Title 36, LOCAL GOVERNMENT

Note: This version of section effective 7-1-2026. See also previous version of this section, effective until 7-1-2026. Sec. 26. (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 …

Sec. 26.2. (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 commissio…

Sec. 26.6. (a) The 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 …

Sec. 26.8. (a) Notwithstanding any other law, if the Indiana economic development corporation subsequently designates territory that is located in an existing allocation area under this chapter as an innovation development district under IC 36-7-32.5, the allocation area may not …

Sec. 27. 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 law in expending any money raised under this chapter; commits a Level…

Sec. 28. (a) The planning, replanning, development, and redevelopment of economic development areas are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise due to: (1) the necessity for the exercise of the power of e…

Sec. 29. (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. 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 …

Sec. 3.5. (a) The controller of the consolidated city is the fiscal officer of a commission subject to this chapter. (b) The controller may obtain financial services on a contractual basis for purposes of carrying out the powers and duties of the commission and protecting the pub…

Sec. 30. (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 manne…

Sec. 31. The general assembly finds the following: (1) There exists within areas needing redevelopment a shortage of safe and affordable housing for persons of low and moderate income. (2) The planning, replanning, development, and redevelopment of housing within areas needing re…

Sec. 32. (a) The commission must establish a program for housing. The program, which may include such elements as the commission considers appropriate, must be adopted as part of a redevelopment plan or amendment to a redevelopment plan, and must establish an allocation area for …

Sec. 33. All of the rights, powers, privileges, and immunities that may be exercised by the commission in redevelopment project areas may be exercised by the commission in implementing its program for housing including the following: (1) The special tax levied in accordance with …

Sec. 34. The commission must make the following findings in the resolution adopting a housing program under section 32 of this chapter: (1) The program meets the purposes of section 31 of this chapter. (2) The program cannot be accomplished by regulatory processes or by the ordin…

Sec. 35. (a) Notwithstanding section 26(a) of this chapter, with respect to the allocation and distribution of property taxes for the accomplishment of a program adopted under section 32 of this chapter, "base assessed value" means, subject to section 26(j) of this chapter, the n…

Sec. 35.5. (a) The general assembly finds the following: (1) Federal law permits the sale of a multiple family housing project that is or has been covered, in whole or in part, by a contract for project based assistance from the United States Department of Housing and Urban Devel…

Sec. 36. A redevelopment project area, an urban renewal area, or an economic development area established under this chapter may not include land that constitutes part of a military base reuse area established under IC 36-7-30. As added by P.L.26-1995, SEC.8. Amended by P.L.185-2…

Sec. 36.3. (a) Not later than April 15 of each year, the commission or its designee shall file with the mayor and the fiscal body a report setting out the commission's activities during the preceding calendar year. (b) The report required by subsection (a) must show the names of …

Sec. 37. (a) As used in this section and sections 38 through 58 of this chapter: "City" or "excluded city" refers to an excluded city (as defined in IC 36-3-1-7) but does not refer to an excluded city described in IC 36-7-14-1(b). "Commission" refers to the metropolitan developme…

Sec. 38. (a) There exists in each excluded city a redevelopment district comprised of all land situated within the geographic boundaries of each respective excluded city. (b) Each redevelopment district described in subsection (a) constitutes a special taxing district for the pur…

Sec. 39. (a) A commission has the duties set forth in section 6 of this chapter. (b) A commission may exercise all the powers set forth in section 7 of this chapter, except that all powers regarding condemnation and eminent domain under this section are vested solely in the legis…

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…

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 (t…

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 …

Sec. 40. (a) A commission shall establish a redevelopment project area by following the procedures set forth in sections 8 through 10 of this chapter. The establishment of a redevelopment project area under this subsection must also be approved by resolution of the legislative bo…

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…