reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-8. Composition of Board; Term of Office; Vacancy; Removal for Cause; Oath of Office; Compensation

Sec. 8. (a) The board is composed of three (3) members, who must be residents of the unit appointed by the executive of the unit.
(b) A member is entitled to serve a three (3) year term. A member may be reappointed to subsequent terms.
(c) If a vacancy occurs on the board, the executive of the unit shall fill the vacancy by appointing a new member for the remainder of the vacated term.
(d) A board member may be removed for cause by the executive of the unit.
(e) Each member, before entering upon the duties of office, must take and subscribe an oath of office under IC 5-4-1, which shall be endorsed upon the certificate of appointment and filed with the records of the board.
(f) A member may not receive a salary, and no profit or money of the authority inures to the benefit of a member.
As added by P.L.380-1987(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-9. Annual Meeting; Election of Officers; Special Meetings; Quorum; Reports

Sec. 9. (a) Each year, the board shall hold an organizational meeting on a day that is not a Saturday, a Sunday, or a legal holiday and that is their first meeting day of the year. It shall elect one (1) of the members president, another vice president, and another secretary-treasurer to perform the duties of those offices. These officers serve from the date of their election and until their successors are elected and qualified. The board may elect an assistant secretary-treasurer. Before April 1, the secretary-treasurer shall report annually to the board.
(b) Not later than April 15 of each year, the board shall submit a report setting out its activities during the preceding calendar year to:
(1) the executive and the fiscal body of the unit that established the redevelopment authority; and
(2) the department of local government finance in an electronic format.
(c) The report required under subsection (b) must also include the following information set forth for each tax increment financing district regarding the previous year:
(1) Revenues received.
(2) Expenses paid.
(3) Fund balances.
(4) The amount and maturity date for all outstanding obligations.
(5) The amount paid on outstanding obligations.
(6) A list of all the parcels included in each tax increment financing district allocation area and the base assessed value and incremental assessed value for each parcel in the list.
(d) Special meetings may be called by the president of the board or any two (2) members of the board.
(e) A majority of the members constitutes a quorum, and the concurrence of a majority of the members is necessary to authorize any action.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.23; P.L.87-2015, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-10. Bylaws; Rules

Sec. 10. The board may adopt such bylaws and rules as it considers necessary for the proper conduct of its duties and the safeguarding of the funds and property entrusted to its care.
As added by P.L.380-1987(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-11. Purposes of Authority; Prohibitions

Sec. 11. (a) The authority is organized for the following purposes:
(1) Financing, constructing, and leasing local public improvements to the commission.
(2) Financing and constructing additional improvements to local public improvements owned by the authority and leasing them to the commission.
(3) Acquiring all or a portion of one (1) or more local public improvements from the commission by purchase or lease and leasing these local public improvements back to the commission, with any additional improvements that may be made to them.
(4) Acquiring all or a portion of one (1) or more local public improvements from the commission by purchase or lease to fund or refund indebtedness incurred on account of those local public improvements to enable the commission to make a savings in debt services obligations or lease rental obligations or to obtain relief from covenants that the commission considers to be unduly burdensome.
(5) In a county having a United States government military base that is scheduled for closing or is completely or partially inactive or closed and if specified in the ordinance creating the authority or in another ordinance adopted by the executive body of the unit, an authority may exercise any of the powers of a redevelopment commission established under IC 36-7-14, including the establishment, in accordance with IC 36-7-14, of one (1) or more economic development areas in the county in addition to an economic development area established under section 12.5 of this chapter. However, an economic development area that includes any part of a military base described in section 12.5(a) of this chapter is subject to the requirements of section 12.5 of this chapter. An action taken by an authority under this subdivision shall be treated as if the action were taken under the law granting the power to the redevelopment commission.
(b) Notwithstanding any other provision of this chapter, after June 30, 2014:
(1) an authority; or
(2) any other entity:
(A) established by the authority; or
(B) controlled by the authority;
may not own, lease, or otherwise hold a single family dwelling or condominium unit for purposes of leasing for the use by individuals as a dwelling. In addition, an arrangement or agreement that is contrary to this section may not be extended beyond the term of the arrangement or agreement as in effect on June 30, 2014. However, an authority or entity covered by this section may own property in the capacity of a land bank for a unit.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.4; P.L.190-2005, SEC.10; P.L.1-2006, SEC.566; P.L.149-2014, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-12. Powers and Duties of Authority; Dissolution of Authority

Sec. 12. (a) In order to accomplish the purposes set forth in section 11(a) of this chapter, the authority may do the following:
(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, or equip local public improvements.
(2) Lease those local public improvements to the commission.
(3) Sue, be sued, plead, or be impleaded, but all actions against the authority must be brought in the circuit or superior court of the county in which the authority is located.
(4) Condemn, appropriate, lease, rent, purchase, or hold any real or personal property needed or considered useful in connection with local public improvements.
(5) Acquire real or personal property by gift, devise, or bequest and hold, use, or dispose of that property for the purposes authorized by this chapter.
(6) Enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a local public improvement.
(7) Design, order, contract for, or construct, reconstruct, or renovate any local public improvements or improvements thereto.
(8) Employ managers, superintendents, architects, engineers, attorneys, auditors, clerks, construction managers, or other employees necessary for construction of local public improvements or improvements to them.
(9) Make and enter into all contracts or agreements necessary or incidental to the performance of its duties or the execution of its powers under this chapter.
(10) Take any other action necessary to implement the authority's purposes as set forth in section 11(a) of this chapter.
(b) Whenever the board determines that:
(1) the purposes for which the authority was formed have been substantially fulfilled; and
(2) all bonds issued and all other obligations incurred by the authority have been fully paid or satisfied or provision for the payment of the bonds and obligations has been made in accordance with the terms of the resolution or trust indenture securing them;
the board may declare the authority dissolved. On the effective date of the resolution of dissolution, the title to all funds and other property owned by the authority at the time of the dissolution vests in the commission on behalf of the unit creating the commission. However, if the commission is not in existence, the title vests in the unit.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-12.3. Powers That May Be Exercised by County Executive

Sec. 12.3. (a) This section applies to a redevelopment commission in a county having a United States government military base that is scheduled for closing or is completely or partially inactive or closed.
(b) The county executive body may adopt an ordinance to elect to allow the authority for the county to exercise the powers described in section 11(a)(5) of this chapter. An ordinance adopted under this section may also do any of the following:
(1) Establish or change the:
(A) number of members on the board of the authority; or
(B) name of the authority;
that would otherwise apply under this chapter.
(2) Provide for any other matter that is necessary or appropriate to carry out the powers described in section 11(a)(5) or 12.5 of this chapter.
The county executive may amend or rescind an ordinance adopted under this section if the rights of holders of bonded indebtedness, leases, or other obligations (as defined under IC 5-1-3-1) of the authority are not adversely affected.
As added by P.L.190-2005, SEC.11. Amended by P.L.32-2021, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-12.6. Authorization to Enter Into an Agreement With a Taxpayer for Waiver of Review of an Assessment of Property Taxes in an Allocation Area During the Term of Bonds or Lease Obligations Payable From Allocated Property Taxes

Sec. 12.6. An authority may enter into a written agreement with a taxpayer who owns, or is otherwise obligated to pay property taxes on, tangible property that is or will be located in an allocation area established under this chapter in which the taxpayer waives review of any assessment of the taxpayer's tangible property that is located in the allocation area for an assessment date that occurs during the term of any specified bond or lease obligations that are payable from property taxes in accordance with an allocation provision for the allocation area and any applicable statute, ordinance, or resolution. An agreement described in this section may precede the establishment of the allocation area or the determination to issue bonds or enter into leases payable from the allocated property taxes.
As added by P.L.249-2015, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-13. Refunding Bonds; Fiscal Body Approval

Sec. 13. (a) Bonds issued under IC 36-7-14 may be refunded as provided in this section.
(b) Subject to the prior approval of the fiscal body of the unit under IC 36-7-14-25.2, the commission may:
(1) lease all or a portion of a local public improvement or improvements to the authority, which may be at a nominal lease rental with a lease back to the commission, conditioned upon the authority assuming bonds issued under IC 36-7-14 and issuing its bonds to refund those bonds; and
(2) sell all or a portion of a local public improvement or improvements to the authority for a price sufficient to provide for the refunding of those bonds and lease back the local public improvement or improvements from the authority.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.25.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-14. Lease of Local Public Improvements to Commission; Lease Provisions; Fiscal Body Approval

Sec. 14. (a) Before a lease may be entered into, the commission must:
(1) find that the lease rental provided for is fair and reasonable; and
(2) obtain the prior approval of the fiscal body of the unit under IC 36-7-14-25.2.
(b) A lease of local public improvements from the authority to the commission:
(1) must comply with IC 36-7-14-25.2 or IC 36-7-30-20;
(2) may not require payment of lease rental for a newly constructed local public improvement or for improvements to an existing local public improvement except to the extent that the local public improvement or improvements thereto have been completed and are ready for occupancy or use;
(3) may contain provisions:
(A) allowing the commission to continue to operate an existing local public improvement until completion of the improvements, reconstruction, or renovation; and
(B) requiring payment of lease rentals for an existing local public improvement being used, reconstructed, or renovated;
(4) may contain an option to renew the lease for the same or shorter term on the conditions provided in the lease;
(5) must contain an option for the commission to purchase the local public improvement upon the terms stated in the lease during the term of the lease for a price equal to the amount required to pay all indebtedness incurred on account of the local public improvement, including indebtedness incurred for the refunding of that indebtedness;
(6) may be entered into before acquisition or construction of a local public improvement;
(7) may provide that the commission shall agree to:
(A) pay all taxes and assessments thereon;
(B) maintain insurance thereon for the benefit of the authority; and
(C) assume responsibility for utilities, repairs, alterations, and any costs of operation; and
(8) may provide that the lease rental payments by the commission shall be made from any one (1) or more of the sources set forth in IC 36-7-14-25.2 or IC 36-7-30-20.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.35-1990, SEC.60; P.L.26-1995, SEC.6; P.L.149-2014, SEC.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-15. Legal Authority for Lease Agreements

Sec. 15. This chapter and IC 36-7-14-25.2 or IC 36-7-30-20, contain full and complete authority for leases between the authority and the commission. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board or the commission or any other officer, department, agency, or instrumentality of the state or any political subdivision is required to enter into any lease, except as prescribed in this chapter and IC 36-7-14-25.2 or IC 36-7-30-20.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1995, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-16. Plans and Specifications for Local Public Improvements to Be Constructed; Approval by Commission

Sec. 16. If the lease provides for a local public improvement or improvements thereto to be constructed by the authority, the plans and specifications shall be submitted to and approved by the commission.
As added by P.L.380-1987(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-17. Easement or License Agreements Between Authority and Commission; Recordation

Sec. 17. The authority and the commission may enter into common wall (party wall) agreements or other agreements concerning easements or licenses. These agreements shall be recorded with the recorder of the county.
As added by P.L.380-1987(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-18. Lease or Sale of Property From Commission to Authority; Fiscal Body Approval

Sec. 18. (a) The commission may lease for a nominal lease rental, or sell to the authority, one (1) or more local public improvements or portions thereof or land upon which a local public improvement is located or is to be constructed.
(b) Any lease of all or a portion of a local public improvement by the commission to the authority must be for a term equal to the term of the lease of that local public improvement back to the redevelopment commission.
(c) Subject to the prior approval of the fiscal body of the unit under IC 36-7-14-25.2, the commission may sell property to the authority for such amount as the commission determines to be in the best interest of the commission, which amount may be paid from the proceeds of bonds of the authority.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-19. Bonds; Procedures; Legislative Body Approval; Use of Revenue

Sec. 19. (a) Subject to the prior approval of the legislative body of the unit under IC 36-7-14-25.1, the authority may issue bonds for the purpose of obtaining money to pay the cost of:
(1) acquiring property;
(2) constructing, improving, reconstructing, or renovating one (1) or more local public improvements; or
(3) funding or refunding bonds issued under this chapter or IC 36-7-14.
(b) The bonds are payable solely from the lease rentals from the lease of the local public improvement for which the bonds were issued, insurance proceeds, and any other funds pledged or available.
(c) The bonds shall be authorized by a resolution of the board.
(d) The terms and form of the bonds shall either be set out in the resolution or in a form of trust indenture approved by the resolution.
(e) The bonds shall mature within fifty (50) years.
(f) The board shall sell the bonds at public or private sale upon such terms as determined by the board.
(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of the acquisition or construction, or both, of local public improvements, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:
(1) planning and development of the local public improvements and all related buildings, facilities, structures, and improvements;
(2) acquisition of a site and clearing and preparing the site for construction;
(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the local public improvements that are necessary or desirable to make the local public improvements suitable for use and operations;
(4) architectural, engineering, consultant, and attorney fees;
(5) incidental expenses in connection with the issuance and sale of bonds;
(6) reserves for principal and interest;
(7) interest during construction and for a period thereafter determined by the board, but in no event to exceed five (5) years;
(8) financial advisory fees;
(9) insurance during construction;
(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and
(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, and interest on, the bonds being refunded or refinanced.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.35-1990, SEC.61; P.L.149-2014, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-20. Authority for Issuance of Bonds; Legal Investment Status of Bonds

Sec. 20. (a) This chapter contains full and complete authority for the issuance of bonds. No law, procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the board of any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to issue any bonds, except as prescribed in this chapter.
(b) Bonds issued under this chapter are legal investments for private trust funds and the funds of banks, trust companies, insurance companies, building and loan associations, credit unions, banks of discount and deposit, savings banks, loan and trust and safe deposit companies, rural loan and savings associations, guaranty loan and savings associations, mortgage guaranty companies, small loan companies, industrial loan and investment companies, and other financial institutions organized under Indiana law.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.42-1993, SEC.97.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-21. Trust Indenture Securing Bonds; Fiscal Body Approval

Sec. 21. (a) The authority may secure bonds issued under this chapter by a trust indenture between the authority and a corporate trustee, which may be any trust company or national or state bank within Indiana that has trust powers.
(b) Before a trust indenture may be entered into, the authority must obtain the prior approval of the fiscal body of the unit under IC 36-7-14-25.2. The trust indenture may:
(1) pledge or assign lease rentals, receipts, and income from leased local public improvements, but may not mortgage land or local public improvements;
(2) contain reasonable and proper provisions for protecting and enforcing the rights and remedies of the bondholders, including covenants setting forth the duties of the authority and board;
(3) set forth the rights and remedies of bondholders and trustee; and
(4) restrict the individual right of action of bondholders.
(c) Any pledge or assignment made by the authority under this section and approved by the fiscal body of the unit is valid and binding in accordance with IC 5-1-14-4 from the time that the pledge or assignment is made, against all persons whether they have notice of the lien or not. Any trust indenture by which a pledge is created or an assignment need not be filed or recorded. The lien is perfected against third parties in accordance with IC 5-1-14-4.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.29.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-22. Issuance of Bonds; Option to Purchase Leased Property; Legislative Body Approval

Sec. 22. If the commission exercises its option to purchase leased property, it may, subject to the prior approval of the legislative body of the unit under IC 36-7-14-25.1, issue its bonds as authorized by statute.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.149-2014, SEC.30.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-23. Tax-Exempt Status of Authority Property and Bonds

Sec. 23. All:
(1) property owned by the authority;
(2) revenues of the authority; and
(3) bonds issued by the authority, the interest on the bonds, the proceeds received by a holder from the sale of bonds to the extent of the holder's cost of acquisition, proceeds received upon redemption before maturity, proceeds received at maturity, and the receipt of interest in proceeds;
are exempt from taxation in Indiana for all purposes except the financial institutions tax imposed under IC 6-5.5.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.21-1990, SEC.53; P.L.254-1997(ss), SEC.30; P.L.79-2017, SEC.81.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-24. Action Contesting Validity of Bonds

Sec. 24. Any action to contest the validity of bonds to be issued under this chapter may not be brought after the fifteenth day following:
(1) the receipt of bids for the bonds, if the bonds are sold at public sale; or
(2) the publication one (1) time in a newspaper of general circulation published in the county of notice of the execution and delivery of the contract for the sale of bonds;
whichever occurs first.
As added by P.L.380-1987(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15. Repealed

[Pre-Local Government Recodification Citations:
36-7-15-1formerly 18-7-7-4 part; 18-7-7-38 part36-7-15-2formerly Acts 1972, P.L.144, SECTION 2; Acts 1972, P.L.144, SECTION 3; Part new36-7-15-3formerly 18-7-7-6 part36-7-15-4formerly 18-7-7-7 part36-7-15-5formerly 18-7-7-11 part36-7-15-6formerly 18-7-7-18 part36-7-15-7formerly 18-7-7-25.536-7-15-8formerly 18-7-7-34 part36-7-15-9New.]
Repealed by Acts 1981, P.L.310, SEC.94.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-1. Application of Chapter

Sec. 1. This chapter applies in each county having a consolidated city.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.84-1987, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-1.3. Effect of Change of Reference From "Blighted, Deteriorated, or Deteriorating Area" to "Area Needing Redevelopment"

Sec. 1.3. (a) After June 30, 2005, a reference in any statute, rule, ordinance, resolution, contract, or other document or record to a blighted, deteriorated, or deteriorating area established under this chapter shall be treated as a reference to an area needing redevelopment (as defined in IC 36-7-1-3).
(b) After June 30, 2005, a reference in any statute, rule, ordinance, resolution, contract, or other document or record to a redevelopment area established under this chapter shall be treated as a reference to a redevelopment project area established under IC 36-7-14 or this chapter.
As added by P.L.20-2010, SEC.10.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-2. Declaration of Policy

Sec. 2. (a) The assessment, clearance, remediation, replanning, and redevelopment of areas needing redevelopment are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise, due to the necessity for the exercise of the power of eminent domain, the necessity for requiring the proper use of the land so as to best serve the interests of the county and its citizens, and the cost of these projects.
(b) The conditions that exist in areas needing redevelopment are beyond remedy and control by regulatory processes because of the obsolescence and deteriorated conditions of improvements, environmental contamination, faulty land use, shifting of population, and technological and social changes.
(c) The assessment, clearing, remediation, replanning, and redevelopment of areas needing redevelopment will benefit the health, safety, morals, and welfare and will serve to protect and increase property values in the county and the state.
(d) The assessment, clearance, remediation, replanning, and redevelopment of areas needing redevelopment under this chapter are public uses and purposes for which public money may be spent and private property may be acquired.
(e) This chapter shall be liberally construed to carry out the purposes of this section.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005, SEC.26; P.L.221-2007, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-3. Definitions

Sec. 3. Except as provided in section 37 of this chapter, the following definitions apply throughout this chapter:
(1) Subject to IC 36-3-4-23, "commission" means the metropolitan development commission acting as the redevelopment commission of the consolidated city.
(2) Subject to IC 36-3-4-23, "department" means the department of metropolitan development.
(3) "Residential housing" means housing or workforce housing that consists of single family dwelling units sufficient to secure quality housing in reasonable proximity to employment.
(4) "Residential housing development program" means a residential housing development program for the:
(A) construction of new residential housing; or
(B) renovation of existing residential housing;
established by the commission under section 64 of this chapter.
(5) "Workforce housing" means housing that is affordable for households with earned income that is sufficient to secure quality housing in reasonable proximity to employment.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.102-1999, SEC.2; P.L.126-2023, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-4. Redevelopment District Constituting Special Taxing District

Sec. 4. (a) The redevelopment district referred to in IC 36-3-1-6 constitutes a special taxing district for the purpose of levying and collecting special benefit taxes for redevelopment purposes as provided in this chapter.
(b) All of the taxable property within the redevelopment district is considered to be benefited by redevelopment projects carried out under this chapter to the extent of the special taxes levied under this chapter.
As added by Acts 1982, P.L.77, SEC.8.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-4.2. Redevelopment Commission and Department Subject to Open Government Laws

Sec. 4.2. A redevelopment commission and a department of redevelopment are:
(1) subject to audit by the state board of accounts under IC 5-11;
(2) covered by IC 5-14-1.5 (the public meetings law);
(3) covered by IC 5-14-3 (the public records law); and
(4) covered by IC 36-1-12 (the public works law).
As added by P.L.149-2014, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-4.3. Prohibition Regarding Single Family Residential Property

Sec. 4.3. Notwithstanding any other provision in this chapter, after June 30, 2014:
(1) a redevelopment commission;
(2) a department of redevelopment; or
(3) any other entity:
(A) established by the commission or department; or
(B) controlled by the commission or a member of the commission regardless of any pecuniary interest the member may have;
may not own, lease, or otherwise hold a single family dwelling or condominium unit for purposes of leasing for the use by individuals as a dwelling. In addition, an arrangement or agreement that is contrary to this section may not be extended beyond the term of the arrangement or agreement as in effect on June 30, 2014. However, a commission, department, or entity covered by this section may own property in the capacity of a land bank for a unit.
As added by P.L.149-2014, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-5. Pecuniary Interests of Commissioners and Nonvoting Advisers

Sec. 5. A member of the commission or a nonvoting adviser appointed under IC 36-7-4-207 may not have a pecuniary interest in any contract, employment, purchase, or sale made under this chapter. However, any property required for redevelopment purposes in which a member or nonvoting adviser has a pecuniary interest may be acquired but only by gift or condemnation.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.146-2008, SEC.743.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-6. Duties of Commission

Sec. 6. The commission shall:
(1) investigate, study, and survey areas needing redevelopment within the redevelopment district;
(2) investigate, study, determine, and to the extent possible combat the causes of the conditions described in IC 36-7-1-3;
(3) promote the use of land in the manner that best serves the interests of the consolidated city and its inhabitants, both from the standpoint of human needs and economic values;
(4) cooperate:
(A) with the departments and agencies of:
(i) the city; and
(ii) other governmental entities; and
(B) with:
(i) public instrumentalities; and
(ii) public bodies;
created by state law;
in the manner that best serves the purposes of this chapter;
(5) make findings and reports on its activities under this section, and keep those reports open to inspection by the public at the offices of the department;
(6) select and acquire the areas needing redevelopment to be redeveloped under this chapter; and
(7) replan and dispose of the areas needing redevelopment in the manner that best serves the social and economic interests of the city and its inhabitants.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005, SEC.27; P.L.221-2007, SEC.41.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-9. Conformity of Resolution and Redevelopment Plan With Comprehensive City Development Plan; Submission of Resolution and Plan to Legislative Body for Approval

Sec. 9. (a) After or concurrent with adoption of a resolution under section 8 of this chapter, the commission shall determine whether the resolution and the redevelopment plan conform to the comprehensive plan of development for the consolidated city and approve or disapprove the resolution and plan proposed. If the commission approves the resolution and plan, it shall submit the resolution and plan to the legislative body of the consolidated city, which may approve or disapprove the resolution and plan.
(b) In determining the location and extent of a redevelopment project area proposed to be acquired for redevelopment, the commission shall give consideration to transitional and permanent provisions for adequate housing for the residents of the area who will be displaced by the redevelopment project.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.185-2005, SEC.30; P.L.146-2008, SEC.746.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-10.5. Notice

Sec. 10.5. (a) In addition to the requirements of section 10 of this chapter, if the resolution or plan for an existing redevelopment project area or urban renewal area is proposed to be amended in a way that changes:
(1) parts of the area that are to be devoted to a public way, levee, sewerage, park, playground, or other public purpose;
(2) the proposed use of the land in the area; or
(3) requirements for rehabilitation, building requirements, proposed zoning, maximum densities, or similar requirements;
the commission must, at least ten (10) days before the public hearing under section 10 of this chapter, send the notice required by section 10 of this chapter by first class mail to affected neighborhood associations.
(b) In addition to the requirements of section 10 of this chapter, if the resolution or plan for an existing redevelopment project area or urban renewal area is proposed to be amended in a way that:
(1) enlarges the boundaries of the area; or
(2) adds one (1) or more parcels to the list of parcels to be acquired;
the commission must, at least ten (10) days before the public hearing under section 10 of this chapter, send the notice required by section 10 of this chapter by first class mail to affected neighborhood associations and to persons owning property that is in the proposed enlargement of the area or that is proposed to be added to the acquisition list. If the enlargement of an area is proposed, notice must also be filed in accordance with section 10(b) of this chapter, and agencies and officers may not take actions prohibited by section 10(b) in the proposed enlarged area.
(c) The commission may require that neighborhood associations register with the commission. The commission may adopt a rule that requires that a neighborhood association encompass a part of the geographic area included in or proposed to be included in a redevelopment project area, urban renewal area, or economic development area to qualify as an affected neighborhood association.
As added by P.L.193-1988, SEC.2. Amended by P.L.185-2005, SEC.31; P.L.146-2008, SEC.748.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-11. Remonstrance; Appeal

Sec. 11. (a) A person who filed a written remonstrance with the commission under section 10 of this chapter and is aggrieved by the final action taken may, within ten (10) days after that final action, file with the presiding judge of the superior court a copy of the order of the commission and the person's remonstrance against that order, together with the person's bond, as provided by IC 34-13-5-7, in the event the appeal is determined against the person. The burden of proof is on the remonstrator, and no change of venue may be granted.
(b) An appeal under this section shall be promptly heard by the court without a jury. Except in a county containing a consolidated city, all the judges of the court, or a majority of the judges if not all are available, shall hear the appeal. In a county containing a consolidated city, the appeal shall be heard by one (1) judge unless rules adopted by the court or by the Indiana supreme court require an appeal to be heard by additional judges. All remonstrances upon which an appeal has been taken shall be consolidated and heard and determined within thirty (30) days after the time of the filing of the appeal. The court shall decide the appeal based on the record and evidence before the commission, not by trial de novo. It may confirm the final action of the commission or sustain the remonstrances. If the appeal is decided in a county that does not contain a consolidated city, the vote of at least a majority of all the elected judges is required to confirm the final action of the commission or sustain the remonstrances. The judgment of the court is final and conclusive, unless an appeal is taken as in other civil actions. An appeal to the court of appeals or supreme court has priority over all other civil appeals.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.1-1998, SEC.207; P.L.141-2007, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-13. Eminent Domain; Approval by City-County Legislative Body

Sec. 13. (a) Subject to the approval of the city-county legislative body, if the commission considers it necessary to acquire real property in a redevelopment project 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 city on behalf of the department in the circuit or superior court of the county.
(b) Eminent domain proceedings under this section are governed by IC 32-24.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.2-2002, SEC.112; P.L.185-2005, SEC.33; P.L.146-2008, SEC.749.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-14. Clearing and Planning by Commission; Repair and Maintenance; Environmental Contamination; Labor and Contracts; Utilities; Payments; Public Dedication

Sec. 14. (a) The commission may proceed with the clearing and replanning of the area described in the resolution before the acquisition of all of that area. It may also proceed with any of the following:
(1) The repair and maintenance of buildings that have been acquired and are not to be cleared.
(2) Investigation of environmental contamination.
(3) Remediation of environmental contamination.
The commission may carry out the activities under this subsection by labor employed directly by the commission or by contract. Contracts for clearance may provide that the contractor is entitled to retain and dispose of salvaged material, as a part of the contract price or on the basis of stated prices for the amounts of the various materials actually salvaged.
(b) All contracts for material or labor under this section shall be let under IC 36-1.
(c) In the replanning and rezoning of the real property acquired, the opening, closing, relocation, and improvement of public ways, and the construction, relocation, or improvement of levees, sewers, and utility services, the commission shall proceed in the same manner as private owners of property. It may negotiate with the proper officers and agencies to secure the proper orders, approvals, and consents.
(d) The commission may pay any charges or assessments made on account of orders, approvals, consents, and construction work under this section, or may agree to pay these assessments in installments as provided by statute in the case of private owners. The commission may:
(1) by special waiver filed with the works board, waive the statutory procedure and notices required by law in order to create valid liens on private property; and
(2) cause any assessments to be spread on a different basis than that provided by statute.
(e) None of the real property acquired under this chapter may be set aside and dedicated for public ways, sewers, levees, parks, or other public purposes until the commission has obtained the consent and approval of the department or agency under whose jurisdiction the property will be placed.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.221-2007, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-15.5. Additional Powers of Commission

Sec. 15.5. (a) This section applies to the following:
(1) Real property:
(A) that was acquired by the commission to carry out a redevelopment project, an economic development area project, or an urban renewal project; and
(B) relative to which the commission has, at a public hearing, decided that the real property is not needed to complete the redevelopment activity, an economic development area activity, or urban renewal activity in the project area.
(2) Real property acquired under this chapter that is not in a redevelopment project area, an economic development area, or an urban renewal project area.
(3) Parcels of property secured from the county under IC 6-1.1-25-9(e) that were acquired by the county under IC 6-1.1-24 and IC 6-1.1-25.
(4) Real property donated or transferred to the commission to be held and disposed of under this section.
However, this section does not apply to property acquired under section 22.5 of this chapter.
(b) The commission may do the following to or for real property described in subsection (a):
(1) Examine, classify, manage, protect, insure, and maintain the property.
(2) Eliminate deficiencies (including environmental deficiencies), carry out repairs, remove structures, and make improvements.
(3) Control the use of the property.
(4) Lease the property.
(5) Use any powers under section 7(a) or 7(b) of this chapter in relation to the property.
(c) The commission may enter into contracts to carry out part or all of the functions described in subsection (b).
(d) The commission may extinguish all delinquent taxes, special assessments, and penalties relative to real property donated to the commission to be held and disposed of under this section. The commission shall provide the county auditor with a list of the real property on which delinquent taxes, special assessments, and penalties are extinguished under this subsection.
(e) Real property described in subsection (a) may be sold, exchanged, transferred, granted, donated, or otherwise disposed of in any of the following ways:
(1) In accordance with section 15, 15.1, 15.2, 15.6, or 15.7 of this chapter.
(2) In accordance with the provisions authorizing an urban homesteading program under IC 36-7-17 or IC 36-7-17.1.
(f) In disposing of real property under subsection (e), the commission may:
(1) group together properties for disposition in a manner that will best serve the interest of the community, from the standpoint of both human and economic welfare; and
(2) group together nearby or similar properties to facilitate convenient disposition.
As added by P.L.169-2006, SEC.73. Amended by P.L.118-2013, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-15.7. Disposal of Real Property; Appraisal

Sec. 15.7. (a) The commission may dispose of real property to which section 15.5 of this chapter applies by following the procedure set forth in this section.
(b) The commission shall first have the property appraised by two (2) appraisers. The appraisers must be:
(1) persons professionally engaged in making appraisals;
(2) persons licensed under IC 25-34.1; or
(3) employees of the political subdivision familiar with the value of the property.
The appraisers shall make a joint appraisal of the property.
(c) The commission may:
(1) negotiate a sale or transfer; and
(2) dispose of the property;
at a value that is not less than the appraised value determined under subsection (b).
(d) Disposal of real property under this chapter is subject to the approval of the commission. The commission may not approve a disposal of property without conducting a public hearing after giving notice under IC 5-3-1.
(e) In addition to any other reason for disapproving a disposal of property under this section, the commission may disapprove a sale of a tract of residential property to any bidder who does not by affidavit declare that the bidder will reside on that property for at least one (1) year after the bidder obtains possession of the property.
As added by P.L.169-2006, SEC.75.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment › 36-7-15.1-16. Special Tax on Property in Redevelopment District

Sec. 16. (a) For the purpose of raising money to carry out this chapter or IC 36-7-15.3, the city-county legislative body may levy each year a special tax upon all property in the redevelopment district. The tax so levied each year shall be certified to the fiscal officers of the city and the county before November 1 of each year. The tax shall be estimated and entered upon the tax duplicates by the county auditor, and shall be collected and enforced by the county treasurer in the same manner as state and county taxes are estimated, entered, collected, and enforced.
(b) As the tax is collected by the county treasurer, it shall be accumulated and kept in a separate fund to be known as the redevelopment district fund and shall be expended and applied only for the purposes of this chapter or IC 36-7-15.3.
(c) The amount of the special tax levy shall be based on the budget of the department but may not exceed one and sixty-seven hundredths cents ($0.0167) on each one hundred dollars ($100) of taxable valuation in the redevelopment district, except as otherwise provided in this chapter.
(d) The budgets and tax levies under this chapter are subject to review and modification in the manner prescribed by IC 36-3-6.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.84-1987, SEC.7; P.L.2-1989, SEC.32; P.L.6-1997, SEC.211; P.L.146-2008, SEC.750; P.L.137-2012, SEC.120.