Title 36, LOCAL GOVERNMENT

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.

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…

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…

Sec. 2. As used in this chapter, "authority" refers to a redevelopment authority created by this chapter. As added by P.L.380-1987(ss), SEC.18.

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 p…

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 int…

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, S…

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 r…

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 ci…

Sec. 3. As used in this chapter, "board" refers to the board of directors of the authority. As added by P.L.380-1987(ss), SEC.18.

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.

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), S…

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.…

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…

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 ex…

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 secret…

Sec. 9.5. (a) This section applies to meetings under IC 5-14-1.5 of members of: (1) the commission; or (2) the board. (b) The definitions in IC 5-14-1.5 apply to this section. (c) A member may participate in a meeting by an electronic means that allows: (1) all participating memb…

Sec. 1. This chapter applies to all counties. As added by P.L.44-1984, SEC.16.

Sec. 2. The county legislative body may establish a cumulative capital development fund under IC 6-1.1-41 to provide money for any purpose for which property taxes may be imposed within the county under the authority of: IC 3-11-6-9; IC 8-16-3; IC 8-16-3.1; IC 8-22-3-25; IC 14-27…

Sec. 6. (a) The county fiscal body may provide money for the cumulative capital development fund by levying a tax in compliance with IC 6-1.1-41 on the taxable property in the county. For purposes of this section, a county in which only the county economic development income tax …

Sec. 8. (a) The tax money collected under this chapter shall be held in a special fund to be known as the cumulative capital development fund. (b) In a county having a consolidated city, money may be transferred from the fund to the fund of a department of the consolidated city r…

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.

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…

Sec. 10. (a) After approval by the commission and the legislative body of the consolidated city under section 9 of this chapter, the commission shall publish notice of the adoption and substance of the resolution in accordance with IC 5-3-1. The notice must: (1) state that maps, …

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, …

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…

Sec. 12. (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. 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…

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 …

Sec. 15. (a) This section does not apply to the sale or grant of real property or interests in real property to: (1) nonprofit corporations, community development corporations, or neighborhood development corporations under section 15.1 of this chapter; or (2) an urban enterprise…

Sec. 15.1. (a) As used in this section, "qualifying corporation" refers to a nonprofit corporation or neighborhood development corporation that meets the requirements of subsection (b)(1) and the criteria established by the county fiscal body under subsection (i). (b) The commiss…

Sec. 15.2. (a) The commission may sell or grant, at no cost, title to real property to an urban enterprise association for the purpose of developing the real property if the following requirements are met: (1) The urban enterprise association has incorporated as a nonprofit corpo…

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 hear…

Sec. 15.6. (a) As used in this section, "abutting landowner" means an owner of property that: (1) touches, borders on, or is contiguous to the property that is the subject of sale; and (2) does not constitute a: (A) public easement; or (B) public right-of-way. (b) As used in this…

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 pro…

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…

Sec. 17. (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 19 of this chapter, the taxes allocated under section 26 of this chapter, or oth…

Sec. 17.1. (a) A commission may enter into a lease of any property that may be financed with the proceeds of bonds issued under 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 (25) years, …

Sec. 17.2. (a) Any of the following persons may lease facilities referred to in section 17.1 of this chapter to a commission: (1) A not-for-profit corporation organized under Indiana law or admitted to do business in Indiana. (2) An authority established under IC 36-10-9.1. (b) N…

Sec. 17.5. (a) Notwithstanding any other law, the legislative body may pledge revenues received or to be received by the unit from: (1) the unit's additional revenue from the local income tax that is designated for certified shares or economic development under IC 6-3.6-6; (2) an…

Sec. 18. (a) All proceeds from the sale of bonds under section 17 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 fun…

Sec. 19. (a) This section applies only to: (1) bonds that are issued under section 17 of this chapter; or (2) leases entered into under section 17.1 of this chapter; that are payable from a special tax levied upon all of the property in the redevelopment district. This section do…

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 p…

Sec. 20. In addition to its authority under any other section of this chapter, the commission may plan and undertake urban renewal projects. For purposes of this chapter, an urban renewal project includes undertakings and activities for the elimination or the prevention of the de…

Sec. 21. 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 comprehens…

Sec. 22. (a) In connection with the planning and undertaking of an urban renewal plan or urban renewal project, the commission and all public and private officers, agencies, and bodies have all the rights, powers, privileges, duties, and immunities that they have with respect to …