reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-26. Capital Fund; Deposits; Gifts; Allocation Fund

Sec. 26. (a) All proceeds from the sale of bonds under section 25.1 of this chapter shall be kept as a separate and specific fund to pay the expenses incurred in connection with the acquisition and redevelopment of property. The fund shall be known as the redevelopment district capital fund. Any surplus of funds remaining after all expenses are paid shall be paid into and become a part of the redevelopment district bond fund established under section 27 of this chapter.
(b) All gifts or donations that are given or paid to the department of redevelopment or to the unit for redevelopment purposes shall be promptly deposited to the credit of the redevelopment district capital fund. The redevelopment commission may use these gifts and donations for the purposes of this chapter.
(c) Before the eleventh day of each calendar month the fiscal officer shall notify the redevelopment commission and the officers of the unit who have duties in respect to the funds and accounts of the unit of the amount standing to the credit of the redevelopment district capital fund at the close of business on the last day of the preceding month.
(d) A redevelopment commission shall deposit in the allocation fund established under section 39(b)(4) of this chapter of an allocation area the proceeds from the sale or leasing of property in the area under section 22 of this chapter if:
(1) there are outstanding bonds that were issued to pay costs of redevelopment in the allocation area; and
(2) the bonds are payable solely or in part from tax proceeds allocated under section 39(b)(4) of this chapter.
[Pre-Local Government Recodification Citations: 18-7-7-24 part; 18-7-7-27 part; 18-7-7.1-24; 18-7-7.1-27 part.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.72-1983, SEC.3; P.L.38-1988, SEC.10; P.L.203-2011, SEC.7; P.L.236-2023, SEC.177.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-28. Tax Levy for Planning, Property Acquisition, and Expenses; Deposit in Capital and General Funds

Sec. 28. (a) A tax at a rate not to exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed valuation in a municipality and a tax at a rate not to exceed one and thirty-three hundredths cents ($0.0133) per one hundred dollars ($100) of assessed valuation in a county may be levied each year for the purposes of this chapter, including:
(1) the payment, in whole or in part, of planning and survey costs;
(2) the costs of property acquisition and redevelopment; and
(3) the payment of all general expenses of the department of redevelopment.
However, a county may not levy this tax within the jurisdiction of a city redevelopment commission.
(b) Each year the redevelopment commission shall formulate and file a budget for the tax levy, in the same manner as executive departments of the unit are required to formulate and file budgets. This budget is subject to review and modification in the same manner as the budgets and tax levies formulated by executive departments of the unit.
(c) Revenues obtained from the tax levy for the payment in whole or in part of the costs of acquisition of land, rights-of-way, or other properties shall be deposited in the redevelopment district capital fund established under section 26 of this chapter. Other revenues obtained from the tax levy shall be deposited in a fund to be known as the redevelopment district general fund.
[Pre-Local Government Recodification Citations: 18-7-7-26; 18-7-7.1-26.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.380-1987(ss), SEC.15; P.L.6-1997, SEC.210.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-29. Payments From Funds; Procedure

Sec. 29. (a) All payments from any of the funds established by this chapter shall be made by warrants drawn by the proper officers of the unit upon vouchers of the redevelopment commission signed by the president or vice president and the secretary or executive secretary.
(b) Each of the funds established by this chapter is a continuing fund and does not revert to the general fund of the unit at the end of the calendar year.
[Pre-Local Government Recodification Citations: 18-7-7-27 part; 18-7-7.1-27 part.]
As added by Acts 1981, P.L.309, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-30. Urban Renewal Projects; Authorization

Sec. 30. In addition to its authority under any other section of this chapter, the redevelopment commission may plan and undertake urban renewal projects. For purposes of this chapter, an urban renewal project includes undertakings and activities for the elimination and the prevention of the conditions described in IC 36-7-1-3, and may involve any work or undertaking that is performed for those purposes and is related to a redevelopment project, or any rehabilitation or conservation work, or any combination of such an undertaking or work, such as the following:
(1) Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements.
(2) Acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements on the property when necessary for the following:
(A) To eliminate unhealthful, unsanitary, or unsafe conditions.
(B) To mitigate or eliminate environmental contamination.
(C) To do any of the following:
(i) Lessen density.
(ii) Reduce traffic hazards.
(iii) Eliminate uses that are obsolete or otherwise detrimental to the public welfare.
(iv) Otherwise remove or prevent the spread of the conditions described in IC 36-7-1-3.
(v) Provide land for needed public facilities.
(3) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project.
(4) The disposition, for uses in accordance with the objectives of the urban renewal project, of any property acquired in the area of the project.
[Pre-Local Government Recodification Citations: 18-7-7-29; 18-7-7.1-29.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005, SEC.18; P.L.221-2007, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-31. Urban Renewal Plans

Sec. 31. An urban renewal project undertaken under this chapter must be undertaken in accordance with an urban renewal plan for the area of the project. For purposes of this chapter, an urban renewal plan is a plan for an urban renewal project that:
(1) conforms to the general plan for the municipality or county as a whole; and
(2) is sufficiently complete to indicate:
(A) land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation proposed to be carried out in the area of the urban renewal project;
(B) zoning and planning changes, if any;
(C) land uses;
(D) maximum densities;
(E) building requirements; and
(F) the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
[Pre-Local Government Recodification Citations: 18-7-7-30; 18-7-7.1-30.]
As added by Acts 1981, P.L.309, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-32. Urban Renewal Projects; Powers and Duties of Commissions; Units and Officers

Sec. 32. (a) In connection with the planning and undertaking of an urban renewal plan or urban renewal project, the redevelopment commission, municipal, county, public, and private officers, agencies, and bodies have all the rights, powers, privileges, duties, and immunities that they have with respect to a redevelopment plan or redevelopment project, as if all of the provisions of this chapter applicable to a redevelopment plan or redevelopment project were applicable to an urban renewal plan or urban renewal project.
(b) In addition to its other powers, the redevelopment commission may also:
(1) make plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements;
(2) make plans for the enforcement of laws and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements;
(3) make preliminary plans outlining urban renewal activities for neighborhoods to embrace two (2) or more urban renewal areas;
(4) make preliminary surveys, including environmental assessments, to determine if the undertaking and carrying out of an urban renewal project are feasible;
(5) make plans for the relocation of persons (including families, business concerns, and others) displaced by an urban renewal project;
(6) make relocation payments to or with respect to persons (including families, business concerns, and others) displaced by an urban renewal project, for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of payments financed by the federal government; and
(7) develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of the conditions described in IC 36-7-1-3 in urban areas.
[Pre-Local Government Recodification Citations: 18-7-7-31; 18-7-7.1-31.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005, SEC.19; P.L.221-2007, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-32.5. Repealed

As added by P.L.114-1989, SEC.8. Amended by P.L.31-1994, SEC.19; P.L.2-2002, SEC.111; P.L.163-2006, SEC.20; P.L.146-2008, SEC.736; P.L.118-2013, SEC.13. Repealed by P.L.149-2014, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-33. Urban Renewal Projects; Cooperation With Public Entities

Sec. 33. (a) Any:
(1) political subdivision;
(2) other governmental entity;
(3) public instrumentality created by state law; or
(4) public body created by state law;
may, in the area in which it is authorized to act, do all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project, including furnishing the financial and other assistance that it is authorized by this chapter to furnish for or in connection with a redevelopment plan or redevelopment project.
(b) The redevelopment commission may delegate to:
(1) an executive department of a unit or county;
(2) another governmental entity;
(3) a public instrumentality created by state law; or
(4) a public body created by state law;
any of the powers or functions of the commission with respect to the planning or undertaking of an urban renewal project in the area in which that department, entity, public instrumentality, or public body is authorized to act. The department, entity, public instrumentality, or public body may then carry out or perform those powers or functions for the commission.
(c) A unit, another governmental entity, a public instrumentality created by state law, or a public body created by state law may enter into agreements with the redevelopment commission or any other entity respecting action to be taken under this chapter, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. These agreements may extend over any period, notwithstanding any other law.
[Pre-Local Government Recodification Citations: 18-7-7-32; 18-7-7.1-32.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.221-2007, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-34. Preparation of Urban Rehabilitation Programs

Sec. 34. (a) The redevelopment commission may prepare a workable program:
(1) to use private and public resources to eliminate and prevent the conditions described in IC 36-7-1-3 in urban areas;
(2) to encourage needed urban rehabilitation;
(3) to provide for the redevelopment of areas needing redevelopment; or
(4) to undertake any feasible activities that are suitably employed to achieve the objectives of such a program.
(b) A program established under subsection (a) may include an official plan of action for:
(1) effectively dealing with the problem of areas needing redevelopment within the community; and
(2) the establishment and preservation of a well planned community with well organized residential neighborhoods of decent homes and suitable living environment for adequate family life.
[Pre-Local Government Recodification Citations: 18-7-7-33; 18-7-7.1-33.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.185-2005, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-37. Redevelopment Districts and Departments; Tax Exemptions

Sec. 37. (a) Real property acquired by the redevelopment district is exempt from taxation while owned by the district.
(b) All receipts of the department of redevelopment, including receipts from the sale of real property, personal property, and materials disposed of, are exempt from all taxes.
(c) All other property of the department of redevelopment is exempt from taxation.
[Pre-Local Government Recodification Citations: 18-7-7-35; 18-7-7.1-36.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.192-2002(ss), SEC.176.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-38. Repealed

[Pre-Local Government Recodification Citation: 18-7-7.1-40.]
As added by Acts 1981, P.L.309, SEC.33. Repealed by P.L.72-1983, SEC.9.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-39.2. Designated Taxpayer; Modification of Definition of Property Taxes; Allocation Provision of Declaratory Resolution

Sec. 39.2. (a) This section applies to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).
(b) As used in this section, "designated taxpayer" means any taxpayer designated by the commission in a declaratory resolution adopted or amended under section 15 or 17.5 of this chapter and with respect to which the commission finds that taxes to be derived from the taxpayer's depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are reasonably expected to exceed in one (1) or more future years the taxes to be derived from the taxpayer's real property in the allocation area in excess of the taxes attributable to the base assessed value of that real property.
(c) The allocation provision of a declaratory resolution may modify the definition of "property taxes" under section 39(a) of this chapter to include taxes imposed under IC 6-1.1 on the depreciable personal property of designated taxpayers, in accordance with the procedures and limitations set forth in this section and section 39 of this chapter. If such a modification is included in the resolution for purposes of section 39 of this chapter, the term "base assessed value" with respect to the depreciable personal property of designated taxpayers means, subject to section 39(j) of this chapter, the net assessed value of all the depreciable personal property as finally determined for the assessment date immediately preceding:
(1) the effective date of the modification, for modifications adopted before July 1, 1995; and
(2) the adoption date of the modification for modifications adopted after June 30, 1995;
as adjusted under section 39(h) of this chapter.
As added by P.L.170-1990, SEC.3. Amended by P.L.12-1992, SEC.170; P.L.25-1995, SEC.85; P.L.119-2012, SEC.207; P.L.214-2019, SEC.34; P.L.257-2019, SEC.121; P.L.104-2022, SEC.188.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-39.5. Repealed

As added by P.L.38-1988, SEC.12. Amended by P.L.114-1989, SEC.10; P.L.12-1992, SEC.171; P.L.1-1994, SEC.177; P.L.323-1995, SEC.1; P.L.192-2002(ss), SEC.178; P.L.1-2004, SEC.64 and P.L.23-2004, SEC.66. Repealed by P.L.146-2008, SEC.813.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-39.6. 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. 39.6. A redevelopment commission 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.26.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-40. Violations; Penalties

Sec. 40. A person who knowingly:
(1) applies any money raised under this chapter to any purpose other than those permitted by this chapter; or
(2) fails to follow the voucher and warrant procedure prescribed by this chapter in expending any money raised under this chapter;
commits a Level 5 felony.
[Pre-Local Government Recodification Citations: 18-7-7-37; 18-7-7.1-38.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.158-2013, SEC.675.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-41. Economic Development Area; Determination; Enlargement

Sec. 41. (a) The commission may, by following the procedures set forth in sections 15 through 17 of this chapter, approve a plan for and determine that a geographic area in the redevelopment district is an economic development area. Designation of an economic development area is subject to judicial review in the manner prescribed in section 18 of this chapter.
(b) The commission may determine that a geographic area is an economic development area if it finds that:
(1) the plan for the economic development area:
(A) promotes significant opportunities for the gainful employment of its citizens;
(B) attracts a major new business enterprise to the unit;
(C) retains or expands a significant business enterprise existing in the boundaries of the unit; or
(D) meets other purposes of this section and sections 2.5 and 43 of this chapter;
(2) the plan for the economic development area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under this section and sections 2.5 and 43 of this chapter because of:
(A) lack of local public improvement;
(B) existence of improvements or conditions that lower the value of the land below that of nearby land;
(C) multiple ownership of land; or
(D) other similar conditions;
(3) the public health and welfare will be benefited by accomplishment of the plan for the economic development area;
(4) the accomplishment of the plan for the economic development area will be a public utility and benefit as measured by:
(A) the attraction or retention of permanent jobs;
(B) an increase in the property tax base;
(C) improved diversity of the economic base; or
(D) other similar public benefits; and
(5) the plan for the economic development area conforms to other development and redevelopment plans for the unit.
(c) The determination that a geographic area is an economic development area must be approved by the unit's legislative body. The approval may be given either before or after judicial review is requested. The requirement that the unit's legislative body approve economic development areas does not prevent the commission from amending the plan for the economic development area. However, the enlargement of any boundary in the economic development area must be approved by the unit's legislative body.
As added by P.L.380-1987(ss), SEC.16 and P.L.393-1987(ss), SEC.5. Amended by P.L.114-1989, SEC.11; P.L.146-2008, SEC.739; P.L.172-2011, SEC.150.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-42. Repealed

As added by P.L.380-1987(ss), SEC.17; P.L.393-1987(ss), SEC.6. Repealed by P.L.192-1988, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-43. Rights, Powers, Privileges, and Immunities Exercisable by Commission in Economic Development Area; Fiscal or Legislative Body Authorization; Conditions

Sec. 43. (a) All of the rights, powers, privileges, and immunities that may be exercised by the commission in a redevelopment project area or urban renewal area may be exercised by the commission in an economic development area, subject to the following:
(1) The content and manner of exercise of these rights, powers, privileges, and immunities shall be determined by the purposes and nature of an economic development area. A right, power, privilege, or immunity that pertains to issuing bonds or incurring an obligation may not be exercised by a redevelopment commission unless it is first specifically authorized by the fiscal or legislative body of the unit, whichever applies, regardless of any other law.
(2) Real property (or interests in real property) relative to which action is taken in an economic development area is not required to meet the conditions described in IC 36-7-1-3.
(3) The special tax levied in accordance with section 27 of this chapter may be used to carry out activities under this chapter in economic development areas.
(4) Bonds may be issued in accordance with section 25.1 of this chapter to defray expenses of carrying out activities under this chapter in economic development areas if no other revenue sources are available for this purpose.
(5) The tax exemptions set forth in section 37 of this chapter are applicable in economic development areas.
(6) An economic development area may be an allocation area for the purposes of distribution and allocation of property taxes.
(b) The content and manner of discharge of duties set forth in section 11 of this chapter shall be determined by the purposes and nature of an economic development area.
As added by P.L.192-1988, SEC.2. Amended by P.L.185-2005, SEC.23; P.L.146-2008, SEC.740; P.L.149-2014, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-44. Military Base Reuse Area

Sec. 44. A redevelopment project area, an urban renewal area, or an economic development area established under this chapter may not include any land that constitutes part of a military base reuse area established under IC 36-7-30.
As added by P.L.26-1995, SEC.2. Amended by P.L.185-2005, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-44.2. Repealed

As added by P.L.25-1995, SEC.87. Amended by P.L.4-2005, SEC.136. Repealed by P.L.53-2014, SEC.148.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-45. Establishment of Program for Housing; Notices; Conditions

Sec. 45. (a) The commission may establish a program for housing by resolution. The program, which may include any relevant elements the commission considers appropriate, may be adopted as part of a redevelopment plan or amendment to a redevelopment plan, and must establish an allocation area for purposes of sections 39 and 48 of this chapter for the accomplishment of the program. The program must be approved by the municipal legislative body or county executive as specified in section 17 of this chapter.
(b) The notice and hearing provisions of sections 17 and 17.5 of this chapter, including notice under section 17(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (a). Judicial review of the resolution may be made under section 18 of this chapter.
(c) Before formal submission of any housing program to the commission, the department of redevelopment:
(1) shall consult with persons interested in or affected by the proposed program;
(2) shall provide the affected neighborhood associations, residents, and township assessors with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed program; and
(3) shall hold public meetings in the affected neighborhood to obtain the views of neighborhood associations and residents.
As added by P.L.154-2006, SEC.73.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-46. Commission Authority in Program for Housing

Sec. 46. All the rights, powers, privileges, and immunities that may be exercised by the commission in blighted, deteriorated, or deteriorating areas may be exercised by the commission in implementing its program for housing, including the following:
(1) The special tax levied in accordance with section 27 of this chapter may be used to accomplish the housing program.
(2) Bonds may be issued under this chapter to accomplish the housing program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area except for refunding bonds or bonds issued in an amount necessary to complete a housing program for which bonds were previously issued.
(3) Leases may be entered into under this chapter to accomplish the housing program.
(4) The tax exemptions set forth in section 37 of this chapter are applicable.
(5) Property taxes may be allocated under section 39 of this chapter.
As added by P.L.154-2006, SEC.74. Amended by P.L.149-2014, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-47. Commission Findings Required; Contents

Sec. 47. The commission must make the following findings in the resolution adopting a housing program under section 45 of this chapter:
(1) Not more than twenty-five (25) acres of the area included in the allocation area has been annexed during the preceding five (5) years.
(2) No area within the allocation area has been annexed within the preceding five (5) years over a remonstrance of a majority of the owners of land within the annexed area.
(3) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of:
(A) the lack of public improvements;
(B) the existence of improvements or conditions that lower the value of the land below that of nearby land; or
(C) other similar conditions.
(4) The public health and welfare will be benefited by accomplishment of the program.
(5) The accomplishment of the program will be of public utility and benefit as measured by:
(A) the provision of adequate housing for low and moderate income persons;
(B) an increase in the property tax base; or
(C) other similar public benefits.
(6) At least one-third (1/3) of the parcels in the allocation area established by the program are vacant.
(7) At least seventy-five percent (75%) of the allocation area is used for residential purposes or is planned to be used for residential purposes.
(8) At least one-third (1/3) of the residential units in the allocation area were constructed before 1941.
(9) At least one-third (1/3) of the parcels in the allocation area have at least one (1) of the following characteristics:
(A) The dwelling unit on the parcel is not permanently occupied.
(B) The parcel is the subject of a governmental order, issued under a statute or an ordinance, requiring the correction of a housing code violation or unsafe building condition.
(C) Two (2) or more property tax payments on the parcel are delinquent.
(D) The parcel is owned by local, state, or federal government.
(10) The total area within the county or municipality that is included in any allocation area established for a housing program under section 45 of this chapter does not exceed three hundred (300) acres.
As added by P.L.154-2006, SEC.75. Amended by P.L.68-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-49. Program for Age-Restricted Housing

Sec. 49. (a) A commission may adopt a resolution to establish a program for age-restricted housing. The program:
(1) must be limited to age-restricted housing that satisfies the requirements of 42 U.S.C. 3607 (the federal Housing for Older Persons Act);
(2) may include any relevant elements the commission considers appropriate;
(3) may be adopted as part of a redevelopment plan or an amendment to a redevelopment plan; and
(4) may establish an allocation area for purposes of sections 39 and 50 of this chapter for the accomplishment of the program.
The program must be approved by the municipal legislative body or county executive as specified in section 17 of this chapter.
(b) The notice and hearing provisions of sections 17 and 17.5 of this chapter, including notice under section 17(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (a). Judicial review of the resolution may be made under section 18 of this chapter.
(c) Before formal submission of any age-restricted housing program to the commission, the department of redevelopment:
(1) shall consult with persons interested in or affected by the proposed program; and
(2) shall hold public meetings in the areas to be affected by the proposed program to obtain the views of affected persons.
As added by P.L.7-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-50. Powers of Commission in Implementing Age-Restricted Housing Program

Sec. 50. (a) Except as provided in subsection (b), all the rights, powers, privileges, and immunities that may be exercised by a commission in blighted, deteriorated, or deteriorating areas may be exercised by a commission in implementing its program for age-restricted housing, including the following:
(1) The special tax levied in accordance with section 27 of this chapter may be used to accomplish the purposes of the age-restricted housing program.
(2) Bonds may be issued under this chapter to accomplish the purposes of the age-restricted housing program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area established under section 49 of this chapter, except for refunding bonds or bonds issued in an amount necessary to complete an age-restricted housing program for which bonds were previously issued.
(3) Leases may be entered into under this chapter to accomplish the purposes of the age-restricted housing program.
(4) The tax exemptions set forth in section 37 of this chapter are applicable.
(5) Property taxes may be allocated under section 39 of this chapter.
(b) A commission may not exercise the power of eminent domain in implementing its age-restricted housing program.
As added by P.L.7-2013, SEC.2. Amended by P.L.2-2014, SEC.120.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-51. Findings for Age-Restricted Housing Program

Sec. 51. (a) A commission must make the following findings in the resolution adopting an age-restricted housing program under section 49 of this chapter:
(1) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of:
(A) the lack of public improvements;
(B) the existence of improvements or conditions that lower the value of the land below that of nearby land; or
(C) other similar conditions.
(2) The public health and welfare will be benefited by accomplishment of the purposes of the program.
(3) The accomplishment of the purposes of the program will be of public utility and benefit as measured by:
(A) an increase in the property tax base;
(B) encouraging an age-diverse population in the unit; or
(C) other similar public benefits.
(4) The program will enable the unit to encourage older residents to locate or relocate to the unit.
(5) The program will not increase the school-age population.
(b) Any program for age-restricted housing established under this section and subject to the provisions of section 52 of this chapter may not require a developer, owner, or other interested party of any proposed or existing development to comply with any provisions of this section or the provisions of section 52 of this chapter unless the commission or its designated agent receives a notarized writing signed by the owner or owners of record of a development within the program area affirmatively indicating the owner's or owners' consent to comply. If the commission or its designated agent receives such a consent, the consenting party or the commission may terminate the application of this section to the proposed or existing development only if the commission and the consenting party agree to do so.
As added by P.L.7-2013, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-53. Residential Housing Development Program; Authorization; Procedures

Sec. 53. (a) A commission may establish a residential housing development program by resolution for the construction of new residential housing or the renovation of existing residential housing in an area within the jurisdiction of the commission.
(b) The program, which may include any relevant elements the commission considers appropriate, may be adopted as part of a redevelopment plan or amendment to a redevelopment plan, and must establish an allocation area for purposes of sections 39 and 56 of this chapter for the accomplishment of the program. The program must be approved by the municipal legislative body or county executive as specified in section 17 of this chapter.
(c) The notice and hearing provisions of sections 17 and 17.5 of this chapter, including notice under section 17(c) of this chapter to a taxing unit that is wholly or partly located within an allocation area, apply to the resolution adopted under subsection (b). Judicial review of the resolution may be made under section 18 of this chapter.
(d) Before formal submission of any residential housing development program to the commission, the department of redevelopment shall:
(1) consult with persons interested in or affected by the proposed program, including the superintendents and governing body presidents of all school corporations located within the proposed allocation area;
(2) provide the affected neighborhood associations, residents, and township assessors with an adequate opportunity to participate in an advisory role in planning, implementing, and evaluating the proposed program; and
(3) hold at least one (1) public meeting to obtain the views of neighborhood associations and residents of the affected neighborhood. The department of redevelopment shall send notice thirty (30) days prior to the public meeting to the fiscal officer of all affected taxing units and to the superintendents and governing body presidents of all school corporations located within the proposed allocation area.
(e) A residential housing development program established under this section must terminate not later than twenty (20) years after the date on which the first obligation was incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues from the program.
(f) A county or municipality may request from the department of local government finance a report, if it exists, describing the effect of current assessed value allocated to tax increment financing allocation areas on the amount of the tax levy or proceeds and the credit for excessive property taxes under IC 6-1.1-20.6 for the taxing units within the boundaries of the residential housing development program.
As added by P.L.235-2019, SEC.2. Amended by P.L.154-2020, SEC.48; P.L.204-2023, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-54. Residential Housing Development Program; Powers; Restrictions

Sec. 54. (a) This section applies only to a residential housing development program authorized by section 53 of this chapter.
(b) Except as provided in subsections (c) and (d), all the rights, powers, privileges, and immunities that may be exercised by the commission in blighted, deteriorated, or deteriorating areas may be exercised by the commission in implementing its program for a residential housing development, including the following:
(1) The special tax levied in accordance with section 27 of this chapter may be used to accomplish the purposes of the residential housing development program.
(2) Bonds may be issued under this chapter to accomplish the residential housing development program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area except for refunding bonds or bonds issued in an amount necessary to complete a residential housing development program for which bonds were previously issued.
(3) Leases may be entered into under this chapter to accomplish the residential housing development program.
(4) The tax exemptions set forth in section 37 of this chapter are applicable.
(5) Property taxes may be allocated under section 39 of this chapter.
(c) A commission may not exercise the power of eminent domain in implementing its residential housing development program.
(d) A commission may not enter into lease financing or bond financing unless the commission first obtains approval of the county or municipal legislative body.
(e) The residential housing in a residential housing development program may not be encumbered, used as collateral, subjected to a monetary assessment, or otherwise restricted in any way in order to provide security for repayment of a bond that is issued or a lease that is entered into for or in connection with the residential housing development program, including any:
(1) lien;
(2) mortgage;
(3) covenant;
(4) special assessment; or
(5) restriction on a homeowner's right to appeal a property tax assessment or other property tax issue affecting a homeowner's liability for property taxes.
As added by P.L.235-2019, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-55. Residential Housing Development Program; Required Findings

Sec. 55. (a) This section applies only to a residential housing development program authorized by section 53 of this chapter.
(b) The commission must make the following findings in the resolution adopting a residential housing development program under section 53 of this chapter:
(1) The public health and welfare will be benefited by accomplishment of the program.
(2) The accomplishment of the program will be of public utility and benefit as measured by:
(A) the provision of adequate residential housing;
(B) an increase in the property tax base; or
(C) other similar public benefits.
As added by P.L.235-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions › 36-7-14-57. Allocation Area Limitation

Sec. 57. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by:
(1) a resolution establishing an allocation provision under section 39 of this chapter that is adopted and approved under sections 15 through 17 of this chapter;
(2) a resolution adopted under IC 6-1.1-39-2 and confirmed under IC 6-1.1-39-3;
(3) a resolution adopted under IC 8-22-3.5-5 and confirmed under IC 8-22-3.5-6;
(4) a resolution establishing an allocation provision under IC 36-7-15.1-26 that is adopted and approved under IC 36-7-15.1-8, IC 36-7-15.1-9, and IC 36-7-15.1-10;
(5) a resolution establishing an allocation provision under IC 36-7-30-25 that is adopted and approved under IC 36-7-30-10, IC 36-7-30-11, and IC 36-7-30-12;
(6) a resolution establishing an allocation provision under IC 36-7-30.5-30 that is adopted and approved under IC 36-7-30.5-16, IC 36-7-30.5-17, and IC 36-7-30.5-18; or
(7) a resolution designating a certified technology park as an allocation area that is approved and adopted under IC 36-7-32-15;
on or before May 1, 2021. In addition, a new allocation area may not be established under this chapter that includes a parcel that is located in an allocation area described in this subsection.
(b) Except as provided in subsection (a), but notwithstanding any other provision, for the purpose of the allocation of property taxes under this chapter, a parcel may not be included in more than one (1) allocation area established under this chapter or under:
(1) IC 6-1.1-39;
(2) IC 8-22-3.5;
(3) IC 36-7-15.1;
(4) IC 36-7-30;
(5) IC 36-7-30.5;
(6) IC 36-7-32; or
(7) IC 36-7-32.5.
As added by P.L.38-2021, SEC.91. Amended by P.L.135-2022, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.2. Tax Rate Limitation › 36-7-14.2-1. "Property Taxes"

Sec. 1. As used in this chapter, "property taxes" means:
(1) property taxes, as described in:
(A) IC 6-1.1-39-5(g);
(B) IC 36-7-14-39(a);
(C) IC 36-7-14-39.2;
(D) IC 36-7-14-39.3(c);
(E) IC 36-7-14.5-12.5;
(F) IC 36-7-15.1-26(a);
(G) IC 36-7-15.1-26.2(c);
(H) IC 36-7-15.1-53(a);
(I) IC 36-7-15.1-55(c);
(J) IC 36-7-30-25(a)(3);
(K) IC 36-7-30-26(c);
(L) IC 36-7-30.5-30; or
(M) IC 36-7-30.5-31; and
(2) for allocation areas created under IC 8-22-3.5, the taxes assessed on taxable tangible property in the allocation area.
As added by P.L.80-2014, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.2. Tax Rate Limitation › 36-7-14.2-2. Inclusion of Certain Exempted Assessed Value for Purposes of Tax Rate Calculation

Sec. 2. Notwithstanding any other law, for assessment dates for which an exemption under IC 6-1.1-3-7.2 applies in a county, a tax rate for property taxes described in section 1 of this chapter must be calculated by including in the base assessed value (for purposes of this section only) the amount of the assessed value that would otherwise have been included in the base assessed value if the exemption under IC 6-1.1-3-7.2 were not in effect for the assessment date.
As added by P.L.80-2014, SEC.11.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-4. "Bonds" Defined

Sec. 4. As used in this chapter, "bonds" means bonds, notes, or other evidence of indebtedness issued by the authority.
As added by P.L.380-1987(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-5. "Commission" Defined

Sec. 5. As used in this chapter, "commission" refers to a redevelopment commission established under IC 36-7-14 or a military base reuse authority established under IC 36-7-30 and located outside the boundaries of a county with a consolidated city.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.2-1989, SEC.29; P.L.26-1995, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-6. "Local Public Improvement" Defined

Sec. 6. As used in this chapter, "local public improvement" means any of the following:
(1) A redevelopment project.
(2) A purpose of a commission under IC 36-7-14 or IC 36-7-30.
(3) A purpose of an authority under this chapter.
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.2-1989, SEC.30; P.L.26-1993, SEC.2; P.L.26-1995, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 14.5. Redevelopment Authority › 36-7-14.5-7. Creation of Redevelopment Authority; Subject to Laws of General Nature

Sec. 7. (a) A ____________ Redevelopment Authority (the blank to be filled in with a name designated by the legislative body of the unit) may be created in the unit as a separate body corporate and politic and as an instrumentality of the unit to exercise any power granted to the authority under this chapter.
(b) An authority may be created by ordinance of the legislative body of the unit.
(c) An authority is subject to the same laws, rules, and ordinances of a general nature that apply to all other authorities and departments of the unit. An authority is:
(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); and
(3) covered by IC 5-14-3 (the public records law).
As added by P.L.380-1987(ss), SEC.18. Amended by P.L.26-1993, SEC.3; P.L.149-2014, SEC.22.