Sec. 2.5. (a) The assessment, planning, replanning, remediation, development, and redevelopment of economic development areas:
(1) are public and governmental functions that cannot be accomplished through the ordinary operations of private enterprise because of:
(A) the necessity for requiring the proper use of the land so as to best serve the interests of the county and its citizens; and
(B) the costs of these projects;
(2) will:
(A) benefit the public health, safety, morals, and welfare;
(B) increase the economic well-being of the unit and the state; and
(C) serve to protect and increase property values in the unit and the state; and
(3) are public uses and purposes for which public money may be spent and private property may be acquired.
(b) This section and sections 41 and 43 of this chapter shall be liberally construed to carry out the purposes of this section.
(c) Except as provided in subsection (d), a redevelopment commission may not enter into any obligation payable from public funds without first obtaining the approval, by ordinance or resolution, of the legislative body of the unit.
(d) A redevelopment commission is not required to obtain the approval of the legislative body of the unit under this section if:
(1) the obligation is for the acquisition of real property under this chapter; and
(2) the agreement to acquire the real property requires the redevelopment commission to:
(A) make payments for the real property to be acquired for a term of three (3) years or less; or
(B) purchase the real property for a cost of less than five million dollars ($5,000,000).
A redevelopment commission may not enter into an obligation payable from public funds, other than an obligation described in this subsection, unless the redevelopment commission first obtains the approval of the legislative body of the unit as provided in subsection (c).
(e) The approving ordinance or resolution of a legislative body under subsection (c) must include the following:
(1) The maximum amount of the obligation.
(2) The maximum interest rate or rates, any provisions for redemption before maturity, and any provisions for the payment of capitalized interest associated with the obligation.
(3) The maximum term of the obligation.
As added by P.L.380-1987(ss), SEC.8; P.L.393-1987(ss), SEC.2. Amended by P.L.192-1988, SEC.1; P.L.221-2007, SEC.30; P.L.149-2014, SEC.2.
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