§ 36-7-14-15 — Data concerning areas in need of redevelopment; declaratory resolution; amendment to resolution or plan; approval

Indiana § 36-7-14-15

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 14: Redevelopment of Areas Needing Redevelopment

Text

(a) Whenever the redevelopment
commission finds that:
(1) an area in the territory under its jurisdiction is an area needing
redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected in
the area by regulatory processes or the ordinary operations of
private enterprise without resort to this chapter;
(3) the public health and welfare will be benefited by:
(A) the acquisition and redevelopment of the area under this
chapter as a redevelopment project area; or
(B) the amendment of the resolution or plan, or both, for an
existing redevelopment project area; and
(4) in the case of an amendment to the resolution or plan for an
existing redevelopment project area:
(A) the amendment is reasonable and appropriate when
considered in relation to the original resolution or plan and the
purposes of this chapter; and
(B) the resolution or plan, with the proposed amendment,
conforms to the comprehensive plan for the unit;
the commission shall cause to be prepared the data described in
subsection (b).
(b) After making a finding under subsection (a), the commission
shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the area in which property would be
acquired for, or otherwise affected by, the establishment of a
redevelopment project area; or the amendment of the resolution
or plan for an existing area;
(B) the location of the various parcels of property, streets,
alleys, and other features affecting the acquisition, clearance,
remediation, replatting, replanning, rezoning, or redevelopment
of the area, indicating any parcels of property to be excluded
from the acquisition or otherwise excluded from the effects of
the establishment of the redevelopment project area; or the
amendment of the resolution or plan for an existing area; and
(C) the parts of the area acquired, if any, that are to be devoted
to public ways, levees, sewerage, parks, playgrounds, and other
public purposes under the redevelopment plan;
(2) lists of the owners of the various parcels of property proposed
to be acquired for, or otherwise affected by, the establishment of
an area or the amendment of the resolution or plan for an existing
area; and
(3) an estimate of the costs, if any, to be incurred for the
acquisition and redevelopment of property.
(c) This subsection applies to the initial establishment of a
redevelopment project area. After completion of the data required by
subsection (b), the redevelopment commission shall adopt a resolution
declaring that:
(1) the area needing redevelopment is a menace to the social and
economic interest of the unit and its inhabitants;
(2) it will be of public utility and benefit to acquire the area and
redevelop it under this chapter; and
(3) the area is designated as a redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the redevelopment
project area, and that the department of redevelopment proposes to
acquire all of the interests in the land within the boundaries, with
certain designated exceptions, if there are any.
(d) This subsection applies to the amendment of the resolution or
plan for an existing redevelopment project area. After completion of
the data required by subsection (b), the redevelopment commission
shall adopt a resolution declaring that:
(1) it will be of public utility and benefit to amend the resolution
or plan for the area; and
(2) any additional area to be acquired under the amendment is
designated as part of the existing redevelopment project area for
purposes of this chapter.
The resolution must state the general boundaries of the redevelopment
project area, including any changes made to those boundaries by the
amendment, and describe the activities that the department of
redevelopment is permitted to take under the amendment, with any
designated exceptions. The resolution and all supporting information
shall be submitted to the legislative body of the unit establishing the
redevelopment commission for approval. The legislative body must
approve the additional area as part of the redevelopment project area
for purposes of this chapter.
(e) For the purpose of adopting a resolution under subsection (c), or
(d), it is sufficient to describe the boundaries of the redevelopment
project area by its location in relation to public ways or streams, or
otherwise, as determined by the commissioners. Property excepted
from the application of a resolution may be described by street numbers
or location.
[Pre-Local Government Recodification Citations: 18-7-7-12;
18-7-7.1-12.]
As added by Acts 1981, P.L.309, SEC.33. Amended by
P.L.35-1990, SEC.55; P.L.185-2005, SEC.11; P.L.221-2007, SEC.35;
P.L.146-2008, SEC.725; P.L.172-2011, SEC.147; P.L.149-2014,
SEC.9.