Indiana Code
Chapter 30. Reuse of Federal Military Bases
36-7-30-16. Acquisition of Property by Eminent Domain

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

Indiana Code

Title 36. Local Government

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

36-7-30-18. Issuance of Bonds

36-7-30-19. Lease of Property

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

36-7-30-26.5. Authorization to Enter Into an Agreement With a Taxpayer for Waiver of Review of an Assessment of Property Taxes in an Allocation Area During the Term of Bonds or Lease Obligations Payable From Allocated Property Taxes

36-7-30-27. Repealed

36-7-30-28. Violations

36-7-30-29. Joint Projects

36-7-30-30. Utility Services

36-7-30-31. Pilots

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