Sec. 28. (a) A housing authority may, by the exercise of the power of eminent domain, acquire any real property that it considers necessary for its purposes under this chapter, if it first adopts a resolution declaring that necessity. An authority may exercise the power of eminent domain:
(1) under IC 32-24;
(2) under IC 32-24-2, as if it were a works board; or
(3) under any other applicable statutory provisions for the exercise of the power of eminent domain.
(b) Property already devoted to a public use may be acquired under this section, but real property belonging to the state or any political subdivision may not be acquired without the consent of the state or political subdivision that owns the property.
[Pre-Local Government Recodification Citation: 18-7-11-12.]
As added by Acts 1981, P.L.309, SEC.37. Amended by P.L.2-2002, SEC.115.
Structure Indiana Code
Article 7. Planning and Development
Chapter 18. Housing Authorities
36-7-18-1. Application of Chapter; Impairment of Contract; Fulfillment of Obligations
36-7-18-1.5. Powers of Agency Performing Public Housing Function
36-7-18-2. Declaration of Public Purpose
36-7-18-3. "Persons of Low Income" Defined
36-7-18-4. Housing Authorities; Establishment; Procedure
36-7-18-5. Commissioners; Appointment
36-7-18-6. Commissioners Not Officers or Employees of Unit; Exceptions
36-7-18-7. Commissioners; Terms of Office; Certificates of Appointment
36-7-18-8. Commissioners; Compensation; Expenses
36-7-18-9. Commissioners; Removal From Office
36-7-18-9.1. Commissioners; Residence Requirement; Removal
36-7-18-10. Employees; Legal Services; Pension Plans
36-7-18-11. Conflicts of Interest
36-7-18-13. Quorum; Approval of Actions
36-7-18-14. Limitations on Powers of Authorities
36-7-18-15. Actions; Contracts; Rules
36-7-18-16. Housing Projects; Authorization; Limitations
36-7-18-17. Contracts Relating to Housing Projects
36-7-18-18. Property Management; Acquisition, Ownership, and Disposition of Property
36-7-18-19. Investment of Funds; Cancellation of Indebtedness
36-7-18-20. Investigatory Powers; Cooperation With Political Subdivisions and State
36-7-18-21. Designation of Hearing Examiners
36-7-18-22. Availability of Housing; National Defense Activities; Major Disasters
36-7-18-24. Establishment of Rental Rates
36-7-18-25. Exemptions From Taxes and Assessments; Agreements to Pay for Services
36-7-18-26. Tenant Selection; Rentals; Adoption of Rules
36-7-18-27. Persons Ineligible as Tenants
36-7-18-29. Housing Projects; Applicability of Ordinances and Regulations
36-7-18-33. Obligees of Housing Authorities; Rights
36-7-18-34. Exemption of Real Property From Execution or Other Judicial Process
36-7-18-35. Federal, State, and Other Aid
36-7-18-37. Books, Records, and Accounts
36-7-18-39. Approval of Projects by State Agencies, Boards, and Commissions
36-7-18-40. Supervision of Federally Financed Projects
36-7-18-41. Jurisdiction of Authorities; Shared Jurisdiction