Sec. 8. (a) Whenever the commission finds that:
(1) an area in the redevelopment district 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 by the ordinary operations of private enterprise without resort to this chapter; and
(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 an urban renewal area; or
(B) the amendment of the resolution or plan, or both, for an existing redevelopment project area or urban renewal area; and
(4) in the case of an amendment to the resolution or plan for an existing redevelopment project area or urban renewal 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 a redevelopment or urban renewal plan.
(b) The redevelopment or urban renewal plan must include:
(1) maps, plats, or 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 urban renewal area, or the amendment of the resolution or plan for an existing area;
(B) the location of the various parcels of property, public ways, and other features affecting the acquisition, clearance, replatting, replanning, rezoning, or redevelopment of the area or areas, 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 that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes;
(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 or urban renewal area. After completion of the data required by subsection (b), the commission shall adopt a resolution declaring that:
(1) the area needing redevelopment is a detriment to the social or economic interests of the consolidated city 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 identify the interests in real or personal property, if any, that the department proposes to acquire in the area.
(d) This subsection applies to the amendment of the resolution or plan for an existing redevelopment project area or urban renewal 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 or urban renewal area for purposes of this chapter.
The resolution must state the general boundaries of the redevelopment project area or urban renewal area, including any changes made to those boundaries by the amendment, and describe the activities that the department is permitted to take under the amendment, with any designated exceptions.
(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 commission. Property proposed for acquisition may be described by street numbers or location.
As added by Acts 1982, P.L.77, SEC.8. Amended by P.L.358-1983, SEC.2; P.L.14-1991, SEC.15; P.L.185-2005, SEC.29; P.L.146-2008, SEC.745; P.L.172-2011, SEC.151.
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