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 subject to judicial review in the manner prescribed in section 11 of this chapter.
(b) The commission may determine that a geographic area is an economic development area if it finds:
(1) the plan for the economic development area:
(A) promotes significant opportunities for the gainful employment of its citizens;
(B) attracts a major new business enterprise to the unit;
(C) retains or expands a significant business enterprise existing in the boundaries of the unit; or
(D) meets other purposes of this section and sections 28 and 30 of this chapter;
(2) the plan for the economic development area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under this section and sections 28 and 30 of this chapter because of:
(A) lack of local public improvement;
(B) existence of improvements or conditions that lower the value of the land below that of nearby land;
(C) multiple ownership of land; or
(D) other similar conditions;
(3) the public health and welfare will be benefited by accomplishment of the plan for the economic development area;
(4) the accomplishment of the plan for the economic development area will be a public utility and benefit as measured by:
(A) attraction or retention of permanent jobs;
(B) increase in the property tax base;
(C) improved diversity of the economic base; or
(D) other similar public benefits; and
(5) the plan for the economic development area conforms to the comprehensive plan of development for the consolidated city.
(c) The determination that a geographic area is an economic development area must be approved by the city-county legislative body. The approval may be given either before or after judicial review is requested. The requirement that the city-county legislative body approve economic development areas does not prevent the commission from amending the plan for the economic development area.
As added by P.L.222-1986, SEC.3. Amended by P.L.146-2008, SEC.757; P.L.172-2011, SEC.154.
Structure Indiana Code
Article 7. Planning and Development
Chapter 15.1. Redevelopment of Areas in Marion County Needing Redevelopment
36-7-15.1-1. Application of Chapter
36-7-15.1-2. Declaration of Policy
36-7-15.1-4. Redevelopment District Constituting Special Taxing District
36-7-15.1-4.2. Redevelopment Commission and Department Subject to Open Government Laws
36-7-15.1-4.3. Prohibition Regarding Single Family Residential Property
36-7-15.1-5. Pecuniary Interests of Commissioners and Nonvoting Advisers
36-7-15.1-6. Duties of Commission
36-7-15.1-7. Powers of Commission
36-7-15.1-8. Assembly of Data; Adoption of Resolution; Amendment of Resolution or Plan
36-7-15.1-11. Remonstrance; Appeal
36-7-15.1-12. Acquisition of Real Property by Commission; Legislative Body Approval
36-7-15.1-13. Eminent Domain; Approval by City-County Legislative Body
36-7-15.1-15. Appraisal, Publication, and Bidding Requirements
36-7-15.1-15.2. Sale or Grant of Real Property to Urban Enterprise Association
36-7-15.1-15.5. Additional Powers of Commission
36-7-15.1-15.7. Disposal of Real Property; Appraisal
36-7-15.1-16. Special Tax on Property in Redevelopment District
36-7-15.1-17. Redevelopment District Bonds
36-7-15.1-17.1. Lease of Property to Commission; Conditions
36-7-15.1-17.2. Persons Authorized as Lessors
36-7-15.1-17.5. Pledge of Revenues
36-7-15.1-18. Redevelopment District Fund
36-7-15.1-19. Redevelopment District Bond Fund; Special Tax
36-7-15.1-20. Urban Renewal Projects
36-7-15.1-21. Urban Renewal Plan
36-7-15.1-22. Commission Powers and Duties Concerning Planning and Urban Renewal Plans and Projects
36-7-15.1-23. Aid and Cooperation of Public Entities; Delegation; Agreements
36-7-15.1-25. Real Property Owned by a Redevelopment District Is Exempt From Taxation
36-7-15.1-26. Real Property Tax Allocation and Distribution
36-7-15.1-26.2. Definitions; Amendment of Resolution; Property Taxes
36-7-15.1-27. Crimes and Offenses
36-7-15.1-29. Determination of Economic Development Area; Approval; Requirements; Procedures
36-7-15.1-30. Powers of Commission
36-7-15.1-31. Findings of General Assembly
36-7-15.1-32. Housing Program; Notice and Hearing; Neighbor Associations and Residents
36-7-15.1-33. Commission Rights, Powers, Privileges, and Immunities
36-7-15.1-34. Housing Program; Resolution; Findings
36-7-15.1-36. Military Base Reuse Area
36-7-15.1-36.3. Annual Report; Contents
36-7-15.1-37. Additional Definitions; Applicability of Certain Sections
36-7-15.1-38. Redevelopment Districts
36-7-15.1-39. Powers and Duties of Commission; Eminent Domain
36-7-15.1-43. Additional Powers of Commission
36-7-15.1-44. Appraisal, Publication, and Bidding Requirements; Exceptions; Procedures
36-7-15.1-45. Issuance and Sale of Bonds by Commission
36-7-15.1-46. Lease of Property by Commission
36-7-15.1-47. Persons Permitted to Lease Facilities
36-7-15.1-48. Pledge of Revenue Received or to Be Received; Nonimpairment by General Assembly
36-7-15.1-49. Redevelopment District Fund
36-7-15.1-50. Tax on Redevelopment District Property; Redevelopment District Bond Fund
36-7-15.1-55. Modification of Definition of "Property Taxes"; Depreciable Personal Property
36-7-15.1-57. Designation of Economic Development Area
36-7-15.1-58. Commission Powers in Economic Development Area
36-7-15.1-59. Program for Age-Restricted Housing
36-7-15.1-60. Powers of Commission in Implementing Age-Restricted Housing Program