Sec. 22.8. (a) This section applies only in Lake County as a pilot program to obtain experience with the method of disposing of real property set forth in this section.
(b) A redevelopment commission may establish a new opportunity area in accordance with the criteria and procedures set forth in this section. A redevelopment commission may dispose of property to which section 22.5 of this chapter applies as provided in this section if the property is located in a new opportunity area.
(c) A redevelopment commission may determine that the following findings apply to an area within the jurisdiction of the redevelopment commission:
(1) At least one-third (1/3) of the parcels in the area are vacant or abandoned, as determined under IC 36-7-37 or another statute.
(2) At least one-third (1/3) of the parcels in the area have at least one (1) of the following characteristics:
(A) The dwelling on the parcel is not permanently occupied.
(B) Two (2) or more property tax payments owed on the parcel are delinquent.
(3) None of the properties in the area have been annexed within the immediately preceding five (5) years over a remonstrance of a majority of the land owners within the annexed area.
(4) The area cannot be improved by the ordinary operation of private enterprise because of:
(A) the existence of conditions that lower the value of the land below that of nearby land; or
(B) other conditions similar to the conditions described in clause (A).
(5) Each of the parcels in the area are residential parcels that are less than one (1) acre in size.
(6) The property tax collection rate over the immediately preceding two (2) years has been less than sixty percent (60%).
(7) The sale of parcels that are held by the redevelopment commission and are located in the new opportunity area to individuals and other private entities will benefit the public health and welfare of the residents of the surrounding area and the area governed by the commission.
(d) Whenever a redevelopment commission makes the findings described in subsection (c), a redevelopment commission may adopt a resolution declaring the area to be a new opportunity area.
(e) After a redevelopment commission adopts a resolution declaring an area to be a new opportunity area, the redevelopment commission may dispose of properties to which section 22.5 of this chapter applies that are located in the new opportunity area by using the following procedure:
(1) The redevelopment commission shall give notice in accordance with IC 5-3-1 twice by publication, one (1) week apart, with the last publication occurring at least ten (10) days before the date on which the redevelopment commission intends to convene the meeting described in subdivision (2). The notice must include the following:
(A) The date, time, and place of the meeting described in subdivision (2).
(B) A description of each parcel to be offered for sale by parcel number and common address.
(C) A statement that the redevelopment commission:
(i) is accepting bids on the properties described under clause (B); and
(ii) intends to sell each property described under clause (B) to the highest responsible and responsive bidder.
(2) The redevelopment commission shall hold a meeting on the date and at the time and place specified in the notice described in subdivision (1) at which bids for the properties described in the notice shall be opened and read aloud. The redevelopment commission may thereafter sell each property to the highest responsible and responsive bidder.
(f) This section expires July 1, 2022.
As added by P.L.183-2016, SEC.10. Amended by P.L.257-2019, SEC.116.
Structure Indiana Code
Article 7. Planning and Development
Chapter 14. Redevelopment of Areas Needing Redevelopment Generally; Redevelopment Commissions
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
36-7-14-3. Redevelopment Departments and Commissions; Creation; Taxing Districts; Oversight
36-7-14-3.1. Electronic Meetings
36-7-14-3.7. Transfer of Control and Jurisdiction Over Certain Development Areas; Requirements
36-7-14-6.1. Commissioners; Appointment; Nonvoting Adviser
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
36-7-14-12.2. Powers of Commission
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
36-7-14-16. 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
36-7-14-19. Acquisition of Real Property; Procedure; Approval
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
36-7-14-22.5. 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
36-7-14-25.2. 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
36-7-14-27.5. Tax Anticipation Warrants; Authorization; Procedure; Legislative Body Approval
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
36-7-14-33. Urban Renewal Projects; Cooperation With Public Entities
36-7-14-34. Preparation of Urban Rehabilitation Programs
36-7-14-36. Neighborhood Development Programs; Authorization; Procedure; Federal Aid
36-7-14-37. Redevelopment Districts and Departments; Tax Exemptions
36-7-14-40. Violations; Penalties
36-7-14-41. Economic Development Area; Determination; Enlargement
36-7-14-44. Military Base Reuse Area
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
36-7-14-49. 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
36-7-14-53. 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