§ 36-2-6-23 — Definitions; "PILOTS"; adoption of ordinance; calculation; imposition; distribution; due date

Indiana § 36-2-6-23

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 6: Fiscal Administration

Text

(a) PILOTS may be imposed under this
section for an assessment date occurring after December 31, 2021.
(b) As used in this section, the following terms have the meanings
set forth in IC 6-1.1-1:
(1) Assessed value.
(2) Exemption.
(3) Owner.
(4) Person.
(5) Property taxation.
(6) Real property.
(7) Township assessor.
(c) As used in this section, "PILOTS" means payments in lieu of
taxes.
(d) As used in this section, "property owner" means the owner of
real property described in IC 6-1.1-10-16.7 that is not located in a
county containing a consolidated city.
(e) Subject to the approval of a property owner, the fiscal body of a
county may adopt an ordinance to require the property owner to pay
PILOTS at times set forth in the ordinance with respect to real property
that is subject to an exemption under IC 6-1.1-10-16.7. The ordinance
remains in full force and effect until repealed or modified by the
legislative body, subject to the approval of the property owner.
(f) The PILOTS must be calculated so that the PILOTS are in an
amount that is:
(1) agreed upon by the property owner and the legislative body of
the county;
(2) a percentage of the property taxes that would have been levied
by the legislative body of the county upon the real property
described in subsection (e) if the property were not subject to an
exemption from property taxation; and
(3) not more than the amount of property taxes that would have
been levied by the legislative body of the county upon the real
property described in subsection (e) if the property were not
subject to an exemption from property taxation.
(g) PILOTS shall be imposed in the same manner as property taxes
and shall be based on the assessed value of the real property described
in subsection (e). Except as provided in subsection (j), the township
assessor, or the county assessor if there is no township assessor for the
township, shall assess the real property described in subsection (e) as
though the property were not subject to an exemption.
(h) PILOTS collected under this section shall be distributed in the
same manner as if they were property taxes being distributed to taxing
units in the county.
(i) PILOTS shall be due as set forth in the ordinance and bear
interest, if unpaid, as in the case of other taxes on property. PILOTS
shall be treated in the same manner as taxes for purposes of all
procedural and substantive provisions of law.
(j) If the duties of the township assessor have been transferred to the
county assessor as described in IC 6-1.1-1-24, a reference to the
township assessor in this section is considered to be a reference to the
county assessor.

Legislative History

As added by P.L.74-2021, SEC.4.