Ind. Code § 36-7-4-902 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-902
Board of zoning appeals; members; number; appointment
Status: in_force

Sec. 902. (a) ADVISORY. Each division of the advisory board of zoning appeals consists of five (5) members as follows:

(1) Three (3) citizen members appointed by the executive of the municipality or county, of whom one (1) must be a member of the plan commission and two (2) must not be members of the plan commission.

(2) One (1) citizen member appointed by the fiscal body of the municipality or county, who must not be a member of the plan commission.

(3) One (1) member appointed by the plan commission from the plan commission's membership, who must be a county agricultural agent or a citizen member of the plan commission other than the member appointed under subdivision (1).

(b) ADVISORY. In each county having a metropolitan plan commission, subsection (a) does not apply. In such a county, each division of the advisory board of zoning appeals consists of five (5) members as follows:

(1) Two (2) members, of whom no more than one (1) may be of the same political party, appointed by the county legislative body.

(2) Three (3) members, of whom no more than two (2) may be of the same political party, appointed by the second class city executive. One (1) only of these members must be a member of the plan commission.

(c) AREA. When the area board of zoning appeals was established before January 1, 1984, as a seven (7) member board, the board consists of seven (7) members as follows:

(1) Two (2) citizen members appointed by the area plan commission from its membership, one (1) of whom must be a municipal representative and the other must be a county representative.

(2) Three (3) citizen members, who may not be members of any plan commission, appointed by the executive of the largest municipality in the county. However, if there are two (2) or more municipalities having a population of at least twenty thousand (20,000) in the county, the executive of the largest municipality shall appoint two (2) citizen members and the executive of the second largest municipality shall appoint one (1) citizen member. Furthermore, if there are no cities in the county participating in the commission, then the three (3) members appointed under this subdivision shall be appointed as follows:

(A) One (1) member appointed by the county executive.

(B) One (1) member appointed by the county fiscal body.

(C) One (1) member appointed by the legislative bodies of those towns participating in the commission.

(3) Two (2) citizen members, who may not be members of any plan commission, appointed by the county legislative body.

(d) AREA. Except as provided in subsection (c), each division of the area board of zoning appeals consists of five (5) members as follows:

(1) One (1) citizen member appointed by the area plan commission from its membership.

(2) One (1) citizen member, who may not be a member of any plan commission, appointed by the executive of the largest municipality in the county participating in the commission.

(3) Two (2) citizen members, of whom one (1) must be a member of the area plan commission and one (1) must not be a member of any plan commission, appointed by the county legislative body.

(4) One (1) citizen member, who may not be a member of any plan commission, appointed by the executive of the second largest municipality in the county participating in the commission. However, if there is only one (1) municipality in the county participating in the commission, then the county legislative body shall make this appointment.

(e) METRO. Each division of the metropolitan board of zoning appeals consists of five (5) members as follows:

(1) Two (2) citizen members appointed by the executive of the consolidated city.

(2) Two (2) citizen members appointed by the legislative body of the consolidated city.

(3) One (1) citizen member, who may also be a member of the metropolitan development commission, appointed by the commission.

Not more than two (2) members appointed to each division of the board of zoning appeals may be residents of the same township. All townships must be represented across all the divisions of the board of zoning appeals. The appointing authority shall consult with the township executive before appointing a member to represent that township on the board.

(f) METRO. The municipal board of zoning appeals for an excluded city consists of five (5) members as follows:

(1) The following members for an excluded city that has a mayor:

(A) Three (3) citizen members appointed by the legislative body of the excluded city.

(B) Two (2) citizen members appointed by the mayor of the excluded city.

(2) This subdivision applies to an excluded city that does not have a mayor. Five (5) citizen members appointed by the legislative body of the excluded city.

(g) Whenever the zoning ordinance provides for a certain division of the board of zoning appeals to have limited territorial jurisdiction, it must also provide for that division to consist of members who are all residents of that limited territory. Those members shall be appointed in the same manner that is prescribed by subsection (a) for divisions of an advisory board of zoning appeals, but if the plan commission is unable to make its appointment in that manner, the appointment shall be made instead by the legislative body.

[Pre-Local Government Recodification Citations: 18-7-2-59 part; 18-7-2-60 part; 18-7-2-61 part; 18-7-3-11(1) part; 18-7-3-11(2) part; 18-7-4-902; 18-7-4-66; 18-7-4-67; 18-7-5-69 part; 18-7-5-70 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.357-1983, SEC.2; P.L.320-1995, SEC.12; P.L.161-2021, SEC.6.
Ind. Code § 36-8-16.7-7 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-7
"Communications service"
Status: in_force

Sec. 7. (a) As used in this chapter, "communications service" means any service that:

(1) uses telephone numbers or IP addresses or their functional equivalents or successors;

(2) allows access to, or a connection or interface with, a 911 system through the activation or enabling of a device, transmission medium, or technology that is used by a customer to dial, initialize, or otherwise activate the 911 system, regardless of the particular device, transmission medium, or technology employed;

(3) provides or enables real time or interactive communications, other than machine to machine communications; and

(4) is available to a prepaid user or a standard user.

(b) The term includes the following:

(1) Internet protocol enabled services and applications that are provided through wireline, cable, wireless, or satellite facilities, or any other facility or platform that is capable of establishing or connecting a 911 communication from the public to be relayed to a PSAP.

(2) A multiline telephone system.

(3) CMRS.

(4) Interconnected VOIP service and voice over power lines.

(5) Integrated telecommunications service (as defined in 47 CFR 400.2).

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.17.
Ind. Code § 36-7-31-18 — Indiana Code / Title 36 / Article 7 / Chapter 31 / Section 36-7-31-18
Distribution of taxes from funds
Status: in_force

Sec. 18. On or before the twentieth day of each month, all amounts held in the professional sports development area fund and in the sports and convention facilities operating fund for the county are appropriated for and shall be distributed to the capital improvement board.

As added by P.L.255-1997(ss), SEC.19. Amended by P.L.182-2009(ss), SEC.417.
Ind. Code § 36-8-29.1-3 — Indiana Code / Title 36 / Article 8 / Chapter 29.1 / Section 36-8-29.1-3
"Law enforcement agency"
Status: in_force

Sec. 3. As used in this chapter, "law enforcement agency" has the meaning set forth in IC 35-31.5-2-183.

As added by P.L.137-2026, SEC.1.
Ind. Code § 36-6-8-9 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-9
Assessor; mileage allowance
Status: in_force

Sec. 9. If necessary in the performance of their duties:

(1) township assessors; or

(2) deputies and employees engaged in field work and authorized by the township assessor;

may use their own conveyances and are entitled to receive a mileage allowance equal to the sum per mile paid to state officers and employees. Only one (1) mileage may be allowed for each assessing team.

[Pre-Local Government Recodification Citation: 17-4-27.7-7.]

As added by Acts 1980, P.L.212, SEC.5.
Ind. Code § 36-8-5-2 — Indiana Code / Title 36 / Article 8 / Chapter 5 / Section 36-8-5-2
Leaves of absence; authorization; duration; renewal; compensation
Status: in_force

Sec. 2. (a) The police chief or fire chief may be granted a leave of absence by the authority who appointed the police chief or fire chief. This appointing authority may also grant a leave of absence to any other full-time, fully paid police officer or firefighter.

(b) A leave of absence under subsection (a) shall be granted for service in the Indiana general assembly. A leave of absence under subsection (a) may also be granted for service in any other elected office or for one (1) of the following reasons:

(1) Sickness.

(2) Disability.

(3) Sabbatical purposes.

However, a leave of absence because of disability may not be granted to a member of the 1977 fund under this subsection unless a leave granted under subsection (g) has expired without disability benefits having been paid from the 1977 fund. In the case of such an expiration, a leave for purposes of disability may be granted under this subsection but only until the member's eligibility for disability benefits is finally determined.

(c) Before a leave of absence may be granted for sabbatical purposes, the member must submit a written request explaining and justifying the leave to the appointing authority. Sabbatical purposes must be related to the improvement of the member's professional performance and skills, such as education, special training, work related experience, and exchange programs.

(d) This subsection applies to leaves of absence granted under subsection (b)(1), (b)(2), or (b)(3). A leave of absence may extend for a period of not more than one (1) year, determined by the appointing authority, and may be renewed upon written request of the member.

(e) This subsection applies to leaves of absence granted for service in an elected office. A police officer or firefighter who serves in the general assembly shall be granted a leave for the time spent in this service, including the time spent for committee or legislative council meetings. Except as provided in IC 3-5-9, a police officer or firefighter who serves in any other elected office may be granted a leave for the time spent in this service. Leave for service in an elected office does not diminish a police officer's or firefighter's rights under the police officer's or firefighter's retirement or pension fund, except as provided in section 10 of this chapter, or advancement on the police officer's or firefighter's department salary schedule. For these purposes, the police officer or firefighter is, despite the leave, considered to be a member of the department during that time.

(f) This subsection applies to leaves of absence granted under subsection (b)(1), (b)(2), or (b)(3). A member on leave may receive compensation in an amount determined by the appointing authority, up to a maximum amount that equals the member's salary before the leave began.

(g) This subsection applies only to members of the 1977 fund. The local board may grant a leave of absence for purposes of disability to full-time, fully paid police officers or firefighters (including the police chief or fire chief). The leave is subject to the following conditions:

(1) The police chief or fire chief must make a written determination that there is no suitable and available work on the appropriate department for which the fund member is or may be capable of becoming qualified.

(2) The leave must be approved by the local board after a hearing conducted under IC 36-8-8-12.7.

(3) The leave may not begin until the police officer or firefighter has exhausted all paid leave for sickness.

(4) The leave shall continue until disability benefits are paid from the 1977 fund. However, the leave may not continue for more than six (6) months.

(5) During the leave, the police officer or firefighter is entitled to receive compensation in an amount equal to fifty percent (50%) of the salary of a first class patrolman or first class firefighter on the date the leave begins.

Payments of compensation under this subsection may not be made from the 1925 fund, the 1937 fund, the 1953 fund, or the 1977 fund.

(h) Determinations under subsection (g) are not reviewable by the board of trustees of the Indiana public retirement system.

(i) This subsection applies to leaves of absence granted under subsection (a) or (b). An appointing authority shall establish a policy in writing that specifies whether a police officer or firefighter is entitled, during a leave of absence, to participate in any promotional process or earn seniority. A policy established under this subsection is subject to a department's existing disciplinary procedures. An appointing authority shall reinstate a police officer or firefighter returning from a leave at the merit or permanent rank determined under the policy established under this subsection. However, except as otherwise provided by federal law, an appointing authority is not required to reinstate a police officer or firefighter in the job that the police officer or firefighter held at the time the police officer's or firefighter's leave began.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-6.5-1 part; 19-1-6.5-2; subsection (b) formerly 19-1-6.5-3 part; subsection (c) formerly 19-1-6.5-3 part; 19-1-6.5-4; subsection (d) formerly 19-1-6.5-5 part.]

As added by Acts 1981, P.L.309, SEC.54. Amended by P.L.362-1983, SEC.1; P.L.311-1989, SEC.1; P.L.130-2008, SEC.2; P.L.35-2012, SEC.109; P.L.135-2012, SEC.11.
Ind. Code § 36-9-11-13 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-13
Leases; procedure; approval by legislative body
Status: in_force

Sec. 13. (a) A rental or lease contract under this section is effective only if it is approved by ordinance or resolution of the municipal legislative body.

(b) The municipal works board may lease or rent to others for operation any parking facility or property acquired for parking purposes, after first adopting a resolution setting out its intention to do so. The resolution must specify the term of the lease, permissible parking charges, manner of operation, and other requirements having a bearing on the value of the proposed lease.

(c) A lease under this section may also require the lessee to:

(1) clear, grade, and pave land;

(2) erect and equip structures; and

(3) remodel, extend, repair, and improve structures;

for parking purposes. Work to be performed by the lessee under this section must be described in the resolution under subsection (b).

(d) Notice of the resolution must be given by publication in accordance with IC 5-3-1. The notice must set forth:

(1) the time and place at which offers will be received and considered;

(2) the location, size, and capacity of the real property;

(3) a description of any work to be performed by the lessee under subsection (c);

(4) the specifications adopted governing the leasing; and

(5) the other information required to secure free and open competition in the offers.

(e) The lease shall be awarded to the bidder offering the most advantageous terms in the judgment of the works board, giving due consideration to the experience and financial responsibility of the bidder. The works board may reject any offers.

[Pre-Local Government Recodification Citations: 19-5-11-7 part; 19-5-13-9 part.]

As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.45, SEC.44.
Ind. Code § 36-8-3-4 — Indiana Code / Title 36 / Article 8 / Chapter 3 / Section 36-8-3-4
Police officers and firefighters; discipline, demotion, and dismissal; hearings; appeals; administrative leave
Status: in_force

Sec. 4. (a) This section also applies to all:

(1) towns and townships that have full-time, paid police or fire departments;

(2) fire departments of fire protection districts established under IC 36-8-11 and fire protection territories established under IC 36-8-19 that have full-time fire departments; and

(3) conservancy districts that have a full-time, paid conservancy district marshal or deputy conservancy district marshal under IC 14-33-25.

For purposes of this section, the appropriate appointing authority of a town, township, fire department of a fire protection territory or fire protection district, or conservancy district is considered the safety board of a town, township, fire department of a fire protection territory or fire protection district, or conservancy district. In a town with a board of metropolitan police commissioners, that board is considered the safety board of the town for police department purposes.

(b) Except as provided in subsection (m), a member of the police or fire department holds office or grade until the member is dismissed or demoted by the safety board. Except as provided in subsection (n), a member may be disciplined by demotion, dismissal, reprimand, forfeiture, or suspension upon either:

(1) conviction in any court of any crime; or

(2) a finding and decision of the safety board that the member has been or is guilty of any one (1) or more of the following:

(A) Neglect of duty.

(B) A violation of rules.

(C) Neglect or disobedience of orders.

(D) Incapacity.

(E) Absence without leave.

(F) Immoral conduct.

(G) Conduct injurious to the public peace or welfare.

(H) Conduct unbecoming an officer.

(I) Another breach of discipline.

The safety board may not consider the political affiliation of the member in making a decision under this section. If a member is suspended or placed on administrative leave under this subsection, the member is entitled to the member's allowances for insurance benefits to which the member was entitled before being suspended or placed on administrative leave. In addition, the local unit may provide the member's allowances for any other fringe benefits to which the member was entitled before being suspended or placed on administrative leave.

(c) Before a member of a police or fire department may be suspended in excess of five (5) days without pay, demoted, or dismissed, the safety board shall offer the member an opportunity for a hearing. If a member desires a hearing, the member must request the hearing not more than five (5) days after the notice of the suspension, demotion, or dismissal. Written notice shall be given either by service upon the member in person or by a copy left at the member's last and usual place of residence at least fourteen (14) days before the date set for the hearing. The hearing conducted under this subsection shall be held not more than thirty (30) days after the hearing is requested by the member, unless a later date is mutually agreed upon by the parties. The notice must state:

(1) the time and place of the hearing;

(2) the charges against the member;

(3) the specific conduct that comprises the charges;

(4) that the member is entitled to be represented by counsel;

(5) that the member is entitled to call and cross-examine witnesses;

(6) that the member is entitled to require the production of evidence; and

(7) that the member is entitled to have subpoenas issued, served, and executed in the county where the unit is located.

If the corporation counsel or city attorney is a member of the safety board of a city, the counsel or attorney may not participate as a safety board member in a disciplinary hearing concerning a member of either department. The safety board shall determine if a member of the police or fire department who is suspended in excess of five (5) days shall continue to receive the member's salary during the suspension.

(d) Upon an investigation into the conduct of a member of the police or fire department, or upon the trial of a charge preferred against a member of either department, the safety board may compel the attendance of witnesses, examine them under oath, and require the production of books, papers, and other evidence at a meeting of the board. For this purpose, the board may issue subpoenas and have them served and executed in any part of the county where the unit is located. If a witness refuses to testify or to produce books or papers in the witness's possession or under the witness's control, IC 36-4-6-21 controls to the extent applicable. The proper court may compel compliance with the order by attachment, commitment, or other punishment.

(e) The reasons for the suspension, demotion, or dismissal of a member of the police or fire department shall be entered as specific findings of fact upon the records of the safety board. A member who is suspended for a period exceeding five (5) days, demoted, or dismissed may appeal the decision to the circuit or superior court of the county in which the unit is located. However, a member may not appeal any other decision.

(f) An appeal under subsection (e) must be taken by filing in court, within thirty (30) days after the date the decision is rendered, a verified complaint stating in concise manner the general nature of the charges against the member, the decision of the safety board, and a demand for the relief asserted by the member. A bond must also be filed that guarantees the appeal will be prosecuted to a final determination and that the plaintiff will pay all costs adjudged against the plaintiff. The bond must be approved as bonds for costs are approved in other cases. The unit must be named as the sole defendant, and the plaintiff shall have a summons issued as in other cases against the unit. Neither the safety board nor the members of it may be made parties defendant to the complaint, but all are bound by service upon the unit and the judgment rendered by the court.

(g) In an appeal under subsection (e), no pleading is required by the unit to the complaint, but the allegations are considered denied. The unit may file a motion to dismiss the appeal for failure to perfect it within the time and in the manner required by this section. If more than one (1) person was included in the same charges and in the same decision of dismissal by the safety board, then one (1) or more of the persons may join as plaintiffs in the same complaint, but only the persons that appeal from the decision are affected by it. The decision of the safety board is final and conclusive upon all persons not appealing. The decision appealed from is not stayed or affected pending the final determination of the appeal, but remains in effect unless modified or reversed by the final judgment of the court.

(h) A decision of the safety board is considered prima facie correct, and the burden of proof is on the party appealing. All appeals shall be tried by the court. The appeal shall be heard de novo only upon any new issues related to the charges upon which the decision of the safety board was made. The charges are considered to be denied by the accused person. Within ten (10) days after the service of summons the safety board shall file in court a complete transcript of all papers, entries, and other parts of the record relating to the particular case. Inspection of these documents by the person affected, or by the person's agent, must be permitted by the safety board before the appeal is filed, if requested. Each party may produce evidence relevant to the issues that it desires, and the court shall review the record and decision of the safety board upon appeal.

(i) The court shall make specific findings and state the conclusions of law upon which its decision is made. If the court finds that the decision of the safety board appealed from should in all things be affirmed, its judgment should state that, and judgment for costs shall be rendered against the party appealing. If the court finds that the decision of the safety board appealed from should not be affirmed in all things, then the court shall make a general finding, setting out sufficient facts to show the nature of the proceeding and the court's decision on it. The court shall either:

(1) reverse the decision of the safety board; or

(2) order the decision of the safety board to be modified.

(j) The final judgment of the court may be appealed by either party. Upon the final disposition of the appeal by the courts, the clerk shall certify and file a copy of the final judgment of the court to the safety board, which shall conform its decisions and records to the order and judgment of the court. If the decision is reversed or modified, then the safety board shall pay to the party entitled to it any salary or wages withheld from the party pending the appeal and to which the party is entitled under the judgment of the court.

(k) Either party shall be allowed a change of venue from the court or a change of judge in the same manner as such changes are allowed in civil cases. The Indiana Rules of Trial Procedure govern in all matters of procedure upon the appeal that are not otherwise provided for by this section.

(l) An appeal takes precedence over other pending litigation and shall be tried and determined by the court as soon as practical.

(m) Except as provided in IC 36-5-2-13, the executive may reduce in grade any member of the police or fire department who holds an upper level policy making position. The reduction in grade may be made without adhering to the requirements of subsections (b) through (l). However, a member may not be reduced in grade to a rank below that which the member held before the member's appointment to the upper level policy making position.

(n) If the member is subject to criminal charges, the board may place the member on administrative leave until the disposition of the criminal charges in the trial court. Any other action by the board is stayed until the disposition of the criminal charges in the trial court. An administrative leave under this subsection may be with or without pay, as determined by the board. If the member is placed on leave without pay, the board, in its discretion, may award back pay if the member is exonerated in the criminal matter.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-3.5-1; subsection (b) formerly 18-1-11-3 part; 19-1-28-1 part; subsection (c) formerly 18-1-11-3 part; 19-1-3-2; subsections (d), (e), (f), (g), (h), (i), (j), (k), (l), (m) formerly 18-1-11-3 part.]

As added by Acts 1981, P.L.309, SEC.52. Amended by Acts 1981, P.L.315, SEC.2; P.L.104-1983, SEC.5; P.L.58-1989, SEC.3; P.L.265-1993, SEC.1; P.L.234-1996, SEC.1; P.L.34-1999, SEC.5; P.L.57-2023, SEC.1; P.L.122-2023, SEC.21.
Ind. Code § 36-7-29-15 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-15
Amount of bonds
Status: in_force

Sec. 15. (a) Except as provided in subsection (b) or (c), the amount of the district bonds issued under this chapter may not exceed the total amount that the board determines is reasonably necessary to be incurred in connection with the substance removal or remedial action. The board shall base a determination under this subsection on the best estimates available before the district bonds are issued.

(b) This subsection applies to a district located in a city described in section 1(1) of this chapter. Notwithstanding any other law, the total amount of the district bonds issued under this chapter, including district bonds already issued and outstanding under this chapter, may not exceed four percent (4%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15 of the district after deducting all mortgage exemptions in the district.

(c) This subsection applies to a district located in a county described in section 1(2) of this chapter. Notwithstanding any other law, the total amount of the district bonds issued under this chapter, including district bonds already issued and outstanding under this chapter, may not exceed two percent (2%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15.

As added by P.L.44-1994, SEC.11. Amended by P.L.6-1997, SEC.212.
Ind. Code § 36-7-15.5-8 — Indiana Code / Title 36 / Article 7 / Chapter 15.5 / Section 36-7-15.5-8
Public hearings; published and mailed notice
Status: in_force

Sec. 8. (a) Before deciding whether to adopt a resolution establishing an improvement and maintenance district, the commission shall hold a public hearing. Notice of the public hearing shall be given by publication in accordance with IC 5-3-1 and by certified mail at least twenty (20) days before the public hearing to all property owners in the proposed district.

(b) Notices that are mailed to the owners must be addressed as the names and addresses appear on the tax duplicates in the records of the county auditor.

(c) The published and mailed notice must contain the following information:

(1) A description of the geographic area to be considered for inclusion in the district.

(2) The general nature of the improvement and maintenance project that would occur within or in support of the district and the estimated annual cost of the project for the first five (5) years.

(3) Any limitation on the amount of the assessment that would be levied in order to defray part or all of the costs of the improvement and maintenance project.

(4) The estimated annual assessment levy needed to defray the costs of part or all of the improvement and maintenance project for the first five (5) years.

(5) The formula proposed to be used for the assessment of special benefits and damages.

(6) The time and place of the hearing during which establishment of the district will be considered and at which owners of real property, or their representatives, may be heard upon the question of the establishment of the district.

(7) The fact that if the district is established, owners of real property in the district will be subject to an assessment of special benefits and damages to defray part or all of the costs of the improvement and maintenance project.

As added by P.L.194-1988, SEC.1. Amended by P.L.2-1989, SEC.46.
Ind. Code § 36-9-2-13 — Indiana Code / Title 36 / Article 9 / Chapter 2 / Section 36-9-2-13
Watercourses; purification
Status: in_force

Sec. 13. A unit may purify the water in a watercourse.

[Pre-Local Government Recodification Citations: 18-1-1.5-9(e); 18-4-2-22 part.]

As added by Acts 1980, P.L.211, SEC.4.
Ind. Code § 36-1-9.5-15 — Indiana Code / Title 36 / Article 1 / Chapter 9.5 / Section 36-1-9.5-15
"Proposal" defined
Status: in_force

Sec. 15. As used in this chapter, "proposal" means an offer of a bidder, on a prescribed form, to perform the work and to furnish the labor and materials at the prices quoted.

As added by P.L.85-1991, SEC.3.
Ind. Code § 36-8-16.7-26 — Indiana Code / Title 36 / Article 8 / Chapter 16.7 / Section 36-8-16.7-26
Board members; expense reimbursement
Status: in_force

Sec. 26. (a) Each member of the board who is not a state employee is not entitled to receive the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the board who is a state employee is entitled to reimbursement for travel expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.132-2012, SEC.20.
Ind. Code § 36-7-23-26 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-26
Negotiability of bonds
Status: in_force

Sec. 26. The bonds, when issued, have all the qualities of negotiable instruments under IC 26, subject to their provisions for registration, and are incontestable in the hands of a bona fide purchaser or holder of bonds for value.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-1-10-14 — Indiana Code / Title 36 / Article 1 / Chapter 10 / Section 36-1-10-14
Disagreement with execution of lease; petition; hearing; decision
Status: in_force

Sec. 14. (a) As used in this section, "threshold amount" has the meaning set forth in section 7 of this chapter.

(b) This section does not apply if the total annual cost of the lease is less than the threshold amount.

(c) If lease rentals are payable, in whole or in part, from property taxes, ten (10) or more taxpayers in the political subdivision who disagree with the execution of a lease under this chapter may file a petition in the office of the county auditor of the county in which the leasing agent is located, within thirty (30) days after publication of notice of the execution of the lease. The petition must state the taxpayer's objections and the reasons why the lease is unnecessary or unwise.

(d) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) nor more than thirty (30) days after the receipt of the certified documents.

(e) The hearing may be held in the county where the petition arose or through electronic means.

(f) Notice of the hearing shall be given by the department of local government finance to the leasing agent and to the first ten (10) taxpayer petitioners listed on the petition by a letter signed by the commissioner or deputy commissioner of the department. The letter shall be sent to the first ten (10) taxpayer petitioners at their usual place of residence at least five (5) days before the date of the hearing. The decision by the department of local government finance on the objections presented in the petition is final.

[Pre-Local Government Recodification Citation: 18-5-3.3-7 part.]

As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.17; P.L.90-2002, SEC.463; P.L.257-2019, SEC.97; P.L.38-2021, SEC.80.
Ind. Code § 36-12-3-2 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-2
Board compliance with and participation in statewide library card program; reciprocal borrowing agreement
Status: in_force

Sec. 2. The library board shall comply with and participate in the statewide library card program described in IC 4-23-7.1-5.1. However, the library board may enter into a reciprocal borrowing agreement with another library board under section 7 of this chapter or IC 36-1-7 to:

(1) provide library service to; or

(2) receive library service from;

the other library board.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-1.1.]

As added by P.L.1-2005, SEC.49. Amended by P.L.42-2018, SEC.33.
Ind. Code § 36-9-23-25 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-25
Fees; factors used to establish; persons obligated to pay; disposition of certain fees; different fee schedules permitted; property not occupied by owner
Status: in_force

Sec. 25. (a) Subject to section 37 of this chapter, the municipal legislative body shall, by ordinance, establish just and equitable fees for the services rendered by the sewage works, and provide the dates on which the fees are due.

(b) Just and equitable fees are the fees required to maintain the sewage works in the sound physical and financial condition necessary to render adequate and efficient service. The fees must be sufficient to:

(1) pay all expenses incidental to the operation of the works, including legal expenses, maintenance costs, operating charges, repairs, lease rentals, and interest charges on bonds or other obligations;

(2) provide the sinking fund required by section 21 of this chapter;

(3) provide adequate money to be used as working capital; and

(4) provide adequate money for improving and replacing the works.

Fees established after notice and hearing under this chapter are presumed to be just and equitable.

(c) Except as otherwise provided in a provision included in an ordinance under subsection (f), the fees are payable by the owner of each lot, parcel of real property, or building that:

(1) is connected with the sewage works by or through any part of the municipal sewer system; or

(2) uses or is served by the works.

Unless the municipal legislative body finds otherwise, the works are considered to benefit every lot, parcel of real property, or building connected or to be connected with the municipal sewer system as a result of construction work under the contract, and the fees shall be billed and collected accordingly.

(d) The municipal legislative body may use one (1) or more of the following factors to establish the fees:

(1) A flat charge for each sewer connection.

(2) The amount of water used on the property.

(3) The number and size of water outlets on the property.

(4) The amount, strength, or character of sewage discharged into the sewers.

(5) The size of sewer connections.

(6) Whether the property has been or will be required to pay separately for any part of the sewage works.

(7) Whether the property, although vacant or unimproved, is benefited by a local or lateral sewer because of the availability of that sewer. However, the owner must have been notified, by recorded covenants and restrictions or deed restrictions in the chain of title of the owner's property, that a fee or assessment for sewer availability may be charged, and the fee may reflect only the capital cost of the sewer and not the cost of operation and maintenance of the sewage works.

(8) The cost of collecting, treating, and disposing of garbage in a sanitary manner, including equipment and wages.

(9) The amount of money sufficient to compensate the municipality for the property taxes that would be paid on the sewage works if the sewage works were privately owned.

(10) Any other factors the legislative body considers necessary.

Fees collected under subdivision (8) may be spent for that purpose only after compliance with all provisions of the ordinance authorizing the issuance of the revenue bonds for the sewage works. The board may transfer fees collected in lieu of taxes under subdivision (9) to the general fund of the municipality.

(e) The municipal legislative body may exercise reasonable discretion in adopting different schedules of fees, or making classifications in schedules of fees, based on variations in:

(1) the costs, including capital expenditures, of furnishing services to various classes of users or to various locations; or

(2) the number of users in various locations.

(f) Notwithstanding IC 14-33-5-21, this subsection does not apply to a conservancy district established under IC 14-33 for the collection, treatment, and disposal of sewage and other liquid wastes. In an ordinance adopted under this section, the municipal legislative body may include one (1) or more of the following provisions with respect to property occupied by someone other than the owner of the property:

(1) That fees for the services rendered by the sewage works to the property are payable by the person occupying the property. At the option of the municipal legislative body, the ordinance may include any:

(A) requirement for a deposit to ensure payment of the fees by the person occupying the property; or

(B) other requirement to ensure the creditworthiness of the person occupying the property as the account holder or customer with respect to the property;

that the municipal legislative body may lawfully impose.

(2) That the fees for the services rendered by the sewage works to the property are payable by the person occupying the property if one (1) of the following conditions is satisfied:

(A) Either the property owner or the person occupying the property gives to the general office of the utility written notice that indicates that the person occupying the property is responsible for paying the fees with respect to the property and requests that the account or other customer or billing records maintained for the property be in the name of the person occupying the property. At the option of the municipal legislative body, the ordinance may provide that a document that:

(i) is executed by the property owner and the person occupying the property;

(ii) identifies the person occupying the property by name; and

(iii) indicates that the person occupying the property is responsible for paying the fees assessed by the utility with respect to the property;

serves as written notice for purposes of this clause.

(B) The account or other customer or billing records maintained by the utility for the property otherwise indicate that:

(i) the property is occupied by someone other than the owner; and

(ii) the person occupying the property is responsible for paying the fees.

(C) The property owner or the person occupying the property satisfies any other requirements or conditions that the municipal legislative body includes in the ordinance.

(3) That fees assessed against the property for the services rendered by the sewage works to the property do not constitute a lien against the property, notwithstanding section 32 of this chapter, and subject to any requirements or conditions set forth in the ordinance.

This subsection may not be construed to prohibit a municipal legislative body from including in an ordinance adopted under this section any other provision that the municipal legislative body considers appropriate.

[Pre-Local Government Recodification Citations: 19-2-5-19 part; 19-2-5-20 part; 19-2-5-21.]

As added by Acts 1981, P.L.309, SEC.96. Amended by Acts 1981, P.L.317, SEC.23; P.L.35-1990, SEC.70; P.L.114-2008, SEC.29; P.L.196-2014, SEC.5.
Ind. Code § 36-7-4-504.5 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-504.5
Comprehensive plan; township advisory committee
Status: in_force

Sec. 504.5. (a) In preparing or revising a comprehensive plan for a township, the legislative body of the consolidated city shall adopt an ordinance requiring the plan commission to establish an advisory committee of citizens interested in problems of planning and zoning for that township, a majority of whom shall be nominated by the township legislative body.

(b) An advisory committee created under subsection (a) must include a representative of the affected township legislative body as determined by procedures established in an ordinance adopted by the legislative body of the consolidated city.

As added by P.L.164-1995, SEC.18.
Ind. Code § 36-1-8-19 — Indiana Code / Title 36 / Article 1 / Chapter 8 / Section 36-1-8-19
Feasibility study and public hearing before construction or reconstruction of a county jail or submission of final plans and specification to the department of correction; exceptions
Status: in_force

Sec. 19. (a) In addition to any other requirements and except as provided in subsection (b), after June 30, 2018, a county may not begin the construction or reconstruction of a county jail or submit final plans and specifications for the construction or reconstruction of a county jail to the department of correction under IC 11-12-4-5, unless the county executive first:

(1) prepares or causes to be prepared a feasibility study of possible alternatives to the construction or reconstruction of the county jail; and

(2) holds a public hearing on the feasibility study.

(b) The feasibility study and public hearing under subsection (a) are not required for the construction or reconstruction of a county jail in the case of a county in which the county executive before July 1, 2018, has voted on or otherwise approved a proposal or contract concerning the construction or reconstruction of the county jail.

(c) The feasibility study required by subsection (a)(1) must include the following information:

(1) The feasibility of housing inmates in the county jail of another county or in a multicounty jail established by two (2) or more counties.

(2) A projection of the county's future jail needs and an estimate of the number and characteristics of future inmates.

(3) An estimate of the costs, tax rates, and debt service amounts that would result from each of the alternatives addressed by the feasibility study.

(d) The county executive shall allow the public to testify at the public hearing on the feasibility study required by subsection (a)(1). Notice of the public hearing must be given in accordance with IC 5-3-1. The notice must state that on the given day, time, and place, the county executive will meet to discuss the feasibility study and hear testimony from the public regarding the feasibility study.

As added by P.L.184-2018, SEC.13.
Ind. Code § 36-7-4-307 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-307
Organization; special meetings
Status: in_force

Sec. 307. Special meetings of a plan commission may be called by the president or by two (2) members of the commission upon written request to the secretary. The secretary shall send to all members, at least three (3) days before the special meeting, a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if:

(1) the date, time, and place of a special meeting are fixed in a regular meeting; and

(2) all members of the commission are present at that regular meeting.

[Pre-Local Government Recodification Citations: 18-7-2-12; 18-7-4-307; 18-7-4-17; 18-7-5-18.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.17.
Ind. Code § 36-7-30.5-3 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-3
Repealed
Status: repealed

As added by P.L.203-2005, SEC.11. Repealed by P.L.228-2019, SEC.5.
Ind. Code § 36-8-10-5 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-5
Prison matron; appointment; powers and duties
Status: in_force

Sec. 5. (a) Each sheriff shall appoint a prison matron for the county. The sheriff shall set the qualifications for that position. Except as provided in subsection (b), the sheriff has complete hiring authority over the position of prison matron.

(b) A prison matron who was a county police officer appointed under section 10(b) of this chapter immediately before being hired as prison matron is entitled to the discipline and removal procedures under section 11 of this chapter before:

(1) being reduced in grade to a rank below the rank that the person held before being hired as prison matron; or

(2) removal from the department.

(c) The sheriff may employ assistant prison matrons if necessary.

(d) The prison matron or the prison matron's assistants shall receive, search, and care for all female prisoners and all boys under fourteen (14) years of age who are committed to or detained in the county jail, municipal lockup, or other detention center in the county.

(e) The prison matron and assistant matrons:

(1) are members of the department;

(2) have the powers and duties of members of the department; and

(3) are entitled to the same salary that other members of the department of the same rank, grade, or position are paid.

[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 17-3-6.3-1; subsection (c) formerly 17-3-6.3-2; subsection (d) formerly 17-3-6.3-3.]

As added by Acts 1981, P.L.309, SEC.61. Amended by P.L.237-1996, SEC.1.
Ind. Code § 36-1-30.5-2 — Indiana Code / Title 36 / Article 1 / Chapter 30.5 / Section 36-1-30.5-2
Operation of a node; development of software on a blockchain protocol; transfer of digital assets; limitations of a unit
Status: in_force

Sec. 2. A unit may not adopt or enforce an ordinance or other regulation that would have the effect of prohibiting, restricting, or impairing the ability of an individual or business to do any of the following:

(1) Operate a node for the purpose of connecting to a blockchain protocol and participating in the operation of the blockchain protocol.

(2) Develop software on a blockchain protocol.

(3) Transfer digital assets to another individual or business using a blockchain protocol.

(4) Participate in staking on a blockchain protocol.

As added by P.L.49-2026, SEC.16.
Ind. Code § 36-7-32-20 — Indiana Code / Title 36 / Article 7 / Chapter 32 / Section 36-7-32-20
Notification to department of state revenue; computation of gross retail base revenue
Status: in_force

Sec. 20. (a) After entering into an agreement under section 12 of this chapter, the redevelopment commission shall send to the department of state revenue and to the office:

(1) a certified copy of the designation of the certified technology park under section 11 of this chapter;

(2) a certified copy of the agreement entered into under section 12 of this chapter; and

(3) a complete list of the employers in the certified technology park and the street names and the range of street numbers of each street in the certified technology park.

The redevelopment commission shall update the list provided under subdivision (3) before July 1 of each year.

(b) Not later than sixty (60) days after receiving a copy of the designation of the certified technology park, the department of state revenue shall determine the gross retail base period amount and the income tax base period amount.

As added by P.L.192-2002(ss), SEC.187. Amended by P.L.145-2025, SEC.16.
Ind. Code § 36-9-9-4 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-4
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-5-24-3.]

As added by Acts 1981, P.L.309, SEC.82. Amended by Acts 1981, P.L.47, SEC.25. Repealed by Acts 1982, P.L.6, SEC.27.
Ind. Code § 36-7-9-2 — Indiana Code / Title 36 / Article 7 / Chapter 9 / Section 36-7-9-2
Definitions
Status: in_force

Sec. 2. As used in this chapter:

"Building or structure" means anything constructed or erected:

(1) with a roof supported by columns or walls;

(2) to serve as a shelter or enclosure; or

(3) the use of which requires location on or attachment to the ground.

The term includes a manufactured home (as defined in IC 22-12-1-16) and a mobile home (as defined in IC 16-41-27-4).

"Community organization" means a citizen's group, neighborhood association, neighborhood development corporation, or similar organization that:

(1) has specific geographic boundaries defined in its bylaws or articles of incorporation and contains at least forty (40) households within those boundaries;

(2) is a nonprofit corporation that is representative of at least twenty-five (25) households or twenty percent (20%) of the households in the community, whichever is less;

(3) is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;

(4) has been incorporated for at least two (2) years; and

(5) is exempt from taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.

"Continuous enforcement order" means an order that:

(1) is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional:

(A) compliance and abatement authority; or

(B) orders for the same or similar violations;

(2) authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement;

(3) can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and

(4) authorizes the enforcement authority to assess and collect ongoing costs for continuous enforcement order activities from any party that is subject to the enforcement authority's order.

"Department" refers to the executive department authorized by ordinance to administer this chapter. In a consolidated city, this department is the department of code enforcement subject to IC 36-3-4-23.

"Enforcement authority" refers to the chief administrative officer of the department, except in a consolidated city. In a consolidated city, the division of development services is the enforcement authority, subject to IC 36-3-4-23.

"Hearing authority" refers to a person or persons designated as such by the executive of a city or county, or by the legislative body of a town. However, in a consolidated city, the director of the department or a person designated by the director is the hearing authority. An employee of the enforcement authority may not be designated as the hearing authority.

"Known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser" means any fee interest, life estate interest, or equitable interest of a purchaser of a contract or a known certificate of title that is held by a person whose identity and address may be determined from:

(1) an instrument recorded in the recorder's office of the county where the unsafe premises is located;

(2) written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority);

(3) a review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable; or

(4) a request for certified records from the bureau of motor vehicles.

"Known or recorded substantial property interest" means any right in real property, including a fee interest, a life estate interest, a future interest, a mortgage interest, a lien as evidenced by a certificate of sale issued under IC 6-1.1-24, or an equitable interest of a contract purchaser, that:

(1) may be affected in a substantial way by actions authorized by this chapter; and

(2) is held by a person whose identity and address may be determined from:

(A) an instrument recorded in:

(i) the recorder's office of the county where the unsafe premises is located; or

(ii) the office of the county auditor of the county where the unsafe premises are located in the case of a lien evidenced by a certificate of sale issued under IC 6-1.1-24;

(B) written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority);

(C) a review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable; or

(D) a request for certified records from the bureau of motor vehicles.

"Substantial property interest" means any right in personal property or real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser.

[Pre-Local Government Recodification Citations: 18-5-5.5-2(b); 18-5-5.5-2(c); 18-5-5.5-2(g); 18-5-5.5-2(j).]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.4; P.L.177-2003, SEC.3; P.L.169-2006, SEC.59; P.L.88-2009, SEC.7; P.L.73-2010, SEC.10; P.L.66-2014, SEC.25; P.L.155-2024, SEC.3.
Ind. Code § 36-7-4-1603 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1603
Standing
Status: in_force

Sec. 1603. (a) The following have standing to obtain judicial review of a zoning decision:

(1) A person to whom the zoning decision is specifically directed.

(2) A person aggrieved by the zoning decision who participated in the board hearing that led to the decision, either:

(A) by appearing at the hearing in person, by agent, or by attorney and presenting relevant evidence; or

(B) by filing with the board a written statement setting forth any facts or opinions relating to the decision.

(3) A person that is a public use airport owner or operator has standing to obtain judicial review of a zoning decision that may have a negative impact on the safety of civilian or military flight operations to or from the airport.

(4) A person otherwise aggrieved or adversely affected by the zoning decision.

(b) A person has standing under subsection (a)(4) only if:

(1) the zoning decision has prejudiced or is likely to prejudice the interests of the person;

(2) the person was eligible for an initial notice of a hearing under this chapter, was not notified of the hearing in substantial compliance with this chapter, and did not have actual notice of the hearing before the last date in the hearing that the person could object or otherwise intervene to contest the zoning decision;

(3) the person's asserted interests are among those that the board was required to consider when it made the challenged zoning decision; and

(4) a judgment in favor of the person would substantially eliminate or redress the prejudice to the person caused or likely to be caused by the zoning decision.

As added by P.L.126-2011, SEC.50. Amended by P.L.71-2020, SEC.3.
Ind. Code § 36-9-25-10 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-10
Powers of board
Status: in_force

Sec. 10. In performing its duties the board may do the following:

(1) If needed for sewage works, condemn, appropriate, lease, rent, purchase, and hold any real or personal property within the district or within five (5) miles outside the boundaries of the district.

(2) Enter upon any lots or lands for the purpose of surveying or examining them to determine the location of any sewage works or other structures, roads, levees, or walls connected with or necessary for the use or operation of the facilities.

(3) Design, order, contract for, construct, reconstruct, and maintain the sewage works.

(4) Build or have built all roads, levees, walls, other structures, or lagoons that may be desirable in connection with sewage works and make improvements to the grounds and premises under its control, including the erection and operation of a plant for the removal of sand and gravel from the grounds.

(5) Compel the owners, operators, or lessees of all factories, shops, works, plants, or other structures to treat, purify, or eliminate from the sewage and trade waste of the premises any ingredients that interfere with the successful operation of the sewage works. It may compel the owners, operators, or lessees of the premises located on a watercourse to direct an excessive flow of water into the watercourse.

(6) Review and approve plans for privately constructed plants for the treatment or elimination of trade waste. This is to insure that an owner, operator, or lessee of a house, factory, shop, works, plant, or other structure that may be directly or indirectly connected with sewers emptying into the sewage works does not construct a purification plant, machine, or other device for eliminating or treating the trade waste from those places for the purpose of eliminating ingredients that would harm the sewage works until the plans have been submitted to and approved by the board. After plans have been submitted to the board, it may reject them in their entirety or order changes to be made that include its supervision and regulation of the operation. An appeal may be taken from the decision of the board rejecting the plans submitted or ordering changes by the owner, operator, or lessee of a proposed private plant, in the same manner as appeals from the works board as far as applicable.

(7) Build or have built a plant or plants and all appurtenances for the treatment of sludge, pressing of sludge, or converting sludge into marketable fertilizer.

(8) Sell any byproduct from the sewage works, or furnish any byproduct free for the use of the municipality or for other public uses, with revenue derived from the sale above the amount needed for maintenance to be paid into the sanitary district bond fund, or if no bonds are outstanding, to revert to its general fund.

(9) Compel the owners, lessees, or agents in possession of lots or land from which sewers discharge sewage or drainage and pollute a watercourse or body of water or constitute a menace to public health and welfare to connect the sewers with drains leading directly or indirectly into sewage works regulating the use and assessing reasonable charges.

(10) Construct or have constructed regulating devices at the junction of combined sewers with intercepting sewers to regulate the discharge into the intercepting and connecting sewers to prevent the pollution of streams or bodies of water or a menace to the public health and welfare.

(11) Construct, add to, reconstruct, or maintain an incinerating or reduction plant or other plants for the conversion, destruction, or disposal of garbage, filth, ashes, dirt, and rubbish. The board may operate the plant in connection with sewage works, and sell any byproducts derived from the garbage, filth, ashes, or rubbish, including sand and gravel taken from lands under the control of the board at prices that are determined by the board, or furnish it free to the municipality or for other public uses, with revenue derived above the amount needed for maintenance to be paid into the sanitary district bond fund, or if no bonds are outstanding, to revert to its general fund.

(12) Take charge of all real property, belonging to the municipality and under the control of the works board, suitably located for sewage works if the board demands the works board, subject to contracts, to relinquish and transfer control of real and personal property used by the works board for the collection and removal of garbage and ashes. The transfer of personal property must be made by resolution adopted by the works board describing the property, with a copy of the resolution to be delivered to the board and made a matter of record in the minutes of the proceedings of the board.

(13) Collect and remove, or contract for the collection and removal of, all garbage, ashes, dead animals, refuse, and wastes from domestic premises, and construct or have constructed stations, including barns, garages, sheds, blacksmith shops, dumps, incinerators, and all other useful or necessary improvements for this purpose. This includes the power to collect and remove soil and other sewage in areas not provided with sewers, and then to discharge or dispose of it into sewage works.

(14) Enter into contracts in the name of the municipality, with the approval of the executive as provided by law. However, in the case of a district described in section 3(b)(2) of this chapter, the board may enter into contracts in the name of:

(A) a municipality in the district, with the approval of the executive of the municipality; or

(B) the district, with the approval of the board.

(15) Employ and pay for all engineering, architectural, legal, and other professional services needed in carrying out this chapter, including determining the number, prescribing the duties, and fixing the compensation for all its engineers, chemists, attorneys, bacteriologists, surveyors, inspectors, clerks, stenographers, laborers, supervisors, and other employees as provided by law for other executive departments of the municipality.

(16) Adopt resolutions, rules, and bylaws that are necessary to carry out this chapter, including repealing or amending them consistent with this chapter.

(17) Prepare a schedule of reasonable service fees and collect them from persons who own, lease, or possess or control as tenants or as agents lots or lands located outside the boundaries of the district if the lots or lands are benefited by connection into the sanitary sewer system of the district as described in this chapter, with the proceeds from sewage connections and treatment service credited to the general fund of the district for general use and maintenance purposes. The fees may be fixed, repealed, or amended, or the service discontinued, by the board at its discretion.

(18) Sue or be sued in the name of the municipality, with payment for obligations and of a judgment against the municipality in an action to be made solely from funds of the department and its district that may be available for this purpose. In the case of a district described in section 3(b)(2) of this chapter, the board may sue or be sued in the name of any municipality in the district or in the name of the district. If a judgment is entered against a municipality in the district, payment of obligations and the judgment shall be made solely from available funds of the department or the district.

(19) Pay for services rendered or for any other obligations incurred by the board while executing its powers, or pay any judgments, including interest and costs, by issuing and selling the bonds of the district, or obtaining temporary loans or levying taxes as authorized by this or other statutes for any other purpose.

(20) Lease, rent, purchase, and hold real or personal property more than five (5) miles outside the boundaries of the district if the property is needed:

(A) to store sludge;

(B) to convert sludge into marketable fertilizer; or

(C) by the district to conduct activities that are related to activities described in clause (A) or (B).

[Pre-Local Government Recodification Citations: 19-2-6-1 part; 19-2-6-2 part; 19-2-14-3 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.175-2006, SEC.22.
Ind. Code § 36-9-4-24 — Indiana Code / Title 36 / Article 9 / Chapter 4 / Section 36-9-4-24
Introduction of proposed ordinances; public notice
Status: in_force

Sec. 24. (a) A director of a public transportation corporation may introduce a proposed draft of an ordinance at a meeting of the board of directors. A director who introduces a proposed draft of an ordinance must provide, at the time of introduction, a written copy of the proposed draft. The board must place the date of introduction and a distinguishing number on each proposed draft of an ordinance.

(b) The board must publish a notice that the proposed ordinance is pending final action by the board. The notice must be published in accordance with IC 5-3-1. However, notice of an ordinance establishing a budget must be given in accordance with the statutes governing budgets of the municipality served by the corporation.

(c) The board must include in the notice reference to the subject matter of the proposed ordinance and the time and place a hearing on it will be held, and must indicate that the proposed draft of an ordinance is available for public inspection at the office of the board. The board may include in one (1) notice a reference to the subject matter of each draft of an ordinance that is pending and for which notice has not previously been given. The reference to the subject matter is adequate if it is sufficient to advise the public of the general subject matter of the proposed ordinance.

(d) The board must, not later than the date of notice of the introduction of a proposed ordinance, place five (5) copies of the proposed draft on file in the office of the board for public inspection.

[Pre-Local Government Recodification Citation: 19-5-2-15 part.]

As added by Acts 1981, P.L.309, SEC.77. Amended by Acts 1981, P.L.45, SEC.39.
Ind. Code § 36-4-3-7.1 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-7.1
Trial court hearing on annexation
Status: in_force

Sec. 7.1. An ordinance adopted under section 4 or 5.1 of this chapter takes effect immediately upon the expiration of the remonstrance and appeal period under section 11, 11.1, or 15.5 of this chapter and after the publication, filing, and recording required by section 22(a) of this chapter if all of the following conditions are met:

(1) The annexed territory has no population.

(2) Ninety percent (90%) of the total assessed value of the land for property tax purposes has one (1) owner.

(3) The annexation is required to fulfill an economic development incentive package and to retain an industry through various local incentives, including urban enterprise zone benefits.

As added by P.L.120-1999, SEC.6. Amended by P.L.228-2015, SEC.11; P.L.257-2019, SEC.111; P.L.104-2022, SEC.156.
Ind. Code § 36-8-17-7.5 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-7.5
"Police powers"
Status: in_force

Sec. 7.5. (a) As used in this section, "police powers" means the power to:

(1) make an arrest;

(2) conduct a search or seizure of a person or property; or

(3) carry a firearm.

(b) A fire investigator of a first class or second class city may exercise police powers if the fire investigator meets all of the following requirements:

(1) The fire investigator has been authorized to exercise police powers by the:

(A) police chief; and

(B) fire chief;

of the first class or second class city.

(2) The fire investigator has successfully completed the pre-basic training course established under IC 5-2-1-9(f).

(3) The fire investigator has successfully completed the minimum basic training and educational requirements adopted by the law enforcement training board under IC 5-2-1-9 as necessary for employment as a law enforcement officer.

As added by P.L.90-2017, SEC.2.
Ind. Code § 36-10-7.5-8 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-8
Lease of buildings and grounds
Status: in_force

Sec. 8. The park governor may lease any buildings or grounds that:

(1) belong to the township; and

(2) are located within a park;

to a person for a period not greater than fifty (50) years. The lease may authorize the lessee to provide upon the premises educational, research, veterinary, or other proper facilities for the exhibition of wild or domestic animals in wildlife parks, dining facilities, swimming facilities, golf courses, skating facilities, dancing facilities, amusement rides generally found in amusement parks, or other recreational facilities. A lease may be made for more than one (1) year only to the highest and best bidder after notice that the lease will be made has been given by publication in accordance with IC 5-3-1.

As added by P.L.157-1991, SEC.15. Amended by P.L.271-1993, SEC.11.
Ind. Code § 36-1-29-12 — Indiana Code / Title 36 / Article 1 / Chapter 29 / Section 36-1-29-12
Construction of new seawalls or revetments
Status: in_force

Sec. 12. In accordance with applicable state laws, state administrative rules, and local ordinances, the owner of private property may construct a new seawall or revetment on the private property in a location in which the new seawall or revetment can reasonably be expected to provide protection to the property.

As added by P.L.164-2020, SEC.64.
Ind. Code § 36-7-4-209 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-209
Membership of commission; representatives for a municipality; numbers; appointments
Status: in_force

Sec. 209. (a) AREA. When the number of representatives for a municipality is two (2), one (1) is a member of the municipal legislative body appointed by the legislative body and the other is a citizen member appointed by the municipal executive.

(b) AREA. When the number of representatives for a municipality is three (3), one (1) is a member of the legislative body appointed by the legislative body and two (2) are citizen members appointed by the executive.

(c) AREA. When the number of representatives for a municipality is four (4), one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and two (2) are citizen members appointed by the executive.

(d) AREA. When the number of representatives for a municipality is five (5) or more, one (1) is a member of the works board or the board of sanitary commissioners, appointed by the executive, one (1) is a member of the legislative body appointed by the legislative body, and the remainder are citizen members appointed by the executive.

[Pre-Local Government Recodification Citations: 18-7-3-4 part; 18-7-4-209; 18-7-4-11; 18-7-5-7 part; 18-7-5-12 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.226-1997, SEC.2; P.L.126-2011, SEC.8.
Ind. Code § 36-8-4-5 — Indiana Code / Title 36 / Article 8 / Chapter 4 / Section 36-8-4-5
Care of police officers and firefighters injured or contracting illnesses as a result of performance of duties
Status: in_force

Sec. 5. (a) The following definitions apply throughout this section:

(1) "Firefighter" means a current or former firefighter.

(2) "Police officer" means a current or former police officer.

(b) A city shall pay for the care of a police officer or firefighter who suffers an injury while performing the person's duty or while the person is on duty or who contracts illness caused by the performance of the person's duty, including an injury or illness that results in a disability or death presumed incurred in the line of duty under IC 5-10-13. This care includes:

(1) medical and surgical care;

(2) medicines and laboratory, curative, and palliative agents and means;

(3) X-ray, diagnostic, and therapeutic service, including during the recovery period; and

(4) hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.

(c) Expenditures required by subsection (b) shall be paid from the general fund of the city.

(d) A city that has paid for the care of a police officer or firefighter under subsection (b) has a cause of action for reimbursement of the amount paid under subsection (b) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of or an illness caused by the third party. The city's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.

(e) The medical benefits under this section are independent and distinct from any medical benefits that are available under IC 22-3. A police officer or firefighter may recover medical benefits under this section without first pursuing a claim for medical benefits under IC 22-3. If a police officer or firefighter pursues a claim for medical benefits under IC 22-3 and the claim is withdrawn or denied, the police officer or firefighter is not precluded from recovering medical benefits under this section.

[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-13-1; subsection (b) formerly 19-1-13-2.]

As added by Acts 1981, P.L.309, SEC.53. Amended by P.L.169-1994, SEC.1; P.L.185-2002, SEC.4; P.L.66-2020, SEC.1; P.L.118-2026, SEC.14.
Ind. Code § 36-4-3-11.7 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11.7
Remonstrance waivers; expiration; notice to property owner
Status: in_force

Sec. 11.7. (a) This subsection applies to any deed recorded after June 30, 2015. This subsection applies only to property that is subject to a remonstrance waiver. A municipality shall, within a reasonable time after the recording of a deed to property located within the municipality, provide written notice to the property owner that a waiver of the right of remonstrance exists with respect to the property.

(b) A remonstrance waiver executed before July 1, 2003, is void. This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(c) A remonstrance waiver executed after June 30, 2003, and before July 1, 2019, is subject to the following:

(1) The waiver is void unless the waiver was recorded:

(A) before January 1, 2020; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

(d) A remonstrance waiver executed after June 30, 2019, is subject to the following:

(1) The waiver is void unless the waiver is recorded:

(A) not later than thirty (30) business days after the date the waiver was executed; and

(B) with the county recorder of the county where the property subject to the waiver is located.

(2) A waiver that is not void under subdivision (1) expires not later than fifteen (15) years after the date the waiver is executed.

This subsection does not invalidate an annexation that was effective on or before July 1, 2019.

As added by P.L.228-2015, SEC.18. Amended by P.L.257-2019, SEC.112.
Ind. Code § 36-1-24-7 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-7
"Short term rental platform"
Status: in_force

Sec. 7. As used in this chapter, "short term rental platform" means an entity that:

(1) provides a platform through which unaffiliated parties offer to rent a short term rental to an occupant; and

(2) collects consideration for the rental from the occupant.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-9-29.1-6 — Indiana Code / Title 36 / Article 9 / Chapter 29.1 / Section 36-9-29.1-6
Adoption of general plans and specifications
Status: in_force

Sec. 6. (a) The board, as a part of the resolution, shall adopt the general plans then proposed for the entire project, including a plat showing the general scope of it and the location and bounds of all real property then considered necessary to be acquired or removed, or that would be injuriously affected, in connection with the project. It shall also determine the estimated cost of all the work, including the estimated damages to be awarded to the owners of the real and personal property. An appraisal is not required for those estimates.

(b) The adoption or filing of any specifications covering all or parts of the project and details of other matters is optional with the board, and it may also receive and file alternate plans and specifications, submitted by any person for all or any parts of the project. The board may, at the final hearing, adopt all or any of these materials in place of the board's plans and specifications.

As added by Acts 1982, P.L.77, SEC.24. Amended by P.L.27-1986, SEC.6.
Ind. Code § 36-1-6-2 — Indiana Code / Title 36 / Article 1 / Chapter 6 / Section 36-1-6-2
Action to bring compliance with ordinance conditions; expense as lien against property; enforcement of delinquent fees and penalties
Status: in_force

Sec. 2. (a) If a condition violating an ordinance of a municipal corporation exists on real property, employees or contractors of a municipal corporation may enter onto that property and take appropriate action to bring the property into compliance with the ordinance. However, before action to bring compliance may be taken, all persons holding a substantial interest in the property must be given a reasonable opportunity of at least ten (10) days but not more than sixty (60) days to bring the property into compliance. Continuous enforcement orders (as defined in IC 36-7-9-2) can be enforced and liens may be assessed without the need for additional notice. If the municipal corporation takes action to bring compliance, the expenses incurred by the municipal corporation to bring compliance constitute a lien against the property. The lien attaches when notice of the lien is recorded in the office of the county recorder in which the property is located. The lien is superior to all other liens except liens for taxes, in an amount that does not exceed:

(1) ten thousand dollars ($10,000) for real property that:

(A) contains one (1) or more occupied or unoccupied single or double family dwellings or the appurtenances or additions to those dwellings; or

(B) is unimproved; or

(2) twenty thousand dollars ($20,000) for all other real property not described in subdivision (1).

(b) The municipal corporation may issue a bill to the owner of the real property for the costs incurred by the municipal corporation in bringing the property into compliance with the ordinance, including administrative costs and removal costs.

(c) A bill issued under subsection (b) is delinquent if the owner of the real property fails to pay the bill within thirty (30) days after the date of the issuance of the bill.

(d) Whenever a municipal corporation determines it necessary, the officer charged with the collection of fees and penalties for the municipal corporation shall prepare:

(1) a list of delinquent fees and penalties that are enforceable under this section, including:

(A) the name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;

(B) a description of the premises, as shown on the records of the county auditor; and

(C) the amount of the delinquent fees and the penalty; or

(2) an instrument for each lot or parcel of real property on which the fees are delinquent.

(e) The officer shall record a copy of each list or each instrument with the county recorder, who shall charge a fee for recording the list or instrument under the fee schedule established in IC 36-2-7-10.

(f) The amount of a lien shall be placed on the tax duplicate by the auditor. The total amount, including any accrued interest, shall be collected in the same manner as delinquent taxes are collected and shall be disbursed to the general fund of the municipal corporation.

(g) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the municipal corporation shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be considered a bad debt loss.

(h) The municipal corporation shall release:

(1) liens filed with the county recorder after the recorded date of conveyance of the property; and

(2) delinquent fees incurred by the seller;

upon receipt of a written demand from the purchaser or a representative of the title insurance company or the title insurance company's agent that issued a title insurance policy to the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner and that the purchaser has not been paid by the seller for the delinquent fees.

(i) The county auditor shall remove the fees, penalties, and service charges that were not recorded before a recorded conveyance to a subsequent owner upon receipt of a copy of the written demand under subsection (h).

[Pre-Local Government Recodification Citations: 18-1-1.5-5(b); 18-3-1-37 part; 18-3-1-51 part; 18-4-2-18 part; 18-5-10-3 part; 18-5-10-7.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.50-2002, SEC.1; P.L.144-2003, SEC.1; P.L.177-2003, SEC.2; P.L.131-2005, SEC.5; P.L.88-2006, SEC.7; P.L.194-2007, SEC.8; P.L.88-2009, SEC.5.
Ind. Code § 36-9-25-30 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-30
Construction of sewers, drains, or appurtenances; procedure
Status: in_force

Sec. 30. (a) If the board finds it necessary to build, alter, or repair a sewer, drain, or appurtenance used in connection with sewage works in a public way or other public place in the district or a highway outside its boundaries, it shall file with the works board of the municipality, or the executive of the county in which the municipality is located, a petition and a map showing the route of the sewer or drain or the location of the structure or appurtenance proposed to be built, altered, or repaired, including the part of the public way or other public place to be used in the work. That body shall then adopt a resolution granting the board the right to use the public way or other public place.

(b) If the board shows in the petition that it is necessary to open or vacate a public way or public place, the appropriate body shall promptly begin the proceedings necessary for the opening or vacation. Within a reasonable time after the completion of the work, the board shall restore the surface of a public way or public place to the same condition that it was in before the performance of the work.

(c) If the land on which it is necessary to build, alter, or repair a sewer, drain, structure, or appurtenance in connection with the sewage works is already in use for another public purpose or has been condemned or appropriated for a use authorized by statute and is being used for that purpose by the body appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the land for purposes in connection with the sewage works. However, the use by the board does not permanently prevent the use of the land for the public use or by the body condemning or appropriating the land. In addition, in a proceeding prosecuted by the board to condemn the use of the land for purposes permitted by this chapter, the burden is upon the board to show that its proposed use will not permanently interfere with the continued public use of the land or by the body condemning it, including its successors.

[Pre-Local Government Recodification Citation: 19-2-14-22.]

As added by Acts 1981, P.L.309, SEC.98.
Ind. Code § 36-8-10-0.3 — Indiana Code / Title 36 / Article 8 / Chapter 10 / Section 36-8-10-0.3
Legalization of certain county fiscal body actions taken before July 1, 1994
Status: in_force

Sec. 0.3. A county fiscal body action taken before July 1, 1994, to directly appropriate money from the appropriate source to a sheriff's pension trust plan is legalized and validated to the same extent as if P.L.152-1994 had been enacted.

As added by P.L.220-2011, SEC.673.
Ind. Code § 36-7.5-4-22 — Indiana Code / Title 36 / Article 7.5 / Chapter 4 / Section 36-7.5-4-22
Lake County; commuter rail extensions and improvements; failure to file proper application for federal funding
Status: in_force

Sec. 22. (a) Subject to subsection (b), if, before December 31, 2020, the proper applications for federal funding necessary and desired to complete commuter rail extensions and improvements described in an interlocal agreement entered into by Lake County units to support the extension and improvement of rail services have not been filed, after satisfaction of all obligations and liabilities that have been incurred, all resources on deposit to the credit of an account established by section 1(d) of this chapter must be distributed to each participating unit, entity, and nonentity donor based on the ratio of the contributions of each participating unit, entity, and nonentity donor to the total amount on deposit to the credit of the account.

(b) If the purposes of an interlocal agreement entered into by Lake County units to support the extension and improvement of rail services are achieved or abandoned, after allowing for any encumbrances and other lawful payables, any remaining balance in an account established by section 1(d) of this chapter that is unobligated, unassigned, and unreserved must be distributed to each participating unit, entity, and nonentity donor based on the ratio of the contributions of each participating unit, entity, and nonentity donor to the total amount on deposit to the credit of the account. After making the distributions, the fund must be defeased.

As added by P.L.259-2019, SEC.18.
Ind. Code § 36-1-4-8 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-8
Payment of debts
Status: in_force

Sec. 8. A unit may pay debts.

[Pre-Local Government Recodification Citations: 18-1-1.5-2(6); 18-4-2-4.]

As added by Acts 1980, P.L.211, SEC.1.
Ind. Code § 36-7-14-22.6 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-22.6
"Abutting landowner"; "offering price"; sale to abutting landowner; appraisal
Status: in_force

Sec. 22.6. (a) As used in this section, "abutting landowner" means an owner of property that:

(1) touches, borders on, or is contiguous to the property that is the subject of sale; and

(2) does not constitute a:

(A) public easement; or

(B) public right-of-way.

(b) As used in this section, "offering price" means the appraised value of real property plus all costs associated with the sale, including:

(1) appraisal fees;

(2) title insurance;

(3) recording fees; and

(4) advertising costs.

(c) If the assessed value of a tract of real property to be sold is less than fifteen thousand dollars ($15,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the commission may proceed under this section.

(d) The commission may determine that:

(1) the highest and best use of the tract is sale to an abutting landowner;

(2) the cost to the public of maintaining the tract equals or exceeds the estimated fair market value of the tract; or

(3) it is economically unjustifiable to sell the tract under section 22 of this chapter.

(e) After the commission makes a determination under subsection (d), the commission shall publish a notice in accordance with IC 5-3-1 identifying the tracts intended for sale by legal description and, if possible, by key number and street address. The notice may be published solely on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. The notice must also include the offering price, a deadline for receiving offers, and a statement that:

(1) the property may not be sold to a person who is ineligible under IC 36-1-11-16; and

(2) an offer to purchase the property submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust; and

(B) settlor empowered to revoke or modify the trust.

At the time of publication of notice under this subsection, the commission shall send notice by certified mail to all abutting landowners. This notice shall contain the same information as the published notice.

(f) The commission shall also have each tract appraised. The appraiser must be a person who is professionally engaged in making appraisals, a person licensed under IC 25-34.1, or an employee of the political subdivision who is familiar with the value of the tract. However, if the assessed value of a tract is less than ten thousand dollars ($10,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the commission is not required to have the tract appraised.

(g) If, after the deadline for receiving offers as determined in the notice, the commission receives one (1) or more eligible offers to purchase a tract listed in the notice at or in excess of the offering price, the commission shall conduct the negotiation and sale of the tract under section 22(f), 22(g), and 22(i) of this chapter to the highest and best qualified offeror.

(h) Notwithstanding subsection (g), if after the deadline for receiving offers as determined in the notice, the commission does not receive from any person other than an abutting landowner an eligible offer to purchase the tract at or in excess of the offering price, the commission shall conduct the negotiation and sale of the tract as follows:

(1) If only one (1) eligible abutting landowner makes an eligible offer to purchase the tract, then subject to IC 36-1-11-16 and without further appraisal or notice, the commission shall offer to negotiate for the sale of the tract with that abutting landowner.

(2) If more than one (1) eligible abutting landowner submits an eligible offer to purchase the tract, the tract shall be sold to the eligible abutting landowner who submits the highest eligible offer for the tract and who complies with any requirement under subsection (e)(2).

(3) If no eligible abutting landowner submits an eligible offer to purchase the tract, the commission may sell the tract to any person who submits the highest eligible offer for the tract, except a person who is ineligible to purchase the tract under IC 36-1-11-16.

As added by P.L.169-2006, SEC.71. Amended by P.L.146-2024, SEC.8.
Ind. Code § 36-1-24-12 — Indiana Code / Title 36 / Article 1 / Chapter 24 / Section 36-1-24-12
Duty to update permit information
Status: in_force

Sec. 12. If any information provided by an owner to a unit in the permit application changes, the owner shall provide updated information to the unit in writing within thirty (30) business days.

As added by P.L.73-2018, SEC.1.
Ind. Code § 36-1-4-1 — Indiana Code / Title 36 / Article 1 / Chapter 4 / Section 36-1-4-1
Application of chapter
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units.

(b) Section 11 of this chapter does not apply to townships.

[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]

As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.5.
Ind. Code § 36-8-10.6-5 — Indiana Code / Title 36 / Article 8 / Chapter 10.6 / Section 36-8-10.6-5
Department duties; curriculum; payment of costs; certificate of completion
Status: in_force

Sec. 5. The department shall do the following:

(1) Develop curriculum for the executive training program.

(2) Offer an executive training program, either in person or by electronic means, at least two (2) times per year.

(3) Pay any costs of the executive training program out of the regional public safety training fund established by IC 10-19-9.1-1.

(4) Provide a certificate of completion to any fire service personnel who complete the executive training program offered by the department.

As added by P.L.187-2021, SEC.144. Amended by P.L.201-2023, SEC.280.
Ind. Code § 36-7-29-9 — Indiana Code / Title 36 / Article 7 / Chapter 29 / Section 36-7-29-9
Local environmental response taxing districts
Status: in_force

Sec. 9. (a) A special taxing district to be known as the local environmental response taxing district is created in a city described in section 1(1) of this chapter and in a county described in section 1(2) of this chapter for the purpose of funding substance removal or remedial action for a qualified site. The district shall exist for the public purpose of protecting the health, safety, and welfare of residents in the district by substance removal or remedial action. The general assembly finds that the actions and purposes set forth in this chapter are public purposes.

(b) The district is coterminous with the territory of the unit.

As added by P.L.44-1994, SEC.11.
Ind. Code § 36-11-3-12 — Indiana Code / Title 36 / Article 11 / Chapter 3 / Section 36-11-3-12
District not an independent municipal corporation
Status: in_force

Sec. 12. A district established under this chapter is not an independent municipal corporation.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7-27-8 — Indiana Code / Title 36 / Article 7 / Chapter 27 / Section 36-7-27-8
"Incremental income tax"
Status: in_force

Sec. 8. As used in this chapter, "incremental income tax" means the remainder of:

(1) the aggregate amount of covered local income taxes paid by employees employed in a tax area with respect to wages earned for work in the tax area for a particular state fiscal year; minus

(2) the base period amount.

As added by P.L.27-1992, SEC.28.
Ind. Code § 36-10-2-6 — Indiana Code / Title 36 / Article 10 / Chapter 2 / Section 36-10-2-6
Four mile extraterritorial authority; exception for certain municipal parks
Status: in_force

Sec. 6. (a) Except as provided in subsection (b), a municipality may exercise powers granted by sections 2, 4, and 5 of this chapter in areas within four (4) miles outside its corporate boundaries.

(b) A municipality may exercise the powers granted under sections 2 and 3 of this chapter with regard to a municipal park:

(1) located within the ten (10) mile area outside the municipality's boundaries; and

(2) that is owned or operated by the municipality pursuant to a lease agreement in effect on June 30, 2019.

[Pre-Local Government Recodification Citation: 18-1-1.5-14 part.]

As added by Acts 1980, P.L.211, SEC.5. Amended by P.L.277-2019, SEC.15.
Ind. Code § 36-8-6-20 — Indiana Code / Title 36 / Article 8 / Chapter 6 / Section 36-8-6-20
Special lump sum death benefit in addition to other benefits
Status: in_force

Sec. 20. (a) As used in this section, "dies in the line of duty" has the meaning set forth in section 10.1 of this chapter.

(b) A special death benefit of one hundred fifty thousand dollars ($150,000) for a fund member who dies in the line of duty before July 1, 2020, and two hundred twenty-five thousand dollars ($225,000) for a fund member who dies in the line of duty after June 30, 2020, shall be paid in a lump sum by the Indiana public retirement system from the special death benefit fund established under IC 5-10-9.8 to the following relative of a fund member who dies in the line of duty:

(1) To the surviving spouse.

(2) If there is no surviving spouse, to the surviving children (to be shared equally).

(3) If there is no surviving spouse and there are no surviving children, to the parent or parents in equal shares.

(c) The benefit provided by this section is in addition to any other benefits provided under this chapter.

As added by P.L.223-1986, SEC.1. Amended by P.L.225-1991, SEC.1; P.L.53-1993, SEC.2; P.L.49-1998, SEC.3; P.L.35-2012, SEC.110; P.L.40-2017, SEC.19; P.L.99-2020, SEC.9.
Ind. Code § 36-9-9-13 — Indiana Code / Title 36 / Article 9 / Chapter 9 / Section 36-9-9-13
Additional hours of lighting; petitions; assessment of costs
Status: in_force

Sec. 13. (a) Whenever:

(1) a lighting service has been established in accordance with this chapter or under another contract or arrangement; and

(2) at least sixty percent (60%) of the property owners upon one (1) side of the street on a city block or blocks lighted by the service file with the municipal works board their petition requesting that the lighting service be maintained on that side of the street in the block or blocks each night for a designated number of hours in addition to the number of hours of service prescribed by the current contract, arrangement, or plans and specifications;

the works board shall grant the petition. The cost of the additional lighting shall be charged to and assessed against all of the lots or parcels of real property on the side of the street and on the city block or blocks on which additional lighting service is maintained.

(b) All proceedings for the establishment of additional service, the payments to the utility for additional service, and the making and collection of assessments and liens for additional service are governed by this chapter in the same manner as other proceedings, payments, assessments and liens.

[Pre-Local Government Recodification Citation: 19-5-24-13.]

As added by Acts 1981, P.L.309, SEC.82.
Ind. Code § 36-1-15-1 — Indiana Code / Title 36 / Article 1 / Chapter 15 / Section 36-1-15-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to:

(1) a unit; and

(2) any other political subdivision for which a statute imposes an assessed value limitation on the aggregate amount of bonds that the political subdivision may issue.

As added by P.L.6-1997, SEC.203.
Ind. Code § 36-7-23-58 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-58
Financing methods
Status: in_force

Sec. 58. The infrastructure, or any part of the infrastructure, to be financed under this chapter, may be financed by any one (1) or more or any combination of one (1) or more of the methods provided for in this chapter. The authority may pledge any money or mortgage or pledge property available to it under this chapter as set forth in IC 5-1-14-4 and any member may pledge any money or mortgage or pledge property available to it to the authority as set forth in the agreement creating the authority. Any such pledge or mortgage by a member to the authority shall be governed by and binding under IC 5-1-14-4.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.20.
Ind. Code § 36-10-16-34 — Indiana Code / Title 36 / Article 10 / Chapter 16 / Section 36-10-16-34
Purchase of economic improvement project
Status: in_force

Sec. 34. (a) An eligible participant or Indiana nonprofit may sell to the commission one (1) or more economic improvement projects or parts of an economic improvement project or land on which an economic improvement project is located or is to be constructed.

(b) An eligible participant may sell property to the commission for the amount the eligible participant determines to be in the best interest of the eligible participant.

As added by P.L.141-2025, SEC.1.
Ind. Code § 36-12-11-2 — Indiana Code / Title 36 / Article 12 / Chapter 11 / Section 36-12-11-2
"Board"
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 2. As used in this chapter, "board" refers to the Indiana library and historical board established by IC 4-23-7-2.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-12-1.1.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-7-4-1406 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-1406
Written findings constitute final decision
Status: in_force

Sec. 1406. (a) A plan commission shall make written findings concerning each decision to approve or disapprove a development plan. The zoning ordinance must designate an official who is responsible for signing written findings of the plan commission.

(b) Except as provided in section 1404(c) of this chapter, a decision of the plan commission approving or disapproving a development plan or a decision made under section 1405(b) of this chapter is a final decision of the plan commission that may be reviewed only as provided in section 1016 of this chapter.

As added by P.L.320-1995, SEC.29.
Ind. Code § 36-7-12-25 — Indiana Code / Title 36 / Article 7 / Chapter 12 / Section 36-7-12-25
Approval of proposed financing by unit; authorization bond issuance; approval of changes
Status: in_force

Sec. 25. (a) If the fiscal body of the unit proposing to issue the bonds finds that the financing approved under section 24 of this chapter will be of benefit to the health or general welfare of the unit proposing to issue the bonds the unit where the facilities are to be located, or both, and complies with this chapter, it may adopt an ordinance approving the proposed financing in the form that the financing was approved by the economic development commission or as modified by the fiscal body in its discretion.

(b) The ordinance may also authorize the issuance of bonds payable solely from revenues and receipts derived from the financing agreement or from payments made under a guaranty agreement by developers, users, or related persons. The bonds are not in any respect a general obligation of the unit, nor are they payable in any manner from revenues raised by taxation.

(c) The financing agreements, trust indentures (if any), and bonds must be executed by the:

(1) executive; and

(2) clerk of the fiscal body;

of the unit approving the financing. These officials may by their execution approve changes therein without further approval of the fiscal body or the economic development commission of the unit if such changes do not affect terms contained in the ordinance pursuant to section 27(a)(1) through (a)(10) of this chapter and if the ordinance authorizes these officials to approve such changes.

[Pre-Local Government Recodification Citation: 18-6-4.5-18.]

As added by Acts 1981, P.L.309, SEC.31. Amended by Acts 1982, P.L.28, SEC.5; P.L.25-1987, SEC.52.
Ind. Code § 36-6-1.7-1 — Indiana Code / Title 36 / Article 6 / Chapter 1.7 / Section 36-6-1.7-1
Applicability
Status: in_force

Sec. 1. This chapter does not apply to a county having a consolidated city.

As added by P.L.134-2026, SEC.9.
Ind. Code § 36-9-25-5 — Indiana Code / Title 36 / Article 9 / Chapter 25 / Section 36-9-25-5
Commissioners; removal from office; appeals
Status: in_force

Sec. 5. (a) A commissioner may not be removed from office except upon charges preferred before the municipal executive and a hearing held on them. The only permissible reasons for removal are neglect of duty and incompetence. The commissioner must be given at least ten (10) days' notice of the time and place of the hearing and the opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The municipal executive shall put the municipal executive's findings in writing and file them with the municipal clerk.

(b) If the charges are sustained and the commissioner removed, the commissioner may appeal the findings within ten (10) days after the date they are filed with the clerk to the circuit or superior court of the county in which the municipality is located. The commissioner shall file an original complaint against the executive, stating the charges preferred and the findings made. The court shall hear the appeal within thirty (30) days after it is filed without a jury and shall either ratify or reverse the finding of the executive. The judgment of the court is final and an appeal may not be taken.

[Pre-Local Government Recodification Citation: 19-2-14-1 part.]

As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.317.
Ind. Code § 36-2-10-24 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-24
Personal liability
Status: in_force

Sec. 24. Except as provided in IC 5-11, a county treasurer is not personally liable for any act or omission occurring in connection with the performance of the county treasurer's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of county treasurer.

As added by P.L.98-2000, SEC.20. Amended by P.L.58-2023, SEC.19.
Ind. Code § 36-9-36-19 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-19
Levy and collection of assessments for construction or repair of sidewalk or curb
Status: in_force

Sec. 19. (a) Assessments for the construction or repair of sidewalks or curbs shall be levied and collected according to this chapter.

(b) The entire cost of the sidewalk or curb improvements or repairs that the board undertakes by one (1) resolution shall be assessed and apportioned against each lot or parcel of property abutting on the improvement in the proportion the improved lineal front footage of each lot or parcel of property bears to the entire length of the improvement.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-9-29-7 — Indiana Code / Title 36 / Article 9 / Chapter 29 / Section 36-9-29-7
Special taxing district for flood control purposes; special benefit tax
Status: in_force

Sec. 7. Upon the entry of a decree under section 5 of this chapter, a flood control district constitutes a special taxing district for flood control purposes. All property in the district is subject to a special benefit tax for the purpose of providing money to pay the cost of constructing and maintaining the flood control works. The special benefit tax, which shall be levied in the manner prescribed by this chapter, constitutes the amount of special benefits accruing to property in the district on account of the construction and maintenance of the works.

[Pre-Local Government Recodification Citation: 19-4-18-4 part.]

As added by Acts 1981, P.L.309, SEC.105.
Ind. Code § 36-12-6-2 — Indiana Code / Title 36 / Article 12 / Chapter 6 / Section 36-12-6-2
Library board; appointment; residency; powers and duties
Status: in_force

Sec. 2. Four (4) citizens who have resided at least two (2) years in the county contractual library district shall be appointed to a library board under IC 36-12-2-17. The four (4) members, and the members of the library board of the public library extending service, comprise a separate library board that shall exercise all powers and duties pertaining to library service. The library board of the county contractual public library shall be known and designated as the Board of Trustees of __________ County Contractual Public Library. The members of the library board of the public library extending service to the county shall continue:

(1) as a separate board; and

(2) to exercise all powers and duties pertaining to library service to the board's original library district.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-6-5.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-9-32-11 — Indiana Code / Title 36 / Article 9 / Chapter 32 / Section 36-9-32-11
Liability for property and special taxing district taxes
Status: in_force

Sec. 11. Any person entering into a loan agreement with a municipality under this chapter is liable for property taxes, and special taxing district taxes for any public improvements, if special benefits are provided to that person together with other persons residing in the special taxing district. This section does not deny any tax exemption that such a person may have under other statutes because of the nature of that person's property or that person.

As added by P.L.23-1984, SEC.18.
Ind. Code § 36-10-9.1-14 — Indiana Code / Title 36 / Article 10 / Chapter 9.1 / Section 36-10-9.1-14
Leases; exclusivity of provisions of this chapter
Status: in_force

Sec. 14. This chapter contains full and complete authority for leases between the authority and the capital improvement board. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board or the capital improvement board or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this chapter.

As added by P.L.82-1985, SEC.12.
Ind. Code § 36-12-5-11 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-11
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-9.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.42-2018, SEC.44.
Ind. Code § 36-2-10-2 — Indiana Code / Title 36 / Article 2 / Chapter 10 / Section 36-2-10-2
Residence; term of office
Status: in_force

Sec. 2. (a) The county treasurer must reside within the county as provided in Article 6, Section 6 of the Constitution of the State of Indiana. The treasurer forfeits office if the treasurer ceases to be a resident of the county.

(b) The term of office of the county treasurer under Article 6, Section 2 of the Constitution of the State of Indiana is four (4) years and continues until a successor is elected and qualified.

[Pre-Local Government Recodification Citations: 17-3-32-1 part; 17-3-33-1.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.3-1987, SEC.545.
Ind. Code § 36-7-14.5-4 — Indiana Code / Title 36 / Article 7 / Chapter 14.5 / Section 36-7-14.5-4
"Bonds" defined
Status: in_force

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness issued by the authority.

As added by P.L.380-1987(ss), SEC.18.
Ind. Code § 36-7-7.5-7 — Indiana Code / Title 36 / Article 7 / Chapter 7.5 / Section 36-7-7.5-7
Jurisdiction; priority over planning and zoning authority
Status: in_force

Sec. 7. Notwithstanding any other law, a planning and zoning authority other than a commission established under this chapter may not exercise jurisdiction in any territory that is under the jurisdiction of the commission.

As added by P.L.168-1990, SEC.1.
Ind. Code § 36-7.7-2-6 — Indiana Code / Title 36 / Article 7.7 / Chapter 2 / Section 36-7.7-2-6
"Economic development project"
Status: in_force

Sec. 6. "Economic development project" means an economic development project described in IC 6-3.6-2-8.

As added by P.L.83-2020, SEC.2.
Ind. Code § 36-1-10.5-1 — Indiana Code / Title 36 / Article 1 / Chapter 10.5 / Section 36-1-10.5-1
Application of chapter
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to:

(1) political subdivisions; and

(2) their agencies.

(b) This chapter does not apply to the purchase of:

(1) real property having a total price (including land and structures, if any) of twenty-five thousand dollars ($25,000) or less;

(2) airport land or structures under IC 8-22;

(3) library land or structures under IC 36-12;

(4) school land or structures under IC 20-47;

(5) hospital land or structures by a hospital or health and hospital corporation established and operated under IC 16-22 or IC 16-23;

(6) land or structures acquired for a road or street right-of-way for a federal-aid project funded in any part under 23 U.S.C. 101 et seq.;

(7) land or structures by redevelopment commissions under IC 36-7-14 or IC 36-7-15.1, or redevelopment authorities under IC 36-7-14.5;

(8) land by a municipally owned water utility, if:

(A) the municipally owned water utility has performed or contracted with another party to perform sampling and drilling tests of the land; and

(B) the sampling and drilling tests indicate the land has water resources; or

(9) land or structures acquired for railroad right-of-way or other railroad purposes for a federal aid project funded in any part under 49 U.S.C. 103 et seq.

As added by P.L.336-1987, SEC.1. Amended by P.L.188-1988, SEC.4; P.L.114-1989, SEC.2; P.L.2-1993, SEC.197; P.L.221-1997, SEC.1; P.L.1-2005, SEC.233; P.L.2-2006, SEC.187; P.L.194-2007, SEC.11; P.L.146-2017, SEC.13.
Ind. Code § 36-7-2.5-32 — Indiana Code / Title 36 / Article 7 / Chapter 2.5 / Section 36-7-2.5-32
Unit must accept private provider's complete plan review report
Status: in_force

Sec. 32. When a private provider submits a complete inspection report is submitted to the unit, the unit shall accept the private provider's inspection report without further inspection or approval by:

(1) the inspectors; or

(2) other personnel employed by the unit.

As added by P.L.146-2025, SEC.4.
Ind. Code § 36-9-36-35 — Indiana Code / Title 36 / Article 9 / Chapter 36 / Section 36-9-36-35
Delivery of primary assessment roll; payment of assessments to disbursing officer
Status: in_force

Sec. 35. (a) The works board shall deliver a certified copy of the assessment roll completed under section 34 of this chapter to the disbursing officer of the unit after the works board:

(1) approves and accepts the entire work under any contract; and

(2) allows a final estimate.

(b) The duplicate assessment roll, to be known as the primary assessment roll, must show the following:

(1) The amount due on each piece of property if paid in cash within the time limit.

(2) The amount of waivers filed.

(c) The primary assessment roll must also have an appropriate column in which payments may be properly credited by the disbursing officer.

(d) This subsection does not apply to a county. All assessments, regardless of whether the assessments are payable in installments, are payable to the disbursing officer. The disbursing officer shall receive the payments, give proper receipts, and enter the proper credit.

As added by P.L.98-1993, SEC.7.
Ind. Code § 36-12-7-7 — Indiana Code / Title 36 / Article 12 / Chapter 7 / Section 36-12-7-7
Board of 1899 township library; appointment of members; powers and duties; tax levy; free use
Status: in_force

Sec. 7. (a) The library board of a library established as an 1899 township library consists of the school township trustee in the township where the library is located and two (2) residents of the township who are appointed by the board of commissioners of the county where the library is located. Appointments are for a term of four (4) years. Members of the library board serve without compensation.

(b) The library board:

(1) shall control the purchase of books and the management of the library;

(2) shall possess and retain custody of any books remaining in the old township library in the township where the library is located;

(3) may receive donations, bequests, and legacies on behalf of the library; and

(4) may receive copies of all documents of the state available for distribution from the director of the state library.

(c) The 1899 township library is the property of the township. The township trustee is responsible for the safe preservation of the township library.

(d) Two (2) or more adjacent townships may unite to maintain a township library. The library is controlled by either:

(1) a combined library board, which consists of each of the uniting township boards appointed under subsection (a); or

(2) the one (1) township library board appointed under subsection (a) of the uniting townships that receives funding for the operation of the uniting township library.

(e) The legislative body of any township that contains a library established as an 1899 township library may levy a tax annually of not more than three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property assessed for taxation in the township. If the legislative body does not levy the tax, a petition signed by at least the number of registered voters required under IC 3-8-6-3 to place a candidate on the ballot may be filed with the circuit court clerk, who:

(1) shall determine if an adequate number of voters have signed the petition; and

(2) if an adequate number of voters have signed the petition, shall certify the public question to the county election board under IC 3-10-9-3. The county election board shall then cause to be printed on the ballot for the township the following question in the form prescribed by IC 3-10-9-4: "Shall a township library tax be levied?".

If a majority of the votes cast on the question in subdivision (2) are in the affirmative, the township trustee shall annually levy a tax of not less than one and sixty-seven hundredths cents ($0.0167) and not more than three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable property in the township for the establishment and support of a township library. The township tax shall be levied, assessed, collected, and paid according to the procedure outlined in IC 6-1.1.

(f) The tax levy under subsection (e) shall be discontinued when the question of discontinuing the levy has been submitted to a vote according to the procedure provided in subsection (e) and the majority of the votes cast on the question is in the negative.

(g) If a public library that is open for the use of all the residents of the township is located in the township, the proceeds of the tax collected under subsection (e) shall be paid to that public library.

(h) In a township outside a city that contains a library:

(1) established by private donations of the value of at least ten thousand dollars ($10,000), including the real estate and buildings used for the library; and

(2) used for the benefit of all the inhabitants of the township;

the township trustee of the township shall annually levy and collect not more than two cents ($0.02) on each one hundred dollars ($100) upon the taxable property within the limits of the township. The money shall be paid to the trustees of the library, to be applied by the trustees for the purchase of books and the payment of the maintenance costs for the library. When it becomes necessary to purchase additional ground for the extension or protection of library buildings already established by private donation, the trustee, with the consent of the county legislative body, may annually levy and collect not more than one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of taxable property of the township for not more than three (3) years successively, to be expended by the trustees for the purchase of property and the construction and enlargement of library buildings.

(i) The 1899 township library is free to all the residents of the township.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-5.1.]

As added by P.L.1-2005, SEC.49. Amended by P.L.233-2015, SEC.348.
Ind. Code § 36-1-11-4.1 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-4.1
Sale or transfer of real property, including provision for leaseback; notice; bids
Status: in_force

Sec. 4.1. (a) This section applies to a disposing agent who wants to sell or transfer real property, and as a condition of sale, includes a provision for a leaseback or leaseback with option to repurchase.

(b) The disposing agent shall publish notice in accordance with IC 5-3-1 setting forth the terms and conditions of the sale. The notice must state the following:

(1) Bids will be received beginning on a specific date.

(2) The sale will continue from day to day for a period determined by the disposing agent of not more than sixty (60) days.

(3) The property may not be sold or transferred to a person who is ineligible under section 16 of this chapter.

(4) A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:

(A) beneficiary of the trust; and

(B) settlor empowered to revoke or modify the trust.

(c) A bid must be open to public inspection.

(d) After the period for receiving bids has expired, a disposing agent may sell the property to the highest and best eligible bidder. The highest and best eligible bidder must have complied with any requirement under subsection (b)(4).

(e) IC 36-1-10 does not apply to this section.

As added by Acts 1982, P.L.208, SEC.4. Amended by P.L.60-1988, SEC.26; P.L.336-1989(ss), SEC.46.
Ind. Code § 36-7-11.5-1 — Indiana Code / Title 36 / Article 7 / Chapter 11.5 / Section 36-7-11.5-1
Definitions
Status: in_force

Sec. 1. (a) As used in this chapter, "development commission" refers to the Orange County development commission established by section 3.5 of this chapter.

(b) As used in this chapter, "historic hotel" has the meaning set forth in IC 4-33-2-11.1.

(c) As used in this chapter, "hotel riverboat resort" refers to the historic hotels, the riverboat operated under IC 4-33-6.5, and other properties operated in conjunction with the riverboat enterprise located in Orange County.

(d) As used in this chapter, "qualified historic hotel" refers to a historic hotel that has an atrium that includes a dome that is at least two hundred (200) feet in diameter.

As added by P.L.92-2003, SEC.62. Amended by P.L.234-2007, SEC.282; P.L.114-2022, SEC.29.
Ind. Code § 36-7-15.1-26 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-26-b
Real property tax allocation and distribution
Status: in_force

Note: This version of section effective 7-1-2026. See also previous version of this section, effective until 7-1-2026.

Sec. 26. (a) As used in this section:

"Allocation area" means that part of a redevelopment project area to which an allocation provision of a resolution adopted under section 8 of this chapter refers for purposes of distribution and allocation of property taxes.

"Base assessed value" means, subject to subsection (j), the following:

(1) If an allocation provision is adopted after June 30, 1995, in a declaratory resolution or an amendment to a declaratory resolution establishing an economic development area:

(A) the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h); plus

(B) to the extent that it is not included in clause (A), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, within the allocation area, as finally determined for the current assessment date.

(2) If an allocation provision is adopted after June 30, 1997, in a declaratory resolution or an amendment to a declaratory resolution establishing a redevelopment project area:

(A) the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h); plus

(B) to the extent that it is not included in clause (A), the net assessed value of property that is assessed as residential property under the rules of the department of local government finance, within the allocation area, as finally determined for the current assessment date.

(3) If:

(A) an allocation provision adopted before June 30, 1995, in a declaratory resolution or an amendment to a declaratory resolution establishing a redevelopment project area expires after June 30, 1997; and

(B) after June 30, 1997, a new allocation provision is included in an amendment to the declaratory resolution;

the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision adopted after June 30, 1997, as adjusted under subsection (h).

(4) Except as provided in subdivision (5), for all other allocation areas, the net assessed value of all the property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the declaratory resolution, as adjusted under subsection (h).

(5) If an allocation area established in an economic development area before July 1, 1995, is expanded after June 30, 1995, the definition in subdivision (1) applies to the expanded part of the area added after June 30, 1995.

(6) If an allocation area established in a redevelopment project area before July 1, 1997, is expanded after June 30, 1997, the definition in subdivision (2) applies to the expanded part of the area added after June 30, 1997.

Except as provided in section 26.2 of this chapter, "property taxes" means taxes imposed under IC 6-1.1 on real property. However, upon approval by a resolution of the redevelopment commission adopted before June 1, 1987, "property taxes" also includes taxes imposed under IC 6-1.1 on depreciable personal property. If a redevelopment commission adopted before June 1, 1987, a resolution to include within the definition of property taxes, taxes imposed under IC 6-1.1 on depreciable personal property that has a useful life in excess of eight (8) years, the commission may by resolution determine the percentage of taxes imposed under IC 6-1.1 on all depreciable personal property that will be included within the definition of property taxes. However, the percentage included must not exceed twenty-five percent (25%) of the taxes imposed under IC 6-1.1 on all depreciable personal property.

(b) A resolution adopted under section 8 of this chapter on or before the allocation deadline determined under subsection (i) may include a provision with respect to the allocation and distribution of property taxes for the purposes and in the manner provided in this section. A resolution previously adopted may include an allocation provision by the amendment of that resolution on or before the allocation deadline determined under subsection (i) in accordance with the procedures required for its original adoption. A declaratory resolution or amendment that establishes an allocation provision must include a specific finding of fact, supported by evidence, that the adoption of the allocation provision will result in new property taxes in the area that would not have been generated but for the adoption of the allocation provision. For an allocation area established before July 1, 1995, the expiration date of any allocation provisions for the allocation area is June 30, 2025, or the last date of any obligations that are outstanding on July 1, 2015, whichever is later. However, for an allocation area identified as the Consolidated Allocation Area in the report submitted in 2013 to the fiscal body under section 36.3 of this chapter, the expiration date of any allocation provisions for the allocation area is January 1, 2051. A declaratory resolution or an amendment that establishes an allocation provision after June 30, 1995, must specify an expiration date for the allocation provision. For an allocation area established before July 1, 2008, the expiration date may not be more than thirty (30) years after the date on which the allocation provision is established. For an allocation area established after June 30, 2008, the expiration date may not be more than twenty-five (25) years after the date on which the first obligation was incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues. However, with respect to bonds or other obligations that were issued before July 1, 2008, if any of the bonds or other obligations that were scheduled when issued to mature before the specified expiration date and that are payable only from allocated tax proceeds with respect to the allocation area remain outstanding as of the expiration date, the allocation provision does not expire until all of the bonds or other obligations are no longer outstanding. The allocation provision may apply to all or part of the redevelopment project area. The allocation provision must require that any property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area be allocated and distributed as follows:

(1) Except as otherwise provided in this section, the proceeds of the taxes attributable to the lesser of:

(A) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or

(B) the base assessed value;

shall be allocated to and, when collected, paid into the funds of the respective taxing units.

(2) The excess of the proceeds of the property taxes imposed for the assessment date with respect to which the allocation and distribution is made that are attributable to taxes imposed after being approved by the voters in a referendum or local public question conducted after April 30, 2010, not otherwise included in subdivision (1) shall be allocated to and, when collected, paid into the funds of the taxing unit for which the referendum or local public question was conducted.

(3) Except as otherwise provided in this section, property tax proceeds in excess of those described in subdivisions (1) and (2) shall be allocated to the redevelopment district and, when collected, paid into a special fund for that allocation area that may be used by the redevelopment district only to do one (1) or more of the following:

(A) Pay the principal of and interest on any obligations payable solely from allocated tax proceeds that are incurred by the redevelopment district for the purpose of financing or refinancing the redevelopment of that allocation area.

(B) Establish, augment, or restore the debt service reserve for bonds payable solely or in part from allocated tax proceeds in that allocation area.

(C) Pay the principal of and interest on bonds payable from allocated tax proceeds in that allocation area and from the special tax levied under section 19 of this chapter.

(D) Pay the principal of and interest on bonds issued by the consolidated city to pay for local public improvements that are physically located in or physically connected to that allocation area.

(E) Pay premiums on the redemption before maturity of bonds payable solely or in part from allocated tax proceeds in that allocation area.

(F) Make payments on leases payable from allocated tax proceeds in that allocation area under section 17.1 of this chapter.

(G) Reimburse the consolidated city for expenditures for local public improvements (which include buildings, parking facilities, and other items set forth in section 17 of this chapter) that are physically located in or physically connected to that allocation area.

(H) Reimburse the unit for rentals paid by it for a building or parking facility that is physically located in or physically connected to that allocation area under any lease entered into under IC 36-1-10.

(I) Reimburse public and private entities for expenses incurred in training employees of industrial facilities that are located:

(i) in the allocation area; and

(ii) on a parcel of real property that has been classified as industrial property under the rules of the department of local government finance.

However, the total amount of money spent for this purpose in any year may not exceed the total amount of money in the allocation fund that is attributable to property taxes paid by the industrial facilities described in this clause. The reimbursements under this clause must be made within three (3) years after the date on which the investments that are the basis for the increment financing are made.

(J) Pay the costs of carrying out an eligible efficiency project (as defined in IC 36-9-41-1.5) within the unit that established the redevelopment commission. However, property tax proceeds may be used under this clause to pay the costs of carrying out an eligible efficiency project only if those property tax proceeds exceed the amount necessary to do the following:

(i) Make, when due, any payments required under clauses (A) through (I), including any payments of principal and interest on bonds and other obligations payable under this subdivision, any payments of premiums under this subdivision on the redemption before maturity of bonds, and any payments on leases payable under this subdivision.

(ii) Make any reimbursements required under this subdivision.

(iii) Pay any expenses required under this subdivision.

(iv) Establish, augment, or restore any debt service reserve under this subdivision.

(K) Expend money and provide financial assistance as authorized in section 7(a)(21) of this chapter.

(L) Expend money or provide financial assistance (including grants and loans) to entities for the purpose of encouraging or incentivizing the construction, expansion, or ongoing operation of child care facilities that are in the allocation area or serving the allocation area.

The special fund may not be used for operating expenses of the commission.

(4) Before June 15 of each year, the commission shall do the following:

(A) Determine the amount, if any, by which the assessed value of the taxable property in the allocation area for the most recent assessment date minus the base assessed value, when multiplied by the estimated tax rate of the allocation area will exceed the amount of assessed value needed to provide the property taxes necessary to make, when due, principal and interest payments on bonds described in subdivision (3) plus the amount necessary for other purposes described in subdivision (3) and subsection (g).

(B) Provide a written notice to the county auditor, the legislative body of the consolidated city, the officers who are authorized to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 for each of the other taxing units that is wholly or partly located within the allocation area, and (in an electronic format) the department of local government finance. The notice must:

(i) state the amount, if any, of excess assessed value that the commission has determined may be allocated to the respective taxing units in the manner prescribed in subdivision (1); or

(ii) state that the commission has determined that there is no excess assessed value that may be allocated to the respective taxing units in the manner prescribed in subdivision (1).

The county auditor shall allocate to the respective taxing units the amount, if any, of excess assessed value determined by the commission. The commission may not authorize an allocation to the respective taxing units under this subdivision if to do so would endanger the interests of the holders of bonds described in subdivision (3). If a commission fails to provide the notice under this clause, the county auditor shall allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units. However, if the commission notifies the county auditor and the department of local government finance, no later than July 1, that it is unable to meet its debt service obligations with regard to the allocation area without all or part of the allocated tax proceeds attributed to the assessed value that has been allocated to the respective taxing units, then the county auditor may not allocate five percent (5%) of the assessed value in the allocation area that is used to calculate the allocation and distribution of allocated tax proceeds under this section to the respective taxing units.

(C) If:

(i) the amount of excess assessed value determined by the commission is expected to generate more than two hundred percent (200%) of the amount of allocated tax proceeds necessary to make, when due, principal and interest payments on bonds described in subdivision (3); plus

(ii) the amount necessary for other purposes described in subdivision (3) and subsection (g);

the commission shall submit to the legislative body of the unit the commission's determination of the excess assessed value that the commission proposes to allocate to the respective taxing units in the manner prescribed in subdivision (1). The legislative body of the unit may approve the commission's determination or modify the amount of the excess assessed value that will be allocated to the respective taxing units in the manner prescribed in subdivision (1).

(c) For the purpose of allocating taxes levied by or for any taxing unit or units, the assessed value of taxable property in a territory in the allocation area that is annexed by any taxing unit after the effective date of the allocation provision of the resolution is the lesser of:

(1) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made; or

(2) the base assessed value.

(d) Property tax proceeds allocable to the redevelopment district under subsection (b)(3) may, subject to subsection (b)(4), be irrevocably pledged by the redevelopment district for payment as set forth in subsection (b)(3).

(e) Notwithstanding any other law, each assessor shall, upon petition of the commission, reassess the taxable property situated upon or in, or added to, the allocation area, effective on the next assessment date after the petition.

(f) Notwithstanding any other law, the assessed value of all taxable property in the allocation area, for purposes of tax limitation, property tax replacement, and formulation of the budget, tax rate, and tax levy for each political subdivision in which the property is located is the lesser of:

(1) the assessed value of the property as valued without regard to this section; or

(2) the base assessed value.

(g) If any part of the allocation area is located in an enterprise zone created under IC 5-28-15, the unit that designated the allocation area shall create funds as specified in this subsection. A unit that has obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish an allocation fund for the purposes specified in subsection (b)(3) and a special zone fund. Such a unit shall, until the end of the enterprise zone phase out period, deposit each year in the special zone fund the amount in the allocation fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone that exceeds the amount sufficient for the purposes specified in subsection (b)(3) for the year. A unit that has no obligations, bonds, or leases payable from allocated tax proceeds under subsection (b)(3) shall establish a special zone fund and deposit all the property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) in the fund derived from property tax proceeds in excess of those described in subsection (b)(1) and (b)(2) from property located in the enterprise zone. The unit that creates the special zone fund shall use the fund, based on the recommendations of the urban enterprise association, for one (1) or more of the following purposes:

(1) To pay for programs in job training, job enrichment, and basic skill development designed to benefit residents and employers in the enterprise zone. The programs must reserve at least one-half (1/2) of the enrollment in any session for residents of the enterprise zone.

(2) To make loans and grants for the purpose of stimulating business activity in the enterprise zone or providing employment for enterprise zone residents in the enterprise zone. These loans and grants may be made to the following:

(A) Businesses operating in the enterprise zone.

(B) Businesses that will move their operations to the enterprise zone if such a loan or grant is made.

(3) To provide funds to carry out other purposes specified in subsection (b)(3). However, where reference is made in subsection (b)(3) to the allocation area, the reference refers for purposes of payments from the special zone fund only to that part of the allocation area that is also located in the enterprise zone.

(h) The state board of accounts and department of local government finance shall make the rules and prescribe the forms and procedures that they consider expedient for the implementation of this chapter. After each reassessment under a reassessment plan prepared under IC 6-1.1-4-4.2, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value one (1) time to neutralize any effect of the reassessment of the real property in the area on the property tax proceeds allocated to the redevelopment district under this section. After each annual adjustment under IC 6-1.1-4-4.5, the county auditor shall, on forms prescribed by the department of local government finance, adjust the base assessed value to neutralize any effect of the annual adjustment on the property tax proceeds allocated to the redevelopment district under this section. However, the adjustments under this subsection may not include the effect of property tax abatements under IC 6-1.1-12.1, and these adjustments may not produce less property tax proceeds allocable to the redevelopment district under subsection (b)(3) than would otherwise have been received if the reassessment under the reassessment plan or annual adjustment had not occurred. The county auditor shall, in the manner prescribed by the department of local government finance, submit the forms required by this subsection to the department of local government finance no later than July 15 of each year.

(i) The allocation deadline referred to in subsection (b) is determined in the following manner:

(1) The initial allocation deadline is December 31, 2011.

(2) Subject to subdivision (3), the initial allocation deadline and subsequent allocation deadlines are automatically extended in increments of five (5) years, so that allocation deadlines subsequent to the initial allocation deadline fall on December 31, 2016, and December 31 of each fifth year thereafter.

(3) At least one (1) year before the date of an allocation deadline determined under subdivision (2), the general assembly may enact a law that:

(A) terminates the automatic extension of allocation deadlines under subdivision (2); and

(B) specifically designates a particular date as the final allocation deadline.

(j) If the commission adopts a declaratory resolution or an amendment to a declaratory resolution that contains an allocation provision and the commission makes either of the filings required under section 10(e) of this chapter after the first anniversary of the effective date of the allocation provision, the auditor of the county in which the unit is located shall compute the base assessed value for the allocation area using the assessment date immediately preceding the later of:

(1) the date on which the documents are filed with the county auditor; or

(2) the date on which the documents are filed with the department of local government finance.

(k) For an allocation area established after June 30, 2024, "residential property" refers to the assessed value of property that is allocated to the one percent (1%) homestead land and improvement categories in the county tax and billing software system.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.72-1983, SEC.8; P.L.393-1987(ss), SEC.7; P.L.37-1988, SEC.26; P.L.14-1991, SEC.23; P.L.41-1992, SEC.7; P.L.18-1992, SEC.27; P.L.2-1995, SEC.134; P.L.25-1995, SEC.89; P.L.85-1995, SEC.41; P.L.255-1997(ss), SEC.17; P.L.90-2002, SEC.479; P.L.4-2005, SEC.138; P.L.185-2005, SEC.38; P.L.216-2005, SEC.7; P.L.154-2006, SEC.77; P.L.146-2008, SEC.755; P.L.88-2009, SEC.14; P.L.182-2009(ss), SEC.406; P.L.203-2011, SEC.14; P.L.112-2012, SEC.56; P.L.149-2014, SEC.36; P.L.95-2014, SEC.5; P.L.87-2015, SEC.8; P.L.184-2016, SEC.32; P.L.180-2016, SEC.23; P.L.86-2018, SEC.345; P.L.214-2019, SEC.39; P.L.257-2019, SEC.126; P.L.156-2020, SEC.140; P.L.174-2022, SEC.72; P.L.68-2025, SEC.235; P.L.157-2026, SEC.243; P.L.58-2026, SEC.7; P.L.157-2026, SEC.244; P.L.58-2026, SEC.8; P.L.157-2026, SEC.245; P.L.157-2026, SEC.246.
Ind. Code § 36-2-2-4.5 — Indiana Code / Title 36 / Article 2 / Chapter 2 / Section 36-2-2-4.5
Repealed
Status: repealed

As added by P.L.3-1993, SEC.256. Repealed by P.L.169-2022, SEC.11.
Ind. Code § 36-11-9-4 — Indiana Code / Title 36 / Article 11 / Chapter 9 / Section 36-11-9-4
Establishment of rates and charges after public hearing
Status: in_force

Sec. 4. The governing body shall establish the rates and charges after a public hearing at which all:

(1) the owners of systems; and

(2) others interested;

have an opportunity to be heard concerning the proposed rates and charges.

As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Ind. Code § 36-7-5.1-17 — Indiana Code / Title 36 / Article 7 / Chapter 5.1 / Section 36-7-5.1-17
Duties of commission
Status: in_force

Sec. 17. The commission has the duties listed in IC 36-7-4-401 to the extent those duties are consistent with this chapter.

As added by P.L.300-1989, SEC.2.
Ind. Code § 36-6-8-3 — Indiana Code / Title 36 / Article 6 / Chapter 8 / Section 36-6-8-3
Executive; office expenses; mileage allowance; annual appropriations
Status: in_force

Sec. 3. (a) The annual appropriations to a township executive for the expenses of renting an office and telephone and telegraph expenses must, as nearly as is possible, be equal to the actual cost of those items. If the township executive uses a part of the executive's residence for an office, the township legislative body shall appropriate a reasonable sum for that office space.

(b) The township executive is entitled to a sum for mileage in the performance of official duties equal to the sum per mile paid to state officers and employees. However, this subsection does not apply when the township executive uses a township vehicle in the performance of official duties.

[Pre-Local Government Recodification Citation: 17-4-1-14 part.]

As added by Acts 1980, P.L.212, SEC.5. Amended by Acts 1980, P.L.125, SEC.30; P.L.302-1989, SEC.2.
Ind. Code § 36-7.5-1-15.6 — Indiana Code / Title 36 / Article 7.5 / Chapter 1 / Section 36-7.5-1-15.6
"Regional transportation authority project"
Status: in_force

Sec. 15.6. "Regional transportation authority project" means a project that can be financed with the proceeds of bonds issued by a regional transportation authority under IC 36-9-3.

As added by P.L.47-2006, SEC.53.
Ind. Code § 36-8-17-4.5 — Indiana Code / Title 36 / Article 8 / Chapter 17 / Section 36-8-17-4.5
"Department"
Status: in_force

Sec. 4.5. As used in this chapter, "department" refers to the department of homeland security established by IC 10-19-2-1.

As added by P.L.187-2021, SEC.146.
Ind. Code § 36-10-7.5-25 — Indiana Code / Title 36 / Article 10 / Chapter 7.5 / Section 36-10-7.5-25
Tax levy; district bond fund
Status: in_force

Sec. 25. (a) To raise money to pay all bonds issued under this chapter, the fiscal body shall levy annually a special tax upon all of the real and personal property located in the district sufficient to pay the principal of the bonds as the bonds mature, including accrued interest. The fiscal body shall have the tax to be levied each year certified to the auditor of the county in which the township is located at the time for certification of tax levies. The tax shall be collected and enforced by the county treasurer in the same manner as other taxes are collected and enforced.

(b) As the tax is collected, the tax shall be accumulated and kept in a separate fund to be known as the district bond fund. The tax shall be applied to the payment of the bonds and interest as the bonds mature and may not be used for another purpose.

As added by P.L.157-1991, SEC.15.
Ind. Code § 36-9-7-1 — Indiana Code / Title 36 / Article 9 / Chapter 7 / Section 36-9-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all cities.

[Pre-Local Government Recodification Citations: 18-4-19-1 part; 18-4-19-7 part; 18-4-19-8 part.]

As added by Acts 1981, P.L.309, SEC.80.
Ind. Code § 36-4-6-1 — Indiana Code / Title 36 / Article 4 / Chapter 6 / Section 36-4-6-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to second and third class cities.

[Local Government Recodification Citation: New.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.42.
Ind. Code § 36-7-1-15 — Indiana Code / Title 36 / Article 7 / Chapter 1 / Section 36-7-1-15
"Planning department"
Status: in_force

Sec. 15. "Planning department" refers to an area planning department under the area planning law.

[Pre-Local Government Recodification Citations: 18-7-4-113; 18-7-4-2 part; 18-7-5-3 part.]

As added by Acts 1981, P.L.309, SEC.15.
Ind. Code § 36-7-14-0.5 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-0.5
Definitions
Status: in_force

Sec. 0.5. (a) The definitions in this section apply throughout this chapter.

(b) "Mixed use development project" means a development project that will provide more than one (1) use or purpose within a shared building or development area. The terms "use" or "purpose" may include, but are not limited to, housing, office, retail, medical, recreational, commercial, or industrial components.

(c) "Obligation" means any bond, note, warrant, lease, or other instrument under which money is borrowed.

(d) "Public funds" means all fees, payments, tax receipts, and funds of whatever kind or character coming into the possession of a:

(1) redevelopment commission; or

(2) department of redevelopment.

(e) "Qualified city" means a city:

(1) whose average property tax rate for the city over the five (5) immediately preceding calendar years did not exceed one dollar ($1) per one hundred dollars ($100) of assessed value;

(2) whose average balance in the city's general fund plus the city's rainy day fund over the three (3) immediately preceding calendar years exceeded by at least ten percent (10%) the amount of the city's average annual expenditures over the same period; or

(3) that is the county seat.

(f) "Residential housing" means housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment. The term includes condominiums and townhouses located within an economic development target area that is designated under IC 6-1.1-12.1-7.

(g) "Residential housing development program" means a residential housing development program for the:

(1) construction of new residential housing; or

(2) renovation of existing residential housing;

established by a commission under section 53 of this chapter.

(h) "Workforce housing" means housing that is affordable for households with earned income that is sufficient to secure quality housing in reasonable proximity to employment.

As added by P.L.149-2014, SEC.1. Amended by P.L.235-2019, SEC.1; P.L.154-2020, SEC.47; P.L.165-2021, SEC.205.
Ind. Code § 36-1-8.5-4.5 — Indiana Code / Title 36 / Article 1 / Chapter 8.5 / Section 36-1-8.5-4.5
"Public official"
Status: in_force

Sec. 4.5. As used in this chapter, "public official" means an individual who holds or formerly held office at any time during the preceding four (4) years in the executive or legislative branch of the state or federal government or a political subdivision of the state or federal government.

As added by P.L.191-2015, SEC.15.
Ind. Code § 36-7-4-201 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-201
Manner of exercising planning and zoning powers; purpose; countywide planning and zoning entities; county containing consolidated city
Status: in_force

Sec. 201. (a) For purposes of IC 36-1-3-6, a unit wanting to exercise planning and zoning powers in Indiana, including the issuance of permits under IC 8-1-32.3 (except as otherwise provided in IC 8-1-32.3), must do so in the manner provided by this chapter.

(b) The purpose of this chapter is to encourage units to improve the health, safety, convenience, and welfare of their citizens and to plan for the future development of their communities to the end:

(1) that highway systems be carefully planned;

(2) that new communities grow only with adequate public way, utility, health, educational, and recreational facilities;

(3) that the needs of agriculture, forestry, industry, and business be recognized in future growth;

(4) that residential areas provide healthful surroundings for family life; and

(5) that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds.

(c) Furthermore, municipalities and counties may cooperatively establish single and unified planning and zoning entities to carry out the purpose of this chapter on a countywide basis.

(d) METRO. Expanding urbanization in each county having a consolidated city has created problems that have made the unification of planning and zoning functions a necessity to insure the health, safety, morals, economic development, and general welfare of the county. To accomplish this unification, a single planning and zoning authority is established for the county. However, in an excluded city (as described in IC 36-3-1-7):

(1) the legislative body of the excluded city; and

(2) the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals;

have exclusive territorial jurisdiction within the boundaries of the excluded city. Unless expressly provided otherwise, any reference in this chapter to the legislative body with regard to an excluded city is a reference to the legislative body of the excluded city, and any reference in this chapter to the board of zoning appeals with regard to an excluded city is a reference to the board of zoning appeals of the excluded city, if the excluded city has a board of zoning appeals.

[Pre-Local Government Recodification Citations: 18-7-2-1; 18-7-3-1 part; 18-7-3-7 part; 18-7-4-201; 18-7-4-1; 18-7-5-1 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by Acts 1981, P.L.310, SEC.5; P.L.192-1984, SEC.3; P.L.82-2005, SEC.7; P.L.145-2015, SEC.7; P.L.161-2021, SEC.2.
Ind. Code § 36-1-11-15 — Indiana Code / Title 36 / Article 1 / Chapter 11 / Section 36-1-11-15
Tract transferred as gift by not-for-profit corporation or organization; reconveyance
Status: reserved

Sec. 15. If a tract was originally transferred to a political subdivision as a gift by a not-for-profit corporation or organization, the disposing agent may convey it back to the original grantor or the grantor's successors with their consent without consideration upon a determination by the disposing agent that:

(1) the property is surplus; and

(2) the original grantor or the grantor's successors are eligible to receive the tract under section 16 of this chapter.

As added by P.L.330-1985, SEC.5. Amended by P.L.60-1988, SEC.35.
Ind. Code § 36-7-4-711 — Indiana Code / Title 36 / Article 7 / Chapter 4 / Section 36-7-4-711
Vacation of plats; alternate procedure; petition; notice and hearing
Status: in_force

Sec. 711. (a) The plan commission (or plat committee acting on its behalf), proceeding in accordance with IC 36-7-3-10 or with this section, has exclusive control over the vacation of plats or parts of plats.

(b) In a case in which not all the owners of land in a plat are in agreement regarding a proposed vacation, this section provides an alternate procedure under which one (1) or more owners of land in the plat may file with the plan commission a petition to vacate all the plat or only that part of the plat that pertains to land owned by the petitioner or petitioners. A petition under this section must:

(1) state the reasons for and the circumstances prompting the request;

(2) specifically describe the property in the plat proposed to be vacated; and

(3) give the name and address of every other owner of land in the plat.

(c) Subject to section 714 of this chapter, a petition under this section may also include a request to vacate any recorded covenants filed as a part of the plat.

(d) Not more than thirty (30) days after receipt of a petition under this section, the plan commission staff shall announce the date for the hearing before the plan commission (or plat committee acting on the plan commission's behalf). The plan commission shall adopt rules prescribing procedures for setting hearing dates and for providing other notice as may be required in accordance with this chapter. The petitioner shall pay all expenses of providing the notice required by this subsection.

(e) The plan commission shall adopt rules prescribing procedures for the conduct of the hearing, which must include a provision giving every other owner of land in the plat an opportunity to comment on the petition.

(f) After hearing the petition, the plan commission or plat committee shall approve or disapprove the request. The commission or committee may approve the vacation of all or part of a plat only upon a determination that:

(1) conditions in the platted area have changed so as to defeat the original purpose of the plat;

(2) it is in the public interest to vacate all or part of the plat; and

(3) the value of that part of the land in the plat not owned by the petitioner will not be diminished by the vacation.

(g) The commission or committee may impose reasonable conditions as part of any approval. The commission or committee shall furnish a copy of the commission's or committee's decision to the county recorder for recording.

(h) An applicant or other interested party may appeal the approval or disapproval of a vacation by the plat committee in the manner prescribed by section 402(d) of this chapter.

[Pre-Local Government Recodification Citations: 18-7-2-56 part; 18-7-4-711(a) part; 18-7-5-54 part.]

As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.220-1986, SEC.23; P.L.126-2011, SEC.22.
Ind. Code § 36-1-12-6 — Indiana Code / Title 36 / Article 1 / Chapter 12 / Section 36-1-12-6
Contracts; notice to proceed; failure to award and execute contract and to issue notice; election by bidder to reject contract
Status: in_force

Sec. 6. (a) Except as provided in subsections (b) through (d), the board shall award the contract and shall provide the successful bidder with written notice to proceed within sixty (60) days after the date on which bids are opened.

(b) If general obligation bonds are to be sold to finance the construction that is the subject of the bid, the board shall allow the bidder ninety (90) days.

(c) If revenue bonds are to be issued, when approved by the utility regulatory commission, or if special taxing district, special benefit, or revenue bonds are to be issued and sold to finance the construction, the board shall allow the bidder one hundred fifty (150) days.

(d) If a federal grant is to be issued to fund a portion of the construction of the subject of the bid, the board shall allow the bidder ninety (90) days.

(e) A failure to award and execute the contract and to issue notice within the time required by this section entitles the successful bidder to:

(1) reject the contract and withdraw the successful bidder's bid without prejudice; or

(2) extend the time to award the contract and provide notice to proceed at an agreed later date.

If the successful bidder elects to reject the contract and withdraw the bidder's bid, notice of that election must be given to the board in writing within fifteen (15) days of the sixty (60) day expiration date or any other extension date.

[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]

As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.23-1988, SEC.116; P.L.127-2017, SEC.16; P.L.86-2025, SEC.5.
Ind. Code § 36-8-8.5-6 — Indiana Code / Title 36 / Article 8 / Chapter 8.5 / Section 36-8-8.5-6
"DROP entry date"
Status: in_force

Sec. 6. As used in this chapter, "DROP entry date" means the date that a member's DROP election becomes effective.

As added by P.L.62-2002, SEC.5.
Ind. Code § 36-4-7-10 — Indiana Code / Title 36 / Article 4 / Chapter 7 / Section 36-4-7-10
Preparation of budgets; contents; submission to legislative body
Status: in_force

Sec. 10. The department budgets prepared under section 6 of this chapter must include the compensation of department heads and must be submitted to the city legislative body under section 7 of this chapter.

[Pre-Local Government Recodification Citation: 18-1-6.5-6.]

As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1982, P.L.33, SEC.25.
Ind. Code § 36-12-3-11 — Indiana Code / Title 36 / Article 12 / Chapter 3 / Section 36-12-3-11
Certain funds; establishment
Status: in_force

Sec. 11. (a) A library board shall establish funds to keep money and securities of the public library as follows:

(1) All money collected from tax levies, interest on investments, fees, fines, rentals, and other revenues:

(A) shall be deposited into the library operating fund, except as otherwise provided in this section; and

(B) must be budgeted and expended in the manner required by law.

(2) All money received from the sale of bonds or other evidences of indebtedness for the purpose of construction, reconstruction, or alteration of library buildings, except the premium and accrued interest on the bonds, shall be deposited into the construction fund. The money shall be appropriated and expended solely for the purpose for which the indebtedness is created.

(3) All money derived from the taxes levied for the purpose of retiring bonds or other evidence of indebtedness, and any premium or accrued interest that may be received, shall be deposited into the bond and interest redemption fund. The fund shall be used for no other purpose than the repayment of indebtedness.

(4) Money or securities may be accumulated in any library improvement reserve fund to anticipate necessary future capital expenditures, such as:

(A) the purchase of land;

(B) the purchase and construction of buildings or structures;

(C) the construction of additions or improvements to existing structures;

(D) the purchase of equipment; and

(E) all repairs or replacement of buildings or equipment.

(5) Money or securities accepted and received by the library board as a grant, a gift, a donation, an endowment, a bequest, or a trust may be:

(A) set aside in a separate fund or funds and shall be expended, without appropriation, in accordance with the conditions and purposes specified by the donor; or

(B) set aside in an account with a nonprofit corporation established for the sole purpose of building permanent endowments within a community (referred to as a "community foundation"). The earnings on the funds in the account, either:

(i) deposited by the library; or

(ii) accepted by the community foundation on behalf of the library;

may be distributed back to the library for expenditure, without appropriation, in accordance with the conditions and purposes specified by the donor. A community foundation that distributes earnings under this clause is not required to make more than one (1) distribution of earnings in a calendar year.

(6) All money received in payment for library services or for library purchases made or to be made under the terms of a contract between two (2) or more public libraries under section 7 of this chapter shall be deposited into the contractual service fund. This money shall be:

(A) expended solely for the purposes specified in the contract; and

(B) disbursed without further appropriation.

(b) The library board may invest excess funds in accordance with IC 5-13-9.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-9.]

As added by P.L.1-2005, SEC.49.
Ind. Code § 36-4-3-11.3 — Indiana Code / Title 36 / Article 4 / Chapter 3 / Section 36-4-3-11.3
Signatures required to stop an annexation; signatures required to permit a trial court hearing on annexation
Status: in_force

Sec. 11.3. (a) This section applies only to an annexation ordinance adopted after June 30, 2015.

(b) An annexation ordinance is void if a written remonstrance petition is signed by one (1) of the following:

(1) At least sixty-five percent (65%) of the owners of land in the annexed territory. An owner of land may not:

(A) be counted in calculating the total number of owners of land in the annexation territory; or

(B) have the owner's signature counted on a remonstrance;

with regard to any single property that an owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(2) The owners of at least eighty percent (80%) in assessed valuation of the land in the annexed territory. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count the owner's signature on a remonstrance with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(c) The annexation may be appealed to the court under section 11 of this chapter, if a written remonstrance is signed by one (1) of the following:

(1) At least fifty-one percent (51%) but less than sixty-five percent (65%) of the owners of land. An owner of land may not:

(A) be counted in calculating the total number of owners of land in the annexation territory; or

(B) have the owner's signature counted on a remonstrance;

with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

(2) The owners of at least sixty percent (60%) but less than eighty percent (80%) in assessed valuation of land in the annexed territory. Land that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year may not be included in calculating the total assessed valuation of the land in the annexation territory. The court may not count an owner's signature on a remonstrance with regard to any single property that the owner has an interest in that was exempt from property taxes under IC 6-1.1-10 or any other state law for the immediately preceding year.

As added by P.L.228-2015, SEC.15.
Ind. Code § 36-9-11-14 — Indiana Code / Title 36 / Article 9 / Chapter 11 / Section 36-9-11-14
Lease of space and air rights; deposit of rentals
Status: in_force

Sec. 14. (a) Space and air rights over a parking facility may be leased to others for a period not to exceed ninety-nine (99) years, subject to the following conditions:

(1) The lease must be authorized by an ordinance of the municipal legislative body, but the municipal works board may negotiate with interested parties concerning the terms and conditions of the lease before introduction of the ordinance. After introduction of the ordinance and before final adoption, a notice of public hearing must be published in accordance with IC 5-3-1. The notice must specify a date when a public hearing will be held on the question of whether the lease is in the best public interest.

(2) The lease must specify the initial purpose for which the leased space may be used. If the purpose is to erect in the space a structure attached to the real property constituting the site of the parking facility, the lease must:

(A) require approval by the works board of the plans and specifications for any structure to be erected and of the manner in which it shall be imposed upon or around the real property;

(B) provide for use by the lessee of the areas of the surface of the site that are essential for the support of the structure to be erected, as well as for the connection of essential public or private utilities to the structure and for ingress and egress for the structure; and

(C) provide that if the construction of the initial structure is not completed within five (5) years after the date of execution of the lease, the lease is cancellable at the option of the municipality.

(3) A structure erected in the space leased must be financed, operated, maintained, and repaired by the lessee separate from the parking facility financed, operated, maintained, and repaired by the municipality, and the municipality has no obligation or liability to the lessee or creditors of the lessee other than to provide the air space leased and to permit the use of the site for the necessary supports for the structure erected in the leased space, ingress and egress for the structure, and the construction of essential utilities.

(4) The lease must require the lessee to carry sufficient public liability and property damage insurance to indemnify the municipality and protect it from all loss and damage from the hazards and perils normally insured against by such insurance that arise out of the existence and operation of a structure in the leased space.

(5) A structure erected above the parking facility is subject to all property taxes levied on private property unless the structure is acquired by the municipality and wholly used for governmental purposes.

(b) The lease rental received by the municipality is considered revenue of the parking facility and shall be deposited, handled, and disbursed in the same manner as other revenues of the parking facility. However, if the treatment of lease rental as revenues would cause the revenue bonds to be industrial development bonds under the Internal Revenue Code as it existed on January 1, 1986, and applicable regulations under that Code, then the lease rental shall be deposited in the general fund of the municipality and disbursed in the same manner as other money in that fund.

[Pre-Local Government Recodification Citation: 19-5-11-11.1.]

As added by Acts 1981, P.L.309, SEC.84. Amended by Acts 1981, P.L.45, SEC.45; P.L.2-1987, SEC.51.
Ind. Code § 36-9-14.5-2 — Indiana Code / Title 36 / Article 9 / Chapter 14.5 / Section 36-9-14.5-2
Authorization of fund; purpose
Status: in_force

Sec. 2. The county legislative body may establish a cumulative capital development fund under IC 6-1.1-41 to provide money for any purpose for which property taxes may be imposed within the county under the authority of:

IC 3-11-6-9;

IC 8-16-3;

IC 8-16-3.1;

IC 8-22-3-25;

IC 14-27-6-48;

IC 14-33-14;

IC 16-22-8-41;

IC 16-22-5-2 through IC 16-22-5-15;

IC 36-9-14;

IC 36-9-15;

IC 36-9-16-2;

IC 36-9-16-3;

IC 36-9-27-100; or

IC 36-10-3-21.

As added by P.L.44-1984, SEC.16. Amended by P.L.5-1986, SEC.60; P.L.213-1986, SEC.7; P.L.199-1988, SEC.3; P.L.2-1993, SEC.206; P.L.1-1995, SEC.86; P.L.17-1995, SEC.28.
Ind. Code § 36-7-30.5-36 — Indiana Code / Title 36 / Article 7 / Chapter 30.5 / Section 36-7-30.5-36
Violations
Status: in_force

Sec. 36. A person who knowingly:

(1) applies any money raised under this chapter to any purpose other than those permitted by this chapter; or

(2) fails to follow the voucher and warrant procedure prescribed by this chapter in expending any money raised under this chapter;

commits a Level 5 felony.

As added by P.L.203-2005, SEC.11. Amended by P.L.158-2013, SEC.678.
Ind. Code § 36-10-4-25 — Indiana Code / Title 36 / Article 10 / Chapter 4 / Section 36-10-4-25
Resolution to acquire property; adoption; contents; notice of adoption; appraisal; title; hearing; remonstrance, final action
Status: in_force

Sec. 25. (a) This section applies only to:

(1) the acquisition of real property; or

(2) a work of improvement;

that will be financed by the issuance of bonds.

(b) If a board decides to:

(1) acquire land for any of the purposes of this chapter, either by purchase or appropriation, and to proceed with an improvement authorized by this chapter, other than surface grading and paving under section 23 of this chapter; or

(2) acquire property without proceeding at that time with an improvement; or

(3) proceed with an improvement when the property has been already secured by purchase or otherwise;

it shall adopt a resolution under subsection (c).

(c) The resolution must:

(1) declare the purpose;

(2) describe the land to be acquired, the manner of acquisition, and, in case of appropriation, other land that may be injuriously affected; or describe the land already acquired and intended to be used for the proposed improvement; and

(3) if the improvement is provided for in the resolution, require that preliminary plans and specifications and an estimate of the cost of the proposed improvement be prepared by the engineer selected to do the work.

The resolution must be open to inspection by all persons interested in or affected by the appropriation of the land or the construction of the work.

(d) Upon the adoption of the resolution, the board shall have notice of the adoption and content of it published in accordance with IC 5-3-1. The notice must name a date on which the board will receive or hear remonstrances from persons interested in or affected by the proceedings and determine the public utility and benefit of the proposed project.

(e) Notice shall be sent by certified mail to each owner of land to be appropriated under the resolution, using the owner's address as shown on the tax duplicates. In addition, notice of the land to be appropriated shall be published in accordance with IC 5-3-1. All persons affected in any manner by the proceedings, including all taxpayers in the district, are considered to be notified of the pendency of the proceedings and of all subsequent acts, hearings, adjournments, and orders of the board by the original notice by publication.

(f) In the resolution and notice, separate descriptions of each piece or parcel of land are not required, but it is a sufficient description of the property purchased, to be purchased, or to be appropriated or damaged to give a description of the entire tract by metes and bounds. It does not matter if the property is composed of one (1) or more lots or parcels or owned by one (1) or more persons.

(g) If the land or a part of it is to be acquired by purchase, the resolution must also state the maximum proposed cost. The board may, at any time before the adoption of the resolution:

(1) obtain from the owner or owners of the land an option for its purchase; or

(2) enter into a contract for its purchase upon the terms and conditions that the board considers best.

The option or contract is subject to the final action of the board confirming, modifying, or rescinding the resolution and to the condition that the land shall be paid for only out of the special fund resulting from the sale of district bonds and from local assessments, as provided in this chapter.

(h) If the board decides to acquire any lots or parcels of land by purchase, the board shall appoint three (3) qualified appraisers to appraise the land. The appraisers may not be interested, directly or indirectly, in any land to be acquired under the resolution or that may be injured or incur local benefits. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. They shall then immediately view the land and determine the true market value of it at that time. They shall report the appraisal in writing, which shall be filed with and becomes a part of the record of the proceeding. The board may not take an option on the land or enter into a contract to purchase it at a higher price than the value named in the report.

(i) The title to any land to be acquired under the resolution, whether by purchase or appropriation, does not vest in the city until it is paid for out of the special fund created by the sale of bonds and from local assessments of special benefits as provided in this chapter. Any indebtedness or obligation incurred by the board due to the acquisition of land or to construction of a work shall be paid out of the funds under the control of the board and is not an indebtedness or obligation of the city.

(j) At or before the time fixed for the hearing, an owner of land to be appropriated or injuriously affected under the resolution, or a person owning real or personal property located within the corporate boundaries of the city, may file a written remonstrance with the secretary of the board. At the hearing, which may be adjourned from time to time, the board shall hear all persons interested in the proceedings and all remonstrances that have been filed. After considering this evidence, the board shall take final action determining the public utility and benefit of the proposed project by either confirming, modifying, or rescinding the resolution. The action shall be recorded and is final and conclusive upon all persons.

[Pre-Local Government Recodification Citations: 19-7-9-9 part; 19-7-30-19.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.17.
Ind. Code § 36-2-18-2 — Indiana Code / Title 36 / Article 2 / Chapter 18 / Section 36-2-18-2
Expenses
Status: in_force

Sec. 2. All expenses for carrying out this chapter shall be paid out of funds from that county's allocation from the motor vehicle highway account.

As added by P.L.86-1988, SEC.225.
Ind. Code § 36-7-15.1-5 — Indiana Code / Title 36 / Article 7 / Chapter 15.1 / Section 36-7-15.1-5
Pecuniary interests of commissioners and nonvoting advisers
Status: in_force

Sec. 5. A member of the commission or a nonvoting adviser appointed under IC 36-7-4-207 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 member or nonvoting adviser has a pecuniary interest may be acquired but only by gift or condemnation.

As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.146-2008, SEC.743.
Ind. Code § 36-7-2.3-2 — Indiana Code / Title 36 / Article 7 / Chapter 2.3 / Section 36-7-2.3-2
"Applicant"
Status: in_force

Sec. 2. As used in this chapter, "applicant" means a person who submits an application that requires a fee described in section 1 of this chapter.

As added by P.L.73-2026, SEC.17.
Ind. Code § 36-2-13-5 — Indiana Code / Title 36 / Article 2 / Chapter 13 / Section 36-2-13-5
Duties
Status: in_force

Sec. 5. (a) The sheriff shall:

(1) arrest without process persons who commit an offense within the sheriff's view, take them before a court of the county having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;

(2) suppress breaches of the peace, calling the power of the county to the sheriff's aid if necessary;

(3) pursue and jail felons;

(4) execute all process directed to the sheriff by legal authority;

(5) serve all process directed to the sheriff from a court or the county executive;

(6) attend and preserve order in all courts of the county;

(7) take care of the county jail and the prisoners there;

(8) take photographs, fingerprints, and other identification data as the sheriff shall prescribe of persons taken into custody for felonies or misdemeanors;

(9) take DNA (deoxyribonucleic acid) samples for felonies; and

(10) on or before January 31 and June 30 of each year, provide to the department of correction the average daily cost of incarcerating a prisoner in the county jail as determined under the methodology developed by the department of correction under IC 11-10-13.

(b) A person who:

(1) refuses to be photographed, as prescribed in subsection (a)(8);

(2) refuses to be fingerprinted, as prescribed in subsection (a)(8);

(3) withholds identification data, as prescribed in subsection (a)(8);

(4) gives false information, as prescribed in subsection (a)(8); or

(5) refuses to provide a DNA (deoxyribonucleic acid) sample, as prescribed in subsection (a)(9);

commits a Class C misdemeanor.

(c) The sheriff may supervise and inspect all pawnbrokers, vendors, junkshop keepers, cartmen, expressmen, dealers in secondhand merchandise, intelligence offices, and auctions. The sheriff may authorize any deputy in writing to exercise the same powers.

[Pre-Local Government Recodification Citations: 17-3-5-2; 17-3-5-3.]

As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.344-1983, SEC.1; P.L.85-2004, SEC.12; P.L.63-2008, SEC.5; P.L.44-2025, SEC.1.
Ind. Code § 36-7-37-4 — Indiana Code / Title 36 / Article 7 / Chapter 37 / Section 36-7-37-4
Order to show cause why property should not be determined abandoned; order to appear
Status: in_force

Sec. 4. Upon receiving a request for a determination of abandonment from an enforcement authority, or an executive of a county, city, or town through a petition or motion filed with the court and served on the required parties in accordance with this chapter, or if an enforcement authority requests an abandonment determination from the hearing authority and has served the request as provided in IC 36-7-9, the court or hearing authority shall issue an order to show cause as to why the property should not be found to be abandoned and directing the petitioner, the owner, and any other person or party the court or hearing authority considers appropriate to appear before the court or hearing authority on a date and time specified in the order under subdivision (1). The court's or hearing authority's order under this section must do the following:

(1) Direct the parties subject to the order to appear before the court or hearing authority on a date and time specified by the court or hearing authority. The date specified under this subdivision must not be:

(A) earlier than fifteen (15) days; or

(B) later than twenty-five (25) days;

after the date of the court's or hearing authority's order under this section.

(2) Notify the parties subject to the order that any party ordered to appear:

(A) may present evidence or objections on the issue of abandonment to the court or hearing authority:

(i) in writing before the appearance date specified by the court or hearing authority under subdivision (1); or

(ii) in writing or by oral testimony on the date and at the time specified by the court or hearing authority under subdivision (1);

in the manner specified by the court or hearing authority; and

(B) has the right to be represented by an attorney when appearing before the court or hearing authority.

(3) Notify the parties subject to the order that if a party fails to:

(A) submit written evidence or objections to the court or hearing authority before the appearance date specified by the court or hearing authority under subdivision (1); or

(B) appear before the court or hearing authority on the date and at the time specified by the court or hearing authority under subdivision (1);

the party's failure to submit evidence or objections or to appear before the court or hearing authority will result in a finding of abandonment by the court or hearing authority.

As added by P.L.247-2015, SEC.50.
Ind. Code § 36-12-5-7 — Indiana Code / Title 36 / Article 12 / Chapter 5 / Section 36-12-5-7
Repealed
Status: repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-5.1-4.]

As added by P.L.1-2005, SEC.49. Repealed by P.L.42-2018, SEC.40.
Ind. Code § 36-7-34-3 — Indiana Code / Title 36 / Article 7 / Chapter 34 / Section 36-7-34-3
"Qualified military base"
Status: in_force

Sec. 3. "Qualified military base" means a United States government military installation that:

(1) has an area of at least sixty thousand (60,000) acres; and

(2) is used for the design, construction, maintenance, and testing of electronic devices and ordnance.

As added by P.L.203-2005, SEC.16.
Ind. Code § 36-7-14-22.2 — Indiana Code / Title 36 / Article 7 / Chapter 14 / Section 36-7-14-22.2
Sale or grant of real property to urban enterprise association or community development corporation; procedure
Status: in_force

Sec. 22.2. (a) The commission may sell or grant, at no cost, title to real property to an urban enterprise association for the purpose of developing the real property if the following requirements are met:

(1) The urban enterprise association has incorporated as a nonprofit corporation under IC 5-28-15-14(b)(2).

(2) The parcel of property to be sold or granted is located entirely within the enterprise zone for which the urban enterprise association was created under IC 5-28-15-13.

(3) The urban enterprise association agrees to cause development on the parcel of property within a specified period that may not exceed five (5) years from the date of the sale or grant.

(4) The urban enterprise association agrees to rehabilitate or otherwise develop the property in a manner that is similar to and consistent with the use of the other properties in the enterprise zone.

(b) The commission may sell or grant, at no cost, title to real property to a community development corporation (as defined in IC 4-4-28-2) for the purpose of providing low or moderate income housing or other development that will benefit or serve low or moderate income families if the following requirements are met:

(1) The community development corporation has as a major corporate purpose and function the provision of housing for low and moderate income families within the geographic area in which the parcel of real property is located.

(2) The community development corporation agrees to cause development that will serve or benefit low or moderate income families on the parcel of real property within a specified period, which may not exceed five (5) years from the date of the sale or grant.

(3) The community development corporation agrees that the community development corporation and each applicant, recipient, contractor, or subcontractor undertaking work in connection with the real property will:

(A) use lower income project area residents as trainees and as employees; and

(B) contract for work with business concerns located in the project area or owned in substantial part by persons residing in the project area;

to the greatest extent feasible, as determined under the standards specified in 24 CFR 135.

(4) The community development corporation agrees to rehabilitate or otherwise develop the property in a manner that is similar to and consistent with the use of the other properties in the area served by the community development corporation.

(c) To carry out the purposes of this section, the commission may secure from the county under IC 6-1.1-25-9(e) parcels of property acquired by the county under IC 6-1.1-24 and IC 6-1.1-25.

(d) Before offering any parcel of property for sale or grant, the fair market value of the parcel of property must be determined by an appraiser, who may be an employee of the department. However, if the commission has obtained the parcel in the manner described in subsection (c), an appraisal is not required. An appraisal under this subsection is solely for the information of the commission and is not available for public inspection.

(e) The commission must decide at a public meeting whether the commission will sell or grant the parcel of real property. In making this decision, the commission shall give substantial weight to the extent to which and the terms under which the urban enterprise association or community development corporation will cause development on the property.

(f) Before conducting a meeting under subsection (g), the commission shall publish a notice in accordance with IC 5-3-1 indicating that at a designated time the commission will consider selling or granting the parcel of real property under this section. The notice must state the general location of the property, including the street address, if any, or a common description of the property other than the legal description.

(g) If the county agrees to transfer a parcel of real property to the commission to be sold or granted under this section, the commission may conduct a meeting to sell or grant the parcel to an urban enterprise zone or to a community development corporation even though the parcel has not yet been transferred to the commission. After the hearing, the commission may adopt a resolution directing the department to take appropriate steps necessary to acquire the parcel from the county and to transfer the parcel to the urban enterprise association or to the community development corporation.

(h) A conveyance of property under this section shall be made in accordance with section 22(i) of this chapter.

(i) An urban enterprise association that purchases or receives real property under this section shall report the terms of the conveyance to the board of the Indiana economic development corporation not later than thirty (30) days after the date the conveyance of the property is made.

As added by P.L.113-2002, SEC.6. Amended by P.L.1-2003, SEC.99; P.L.4-2005, SEC.134; P.L.146-2018, SEC.24.
Ind. Code § 36-8-19-6.3 — Indiana Code / Title 36 / Article 8 / Chapter 19 / Section 36-8-19-6.3
Restrictions on voting on proposed ordinance or resolution
Status: in_force

Sec. 6.3. A member of the legislative body of a unit or fire protection district may not vote on a proposed ordinance or resolution authorizing the unit or fire protection district to become a party to an agreement to join or establish a fire protection territory if that member is also an employee of:

(1) another unit or fire protection district that is a participating unit in the fire protection territory; or

(2) another unit or fire protection district that is proposing to become a participating unit in the fire protection territory.

As added by P.L.172-2011, SEC.159. Amended by P.L.255-2017, SEC.44.
Ind. Code § 36-7-23-53 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-53
Lease of infrastructures
Status: in_force

Sec. 53. (a) An authority may enter into a lease of any infrastructure that could be financed with the proceeds of bonds issued under this chapter with a lessor for a term not to exceed fifty (50) years, and the lease may provide for payments to be made by the authority from any revenues of the authority.

(b) A lease may provide that payments by the authority to the lessor are required only to the extent and only for the period that the lessor is able to provide the leased infrastructure in accordance with the lease. The terms of each lease must be based upon the value of the infrastructure leased and may not create a debt of the authority or a member for purposes of the Constitution of the State of Indiana.

(c) A lease may be entered into by the authority only after a public hearing by the board at which all interested parties are provided the opportunity to be heard. After the public hearing, the board may adopt a resolution authorizing the execution of the lease on behalf of the authority if the board finds that the service to be provided throughout the term of the lease will serve the public purpose of the authority and is in the best interests of its residents.

(d) The authority may:

(1) pledge revenues to make payments under the lease; and

(2) establish a special fund to make the payments.

(e) Lease rentals may be limited to money in the special fund so that the obligations of the authority to make the lease rental payments are not considered debt of the authority or a member for purposes of the Constitution of the State of Indiana.

(f) Except as provided in this section, no approvals of any governmental body or agency are required before the authority enters into a lease under this section.

As added by P.L.346-1989(ss), SEC.7. Amended by P.L.86-1999, SEC.19.
Ind. Code § 36-8-11-18 — Indiana Code / Title 36 / Article 8 / Chapter 11 / Section 36-8-11-18
Annual budget; tax levy
Status: in_force

Sec. 18. (a) The board shall annually budget the necessary money to meet the expenses of operation and maintenance of the district, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, bond redemption, and all other expenses lawfully incurred by the district. After estimating expenses and receipts of money, the board shall establish the tax levy required to fund the estimated budget.

(b) The budget must be approved by the fiscal body of the county and the department of local government finance.

(c) Upon approval by the department of local government finance, the board shall certify the approved tax levy to the auditor of the county having land within the district. The auditor shall have the levy entered on the county treasurer's tax records for collection. After collection of the taxes the auditor shall issue a warrant on the treasurer to transfer the revenues collected to the board, as provided by statute.

[Pre-Local Government Recodification Citation: 19-1-45-20 part.]

As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002, SEC.491; P.L.224-2007, SEC.127; P.L.146-2008, SEC.780; P.L.257-2019, SEC.152.
Ind. Code § 36-1-18-2 — Indiana Code / Title 36 / Article 1 / Chapter 18 / Section 36-1-18-2
Donation by political subdivision; ordinance or resolution required
Status: in_force

Sec. 2. The legislative body of a political subdivision may adopt:

(1) an ordinance, if the political subdivision is a county, city, or town; or

(2) a resolution, if the political subdivision is a township;

to make a donation to a state educational institution located in the political subdivision. The amount of the donation may not exceed the amount named in the petition submitted to the political subdivision under this chapter.

[Pre-2007 Higher Education Recodification Citation: 21-7-1-1 part.]

As added by P.L.2-2007, SEC.381.
Ind. Code § 36-7-23-28 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-28
Disposition of bond proceeds; bond maturities; rights of bondholders; rights and duties of directors
Status: in_force

Sec. 28. The proceeds of bonds issued under this chapter are appropriated for the purpose for which the bonds are issued. The proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the board provides in the resolution or trust indenture authorizing the issuance of the bonds in the first instance and the issuance of any refunding bonds, or in a trust indenture authorized and approved by resolution of the board. The maturities of the bonds, the rights of the holders, and the rights, duties, and obligations of the board are governed in all respects by this chapter.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-7-23-42 — Indiana Code / Title 36 / Article 7 / Chapter 23 / Section 36-7-23-42
Officers and employees of state or political subdivisions
Status: in_force

Sec. 42. Notwithstanding any other law, an officer or employee of the state or a political subdivision does not forfeit that office or employment by reason of acceptance of membership on the board or of providing services to the authority.

As added by P.L.346-1989(ss), SEC.7.
Ind. Code § 36-9-23-26 — Indiana Code / Title 36 / Article 9 / Chapter 23 / Section 36-9-23-26
Fees; hearing; notice; adoption; readjustment
Status: in_force

Sec. 26. (a) After the introduction of the ordinance establishing fees under section 25 of this chapter, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which users of the sewage works, owners of property served or to be served by the works, and other interested persons may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be:

(1) published in accordance with IC 5-3-1;

(2) mailed to owners of vacant or unimproved property if the ordinance includes a fee for sewer availability to vacant or unimproved property; and

(3) mailed to users of the sewage works for service to property located outside the municipality's corporate boundaries.

The notice may be mailed in any form so long as the notice of the hearing is conspicuous. The hearing may be adjourned from time to time. Notice mailed under subdivision (3) must include the statement required by IC 8-1.5-3-8.1(c).

(b) After the hearing, the municipal legislative body shall adopt the ordinance establishing the fees, either as originally introduced or as modified. A copy of the schedule of fees adopted shall be kept on file and available for public inspection in the offices of the board and the municipal clerk. An ordinance adopted after March 31, 2012, that imposes different rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality or to property located within the corporate boundaries of the municipality must state in plain language the percentage difference between the rates and charges, as required by IC 8-1.5-3-8.1(d).

(c) Subject to section 37 of this chapter, the fees established for any class of users or property shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.

(d) The municipal legislative body may change or readjust the fees in the same manner by which they were established.

(e) Fees collected under this chapter are considered revenues of the sewage works.

[Pre-Local Government Recodification Citations: 19-2-5-19 part; 19-2-5-20 part.]

As added by Acts 1981, P.L.309, SEC.96. Amended by Acts 1981, P.L.45, SEC.62; P.L.77-1991, SEC.4; P.L.114-2008, SEC.30; P.L.139-2012, SEC.5.