Sec. 21. (a) If the development authority considers it necessary to acquire real property in or serving a development area by the exercise of the power of eminent domain, the development authority shall adopt a resolution setting out its determination to exercise that power and directing its attorney to file a petition on behalf of the development authority in the circuit or superior court of the county in which the property is situated. The resolution must be approved by the legislative body of the affected 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. However, 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 development authority for the use and benefit of the development authority.
As added by P.L.203-2005, SEC.11.
Structure Indiana Code
Article 7. Planning and Development
Chapter 30.5. Development of Multicounty Federal Military Bases
36-7-30.5-4. "Development Authority"
36-7-30.5-6. "Military Base Property"
36-7-30.5-6.5. Task Force Action to Establish Development Authority
36-7-30.5-7. Preparation for Reuse of Military Bases
36-7-30.5-8. Task Force Action to Establish Development Authority
36-7-30.5-9. Development Authority Governed by Board
36-7-30.5-10. Appointment of Members to Development Authority
36-7-30.5-11. Terms of Members; Oath; Bond; Qualifications; Reimbursement for Expenses
36-7-30.5-12. Meetings; Officers; Rules; Quorum
36-7-30.5-13. Removal From Office
36-7-30.5-14. Duties of Development Authority
36-7-30.5-15. Powers of Development Authority
36-7-30.5-16. Plan and Declaration of Military Base Development Area
36-7-30.5-17. Adoption of Resolution
36-7-30.5-18. Notice and Hearing on Adoption of Resolution
36-7-30.5-19. Appeal From Final Action of Development Authority
36-7-30.5-20. Purchase of Property
36-7-30.5-21. Acquisition of Property by Eminent Domain
36-7-30.5-22. Clearing, Maintenance, and Replanning of Development Area
36-7-30.5-23. Issuance of Bonds
36-7-30.5-24. Lease of Property
36-7-30.5-25. Lessor of Property
36-7-30.5-26. Pledge of Revenues and Covenant
36-7-30.5-27. Proceeds of Bonds; Capital and General Funds
36-7-30.5-28. Payment From Funds
36-7-30.5-29. Activities Financed by Bonds, Notes, or Warrants
36-7-30.5-30. Allocation Areas; Allocation and Distribution of Property Taxes
36-7-30.5-31. Resolution to Modify Definition of Property Taxes
36-7-30.5-33. Utility Services
36-7-30.5-35. Conditions on Property Development; Development Fees