reglab/housing_qa huggingface dataset:
IN Code § 36-7-30-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-8. Duties of Reuse Authority

Sec. 8. The military base reuse authority shall do the following:(1) Investigate, study, and survey the area surrounding and the real property and structures that are part of a military base within the corporate boundaries of the unit.(2) Investigate, study, and determine the means by which military base property may be reused by private enterprise to promote economic development within the unit or by state and local government to otherwise benefit the welfare of the citizens of the unit.(3) Promote the reuse of military base property in the manner that best serves the interests of the unit and its inhabitants.(4) Cooperate with the departments and agencies of the unit and of other governmental entities, including the state and the federal government, in the manner that best serves the purposes of this chapter.(5) Make findings and reports on their activities under this section, and keep the reports available for inspection by the public.(6) Select and acquire military base property to be reused by private enterprise or state or local government under this chapter.(7) Transfer acquired military base property and other real and personal property to private enterprise or state or local government in the manner that best serves the social and economic interests of the unit and the unit's inhabitants.As added by P.L.26-1995, SEC.14.
IN Code § 36-7-30-9.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-9.5. Reuse Authority Payment for Services Provided by Excluded City

Sec. 9.5. (a) This section applies only to a municipal military base reuse authority in an excluded city that is located in a county with a consolidated city.(b) This section applies in the absence of an agreement in effect for payment by the reuse authority to the excluded city for police, fire protection, and utility services provided by the excluded city.(c) As used in this section, "city services" means police, fire protection, and utility services.(d) After December 31, 2016, the municipal military base reuse authority shall pay the excluded city for city services that are provided by the excluded city to the reuse area. The amount the municipal military base reuse authority shall pay for the city services is as follows:(1) Police and fire protection services must be paid at the same property tax rate imposed on taxpayers located within the excluded city.(2) Utility services must be paid at the same rates and charges imposed upon property owners located within the excluded city.(e) The payment for city services under this section is subordinate to those debt service payments for bonds of the municipal military base reuse authority issued before January 1, 2016.(f) The payment for city services under this section shall be determined by a financial advisor with the approval, by written agreement, of the excluded city and the municipal military base reuse authority not later than August 1 of each year. Any deficiencies in payment of the fee for city services in a budget year must be replenished from the next available municipal military base reuse revenues subordinate to payment of debt service.As added by P.L.91-2016, SEC.1.
IN Code § 36-7-30-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-10. Plan and Declaration of Reuse Area

Sec. 10. (a) The reuse authority shall adopt a plan for the rehabilitation, development, redevelopment, and reuse of military base property to be acquired from the federal government upon the closure of a military base within the boundaries of the unit.(b) In conjunction with the military base reuse plan, the reuse authority may adopt a resolution declaring that a geographic area is a military base reuse area and approving the plan if it makes the following findings:(1) All or part of a military base is located in the military base reuse area.(2) The plan for the military base reuse area will accomplish the public purposes of this chapter, supported by specific findings of fact to be adopted by the reuse authority.(3) The public health and welfare will be benefited by accomplishment of the plan for the military base reuse area.(4) The plan for the military base reuse area conforms to other development and redevelopment plans for the unit.(c) A military base reuse area may include territory within the corporate boundaries of the unit and in the vicinity of the military base that is not on military base property. However, a military base reuse area may not include any area of land that constitutes part of an economic development area, a redevelopment project area, or an urban renewal area under IC 36-7-14 or IC 36-7-15.1.(d) The resolution must state the general boundaries of the area, and that the reuse authority proposes to acquire all of the interests in the land within the boundaries, with certain designated exceptions, if there are any.(e) For the purpose of adopting a resolution under subsection (b), it is sufficient to describe the boundaries of the area by its location in relation to public ways or streams, or otherwise, as determined by the reuse authority. Property excepted from the acquisition may be described by street numbers or location.As added by P.L.26-1995, SEC.14. Amended by P.L.185-2005, SEC.52.
IN Code § 36-7-30-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-11. Adoption of Resolution

Sec. 11. (a) After adoption of a resolution under section 10 of this chapter, the reuse authority shall submit the resolution and supporting data to the plan commission of the unit or other body charged with the duty of developing a general plan for the unit, if there is such a body. The plan commission may determine whether the resolution and the reuse plan conform to the plan of development for the unit and approve or disapprove the resolution and plan proposed. The reuse authority may amend or modify the resolution and proposed plan to conform to the requirements of the plan commission. The plan commission shall issue a written order approving or disapproving the resolution and military base reuse plan, and may with the consent of the reuse authority rescind or modify the order.(b) The determination that a geographic area is a military base reuse area must be approved by the unit's legislative body.(c) If a military base is located in an excluded city that is located in a county having a consolidated city, the determination that a geographic area is a military base reuse area must be approved by the excluded city legislative body and the consolidated city legislative body.As added by P.L.26-1995, SEC.14.
IN Code § 36-7-30-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-12. Notice and Hearing on Adoption of Resolution

Sec. 12. (a) After receipt of all orders and approvals required under section 11 of this chapter, the reuse authority shall publish notice of the adoption and the substance of the resolution in accordance with IC 5-3-1. The notice must name a date when the reuse authority will receive and hear remonstrances and objections from persons interested in or affected by the proceedings concerning the proposed project and will determine the public utility and benefit of the proposed project. All persons affected in any manner by the hearing, including all taxpayers of the special taxing district, shall be considered notified of the pendency of the hearing and of subsequent acts, hearings, adjournments, and orders of the reuse authority by the notice given under this section.(b) At the hearing, which may be adjourned from time to time, the reuse authority shall hear all persons interested in the proceedings and shall consider all written remonstrances and objections that have been filed. After considering the evidence presented, the reuse authority shall take final action determining the public utility and benefit of the proposed project, and confirming, modifying and confirming, or rescinding the resolution. The final action taken by the reuse authority is final and conclusive, except that an appeal may be taken in the manner prescribed by section 14 of this chapter.(c) If the reuse authority confirms, or modifies and confirms, the resolution and the resolution includes a provision establishing or amending an allocation provision under section 25 of this chapter, the reuse authority shall file a copy of the resolution with both the auditor of the county in which the proposed project is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the reuse authority takes final action on the resolution.As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.45; P.L.257-2019, SEC.135.
IN Code § 36-7-30-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-13. Amendments to Resolution or Plan

Sec. 13. (a) The reuse authority must conduct a public hearing before amending a resolution or plan for a military base reuse area. The reuse authority shall give notice of the hearing in accordance with IC 5-3-1. The notice must do the following:(1) Set forth the substance of the proposed amendment.(2) State the time and place where written remonstrances against the proposed amendment may be filed.(3) Set forth the time and place of the hearing.(4) State that the reuse authority will hear any person who has filed a written remonstrance during the filing period set forth in subdivision (2).(b) For the purposes of this section, the consolidation of areas is not considered the enlargement of the boundaries of an area.(c) If the reuse authority proposes to amend a resolution or plan, the military base reuse authority is not required to have evidence or make findings that were required for the establishment of the original military base reuse area. However, the reuse authority must make the following findings before approving the amendment:(1) The amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter.(2) The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the unit.(d) Notwithstanding subsections (a) and (c), if the resolution or plan is proposed to be amended in a way that enlarges the original boundaries of the area by more than twenty percent (20%), the reuse authority must use the procedure provided for the original establishment of areas and must comply with sections 10 through 12 of this chapter.(e) At the hearing on the amendments, the reuse authority shall consider written remonstrances that are filed. The action of the reuse authority on the amendment is final and conclusive, except that an appeal of the reuse authority's action may be taken under section 14 of this chapter.(f) If the reuse authority confirms, or modifies and confirms, the resolution and the resolution includes a provision establishing or amending an allocation provision under section 25 of this chapter, the reuse authority shall file a copy of the resolution with both the auditor of the county in which the proposed project is located and the department of local government finance, together with any supporting documents that are relevant to the computation of assessed values in the allocation area, within thirty (30) days after the date on which the reuse authority takes final action on the resolution.As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.46; P.L.257-2019, SEC.136.
IN Code § 36-7-30-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-14. Appeal From Final Action of Reuse Authority

Sec. 14. (a) A person who filed a written remonstrance with the reuse authority under section 12 or 13 of this chapter and is aggrieved by the final action taken may not more than ten (10) days after that final action file in the office of the clerk of the circuit or superior court a copy of the order of the reuse authority and person's remonstrances against that order, together with the person's bond conditioned to pay the costs of the person's appeal if the appeal is determined against the person. The only ground of remonstrance that the court may hear is whether the proposed project will be of public utility and benefit. The burden of proof is on the remonstrator.(b) An appeal under this section shall be promptly heard by the court without a jury. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined not more than thirty (30) days after the time of the filing of the appeal. The court shall hear evidence on the remonstrances and may confirm the final action of the reuse authority or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions.As added by P.L.26-1995, SEC.14.
IN Code § 36-7-30-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-15. Purchase of Property

Sec. 15. (a) If no appeal is taken or if an appeal is taken but is unsuccessful, the reuse authority shall proceed with the plan to the extent that money is available for that purpose.(b) Negotiations for the purchase of property may be carried on directly by the reuse authority, by its employees, or by expert negotiators, but no option, contract, or understanding relative to the purchase of real property is binding on the reuse authority until approved and accepted by the reuse authority in writing. Payment for the property purchased shall be made when and as directed by the reuse authority but only on delivery of proper instruments conveying the title or interest of the owner to the reuse authority or its designee.(c) The acquisition of real and personal property by the reuse authority under this chapter is not subject to the provisions of IC 5-22, IC 36-1-10.5, or any other statutes governing the purchase of property by public bodies or their agencies.As added by P.L.26-1995, SEC.14. Amended by P.L.49-1997, SEC.80.
IN Code § 36-7-30-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-16. Acquisition of Property by Eminent Domain

Sec. 16. (a) If the reuse authority considers it necessary to acquire real property in or serving a reuse area by the exercise of the power of eminent domain, it shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition in the name of the unit on behalf of the reuse authority, in the circuit or superior court of the county in which the property is situated. The resolution must contain a finding by the reuse authority that the property to be acquired is in an area needing redevelopment (as defined in IC 36-7-1-3). The resolution must be approved by the legislative body of the unit before the petition is filed.(b) Eminent domain proceedings under this section are governed by IC 32-24 and other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired under this section, but property belonging to the state or a political subdivision may not be acquired without the consent of the state or the political subdivision.(c) The court having jurisdiction shall direct the clerk of the circuit court to execute a deed conveying the title of real property acquired under this section to the unit for the use and benefit of the reuse authority.As added by P.L.26-1995, SEC.14. Amended by P.L.2-2002, SEC.118; P.L.185-2005, SEC.53.
IN Code § 36-7-30-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-20. Lessor of Property

Sec. 20. (a) Any of the following persons may lease facilities referred to in section 19 of this chapter to a military base reuse authority under this chapter:(1) A for-profit or nonprofit corporation organized under Indiana law or admitted to do business in Indiana.(2) A partnership, an association, a limited liability company, or a firm.(3) An individual.(4) With respect to all reuse authorities located in a county that does not have a consolidated city, a redevelopment authority established under IC 36-7-14.5.(5) With respect to all reuse authorities located in a county with a consolidated city, an authority established under IC 36-7-15.3.(b) Notwithstanding any other law, a lessor under this section and section 19 of this chapter is a qualified entity for purposes of IC 5-1.4.(c) Notwithstanding any other law, a military base reuse facility leased by the reuse authority under this chapter from a lessor borrowing bond proceeds from a unit under IC 36-7-12 is an economic development facility for purposes of IC 36-7-11.9-3 and IC 36-7-12.(d) Notwithstanding IC 36-7-12-25 and IC 36-7-12-26, payments by a reuse authority to a lessor described in subsection (c) may be made from sources set forth in section 19 of this chapter if the payments and the lease are structured to prevent the lease obligation from constituting a debt of the unit or the district for purposes of the Constitution of the State of Indiana.As added by P.L.26-1995, SEC.14.
IN Code § 36-7-30-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-21. Covenant and Pledge of Revenues

Sec. 21. (a) Notwithstanding any other law, the legislative body may pledge revenues received or to be received by the unit from:(1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6;(2) any other source legally available to the unit for the purposes of this chapter; or(3) any combination of revenues under subdivisions (1) through (2);in any amount to pay amounts payable under section 18 or 19 of this chapter.(b) The legislative body may covenant to adopt an ordinance to increase revenues at the time it is necessary to raise funds to pay any amounts payable under section 18 or 19 of this chapter.(c) The reuse authority may pledge revenues received or to be received from any source legally available to the reuse authority for the purposes of this chapter in any amount to pay amounts payable under section 18 or 19 of this chapter.(d) The pledge or covenant under this section may be for the term of the bonds issued under section 18 of this chapter, the term of a lease entered into under section 19 of this chapter, or for a shorter period as determined by the legislative body. Money pledged by the legislative body under this section shall be considered revenues or other money available to the reuse authority under sections 18 through 19 of this chapter.(e) The general assembly covenants not to impair this pledge or covenant as long as any bonds issued under section 18 of this chapter are outstanding or as long as any lease entered into under section 19 of this chapter is still in effect. The pledge or covenant shall be enforced as provided in IC 5-1-14-4.As added by P.L.26-1995, SEC.14. Amended by P.L.197-2016, SEC.132.
IN Code § 36-7-30-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-22. Deposits to Military Base Reuse District Capital Fund and General Fund

Sec. 22. (a) All proceeds from the sale of bonds under section 18 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the property acquisition, redevelopment, and economic development of the military base reuse area. The fund shall be known as the military base reuse district capital fund.(b) All gifts or donations that are given or paid to the reuse authority or to the unit for military base reuse purposes shall be promptly deposited to the credit of the military base reuse district general fund unless otherwise directed by the grantor. The reuse authority may use these gifts and donations for the purposes of this chapter.As added by P.L.26-1995, SEC.14.
IN Code § 36-7-30-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-23. Payments From Funds

Sec. 23. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the secretary-treasurer or the secretary-treasurer's agent under section 6 of this chapter on vouchers of the reuse authority signed by the president or vice president and the secretary-treasurer or executive director. An appropriation is not necessary, but all money raised under this chapter is considered appropriated to the respective purposes stated and is under the control of the reuse authority. The reuse authority has complete and exclusive authority to expend the money for the purposes provided.(b) Each fund established by this chapter is a continuing fund and does not revert to the general fund of the unit at the end of the calendar year.As added by P.L.26-1995, SEC.14.
IN Code § 36-7-30-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 30. Reuse of Federal Military Bases|36-7-30-26. Resolution to Modify Definition of Property Taxes

Sec. 26. (a) As used in this section, "depreciable personal property" refers to:(1) all or any part of the designated taxpayer's depreciable personal property that is located in the allocation area; and(2) all or any part of the other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation area;and that is designated as depreciable personal property for purposes of this section by the reuse authority in a declaratory resolution adopted or amended under section 10 or 13 of this chapter.(b) As used in this section, "designated taxpayer" means a taxpayer designated by the reuse authority in a declaratory resolution adopted or amended under section 10 or 13 of this chapter, and with respect to which the reuse authority finds that taxes to be derived from the depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of the personal property, are needed to pay debt service or provide security for bonds issued or to be issued under section 18 of this chapter or make payments or provide security on leases payable or to be payable under section 19 of this chapter in order to provide local public improvements or structures for a particular allocation area.(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 25(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property located and taxable on the site of operations of the designated taxpayers in accordance with the procedures and limitations set forth in this section and section 25 of this chapter. If such a modification is included in the resolution, for purposes of section 25 of this chapter, the term "base assessed value" with respect to the depreciable personal property means, subject to section 25(i) of this chapter, the net assessed value of all the depreciable personal property as finally determined for the assessment date immediately preceding the adoption date of the modification, as adjusted under section 25(b) of this chapter.As added by P.L.26-1995, SEC.14. Amended by P.L.214-2019, SEC.48; P.L.257-2019, SEC.138.