CHAPTER 15.1. REDEVELOPMENT OF AREAS IN MARION COUNTY NEEDING REDEVELOPMENT
IC 36-7-15.1
Chapter 15.1. Redevelopment of Areas in Marion County NeedingRedevelopment
IC 36-7-15.1-1
Application of chapter
Sec. 1. This chapter applies in each county having a consolidatedcity.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.84-1987,SEC.5.
IC 36-7-15.1-1.3
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 IC 36-7-14 or thischapter.
As added by P.L.20-2010, SEC.10.
IC 36-7-15.1-2
Declaration of policy
Sec. 2. (a) The assessment, clearance, remediation, replanning,and redevelopment of areas needing redevelopment are public andgovernmental functions that cannot be accomplished through theordinary operations of private enterprise, due to the necessity for theexercise of the power of eminent domain, the necessity for requiringthe proper use of the land so as to best serve the interests of thecounty and its citizens, and the cost of these projects.
(b) The conditions that exist in areas needing redevelopment arebeyond remedy and control by regulatory processes because of theobsolescence and deteriorated conditions of improvements,environmental contamination, faulty land use, shifting of population,and technological and social changes.
(c) The assessment, clearing, remediation, replanning, andredevelopment of areas needing redevelopment will benefit thehealth, safety, morals, and welfare and will serve to protect andincrease property values in the county and the state.
(d) The assessment, clearance, remediation, replanning, andredevelopment of areas needing redevelopment under this chapter arepublic uses and purposes for which public money may be spent andprivate property may be acquired.
(e) This chapter shall be liberally construed to carry out thepurposes of this section.As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005,SEC.26; P.L.221-2007, SEC.40.
IC 36-7-15.1-3
Definitions
Sec. 3. Except as provided in section 37 of this chapter, as usedin this chapter:
"Commission" refers to the metropolitan developmentcommission acting as the redevelopment commission of theconsolidated city, subject to IC 36-3-4-23.
"Department" refers to the department of metropolitandevelopment, subject to IC 36-3-4-23.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.102-1999,SEC.2.
IC 36-7-15.1-4
Redevelopment district constituting special taxing district
Sec. 4. (a) The redevelopment district referred to in IC 36-3-1-6constitutes a special taxing district for the purpose of levying andcollecting special benefit taxes for redevelopment purposes asprovided in this chapter.
(b) All of the taxable property within the redevelopment districtis considered to be benefited by redevelopment projects carried outunder this chapter to the extent of the special taxes levied under thischapter.
As added by Acts 1982, P.L.77, SEC.8.
IC 36-7-15.1-5
Pecuniary interests of commissioners and nonvoting advisers
Sec. 5. A member of the commission or a nonvoting adviserappointed under IC 36-7-4-207 may not have a pecuniary interest inany contract, employment, purchase, or sale made under this chapter.However, any property required for redevelopment purposes inwhich a member or nonvoting adviser has a pecuniary interest maybe acquired but only by gift or condemnation.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.146-2008,SEC.743.
IC 36-7-15.1-6
Duties of commission
Sec. 6. The commission shall:
(1) investigate, study, and survey areas needing redevelopmentwithin the redevelopment district;
(2) investigate, study, determine, and to the extent possiblecombat the causes of the conditions described in IC 36-7-1-3;
(3) promote the use of land in the manner that best serves theinterests of the consolidated city and its inhabitants, both fromthe standpoint of human needs and economic values;
(4) cooperate:
(A) with the departments and agencies of: (i) the city; and
(ii) other governmental entities; and
(B) with:
(i) public instrumentalities; and
(ii) public bodies;
created by state law;
in the manner that best serves the purposes of this chapter;
(5) make findings and reports on its activities under this section,and keep those reports open to inspection by the public at theoffices 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 city and its inhabitants.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005,SEC.27; P.L.221-2007, SEC.41.
IC 36-7-15.1-7
Powers of commission
Sec. 7. (a) In carrying out its duties and purposes under thischapter, the commission may do the following:
(1) Acquire by purchase, exchange, gift, grant, lease, orcondemnation, or any combination of methods, any real orpersonal property or interest in property needed for theredevelopment of areas needing redevelopment that are locatedwithin the redevelopment district.
(2) Hold, use, sell (by conveyance by deed, land sale contract,or other instrument), exchange, lease, rent, invest in, orotherwise dispose of, through any combination of methods,property acquired for use in the redevelopment of areas needingredevelopment on the terms and conditions that the commissionconsiders best for the city and its inhabitants.
(3) Acquire from and sell, lease, or grant interests in all or partof the real property acquired for redevelopment purposes to anyother department of the city, or to any other governmentalagency, for public ways, levees, sewerage, parks, playgrounds,schools, and other public purposes, on any terms that may beagreed upon.
(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 for
redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(7) Repair and maintain structures acquired or to be acquiredfor redevelopment purposes.
(8) Enter upon, survey, or examine any land, to determinewhether it should be included within an area needingredevelopment to be acquired for redevelopment purposes, anddetermine the value of that land.
(9) Appear before any other department or agency of the city,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 commission.
(10) Subject to section 13 of this chapter, exercise the power ofeminent domain in the name of the city, within theredevelopment district, in the manner prescribed by thischapter.
(11) Establish a uniform fee schedule whenever appropriate forthe performance of governmental assistance, or for providingmaterials and supplies to private persons in project or programrelated activities.
(12) Expend, on behalf of the redevelopment district, all or anypart of the money available for the purposes of this chapter.
(13) Contract for the construction, extension, or improvementof pedestrian skyways.
(14) 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.
(15) 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 those individuals and families whose incomeis at or below the county's median income for individuals andfamilies, respectively.
(16) Provide financial assistance (including grants and loans) toneighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes describedin subdivision (15); or
(B) construct, rehabilitate, or repair commercial propertywithin the district.
(17) Require as a condition of financial assistance to the ownerof a multiunit residential structure that any of the units leasedby 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 county's median income for families; and
(C) at an affordable rate.
Conditions imposed by the commission under this subdivisionremain in force throughout the period determined under clause(A), even if the owner sells, leases, or conveys the property.The subsequent owner or lessee is bound by the conditions forthe remainder of the period.
(18) Provide programs in job training, job enrichment, and basicskill development for residents of an enterprise zone.
(19) Provide loans and grants for the purpose of stimulatingbusiness activity in an enterprise zone or providing employmentfor residents of an enterprise zone.
(20) Contract for the construction, extension, or improvementof:
(A) public ways, sidewalks, sewers, waterlines, parkingfacilities, park or recreational areas, or other local publicimprovements (as defined in IC 36-7-15.3-6) or structuresthat are necessary for redevelopment of areas needingredevelopment or economic development within theredevelopment district; or
(B) any structure that enhances development or economicdevelopment.
(b) In addition to its powers under subsection (a), the commissionmay plan and undertake, alone or in cooperation with other agencies,projects for the redevelopment of, rehabilitating, preventing thespread of, or eliminating slums or areas needing redevelopment, bothresidential and nonresidential, which projects may include any of thefollowing:
(1) The repair or rehabilitation of buildings or otherimprovements by the commission, owners, or tenants.
(2) The acquisition of real property.
(3) Either of the following with respect to environmentalcontamination on real property:
(A) Investigation.
(B) Remediation.
(4) The demolition and removal of buildings or improvementson buildings acquired by the commission where necessary forany of the following:
(A) To eliminate unhealthful, unsanitary, or unsafeconditions.
(B) To mitigate or eliminate environmental contamination.
(C) To lessen density.
(D) To reduce traffic hazards.
(E) To eliminate obsolete or other uses detrimental to publicwelfare.
(F) To otherwise remove or prevent the conditions describedin IC 36-7-1-3.
(G) To provide land for needed public facilities.
(5) The preparation of sites and the construction of
improvements (such as public ways and utility connections) tofacilitate the sale or lease of property.
(6) The construction of buildings or facilities for residential,commercial, industrial, public, or other uses.
(7) The disposition in accordance with this chapter, for uses inaccordance with the plans for the projects, of any propertyacquired in connection with the projects.
(c) The commission may use its powers under this chapter relativeto real property and interests in real property obtained by voluntarysale or transfer, even though the real property and interests in realproperty are not located in a redevelopment or urban renewal projectarea established by the adoption and confirmation of a resolutionunder sections 8(c), 9, 10, and 11 of this chapter. In acquiring realproperty and interests in real property outside of a redevelopment orurban renewal project area, the commission shall comply withsection 12(b) through 12(e) of this chapter. The commission shallhold, develop, use, and dispose of this real property and interests inreal property substantially in accordance with section 15 of thischapter.
(d) 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 apublic use and purpose, and do not require vacation of any publicway or other property.
(e) All powers that may be exercised under this chapter by thecommission may also be exercised by the commission in carrying outits duties and purposes under IC 36-7-15.3.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.358-1983,SEC.1; P.L.23-1984, SEC.17; P.L.84-1987, SEC.6; P.L.193-1988,SEC.1; P.L.2-1989, SEC.31; P.L.14-1991, SEC.14; P.L.185-2005,SEC.28; P.L.221-2007, SEC.42; P.L.146-2008, SEC.744.
IC 36-7-15.1-8
Assembly of data; adoption of resolution; amendment of resolutionor plan
Sec. 8. (a) Whenever the commission finds that:
(1) an area in the redevelopment district is an area needingredevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be correctedin the area by regulatory processes or by the ordinary operationsof private enterprise without resort to this chapter; and
(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 an urban renewalarea; or
(B) the amendment of the resolution or plan, or both, for an
existing redevelopment project area or urban renewal area;and
(4) in the case of an amendment to the resolution or plan for anexisting redevelopment project area or urban renewal 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 a redevelopment or urbanrenewal plan.
(b) The redevelopment or urban renewal plan must include:
(1) maps, plats, or 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 urban renewal area, or theamendment of the resolution or plan for an existing area;
(B) the location of the various parcels of property, publicways, and other features affecting the acquisition, clearance,replatting, replanning, rezoning, or redevelopment of thearea or areas, indicating any parcels of property to beexcluded from the acquisition or otherwise excluded fromthe effects of the establishment of the redevelopment projectarea or the amendment of the resolution or plan for anexisting area; and
(C) the parts of the area acquired that are to be devoted topublic ways, levees, sewerage, parks, playgrounds, and otherpublic purposes;
(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 or urban renewal area. After completionof the data required by subsection (b), the commission shall adopt aresolution declaring that:
(1) the area needing redevelopment is a detriment to the socialor economic interests of the consolidated city and itsinhabitants;
(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 the
redevelopment project area and identify the interests in real orpersonal property, if any, that the department proposes to acquire inthe area.
(d) This subsection applies to the amendment of the resolution orplan for an existing redevelopment project area or urban renewalarea. After completion of the data required by subsection (b), theredevelopment commission shall 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 orurban renewal area for purposes of this chapter.
The resolution must state the general boundaries of theredevelopment project area or urban renewal area, including anychanges made to those boundaries by the amendment, and describethe activities that the department 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 commission. Property proposed foracquisition may be described by street numbers or location.
(f) The commission is not required to make the finding anddeclaration described in subsections (a)(4)(C) and (d)(1) concerningthe enlargement of the boundaries of an existing redevelopmentproject area or urban renewal area if, before the adoption of theresolution under subsection (d), the Indiana economic developmentcorporation issues a finding approving the enlargement of theboundaries. Before issuing a finding under this subsection, theIndiana economic development corporation must consider whetherthe enlargement of the 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 the area islocated; or
(4) otherwise benefit the people of Indiana by increasingopportunities for employment in Indiana and strengthening theeconomy of Indiana.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.358-1983,SEC.2; P.L.14-1991, SEC.15; P.L.185-2005, SEC.29; P.L.146-2008,SEC.745.
IC 36-7-15.1-9
Conformity of resolution and redevelopment plan withcomprehensive city development plan; submission of resolutionand plan to legislative body for approval Sec. 9. (a) After or concurrent with adoption of a resolution undersection 8 of this chapter, the commission shall determine whether theresolution and the redevelopment plan conform to the comprehensiveplan of development for the consolidated city and approve ordisapprove the resolution and plan proposed. If the commissionapproves the resolution and plan, it shall submit the resolution andplan to the legislative body of the consolidated city, which mayapprove or disapprove the resolution and plan.
(b) In determining the location and extent of a redevelopmentproject area proposed to be acquired for redevelopment, thecommission shall give consideration to transitional and permanentprovisions for adequate housing for the residents of the area who willbe displaced by the redevelopment project.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005,SEC.30; P.L.146-2008, SEC.746.
IC 36-7-15.1-10
Notice and hearing on resolution; filing remonstrance; final actiontaken by commission
Sec. 10. (a) After approval by the commission and the legislativebody of the consolidated city under section 9 of this chapter, thecommission shall publish notice of the adoption and substance of theresolution in accordance with IC 5-3-1. The notice must:
(1) state that maps, plats, or maps and plats have been preparedand can be inspected at the office of the department; and
(2) name a date when the commission will:
(A) receive and hear remonstrances and other testimonyfrom persons interested in or affected by the proceedingpertaining 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 redevelopment 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 commission, board of zoning appeals, worksboard, park board, and any other departments, bodies, or officers ofthe consolidated city having to do with planning, variances fromzoning ordinances, land use, or the issuance of building permits.These agencies and officers shall take notice of the pendency of thehearing, and until the commission confirms, modifies and confirms,or rescinds the resolution, or the confirmation of the resolution is setaside on appeal, they may not, without approval of the commission:
(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 public ways in thearea 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 26 of this chapter, the commission shall file the followinginformation with each taxing unit that is wholly or partly locatedwithin 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 commission shall file the information required by this subsectionwith the officers of the taxing unit who are authorized to fix budgets,tax rates, and tax levies under IC 6-1.1-17-5 at least ten (10) daysbefore the date of the hearing.
(d) At the hearing, which may be adjourned from time to time, thecommission shall hear all persons interested in the proceedings andshall consider all written remonstrances and objections that havebeen filed. After considering the evidence presented, the commissionshall take final action determining the public utility and benefit of theproposed project or other actions to be taken under the resolution,and confirming, modifying and confirming, or rescinding theresolution. The final action taken by the commission shall berecorded and is final and conclusive, except that an appeal may betaken under section 11 of this chapter.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.38-1988,SEC.13; P.L.14-1991, SEC.16; P.L.25-1995, SEC.88; P.L.146-2008,SEC.747.
IC 36-7-15.1-10.5
Notice
Sec. 10.5. (a) In addition to the requirements of section 10 of thischapter, if the resolution or plan for an existing redevelopmentproject area or urban renewal area is proposed to be amended in away that changes:
(1) parts of the area that are to be devoted to a public way,levee, sewerage, park, playground, or other public purpose;
(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 10 of this chapter, send the notice required by section
10 of this chapter by first class mail to affected neighborhoodassociations.
(b) In addition to the requirements of section 10 of this chapter,if the resolution or plan for an existing redevelopment project areaor urban renewal area is 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 10 of this chapter, send the notice required by section10 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 10(b) of this chapter, andagencies and officers may not take actions prohibited by section10(b) 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.193-1988, SEC.2. Amended by P.L.185-2005,SEC.31; P.L.146-2008, SEC.748.
IC 36-7-15.1-11
Remonstrance; appeal
Sec. 11. (a) A person who filed a written remonstrance with thecommission under section 10 of this chapter and is aggrieved by thefinal action taken may, within ten (10) days after that final action,file with the presiding judge of the superior court a copy of the orderof the commission and the person's remonstrance against that order,together with the person's bond, as provided by IC 34-13-5-7, in theevent the appeal is determined against the person. The burden ofproof is on the remonstrator, and no change of venue may be granted.
(b) An appeal under this section shall be promptly heard by thecourt without a jury. Except in a county containing a consolidatedcity, all the judges of the court, or a majority of the judges if not allare available, shall hear the appeal. In a county containing aconsolidated city, the appeal shall be heard by one (1) judge unlessrules adopted by the court or by the Indiana supreme court require anappeal to be heard by additional judges. All remonstrances uponwhich an appeal has been taken shall be consolidated and heard anddetermined within thirty (30) days after the time of the filing of theappeal. The court shall decide the appeal based on the record andevidence before the commission, not by trial de novo. It may confirmthe final action of the commission or sustain the remonstrances. Ifthe appeal is decided in a county that does not contain a consolidatedcity, the vote of at least a majority of all the elected judges is
required to confirm the final action of the commission or sustain theremonstrances. The judgment of the court is final and conclusive,unless an appeal is taken as in other civil actions. An appeal to thecourt of appeals or supreme court has priority over all other civilappeals.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.1-1998,SEC.207; P.L.141-2007, SEC.4.
IC 36-7-15.1-12
Acquisition of real property by commission
Sec. 12. (a) If no appeal is taken, or if an appeal is taken but isunsuccessful, the commission shall proceed with the proposedproject, to the extent that money is available for that purpose.
(b) The commission shall first approve and adopt a list of the realproperty and interests in real property to be acquired, and the priceto be offered to the owner of each parcel or interests. The prices tobe offered may not exceed the average of two (2) independentappraisals of fair market value procured by the commission, exceptthat appraisals are not required in transactions with othergovernmental agencies. However, if the real property is less than five(5) acres in size and the fair market value of the real property orinterest has been appraised by one (1) independent appraiser at lessthan ten thousand dollars ($10,000), the second appraisal may bemade by a qualified employee of the department. The pricesindicated on the list may not be exceeded unless specificallyauthorized by the commission under section 7 of this chapter orordered by a court in condemnation proceedings. The commissionmay except from acquisition any real property in the area if it 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 commission, by its employees, or by expertnegotiators employed for that purpose. The commission shall adopta standard form of option for use in negotiations, but no option,contract, or understanding relative to the purchase of real property isbinding on the commission until approved and accepted by thecommission in writing. The commission may authorize the paymentof a nominal fee to bind an option, and as a part of the considerationfor conveyance may agree to pay the expense incident to theconveyance and determination of the title of the property. Paymentfor the property purchased shall be made when and as directed by thecommission, but only on delivery of proper instruments conveyingthe title or interest of the owner to "City of __________ for the useand benefit of its Department of Metropolitan Development".
(d) Notwithstanding subsections (a) through (c), the commissionmay, before the time referred to in this section, accept gifts ofproperty needed for the redevelopment of redevelopment projectareas. The commission may, before the time referred to in thissection, take options on or contract for the acquisition of property
needed for the redevelopment of redevelopment project areas if theoptions and contracts are not binding on the commission or theredevelopment district until the time referred to in this section anduntil money is available to pay the consideration set out in theoptions or contracts.
(e) Section 15(a) through 15(h) of this chapter does not apply toexchanges of real property (or interests in real property) inconnection with the acquisition of real property (or interests in realproperty) under this section. In acquiring real property (or interestsin real property) under this section the commission may, as analternative to offering payment of money as specified in subsection(b), offer for the real property (or interest in real property) that thecommission desires to acquire:
(1) exchange of real property or interests in real property ownedby the redevelopment district;
(2) exchange of real property or interests in real property ownedby the redevelopment district, along with the payment of moneyby the commission; or
(3) exchange of real property or interests in real property ownedby the redevelopment district along with the payment of moneyby the owner of the real property or interests in real propertythat the commission desires to acquire.
The commission shall have the fair market value of the real propertyor interests in real property owned by the redevelopment districtappraised as specified in section 15(b) of this chapter. The appraisersmay not also appraise the value of the real property or interests inreal property to be acquired by the redevelopment district. Thecommission shall establish the nature of the offer to the owner basedon the difference between the average of the two (2) appraisals of thefair market value of the real property or interests in real property tobe acquired by the commission and the average of the appraisals offair market value of the real property or interests in real property tobe exchanged by the commission.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.358-1983,SEC.3; P.L.222-1986, SEC.1; P.L.193-1988, SEC.3; P.L.14-1991,SEC.17; P.L.185-2005, SEC.32.
IC 36-7-15.1-13
Eminent domain; approval by city-county legislative body
Sec. 13. (a) Subject to the approval of the city-county legislativebody, if the commission considers it necessary to acquire realproperty in a redevelopment project area by the exercise of the powerof eminent domain, it shall adopt a resolution setting out itsdetermination to exercise that power and directing its attorney to filea petition in the name of the city on behalf of the department in thecircuit or superior court of the county.
(b) Eminent domain proceedings under this section are governedby IC 32-24.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.2-2002,SEC.112; P.L.185-2005, SEC.33; P.L.146-2008, SEC.749.
IC 36-7-15.1-14
Clearing and planning by commission; repair and maintenance;environmental contamination; labor and contracts; utilities;payments; public dedication
Sec. 14. (a) The commission may proceed with the clearing andreplanning of the area described in the resolution before theacquisition of all of that area. It may also proceed with any of thefollowing:
(1) The repair and maintenance of buildings that have beenacquired and are not to be cleared.
(2) Investigation of environmental contamination.
(3) Remediation of environmental contamination.
The commission may carry out the activities under this subsection bylabor employed directly by the commission or by contract. Contractsfor clearance may provide that the contractor is entitled to retain anddispose of salvaged material, as a part of the contract price or on thebasis of stated prices for the amounts of the various materialsactually salvaged.
(b) All contracts for material or labor under this section shall belet under IC 36-1.
(c) In the replanning and rezoning of the real property acquired,the opening, closing, relocation, and improvement of public ways,and the construction, relocation, or improvement of levees, sewers,and utility services, the commission shall proceed in the samemanner as private owners of property. It may negotiate with theproper officers and agencies to secure the proper orders, approvals,and consents.
(d) The commission may pay any charges or assessments made onaccount of orders, approvals, consents, and construction work underthis section, or may agree to pay these assessments in installments asprovided by statute in the case of private owners. The commissionmay:
(1) by special waiver filed with the works board, waive thestatutory procedure and notices required by law in order tocreate valid liens on private property; and
(2) cause any assessments to be spread on a different basis thanthat provided by statute.
(e) None of the real property acquired under this chapter may beset aside and dedicated for public ways, sewers, levees, parks, orother public purposes until the commission has obtained the consentand approval of the department or agency under whose jurisdictionthe property will be placed.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.221-2007,SEC.43.
IC 36-7-15.1-15
Appraisal, publication, and bidding requirements
Sec. 15. (a) This section does not apply to the sale or grant of realproperty or interests in real property to:
(1) nonprofit corporations, community development
corporations, or neighborhood development corporations undersection 15.1 of this chapter; or
(2) an urban enterprise association under section 15.2 of thischapter.
The provisions of this section concerning appraisal, publication, andbidding requirements do not apply to sales, leases, or otherdispositions of real or personal property or interests in property toother public agencies, including the federal government or anyagency or department of the federal government, for public purposes.
(b) Before offering for sale, exchange, or lease (or a combinationof methods) to the public any of the property or interests acquired,the commission shall cause two (2) separate appraisals of the fairmarket value to be made by independent appraisers. However, if theproperty is less than five (5) acres in size and the fair market valueof the real property or interest has been appraised by one (1)independent appraiser at less than ten thousand dollars ($10,000), thesecond appraisal may be made by a qualified employee of thedepartment. In the case of an exchange, the same appraiser may notappraise both of the properties to be exchanged. In makingappraisals, the appraisers shall take into consideration the size,location, and physical condition of the parcels, the advantagesaccruing to the parcels under the redevelopment plan, and all otherfactors having a bearing on the value of the parcels. The appraisalsare solely for the information of the commission and are not open forpublic inspection.
(c) The commission shall then prepare an offering sheet showingthe parcels to be offered and the offering prices, which may not beless than the average of the two (2) appraisals. Copies of the offeringsheets shall be furnished to prospective buyers on request. Maps,plats, or maps and plats showing the size and location of all parcelsto be offered shall also be kept available for inspection at the officeof the department.
(d) A notice shall be published in accordance with IC 5-3-1. Thenotice must state that at a designated time the commission will openand consider written offers for the purchase or lease of the propertyor interests being offered. In giving the notice it is not necessary todescribe each parcel separately, or to specify the exact terms ofdisposition, but the notice:
(1) must state the general location of the parcels;
(2) call attention generally to any limitations in theredevelopment or urban renewal plan on the use to be made ofthe real property offered; and
(3) state that a bid submitted by a trust (as defined inIC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
(e) At the time fixed in the notice the commission shall open andconsider any offers received. The offers may consist of considerationin the form of cash, other property, or a combination of cash andproperty. However, with respect to property other than cash, the offer
must be accompanied by evidence of the property's fair market valuethat is satisfactory to the commission in the commission's solediscretion. All offers received shall be opened at public meetings ofthe commission and shall be kept open for public inspection.
(f) The commission may reject any or all bids or may makeawards to the highest and best bidders. In determining the best bids,the commission shall take into consideration the following factors:
(1) The size and character of the improvements proposed to bemade by the bidder on the real property bid on.
(2) The bidder's plans and ability to improve the real propertywith reasonable promptness.
(3) Whether the real property when improved will be sold orrented.
(4) The bidder's proposed sale or rental prices.
(5) The bidder's compliance with subsection (d)(3).
(6) Any factors that will assure the commission that the sale orlease, if made, will further the execution of the redevelopmentplan and best serve the interest of the community, from thestandpoint of both human and economic welfare.
(g) The commission may contract with a bidder in regard to thefactors listed in subsection (f), and the contract may provide for thedeposit of surety bonds, the making of good faith deposits, liquidateddamages, the right of reversion or repurchase, or other rights andremedies if the bidder fails to comply with the contract.
(h) After the opening, consideration, and determination of thewritten offers filed in response to the notice, the commission maydispose of all or part of the remaining available property or interestsfor any approved use, either at public sale or by private negotiationcarried on by the commission, its regular employees, or real estateexperts employed for that purpose. For a period of thirty (30) daysafter the opening of the written offers and determination on them, nosale, exchange, or lease may be made at a price or rental less thanthat shown on the offering sheet, except in the case of sales or rentalsof:
(1) ten (10) or more parcels to a purchaser or lessee who agreesto improve the parcels immediately;
(2) parcels of property to individuals or families whose incomeis at or below the county's median income for individual andfamily income, respectively, for the purpose of constructingsingle family or two (2) family housing; or
(3) parcels of property to a contractor or developer for thepurpose of constructing single family or two (2) family housingfor individuals or families whose income is at or below thecounty's median income for individual and family income,respectively;
but after that period the commission may adjust the offering pricesin the manner it considers necessary to further the redevelopment orurban renewal plan.
(i) A conveyance under this section may not be made until theagreed consideration has been paid, unless the commission adopts a
resolution:
(1) stating that consideration does not have to be paid before theconveyance is made; and
(2) setting forth an arrangement for future payment ofconsideration or provision of an infrastructure credit against theconsideration, or both.
If full consideration is not paid before the conveyance is made, thecommission may use a land sale contract or mortgage to securepayment of the consideration or may accept as a credit against theagreed consideration a contractual obligation to perform publicinfrastructure work related to the property being conveyed. Alldeeds, land sale contracts, leases, or other conveyances, and allcontracts and agreements, including contracts of purchase, sale, orexchange and contracts for advancements, loans, grants,contributions, or other aid, shall be executed in the name of the "Cityof _________, Department of Metropolitan Development", and shallbe executed by the president or vice president of the commission orby the director of the department if authorized. A seal is not requiredon these instruments or any other instruments executed in the nameof the department.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.193-1988,SEC.4; P.L.336-1989(ss), SEC.52; P.L.14-1991, SEC.18;P.L.28-1993, SEC.13; P.L.113-2002, SEC.7.
IC 36-7-15.1-15.1
Grant or sale at no cost of real property to qualifying corporationfor low or moderate income housing; notice and hearing
Sec. 15.1. (a) As used in this section, "qualifying corporation"refers to a nonprofit corporation or neighborhood developmentcorporation that meets the requirements of subsection (b)(1) and thecriteria established by the county fiscal body under subsection (i).
(b) The commission may sell or grant at no cost title to realproperty to a nonprofit corporation or neighborhood developmentcorporation for the purpose of providing low or moderate incomehousing or other development that will benefit or serve low ormoderate income families if the following requirements are met:
(1) The nonprofit corporation or neighborhood developmentcorporation has, as a major corporate purpose and function, theprovision of housing for low and moderate income familieswithin the geographic area in which the parcel of property islocated.
(2) The qualifying corporation agrees to cause development thatwill serve or benefit low or moderate income families on theparcel of property within a specified period, which may notexceed five (5) years from the date of the sale or grant.
(3) The qualifying corporation, if the qualifying corporation isa neighborhood development corporation, agrees that thequalifying corporation and each applicant, recipient, contractor,or subcontractor undertaking work in connection with the realproperty will: (A) use lower income project area residents as trainees andas employees; and
(B) contract for work with business concerns located in theproject area or owned in substantial part by persons residingin the project area;
to the greatest extent feasible, as determined under thestandards specified in 24 CFR 135.
(4) The county fiscal body has determined that the corporationmeets the criteria established under subsection (i).
(5) The qualifying corporation agrees to rehabilitate orotherwise develop the property in a manner that is similar toand consistent with the use of the other properties in the areaserved by the qualifying corporation.
(c) To carry out the purposes of this section, the commission maysecure from the county under IC 6-1.1-25-9(e) parcels of propertyacquired by the county under IC 6-1.1-24 and IC 6-1.1-25.
(d) Before offering any parcel of property for sale or grant, thefair market value of the parcel of property must be determined. Thefair market value may be determined by an appraisal made by aqualified employee of the department. However, if the qualifiedemployee of the department determines that:
(1) the property:
(A) is less than five (5) acres in size; and
(B) has a fair market value that is less than ten thousanddollars ($10,000); or
(2) if the commission has obtained the parcel in the mannerdescribed in subsection (c);
an appraisal is not required. An appraisal under this subsection issolely for the information of the commission and is not available forpublic inspection.
(e) The commission must decide whether the commission will sellor grant the parcel of real property at a public meeting. In makingthis decision, the commission shall give substantial weight to theextent to which and the terms under which the qualifying corporationwill cause development to serve or benefit families of low ormoderate income. If more than one (1) qualifying corporation isinterested in acquiring a parcel of real property, the commission shallconduct a hearing at which a representative of each corporation maystate the reasons why the commission should sell or grant the parcelto that corporation.
(f) Before conducting a hearing under subsection (e), thecommission shall publish a notice in accordance with IC 5-3-1indicating that at a designated time the commission will considerselling or granting the parcel of real property under this section. Thenotice must state the general location of the property, including thestreet address if any, or a common description of the property otherthan the legal description.
(g) If the county agrees to transfer a parcel of real property to thecommission to be sold or granted under this section, the commissionmay conduct a hearing to sell or grant the parcel to a qualifying
corporation even though the parcel has not yet been transferred to thecommission. After the hearing, the commission may adopt aresolution directing the department to take appropriate stepsnecessary to acquire the parcel from the county and to transfer theparcel to the qualifying corporation.
(h) A conveyance of property to a qualifying corporation underthis section shall be made in accordance with section 15(i) of thischapter.
(i) The county fiscal body shall establish criteria for determiningthe eligibility of nonprofit corporations and neighborhooddevelopment corporations for sales or grants of real property underthis section. A nonprofit corporation or neighborhood developmentcorporation may apply to the county fiscal body for a determinationconcerning the corporation's compliance with the criteria establishedunder this subsection.
As added by P.L.14-1991, SEC.19. Amended by P.L.31-1994,SEC.20; P.L.39-1994, SEC.26; P.L.2-1995, SEC.133; P.L.86-1999,SEC.3; P.L.177-2003, SEC.10.
IC 36-7-15.1-15.2
Sale or grant of real property to urban enterprise association
Sec. 15.2. (a) The commission may sell or grant, at no cost, titleto real property to an urban enterprise association for the purpose ofdeveloping the real property if the following requirements are met:
(1) The urban enterprise association has incorporated as anonprofit corporation under IC 5-28-15-14(b)(3).
(2) The parcel of property to be sold or granted is locatedentirely within the enterprise zone for which the urbanenterprise association was created under IC 5-28-15-13.
(3) The urban enterprise association agrees to causedevelopment on the parcel of property within a specified periodthat may not exceed five (5) years from the date of the sale orgrant.
(4) The urban enterprise association agrees to rehabilitate orotherwise develop the property in a manner that is similar toand consistent with the use of the other properties in theenterprise zone.
(b) To carry out the purposes of this section, the commission maysecure from the county under IC 6-1.1-25-9(e) parcels of propertyacquired by the county under IC 6-1.1-24 and IC 6-1.1-25.
(c) Before offering any parcel of property for sale or grant, the fairmarket value of the parcel of property must be determined by anappraiser, who may be an employee of the department. However, ifthe commission has obtained the parcel in the manner described insubsection (b), an appraisal is not required. An appraisal under thissubsection is solely for the information of the commission and is notavailable for public inspection.
(d) The commission must decide at a public meeting whether thecommission will sell or grant the parcel of real property. In makingthis decision, the commission shall give substantial weight to the
extent to which and the terms under which the urban enterpriseassociation will cause development on the property.
(e) Before conducting a meeting under subsection (d), thecommission shall publish a notice in accordance with IC 5-3-1indicating that at a designated time the commission will considerselling or granting the parcel of real property under this section. Thenotice must state the general location of the property, including thestreet address, if any, or a common description of the property otherthan the legal description.
(f) If the county agrees to transfer a parcel of real property to thecommission to be sold or granted under this section, the commissionmay conduct a meeting to sell or grant the parcel to an urbanenterprise zone even though the parcel has not yet been transferredto the commission. After the hearing, the commission may adopt aresolution directing the department to take appropriate stepsnecessary to acquire the parcel from the county and to transfer theparcel to the urban enterprise association.
(g) A conveyance of property to an urban enterprise associationunder this section shall be made in accordance with section 15(i) ofthis chapter.
(h) An urban enterprise association that purchases or receives realproperty under this section shall report the terms of the conveyanceto the board of the Indiana economic development corporation notlater than thirty (30) days after the date the conveyance of theproperty is made.
As added by P.L.113-2002, SEC.8. Amended by P.L.4-2005,SEC.137.
IC 36-7-15.1-15.5
Additional powers of commission
Sec. 15.5. (a) This section applies to the following:
(1) Real property:
(A) that was acquired by the commission to carry out aredevelopment project, an economic development areaproject, or an urban renewal project; and
(B) relative to which the commission has, at a publichearing, decided that the real property is not needed tocomplete the redevelopment activity, an economicdevelopment area activity, or urban renewal activity in theproject area.
(2) Real property acquired under this chapter that is not in aredevelopment project area, an economic development area, oran urban renewal p