Title 36, LOCAL GOVERNMENT

Sec. 41. (a) A political subdivision, another governmental entity, a public instrumentality created by state law, or a 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 …

Sec. 42. (a) If no appeal is taken, or if an appeal is taken but is unsuccessful, the commission shall proceed with the proposed project, to the extent that money is available for that purpose. (b) The commission shall first approve and adopt a list of the real property and inter…

Sec. 43. A commission has the powers and must follow the procedures set forth in section 14 of this chapter. As added by P.L.102-1999, SEC.10.

Sec. 44. (a) The provisions of this section concerning appraisal, publication, and bidding requirements do not apply to sales, leases, or other dispositions of real or personal property interests in property to other public agencies, including the federal government or any agency…

Sec. 45. (a) In addition to other methods of raising money for property acquisition or redevelopment in a redevelopment project area, and in anticipation of the special tax to be levied under section 50 of this chapter, the taxes allocated under section 53 of this chapter, or oth…

Sec. 46. (a) A commission may enter into a lease of any property that may be financed with the proceeds of bonds issued under section 45 of this chapter with a lessor for a term not to exceed: (1) fifty (50) years, for a lease entered into before July 1, 2008; or (2) twenty-five …

Sec. 47. (a) Any of the following persons may lease facilities referred to in section 46 of this chapter to a commission: (1) A nonprofit corporation organized under Indiana law or admitted to do business in Indiana. (2) An authority established under IC 36-10-9.1. (b) Notwithsta…

Sec. 48. (a) Notwithstanding any other law, the legislative body of the excluded city may pledge revenues received or to be received by the excluded city from: (1) the excluded city's certified shares of the local income tax under IC 6-3.6; (2) any other source legally available …

Sec. 49. (a) All proceeds of bonds issued under section 45 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 fund. Any …

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 nonvoti…

Sec. 50. (a) This section applies only to: (1) bonds that are issued under section 45 of this chapter; or (2) leases entered into under section 46 of this chapter; that are payable from a special tax levied upon all of the property in the redevelopment district. This section does…

Sec. 51. (a) Subject to the approval of the legislative body of the consolidated city, and in order to: (1) undertake survey and planning activities under this chapter; (2) undertake and carry out any redevelopment project or economic development plan; (3) pay principal and inter…

Sec. 52. (a) Real property acquired by the redevelopment district is exempt from taxation while owned by the district. (b) All receipts of the redevelopment district, including receipts from the sale of real property, personal property, and materials disposed of, are exempt from …

Sec. 53. (a) As used in this section: "Allocation area" means that part of a redevelopment project area to which an allocation provision of a resolution adopted under section 40 of this chapter refers for purposes of distribution and allocation of property taxes. "Base assessed v…

Sec. 55. (a) As used in this section, "depreciable personal property" refers to all of the designated taxpayer's depreciable personal property that is located in the allocation area. (b) As used in this section, "designated taxpayer" means a taxpayer designated by the commission …

Sec. 57. (a) The commission may, by following the procedures set forth in sections 8, 9, and 10 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 s…

Sec. 57.5. Section 3(2) through 3(5) of this chapter and sections 64, 65, 66, and 67 of this chapter, as added in HEA 1157-2023, expire June 30, 2027. As added by P.L.236-2023, SEC.186.

Sec. 58. (a) All of the rights, powers, privileges, and immunities that may be exercised by a commission in a redevelopment project area may be exercised by a commission in an economic development area, subject to the following: (1) The content and manner of exercise of these rig…

Sec. 59. (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 releva…

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 …

Sec. 60. (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, i…

Sec. 61. (a) A commission must make the following findings in the resolution adopting an age-restricted housing program under section 59 of this chapter: (1) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of: …

Sec. 62. (a) Notwithstanding section 26(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the purposes of an age-restricted housing program adopted under section 59 of this chapter, "base assessed value" means, subject…

Sec. 63. (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 26 of this chapter that is adopted and approved under sections 8 through 10 of this chapt…

Sec. 64. (a) The commission may establish a residential housing development program by resolution for the construction of new residential housing or the renovation of existing residential housing if the average of new, single family residential houses constructed within the conso…

Sec. 65. (a) This section applies only to a residential housing development program established under section 64 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 bligh…

Sec. 66. (a) This section applies only to a residential housing development program established under section 64 of this chapter. (b) The commission must make the following findings in the resolution adopting a residential housing program under section 64 of this chapter: (1) The…

Sec. 67. (a) This section applies only to a residential housing development program established under section 64 of this chapter. (b) Notwithstanding section 26(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of the pur…

Sec. 7. (a) In carrying out its duties and purposes under this chapter, the commission may do the following: (1) Acquire by purchase, exchange, gift, grant, lease, or condemnation, or any combination of methods, any real or personal property or interest in property needed for the…

Sec. 8. (a) Whenever the commission finds that: (1) an area in the redevelopment district is an area needing redevelopment; (2) the conditions described in IC 36-7-1-3 cannot be corrected in the area by regulatory processes or by the ordinary operations of private enterprise with…

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…