reglab/housing_qa huggingface dataset:
IN Code § 36-10-4-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-20. Acquisition of Property for Various Purposes; Holding Property in Trust; Establishment of Museums; Contracts for Management and Maintenance of Facilities

Sec. 20. (a) Real and personal property may be granted, devised, leased, bequeathed, or conveyed to a city for park purposes or for the establishment, improvement, maintenance, or ornamentation of a park, playground, boulevard, pleasureway, parkway, wheelway, garden for horticulture and floriculture, museum, zoological garden, collection of natural history, observatory, library, fountain, monument, work of art, art gallery, or other public ground.(b) The city may take and hold the property in trust or upon conditions that are approved by the board. The property and the rents, issues, and profits from it are subject to the exclusive control of the board.(c) The board shall also provide accommodations and take the steps that the money at its disposal will justify for securing and preserving collections of natural history and the establishment of museums in the parks of the city.(d) The property may be improved, added to, and changed at the board's discretion and shall be protected, preserved, and arranged by the board for the public use and enjoyment under the rules that the board prescribes.(e) The public may use and enjoy the facilities, although the board may impose an admission charge for entrance into the gardens, museums, and other collections.(f) The board may also contract for the management and maintenance of gardens, museums, art galleries, or other institutions with a society incorporated under statute, as long as the public has the right to use and enjoy the facilities. The board may also impose an admission charge for entrance into these facilities, which remain subject to the control of the board.[Pre-Local Government Recodification Citation: 19-7-30-14.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-21. Eminent Domain; Damages; Prior Public Use

Sec. 21. (a) The board may exercise the power of eminent domain for the purposes of this chapter:(1) within the corporate boundaries of the city; and(2) before July 1, 2019, outside of the city within:(A) ten (10) miles; or(B) five (5) miles if the city adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981);of the corporate boundaries of the city and within the county in which the city is located.The board may award damages to landowners for real property and property rights appropriated or injuriously affected and assess benefits to property beneficially affected. If the board cannot agree with the owners, lessees, or occupants of any real property selected by the board for the purposes of this chapter, the board may condemn the property as provided in this chapter, and, when not inconsistent with this chapter, may proceed under statutes governing the condemnation of land and rights-of-way for other public purposes.(b) If the land or surface of the ground on, over, or across which it is necessary or advisable to establish, construct, or improve a boulevard, parkway, or pleasure driveway 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 entity appropriating it, the public use or prior condemnation does not bar the board from condemning the use of the ground for park purposes. However, the use by the board does not permanently prevent the use of the land or the surface of the ground for the prior public use or by the entity condemning or appropriating it. In a proceeding prosecuted by the board to condemn the use of land or the surface of the ground for purposes permitted by this chapter, the board must show that its proposed use will not permanently or seriously interfere with the continued use of the land or the surface of the ground.[Pre-Local Government Recodification Citations: 19-7-9-8; 19-7-30-15.]As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.320, SEC.16; P.L.3-1990, SEC.141; P.L.277-2019, SEC.16; P.L.156-2020, SEC.151.
IN Code § 36-10-4-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-22. Authority Concerning Rivers, Streams, and Waterways

Sec. 22. (a) This section applies only to the parts of rivers, streams, and waterways that are within or bordering park land and boulevards under the control of the board.(b) The board may:(1) keep open rivers, streams, and waterways and prevent the deposit of unsightly or obnoxious materials in or along them;(2) take over, improve, control, and provide for the protection of the banks of rivers, streams, and waterways, including building levees and taking over levees already built;(3) control the flow of water;(4) make rules and regulations concerning rivers, streams, and waterways and their banks as is necessary for these purposes;(5) dam or change the course of a river, stream, or waterway to provide water for sprinkling, boating, or other purposes;(6) provide pools or artificial lakes in parks; and(7) construct bridges and viaducts over or tunnels under rivers, watercourses, or railroads.(c) The board may also require the owners of real property abutting along and upon rivers, streams, and waterways to remove unsightly or obnoxious materials, filth, and unhealthy and unsanitary substances in or along them. Five (5) days' written notice shall be given to the owners that states the materials, filth, or substances to be removed. If a property owner fails to comply with the notice the board may remove the materials, filth, or substances. The expense of removal shall be certified by the board to the county treasurer and shall be collected by the treasurer in the same manner as assessments by the board for the improvement of boulevards are collected under this chapter and other statutes, including the sale of the property by the treasurer to pay delinquent expenses.[Pre-Local Government Recodification Citation: 19-7-30-16.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-24. Appropriation of Property; Purposes

Sec. 24. The board may appropriate property for:(1) establishing a park, parkway, pleasure driveway, or boulevard;(2) widening or extending a park, parkway, pleasure driveway, or boulevard;(3) opening, widening, or extending a route or right-of-way for a sewer or channel of a watercourse connected with or necessary for the protection of a park, parkway, pleasure driveway, or boulevard;(4) constructing an embankment or levee along a watercourse for the protection of a park, parkway, pleasure driveway, or boulevard;(5) constructing a bridge or viaduct upon or connected with a park, parkway, pleasure driveway, or boulevard; or(6) converting a public way connecting a park, parkway, or boulevard in the city into a boulevard or pleasure driveway.The board may also, in the same proceeding, provide for the construction of improvements to the property for the purposes for which the property is appropriated. In addition, the board may provide for the construction of any of the improvements when the property or a part of it has been secured by contract or other means.[Pre-Local Government Recodification Citation: 19-7-30-18.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-26. Letting of Contract for Construction; Bidder's Deposit; Payment; Limitation of Cost; Validity of Contract

Sec. 26. (a) If the board orders acquisition and construction and has advertised for bids for the construction after final adoption of the resolution, it shall require each bidder to deposit with the bidder's bid a certified check for an amount not less than two and one-half percent (2 1/2%) of the engineer's estimate of the cost of the improvement to insure the execution of the contract for which the bid is made.(b) The contract must state that payments for all work under the contract shall be made only from the special fund derived from the proceeds of bonds and special assessments. A contract may not be let for a higher amount than the estimated cost of the work, and the board may let parts of the proposed work under different contracts. The board may, at any time before the execution of a contract for the work, rescind any acts or orders in relation to the proposed work or take the supplementary proceedings that the board considers necessary.(c) The validity of a contract may not be subsequently questioned by any person except in an action to enjoin the performance of the contract instituted within fifteen (15) days after the execution of the contract. After that fifteen (15) day period, all proceedings and orders of the board preliminary to the contract are valid, conclusive, and binding upon all persons and are not subject to attack. The amount of the benefits resulting to all property in the city and the special tax shall be levied only for the balance.[Pre-Local Government Recodification Citations: 19-7-9-10; 19-7-30-20.]As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.382.
IN Code § 36-10-4-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-27. Properties Subject to Special Tax; Lands Subject to Special Assessment for Benefits; Determination of Benefits to All Property in City

Sec. 27. (a) After final action of the board confirming the resolution in its original form, all property located within the corporate boundaries of the city is subject to a special tax to provide money to pay the total cost of acquiring land, of an improvement, or of both, including all necessary incidental expenses. The special tax constitutes the amount of benefits resulting to the property from the proceedings and shall be levied as provided in this chapter.(b) If the board determines that any lots or parcels of land, exclusive of improvements, lying within two thousand (2,000) feet of either side of property to be acquired for a work of construction will incur a particular benefit because of proximity to the property to be acquired or the work of construction, the lots and parcels of land are subject to a special assessment for benefits in addition to the benefits received by them in common with all other property located in the city. The special assessment shall be determined in accordance with this chapter, but the total amount of the additional benefits assessed may not exceed twenty-five percent (25%) of the total cost of acquiring land, of the improvement, or of both.(c) The total amount of additional benefits assessed and finally confirmed or adjudged against lots and parcels of land, exclusive of improvements, lying within two thousand (2,000) feet shall be deducted from the total cost of acquiring new park land, of the improvement, or of both. The balance of the total cost constitutes the amount of the benefits resulting to all property in the city, with the special tax levied only for the balance.[Pre-Local Government Recodification Citations: 19-7-9-9 part; 19-7-30-21.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-28. Lists of Property Sought to Be Taken, Certain Property Incurring Particular Benefit, and Persons Affected Injuriously or Beneficially

Sec. 28. (a) When the resolution has been finally confirmed by the board, the board shall have prepared a list of all the owners or holders or property sought to be taken or that will be injuriously affected either by the appropriation of the land or the improvement. The board shall also have prepared a list of all of the owners or holders of lots or parcels of land lying within two thousand (2,000) feet on either side of the land to be acquired for park or boulevard purposes, for an improvement, or for both that will incur a particular benefit as provided in section 27 of this chapter by the acquisition, location, establishment, construction, or improvement of a park, playground, parkway, pleasure driveway, boulevard, improvement, or structure provided in the resolution.(b) In addition to the names, the list must show with reasonable certainty a description of the property belonging to each person that will be appropriated or affected either injuriously or beneficially. A greater certainty in names and description is not necessary for the validity of an award or assessment than is required in the assessment of taxes.[Pre-Local Government Recodification Citation: 19-7-30-22.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-29 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-29. Exempt Personal and Real Property; Exception

Sec. 29. All real and personal property that is exempt from taxes by statute is exempt from all taxes and assessments under this chapter, except assessments against abutting property for improvements constructed by the board under section 23 of this chapter.[Pre-Local Government Recodification Citation: 19-7-30-23.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-31. Notice to Mentally Incompetent Persons or Minors; Defects or Irregularities in Proceedings

Sec. 31. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify this fact to its attorney. The attorney shall then apply to the court and secure the appointment of a guardian for the person. The board shall give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the protected person already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.(b) If there are defects or irregularities of any kind in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings as to any other person. In case of a defect, supplementary proceedings of the same general character as those already prescribed may be had in order to cure it.[Pre-Local Government Recodification Citation: 19-7-30-25.]As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.33-1989, SEC.129.
IN Code § 36-10-4-32 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-32. Remonstrance Against Award or Assessment; Hearing; Decision; Appeal; Procedure; Costs

Sec. 32. (a) A person notified or considered to be notified under the preceding sections of this chapter may remonstrate in writing against an award or assessment and appear before the board on the day fixed for hearing remonstrances. Every person appearing before the board having an interest in the proceedings shall be given a hearing. After the remonstrances have been received and the hearings held, the board shall either sustain, increase, or decrease the awards or assessments.(b) A person remonstrating in writing who is aggrieved by the decision of the board may take an appeal to the circuit or superior court in the county in which the city is located. The appeal affects only the amount of the assessment or award of the person appealing.(c) The appeal may be taken by filing an original complaint in court against the board within ten (10) days after the board's decision. The complaint must set forth the action of the board regarding the assessment or award and the facts relied upon as showing an error of the board. The court, or if requested by a property owner or the board, a jury, shall rehear the matter of the assessment or award de novo and either confirm, decrease, or increase the amount. The cause shall be tried as a civil case. All remonstrances upon which an appeal is taken may be consolidated and heard as one (1) cause of action and shall be heard and determined as soon as practical.(d) If the amount of benefits assessed against the property is decreased by ten percent (10%) or more, or if the amount of damages is increased by ten percent (10%) or more, the plaintiff is entitled to recover costs.[Pre-Local Government Recodification Citations: 19-7-30-26; 19-7-30-27.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-33 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-33. The Local Assessment Duplicate; Collection by County Treasurer; Payment Date; Foreclosure; Installment Payments; Law Governing; Assessment Bonds; Expense of Notices

Sec. 33. (a) Upon completion of the assessment roll by the board, the board shall immediately prepare a duplicate of the assessment roll of benefits, to be known as "The Local Assessment Duplicate", and deliver it, duly certified, to the county treasurer. The amounts of benefits assessed are then liens superior to all other liens, except taxes, against the respective lots or parcels of land upon which they are assessed. The duties of the treasurer are the same as are prescribed by law for the collection of assessments for street improvements.(b) The assessments of benefits are due and payable to the treasurer from the time of the delivery of the assessment duplicate to the treasurer. If the assessments are not paid within sixty (60) days after delivery, the board, through its attorney, shall proceed to foreclose the liens in a court of competent jurisdiction as mortgages are foreclosed, with similar rights of redemption and the right to sell the property to pay the assessments. The board may recover costs, reasonable attorney's fees, and interest from the expiration of the sixty (60) day period at the rate of six percent (6%) per year. If the person against whom the assessment is made is a resident of the city, demand shall be made by delivery to the person personally or mailing to the person's last and usual place of residence a notice of the assessment and demand for payment.(c) A person assessed for special and local benefits may, within thirty (30) days after confirmation of the assessments, decide to pay the assessment in installments in the same manner as provided for the payment of assessments for the improvement or paving of streets in the city.(d) Statutes concerning the payment of street improvement assessments by installments, the issuance of bonds and coupons to anticipate assessments, and the rights of bondholders and landholders apply to assessments made under this chapter when consistent with this chapter. If assessment bonds are issued, they shall promptly be sold by the board in the same manner as park district bonds are authorized to be sold under section 35 of this chapter. Assessment bonds are exempt from taxation for all purposes. The expense of all notices with respect to assessments and delinquencies shall be paid by the board and all interest on delinquencies shall be deposited into the general fund of the board.[Pre-Local Government Recodification Citation: 19-7-30-28.]As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.127-2017, SEC.384.
IN Code § 36-10-4-34 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-34. Damage Awards; Certificates; Payment; Disputes as to Claimants

Sec. 34. (a) The board shall, upon completion of a damage award or upon the determination of an appeal, make out certificates for the proper amounts and in favor of the proper persons. When a person presents a certificate to the city fiscal officer, the person is entitled to a warrant on the city treasury. The warrant shall be countersigned by the president or vice president and the secretary of the board.(b) The city shall pay the persons the amounts due them as shown by the certificates. The certificates or vouchers shall, whenever practical, be actually tendered to the person entitled to them, but if this is impractical they shall be kept for the persons in the office of the board. The making and filing of the certificates is a valid effectual tender to the person entitled to them when there is sufficient money to pay them. The certificates shall be delivered to the person on request.(c) If a dispute or doubt arises as to which person shall be paid the money, the board shall make out the certificate in favor of the attorney appointed by the board for the use of the person entitled to it. The attorney shall then draw the money and pay it into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined. If an injunction is obtained because damages have not been paid or tendered, the board shall tender the amount of them, with interest from the time of the entry of the property, if entry has been made, and all accrued costs. The injunction shall then be disposed of, if there is sufficient money to pay the certificate. The pendency of an appeal to the circuit or superior court of a county does not affect the validity of a tender made under this section, but the board is entitled to proceed with its appropriation of the property in question.[Pre-Local Government Recodification Citation: 19-7-30-29.]As added by Acts 1981, P.L.309, SEC.111.
IN Code § 36-10-4-36 (2021)
2021 Indiana Code|Title 36. Local Government|Article 10. Recreation, Culture, and Community Facilities|Chapter 4. Parks Department in Certain Cities|36-10-4-36. Cumulative Building and Sinking Fund; Establishment; Levy of Tax

Sec. 36. (a) To raise money for any of the purposes for which bonds may be issued under section 35 of this chapter, the board may request that the city legislative body adopt an ordinance establishing a cumulative building and sinking fund. The legislative body may establish a cumulative building and sinking fund under IC 6-1.1-41. The tax may not exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of taxable personal and real property in the district.(b) The tax, when collected, shall be held in a public depository in a special fund to be known as the park district cumulative building and sinking fund.[Pre-Local Government Recodification Citation: 19-7-30-31.]As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.100; P.L.17-1995, SEC.43; P.L.6-1997, SEC.233.