Title 36, LOCAL GOVERNMENT

Sec. 46. (a) A Barrett Law revolving improvement fund may be established under the municipal fiscal officer. This fund shall be initially funded by transferring to the fund from the surplus Barrett Law account any amount approved by the municipal legislative body. (b) If the legi…

Sec. 5. (a) A municipality may assume primary responsibility for the full payment of principal and interest of all bonds issued under this chapter (or under IC 36-9-19 before its repeal in 1993) for the improvement. (b) The following apply if the municipality assumes the responsi…

Sec. 6. If a property owner elects to pay the property owner's assessments in installments, the assessment shall be entered for collection on the improvement duplicate and shall be collected in the same manner as other taxes. As added by P.L.98-1993, SEC.8.

Sec. 7. (a) A municipal fiscal officer acting under this chapter shall, in the manner prescribed by IC 5-4-1, obtain, execute, and file a bond conditioned upon the following: (1) The faithful compliance of the municipal fiscal officer with this chapter. (2) The faithful accountin…

Sec. 8. (a) Each year the municipal legislative body shall include in the municipal legislative body's annual budget and tax levy the necessary expense of any of the following that will enable the municipal fiscal officer to perform the duties prescribed by this chapter: (1) Empl…

Sec. 8.5. (a) With respect to assessments imposed after June 30, 2001, the municipal works board shall establish a procedure to permit owners of real property in the unit to elect whether to pay assessments in: (1) ten (10), twenty (20), or thirty (30) annual installments; or (2)…

Sec. 9. (a) When the assessment roll for an improvement ordered by the works board of a municipality is finally approved, the assessment roll shall be certified to the municipal fiscal officer. The fiscal officer shall then collect the special assessments listed on the assessment…

Sec. 1. The following definitions apply throughout this chapter: (1) "Distressed real property" includes real property in a neglected or unmarketable condition. (2) "Eligible unit" means: (A) a county; (B) a consolidated city; (C) a second class city; or (D) a third class city; t…

Sec. 10. (a) A land bank shall do the following: (1) Maintain an inventory of real property held by the land bank. (2) Develop policies, guidelines, and procedures for the acquisition, redevelopment, and disposition of property by and from the land bank. The policies, guidelines,…

Sec. 11. A land bank may: (1) enter into an interlocal agreement under IC 36-1-7 with another governmental entity; or (2) otherwise contract with another governmental entity in Indiana to perform services for the governmental entity. As added by P.L.211-2016, SEC.1.…

Sec. 12. (a) This subsection does not apply to a consolidated city. The legislative body of an eligible unit that has established a land bank under section 2 of this chapter may not rescind the ordinance that the legislative body adopted under IC 36-7-9-3, unless the land bank is…

Sec. 13. Within six (6) months after an eligible unit has established a land bank under this chapter, the eligible unit shall furnish the land bank with a list of real property: (1) that is located in the territory of the land bank; (2) for which the eligible unit holds: (A) a ta…

Sec. 14. (a) The land bank may, as a condition of the purchase, transfer, or lease, require a person to enter into an agreement that conditions the purchase, transfer, or lease on the person fulfilling one (1) or more of the following terms: (1) If the property is a dwelling, res…

Sec. 15. IC 36-1-11 does not apply to a sale, transfer, or lease of property by the land bank. As added by P.L.211-2016, SEC.1.

Sec. 16. (a) This section applies to the following: (1) A person who owes: (A) delinquent taxes; (B) special assessments; (C) penalties; (D) interest; (E) costs directly attributable to a prior tax sale, if the tax sale occurs before July 1, 2016; or (F) costs attributable to a p…

Sec. 17. (a) As used in this section, "foreign business association" means a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership that is organized under the laws of another state or another country. (b) A fo…

Sec. 18. (a) Employees of a land bank are not employees of the eligible unit that established the land bank. (b) The board of a land bank may elect by resolution to provide programs of group health insurance for the land bank's employees and retired employees as provided under IC…

Sec. 19. A land bank's income is not subject to taxation under IC 6-3-1 through IC 6-3-7. As added by P.L.211-2016, SEC.1.

Sec. 2. (a) The legislative body of an eligible unit may adopt an ordinance: (1) establishing a body corporate and politic; or (2) directing the executive of the eligible unit to organize a nonprofit corporation under IC 23-17; as an independent instrumentality exercising essenti…

Sec. 20. Notwithstanding IC 6-1.1-10-4, after a land bank acquires title to a parcel of real property, the property tax exemption provided under IC 6-1.1-10-4 terminates for the parcel of real property on the final day of the first uninterrupted forty-eight (48) month period for …

Sec. 21. A land bank is subject to IC 5-14-1.5 (open door law) and IC 5-14-3 (public records law). As added by P.L.211-2016, SEC.1.

Sec. 22. The state board of accounts shall audit the funds and accounts of a land bank as provided under IC 5-11-1-25. As added by P.L.211-2016, SEC.1.

Sec. 23. A land bank may not be held liable for damages or subjected to equitable remedies for: (1) breach of a common law duty; (2) a violation of Indiana law; or (3) a violation of any order, permit, license, variance, or plan approval; concerning environmental damage to, or at…

Sec. 3. The bylaws of the land bank must require the board of the land bank to: (1) approve any purchase, transfer, or lease of real property held by the land bank in an open meeting of the board; and (2) consider any pertinent information before approving the purchase, transfer,…

Sec. 4. (a) A land bank is governed by a board of at least seven (7) and at most nine (9) directors. (b) A director of a land bank appointed under this section must have demonstrated competency in an occupation or discipline that is relevant to the primary purpose of a land bank.…

Sec. 4.5. (a) This section applies to the board of a land bank established under section 2(b) of this chapter. (b) The interlocal agreement providing for the establishment of the land bank must specify: (1) subject to section 4(a) of this chapter, the number of directors of the b…

Sec. 5. (a) This section applies to the board of a county land bank established by a county that does not have a consolidated city. (b) The board of a land bank to which this section applies is comprised of the following: (1) A director appointed by the county treasurer. A direct…

Sec. 6. (a) This section applies to the board of a county land bank established by a county that has a consolidated city. (b) The board of a land bank to which this section applies is comprised of the following: (1) Three (3) directors appointed by the county executive. A directo…

Sec. 7. (a) This section applies to the board of a land bank established by a second class city. (b) The board of a land bank to which this section applies is comprised of the following: (1) Three (3) directors appointed by the executive of the second class city. A director appoi…

Sec. 7.5. (a) This section applies to the board of a land bank established by a third class city. (b) The board of a land bank to which this section applies is comprised of the following: (1) Three (3) directors appointed by the executive of the third class city. A director appoi…

Sec. 8. Except as otherwise provided in this chapter, a land bank is granted all powers necessary, convenient, or appropriate to carry out and effectuate the land bank's public and corporate purposes, which include the power to do the following: (1) Sue or be sued in the land ban…

Sec. 9. (a) A land bank shall endeavor to acquire a diverse portfolio of properties to enable the land bank to dispose of diverse properties in diverse real estate markets in the county or municipal territory that the land bank serves and, thereby, generate revenue for the land b…

Sec. 1. This chapter applies to all municipalities. As added by P.L.98-1993, SEC.9.

Sec. 10. (a) Not later than ninety (90) days after the filing and recording of the articles of association, the association shall hold a meeting of all owners of real property in the area described in the articles for the purpose of electing directors of the association. (b) At l…

Sec. 11. (a) The directors of the association must be: (1) members of the association; and (2) owners of real property in the affected area. (b) The directors elected under section 10 of this chapter serve until the next annual meeting and until the directors' successors are elec…

Sec. 12. (a) The articles of association may be amended upon the recommendation of the directors and the approval of two-thirds (2/3) of all members of the association at a meeting called for that purpose. Amended articles must be signed and acknowledged by a majority of the dire…

Sec. 13. (a) Upon the filing of a petition under section 7 of this chapter, the municipal works board shall fix a date for a hearing on the establishment of the proposed improvement district. At least twenty-one (21) days before the date fixed for the hearing, the petitioners sha…

Sec. 14. (a) The owners of real property located in a proposed improvement district may remonstrate against the establishment of that district by filing a petition with the municipal works board. The county auditor shall verify the signatures on the petition. (b) If the number of…

Sec. 15. (a) At the hearing fixed under section 13 of this chapter, the municipal works board shall hear all owners of real property in the proposed improvement district who appear and request to be heard upon the following questions: (1) The sufficiency of the petition and notic…

Sec. 16. (a) If the works board determines that property not specially benefited or damaged has been included within boundaries described in the petition, the works board shall do the following: (1) Redefine the boundaries of the district and include in the works board's resoluti…

Sec. 17. (a) A resolution establishing an improvement district must also recite the following: (1) That all real property within the district is subject to assessment of special benefits and damages by appraisers to be appointed by the municipal works board. (2) That the assessme…

Sec. 18. (a) Upon adoption of a resolution establishing an improvement district, the petitioners for the district shall submit any plans, specifications, and estimates of the cost of the proposed improvement that the petitioners have prepared to the municipal works board for revi…

Sec. 19. (a) If: (1) an improvement under this chapter requires the acquisition of property or property rights; and (2) the acquisition cannot be made through the assessment proceedings established by this chapter; the municipality may proceed by eminent domain. (b) The eminent d…

Sec. 2. The following improvements may be made under this chapter: (1) Sidewalks. (2) Streets. (3) Pedestrian ways or malls that are set aside entirely or partly, or during restricted hours, for pedestrian rather than vehicular traffic. (4) Parking facilities. (5) Lighting. (6) E…

Sec. 20. (a) All contracts for construction of an improvement under this chapter shall be let by the municipal works board after advertisement as required for other contracts. (b) All statutes applicable to the letting and performance of other contracts apply to contracts under t…

Sec. 21. (a) After the municipal works board approves plans and specifications for an improvement under this chapter, the works board shall appoint three (3) disinterested persons as appraisers to examine the following: (1) The plans, specifications, and estimates of the cost of …