any publicway or other property.
(d) All powers that may be exercised under this chapter by theredevelopment commission may also be exercised by theredevelopment commission in carrying out its duties and purposesunder IC 36-7-14.5.
As added by P.L.1-1990, SEC.363. Amended by P.L.35-1990,SEC.53; P.L.185-2005, SEC.10; P.L.221-2007, SEC.32.
IC 36-7-14-12.3
Construction contracts with redevelopment commission;subcontractors; wage scales
Sec. 12.3. IC 5-16-7 applies to:
(1) a person that enters into a contract with a redevelopmentcommission to perform construction work referred to in section12.2(a)(4), 12.2(a)(7), 12.2(a)(22), or 12.2(a)(23) of thischapter; and
(2) a subcontractor of a person described in subdivision (1);
with respect to the construction work referred to in subdivision (1).
As added by P.L.35-1990, SEC.54. Amended by P.L.221-2007,SEC.33.
IC 36-7-14-13
Annual reports; contents
Sec. 13. (a) Within thirty (30) days after the close of eachcalendar year, the redevelopment commissioners shall file with theunit's executive a report setting out their activities during thepreceding calendar year.
(b) The report of the commissioners of a municipal redevelopmentcommission must show the names of the then qualified and actingcommissioners, the names of the officers of that body, the number ofregular employees and their fixed salaries or compensation, theamount of the expenditures made during the preceding year and theirgeneral purpose, the amount of funds on hand at the close of thecalendar year, and other information necessary to disclose theactivities of the commissioners and the results obtained.
(c) The report of the commissioners of a county redevelopmentcommission must show all the information required by subsection(b), plus the names of any commissioners appointed to or removedfrom office during the preceding calendar year.
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981,P.L.310, SEC.88.
IC 36-7-14-14
Contracts to perform powers and duties
Sec. 14. (a) A county may contract with a city within the countyto have any of the duties and powers listed in sections 11 and 12.2 ofthis chapter performed by the redevelopment commission of the city.
(b) A city may contract with the county in which it is located tohave any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of thecounty.
(c) A city or county may contract with:
(1) a public instrumentality; or
(2) a public corporate body;
created by state law to have the powers listed in section 12.2(a)(4)through 12.2(a)(7) of this chapter performed by the publicinstrumentality or public corporate body.
(d) A contract made under this section must be for a stated andlimited period and may be renewed.
(e) Whenever a city official acts under a contract made under thissection, or whenever permits or other writings are used under sucha contract, the action or use must be in the name of the countyredevelopment commission.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.3-1989,SEC.229; P.L.1-1990, SEC.364; P.L.221-2007, SEC.34.
IC 36-7-14-15
Data concerning areas in need of redevelopment; declaratoryresolution; amendment to resolution or plan
Sec. 15. (a) Whenever the redevelopment commission finds that:
(1) an area in the territory under its jurisdiction is an areaneeding redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be correctedin the area by regulatory processes or the ordinary operations ofprivate enterprise without resort to this chapter;
(3) the public health and welfare will be benefited by:
(A) the acquisition and redevelopment of the area under thischapter as a redevelopment project area; or
(B) the amendment of the resolution or plan, or both, for anexisting redevelopment project area; and
(4) in the case of an amendment to the resolution or plan for anexisting redevelopment project area:
(A) the amendment is reasonable and appropriate whenconsidered in relation to the original resolution or plan andthe purposes of this chapter;
(B) the resolution or plan, with the proposed amendment,conforms to the comprehensive plan for the unit; and
(C) except as provided by subsection (f), if the amendmentenlarges the boundaries of the area, the existing area doesnot generate sufficient revenue to meet the financialobligations of the original project;
the commission shall cause to be prepared the data described insubsection (b).
(b) After making a finding under subsection (a), the commissionshall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area in which property would beacquired for, or otherwise affected by, the establishment ofa redevelopment project area or the amendment of the
resolution or plan for an existing area;
(B) the location of the various parcels of property, streets,alleys, and other features affecting the acquisition, clearance,remediation, replatting, replanning, rezoning, orredevelopment of the area, indicating any parcels of propertyto be excluded from the acquisition or otherwise excludedfrom the effects of the establishment of the redevelopmentproject area or the amendment of the resolution or plan foran existing area; and
(C) the parts of the area acquired, if any, that are to bedevoted to public ways, levees, sewerage, parks,playgrounds, and other public purposes under theredevelopment plan;
(2) lists of the owners of the various parcels of propertyproposed to be acquired for, or otherwise affected by, theestablishment of an area or the amendment of the resolution orplan for an existing area; and
(3) an estimate of the costs, if any, to be incurred for theacquisition and redevelopment of property.
(c) This subsection applies to the initial establishment of aredevelopment project area. After completion of the data required bysubsection (b), the redevelopment commission shall adopt aresolution declaring that:
(1) the area needing redevelopment is a menace to the socialand economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area andredevelop it under this chapter; and
(3) the area is designated as a redevelopment project area forpurposes of this chapter.
The resolution must state the general boundaries of theredevelopment project area, and that the department ofredevelopment proposes to acquire all of the interests in the landwithin the boundaries, with certain designated exceptions, if there areany.
(d) This subsection applies to the amendment of the resolution orplan for an existing redevelopment project area. After completion ofthe data required by subsection (b), the redevelopment commissionshall adopt a resolution declaring that:
(1) except as provided by subsection (f), if the amendmentenlarges the boundaries of the area, the existing area does notgenerate sufficient revenue to meet the financial obligations ofthe original project;
(2) it will be of public utility and benefit to amend theresolution or plan for the area; and
(3) any additional area to be acquired under the amendment isdesignated as part of the existing redevelopment project area forpurposes of this chapter.
The resolution must state the general boundaries of theredevelopment project area, including any changes made to thoseboundaries by the amendment, and describe the activities that the
department of redevelopment is permitted to take under theamendment, with any designated exceptions.
(e) For the purpose of adopting a resolution under subsection (c)or (d), it is sufficient to describe the boundaries of the redevelopmentproject area by its location in relation to public ways or streams, orotherwise, as determined by the commissioners. Property exceptedfrom the application of a resolution may be described by streetnumbers or location.
(f) The redevelopment commission is not required to make thefinding and declaration described in subsections (a)(4)(C) and (d)(1)concerning the enlargement of the boundaries of an existingredevelopment project area if, before the adoption of the resolutionunder subsection (d), the Indiana economic development corporationissues a finding approving the enlargement of the boundaries. Beforeissuing a finding under this subsection, the Indiana economicdevelopment corporation must consider whether the enlargement ofthe boundaries will:
(1) lead to increased investment in Indiana;
(2) foster job creation or job retention in Indiana;
(3) have a positive impact on the unit in which theredevelopment project area is located; or
(4) otherwise benefit the people of Indiana by increasingopportunities for employment in Indiana and strengthening theeconomy of Indiana.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.35-1990,SEC.55; P.L.185-2005, SEC.11; P.L.221-2007, SEC.35;P.L.146-2008, SEC.725.
IC 36-7-14-15.5
Redevelopment project areas in certain counties; inclusion ofadditional areas outside boundaries
Sec. 15.5. (a) This section applies to a county having a populationof more than two hundred thousand (200,000) but less than threehundred thousand (300,000).
(b) In adopting a declaratory resolution under section 15 of thischapter, a redevelopment commission may include a provisionstating that the redevelopment project area is considered to includeone (1) or more additional areas outside the boundaries of theredevelopment project area if the redevelopment commission makesthe following findings and the requirements of subsection (c) aremet:
(1) One (1) or more taxpayers presently located within theboundaries of the redevelopment project area are expectedwithin one (1) year to relocate all or part of their operationsoutside the boundaries of the redevelopment project area andhave expressed an interest in relocating all or part of theiroperations within the boundaries of an additional area.
(2) The relocation described in subdivision (1) will contributeto the continuation of the conditions described in IC 36-7-1-3 inthe redevelopment project area. (3) For purposes of this section, it will be of public utility andbenefit to include the additional areas as part of theredevelopment project area.
(c) Each additional area must be designated by the redevelopmentcommission as a redevelopment project area or an economicdevelopment area under this chapter.
(d) Notwithstanding section 3 of this chapter, the additional areasshall be considered to be a part of the redevelopment special taxingdistrict under the jurisdiction of the redevelopment commission. Anyexcess property taxes that the commission has determined may bepaid to taxing units under section 39(b)(3) of this chapter shall bepaid to the taxing units from which the excess property taxes werederived. All powers of the redevelopment commission authorizedunder this chapter may be exercised by the redevelopmentcommission in additional areas under its jurisdiction.
(e) The declaratory resolution must include a statement of thegeneral boundaries of each additional area. However, it is sufficientto describe those boundaries by location in relation to public ways,streams, or otherwise, as determined by the commissioners.
(f) The declaratory resolution may include a provision withrespect to the allocation and distribution of property taxes withrespect to one (1) or more of the additional areas in the mannerprovided in section 39 of this chapter. If the redevelopmentcommission includes such a provision in the resolution, allocationareas in the redevelopment project area and in the additional areasconsidered to be part of the redevelopment project area shall beconsidered a single allocation area for purposes of this chapter.
(g) The additional areas must be located within the same countyas the redevelopment project area but are not otherwise required tobe within the jurisdiction of the redevelopment commission, if theredevelopment commission obtains the consent by ordinance of:
(1) the county legislative body, for each additional area locatedwithin the unincorporated part of the county; or
(2) the legislative body of the city or town affected, for eachadditional area located within a city or town.
In granting its consent, the legislative body shall approve the plan ofdevelopment or redevelopment relating to the additional area.
(h) A declaratory resolution previously adopted may be amendedto include a provision to include additional areas as set forth in thissection and an allocation provision under section 39 of this chapterwith respect to one (1) or more of the additional areas in accordancewith sections 15, 16, and 17 of this chapter.
(i) The redevelopment commission may amend the allocationprovision of a declaratory resolution in accordance with sections 15,16, and 17 of this chapter to change the assessment date thatdetermines the base assessed value of property in the allocation areato any assessment date following the effective date of the allocationprovision of the declaratory resolution. Such a change may relate tothe assessment date that determines the base assessed value of thatportion of the allocation area that is located in the redevelopment
project area alone, that portion of the allocation area that is locatedin an additional area alone, or the entire allocation area.
As added by P.L.170-1990, SEC.1. Amended by P.L.12-1992,SEC.169; P.L.185-2005, SEC.12; P.L.146-2008, SEC.726.
IC 36-7-14-15.8
Repealed
(Repealed by P.L.1-1993, SEC.243.)
IC 36-7-14-16
Approval of resolutions and plans by unit
Sec. 16. (a) This subsection does not apply to the redevelopmentcommission of an excluded city described in section 1(b) of thischapter. After adoption under section 15 of this chapter of aresolution that designates a redevelopment project area or amendsthe resolution or plan for an existing area, the redevelopmentcommission shall submit the resolution and supporting data to theplan commission of the unit, or if there is no plan commission, thento the body charged with the duty of developing a general plan forthe unit, if there is such a body. The plan commission may determinewhether the resolution and the redevelopment plan conform to theplan of development for the unit and approve or disapprove theresolution and plan proposed. The redevelopment commission mayamend or modify the resolution and proposed plan in order toconform them to the requirements of the plan commission. The plancommission shall issue its written order approving or disapprovingthe resolution and redevelopment plan, and may, with the consent ofthe redevelopment commission, rescind or modify that order.
(b) This subsection does not apply to the redevelopmentcommission of an excluded city described in section 1(b) of thischapter. The redevelopment commission may not proceed with:
(1) the acquisition of a redevelopment project area; or
(2) the implementation of an amendment to the resolution orplan for an existing redevelopment project area;
until the approving order of the plan commission is issued andapproved by the municipal legislative body or county executive.
(c) In determining the location and extent of a redevelopmentproject area proposed to be acquired for redevelopment, theredevelopment commission and the plan commission of the unit shallgive consideration to transitional and permanent provisions foradequate housing for the residents of the area who will be displacedby the redevelopment project.
(d) After adoption under section 15 of this chapter of a resolutionthat designates a redevelopment project area or amends theresolution or plan for an existing area, a redevelopment commissionin an excluded city that is exempt from the requirements ofsubsections (a) and (b) shall submit the resolution and supportingdata to the municipal legislative body of the excluded city. Themunicipal legislative body may:
(1) determine if the resolution and the redevelopment plan
conform to the plan of development for the unit; and
(2) approve or disapprove the resolution and plan proposed.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.190-2005,SEC.9; P.L.185-2005, SEC.13; P.L.1-2006, SEC.565; P.L.146-2008,SEC.727.
IC 36-7-14-17
Notice and hearing
Sec. 17. (a) After receipt of the written order of approval of theplan commission and approval of the municipal legislative body orcounty executive, the redevelopment commission shall publish noticeof the adoption and substance of the resolution in accordance withIC 5-3-1. The notice must:
(1) state that maps and plats have been prepared and can beinspected at the office of the department; and
(2) name a date when the commission will:
(A) receive and hear remonstrances and objections frompersons interested in or affected by the proceedingspertaining to the proposed project or other actions to betaken under the resolution; and
(B) determine the public utility and benefit of the proposedproject or other actions.
All persons affected in any manner by the hearing, including alltaxpayers of the special taxing district, shall be considered notifiedof the pendency of the hearing and of subsequent acts, hearings,adjournments, and orders of the commission by the notice givenunder this section.
(b) A copy of the notice of the hearing on the resolution shall befiled in the office of the unit's plan commission, board of zoningappeals, works board, park board, and building commissioner, andany other departments, bodies, or officers of the unit having to dowith unit planning, variances from zoning ordinances, land use, orthe issuance of building permits. These agencies and officers shalltake notice of the pendency of the hearing and, until the commissionconfirms, modifies and confirms, or rescinds the resolution, or theconfirmation of the resolution is set aside on appeal, may not:
(1) authorize any construction on property or sewers in the areadescribed in the resolution, including substantial modifications,rebuilding, conversion, enlargement, additions, and majorstructural improvements; or
(2) take any action regarding the zoning or rezoning of property,or the opening, closing, or improvement of streets, alleys, orboulevards in the area described in the resolution.
This subsection does not prohibit the granting of permits for ordinarymaintenance or minor remodeling, or for changes necessary for thecontinued occupancy of buildings in the area.
(c) If the resolution to be considered at the hearing includes aprovision establishing or amending an allocation provision undersection 39 of this chapter, the redevelopment commission shall filethe following information with each taxing unit that is wholly or
partly located within the allocation area:
(1) A copy of the notice required by subsection (a).
(2) A statement disclosing the impact of the allocation area,including the following:
(A) The estimated economic benefits and costs incurred bythe allocation area, as measured by increased employmentand anticipated growth of real property assessed values.
(B) The anticipated impact on tax revenues of each taxingunit.
The redevelopment commission shall file the information required bythis subsection with the officers of the taxing unit who are authorizedto fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at leastten (10) days before the date of the hearing.
(d) At the hearing, which may be adjourned from time to time, theredevelopment commission shall hear all persons interested in theproceedings and shall consider all written remonstrances andobjections that have been filed. After considering the evidencepresented, the commission shall take final action determining thepublic utility and benefit of the proposed project or other actions tobe taken under the resolution, and confirming, modifying andconfirming, or rescinding the resolution. The final action taken bythe commission shall be recorded and is final and conclusive, exceptthat an appeal may be taken in the manner prescribed by section 18of this chapter.
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts 1981,P.L.45, SEC.29; P.L.38-1988, SEC.8; P.L.18-1992, SEC.25;P.L.25-1995, SEC.83; P.L.146-2008, SEC.728.
IC 36-7-14-17.5
Notice and hearing; amendment of resolution or plan; procedure
Sec. 17.5. (a) In addition to the requirements of section 17 of thischapter, if the resolution or plan for an existing redevelopmentproject area is proposed to be amended in a way that changes:
(1) parts of the area that are to be devoted to a public way,levee, sewerage, park, playground, or other public purposes;
(2) the proposed use of the land in the area; or
(3) requirements for rehabilitation, building requirements,proposed zoning, maximum densities, or similar requirements;
the commission must, at least ten (10) days before the public hearingunder section 17 of this chapter, send the notice required by section17 of this chapter by first class mail to affected neighborhoodassociations.
(b) In addition to the requirements of section 17 of this chapter,if the resolution or plan for an existing redevelopment project areais proposed to be amended in a way that:
(1) enlarges the boundaries of the area; or
(2) adds one (1) or more parcels to the list of parcels to beacquired;
the commission must, at least ten (10) days before the public hearingunder section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhoodassociations and to persons owning property that is in the proposedenlargement of the area or that is proposed to be added to theacquisition list. If the enlargement of an area is proposed, notice mustalso be filed in accordance with section 17(b) of this chapter, andagencies and officers may not take actions prohibited by section17(b) of this chapter in the proposed enlarged area.
(c) The commission may require that neighborhood associationsregister with the commission. The commission may adopt a rule thatrequires that a neighborhood association encompass a part of thegeographic area included in or proposed to be included in aredevelopment project area, urban renewal area, or economicdevelopment area to qualify as an affected neighborhood association.
As added by P.L.114-1989, SEC.4. Amended by P.L.185-2005,SEC.14; P.L.146-2008, SEC.729.
IC 36-7-14-18
Appeals
Sec. 18. (a) A person who filed a written remonstrance with theredevelopment commission under section 17 of this chapter and isaggrieved by the final action taken may, within ten (10) days afterthat final action, file in the office of the clerk of the circuit orsuperior court a copy of the order of the commission and hisremonstrance against that order, together with his bond conditionedto pay the costs of his appeal if the appeal is determined against him.The only ground of remonstrance that the court may hear is whetherthe proposed project will be of public utility and benefit. The burdenof proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by thecourt without a jury. All remonstrances upon which an appeal hasbeen taken shall be consolidated and heard and determined withinthirty (30) days after the time of the filing of the appeal. The courtshall hear evidence on the remonstrances, and may confirm the finalaction of the commission or sustain the remonstrances. The judgmentof the court is final and conclusive, unless an appeal is taken as inother civil actions.
As added by Acts 1981, P.L.309, SEC.33.
IC 36-7-14-19
Acquisition of real property; procedure
Sec. 19. (a) If no appeal is taken or if an appeal is taken but isunsuccessful, the redevelopment commission shall proceed with theproposed project to the extent that money is available for thatpurpose.
(b) The redevelopment commission shall first approve and adopta list of the real property and interests in real property to be acquiredand the price to be offered to the owner of each parcel of interest.The prices to be offered may not exceed the average of two (2)independent appraisals of fair market value procured by thecommission except that appraisals are not required in transactions
with other governmental agencies. However, if the real property isless than five (5) acres in size and the fair market value of the realproperty or interest has been appraised by one (1) independentappraiser at less than ten thousand dollars ($10,000), the secondappraisal may be made by a qualified employee of the department ofredevelopment. The prices indicated on the list may not be exceededunless specifically authorized by the commission or ordered by acourt in condemnation proceedings. The commission may exceptfrom acquisition any real property in the area if the commission findsthat such an acquisition is not necessary under the redevelopmentplan. Appraisals made under this section are for the information ofthe commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried ondirectly by the redevelopment commission, by its employees, or byexpert negotiations, but no option, contract, or understanding relativeto the purchase of real property is binding on the commission untilapproved and accepted by the commission in writing. Thecommission may authorize the payment of a nominal fee to bind anoption and as a part of the consideration for conveyance may agreeto pay the expense incident to the conveyance and determination ofthe title of the property. Payment for the property purchased shall bemade when and as directed by the commission but only on deliveryof proper instruments conveying the title or interest of the owner tothe "City (Town or County) of ______________ for the use andbenefit of its department of redevelopment".
(d) All real property and interests in real property acquired by theredevelopment commission are free and clear of all liens,assessments, and other governmental charges except for currentproperty taxes, which shall be prorated to the date of acquisition.
(e) Notwithstanding subsections (a) through (d), theredevelopment commission may, before the time referred to in thissection, accept gifts of property needed for the redevelopment ofredevelopment project areas if the property is free and clear of allliens other than taxes, assessments, and other governmental charges.The commission may, before the time referred to in this section, takeoptions on or contract for the acquisition of property needed for theredevelopment of redevelopment project areas if the options andcontracts are not binding on the commission or the district until thetime referred to in this section and until money is available to pay theconsideration set out in the options or contracts.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.114-1989,SEC.5; P.L.35-1990, SEC.56; P.L.185-2005, SEC.15.
IC 36-7-14-20
Eminent domain; procedure; approval of legislative body
Sec. 20. (a) Subject to the approval of the legislative body of theunit that established the department of redevelopment, if theredevelopment commission considers it necessary to acquire realproperty in a redevelopment project area by the exercise of the powerof eminent domain, the commission shall adopt a resolution setting
out its determination to exercise that power and directing its attorneyto file a petition in the name of the unit on behalf of the departmentof redevelopment, in the circuit or superior court of the county inwhich the property is situated.
(b) Eminent domain proceedings under this section are governedby IC 32-24 and other applicable statutory provisions for the exerciseof the power of eminent domain. Property already devoted to a publicuse may be acquired under this section, but property belonging to thestate or any political subdivision may not be acquired without itsconsent.
(c) The court having jurisdiction shall direct the clerk of thecircuit court to execute a deed conveying the title of real propertyacquired under this section to the unit for the use and benefit of itsdepartment of redevelopment.
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.2-2002,SEC.110; P.L.185-2005, SEC.16; P.L.146-2008, SEC.730.
IC 36-7-14-21
Commission authority in redevelopment area
Sec. 21. (a) The redevelopment commission m