§ 36-10-4-19 — Building lines; establishment by resolution; nature of rights in land between building line and park property; procedure; regulation of use of property; conflict of interest

(a) The board may, by resolution, establish
a building line determining the distance at which all structures erected
upon any premises fronting a park, parkway, or boulevard may be
erected. Upon the adoption of the resolution, the board shall acquire,
in the name of the city, by donation, condemnation, or purchase, the
land between the building line and the park, parkway, or boulevard, or
an interest in the land that will secure to the board the right to prevent
the erection of or to require the removal of all structures outside of the
line, or both. After the adoption of the resolution, a permit may not be
issued by a department or officer of the city authorizing the erection of
a structure outside of the established line unless approved by the board.
(b) The establishment of a building line outside of a park, parkway,
or boulevard in connection with the donation, condemnation, or
purchase of land or an interest in it is a perpetual annihilation of all
rights of the owners of property over and across which the building line
runs to erect a structure or a part of one between the building line and
the park, parkway, or boulevard. However, the perpetual and
irrevocable free license to use and occupy the land between a building
line and the park property is reserved to the property owner for
purposes other than the erection of structures.
(c) If the board decides to establish a building line, the board has the
same powers and shall proceed in the same manner in the
condemnation, assessment, and collection of benefits, awards of
damages, remonstrances, hearings, appeals, rehearings, and other
matters as it does in the acquisition of real property. Benefits may not
be assessed against property other than that abutting on the park,
parkway, or boulevard along which the building line is established and
within the limits of the building line. However, the total amount of
benefits assessed against lots and parcels of land fronting on the park,
parkway, or boulevard and located within the limits of the building line
must equal the total cost of the establishment of the building line.
(d) A subdivision of lots or parcels of land lying within five hundred
(500) feet of park, parkway, or boulevard may not be accepted for
record and is not valid without the approval of the board. If the board
considers it necessary, in order to promote public health, safety, morals,
or general welfare, the board may, by general order or resolution,
regulate:
(1) horse racing; and
(2) the location of trades, industries, commercial enterprises,
buildings, or devices designed for uses that, in the order or
resolution, are specified as injurious to the public health, safety,
morals, or general welfare;
within five hundred (500) feet of a park, parkway, or boulevard. The
right to regulate the use of this property for these purposes is
considered to be included in a gift, donation, acquisition, or
condemnation under this chapter. However, a lawful business being
conducted upon adjacent property when jurisdiction is acquired over
the property may not be prohibited or abated without a fair valuation
and due compensation.
(e) Commissioners, clerks, assistants, appointees, or employees of
the board may not hold an interest, either directly or indirectly, in any
kind of enterprise conducted for profit within one thousand (1,000) feet
of a park, parkway, or boulevard under the jurisdiction of the board.
The possession or ownership of an interest operates to vacate the office
or position held by the person and makes the person ineligible to hold
an office or position under the board while the interest is, either
directly or indirectly, possessed or retained by the person.
[Pre-Local Government Recodification Citation: 19-7-30-13
part.]
As added by Acts 1981, P.L.309, SEC.111. Amended by
P.L.127-2017, SEC.381.