IC 36-7-14
Chapter 14. Redevelopment of Areas Needing Redevelopment
Generally; Redevelopment Commissions
IC 36-7-14-1 Application of chapter; jurisdiction in excluded cities that elect to
be governed by this chapter
Sec. 1. (a) This chapter applies to all units except:
(1) counties having a consolidated city, and units in those
counties, except those units described in subsection (b); and
(2) townships.
(b) This chapter applies to an excluded city (as defined in
IC 36-3-1-7) that adopts an ordinance electing to be governed by this
chapter and establishes a redevelopment commission under section
3 of this chapter. Upon the adoption of an ordinance under this
subsection:
(1) an area needing redevelopment;
(2) an economic development area; or
(3) an allocation area previously established under
IC 36-7-15.1-37 through IC 36-7-15.1-58;
continues in full force and effect as if the area had been created
under this chapter.
(c) An:
(1) area needing redevelopment;
(2) economic development area; or
(3) allocation area previously established under IC 36-7-15.1-37
through IC 36-7-15.1-58;
described in subsection (b) is subject to the jurisdiction of the
redevelopment commission established under section 3 of this
chapter and is not subject to the jurisdiction of the commission (as
defined 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, or
deteriorating 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 a
blighted, deteriorated, or deteriorating area established under this
chapter shall be treated as a reference to an area needing
redevelopment (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 redevelopment
area established under this chapter shall be treated as a reference to
a redevelopment project area established under this chapter or
IC 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 fire
protection 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 by
private enterprise
Sec. 2. (a) The clearance, replanning, and redevelopment of areas
needing redevelopment under this chapter are public uses and
purposes for which public money may be spent and private property
may be acquired.
(b) Each unit shall, to the extent feasible under this chapter and
consistent with the needs of the unit as a whole, afford a maximum
opportunity for rehabilitation or redevelopment of areas by private
enterprise. 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 be
accomplished through the ordinary operations of private
enterprise because of:
(A) the necessity for requiring the proper use of the land so
as 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 the
state; and
(C) serve to protect and increase property values in the unit
and the state; and
(3) are public uses and purposes for which public money may
be spent and private property may be acquired.
(b) This section and sections 41 and 43 of this chapter shall be
liberally 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; taxing
districts
Sec. 3. (a) A unit may establish a department of redevelopment
controlled by a board of five (5) members to be known as
"__________ Redevelopment Commission", designating the name of
the municipality or county. However, in the case of a county, the
county executive may adopt an ordinance providing that the county
redevelopment commission consists of seven (7) members.
(b) Subject to section 3.5 of this chapter, all of the territory within
the corporate boundaries of a municipality constitutes a taxing
district for the purpose of levying and collecting special benefit taxes
for redevelopment purposes as provided in this chapter. Subject to
section 3.5 of this chapter, all of the territory in a county, except that
within a municipality that has a redevelopment commission,
constitutes a taxing district for a county.
(c) All of the taxable property within a taxing district is
considered to be benefited by redevelopment projects carried out
under this chapter to the extent of the special taxes levied under this
chapter. 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; property
tax proceeds; outstanding obligations; special tax
Sec. 3.5. (a) This section applies whenever:
(1) a municipality with a redevelopment district is annexing an
area in a county; or
(2) a municipality establishes a redevelopment district;
after the county in which the municipality is located has established
a redevelopment district.
(b) This subsection applies whenever:
(1) the area to be annexed or to be included in the municipality's
district includes all or part of an allocation area established by
a county redevelopment commission for purposes of section 39
of this chapter; and
(2) bonds or lease obligations are outstanding that are payable
by the county redevelopment commission in whole or in part
from property tax proceeds allocated from the allocation area
under section 39 of this chapter.
The county redevelopment commission shall continue to receive
allocations of property tax proceeds from the area annexed or
included in the municipality's district for the commission's allocation
fund as if the annexation or establishment of the district had not
occurred as long as any bonds or lease obligations payable by the
county from allocated property tax proceeds are outstanding. After
the final effectiveness of the annexation or the establishment of the
municipality's district, the county redevelopment commission may
not issue bonds or enter into leases that are payable from allocated
property tax proceeds from the part of the allocation area annexed or
included unless the legislative body of the municipality adopts an
ordinance approving the issuance and this use of allocated property
tax proceeds from that part of the allocation area.
(c) This subsection applies whenever bonds or lease obligations
are outstanding that are payable by the county redevelopment
commission in whole or in part from the special tax levied under
section 27 of this chapter. The county redevelopment commission
shall continue to levy a special tax on property in the area annexed
or included in the municipality's district as long as any bonds or lease
obligations payable by the county are outstanding. After the final
effectiveness of the annexation or the establishment of the
municipality's district, the county redevelopment commission may
not levy the special tax for new bonds or lease obligations in the
annexed or included area unless the legislative body of the
municipality 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 municipal
redevelopment 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 legislative
body.
The municipal executive shall also appoint an individual to serve as
a nonvoting adviser to the redevelopment commission beginning July
1, 2008.
(b) The commissioners for a county redevelopment commission
that has five (5) members shall be appointed as follows:
(1) The county executive shall appoint all the members whose
terms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, the
county executive shall appoint three (3) members, and the
county fiscal body shall appoint two (2) members.
The county executive shall also appoint an individual to serve as a
nonvoting adviser to the redevelopment commission beginning July
1, 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 whose
terms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, the
county executive shall appoint four (4) members, and the
county fiscal body shall appoint three (3) members.
The county executive shall also appoint an individual to serve as a
nonvoting adviser to the redevelopment commission beginning July
1, 2008.
(d) A nonvoting adviser appointed under this section:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory served by
the redevelopment commission;
(2) is not considered a member of the redevelopment
commission for purposes of this chapter but is entitled to attend
and participate in the proceedings of all meetings of the
redevelopment commission;
(3) is not entitled to a salary, per diem, or reimbursement of
expenses;
(4) serves for a term of two (2) years and until a successor is
appointed; and
(5) serves at the pleasure of the entity that appointed the
nonvoting 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 until
his successor is appointed and has qualified, except that the original
commissioners shall serve from the date of their appointment until
the first day of January in the second year after their appointment. If
a vacancy occurs, a successor shall be appointed in the same manner
as the original commissioner, and the successor shall serve for the
remainder of the vacated term.
(b) Each redevelopment commissioner, before beginning his
duties, shall take and subscribe an oath of office in the usual form,
to be endorsed on the certificate of his appointment, which shall be
promptly filed with the clerk for the unit that he serves.
(c) Each redevelopment commissioner, before beginning his
duties, shall execute a bond payable to the state, with surety to be
approved by the executive of the unit. The bond must be in the penal
sum of fifteen thousand dollars ($15,000) and must be conditioned
on the faithful performance of the duties of his office and the
accounting for all monies and property that may come into his hands
or under his control. The cost of the bond shall be paid by the special
taxing 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, he
forfeits his office.
(f) Except as provided in subsection (g), redevelopment
commissioners are not entitled to salaries but are entitled to
reimbursement for expenses necessarily incurred in the performance
of their duties.
(g) A redevelopment commissioner who does not otherwise hold
a lucrative office for the purpose of Article 2, Section 9 of the
Indiana Constitution may receive:
(1) a salary; or
(2) a per diem;
and is entitled to reimbursement for expenses necessarily incurred in
the 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 meeting
for the purpose of organization not later than thirty (30) days after
they are appointed and, after that, each year on the first day in
January that is not a Saturday, a Sunday, or a legal holiday. They
shall choose one (1) of their members as president, another as vice
president, and another as secretary. These officers shall perform the
duties usually pertaining to their offices and shall serve from the date
of their election until their successors are elected and qualified.
(b) The redevelopment commission may appoint a treasurer who
need not be a member of the redevelopment commission. The
redevelopment commission may provide for the payment of
compensation to a treasurer who is not a member of the
redevelopment commission. Notwithstanding any other provision of
this chapter, the treasurer has charge over and is responsible for the
administration, investment, and disbursement of all funds and
accounts of the redevelopment commission in accordance with the
requirements of this chapter. However, the treasurer may not perform
any duties of the fiscal officer or any other officer of the unit that are
prescribed by section 24 of this chapter or by any provisions of this
chapter that pertain to the issuance and sale of bonds, notes, or
warrants of the special taxing district.
(c) The redevelopment commissioners may adopt the rules and
bylaws they consider necessary for the proper conduct of their
proceedings, the carrying out of their duties, and the safeguarding of
the money and property placed in their custody by this chapter. In
addition to the annual meeting, the commissioners may, by resolution
or in accordance with their rules and bylaws, prescribe the date and
manner of notice of other regular or special meetings.
(d) This subsection does not apply to a county redevelopment
commission that consists of seven (7) members. Three (3) of the
redevelopment commissioners constitute a quorum, and the
concurrence of three (3) commissioners is necessary to authorize any
action.
(e) This subsection applies only to a county redevelopment
commission that consists of seven (7) members. Four (4) of the
redevelopment commissioners constitute a quorum, and the
concurrence of four (4) commissioners is necessary to authorize any
action. 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 body
that appointed a municipal redevelopment commissioner may
summarily remove that commissioner from office at any time.
(b) The county executive may summarily remove a county
redevelopment 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 in
property and transactions
Sec. 10. (a) A redevelopment commissioner or a nonvoting
adviser appointed under section 6.1 of this chapter may not have a
pecuniary interest in any contract, employment, purchase, or sale
made under this chapter. However, any property required for
redevelopment purposes in which a commissioner or nonvoting
adviser has a pecuniary interest may be acquired, but only by gift or
condemnation.
(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 redevelopment
within 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 the
interests 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 this
section, and keep those reports open to inspection by the public
at the offices of the department;
(6) select and acquire the areas needing redevelopment to be
redeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment in
the manner that best serves the social and economic interests of
the 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 the
following:
(1) Acquire by purchase, exchange, gift, grant, condemnation,
or lease, or any combination of methods, any personal property
or interest in real property needed for the redevelopment of
areas needing redevelopment that are located within the
corporate boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,
or other instrument), exchange, lease, rent, or otherwise dispose
of property acquired for use in the redevelopment of areas
needing redevelopment on the terms and conditions that the
commission considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real
property acquired for redevelopment purposes to any other
department of the unit or to any other governmental agency for
public ways, levees, sewerage, parks, playgrounds, schools, and
other 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 real
property and structures acquired or to be acquired for
redevelopment 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 the
following, 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 for redevelopment
purposes.
(8) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment
purposes.
(9) Survey or examine any land to determine whether it should
be included within an area needing redevelopment to be
acquired for redevelopment purposes and to determine the value
of that land.
(10) Appear before any other department or agency of the unit,
or before any other governmental agency in respect to any
matter affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction
of 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 or
considered proper to protect and enforce the rights of and
perform the duties of the department of redevelopment.
(13) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 20 of this chapter.
(14) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, and attorneys.
(15) Appoint clerks, guards, laborers, and other employees the
commission considers advisable, except that those appointments
must be made in accordance with the merit system of the unit if
such a system exists.
(16) Prescribe the duties and regulate the compensation of
employees of the department of redevelopment.
(17) Provide a pension and retirement system for employees of
the department of redevelopment by using the Indiana public
employees' retirement fund or a retirement plan approved by the
United States Department of Housing and Urban Development.
(18) Discharge and appoint successors to employees of the
department 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 with
the necessary furniture, furnishings, equipment, records, and
supplies.
(21) Expend, on behalf of the special taxing district, all or any
part 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 areas
needing redevelopment or economic development within the
corporate boundaries of the unit; or
(B) any structure that enhances development or economic
development.
(23) Contract for the construction, extension, or improvement
of pedestrian skyways.
(24) Accept loans, grants, and other forms of financial
assistance 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) to
enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to individuals and families whose income is at or
below the unit's median income for individuals and families,
respectively.
(26) Provide financial assistance (including grants and loans) to
neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described
in subdivision (25); or
(B) construct, rehabilitate, or repair commercial property
within the district.
(27) Require as a condition of financial assistance to the owner
of a multiple unit residential structure that any of the units
leased by the owner must be leased:
(A) for a period to be determined by the commission, which
may 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 under
subsection (a)(27)(A), even if the owner sells, leases, or conveys the
property. The subsequent owner or lessee is bound by the conditions
for the remainder of the period.
(c) As used in this section, "pedestrian skyway" means a
pedestrian walkway within or outside of the public right-of-way and
through and above public or private property and buildings, including
all structural supports required to connect skyways to buildings or
buildings under construction. Pedestrian skyways constructed,
extended, or improved over or through public or private property
constitute public property and public improvements, constitute a
public use and purpose, and do not require vacation of any public
way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under 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 redevelopment
commission to perform construction work referred to in section
12.2(a)(4), 12.2(a)(7), 12.2(a)(22), or 12.2(a)(23) of this
chapter; 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 each
calendar year, the redevelopment commissioners shall file with the
unit's executive a report setting out their activities during the
preceding calendar year.
(b) The report of the commissioners of a municipal redevelopment
commission must show the names of the then qualified and acting
commissioners, the names of the officers of that body, the number of
regular employees and their fixed salaries or compensation, the
amount of the expenditures made during the preceding year and their
general purpose, the amount of funds on hand at the close of the
calendar year, and other information necessary to disclose the
activities of the commissioners and the results obtained.
(c) The report of the commissioners of a county redevelopment
commission must show all the information required by subsection
(b), plus the names of any commissioners appointed to or removed
from 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 county
to have any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of the city.
(b) A city may contract with the county in which it is located to
have any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of the
county.
(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 public
instrumentality or public corporate body.
(d) A contract made under this section must be for a stated and
limited period and may be renewed.
(e) Whenever a city official acts under a contract made under this
section, or whenever permits or other writings are used under such
a contract, the action or use must be in the name of the county
redevelopment 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; declaratory
resolution; 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 area
needing redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected
in the area by regulatory processes or the ordinary operations of
private 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 this
chapter as a redevelopment project area; or
(B) the amendment of the resolution or plan, or both, for an
existing redevelopment project area; and
(4) in the case of an amendment to the resolution or plan for an
existing redevelopment project area:
(A) the amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and
the 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 amendment
enlarges the boundaries of the area, the existing area does
not generate sufficient revenue to meet the financial
obligations of the original project;
the commission shall cause to be prepared the data described in
subsection (b).
(b) After making a finding under subsection (a), the commission
shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area in which property would be
acquired for, or otherwise affected by, the establishment of
a 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, or
redevelopment of the area, indicating any parcels of property
to be excluded from the acquisition or otherwise excluded
from the effects of the establishment of the redevelopment
project area or the amendment of the resolution or plan for
an existing area; and
(C) the parts of the area acquired, if any, that are to be
devoted to public ways, levees, sewerage, parks,
playgrounds, and other public purposes under the
redevelopment plan;
(2) lists of the owners of the various parcels of property
proposed to be acquired for, or otherwise affected by, the
establishment of an area or the amendment of the resolution or
plan for an existing area; and
(3) an estimate of the costs, if any, to be incurred for the
acquisition and redevelopment of property.
(c) This subsection applies to the initial establishment of a
redevelopment project area. After completion of the data required by
subsection (b), the redevelopment commission shall adopt a
resolution declaring that:
(1) the area needing redevelopment is a menace to the social
and economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and
redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the
redevelopment project area, and that the department of
redevelopment proposes to acquire all of the interests in the land
within the boundaries, with certain designated exceptions, if there are
any.
(d) This subsection applies to the amendment of the resolution or
plan for an existing redevelopment project area. After completion of
the data required by subsection (b), the redevelopment commission
shall adopt a resolution declaring that:
(1) except as provided by subsection (f), if the amendment
enlarges the boundaries of the area, the existing area does not
generate sufficient revenue to meet the financial obligations of
the original project;
(2) it will be of public utility and benefit to amend the
resolution or plan for the area; and
(3) any additional area to be acquired under the amendment is
designated as part of the existing redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the
redevelopment project area, including any changes made to those
boundaries by the amendment, and describe the activities that the
department of redevelopment is permitted to take under the
amendment, 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 redevelopment
project area by its location in relation to public ways or streams, or
otherwise, as determined by the commissioners. Property excepted
from the application of a resolution may be described by street
numbers or location.
(f) The redevelopment commission is not required to make the
finding and declaration described in subsections (a)(4)(C) and (d)(1)
concerning the enlargement of the boundaries of an existing
redevelopment project area if, before the adoption of the resolution
under subsection (d), the Indiana economic development corporation
issues a finding approving the enlargement of the boundaries. Before
issuing a finding under this subsection, the Indiana economic
development corporation must consider whether the 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
redevelopment project area is located; or
(4) otherwise benefit the people of Indiana by increasing
opportunities for employment in Indiana and strengthening the
economy 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 of
additional areas outside boundaries
Sec. 15.5. (a) This section applies to a county having a population
of more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
(b) In adopting a declaratory resolution under section 15 of this
chapter, a redevelopment commission may include a provision
stating that the redevelopment project area is considered to include
one (1) or more additional areas outside the boundaries of the
redevelopment project area if the redevelopment commission makes
the following findings and the requirements of subsection (c) are
met:
(1) One (1) or more taxpayers presently located within the
boundaries of the redevelopment project area are expected
within one (1) year to relocate all or part of their operations
outside the boundaries of the redevelopment project area and
have expressed an interest in relocating all or part of their
operations within the boundaries of an additional area.
(2) The relocation described in subdivision (1) will contribute
to the continuation of the conditions described in IC 36-7-1-3 in
the redevelopment project area.
(3) For purposes of this section, it will be of public utility and
benefit to include the additional areas as part of the
redevelopment project area.
(c) Each additional area must be designated by the redevelopment
commission as a redevelopment project area or an economic
development area under this chapter.
(d) Notwithstanding section 3 of this chapter, the additional areas
shall be considered to be a part of the redevelopment special taxing
district under the jurisdiction of the redevelopment commission. Any
excess property taxes that the commission has determined may be
paid to taxing units under section 39(b)(3) of this chapter shall be
paid to the taxing units from which the excess property taxes were
derived. All powers of the redevelopment commission authorized
under this chapter may be exercised by the redevelopment
commission in additional areas under its jurisdiction.
(e) The declaratory resolution must include a statement of the
general boundaries of each additional area. However, it is sufficient
to 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 with
respect to the allocation and distribution of property taxes with
respect to one (1) or more of the additional areas in the manner
provided in section 39 of this chapter. If the redevelopment
commission includes such a provision in the resolution, allocation
areas in the redevelopment project area and in the additional areas
considered to be part of the redevelopment project area shall be
considered a single allocation area for purposes of this chapter.
(g) The additional areas must be located within the same county
as the redevelopment project area but are not otherwise required to
be within the jurisdiction of the redevelopment commission, if the
redevelopment commission obtains the consent by ordinance of:
(1) the county legislative body, for each additional area located
within the unincorporated part of the county; or
(2) the legislative body of the city or town affected, for each
additional area located within a city or town.
In granting its consent, the legislative body shall approve the plan of
development or redevelopment relating to the additional area.
(h) A declaratory resolution previously adopted may be amended
to include a provision to include additional areas as set forth in this
section and an allocation provision under section 39 of this chapter
with respect to one (1) or more of the additional areas in accordance
with sections 15, 16, and 17 of this chapter.
(i) The redevelopment commission may amend the allocation
provision of a declaratory resolution in accordance with sections 15,
16, and 17 of this chapter to change the assessment date that
determines the base assessed value of property in the allocation area
to any assessment date following the effective date of the allocation
provision of the declaratory resolution. Such a change may relate to
the assessment date that determines the base assessed value of that
portion of the allocation area that is located in the redevelopment
project area alone, that portion of the allocation area that is located
in 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 redevelopment
commission of an excluded city described in section 1(b) of this
chapter. After adoption under section 15 of this chapter of a
resolution that designates a redevelopment project area or amends
the resolution or plan for an existing area, the redevelopment
commission shall submit the resolution and supporting data to the
plan commission of the unit, or if there is no plan commission, then
to the body charged with the duty of developing a general plan for
the unit, if there is such a body. The plan commission may determine
whether the resolution and the redevelopment plan conform to the
plan of development for the unit and approve or disapprove the
resolution and plan proposed. The redevelopment commission may
amend or modify the resolution and proposed plan in order to
conform them to the requirements of the plan commission. The plan
commission shall issue its written order approving or disapproving
the resolution and redevelopment plan, and may, with the consent of
the redevelopment commission, rescind or modify that order.
(b) This subsection does not apply to the redevelopment
commission of an excluded city described in section 1(b) of this
chapter. 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 or
plan for an existing redevelopment project area;
until the approving order of the plan commission is issued and
approved by the municipal legislative body or county executive.
(c) In determining the location and extent of a redevelopment
project area proposed to be acquired for redevelopment, the
redevelopment commission and the plan commission of the unit shall
give consideration to transitional and permanent provisions for
adequate housing for the residents of the area who will be displaced
by the redevelopment project.
(d) After adoption under section 15 of this chapter of a resolution
that designates a redevelopment project area or amends the
resolution or plan for an existing area, a redevelopment commission
in an excluded city that is exempt from the requirements of
subsections (a) and (b) shall submit the resolution and supporting
data to the municipal legislative body of the excluded city. The
municipal 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 the
plan commission and approval of the municipal legislative body or
county executive, the redevelopment commission shall publish notice
of the adoption and substance of the resolution in accordance with
IC 5-3-1. The notice must:
(1) state that maps and plats have been prepared and can be
inspected at the office of the department; and
(2) name a date when the commission will:
(A) receive and hear remonstrances and objections from
persons interested in or affected by the proceedings
pertaining to the proposed project or other actions to be
taken under the resolution; and
(B) determine the public utility and benefit of the proposed
project or other actions.
All persons affected in any manner by the hearing, including all
taxpayers of the special taxing district, shall be considered notified
of the pendency of the hearing and of subsequent acts, hearings,
adjournments, and orders of the commission by the notice given
under this section.
(b) A copy of the notice of the hearing on the resolution shall be
filed in the office of the unit's plan commission, board of zoning
appeals, works board, park board, and building commissioner, and
any other departments, bodies, or officers of the unit having to do
with unit planning, variances from zoning ordinances, land use, or
the issuance of building permits. These agencies and officers shall
take notice of the pendency of the hearing and, until the commission
confirms, modifies and confirms, or rescinds the resolution, or the
confirmation of the resolution is set aside on appeal, may not:
(1) authorize any construction on property or sewers in the area
described in the resolution, including substantial modifications,
rebuilding, conversion, enlargement, additions, and major
structural improvements; or
(2) take any action regarding the zoning or rezoning of property,
or the opening, closing, or improvement of streets, alleys, or
boulevards in the area described in the resolution.
This subsection does not prohibit the granting of permits for ordinary
maintenance or minor remodeling, or for changes necessary for the
continued occupancy of buildings in the area.
(c) If the resolution to be considered at the hearing includes a
provision establishing or amending an allocation provision under
section 39 of this chapter, the redevelopment commission shall file
the 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 by
the allocation area, as measured by increased employment
and anticipated growth of real property assessed values.
(B) The anticipated impact on tax revenues of each taxing
unit.
The redevelopment commission shall file the information required by
this subsection with 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) days before the date of the hearing.
(d) At the hearing, which may be adjourned from time to time, the
redevelopment commission shall hear all persons interested in the
proceedings and shall consider all written remonstrances and
objections that have been filed. After considering the evidence
presented, the commission shall take final action determining the
public utility and benefit of the proposed project or other actions to
be taken under the resolution, and confirming, modifying and
confirming, or rescinding the resolution. The final action taken by
the commission shall be recorded and is final and conclusive, except
that an appeal may be taken in the manner prescribed by section 18
of 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 this
chapter, if the resolution or plan for an existing redevelopment
project 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 hearing
under section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhood
associations.
(b) In addition to the requirements of section 17 of this chapter,
if the resolution or plan for an existing redevelopment project 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 be
acquired;
the commission must, at least ten (10) days before the public hearing
under section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhood
associations and to persons owning property that is in the proposed
enlargement of the area or that is proposed to be added to the
acquisition list. If the enlargement of an area is proposed, notice must
also be filed in accordance with section 17(b) of this chapter, and
agencies and officers may not take actions prohibited by section
17(b) of this chapter in the proposed enlarged area.
(c) The commission may require that neighborhood associations
register with the commission. The commission may adopt a rule that
requires that a neighborhood association encompass a part of the
geographic area included in or proposed to be included in a
redevelopment project area, urban renewal area, or economic
development 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 the
redevelopment commission under section 17 of this chapter and is
aggrieved by the final action taken may, within ten (10) days after
that final action, file in the office of the clerk of the circuit or
superior court a copy of the order of the commission and his
remonstrance against that order, together with his bond conditioned
to pay the costs of his appeal if the appeal is determined against him.
The only ground of remonstrance that the court may hear is whether
the proposed project will be of public utility and benefit. The burden
of proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has
been taken shall be consolidated and heard and determined within
thirty (30) days after the time of the filing of the appeal. The court
shall hear evidence on the remonstrances, and may confirm the final
action of the commission or sustain the remonstrances. The judgment
of the court is final and conclusive, unless an appeal is taken as in
other 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 is
unsuccessful, the redevelopment commission shall proceed with the
proposed project to the extent that money is available for that
purpose.
(b) The redevelopment commission shall first approve and adopt
a list of the real property and interests in real property to be acquired
and 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 the
commission except that appraisals are not required in transactions
with other governmental agencies. However, if the real property is
less than five (5) acres in size and the fair market value of the real
property or interest has been appraised by one (1) independent
appraiser at less than ten thousand dollars ($10,000), the second
appraisal may be made by a qualified employee of the department of
redevelopment. The prices indicated on the list may not be exceeded
unless specifically authorized by the commission or ordered by a
court in condemnation proceedings. The commission may except
from acquisition any real property in the area if the commission finds
that such an acquisition is not necessary under the redevelopment
plan. Appraisals made under this section are for the information of
the commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried on
directly by the redevelopment commission, by its employees, or by
expert negotiations, but no option, contract, or understanding relative
to the purchase of real property is binding on the commission until
approved and accepted by the commission in writing. The
commission may authorize the payment of a nominal fee to bind an
option and as a part of the consideration for conveyance may agree
to pay the expense incident to the conveyance and determination of
the title of the property. Payment for the property purchased shall be
made when and as directed by the commission but only on delivery
of proper instruments conveying the title or interest of the owner to
the "City (Town or County) of ______________ for the use and
benefit of its department of redevelopment".
(d) All real property and interests in real property acquired by the
redevelopment commission are free and clear of all liens,
assessments, and other governmental charges except for current
property taxes, which shall be prorated to the date of acquisition.
(e) Notwithstanding subsections (a) through (d), the
redevelopment commission may, before the time referred to in this
section, accept gifts of property needed for the redevelopment of
redevelopment project areas if the property is free and clear of all
liens other than taxes, assessments, and other governmental charges.
The commission may, before the time referred to in this section, take
options on or contract for the acquisition of property needed for the
redevelopment of redevelopment project areas if the options and
contracts are not binding on the commission or the district until the
time referred to in this section and until money is available to pay the
consideration 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 the
unit that established the department of redevelopment, if the
redevelopment commission considers it necessary to acquire real
property in a redevelopment project area by the exercise of the power
of eminent domain, the commission shall adopt a resolution setting
out its determination to exercise that power and directing its attorney
to file a petition in the name of the unit on behalf of the department
of redevelopment, in the circuit or superior court of the county in
which the property is situated.
(b) Eminent domain proceedings under this section are governed
by IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use may be acquired under this section, but property belonging to the
state or any political subdivision may not be acquired without its
consent.
(c) The court having jurisdiction shall direct the clerk of the
circuit court to execute a deed conveying the title of real property
acquired under this section to the unit for the use and benefit of its
department 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
IC 36-7-14
Chapter 14. Redevelopment of Areas Needing Redevelopment
Generally; Redevelopment Commissions
IC 36-7-14-1 Application of chapter; jurisdiction in excluded cities that elect to
be governed by this chapter
Sec. 1. (a) This chapter applies to all units except:
(1) counties having a consolidated city, and units in those
counties, except those units described in subsection (b); and
(2) townships.
(b) This chapter applies to an excluded city (as defined in
IC 36-3-1-7) that adopts an ordinance electing to be governed by this
chapter and establishes a redevelopment commission under section
3 of this chapter. Upon the adoption of an ordinance under this
subsection:
(1) an area needing redevelopment;
(2) an economic development area; or
(3) an allocation area previously established under
IC 36-7-15.1-37 through IC 36-7-15.1-58;
continues in full force and effect as if the area had been created
under this chapter.
(c) An:
(1) area needing redevelopment;
(2) economic development area; or
(3) allocation area previously established under IC 36-7-15.1-37
through IC 36-7-15.1-58;
described in subsection (b) is subject to the jurisdiction of the
redevelopment commission established under section 3 of this
chapter and is not subject to the jurisdiction of the commission (as
defined 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, or
deteriorating 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 a
blighted, deteriorated, or deteriorating area established under this
chapter shall be treated as a reference to an area needing
redevelopment (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 redevelopment
area established under this chapter shall be treated as a reference to
a redevelopment project area established under this chapter or
IC 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 fire
protection 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 by
private enterprise
Sec. 2. (a) The clearance, replanning, and redevelopment of areas
needing redevelopment under this chapter are public uses and
purposes for which public money may be spent and private property
may be acquired.
(b) Each unit shall, to the extent feasible under this chapter and
consistent with the needs of the unit as a whole, afford a maximum
opportunity for rehabilitation or redevelopment of areas by private
enterprise. 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 be
accomplished through the ordinary operations of private
enterprise because of:
(A) the necessity for requiring the proper use of the land so
as 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 the
state; and
(C) serve to protect and increase property values in the unit
and the state; and
(3) are public uses and purposes for which public money may
be spent and private property may be acquired.
(b) This section and sections 41 and 43 of this chapter shall be
liberally 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; taxing
districts
Sec. 3. (a) A unit may establish a department of redevelopment
controlled by a board of five (5) members to be known as
"__________ Redevelopment Commission", designating the name of
the municipality or county. However, in the case of a county, the
county executive may adopt an ordinance providing that the county
redevelopment commission consists of seven (7) members.
(b) Subject to section 3.5 of this chapter, all of the territory within
the corporate boundaries of a municipality constitutes a taxing
district for the purpose of levying and collecting special benefit taxes
for redevelopment purposes as provided in this chapter. Subject to
section 3.5 of this chapter, all of the territory in a county, except that
within a municipality that has a redevelopment commission,
constitutes a taxing district for a county.
(c) All of the taxable property within a taxing district is
considered to be benefited by redevelopment projects carried out
under this chapter to the extent of the special taxes levied under this
chapter. 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; property
tax proceeds; outstanding obligations; special tax
Sec. 3.5. (a) This section applies whenever:
(1) a municipality with a redevelopment district is annexing an
area in a county; or
(2) a municipality establishes a redevelopment district;
after the county in which the municipality is located has established
a redevelopment district.
(b) This subsection applies whenever:
(1) the area to be annexed or to be included in the municipality's
district includes all or part of an allocation area established by
a county redevelopment commission for purposes of section 39
of this chapter; and
(2) bonds or lease obligations are outstanding that are payable
by the county redevelopment commission in whole or in part
from property tax proceeds allocated from the allocation area
under section 39 of this chapter.
The county redevelopment commission shall continue to receive
allocations of property tax proceeds from the area annexed or
included in the municipality's district for the commission's allocation
fund as if the annexation or establishment of the district had not
occurred as long as any bonds or lease obligations payable by the
county from allocated property tax proceeds are outstanding. After
the final effectiveness of the annexation or the establishment of the
municipality's district, the county redevelopment commission may
not issue bonds or enter into leases that are payable from allocated
property tax proceeds from the part of the allocation area annexed or
included unless the legislative body of the municipality adopts an
ordinance approving the issuance and this use of allocated property
tax proceeds from that part of the allocation area.
(c) This subsection applies whenever bonds or lease obligations
are outstanding that are payable by the county redevelopment
commission in whole or in part from the special tax levied under
section 27 of this chapter. The county redevelopment commission
shall continue to levy a special tax on property in the area annexed
or included in the municipality's district as long as any bonds or lease
obligations payable by the county are outstanding. After the final
effectiveness of the annexation or the establishment of the
municipality's district, the county redevelopment commission may
not levy the special tax for new bonds or lease obligations in the
annexed or included area unless the legislative body of the
municipality 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 municipal
redevelopment 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 legislative
body.
The municipal executive shall also appoint an individual to serve as
a nonvoting adviser to the redevelopment commission beginning July
1, 2008.
(b) The commissioners for a county redevelopment commission
that has five (5) members shall be appointed as follows:
(1) The county executive shall appoint all the members whose
terms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, the
county executive shall appoint three (3) members, and the
county fiscal body shall appoint two (2) members.
The county executive shall also appoint an individual to serve as a
nonvoting adviser to the redevelopment commission beginning July
1, 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 whose
terms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, the
county executive shall appoint four (4) members, and the
county fiscal body shall appoint three (3) members.
The county executive shall also appoint an individual to serve as a
nonvoting adviser to the redevelopment commission beginning July
1, 2008.
(d) A nonvoting adviser appointed under this section:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory served by
the redevelopment commission;
(2) is not considered a member of the redevelopment
commission for purposes of this chapter but is entitled to attend
and participate in the proceedings of all meetings of the
redevelopment commission;
(3) is not entitled to a salary, per diem, or reimbursement of
expenses;
(4) serves for a term of two (2) years and until a successor is
appointed; and
(5) serves at the pleasure of the entity that appointed the
nonvoting 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 until
his successor is appointed and has qualified, except that the original
commissioners shall serve from the date of their appointment until
the first day of January in the second year after their appointment. If
a vacancy occurs, a successor shall be appointed in the same manner
as the original commissioner, and the successor shall serve for the
remainder of the vacated term.
(b) Each redevelopment commissioner, before beginning his
duties, shall take and subscribe an oath of office in the usual form,
to be endorsed on the certificate of his appointment, which shall be
promptly filed with the clerk for the unit that he serves.
(c) Each redevelopment commissioner, before beginning his
duties, shall execute a bond payable to the state, with surety to be
approved by the executive of the unit. The bond must be in the penal
sum of fifteen thousand dollars ($15,000) and must be conditioned
on the faithful performance of the duties of his office and the
accounting for all monies and property that may come into his hands
or under his control. The cost of the bond shall be paid by the special
taxing 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, he
forfeits his office.
(f) Except as provided in subsection (g), redevelopment
commissioners are not entitled to salaries but are entitled to
reimbursement for expenses necessarily incurred in the performance
of their duties.
(g) A redevelopment commissioner who does not otherwise hold
a lucrative office for the purpose of Article 2, Section 9 of the
Indiana Constitution may receive:
(1) a salary; or
(2) a per diem;
and is entitled to reimbursement for expenses necessarily incurred in
the 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 meeting
for the purpose of organization not later than thirty (30) days after
they are appointed and, after that, each year on the first day in
January that is not a Saturday, a Sunday, or a legal holiday. They
shall choose one (1) of their members as president, another as vice
president, and another as secretary. These officers shall perform the
duties usually pertaining to their offices and shall serve from the date
of their election until their successors are elected and qualified.
(b) The redevelopment commission may appoint a treasurer who
need not be a member of the redevelopment commission. The
redevelopment commission may provide for the payment of
compensation to a treasurer who is not a member of the
redevelopment commission. Notwithstanding any other provision of
this chapter, the treasurer has charge over and is responsible for the
administration, investment, and disbursement of all funds and
accounts of the redevelopment commission in accordance with the
requirements of this chapter. However, the treasurer may not perform
any duties of the fiscal officer or any other officer of the unit that are
prescribed by section 24 of this chapter or by any provisions of this
chapter that pertain to the issuance and sale of bonds, notes, or
warrants of the special taxing district.
(c) The redevelopment commissioners may adopt the rules and
bylaws they consider necessary for the proper conduct of their
proceedings, the carrying out of their duties, and the safeguarding of
the money and property placed in their custody by this chapter. In
addition to the annual meeting, the commissioners may, by resolution
or in accordance with their rules and bylaws, prescribe the date and
manner of notice of other regular or special meetings.
(d) This subsection does not apply to a county redevelopment
commission that consists of seven (7) members. Three (3) of the
redevelopment commissioners constitute a quorum, and the
concurrence of three (3) commissioners is necessary to authorize any
action.
(e) This subsection applies only to a county redevelopment
commission that consists of seven (7) members. Four (4) of the
redevelopment commissioners constitute a quorum, and the
concurrence of four (4) commissioners is necessary to authorize any
action. 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 body
that appointed a municipal redevelopment commissioner may
summarily remove that commissioner from office at any time.
(b) The county executive may summarily remove a county
redevelopment 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 in
property and transactions
Sec. 10. (a) A redevelopment commissioner or a nonvoting
adviser appointed under section 6.1 of this chapter may not have a
pecuniary interest in any contract, employment, purchase, or sale
made under this chapter. However, any property required for
redevelopment purposes in which a commissioner or nonvoting
adviser has a pecuniary interest may be acquired, but only by gift or
condemnation.
(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 redevelopment
within 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 the
interests 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 this
section, and keep those reports open to inspection by the public
at the offices of the department;
(6) select and acquire the areas needing redevelopment to be
redeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment in
the manner that best serves the social and economic interests of
the 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 the
following:
(1) Acquire by purchase, exchange, gift, grant, condemnation,
or lease, or any combination of methods, any personal property
or interest in real property needed for the redevelopment of
areas needing redevelopment that are located within the
corporate boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,
or other instrument), exchange, lease, rent, or otherwise dispose
of property acquired for use in the redevelopment of areas
needing redevelopment on the terms and conditions that the
commission considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real
property acquired for redevelopment purposes to any other
department of the unit or to any other governmental agency for
public ways, levees, sewerage, parks, playgrounds, schools, and
other 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 real
property and structures acquired or to be acquired for
redevelopment 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 the
following, 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 for redevelopment
purposes.
(8) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment
purposes.
(9) Survey or examine any land to determine whether it should
be included within an area needing redevelopment to be
acquired for redevelopment purposes and to determine the value
of that land.
(10) Appear before any other department or agency of the unit,
or before any other governmental agency in respect to any
matter affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction
of 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 or
considered proper to protect and enforce the rights of and
perform the duties of the department of redevelopment.
(13) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 20 of this chapter.
(14) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, and attorneys.
(15) Appoint clerks, guards, laborers, and other employees the
commission considers advisable, except that those appointments
must be made in accordance with the merit system of the unit if
such a system exists.
(16) Prescribe the duties and regulate the compensation of
employees of the department of redevelopment.
(17) Provide a pension and retirement system for employees of
the department of redevelopment by using the Indiana public
employees' retirement fund or a retirement plan approved by the
United States Department of Housing and Urban Development.
(18) Discharge and appoint successors to employees of the
department 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 with
the necessary furniture, furnishings, equipment, records, and
supplies.
(21) Expend, on behalf of the special taxing district, all or any
part 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 areas
needing redevelopment or economic development within the
corporate boundaries of the unit; or
(B) any structure that enhances development or economic
development.
(23) Contract for the construction, extension, or improvement
of pedestrian skyways.
(24) Accept loans, grants, and other forms of financial
assistance 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) to
enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to individuals and families whose income is at or
below the unit's median income for individuals and families,
respectively.
(26) Provide financial assistance (including grants and loans) to
neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described
in subdivision (25); or
(B) construct, rehabilitate, or repair commercial property
within the district.
(27) Require as a condition of financial assistance to the owner
of a multiple unit residential structure that any of the units
leased by the owner must be leased:
(A) for a period to be determined by the commission, which
may 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 under
subsection (a)(27)(A), even if the owner sells, leases, or conveys the
property. The subsequent owner or lessee is bound by the conditions
for the remainder of the period.
(c) As used in this section, "pedestrian skyway" means a
pedestrian walkway within or outside of the public right-of-way and
through and above public or private property and buildings, including
all structural supports required to connect skyways to buildings or
buildings under construction. Pedestrian skyways constructed,
extended, or improved over or through public or private property
constitute public property and public improvements, constitute a
public use and purpose, and do not require vacation of any public
way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under 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 redevelopment
commission to perform construction work referred to in section
12.2(a)(4), 12.2(a)(7), 12.2(a)(22), or 12.2(a)(23) of this
chapter; 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 each
calendar year, the redevelopment commissioners shall file with the
unit's executive a report setting out their activities during the
preceding calendar year.
(b) The report of the commissioners of a municipal redevelopment
commission must show the names of the then qualified and acting
commissioners, the names of the officers of that body, the number of
regular employees and their fixed salaries or compensation, the
amount of the expenditures made during the preceding year and their
general purpose, the amount of funds on hand at the close of the
calendar year, and other information necessary to disclose the
activities of the commissioners and the results obtained.
(c) The report of the commissioners of a county redevelopment
commission must show all the information required by subsection
(b), plus the names of any commissioners appointed to or removed
from 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 county
to have any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of the city.
(b) A city may contract with the county in which it is located to
have any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of the
county.
(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 public
instrumentality or public corporate body.
(d) A contract made under this section must be for a stated and
limited period and may be renewed.
(e) Whenever a city official acts under a contract made under this
section, or whenever permits or other writings are used under such
a contract, the action or use must be in the name of the county
redevelopment 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; declaratory
resolution; 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 area
needing redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected
in the area by regulatory processes or the ordinary operations of
private 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 this
chapter as a redevelopment project area; or
(B) the amendment of the resolution or plan, or both, for an
existing redevelopment project area; and
(4) in the case of an amendment to the resolution or plan for an
existing redevelopment project area:
(A) the amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and
the 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 amendment
enlarges the boundaries of the area, the existing area does
not generate sufficient revenue to meet the financial
obligations of the original project;
the commission shall cause to be prepared the data described in
subsection (b).
(b) After making a finding under subsection (a), the commission
shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area in which property would be
acquired for, or otherwise affected by, the establishment of
a 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, or
redevelopment of the area, indicating any parcels of property
to be excluded from the acquisition or otherwise excluded
from the effects of the establishment of the redevelopment
project area or the amendment of the resolution or plan for
an existing area; and
(C) the parts of the area acquired, if any, that are to be
devoted to public ways, levees, sewerage, parks,
playgrounds, and other public purposes under the
redevelopment plan;
(2) lists of the owners of the various parcels of property
proposed to be acquired for, or otherwise affected by, the
establishment of an area or the amendment of the resolution or
plan for an existing area; and
(3) an estimate of the costs, if any, to be incurred for the
acquisition and redevelopment of property.
(c) This subsection applies to the initial establishment of a
redevelopment project area. After completion of the data required by
subsection (b), the redevelopment commission shall adopt a
resolution declaring that:
(1) the area needing redevelopment is a menace to the social
and economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and
redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the
redevelopment project area, and that the department of
redevelopment proposes to acquire all of the interests in the land
within the boundaries, with certain designated exceptions, if there are
any.
(d) This subsection applies to the amendment of the resolution or
plan for an existing redevelopment project area. After completion of
the data required by subsection (b), the redevelopment commission
shall adopt a resolution declaring that:
(1) except as provided by subsection (f), if the amendment
enlarges the boundaries of the area, the existing area does not
generate sufficient revenue to meet the financial obligations of
the original project;
(2) it will be of public utility and benefit to amend the
resolution or plan for the area; and
(3) any additional area to be acquired under the amendment is
designated as part of the existing redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the
redevelopment project area, including any changes made to those
boundaries by the amendment, and describe the activities that the
department of redevelopment is permitted to take under the
amendment, 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 redevelopment
project area by its location in relation to public ways or streams, or
otherwise, as determined by the commissioners. Property excepted
from the application of a resolution may be described by street
numbers or location.
(f) The redevelopment commission is not required to make the
finding and declaration described in subsections (a)(4)(C) and (d)(1)
concerning the enlargement of the boundaries of an existing
redevelopment project area if, before the adoption of the resolution
under subsection (d), the Indiana economic development corporation
issues a finding approving the enlargement of the boundaries. Before
issuing a finding under this subsection, the Indiana economic
development corporation must consider whether the 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
redevelopment project area is located; or
(4) otherwise benefit the people of Indiana by increasing
opportunities for employment in Indiana and strengthening the
economy 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 of
additional areas outside boundaries
Sec. 15.5. (a) This section applies to a county having a population
of more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
(b) In adopting a declaratory resolution under section 15 of this
chapter, a redevelopment commission may include a provision
stating that the redevelopment project area is considered to include
one (1) or more additional areas outside the boundaries of the
redevelopment project area if the redevelopment commission makes
the following findings and the requirements of subsection (c) are
met:
(1) One (1) or more taxpayers presently located within the
boundaries of the redevelopment project area are expected
within one (1) year to relocate all or part of their operations
outside the boundaries of the redevelopment project area and
have expressed an interest in relocating all or part of their
operations within the boundaries of an additional area.
(2) The relocation described in subdivision (1) will contribute
to the continuation of the conditions described in IC 36-7-1-3 in
the redevelopment project area.
(3) For purposes of this section, it will be of public utility and
benefit to include the additional areas as part of the
redevelopment project area.
(c) Each additional area must be designated by the redevelopment
commission as a redevelopment project area or an economic
development area under this chapter.
(d) Notwithstanding section 3 of this chapter, the additional areas
shall be considered to be a part of the redevelopment special taxing
district under the jurisdiction of the redevelopment commission. Any
excess property taxes that the commission has determined may be
paid to taxing units under section 39(b)(3) of this chapter shall be
paid to the taxing units from which the excess property taxes were
derived. All powers of the redevelopment commission authorized
under this chapter may be exercised by the redevelopment
commission in additional areas under its jurisdiction.
(e) The declaratory resolution must include a statement of the
general boundaries of each additional area. However, it is sufficient
to 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 with
respect to the allocation and distribution of property taxes with
respect to one (1) or more of the additional areas in the manner
provided in section 39 of this chapter. If the redevelopment
commission includes such a provision in the resolution, allocation
areas in the redevelopment project area and in the additional areas
considered to be part of the redevelopment project area shall be
considered a single allocation area for purposes of this chapter.
(g) The additional areas must be located within the same county
as the redevelopment project area but are not otherwise required to
be within the jurisdiction of the redevelopment commission, if the
redevelopment commission obtains the consent by ordinance of:
(1) the county legislative body, for each additional area located
within the unincorporated part of the county; or
(2) the legislative body of the city or town affected, for each
additional area located within a city or town.
In granting its consent, the legislative body shall approve the plan of
development or redevelopment relating to the additional area.
(h) A declaratory resolution previously adopted may be amended
to include a provision to include additional areas as set forth in this
section and an allocation provision under section 39 of this chapter
with respect to one (1) or more of the additional areas in accordance
with sections 15, 16, and 17 of this chapter.
(i) The redevelopment commission may amend the allocation
provision of a declaratory resolution in accordance with sections 15,
16, and 17 of this chapter to change the assessment date that
determines the base assessed value of property in the allocation area
to any assessment date following the effective date of the allocation
provision of the declaratory resolution. Such a change may relate to
the assessment date that determines the base assessed value of that
portion of the allocation area that is located in the redevelopment
project area alone, that portion of the allocation area that is located
in 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 redevelopment
commission of an excluded city described in section 1(b) of this
chapter. After adoption under section 15 of this chapter of a
resolution that designates a redevelopment project area or amends
the resolution or plan for an existing area, the redevelopment
commission shall submit the resolution and supporting data to the
plan commission of the unit, or if there is no plan commission, then
to the body charged with the duty of developing a general plan for
the unit, if there is such a body. The plan commission may determine
whether the resolution and the redevelopment plan conform to the
plan of development for the unit and approve or disapprove the
resolution and plan proposed. The redevelopment commission may
amend or modify the resolution and proposed plan in order to
conform them to the requirements of the plan commission. The plan
commission shall issue its written order approving or disapproving
the resolution and redevelopment plan, and may, with the consent of
the redevelopment commission, rescind or modify that order.
(b) This subsection does not apply to the redevelopment
commission of an excluded city described in section 1(b) of this
chapter. 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 or
plan for an existing redevelopment project area;
until the approving order of the plan commission is issued and
approved by the municipal legislative body or county executive.
(c) In determining the location and extent of a redevelopment
project area proposed to be acquired for redevelopment, the
redevelopment commission and the plan commission of the unit shall
give consideration to transitional and permanent provisions for
adequate housing for the residents of the area who will be displaced
by the redevelopment project.
(d) After adoption under section 15 of this chapter of a resolution
that designates a redevelopment project area or amends the
resolution or plan for an existing area, a redevelopment commission
in an excluded city that is exempt from the requirements of
subsections (a) and (b) shall submit the resolution and supporting
data to the municipal legislative body of the excluded city. The
municipal 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 the
plan commission and approval of the municipal legislative body or
county executive, the redevelopment commission shall publish notice
of the adoption and substance of the resolution in accordance with
IC 5-3-1. The notice must:
(1) state that maps and plats have been prepared and can be
inspected at the office of the department; and
(2) name a date when the commission will:
(A) receive and hear remonstrances and objections from
persons interested in or affected by the proceedings
pertaining to the proposed project or other actions to be
taken under the resolution; and
(B) determine the public utility and benefit of the proposed
project or other actions.
All persons affected in any manner by the hearing, including all
taxpayers of the special taxing district, shall be considered notified
of the pendency of the hearing and of subsequent acts, hearings,
adjournments, and orders of the commission by the notice given
under this section.
(b) A copy of the notice of the hearing on the resolution shall be
filed in the office of the unit's plan commission, board of zoning
appeals, works board, park board, and building commissioner, and
any other departments, bodies, or officers of the unit having to do
with unit planning, variances from zoning ordinances, land use, or
the issuance of building permits. These agencies and officers shall
take notice of the pendency of the hearing and, until the commission
confirms, modifies and confirms, or rescinds the resolution, or the
confirmation of the resolution is set aside on appeal, may not:
(1) authorize any construction on property or sewers in the area
described in the resolution, including substantial modifications,
rebuilding, conversion, enlargement, additions, and major
structural improvements; or
(2) take any action regarding the zoning or rezoning of property,
or the opening, closing, or improvement of streets, alleys, or
boulevards in the area described in the resolution.
This subsection does not prohibit the granting of permits for ordinary
maintenance or minor remodeling, or for changes necessary for the
continued occupancy of buildings in the area.
(c) If the resolution to be considered at the hearing includes a
provision establishing or amending an allocation provision under
section 39 of this chapter, the redevelopment commission shall file
the 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 by
the allocation area, as measured by increased employment
and anticipated growth of real property assessed values.
(B) The anticipated impact on tax revenues of each taxing
unit.
The redevelopment commission shall file the information required by
this subsection with 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) days before the date of the hearing.
(d) At the hearing, which may be adjourned from time to time, the
redevelopment commission shall hear all persons interested in the
proceedings and shall consider all written remonstrances and
objections that have been filed. After considering the evidence
presented, the commission shall take final action determining the
public utility and benefit of the proposed project or other actions to
be taken under the resolution, and confirming, modifying and
confirming, or rescinding the resolution. The final action taken by
the commission shall be recorded and is final and conclusive, except
that an appeal may be taken in the manner prescribed by section 18
of 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 this
chapter, if the resolution or plan for an existing redevelopment
project 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 hearing
under section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhood
associations.
(b) In addition to the requirements of section 17 of this chapter,
if the resolution or plan for an existing redevelopment project 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 be
acquired;
the commission must, at least ten (10) days before the public hearing
under section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhood
associations and to persons owning property that is in the proposed
enlargement of the area or that is proposed to be added to the
acquisition list. If the enlargement of an area is proposed, notice must
also be filed in accordance with section 17(b) of this chapter, and
agencies and officers may not take actions prohibited by section
17(b) of this chapter in the proposed enlarged area.
(c) The commission may require that neighborhood associations
register with the commission. The commission may adopt a rule that
requires that a neighborhood association encompass a part of the
geographic area included in or proposed to be included in a
redevelopment project area, urban renewal area, or economic
development 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 the
redevelopment commission under section 17 of this chapter and is
aggrieved by the final action taken may, within ten (10) days after
that final action, file in the office of the clerk of the circuit or
superior court a copy of the order of the commission and his
remonstrance against that order, together with his bond conditioned
to pay the costs of his appeal if the appeal is determined against him.
The only ground of remonstrance that the court may hear is whether
the proposed project will be of public utility and benefit. The burden
of proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has
been taken shall be consolidated and heard and determined within
thirty (30) days after the time of the filing of the appeal. The court
shall hear evidence on the remonstrances, and may confirm the final
action of the commission or sustain the remonstrances. The judgment
of the court is final and conclusive, unless an appeal is taken as in
other 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 is
unsuccessful, the redevelopment commission shall proceed with the
proposed project to the extent that money is available for that
purpose.
(b) The redevelopment commission shall first approve and adopt
a list of the real property and interests in real property to be acquired
and 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 the
commission except that appraisals are not required in transactions
with other governmental agencies. However, if the real property is
less than five (5) acres in size and the fair market value of the real
property or interest has been appraised by one (1) independent
appraiser at less than ten thousand dollars ($10,000), the second
appraisal may be made by a qualified employee of the department of
redevelopment. The prices indicated on the list may not be exceeded
unless specifically authorized by the commission or ordered by a
court in condemnation proceedings. The commission may except
from acquisition any real property in the area if the commission finds
that such an acquisition is not necessary under the redevelopment
plan. Appraisals made under this section are for the information of
the commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried on
directly by the redevelopment commission, by its employees, or by
expert negotiations, but no option, contract, or understanding relative
to the purchase of real property is binding on the commission until
approved and accepted by the commission in writing. The
commission may authorize the payment of a nominal fee to bind an
option and as a part of the consideration for conveyance may agree
to pay the expense incident to the conveyance and determination of
the title of the property. Payment for the property purchased shall be
made when and as directed by the commission but only on delivery
of proper instruments conveying the title or interest of the owner to
the "City (Town or County) of ______________ for the use and
benefit of its department of redevelopment".
(d) All real property and interests in real property acquired by the
redevelopment commission are free and clear of all liens,
assessments, and other governmental charges except for current
property taxes, which shall be prorated to the date of acquisition.
(e) Notwithstanding subsections (a) through (d), the
redevelopment commission may, before the time referred to in this
section, accept gifts of property needed for the redevelopment of
redevelopment project areas if the property is free and clear of all
liens other than taxes, assessments, and other governmental charges.
The commission may, before the time referred to in this section, take
options on or contract for the acquisition of property needed for the
redevelopment of redevelopment project areas if the options and
contracts are not binding on the commission or the district until the
time referred to in this section and until money is available to pay the
consideration 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 the
unit that established the department of redevelopment, if the
redevelopment commission considers it necessary to acquire real
property in a redevelopment project area by the exercise of the power
of eminent domain, the commission shall adopt a resolution setting
out its determination to exercise that power and directing its attorney
to file a petition in the name of the unit on behalf of the department
of redevelopment, in the circuit or superior court of the county in
which the property is situated.
(b) Eminent domain proceedings under this section are governed
by IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use may be acquired under this section, but property belonging to the
state or any political subdivision may not be acquired without its
consent.
(c) The court having jurisdiction shall direct the clerk of the
circuit court to execute a deed conveying the title of real property
acquired under this section to the unit for the use and benefit of its
department 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
IC 36-7-14
Chapter 14. Redevelopment of Areas Needing Redevelopment
Generally; Redevelopment Commissions
IC 36-7-14-1 Application of chapter; jurisdiction in excluded cities that elect to
be governed by this chapter
Sec. 1. (a) This chapter applies to all units except:
(1) counties having a consolidated city, and units in those
counties, except those units described in subsection (b); and
(2) townships.
(b) This chapter applies to an excluded city (as defined in
IC 36-3-1-7) that adopts an ordinance electing to be governed by this
chapter and establishes a redevelopment commission under section
3 of this chapter. Upon the adoption of an ordinance under this
subsection:
(1) an area needing redevelopment;
(2) an economic development area; or
(3) an allocation area previously established under
IC 36-7-15.1-37 through IC 36-7-15.1-58;
continues in full force and effect as if the area had been created
under this chapter.
(c) An:
(1) area needing redevelopment;
(2) economic development area; or
(3) allocation area previously established under IC 36-7-15.1-37
through IC 36-7-15.1-58;
described in subsection (b) is subject to the jurisdiction of the
redevelopment commission established under section 3 of this
chapter and is not subject to the jurisdiction of the commission (as
defined 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, or
deteriorating 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 a
blighted, deteriorated, or deteriorating area established under this
chapter shall be treated as a reference to an area needing
redevelopment (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 redevelopment
area established under this chapter shall be treated as a reference to
a redevelopment project area established under this chapter or
IC 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 fire
protection 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 by
private enterprise
Sec. 2. (a) The clearance, replanning, and redevelopment of areas
needing redevelopment under this chapter are public uses and
purposes for which public money may be spent and private property
may be acquired.
(b) Each unit shall, to the extent feasible under this chapter and
consistent with the needs of the unit as a whole, afford a maximum
opportunity for rehabilitation or redevelopment of areas by private
enterprise. 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 be
accomplished through the ordinary operations of private
enterprise because of:
(A) the necessity for requiring the proper use of the land so
as 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 the
state; and
(C) serve to protect and increase property values in the unit
and the state; and
(3) are public uses and purposes for which public money may
be spent and private property may be acquired.
(b) This section and sections 41 and 43 of this chapter shall be
liberally 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; taxing
districts
Sec. 3. (a) A unit may establish a department of redevelopment
controlled by a board of five (5) members to be known as
"__________ Redevelopment Commission", designating the name of
the municipality or county. However, in the case of a county, the
county executive may adopt an ordinance providing that the county
redevelopment commission consists of seven (7) members.
(b) Subject to section 3.5 of this chapter, all of the territory within
the corporate boundaries of a municipality constitutes a taxing
district for the purpose of levying and collecting special benefit taxes
for redevelopment purposes as provided in this chapter. Subject to
section 3.5 of this chapter, all of the territory in a county, except that
within a municipality that has a redevelopment commission,
constitutes a taxing district for a county.
(c) All of the taxable property within a taxing district is
considered to be benefited by redevelopment projects carried out
under this chapter to the extent of the special taxes levied under this
chapter. 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; property
tax proceeds; outstanding obligations; special tax
Sec. 3.5. (a) This section applies whenever:
(1) a municipality with a redevelopment district is annexing an
area in a county; or
(2) a municipality establishes a redevelopment district;
after the county in which the municipality is located has established
a redevelopment district.
(b) This subsection applies whenever:
(1) the area to be annexed or to be included in the municipality's
district includes all or part of an allocation area established by
a county redevelopment commission for purposes of section 39
of this chapter; and
(2) bonds or lease obligations are outstanding that are payable
by the county redevelopment commission in whole or in part
from property tax proceeds allocated from the allocation area
under section 39 of this chapter.
The county redevelopment commission shall continue to receive
allocations of property tax proceeds from the area annexed or
included in the municipality's district for the commission's allocation
fund as if the annexation or establishment of the district had not
occurred as long as any bonds or lease obligations payable by the
county from allocated property tax proceeds are outstanding. After
the final effectiveness of the annexation or the establishment of the
municipality's district, the county redevelopment commission may
not issue bonds or enter into leases that are payable from allocated
property tax proceeds from the part of the allocation area annexed or
included unless the legislative body of the municipality adopts an
ordinance approving the issuance and this use of allocated property
tax proceeds from that part of the allocation area.
(c) This subsection applies whenever bonds or lease obligations
are outstanding that are payable by the county redevelopment
commission in whole or in part from the special tax levied under
section 27 of this chapter. The county redevelopment commission
shall continue to levy a special tax on property in the area annexed
or included in the municipality's district as long as any bonds or lease
obligations payable by the county are outstanding. After the final
effectiveness of the annexation or the establishment of the
municipality's district, the county redevelopment commission may
not levy the special tax for new bonds or lease obligations in the
annexed or included area unless the legislative body of the
municipality 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 municipal
redevelopment 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 legislative
body.
The municipal executive shall also appoint an individual to serve as
a nonvoting adviser to the redevelopment commission beginning July
1, 2008.
(b) The commissioners for a county redevelopment commission
that has five (5) members shall be appointed as follows:
(1) The county executive shall appoint all the members whose
terms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, the
county executive shall appoint three (3) members, and the
county fiscal body shall appoint two (2) members.
The county executive shall also appoint an individual to serve as a
nonvoting adviser to the redevelopment commission beginning July
1, 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 whose
terms of office begin before January 1, 2008.
(2) For terms of office beginning after December 31, 2007, the
county executive shall appoint four (4) members, and the
county fiscal body shall appoint three (3) members.
The county executive shall also appoint an individual to serve as a
nonvoting adviser to the redevelopment commission beginning July
1, 2008.
(d) A nonvoting adviser appointed under this section:
(1) must also be a member of the school board of a school
corporation that includes all or part of the territory served by
the redevelopment commission;
(2) is not considered a member of the redevelopment
commission for purposes of this chapter but is entitled to attend
and participate in the proceedings of all meetings of the
redevelopment commission;
(3) is not entitled to a salary, per diem, or reimbursement of
expenses;
(4) serves for a term of two (2) years and until a successor is
appointed; and
(5) serves at the pleasure of the entity that appointed the
nonvoting 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 until
his successor is appointed and has qualified, except that the original
commissioners shall serve from the date of their appointment until
the first day of January in the second year after their appointment. If
a vacancy occurs, a successor shall be appointed in the same manner
as the original commissioner, and the successor shall serve for the
remainder of the vacated term.
(b) Each redevelopment commissioner, before beginning his
duties, shall take and subscribe an oath of office in the usual form,
to be endorsed on the certificate of his appointment, which shall be
promptly filed with the clerk for the unit that he serves.
(c) Each redevelopment commissioner, before beginning his
duties, shall execute a bond payable to the state, with surety to be
approved by the executive of the unit. The bond must be in the penal
sum of fifteen thousand dollars ($15,000) and must be conditioned
on the faithful performance of the duties of his office and the
accounting for all monies and property that may come into his hands
or under his control. The cost of the bond shall be paid by the special
taxing 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, he
forfeits his office.
(f) Except as provided in subsection (g), redevelopment
commissioners are not entitled to salaries but are entitled to
reimbursement for expenses necessarily incurred in the performance
of their duties.
(g) A redevelopment commissioner who does not otherwise hold
a lucrative office for the purpose of Article 2, Section 9 of the
Indiana Constitution may receive:
(1) a salary; or
(2) a per diem;
and is entitled to reimbursement for expenses necessarily incurred in
the 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 meeting
for the purpose of organization not later than thirty (30) days after
they are appointed and, after that, each year on the first day in
January that is not a Saturday, a Sunday, or a legal holiday. They
shall choose one (1) of their members as president, another as vice
president, and another as secretary. These officers shall perform the
duties usually pertaining to their offices and shall serve from the date
of their election until their successors are elected and qualified.
(b) The redevelopment commission may appoint a treasurer who
need not be a member of the redevelopment commission. The
redevelopment commission may provide for the payment of
compensation to a treasurer who is not a member of the
redevelopment commission. Notwithstanding any other provision of
this chapter, the treasurer has charge over and is responsible for the
administration, investment, and disbursement of all funds and
accounts of the redevelopment commission in accordance with the
requirements of this chapter. However, the treasurer may not perform
any duties of the fiscal officer or any other officer of the unit that are
prescribed by section 24 of this chapter or by any provisions of this
chapter that pertain to the issuance and sale of bonds, notes, or
warrants of the special taxing district.
(c) The redevelopment commissioners may adopt the rules and
bylaws they consider necessary for the proper conduct of their
proceedings, the carrying out of their duties, and the safeguarding of
the money and property placed in their custody by this chapter. In
addition to the annual meeting, the commissioners may, by resolution
or in accordance with their rules and bylaws, prescribe the date and
manner of notice of other regular or special meetings.
(d) This subsection does not apply to a county redevelopment
commission that consists of seven (7) members. Three (3) of the
redevelopment commissioners constitute a quorum, and the
concurrence of three (3) commissioners is necessary to authorize any
action.
(e) This subsection applies only to a county redevelopment
commission that consists of seven (7) members. Four (4) of the
redevelopment commissioners constitute a quorum, and the
concurrence of four (4) commissioners is necessary to authorize any
action. 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 body
that appointed a municipal redevelopment commissioner may
summarily remove that commissioner from office at any time.
(b) The county executive may summarily remove a county
redevelopment 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 in
property and transactions
Sec. 10. (a) A redevelopment commissioner or a nonvoting
adviser appointed under section 6.1 of this chapter may not have a
pecuniary interest in any contract, employment, purchase, or sale
made under this chapter. However, any property required for
redevelopment purposes in which a commissioner or nonvoting
adviser has a pecuniary interest may be acquired, but only by gift or
condemnation.
(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 redevelopment
within 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 the
interests 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 this
section, and keep those reports open to inspection by the public
at the offices of the department;
(6) select and acquire the areas needing redevelopment to be
redeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment in
the manner that best serves the social and economic interests of
the 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 the
following:
(1) Acquire by purchase, exchange, gift, grant, condemnation,
or lease, or any combination of methods, any personal property
or interest in real property needed for the redevelopment of
areas needing redevelopment that are located within the
corporate boundaries of the unit.
(2) Hold, use, sell (by conveyance by deed, land sale contract,
or other instrument), exchange, lease, rent, or otherwise dispose
of property acquired for use in the redevelopment of areas
needing redevelopment on the terms and conditions that the
commission considers best for the unit and its inhabitants.
(3) Sell, lease, or grant interests in all or part of the real
property acquired for redevelopment purposes to any other
department of the unit or to any other governmental agency for
public ways, levees, sewerage, parks, playgrounds, schools, and
other 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 real
property and structures acquired or to be acquired for
redevelopment 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 the
following, 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 for redevelopment
purposes.
(8) Remodel, rebuild, enlarge, or make major structural
improvements on structures acquired for redevelopment
purposes.
(9) Survey or examine any land to determine whether it should
be included within an area needing redevelopment to be
acquired for redevelopment purposes and to determine the value
of that land.
(10) Appear before any other department or agency of the unit,
or before any other governmental agency in respect to any
matter affecting:
(A) real property acquired or being acquired for
redevelopment purposes; or
(B) any area needing redevelopment within the jurisdiction
of 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 or
considered proper to protect and enforce the rights of and
perform the duties of the department of redevelopment.
(13) Exercise the power of eminent domain in the name of and
within the corporate boundaries of the unit in the manner
prescribed by section 20 of this chapter.
(14) Appoint an executive director, appraisers, real estate
experts, engineers, architects, surveyors, and attorneys.
(15) Appoint clerks, guards, laborers, and other employees the
commission considers advisable, except that those appointments
must be made in accordance with the merit system of the unit if
such a system exists.
(16) Prescribe the duties and regulate the compensation of
employees of the department of redevelopment.
(17) Provide a pension and retirement system for employees of
the department of redevelopment by using the Indiana public
employees' retirement fund or a retirement plan approved by the
United States Department of Housing and Urban Development.
(18) Discharge and appoint successors to employees of the
department 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 with
the necessary furniture, furnishings, equipment, records, and
supplies.
(21) Expend, on behalf of the special taxing district, all or any
part 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 areas
needing redevelopment or economic development within the
corporate boundaries of the unit; or
(B) any structure that enhances development or economic
development.
(23) Contract for the construction, extension, or improvement
of pedestrian skyways.
(24) Accept loans, grants, and other forms of financial
assistance 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) to
enable individuals and families to purchase or lease residential
units within the district. However, financial assistance may be
provided only to individuals and families whose income is at or
below the unit's median income for individuals and families,
respectively.
(26) Provide financial assistance (including grants and loans) to
neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described
in subdivision (25); or
(B) construct, rehabilitate, or repair commercial property
within the district.
(27) Require as a condition of financial assistance to the owner
of a multiple unit residential structure that any of the units
leased by the owner must be leased:
(A) for a period to be determined by the commission, which
may 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 under
subsection (a)(27)(A), even if the owner sells, leases, or conveys the
property. The subsequent owner or lessee is bound by the conditions
for the remainder of the period.
(c) As used in this section, "pedestrian skyway" means a
pedestrian walkway within or outside of the public right-of-way and
through and above public or private property and buildings, including
all structural supports required to connect skyways to buildings or
buildings under construction. Pedestrian skyways constructed,
extended, or improved over or through public or private property
constitute public property and public improvements, constitute a
public use and purpose, and do not require vacation of any public
way or other property.
(d) All powers that may be exercised under this chapter by the
redevelopment commission may also be exercised by the
redevelopment commission in carrying out its duties and purposes
under 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 redevelopment
commission to perform construction work referred to in section
12.2(a)(4), 12.2(a)(7), 12.2(a)(22), or 12.2(a)(23) of this
chapter; 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 each
calendar year, the redevelopment commissioners shall file with the
unit's executive a report setting out their activities during the
preceding calendar year.
(b) The report of the commissioners of a municipal redevelopment
commission must show the names of the then qualified and acting
commissioners, the names of the officers of that body, the number of
regular employees and their fixed salaries or compensation, the
amount of the expenditures made during the preceding year and their
general purpose, the amount of funds on hand at the close of the
calendar year, and other information necessary to disclose the
activities of the commissioners and the results obtained.
(c) The report of the commissioners of a county redevelopment
commission must show all the information required by subsection
(b), plus the names of any commissioners appointed to or removed
from 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 county
to have any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of the city.
(b) A city may contract with the county in which it is located to
have any of the duties and powers listed in sections 11 and 12.2 of
this chapter performed by the redevelopment commission of the
county.
(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 public
instrumentality or public corporate body.
(d) A contract made under this section must be for a stated and
limited period and may be renewed.
(e) Whenever a city official acts under a contract made under this
section, or whenever permits or other writings are used under such
a contract, the action or use must be in the name of the county
redevelopment 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; declaratory
resolution; 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 area
needing redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected
in the area by regulatory processes or the ordinary operations of
private 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 this
chapter as a redevelopment project area; or
(B) the amendment of the resolution or plan, or both, for an
existing redevelopment project area; and
(4) in the case of an amendment to the resolution or plan for an
existing redevelopment project area:
(A) the amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and
the 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 amendment
enlarges the boundaries of the area, the existing area does
not generate sufficient revenue to meet the financial
obligations of the original project;
the commission shall cause to be prepared the data described in
subsection (b).
(b) After making a finding under subsection (a), the commission
shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area in which property would be
acquired for, or otherwise affected by, the establishment of
a 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, or
redevelopment of the area, indicating any parcels of property
to be excluded from the acquisition or otherwise excluded
from the effects of the establishment of the redevelopment
project area or the amendment of the resolution or plan for
an existing area; and
(C) the parts of the area acquired, if any, that are to be
devoted to public ways, levees, sewerage, parks,
playgrounds, and other public purposes under the
redevelopment plan;
(2) lists of the owners of the various parcels of property
proposed to be acquired for, or otherwise affected by, the
establishment of an area or the amendment of the resolution or
plan for an existing area; and
(3) an estimate of the costs, if any, to be incurred for the
acquisition and redevelopment of property.
(c) This subsection applies to the initial establishment of a
redevelopment project area. After completion of the data required by
subsection (b), the redevelopment commission shall adopt a
resolution declaring that:
(1) the area needing redevelopment is a menace to the social
and economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and
redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the
redevelopment project area, and that the department of
redevelopment proposes to acquire all of the interests in the land
within the boundaries, with certain designated exceptions, if there are
any.
(d) This subsection applies to the amendment of the resolution or
plan for an existing redevelopment project area. After completion of
the data required by subsection (b), the redevelopment commission
shall adopt a resolution declaring that:
(1) except as provided by subsection (f), if the amendment
enlarges the boundaries of the area, the existing area does not
generate sufficient revenue to meet the financial obligations of
the original project;
(2) it will be of public utility and benefit to amend the
resolution or plan for the area; and
(3) any additional area to be acquired under the amendment is
designated as part of the existing redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the
redevelopment project area, including any changes made to those
boundaries by the amendment, and describe the activities that the
department of redevelopment is permitted to take under the
amendment, 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 redevelopment
project area by its location in relation to public ways or streams, or
otherwise, as determined by the commissioners. Property excepted
from the application of a resolution may be described by street
numbers or location.
(f) The redevelopment commission is not required to make the
finding and declaration described in subsections (a)(4)(C) and (d)(1)
concerning the enlargement of the boundaries of an existing
redevelopment project area if, before the adoption of the resolution
under subsection (d), the Indiana economic development corporation
issues a finding approving the enlargement of the boundaries. Before
issuing a finding under this subsection, the Indiana economic
development corporation must consider whether the 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
redevelopment project area is located; or
(4) otherwise benefit the people of Indiana by increasing
opportunities for employment in Indiana and strengthening the
economy 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 of
additional areas outside boundaries
Sec. 15.5. (a) This section applies to a county having a population
of more than two hundred thousand (200,000) but less than three
hundred thousand (300,000).
(b) In adopting a declaratory resolution under section 15 of this
chapter, a redevelopment commission may include a provision
stating that the redevelopment project area is considered to include
one (1) or more additional areas outside the boundaries of the
redevelopment project area if the redevelopment commission makes
the following findings and the requirements of subsection (c) are
met:
(1) One (1) or more taxpayers presently located within the
boundaries of the redevelopment project area are expected
within one (1) year to relocate all or part of their operations
outside the boundaries of the redevelopment project area and
have expressed an interest in relocating all or part of their
operations within the boundaries of an additional area.
(2) The relocation described in subdivision (1) will contribute
to the continuation of the conditions described in IC 36-7-1-3 in
the redevelopment project area.
(3) For purposes of this section, it will be of public utility and
benefit to include the additional areas as part of the
redevelopment project area.
(c) Each additional area must be designated by the redevelopment
commission as a redevelopment project area or an economic
development area under this chapter.
(d) Notwithstanding section 3 of this chapter, the additional areas
shall be considered to be a part of the redevelopment special taxing
district under the jurisdiction of the redevelopment commission. Any
excess property taxes that the commission has determined may be
paid to taxing units under section 39(b)(3) of this chapter shall be
paid to the taxing units from which the excess property taxes were
derived. All powers of the redevelopment commission authorized
under this chapter may be exercised by the redevelopment
commission in additional areas under its jurisdiction.
(e) The declaratory resolution must include a statement of the
general boundaries of each additional area. However, it is sufficient
to 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 with
respect to the allocation and distribution of property taxes with
respect to one (1) or more of the additional areas in the manner
provided in section 39 of this chapter. If the redevelopment
commission includes such a provision in the resolution, allocation
areas in the redevelopment project area and in the additional areas
considered to be part of the redevelopment project area shall be
considered a single allocation area for purposes of this chapter.
(g) The additional areas must be located within the same county
as the redevelopment project area but are not otherwise required to
be within the jurisdiction of the redevelopment commission, if the
redevelopment commission obtains the consent by ordinance of:
(1) the county legislative body, for each additional area located
within the unincorporated part of the county; or
(2) the legislative body of the city or town affected, for each
additional area located within a city or town.
In granting its consent, the legislative body shall approve the plan of
development or redevelopment relating to the additional area.
(h) A declaratory resolution previously adopted may be amended
to include a provision to include additional areas as set forth in this
section and an allocation provision under section 39 of this chapter
with respect to one (1) or more of the additional areas in accordance
with sections 15, 16, and 17 of this chapter.
(i) The redevelopment commission may amend the allocation
provision of a declaratory resolution in accordance with sections 15,
16, and 17 of this chapter to change the assessment date that
determines the base assessed value of property in the allocation area
to any assessment date following the effective date of the allocation
provision of the declaratory resolution. Such a change may relate to
the assessment date that determines the base assessed value of that
portion of the allocation area that is located in the redevelopment
project area alone, that portion of the allocation area that is located
in 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 redevelopment
commission of an excluded city described in section 1(b) of this
chapter. After adoption under section 15 of this chapter of a
resolution that designates a redevelopment project area or amends
the resolution or plan for an existing area, the redevelopment
commission shall submit the resolution and supporting data to the
plan commission of the unit, or if there is no plan commission, then
to the body charged with the duty of developing a general plan for
the unit, if there is such a body. The plan commission may determine
whether the resolution and the redevelopment plan conform to the
plan of development for the unit and approve or disapprove the
resolution and plan proposed. The redevelopment commission may
amend or modify the resolution and proposed plan in order to
conform them to the requirements of the plan commission. The plan
commission shall issue its written order approving or disapproving
the resolution and redevelopment plan, and may, with the consent of
the redevelopment commission, rescind or modify that order.
(b) This subsection does not apply to the redevelopment
commission of an excluded city described in section 1(b) of this
chapter. 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 or
plan for an existing redevelopment project area;
until the approving order of the plan commission is issued and
approved by the municipal legislative body or county executive.
(c) In determining the location and extent of a redevelopment
project area proposed to be acquired for redevelopment, the
redevelopment commission and the plan commission of the unit shall
give consideration to transitional and permanent provisions for
adequate housing for the residents of the area who will be displaced
by the redevelopment project.
(d) After adoption under section 15 of this chapter of a resolution
that designates a redevelopment project area or amends the
resolution or plan for an existing area, a redevelopment commission
in an excluded city that is exempt from the requirements of
subsections (a) and (b) shall submit the resolution and supporting
data to the municipal legislative body of the excluded city. The
municipal 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 the
plan commission and approval of the municipal legislative body or
county executive, the redevelopment commission shall publish notice
of the adoption and substance of the resolution in accordance with
IC 5-3-1. The notice must:
(1) state that maps and plats have been prepared and can be
inspected at the office of the department; and
(2) name a date when the commission will:
(A) receive and hear remonstrances and objections from
persons interested in or affected by the proceedings
pertaining to the proposed project or other actions to be
taken under the resolution; and
(B) determine the public utility and benefit of the proposed
project or other actions.
All persons affected in any manner by the hearing, including all
taxpayers of the special taxing district, shall be considered notified
of the pendency of the hearing and of subsequent acts, hearings,
adjournments, and orders of the commission by the notice given
under this section.
(b) A copy of the notice of the hearing on the resolution shall be
filed in the office of the unit's plan commission, board of zoning
appeals, works board, park board, and building commissioner, and
any other departments, bodies, or officers of the unit having to do
with unit planning, variances from zoning ordinances, land use, or
the issuance of building permits. These agencies and officers shall
take notice of the pendency of the hearing and, until the commission
confirms, modifies and confirms, or rescinds the resolution, or the
confirmation of the resolution is set aside on appeal, may not:
(1) authorize any construction on property or sewers in the area
described in the resolution, including substantial modifications,
rebuilding, conversion, enlargement, additions, and major
structural improvements; or
(2) take any action regarding the zoning or rezoning of property,
or the opening, closing, or improvement of streets, alleys, or
boulevards in the area described in the resolution.
This subsection does not prohibit the granting of permits for ordinary
maintenance or minor remodeling, or for changes necessary for the
continued occupancy of buildings in the area.
(c) If the resolution to be considered at the hearing includes a
provision establishing or amending an allocation provision under
section 39 of this chapter, the redevelopment commission shall file
the 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 by
the allocation area, as measured by increased employment
and anticipated growth of real property assessed values.
(B) The anticipated impact on tax revenues of each taxing
unit.
The redevelopment commission shall file the information required by
this subsection with 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) days before the date of the hearing.
(d) At the hearing, which may be adjourned from time to time, the
redevelopment commission shall hear all persons interested in the
proceedings and shall consider all written remonstrances and
objections that have been filed. After considering the evidence
presented, the commission shall take final action determining the
public utility and benefit of the proposed project or other actions to
be taken under the resolution, and confirming, modifying and
confirming, or rescinding the resolution. The final action taken by
the commission shall be recorded and is final and conclusive, except
that an appeal may be taken in the manner prescribed by section 18
of 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 this
chapter, if the resolution or plan for an existing redevelopment
project 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 hearing
under section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhood
associations.
(b) In addition to the requirements of section 17 of this chapter,
if the resolution or plan for an existing redevelopment project 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 be
acquired;
the commission must, at least ten (10) days before the public hearing
under section 17 of this chapter, send the notice required by section
17 of this chapter by first class mail to affected neighborhood
associations and to persons owning property that is in the proposed
enlargement of the area or that is proposed to be added to the
acquisition list. If the enlargement of an area is proposed, notice must
also be filed in accordance with section 17(b) of this chapter, and
agencies and officers may not take actions prohibited by section
17(b) of this chapter in the proposed enlarged area.
(c) The commission may require that neighborhood associations
register with the commission. The commission may adopt a rule that
requires that a neighborhood association encompass a part of the
geographic area included in or proposed to be included in a
redevelopment project area, urban renewal area, or economic
development 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 the
redevelopment commission under section 17 of this chapter and is
aggrieved by the final action taken may, within ten (10) days after
that final action, file in the office of the clerk of the circuit or
superior court a copy of the order of the commission and his
remonstrance against that order, together with his bond conditioned
to pay the costs of his appeal if the appeal is determined against him.
The only ground of remonstrance that the court may hear is whether
the proposed project will be of public utility and benefit. The burden
of proof is on the remonstrator.
(b) An appeal under this section shall be promptly heard by the
court without a jury. All remonstrances upon which an appeal has
been taken shall be consolidated and heard and determined within
thirty (30) days after the time of the filing of the appeal. The court
shall hear evidence on the remonstrances, and may confirm the final
action of the commission or sustain the remonstrances. The judgment
of the court is final and conclusive, unless an appeal is taken as in
other 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 is
unsuccessful, the redevelopment commission shall proceed with the
proposed project to the extent that money is available for that
purpose.
(b) The redevelopment commission shall first approve and adopt
a list of the real property and interests in real property to be acquired
and 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 the
commission except that appraisals are not required in transactions
with other governmental agencies. However, if the real property is
less than five (5) acres in size and the fair market value of the real
property or interest has been appraised by one (1) independent
appraiser at less than ten thousand dollars ($10,000), the second
appraisal may be made by a qualified employee of the department of
redevelopment. The prices indicated on the list may not be exceeded
unless specifically authorized by the commission or ordered by a
court in condemnation proceedings. The commission may except
from acquisition any real property in the area if the commission finds
that such an acquisition is not necessary under the redevelopment
plan. Appraisals made under this section are for the information of
the commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried on
directly by the redevelopment commission, by its employees, or by
expert negotiations, but no option, contract, or understanding relative
to the purchase of real property is binding on the commission until
approved and accepted by the commission in writing. The
commission may authorize the payment of a nominal fee to bind an
option and as a part of the consideration for conveyance may agree
to pay the expense incident to the conveyance and determination of
the title of the property. Payment for the property purchased shall be
made when and as directed by the commission but only on delivery
of proper instruments conveying the title or interest of the owner to
the "City (Town or County) of ______________ for the use and
benefit of its department of redevelopment".
(d) All real property and interests in real property acquired by the
redevelopment commission are free and clear of all liens,
assessments, and other governmental charges except for current
property taxes, which shall be prorated to the date of acquisition.
(e) Notwithstanding subsections (a) through (d), the
redevelopment commission may, before the time referred to in this
section, accept gifts of property needed for the redevelopment of
redevelopment project areas if the property is free and clear of all
liens other than taxes, assessments, and other governmental charges.
The commission may, before the time referred to in this section, take
options on or contract for the acquisition of property needed for the
redevelopment of redevelopment project areas if the options and
contracts are not binding on the commission or the district until the
time referred to in this section and until money is available to pay the
consideration 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 the
unit that established the department of redevelopment, if the
redevelopment commission considers it necessary to acquire real
property in a redevelopment project area by the exercise of the power
of eminent domain, the commission shall adopt a resolution setting
out its determination to exercise that power and directing its attorney
to file a petition in the name of the unit on behalf of the department
of redevelopment, in the circuit or superior court of the county in
which the property is situated.
(b) Eminent domain proceedings under this section are governed
by IC 32-24 and other applicable statutory provisions for the exercise
of the power of eminent domain. Property already devoted to a public
use may be acquired under this section, but property belonging to the
state or any political subdivision may not be acquired without its
consent.
(c) The court having jurisdiction shall direct the clerk of the
circuit court to execute a deed conveying the title of real property
acquired under this section to the unit for the use and benefit of its
department 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
