Indiana Code
Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions
36-7-14-15. Data Concerning Areas in Need of Redevelopment; Declaratory Resolution; Amendment to Resolution or Plan; Approval

Sec. 15. (a) Whenever the redevelopment commission finds that:
(1) an area in the territory under its jurisdiction 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 the ordinary operations of private enterprise without resort to this chapter;
(3) the public health and welfare will be benefited by:
(A) the acquisition and redevelopment of the area under this chapter as a redevelopment project area; or
(B) the amendment of the resolution or plan, or both, for an existing redevelopment project area; and
(4) in the case of an amendment to the resolution or plan for an existing redevelopment project area:
(A) the amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter; and
(B) the resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the unit;
the commission shall cause to be prepared the data described in subsection (b).
(b) After making a finding under subsection (a), the commission shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area in which property would be acquired for, or otherwise affected by, the establishment of a redevelopment project area; or the amendment of the resolution or plan for an existing area;
(B) the location of the various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning, or redevelopment of the area, indicating any parcels of property to be excluded from the acquisition or otherwise excluded from the effects of the establishment of the redevelopment project area; or the amendment of the resolution or plan for an existing area; and
(C) the parts of the area acquired, if any, that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the redevelopment plan;
(2) lists of the owners of the various parcels of property proposed to be acquired for, or otherwise affected by, the establishment of an area or the amendment of the resolution or plan for an existing area; and
(3) an estimate of the costs, if any, to be incurred for the acquisition and redevelopment of property.
(c) This subsection applies to the initial establishment of a redevelopment project area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that:
(1) the area needing redevelopment is a menace to the social and economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for purposes of this chapter.
The resolution must state the general boundaries of the redevelopment project area, and that the department of redevelopment proposes to acquire all of the interests in the land within the boundaries, with certain designated exceptions, if there are any.
(d) This subsection applies to the amendment of the resolution or plan for an existing redevelopment project area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that:
(1) it will be of public utility and benefit to amend the resolution or plan for the area; and
(2) any additional area to be acquired under the amendment is designated as part of the existing redevelopment project area for purposes of this chapter.
The resolution must state the general boundaries of the redevelopment project area, including any changes made to those boundaries by the amendment, and describe the activities that the department of redevelopment is permitted to take under the amendment, with any designated exceptions. The resolution and all supporting information shall be submitted to the legislative body of the unit establishing the redevelopment commission for approval. The legislative body must approve the additional area as part of the redevelopment project area for purposes of this chapter.
(e) For the purpose of adopting a resolution under subsection (c), or (d), it is sufficient to describe the boundaries of the redevelopment project area by its location in relation to public ways or streams, or otherwise, as determined by the commissioners. Property excepted from the application of a resolution may be described by street numbers or location.
[Pre-Local Government Recodification Citations: 18-7-7-12; 18-7-7.1-12.]
As added by Acts 1981, P.L.309, SEC.33. Amended by P.L.35-1990, SEC.55; P.L.185-2005, SEC.11; P.L.221-2007, SEC.35; P.L.146-2008, SEC.725; P.L.172-2011, SEC.147; P.L.149-2014, SEC.9.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 7. Planning and Development

Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions

36-7-14-0.5. Definitions

36-7-14-1. Application of Chapter; Jurisdiction in Excluded Cities That Elect to Be Governed by This Chapter

36-7-14-1.3. Effect of Change of Reference From "Blighted, Deteriorated, or Deteriorating Area" to "Area Needing Redevelopment"

36-7-14-1.5. Applicability of Chapter to Fire Protection Districts

36-7-14-1.7. Applicability of Chapter to Fire Protection Territories

36-7-14-2. Declaration of Public Purpose; Opportunities for Redevelopment by Private Enterprise

36-7-14-2.5. Economic Development Areas; Public Functions, Uses, and Purposes; Approvals; Liberal Construction

36-7-14-3. Redevelopment Departments and Commissions; Creation; Taxing Districts; Oversight

36-7-14-3.1. Electronic Meetings

36-7-14-3.5. Annexation of Area in County; Redevelopment Districts; Property Tax Proceeds; Outstanding Obligations; Special Tax

36-7-14-3.7. Transfer of Control and Jurisdiction Over Certain Development Areas; Requirements

36-7-14-4. Repealed

36-7-14-5. Repealed

36-7-14-6. Repealed

36-7-14-6.1. Commissioners; Appointment; Nonvoting Adviser

36-7-14-7. Commissioners; Terms of Office; Vacancies; Oaths; Bonds; Qualifications; Reimbursement for Expenses; Compensation

36-7-14-7.1. Repealed

36-7-14-8. Meetings; Officers; Rules; Quorum; Treasurer Disbursements Before Commission Approval; Accounting for Redevelopment Commission Funds; Short Term Borrowing by Unit

36-7-14-9. Commissioners; Removal From Office

36-7-14-10. Commissioners and Nonvoting Advisers; Pecuniary Interests in Property and Transactions

36-7-14-11. Duties of Commission

36-7-14-12. Repealed

36-7-14-12.1. Repealed

36-7-14-12.2. Powers of Commission

36-7-14-12.3. Repealed

36-7-14-12.4. Ownership Prohibition Regarding Single Family Dwellings

36-7-14-13. Annual Reports; Contents; Subject to Laws of General Nature

36-7-14-14. Contracts to Perform Powers and Duties

36-7-14-15. Data Concerning Areas in Need of Redevelopment; Declaratory Resolution; Amendment to Resolution or Plan; Approval

36-7-14-15.5. Redevelopment Project Areas in Certain Counties; Inclusion of Additional Areas Outside Boundaries

36-7-14-15.8. Repealed

36-7-14-16. Approval of Resolutions and Plans by Unit

36-7-14-17. Notice and Hearing

36-7-14-17.5. Notice and Hearing; Amendment of Resolution or Plan; Procedure

36-7-14-18. Appeals

36-7-14-19. Acquisition of Real Property; Procedure; Approval

36-7-14-19.5. Requirements for Redevelopment Commission Purchases of Distressed Properties From Willing Sellers

36-7-14-20. Eminent Domain; Procedure; Legislative Body Resolution

36-7-14-21. Commission Authority in Redevelopment Area

36-7-14-22. Public Sale or Lease of Real Property; Procedure

36-7-14-22.1. Repealed

36-7-14-22.2. Sale or Grant of Real Property to Urban Enterprise Association or Community Development Corporation; Procedure

36-7-14-22.5. Additional Commission Powers Concerning Real Property; Public Meeting

36-7-14-22.6. "Abutting Landowner"; "Offering Price"; Sale to Abutting Landowner; Appraisal

36-7-14-22.7. Disposal of Real Property; Appraisal

36-7-14-22.8. New Opportunity Area

36-7-14-23. Unit Officers; Duties Regarding Department Funds

36-7-14-24. Payment of Expenses Incurred Before Tax Levy; Procedure

36-7-14-25. Repealed

36-7-14-25.1. Issuance of Bonds; Procedure; Tax Exemption; Limitations; Indebtedness of Taxing District; Legislative Body Approval

36-7-14-25.2. Leased Facilities; Procedure; Fiscal Body Approval

36-7-14-25.3. Lessors of Redevelopment Facilities; Effect of Other Statutory Provisions

36-7-14-25.5. Payment of Redevelopment Bonds or Leases; Pledge or Covenant of Legislative Body

36-7-14-26. Capital Fund; Deposits; Gifts; Allocation Fund

36-7-14-27. Certain Bonds or Leases; Special Tax Levy; Legislative Body Approval; Disposition of Accumulated Revenues; Review of Sufficiency of Levies

36-7-14-27.5. Tax Anticipation Warrants; Authorization; Procedure; Legislative Body Approval

36-7-14-28. Tax Levy for Planning, Property Acquisition, and Expenses; Deposit in Capital and General Funds

36-7-14-29. Payments From Funds; Procedure

36-7-14-30. Urban Renewal Projects; Authorization

36-7-14-31. Urban Renewal Plans

36-7-14-32. Urban Renewal Projects; Powers and Duties of Commissions; Units and Officers

36-7-14-32.5. Repealed

36-7-14-33. Urban Renewal Projects; Cooperation With Public Entities

36-7-14-34. Preparation of Urban Rehabilitation Programs

36-7-14-35. Federal Aid; Issuance of Bonds, Notes, and Warrants to Federal Government; Federal Loan Agreements as Security for Other Loans; Approval of Fiscal Body

36-7-14-35.1. Repealed

36-7-14-36. Neighborhood Development Programs; Authorization; Procedure; Federal Aid

36-7-14-37. Redevelopment Districts and Departments; Tax Exemptions

36-7-14-38. Repealed

36-7-14-39. Distribution and Allocation of Taxes; Allocation Area; Base Assessed Value Determinations; Allocation of Excess Assessed Value

36-7-14-39.1. Repealed

36-7-14-39.2. Designated Taxpayer; Modification of Definition of Property Taxes; Allocation Provision of Declaratory Resolution

36-7-14-39.3. Definitions; Legalization of Certain Declaratory Resolutions and Actions of Redevelopment Commissions; Effect of Certain Amendments to Section

36-7-14-39.5. Repealed

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

36-7-14-40. Violations; Penalties

36-7-14-41. Economic Development Area; Determination; Enlargement

36-7-14-42. Repealed

36-7-14-43. Rights, Powers, Privileges, and Immunities Exercisable by Commission in Economic Development Area; Fiscal or Legislative Body Authorization; Conditions

36-7-14-44. Military Base Reuse Area

36-7-14-44.2. Repealed

36-7-14-45. Establishment of Program for Housing; Notices; Conditions

36-7-14-46. Commission Authority in Program for Housing

36-7-14-47. Commission Findings Required; Contents

36-7-14-48. Allocation of Property Taxes; Fund; Use; Credit Calculation; Limitation on Distribution of Fund; Excess Assessed Valuation Calculation

36-7-14-49. Program for Age-Restricted Housing

36-7-14-50. Powers of Commission in Implementing Age-Restricted Housing Program

36-7-14-51. Findings for Age-Restricted Housing Program

36-7-14-52. "Base Assessed Value"; Allocation of Taxes for Age-Restricted Housing Program; Use of Taxes; Allocation of Excess Assessed Value

36-7-14-53. Residential Housing Development Program; Authorization; Procedures

36-7-14-54. Residential Housing Development Program; Powers; Restrictions

36-7-14-55. Residential Housing Development Program; Required Findings

36-7-14-56. Residential Housing Development Program; Allocation Area

36-7-14-57. Allocation Area Limitation