(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 executive or the fiscal body 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;
the legislative body may 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
a
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(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 executive or the fiscal body 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;
the legislative body may 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
executive 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. Before adopting a resolution, the legislative
body shall 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 township,
are considered notified of the pendency of the proceedings and of all
subsequent acts, hearings, adjournments, and orders of the executive
or the legislative body by the original notice of 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 the land is owned by one (1) or more
persons. If the land or a part of the land is to be acquired by purchase,
the resolution must also state the maximum proposed cost.
(f) The executive may, at any time before the adoption of the
resolution:
(1) obtain from the owner of the land an option for the purchase
of the land; or
(2) enter into a contract for the purchase of the land upon the
terms and conditions that the executive considers best.
The option or contract is subject to the final approval of the legislative
body confirming, modifying, or rescinding the option or contract 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 executive decides to acquire any lots or parcels of land by
purchase, the executive shall appoint three (3) qualified appraisers to
appraise the value of the land. 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 that may 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 then view the land, determine the true market value of
the land at that time, and report the appraisal in writing. The report
shall be filed with and becomes a part of the record of the proceeding.
(h) The executive may not take an option on the land or enter into
a contract to purchase the land at a higher price than the value named
in the report. 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 executive due to the acquisition of land or to
construction work shall be paid out of the funds under the control of the
executive and is not an indebtedness or obligation of the township.
(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 chair of
the legislative body.
(j) At the hearing, which may be adjourned from time to time, the
legislative body shall hear all persons interested in the proceedings and
all remonstrances that have been filed. After considering the evidence,
the legislative body 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.