CHAPTER 17. RELOCATION ASSISTANCE
IC 8-23-17
Chapter 17. Relocation Assistance
IC 8-23-17-1
"Agency" defined
Sec. 1. As used in this chapter, "agency" means a department,board, commission, office, or instrumentality of the state, includinga state supported college or university, or of a political subdivisionof the state.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-2
"Agency head" defined
Sec. 2. As used in this chapter, "agency head" means thegoverning body or principal executive officer of an agency, or a dulydesignated delegate of the governing body or principal executiveofficer.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-3
"Displaced person", "displaced", and "displacement" defined
Sec. 3. As used in this chapter, "displaced person" or "displaced"or "displacement" with reference to a person, means a person whomoves from real property, or moves personal property from realproperty, because of the acquisition of the real property and theimprovements located on the real property, or the partial acquisitionof real property to the extent that continued use by the owner oroccupant is rendered impossible or impracticable, or as the result ofthe written order of the acquiring agency to vacate the real propertyintended to be acquired by the agency, or as the result of an orderissued by an agency engaged in code enforcement activities to vacatethe real property. Solely for purposes of sections 13, 14, 18, 19, 20,21, 22, 23, and 24 of this chapter, the terms also include a personwho moves from real property as a result of the acquisition of, orwritten order of the acquiring agency to vacate, other real propertyon which the person conducts a business or farm operation. Whentwo (2) or more individuals living together in a single familydwelling are displaced from the dwelling, they are regarded as one(1) displaced person for purposes of this chapter, except that eachindividual may receive a payment for actual moving expenses andlosses under section 13 of this chapter.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-4
"Business" defined
Sec. 4. As used in this chapter, "business" means any lawfulactivity, excepting a farm operation, conducted primarily:
(1) for the purchase, sale, lease, and rental of personal and realproperty, and for the manufacture, processing, or marketing ofproducts, commodities, or any other personal property; (2) for the sale of services to the public;
(3) by a nonprofit organization; or
(4) solely for the purposes of section 13 of this chapter, forassisting in the purchase, sale, resale, manufacture, processing,or marketing of products, commodities, personal property, orservices by the erection and maintenance of an outdooradvertising display or displays, whether or not the display ordisplays are located on the premises on which any of the aboveactivities are conducted.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-5
"Farm operation" defined
Sec. 5. As used in this chapter, "farm operation" means anyactivity conducted solely or primarily for the production of one (1)or more agricultural products or commodities, including timber, forsale or home use, and customarily producing products orcommodities in sufficient quantity to be capable of contributingmaterially to the operator's support.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-6
"Dwelling" defined
Sec. 6. As used in this chapter, "dwelling" means any room, suiteof rooms, apartment, trailer, or house occupied or intended to beoccupied as a personal residence by one (1) family or by one (1) ormore individuals utilizing the same kitchen facilities. The term doesnot include a single sleeping room without kitchen facilities.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-7
"Adequate replacement dwelling" defined
Sec. 7. As used in this chapter, "adequate replacement dwelling"means a dwelling that is:
(1) at least comparable in essential accommodations and valueto the dwelling acquired by the agency;
(2) a decent, safe, and sanitary dwelling meeting all minimumrequirements of applicable building, housing, and fireprevention codes;
(3) located in an area not generally less desirable than the areain which the dwelling acquired by the agency is located, inregard to public utilities and public and commercial facilities;
(4) reasonably accessible to the principal place of employmentof the head of the household;
(5) available for purchase or rental on the private market; and
(6) available for purchase or rental at a price or rent within thefinancial means of the displaced person. A dwelling availablefor purchase is considered to be within the financial means ofa person only if, after taking into account that part of theacquisition cost paid to the displaced person plus any payment
made under section 16 or 17 of this chapter, a loan commitmentmay be obtained from a lending institution, with or without theaid of any federal or other program of loan insurance, in theprincipal amount equal to the balance of the purchase price ofthe replacement dwelling.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-8
"Gross monthly income" defined
Sec. 8. As used in this chapter, "gross monthly income" means theaverage of such income during the twelve (12) month periodimmediately preceding displacement and includes income from allsources whether or not such income is taxable under any state orfederal law, and also includes any public assistance received underthe following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification. Any other law of this state administered by the division offamily resources or the department of child services.
As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,SEC.82; P.L.145-2006, SEC.21; P.L.161-2007, SEC.2.
IC 8-23-17-9
"Person" and "owner" defined
Sec. 9. As used in this chapter, "person" and "owner" include anyindividual, partnership, corporation, limited liability company, orassociation.
As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,SEC.163.
IC 8-23-17-10
"Owner" defined
Sec. 10. As used in this chapter, "owner" as applied to realproperty means the person or persons holding legal title to theproperty as shown by the records of the county recorder of thecounty in which the real property is situated, or the person or personsentitled as vendee under a land contract to receive conveyance of thelegal title upon payment of a specified purchase price.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-11
"Code enforcement" defined
Sec. 11. As used in this chapter, "code enforcement" means anyproject or program for the elimination or prevention of thedevelopment or spread of deteriorated or deteriorating areas througha systematic inspection of buildings and structures in an area and theenforcement of codes or ordinances establishing standards for thecondition and maintenance of dwellings, buildings, or premises assafe, sanitary, and fit for human habitation.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-12
Payments; applicable provisions
Sec. 12. The following provisions apply to payments by thedepartment of transportation under this chapter:
(1) A payment by the department under section 13(3) or 14 ofthis chapter may not exceed the maximum allowances providedby federal law for persons displaced by federal programs orprojects.
(2) A payment by the department under section 15 of thischapter must be in the amount of the allowance provided byfederal law for persons displaced by federal programs orprojects.
(3) In addition to payments otherwise authorized by thischapter, the department shall make a payment to or for a personwho is displaced from a dwelling actually owned and occupiedby the displaced person for not less than one hundred eighty
(180) days before the initiation of negotiations for theacquisition of the property. This payment may not exceed themaximum allowances provided by federal law for personsdisplaced by federal programs or projects and must include thefollowing elements:
(A) The amount, if any, that when added to thecompensation for the dwelling acquired by the departmentequals the reasonable cost of a comparable replacementdwelling that is a decent, safe, and sanitary dwellingadequate to accommodate the displaced person, reasonablyaccessible to public services and places of employment, andavailable on the private market.
(B) The amount, if any, that will compensate the displacedperson for any increased interest costs that the person isrequired to pay for financing the acquisition of anycomparable replacement dwelling. The amount shall be paidonly if the dwelling acquired was encumbered by a bona fidemortgage that was a valid lien on the dwelling for not lessthan one hundred eighty (180) days before the initiation ofnegotiations for the acquisition of the dwelling. The amountmust be equal to the excess in the aggregate interest andother debt service costs of that amount of the principal of themortgage on the replacement dwelling that is equal to theunpaid balance of the mortgage on the acquired dwellingover the remaining term of the mortgage on the acquireddwelling, reduced to discounted present value.
(C) Reasonable expenses incurred by the displaced personfor evidence of title, recording fees, and other closing costsincident to the purchase of the replacement dwelling, but notincluding prepaid expenses.
The additional payment authorized by this section shall be madeonly to a displaced person who purchases and occupies areplacement dwelling, which is decent, safe, and sanitary, notlater than the end of the one (1) year period beginning on thedate on which the displaced person receives final payment of allcosts of the acquired dwelling or moves from the acquireddwelling, whichever is later.
(4) In addition to payments otherwise authorized by thischapter, the department shall make a payment to or for anyperson displaced from any dwelling not eligible to receive apayment under subdivision (3) if the dwelling was actually andlawfully occupied by the displaced person for not less thanninety (90) days before the initiation of negotiations foracquisition of the dwelling. The payment must be either:
(A) the amount necessary to enable the displaced person tolease or rent for a period not to exceed four (4) years adecent, safe, and sanitary dwelling of standards adequate toaccommodate the person in areas not generally less desirablein regard to public utilities and public and commercialfacilities, and reasonably accessible to the person's place of
employment, but not to exceed the maximum amountprovided by federal law for persons displaced by federalprograms or projects; or
(B) the amount necessary to enable the person to make adown payment (including incidental expenses described insubdivision (3)(C)) on the purchase of a decent, safe, andsanitary dwelling of standards adequate to accommodate theperson in areas not generally less desirable in regard topublic utilities and public and commercial facilities, in theamount and on the conditions provided by federal law forpersons displaced by federal programs or projects.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-13
Compensation for expenses and losses
Sec. 13. Whenever the acquisition of real property for a projectundertaken by an agency, or a program of code enforcement by anagency in the state, will result in the displacement of any person, theagency shall make a payment to a displaced person, upon properapplication as approved by the agency head, for:
(1) actual reasonable expenses in moving the person, theperson's family, business, farm operation, or personal property;
(2) actual direct losses of tangible personal property as a resultof moving or discontinuing a business or farm operation, butnot to exceed an amount equal to the reasonable expenses thatwould have been required to relocate the property, asdetermined by the head of the agency; and
(3) except as provided in section 12(1) of this chapter, actualreasonable expenses in searching for a replacement business orfarm, not to exceed a maximum of five hundred dollars ($500).
As added by P.L.18-1990, SEC.226.
IC 8-23-17-14
Moving expense and dislocation allowances
Sec. 14. A displaced person eligible for payments under section13 of this chapter who is displaced from a dwelling and who electsto accept the payments authorized by this section in lieu of thepayments authorized by section 13 may receive a moving expenseallowance and a dislocation allowance determined according to aschedule established by the agency head. The schedule may establisha graduated scale of payments based upon size or kind of business orfarm operation, size of dwelling, number of persons in family, orother appropriate factors. Except as provided in section 12(1) of thischapter, the payment shall not exceed a moving expense allowanceof three hundred dollars ($300) and a dislocation allowance of twohundred dollars ($200).
As added by P.L.18-1990, SEC.226.
IC 8-23-17-15
Payment based on average annual net earnings Sec. 15. (a) A displaced person eligible for payment under section13 of this chapter who is displaced from a place of business or farmoperation and elects to accept the payment authorized by this sectionin lieu of the payment authorized by section 13 of this chapter mayreceive a fixed payment in an amount equal to the average annual netearnings of the business or farm operation. However, except asprovided in section 12(2) of this chapter, the payment shall not bemore than five thousand dollars ($5,000). In the case of a business,no payment shall be made under this section unless the agency headis satisfied that the business:
(1) cannot be relocated without a substantial loss of its existingpatronage; and
(2) is not a part of a commercial enterprise having at least one(1) other establishment not being acquired by the agency andwhich is engaged in the same or similar business.
(b) For purposes of this section, "average annual net earnings"means one-half (1/2) of any net earnings of the business or farmoperation, before federal, state, and local income taxes, during thetwo (2) taxable years immediately preceding the taxable year inwhich the business or farm operation moves from the real propertyacquired by the agency. The term includes any compensation paid bythe business or farm operation to the owner, the owner's spouse, ordependents during the period.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-16
Allowance for lease or rental of adequate replacement dwelling
Sec. 16. Except as provided in section 12(3) and 12(4) of thischapter, and in addition to payments otherwise authorized by thischapter, the agency shall make a payment to or for the benefit of adisplaced person from a dwelling actually and lawfully occupied bythe displaced person for not less than ninety (90) days prior tocommencement of code enforcement activities for, or the initiationof negotiations for acquisition of, the dwelling. The payment shall bean amount, not to exceed two thousand five hundred dollars ($2,500),necessary to enable the displaced person to lease or rent an adequatereplacement dwelling for a period not to exceed two (2) years, lessan amount equal to twenty percent (20%) of the gross monthlyincome of the displaced person averaged over the previous twelve(12) month period multiplied by twenty-four (24), determined at thetime of displacement.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-17
Allowance for down payment and closing costs for purchase ofadequate replacement dwelling
Sec. 17. (a) In lieu of the amount determined under section 16 ofthis chapter, the agency may make a payment to the displaced personin an amount necessary to enable the person to make a downpayment on the purchase of an adequate replacement dwelling, not
in excess of two thousand five hundred dollars ($2,500).
(b) In addition to any payment payable under subsection (a), theagency shall pay reasonable expenses incurred by the displacedperson for evidence of title, recording fees, and other closing costsincidental to the purchase of the replacement dwelling, but notincluding prepaid expenses.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-18
Relocation advisory assistance program
Sec. 18. Whenever acquisition of, or code enforcement upon, realproperty by an agency will result in the displacement of a person, theagency shall provide a relocation assistance advisory program fordisplaced persons which shall offer the services described in section20 of this chapter. If the agency determines that a person occupyingproperty immediately adjacent to the real property acquired is causedsubstantial economic injury because of the acquisition, it may offerthat person relocation advisory services under the program.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-19
Cooperation with other agencies
Sec. 19. An agency causing displacement of a person shallcooperate to the maximum feasible extent with federal, state, or localagencies administering programs that may be of assistance todisplaced persons, in order to assure that displaced persons receivethe maximum assistance available to them.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-20
Relocation assistance advisory programs; measures, facilities, andservices
Sec. 20. Each relocation assistance advisory program required bysection 18 of this chapter shall include measures, facilities, orservices as may be necessary or appropriate in order to:
(1) determine the need, if any, of displaced persons forrelocation assistance;
(2) provide current and continuing information on theavailability, prices, and rentals, of comparable decent, safe, andsanitary sales and rental housing, and of comparablecommercial properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time prior todisplacement, there will be available in areas not generally lessdesirable in regard to public utilities and public and commercialfacilities and at rents or prices within the means of the familiesand individuals displaced, decent, safe, and sanitary dwellings,as defined by the agency head, equal in number to the numberof and available to the displaced persons who require dwellingsand reasonably accessible to their places of employment, exceptthat the governor may establish by executive order situations
when the assurances may be waived;
(4) assist a displaced person displaced from a business or farmoperation in obtaining and becoming established in a suitablereplacement location;
(5) supply information concerning federal or state housingprograms, disaster loan programs, and other federal or stateprograms offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in orderto minimize hardships to the persons in adjusting to relocation.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-21
Coordination with government community actions
Sec. 21. Agencies shall coordinate relocation activities withproject work and with other planned or proposed governmentalactions in the community or nearby areas that may affect the carryingout of relocation assistance programs.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-22
Service contracts; use of other agencies
Sec. 22. (a) To prevent unnecessary expense and duplication offunctions, and to promote uniform and effective administration ofrelocation assistance programs for displaced persons under thischapter, an agency required by this chapter to make relocationpayments to displaced persons or to establish relocation assistanceadvisory programs may enter into contract with an individual, firm,limited liability company, or corporation for services in connectionwith the programs, or may carry out its functions under this chapterthrough any federal, state, or local governmental agency orinstrumentality having an established organization for conductingrelocation assistance programs. The contract may delegate authorityto make a determination required to be made by the agency head withrespect to eligibility for an amount of relocation assistance payments,availability of adequate replacement dwellings, or other mattersrequired to be determined under this chapter, subject to review ofdeterminations by the agency head and as provided in section 33 ofthis chapter.
(b) An agency acquiring property or displacing persons within acity or county that has established a governmental agency to providerelocation assistance to persons displaced from dwellings orbusinesses, whether or not the acquiring or enforcing agency isengaged in a program using federal financial assistance, may use theservices and facilities of the county or city relocation agency inperforming its obligations and in making the determinations requiredunder this chapter to the maximum feasible extent permitted byapplicable federal law or regulations.
As added by P.L.18-1990, SEC.226. Amended by P.L.8-1993,SEC.164.
IC 8-23-17-23
Rules and procedures; establishment
Sec. 23. Each agency head is authorized to establish rules andprocedures as necessary to assure the following:
(1) The payments and assistance authorized by this chapter shallbe administered in a manner that is fair and reasonable, asuniformly as practicable.
(2) A displaced person who makes application for a paymentauthorized for such person under this chapter shall be paidpromptly after a move or, in hardship cases, be paid in advance.
(3) A person aggrieved by a determination as to eligibility fora payment authorized by this chapter or the amount of apayment, may have the application reviewed by the agencyhead.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-24
Rules and provisions; adoption by agency heads and governor
Sec. 24. Each agency head may adopt rules and procedures,consistent with this chapter, as necessary or appropriate to carry outits purposes. The governor may, with the approval of the attorneygeneral, adopt uniform rules and procedures, including uniformschedules of payments under section 14 of this chapter and standardsfor the determination of payments under sections 16 and 17 of thischapter. The rules must be uniform and applicable to all agenciessubject to this chapter. In adopting rules the governor, or the agencyhead if the governor has not adopted rules, shall consult with federalagencies administering relocation assistance programs under theUniform Relocation Assistance and Real Property AcquisitionPolicies Act of 1970 (42 U.S.C. 4601-4655) to promote uniform andeffective administration of relocation assistance and land acquisitionby all governmental agencies acquiring property in Indiana.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-25
Policy guidelines
Sec. 25. All agencies shall, to the greatest extent practicable, beguided by the following policies:
(1) The agency shall make every reasonable effort to acquireexpeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation ofnegotiations, and the owner or a designated representative shallbe given an opportunity to accompany the appraiser during theinspection of the property.
(3) Before the initiation of negotiations for real property, theagency concerned shall establish an amount that it believes tobe just compensation and shall make a prompt offer to acquirethe property for the full amount established. The amount maynot be less than the agency's approved appraisal of the fairmarket value of the property. A decrease or increase in the fair
market value of real property before the date of valuationcaused by the public improvement for which the property isacquired, or by the likelihood that the property would beacquired for the improvement, other than that due to physicaldeterioration within the reasonable control of the owner, will bedisregarded in determining the compensation for the property.The agency concerned shall provide the owner of real propertyto be acquired with a written statement of, and summary of thebasis for, the amount it established as just compensation. Whereappropriate the just compensation for the real property acquiredand for damages to remaining real property shall be separatelystated.
(4) An owner is not required to surrender possession of realproperty before the agency concerned pays the agreed purchaseprice, or deposits with the court in eminent domain proceedingsfor the benefit of the owner, the amount of the award of theappraisers in the eminent domain proceeding for the property.
(5) The construction or development of a public improvementshall be so scheduled that, to the greatest extent practicable, aperson lawfully occupying real property is not required to movefrom a dwelling (assuming an adequate replacement dwellingwill be available) or to move a business or farm operationwithout at least ninety (90) days written notice from the agencyconcerned of the date by which the move is required.
(6) If the agency permits an owner or tenant to occupy the realproperty acquired on a rental basis for a short term or for aperiod subject to termination by the agency on short notice, theamount of rent required may not exceed the fair rental value ofthe property to a short-term occupier.
(7) The agency may not advance the time of condemnation, ordefer negotiations or condemnation and the deposit of funds incourt for the use of the owner, or take any other action coercivein nature, to compel an agreement on the price to be paid for theproperty.
(8) If any interest in real property is to be acquired by exerciseof the power of eminent domain, the agency concerned shallinstitute formal condemnation proceedings. An agency may notintentionally make it necessary for an owner to institute legalproceedings to prove the fact of the taking of the owner's realproperty.
(9) If the acquisition of only part of a property would leave itsowner with an uneconomic remnant, the agency concerned shalloffer to acquire the entire property.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-26
Reimbursement of conveyance expenses, penalties, and realproperty taxes
Sec. 26. The acquiring agency, as soon as practicable after thedate of payment of the purchase price or the date of deposit in court
of funds to satisfy the award of compensation in eminent domainproceedings to acquire real property, whichever is the earlier, shallreimburse the owner, to the extent the agency head deems fair andreasonable, for expenses the owner necessarily incurred for:
(1) recording fees, transfer taxes, and similar expensesincidental to conveying the real property to the agency;
(2) penalty costs for prepayment of any preexisting recordedmortgage entered into in good faith encumbering the realproperty; and
(3) the pro rata portion of real property taxes paid that areallocable to a period subsequent to the date of vesting title inthe agency or the effective date of possession of the realproperty by the agency, whichever is the earlier.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-27
Awards for condemnation proceeding expenses
Sec. 27. (a) The court having jurisdiction of a proceedinginstituted by an agency to acquire real property by eminent domainshall award the owner of a right, or title to, or interest in, the realproperty the sum that will in the opinion of the court reimburse theowner for reasonable costs, disbursements, and expenses, includingreasonable attorney, appraisal, and engineering fees, actuallyincurred because of the condemnation proceedings, if:
(1) the final judgment is that the agency cannot acquire the realproperty by eminent domain; or
(2) the proceeding is abandoned by the agency.
(b) An award made under subsection (a) shall be paid by theagency for whose benefit the eminent domain proceedings wereinstituted.
(c) The court rendering a judgment for the plaintiff in aproceeding brought under IC 32-24-1-16 or any other Indiana lawproviding for the institution of proceedings by the owner seeking justcompensation for property taken for public use in awardingcompensation for the taking of property by an agency, or the agencyeffecting a settlement of a proceeding, shall determine and award orallow to the plaintiff, as a part of the judgment or settlement a sumthat will in the opinion of the court or the agency reimburse theplaintiff for reasonable costs, disbursements, and expenses, includingreasonable attorney, appraisal, and engineering fees, actuallyincurred because of the proceeding.
As added by P.L.18-1990, SEC.226. Amended by P.L.2-2002,SEC.49.
IC 8-23-17-28
Adequate replacement dwelling requirement
Sec. 28. A person is not required to move from the person'sdwelling by an agency acquiring the dwelling or engaged in a codeenforcement program unless the agency head has determined that anadequate replacement dwelling is available to the person.As added by P.L.18-1990, SEC.226.
IC 8-23-17-29
Effect of chapter
Sec. 29. (a) Section 25 of this chapter does not create a legal rightor liability and does not affect the validity of property acquisitionsby purchase or condemnation.
(b) This chapter does not create an element of value or damagesnot in existence before April 16, 1971, in any proceedings broughtunder the power of eminent domain.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-30
Federal assistance; compliance with federal law
Sec. 30. An agency acquiring real property or engaging in codeenforcement activities under a program under which federal financialassistance is or will be available to pay the cost of the program isauthorized to enter into an agreement with the appropriate federalagency under which the agency agrees to provide relocationassistance services and payments as required or authorized under theUniform Relocation Assistance and Land Acquisition Policies Actof 1970 (42 U.S.C. 4601-4655) and to use available federal funds.The agency using federal financial assistance may make contractsand expenditures, and act, make rules, orders, and findings asnecessary to comply with the federal law and the related rules,regulations, and interpretations promulgated by the appropriatefederal agencies.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-31
Federal assistance; noncompliance with chapter
Sec. 31. An agency acquiring real property or engaging in codeenforcement activities with federal financial assistance or acquiringreal property reasonably anticipating that federal funds might be usedto reimburse the cost of construction or other activity for which thereal property is acquired and that is subject to the requirements of theFederal Uniform Relocations Assistance and Real PropertyAcquisitions Policies Act of 1970 (42 U.S.C. 4601-4655) is notrequired to make relocation payments or provide relocationassistance programs under this chapter, or to comply with anyprocedures or rules under this chapter that are inconsistent withapplicable federal law or regulations if the agency complies with allapplicable federal law and regulations relating to relocationpayments and assistance for persons displaced by the project.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-32
Tax exemptions; effect of payments on public assistance eligibility
Sec. 32. (a) All amounts paid to displaced persons under thischapter are exempt from taxation under IC 6-3. (b) A payment received under this chapter is not considered asincome for the purpose of determining the eligibility or extent ofeligibility of any person for public assistance under the following:
TANF assistance.
TANF burials.
TANF IMPACT/J.O.B.S.
Temporary Assistance to Other Needy Families (TAONF)assistance.
ARCH.
Blind relief.
Child care.
Child welfare adoption assistance.
Child welfare adoption opportunities.
Child welfare assistance.
Child welfare child care improvement.
Child welfare child abuse.
Child welfare child abuse and neglect prevention.
Child welfare children's victim advocacy program.
Child welfare foster care assistance.
Child welfare independent living.
Child welfare medical assistance to wards.
Child welfare program review action group (PRAG).
Child welfare special needs adoption.
Food Stamp administration.
Health care for indigent (HIC).
ICES.
IMPACT (food stamps).
Title IV-D (ICETS).
Title IV-D child support administration.
Title IV-D child support enforcement (parent locator).
Medicaid assistance.
Medical services for inmates and patients (590).
Room and board assistance (RBA).
Refugee social service.
Refugee resettlement.
Repatriated citizens.
SSI burials and disabled examinations.
Title XIX certification.
Any other Indiana law administered by the division of familyresources or the department of child services.
As added by P.L.18-1990, SEC.226. Amended by P.L.2-1992,SEC.83; P.L.192-2002(ss), SEC.151; P.L.145-2006, SEC.22;P.L.161-2007, SEC.3.
IC 8-23-17-33
Review of determination
Sec. 33. A person aggrieved by a determination made by anagency head under this chapter may have the determination reviewedby the governing body or principal executive officer of the agency.A final determination of the agency is subject to judicial review
under IC 4-21.5-5.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-34
Waiver of eminent domain power; notice to property owner
Sec. 34. This chapter is not applicable to the purchase of a parcelof real property by an agency if the agency head gives notice inwriting to the owner of the property not later than the date of its firstoffer to purchase the property that the agency will not exercise aright it may have to acquire the property through exercise of thepower of eminent domain. Proceedings in eminent domain may notthereafter be instituted by the agency with respect to the real propertyunless the notice is expressly revoked in writing. If the notice isrevoked, the provisions of this chapter are applicable as if the agencyhad not given notice under this section.
As added by P.L.18-1990, SEC.226.
IC 8-23-17-35
Financing of payments
Sec. 35. Funds appropriated or otherwise available to an agencyfor the acquisition of real property or an interest in real property orfor the conduct of code enforcement programs shall also be availableto carry out this chapter.
As added by P.L.18-1990, SEC.226.