§ 36-10-3-23 — Acquisition of real property; resolution; improvements; notice; option or contract; appraisal; hearing

Indiana § 36-10-3-23

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 3: General Park and Recreation Law

Text

(a) This section applies only to:
(1) the acquisition of real property; or
(2) a work of improvement;
that will be financed by the issuance of bonds.
(b) If the board decides to:
(1) acquire land for any of the purposes prescribed in this chapter,
either by purchase or by appropriation, and in conjunction with
the acquisition to proceed with a work of improvement authorized
by this chapter;
(2) acquire real property without proceeding at the time with a
work of improvement; or
(3) proceed with a work of improvement where the real property
has been already secured;
it shall adopt a resolution stating the purpose, describing the land to be
acquired, the manner of acquisition, and, in the case of an
appropriation, the other land that may be injuriously affected, or
describing the lands already acquired and intended to be used in
connection with the proposed work of improvement.
(c) If a work of improvement is provided for in the resolution, the
board shall have preliminary plans and specifications and an estimate
of the cost of the proposed work prepared by the engineer selected to
do the work. The resolution must be open to inspection by all persons
interested in or affected by the appropriation of land or the construction
of the work. The board shall have notice of the resolution and its
contents published in accordance with IC 5-3-1. The notice must state
a date on which the board will receive or hear remonstrances from
persons interested in or affected by the proceedings and on which it
will determine the public utility and benefit.
(d) Notice shall be sent by certified mail to each owner of land to be
appropriated under the resolution, using the owner's address as shown
on the tax duplicates. In addition, notice of the land to be appropriated
shall be published in accordance with IC 5-3-1. All persons affected in
any manner by the proceedings, including all taxpayers in the district,
are considered notified of the pendency of the proceedings and of all
subsequent acts, hearings, adjournments, and orders of the board by the
original notice by publication.
(e) In the resolution and notice, separate descriptions of each piece
or parcel of land are not required, but it is a sufficient description of the
property purchased, to be purchased, or to be appropriated or damaged
to give a description of the entire tract by a platted description or by
metes and bounds, whether the land is composed of one (1) or more
lots or parcels and whether it is owned by one (1) or more persons. If
the land or a part of it is to be acquired by purchase, the resolution must
also state the maximum proposed cost.
(f) The board may, at any time before the adoption of the resolution:
(1) obtain from the owner or owners of the land an option for its
purchase; or
(2) enter into a contract for its purchase upon the terms and
conditions that the board considers best.
The option or contract is subject to the final action of the board
confirming, modifying, or rescinding the resolution and to the
condition that the land may be paid for only out of the special fund
resulting from the sale of bonds as provided by this chapter.
(g) If the board decides to acquire any lots or parcels of land by
purchase, the board shall appoint two (2) qualified appraisers to
appraise the fair market value of the land. Each appraiser must be
professionally engaged in making appraisals or be trained as an
appraiser and licensed as a broker under IC 25-34.1. The appraisers
may not be interested directly or indirectly in any land that is to be
acquired under the resolution or that may be injured or incur local
benefits. The appraisers shall take an oath that they have no interest in
the matter and that they will honestly and impartially make the
valuation. The appraisers shall return the appraisers' separate appraisals
to the board not more than thirty (30) days after the date of their
appointment. The appraisals shall be filed with and become a part of
the record of the proceeding.
(h) The board may not take an option on the land or enter into a
contract to purchase it at a price greater than the average of the two (2)
appraisals received under subsection (g). The title to land to be
acquired under the resolution, whether by purchase or appropriation,
does not vest until the land is paid for out of the special fund
established by the sale of bonds as provided in this chapter. Any
indebtedness or obligation of any kind incurred by the board due to the
acquisition of land or to construction work shall be paid out of the
funds under the control of the board and is not an indebtedness or
obligation of the unit.
(i) At the time fixed for the hearing, or at any time before the
hearing, an owner of land to be appropriated under the resolution or
injuriously affected or a person owning real or personal property
located in the district may file a written remonstrance with the secretary
of the board.
(j) At the hearing, which may be adjourned from time to time, the
board shall hear all persons interested in the proceedings and all
remonstrances that have been filed. After considering the evidence, the
board shall take final action determining the public utility and benefit
of the proposed project by confirming, modifying, or rescinding the
resolution. The final action shall be recorded and is final and
conclusive upon all persons.
[Pre-Local Government Recodification Citation:
19-7-4-39.]
As added by Acts 1981, P.L.309, SEC.110. Amended by Acts
1981, P.L.320, SEC.9; P.L.170-2003, SEC.18.