Sec. 16. (a) If the reuse authority considers it necessary to acquire real property in or serving a reuse area by the exercise of the power of eminent domain, it shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition in the name of the unit on behalf of the reuse authority, in the circuit or superior court of the county in which the property is situated. The resolution must contain a finding by the reuse authority that the property to be acquired is in an area needing redevelopment (as defined in IC 36-7-1-3). The resolution must be approved by the legislative body of the unit before the petition is filed.
(b) Eminent domain proceedings under this section are governed by IC 32-24 and other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired under this section, but property belonging to the state or a political subdivision may not be acquired without the consent of the state or the political subdivision.
(c) The court having jurisdiction shall direct the clerk of the circuit court to execute a deed conveying the title of real property acquired under this section to the unit for the use and benefit of the reuse authority.
As added by P.L.26-1995, SEC.14. Amended by P.L.2-2002, SEC.118; P.L.185-2005, SEC.53.
Structure Indiana Code
Article 7. Planning and Development
Chapter 30. Reuse of Federal Military Bases
36-7-30-1. Applicability of Chapter; Definitions
36-7-30-2. Preparation for Reuse of Military Bases
36-7-30-3. Establishment of Reuse Authority; Taxing Districts; Consolidated City
36-7-30-4. Appointment of Members to Reuse Authority
36-7-30-5. Term of Members; Oath; Bond; Qualifications; Reimbursement for Expenses
36-7-30-6. Meetings; Secretary-Treasurer; Rules; Quorum
36-7-30-6.5. Electronic Meetings
36-7-30-7. Removal From Office
36-7-30-8. Duties of Reuse Authority
36-7-30-9. Powers of Reuse Authority
36-7-30-9.5. Reuse Authority Payment for Services Provided by Excluded City
36-7-30-10. Plan and Declaration of Reuse Area
36-7-30-11. Adoption of Resolution
36-7-30-12. Notice and Hearing on Adoption of Resolution
36-7-30-13. Amendments to Resolution or Plan
36-7-30-14. Appeal From Final Action of Reuse Authority
36-7-30-15. Purchase of Property
36-7-30-16. Acquisition of Property by Eminent Domain
36-7-30-17. Clearing, Maintenance, and Replanning of Area
36-7-30-20. Lessor of Property
36-7-30-21. Covenant and Pledge of Revenues
36-7-30-22. Deposits to Military Base Reuse District Capital Fund and General Fund
36-7-30-23. Payments From Funds
36-7-30-24. Activities Financed by Bonds, Notes, or Warrants
36-7-30-25. Allocation Areas; Allocation and Distribution of Property Taxes
36-7-30-25.1. Incentives for Businesses in an Expired Enterprise Zone
36-7-30-26. Resolution to Modify Definition of Property Taxes
36-7-30-32. Conditions on Property Development; Development Fees
36-7-30-33. Provision of Utility Services on Current or Former Air Force Base Property
36-7-30-33.5. Legalization of Certain Contracts, Agreements, and Arrangements
36-7-30-34. Military Base Reuse Authority; Public Utility Providing Water Service
36-7-30-35. Military Base Reuse Authority; Public Utility Providing Sewage Disposal Service
36-7-30-36. Limitation on the Inclusion of a Parcel in More Than One Allocation Area