§ 36-10-4-25 — Resolution to acquire property; adoption; contents; notice of adoption; appraisal; title; hearing; remonstrance, final action

Indiana § 36-10-4-25

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 4: Parks Department in Certain Cities

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 a board decides to:
(1) acquire land for any of the purposes of this chapter, either by
purchase or appropriation, and to proceed with an improvement
authorized by this chapter, other than surface grading and paving
under section 23 of this chapter; or
(2) acquire property without proceeding at that time with an
improvement; or
(3) proceed with an improvement when the property has been
already secured by purchase or otherwise;
it shall adopt a resolution under subsection (c).
(c) The resolution must:
(1) declare the purpose;
(2) describe the land to be acquired, the manner of acquisition,
and, in case of appropriation, other land that may be injuriously
affected; or describe the land already acquired and intended to be
used for the proposed improvement; and
(3) if the improvement is provided for in the resolution, require
that preliminary plans and specifications and an estimate of the
cost of the proposed improvement be 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 the land or the construction of the
work.
(d) Upon the adoption of the resolution, the board shall have notice
of the adoption and content of it published in accordance with IC 5-3-1.
The notice must name a date on which the board will receive or hear
remonstrances from persons interested in or affected by the
proceedings and determine the public utility and benefit of the
proposed project.
(e) 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 to be 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.
(f) 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 metes and bounds. It does not
matter if the property is composed of one (1) or more lots or parcels or
owned by one (1) or more persons.
(g) If the land or a part of it is to be acquired by purchase, the
resolution must also state the maximum proposed cost. 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 shall be paid for only out of the special fund
resulting from the sale of district bonds and from local assessments, as
provided in this chapter.
(h) If the board decides to acquire any lots or parcels of land by
purchase, the board shall appoint three (3) qualified appraisers to
appraise the land. The appraisers may not be interested, directly or
indirectly, in any land 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. They shall then immediately view the
land and determine the true market value of it at that time. They shall
report the appraisal in writing, which shall be filed with and becomes
a part of the record of the proceeding. The board may not take an
option on the land or enter into a contract to purchase it at a higher
price than the value named in the report.
(i) The title to any land to be acquired under the resolution, whether
by purchase or appropriation, does not vest in the city until it is paid for
out of the special fund created by the sale of bonds and from local
assessments of special benefits as provided in this chapter. Any
indebtedness or obligation incurred by the board due to the acquisition
of land or to construction of a work shall be paid out of the funds under
the control of the board and is not an indebtedness or obligation of the
city.
(j) At or before the time fixed for the hearing, an owner of land to
be appropriated or injuriously affected under the resolution, or a person
owning real or personal property located within the corporate
boundaries of the city, may file a written remonstrance with the
secretary of the board. 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 this evidence, the board shall take final action determining
the public utility and benefit of the proposed project by either
confirming, modifying, or rescinding the resolution. The action shall be
recorded and is final and conclusive upon all persons.
[Pre-Local Government Recodification Citations: 19-7-9-9
part; 19-7-30-19.]
As added by Acts 1981, P.L.309, SEC.111. Amended by Acts
1981, P.L.320, SEC.17.