reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 32.5. Innovation Development Districts › 36-7-32.5-16.5. State Gross Retail and Use Tax Paid or Collected by a Contractor; Report

Sec. 16.5. (a) A contractor that provides tangible personal property incorporated into real property in a project located in an innovation development district shall maintain records of all state gross retail and use tax paid or collected during a state fiscal year for the tangible personal property incorporated into the real property in projects located in an innovation development district.
(b) A contractor may issue an exemption certificate under IC 6-2.5-8-8 to a vendor when purchasing tangible personal property to be incorporated into real property located in an innovation development district.
(c) A contractor that issues an exemption certificate to a vendor under subsection (b) is liable for collecting gross retail tax from the customer on the tangible personal property if the contractor uses a time and materials contract, or when accruing and remitting state use tax on the purchase price of the tangible personal property if the contractor uses a lump sum contract.
(d) A contractor shall report the following to the department of state revenue, disaggregated by project, annually for each state fiscal year:
(1) The amount of state gross retail and use taxes paid or collected by a contractor with respect to tangible personal property incorporated into real property in a project located in an innovation development district.
(2) The issuing of any exemption certificates by the contractor under subsection (b).
A contractor shall report the information required under this subsection for a state fiscal year not later than the July 31 immediately following the end of the state fiscal year.
As added by P.L.201-2023, SEC.276.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 32.5. Innovation Development Districts › 36-7-32.5-17. Information to Department of State Revenue; Determination of Gross Retail Base Period Amount and Income Tax Base Period Amount

Sec. 17. (a) If an innovation development district is designated under section 9 of this chapter, the corporation shall send to the department of state revenue:
(1) a certified copy of the designation of the innovation development district under section 9 of this chapter;
(2) if an agreement is entered into under section 12 of this chapter, a certified copy of the agreement; and
(3) a complete list of the employers and businesses that are paying for the services of individuals who are not employees in the innovation development district and the street names and the range of street numbers of each street in the innovation development district.
The corporation 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 innovation development district, 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.135-2022, SEC.28. Amended by P.L.201-2023, SEC.277.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 32.5. Innovation Development Districts › 36-7-32.5-18. Tax Incremental Amount Calculations; Transfer of Tax Incremental Amounts

Sec. 18. (a) Before the first business day in October of each year, the department of state revenue shall calculate the income tax incremental amount and the gross retail incremental amount for the preceding state fiscal year for each innovation development district designated under this chapter.
(b) Taxpayers operating in an innovation development district shall report annually, in the manner and form prescribed by the department of state revenue, information that the department of state revenue determines necessary to calculate the net increment.
(c) A taxpayer operating in an innovation development district that files a consolidated tax return with the department of state revenue shall also file annually an informational return with the department of state revenue for each business location of the taxpayer within the innovation development district.
(d) If a taxpayer fails to report the information required by this section or file an informational return required by this section, the department of state revenue shall use the best information available in calculating the income tax incremental amount and gross retail incremental amount.
(e) The department of state revenue shall transfer the amount calculated as provided in subsection (a) to the applicable local innovation development district fund established for the innovation development district under section 19 of this chapter by November 1 of each year.
As added by P.L.135-2022, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 32.5. Innovation Development Districts › 36-7-32.5-20. Statewide Innovation Development District Fund; Administration; Use of Money in Fund

Sec. 20. (a) The statewide innovation development district fund is established within the state treasury to provide grants or loans to support the development or expansion of industry in Indiana.
(b) The fund consists of the following:
(1) Transfers from a local innovation development district fund under section 19(f) of this chapter.
(2) Appropriations from the general assembly.
(3) Loan repayments, including earnings from loans under subsection (d).
(c) The corporation shall administer the fund. The following may be paid from money in the fund:
(1) The expenses of administering the fund.
(2) Nonrecurring administrative expenses incurred to carry out the purposes of this chapter.
(d) Earnings from loans made under this chapter shall be deposited in the fund.
(e) The corporation may make grants, loans, or investments from the fund for the following purposes:
(1) For the purposes identified in section 19(d) of this chapter.
(2) For the acquisition and improvement of land or other property.
(3) For costs associated with creating new innovation development districts.
(4) For the development of partnerships, including grants and loans, between the state, advanced industry, and higher educational institutions focused on development, expansion, or retention in the state.
(5) For the stimulation of investments in entrepreneurial or high growth potential companies in the state.
(6) For workforce training assistance in the state.
(f) The corporation may use money in the fund to make a payment in lieu of a growing economy tax credit as provided in IC 6-3-5-5.
As added by P.L.135-2022, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 32.5. Innovation Development Districts › 36-7-32.5-21. Money in the Statewide Innovation Development District Fund Does Not Revert; Required Transfer

Sec. 21. (a) Except as provided in subsection (b), money in the statewide innovation development district fund established by section 20 of this chapter at the end of the state fiscal year does not revert to the state general fund.
(b) Notwithstanding subsection (a), if the unobligated balance of the statewide innovation development district fund established by section 20 of this chapter exceeds five hundred million dollars ($500,000,000) at the close of any state fiscal year, the amount of funds in excess of five hundred million dollars ($500,000,000) shall be transferred to the state general fund.
(c) Money in the fund is continuously appropriated for the purposes of this chapter.
As added by P.L.135-2022, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 33. State Institution Reuse Authority › 36-7-33-4. Establishment of Authority to Develop, Manage, and Plan for Use of Property Transferred to Municipality

Sec. 4. The legislative body of a municipality may adopt an ordinance to establish an authority to develop, manage, and plan for the use of property transferred by the state to the municipality.
As added by P.L.89-2004, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 33. State Institution Reuse Authority › 36-7-33-5. Ordinance; Required Provisions

Sec. 5. An ordinance adopted under this chapter must provide for the following:
(1) A board to govern the authority. The ordinance must provide for the following details regarding the board:
(A) The number of members.
(B) The manner of the appointment of the members.
(C) The term of office of board members. The term of office of a board member may not exceed four (4) years.
(D) The rules for the board's governance.
(2) The authority's and the board's powers and duties. The ordinance may not provide that the authority or the board has a power or duty that the municipality itself does not have.
As added by P.L.89-2004, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 33. State Institution Reuse Authority › 36-7-33-6. Powers and Duties of Authority

Sec. 6. Subject to section 5 of this chapter, an authority and the authority's board have the powers and duties set forth in the ordinance that establishes the authority.
As added by P.L.89-2004, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 34. Qualified Military Base Enhancement Area › 36-7-34-3. "Qualified Military Base"

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 34. Qualified Military Base Enhancement Area › 36-7-34-4. Establishment of Qualified Military Base Enhancement Areas

Sec. 4. A qualified military base enhancement area is established for each of the following:
(1) A technology park located within a radius of five (5) miles of a qualified military base. The geographic area of a qualified military base enhancement area established under this subdivision is the geographic area of the technology park.
(2) A county in which all or part of a qualified military base is located. The geographic area of a qualified military base enhancement area established under this subdivision is the geographic area of the county other than any area in which a technology park described in subdivision (1) is located.
As added by P.L.203-2005, SEC.16. Amended by P.L.180-2006, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 34. Qualified Military Base Enhancement Area › 36-7-34-5. Duties of Indiana Economic Development Corporation

Sec. 5. The Indiana economic development corporation shall do the following:
(1) Coordinate area development activities.
(2) Serve as a catalyst for area development.
(3) Promote each area to outside groups and individuals.
(4) Establish a formal line of communication with businesses in each area.
(5) Act as a liaison between businesses and local governments for any development activity that may affect each area.
(6) Act as a liaison between each area and residents of nearby communities.
As added by P.L.203-2005, SEC.16. Amended by P.L.1-2006, SEC.572.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-2. "Maintenance Activity" Defined

Sec. 2. As used in this chapter, "maintenance activity" means the remodeling, repair, or improvement of property as defined by a municipality in a PMA ordinance adopted under section 9 of this chapter.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-3. "Pma Certification" Defined

Sec. 3. As used in this chapter, "PMA certification" means a certification provided under section 9 of this chapter for qualified expenditures made on property in a property maintenance area.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-4. "Pma Ordinance" Defined

Sec. 4. As used in this chapter, "PMA ordinance" means an ordinance adopted by the fiscal body of a municipality under section 9 of this chapter.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-5. "Property" Defined

Sec. 5. (a) As used in this chapter, "property" means a building or structure:
(1) assessed as real property under IC 6-1.1-4; and
(2) listed in a PMA ordinance.
(b) The term does not include land.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-7. "Qualified Expenditure" Defined

Sec. 7. As used in this chapter, "qualified expenditure" means an expenditure made by a taxpayer for maintenance activities that qualify the taxpayer for a credit under IC 6-3.1-32.5 as determined under a PMA ordinance.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-8. "Residentially Distressed Area" Defined

Sec. 8. As used in this chapter, "residentially distressed area" means an area:
(1) that has a significant number of:
(A) dwellings (as defined in IC 6-1.1-12-37) within the area that are:
(i) not permanently occupied;
(ii) subject to an order issued under IC 36-7-9; or
(iii) evidencing significant building deficiencies; or
(B) vacant parcels of real property (as defined by IC 6-1.1-1-15); or
(2) that has experienced a net loss in the number of dwellings (as defined in IC 6-1.1-12-37).
As added by P.L.144-2008, SEC.47. Amended by P.L.1-2009, SEC.168.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-9. Pma Ordinance; Limitations on Area; Certification of Qualified Expenditures; Grants to Individuals

Sec. 9. (a) The fiscal body of a municipality located in a county may adopt an ordinance establishing a property maintenance area to provide certification of qualified expenditures on property in the property maintenance area. The ordinance shall be referred to as a PMA ordinance. The boundaries of a property maintenance area may not exceed five percent (5%) of the total land area of the municipality. The property maintenance area established under this section must be either:
(1) a residentially distressed area; or
(2) an area:
(A) that contains the types of property listed or defined in the PMA ordinance; and
(B) where the median assessed value of each type of property under clause (A) within the property maintenance area does not exceed the median assessed value for that type of property throughout the municipality.
(b) A municipality that adopts a PMA ordinance may provide grants to individuals who receive a PMA certification under this chapter. The amount of a grant provided under this subsection may not exceed the lesser of:
(1) fifty percent (50%) of the qualified expenditures certified in the PMA certification; or
(2) one thousand five hundred dollars ($1,500).
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-10. Period Pma Ordinance Is Effective; Required Information in Pma Ordinance

Sec. 10. A PMA ordinance adopted under section 9 of this chapter must be in effect for at least one (1) year and not more than ten (10) years and must include the following:
(1) The geographic boundaries of the property maintenance area.
(2) A list or definition of:
(A) the types of property; and
(B) the maintenance activities;
that may entitle a taxpayer to a credit under IC 6-3.1-32.5.
(3) The eligibility qualifications for a contractor to perform maintenance activities within the property maintenance area.
(4) The criteria for a landlord to be eligible for a PMA certification.
(5) The amount of the qualified expenditures that may be certified under this chapter.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-11. Permissible Inclusions in List or Definition of Maintenance Activities

Sec. 11. The list or definition of maintenance activities determined by the municipality under section 10(2) of this chapter may include installing, repairing, or upgrading:
(1) roofing;
(2) siding;
(3) a furnace;
(4) a window or windows;
(5) paint;
(6) a foundation;
(7) electrical wiring; or
(8) plumbing.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-12. Requirements for Eligibility Qualifications

Sec. 12. The eligibility qualifications established under section 10(3) of this chapter:
(1) may not prohibit or disallow certification of qualified expenditures made by the owner of property for maintenance activities performed by the owner on the property if all other requirements and qualifications are satisfied for obtaining a PMA certification under this chapter; and
(2) may require a contractor to submit to the fiscal body of the municipality:
(A) proof that the contractor holds a valid contractor's license;
(B) any complaints filed against the contractor with a better business bureau or a federal, state, or local unit of government; and
(C) financial statements or business plans of the contractor.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-13. Requirements for Landlord Eligibility for Pma Certification

Sec. 13. The criteria established under section 10(4) of this chapter must require a landlord to:
(1) report any violations relating to any health or housing codes applicable to any property in which the landlord has an interest;
(2) submit a plan, before receiving a PMA certification under this chapter, to correct all violations reported under subdivision (1); and
(3) repay to the municipality the amount of any grants awarded under this chapter, if the landlord does not correct all violations reported under subdivision (1) within a reasonable time, as determined by the municipality.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 35. Property Maintenance Areas › 36-7-35-14. Eligibility Requirements for Pma Certification

Sec. 14. If a person:
(1) makes a qualified expenditure on the person's property in a property maintenance area; and
(2) meets all the other requirements set forth in the PMA ordinance adopted by the municipality where the person's property is located;
the person is entitled to a PMA certification under this chapter.
As added by P.L.144-2008, SEC.47.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-1. "Abandoned Structure"

Sec. 1. As used in this chapter, "abandoned structure" means any of the following:
(1) Commercial real property or a vacant structure on commercial real property that is used or was previously used for industrial or commercial purposes, and:
(A) that the owner of the property or structure has declared in writing to be abandoned; or
(B) for which the owner of the property or structure has been given a written order by an enforcement authority to rehabilitate or demolish, and the owner:
(i) has not applied for a permit to rehabilitate or demolish the property or structure; or
(ii) applied for and was granted a permit, but rehabilitation or demolition work has not commenced on the property or structure within thirty (30) days after the date the permit was granted.
(2) Real property that has not been used for a legal purpose for at least six (6) consecutive months and:
(A) in the judgment of an enforcement authority, is in need of completion, rehabilitation, or repair, and completion, rehabilitation, or repair work has not taken place on the property for at least six (6) consecutive months;
(B) on which at least one (1) installment of property taxes is delinquent; or
(C) that has been declared a public nuisance by a hearing authority.
(3) Real property that has been declared in writing to be abandoned by the owner, including an estate or a trust that possesses the property.
(4) Vacant real property on which a municipal lien has remained unpaid for at least one (1) year.
(5) Real estate that a court has determined to be abandoned under IC 32-30-10.6.
As added by P.L.88-2009, SEC.15. Amended by P.L.102-2012, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-2. "Enforcement Authority"

Sec. 2. As used in this chapter, "enforcement authority" has the meaning set forth in IC 36-7-9-2.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-3. "Hearing Authority"

Sec. 3. As used in this chapter, "hearing authority" has the meaning set forth in IC 36-7-9-2.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-4. "Owner"

Sec. 4. As used in this chapter, "owner" means a person that holds a substantial interest in property in the form of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-5. "Vacant Real Property"

Sec. 5. As used in this chapter, "vacant real property" means real property that is not being occupied by an owner, tenant, or others authorized by the owner.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-6. "Vacant Structure"

Sec. 6. As used in this chapter, "vacant structure" means a structure or building that is not being occupied by an owner, tenant, or others authorized by the owner.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-7. Adoption of This Chapter; Rules and Procedures

Sec. 7. The legislative body of a municipality or county:
(1) may adopt this chapter by ordinance; and
(2) if the legislative body adopts this chapter by ordinance, shall adopt rules and procedures for its enforcement.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-8. Administration and Enforcement of This Chapter by Enforcement Authority; Court Costs and Attorney's Fees

Sec. 8. (a) An enforcement authority may administer and enforce this chapter in conjunction with any enforcement or civil action under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-1-6, or IC 36-7-9.
(b) Under all enforcement and civil actions designated under subsection (a), the enforcement authority is entitled to recover court costs and attorney's fees.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-9. Notice and Order by Enforcement Authority to Owner of Vacant or Abandoned Structure; Ordered Action

Sec. 9. If an enforcement authority determines that a vacant structure or an abandoned structure exists, an abatement notice and order may be sent to the owner that directs the owner to:
(1) abate the vacant structure or abandoned structure by cleaning and securing or boarding up the vacant structure or abandoned structure and the premises upon which it is located; and
(2) erect fences, barriers, berms, or other suitable means to discourage:
(A) access to the vacant structure or abandoned structure; and
(B) illegal dumping or littering on the premises upon which the vacant structure or abandoned structure exists.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 36. Abatement of Vacant Structures and Abandoned Structures › 36-7-36-10. Civil Penalties on Owners of Structures Left Vacant or Abandoned for Specified Periods; Exceptions; Limit on Penalty Amount

Sec. 10. (a) An owner of a property that remains a vacant structure or an abandoned structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500) per vacant structure or abandoned structure, not to exceed five thousand dollars ($5,000) per structure per year, unless:
(1) documentation has been filed and approved by the enforcement authority that indicates the owner's intent to eliminate the vacant structure or abandoned structure status of the property;
(2) the owner is current on all property taxes and special assessments; and
(3) at least one (1) of the following applies:
(A) The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order.
(B) The structure is:
(i) maintained in compliance with this chapter; and
(ii) actively being offered for sale, lease, or rent.
(C) The owner can demonstrate that the owner made a diligent and good faith effort to implement actions approved by the enforcement authority.
(b) If the structure continues to remain a vacant structure beyond the initial ninety (90) days described in subsection (a) and the owner does not meet any of the exceptions set forth in this section, the enforcement authority may continue to assess penalties each year on each structure in the following amounts:
(1) One thousand dollars ($1,000) for the second ninety (90) calendar day period each structure remains a vacant structure or an abandoned structure.
(2) One thousand five hundred dollars ($1,500) for the third ninety (90) calendar day period each structure remains a vacant structure or an abandoned structure.
(3) Two thousand dollars ($2,000) for the fourth and each subsequent ninety (90) calendar day period thereafter each structure remains a vacant structure or an abandoned structure.
A civil penalty under this subsection may not exceed five thousand dollars ($5,000) per structure per year.
As added by P.L.88-2009, SEC.15.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 37. Determination of Abandoned Property › 36-7-37-1. Determination of Abandonment by Court or Hearing Authority

Sec. 1. (a) Except as provided in subsections (b) and (c), as an alternative to seeking a determination of abandonment under any other statute:
(1) the executive of a county, city, or town that has jurisdiction in the location of a property may petition a court for a determination that the property is abandoned; or
(2) an enforcement authority, as defined by IC 36-7-9-2, may seek a determination from a hearing authority under IC 36-7-9. The hearing authority may make a determination of abandonment using the standards set forth in IC 32-30-10.6-5 after notice to the owner and a hearing under IC 36-7-9-7.
(b) If a person gives notice to the executive of the county, city, or town that has jurisdiction in the location of the property that the person is an owner of record for the property, all proceedings under this chapter are terminated. An owner of the property may give notice in person, by telephone, by electronic mail, or by United States mail.
(c) This chapter does not apply to a property covered by an installment payment plan under IC 6-1.1-10-16.
As added by P.L.247-2015, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 37. Determination of Abandoned Property › 36-7-37-2. Petition or Order for Determination of Abandonment; Contents

Sec. 2. A petition filed with the court under this chapter or an order by an enforcement authority under IC 36-7-9-7 with respect to property for which a determination of abandonment is being sought under this chapter must do all the following:
(1) Include a statement of the jurisdiction of the county, city, or town in the location of the property.
(2) Allege that the property is abandoned.
(3) Include evidence that one (1) or more of the conditions set forth in IC 32-30-10.6-5(a), which constitute prima facie evidence, apply.
(4) Include a statement that if the property is determined to be abandoned and any property taxes are delinquent, the property may be sold by the county at tax sale and the owner will have no right of redemption with respect to the property after the sale.
As added by P.L.247-2015, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 37. Determination of Abandoned Property › 36-7-37-3. Service of Petition or Order

Sec. 3. A petition under this section or an order by an enforcement authority under IC 36-7-9-7 with respect to property for which a determination of abandonment is being sought under this chapter shall be served on:
(1) any person with a substantial property interest of public record in the tract of real property; and
(2) any other appropriate party;
in the manner prescribed by the Indiana Rules of Trial Procedure in the case of a petition or in the manner prescribed by IC 36-7-9-7 in the case of an order by an enforcement authority.
As added by P.L.247-2015, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 37. Determination of Abandoned Property › 36-7-37-4. Order to Show Cause Why Property Should Not Be Determined Abandoned; Order to Appear

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.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 37. Determination of Abandoned Property › 36-7-37-5. Right to Present Evidence; Right to Counsel

Sec. 5. A party subject to an order issued by the court or hearing authority under this chapter has the following rights, as described in the court's or hearing authority's order under section 4 of this chapter:
(1) The right to present evidence or objections on the issue of abandonment to the court or hearing authority:
(A) in writing before the appearance date specified in the court's or hearing authority's order under section 4(1) of this chapter; or
(B) in writing or by oral testimony on the date and at the time specified in the court's or hearing authority's order under section 4(1) of this chapter;
in the manner specified by the court or hearing authority.
(2) The right to be represented by an attorney when appearing before the court or hearing authority.
As added by P.L.247-2015, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 37. Determination of Abandoned Property › 36-7-37-6. Timing of Notice of Sale of Vacant or Abandoned Property

Sec. 6. (a) This section applies to:
(1) a petition by the executive of a county, city, or town for a court order of abandonment; and
(2) an order by an enforcement authority under IC 36-7-9-7.
(b) Instead of providing notice at least one hundred twenty (120) days before the date of a certification under IC 6-1.1-24-1.5, the executive of the county, city, or town that is filing the petition or the enforcement authority that issued the order under IC 36-7-9-7 may provide the notice referred to in IC 6-1.1-24-2.3 at least one hundred twenty (120) days before the petition is filed under this chapter or the order is sent under IC 36-7-9-7.
(c) A court order or hearing authority determination of abandonment under this chapter authorizes the sale of the property and transfer of the deed of the property under IC 6-1.1-24.
As added by P.L.247-2015, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-1. Definitions

Sec. 1. The following definitions apply throughout this chapter:
(1) "Distressed real property" includes real property in a neglected or unmarketable condition.
(2) "Eligible unit" means:
(A) a county;
(B) a consolidated city;
(C) a second class city; or
(D) a third class city;
to which IC 36-7-9 applies.
(3) "Land bank" means an entity established under section 2 of this chapter.
(4) "Person" means an individual, a corporation, a limited liability company, a partnership, or other legal entity.
As added by P.L.211-2016, SEC.1. Amended by P.L.110-2017, SEC.4; P.L.26-2020, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-2. Establishment of a Land Bank

Sec. 2. (a) The legislative body of an eligible unit may adopt an ordinance:
(1) establishing a body corporate and politic; or
(2) directing the executive of the eligible unit to organize a nonprofit corporation under IC 23-17;
as an independent instrumentality exercising essential governmental functions.
(b) The legislative bodies of two (2) or more eligible units within a single county or within two (2) or more contiguous counties may enter into an interlocal agreement under IC 36-1-7:
(1) establishing a body corporate and politic; or
(2) directing the executive of one (1) of the eligible units entering into the interlocal agreement to organize a nonprofit corporation under IC 23-17;
as an independent instrumentality exercising essential governmental functions.
(c) The primary purpose of a land bank established under subsection (a) or (b) is to manage and improve the marketability of distressed real property located in the territory of the land bank.
(d) An ordinance or interlocal agreement establishing a land bank must specify:
(1) The name of the land bank.
(2) The number of board members, subject to section 4 of this chapter.
(e) The territory of a land bank established under subsection (a) is:
(1) in the case of an eligible unit that is a municipality, the territory of the municipality; or
(2) in the case of an eligible unit that is a county, all the territory of the county, except for the territory of any municipality in the county that has established another land bank.
(f) The territory of a land bank established under subsection (b) is the territory of all the eligible units that have established the land bank, except for the territory of any municipality that has established another land bank under subsection (a) or (b).
As added by P.L.211-2016, SEC.1. Amended by P.L.85-2017, SEC.125; P.L.110-2017, SEC.5; P.L.26-2020, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-3. Bylaws

Sec. 3. The bylaws of the land bank must require the board of the land bank to:
(1) approve any purchase, transfer, or lease of real property held by the land bank in an open meeting of the board; and
(2) consider any pertinent information before approving the purchase, transfer, or lease including:
(A) the assessed value of the real property;
(B) any factors that may affect the current value of the real property; and
(C) the financial ability of the person to fulfill the conditions of the purchase, transfer, or lease.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-4. Boards Generally

Sec. 4. (a) A land bank is governed by a board of at least seven (7) and at most nine (9) directors.
(b) A director of a land bank appointed under this section must have demonstrated competency in an occupation or discipline that is relevant to the primary purpose of a land bank.
(c) Except as provided in this chapter, the term of a director of a land bank is for three (3) consecutive calendar years.
(d) If a director of a land bank is unable to complete the director's term, the authority that appointed the director shall appoint a successor to serve for the remainder of the incomplete term.
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-4.5. Boards of Land Banks Made Up of Two or More Eligible Units

Sec. 4.5. (a) This section applies to the board of a land bank established under section 2(b) of this chapter.
(b) The interlocal agreement providing for the establishment of the land bank must specify:
(1) subject to section 4(a) of this chapter, the number of directors of the board of the land bank;
(2) any directors that are to serve as ex officio directors of the board; and
(3) for each director of the board that is to be appointed, the appointing authority.
As added by P.L.26-2020, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-5. Boards of County Land Banks; Counties Not Having a Consolidated City

Sec. 5. (a) This section applies to the board of a county land bank established by a county that does not have a consolidated city.
(b) The board of a land bank to which this section applies is comprised of the following:
(1) A director appointed by the county treasurer. A director appointed under this subdivision must be a resident of the county.
(2) A director appointed by the county auditor. A director appointed under this subdivision must be a resident of the county.
(3) Five (5) directors respectively appointed by the executives of the five (5) municipalities in the county with the five (5) largest populations, as determined by the most recent federal decennial census. A director appointed under this subdivision must reside in the municipality of the appointing authority that appoints the director.
(4) At most two (2) additional directors appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.
(c) The terms of the initial directors of a land bank to which this section applies are equal to:
(1) the remainder of the calendar year in which the land bank is established; plus
(2) a number of additional years equal to:
(A) one (1) calendar year, for:
(i) the director appointed under subsection (b)(1);
(ii) the director appointed under subsection (b)(2); and
(iii) the director appointed under subsection (b)(3) by the executive of the municipality in the county that has the largest population;
(B) two (2) calendar years, for directors appointed under subsection (b)(3) by the executives of the municipalities that have the second through the fourth largest populations in the county; and
(C) three (3) calendar years, for:
(i) the director appointed under subsection (b)(3) by the executive of the municipality that has the fifth largest population in the county; and
(ii) any directors appointed under subsection (b)(4).
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-6. Boards of County Land Banks; a County Having a Consolidated City

Sec. 6. (a) This section applies to the board of a county land bank established by a county that has a consolidated city.
(b) The board of a land bank to which this section applies is comprised of the following:
(1) Three (3) directors appointed by the county executive. A director appointed under this subdivision must be a resident of the county.
(2) Three (3) directors appointed by the legislative body of the county. A director appointed under this subdivision must be a resident of the county.
(3) A director appointed by the county auditor. A director appointed under this subdivision must be a resident of the county.
(4) A director appointed by the local community foundation. A director appointed under this subdivision must be a resident of the county.
(5) At most one (1) additional director appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.
(c) The terms of the initial directors of a land bank to which this section applies are equal to:
(1) the remainder of the calendar year in which the land bank is established; plus
(2) a number of additional years equal to:
(A) one (1) calendar year, for directors appointed under subsection (b)(1);
(B) two (2) calendar years, for directors appointed under subsection (b)(2); and
(C) three (3) calendar years, for directors appointed under subsection (b)(3) through (b)(5).
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-7. Boards of Land Banks of Second Class Cities

Sec. 7. (a) This section applies to the board of a land bank established by a second class city.
(b) The board of a land bank to which this section applies is comprised of the following:
(1) Three (3) directors appointed by the executive of the second class city. A director appointed under this subdivision must be a resident of the second class city.
(2) Three (3) directors appointed by the legislative body of the second class city. A director appointed under this subdivision must be a resident of the second class city.
(3) A director appointed by the county treasurer of the county in which the second class city is located, or the county treasurer of the county in which most residents of the second class city reside, if the second class city is located in more than one (1) county. A director appointed under this subdivision must be a resident of the second class city.
(4) At most two (2) additional directors appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.
(c) The terms of the initial directors of a land bank to which this section applies are equal to:
(1) the remainder of the calendar year in which the land bank is established; plus
(2) a number of additional years equal to:
(A) one (1) calendar year, for directors appointed under subsection (b)(1);
(B) two (2) calendar years, for directors appointed under subsection (b)(2); and
(C) three (3) calendar years, for directors appointed under subsection (b)(3) or (b)(4).
As added by P.L.211-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-7.5. Boards of Land Banks of Third Class Cities

Sec. 7.5. (a) This section applies to the board of a land bank established by a third class city.
(b) The board of a land bank to which this section applies is comprised of the following:
(1) Three (3) directors appointed by the executive of the third class city. A director appointed under this subdivision must be a resident of the third class city.
(2) Three (3) directors appointed by the legislative body of the third class city. A director appointed under this subdivision must be a resident of the third class city.
(3) A director appointed by the county treasurer of the county in which the third class city is located, or the county treasurer of the county in which most residents of the third class city reside, if the third class city is located in more than one (1) county. A director appointed under this subdivision must be a resident of the third class city.
(4) At most two (2) additional directors appointed, as applicable, in the manner and subject to the requirements set forth in the land bank's bylaws.
(c) The terms of the initial directors of a land bank to which this section applies are equal to:
(1) the remainder of the calendar year in which the land bank is established; plus
(2) a number of additional years equal to:
(A) one (1) calendar year, for directors appointed under subsection (b)(1);
(B) two (2) calendar years, for directors appointed under subsection (b)(2); and
(C) three (3) calendar years, for directors appointed under subsection (b)(3) or (b)(4).
As added by P.L.110-2017, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 38. Land Banks › 36-7-38-8. Powers

Sec. 8. Except as otherwise provided in this chapter, a land bank is granted all powers necessary, convenient, or appropriate to carry out and effectuate the land bank's public and corporate purposes, which include the power to do the following:
(1) Sue or be sued in the land bank's own name.
(2) Enter into contracts.
(3) Establish accounts with financial institutions.
(4) Acquire, lease, improve, repair, renovate, and dispose of property.
(5) Borrow money, including issue bonds.
(6) Pledge collateral.
(7) Make investments.
(8) Hire employees, including an executive director.
(9) Procure insurance.
As added by P.L.211-2016, SEC.1.