§ 36-7-14-17 — Notice and hearing

(a) After receipt of the written order of
approval of the plan commission and approval of the municipal
legislative body or county executive, the redevelopment commission
shall publish notice of the adoption and substance of the resolution in
accordance with IC 5-3-1. The notice must:
(1) state that maps and plats have been prepared and can be
inspected at the office of the department; and
(2) name a date when the commission will:
(A) receive and hear remonstrances and objections from
persons interested in or affected by the proceedings pertaining
to the proposed project or other actions to be taken under the
resolution; and
(B) determine the public utility and benefit of the proposed
project or other actions.
All persons affected in any manner by the hearing, including all
taxpayers of the special taxing district, shall be considered notified of
the pendency of the hearing and of subsequent acts, hearings,
adjournments, and orders of the commission by the notice given under
this section.
(b) A copy of the notice of the hearing on the resolution shall be
filed in the office of the unit's plan commission, board of zoning
appeals, works board, park board, and building commissioner, and any
other departments, bodies, or officers of the unit having to do with unit
planning, variances from zoning ordinances, land use, or the issuance
of building permits. These agencies and officers shall take notice of the
pendency of the hearing and, until the commission confirms, modifies
and confirms, or rescinds the resolution, or the confirmation of the
resolution is set aside on appeal, may not:
(1) authorize any construction on property or sewers in the area
described in the resolution, including substantial modifications,
rebuilding, conversion, enlargement, additions, and major
structural improvements; or
(2) take any action regarding the zoning or rezoning of property,
or the opening, closing, or improvement of streets, alleys, or
boulevards in the area described in the resolution.
This subsection does not prohibit the granting of permits for ordinary
maintenance or minor remodeling, or for changes necessary for the
continued occupancy of buildings in the area.
(c) If the resolution to be considered at the hearing includes a
provision establishing or amending an allocation provision under
section 39 of this chapter, the redevelopment commission shall file the
following information with each taxing unit that is wholly or partly
located within the allocation area:
(1) A copy of the notice required by subsection (a).
(2) A statement disclosing the impact of the allocation area,
including the following:
(A) The estimated economic benefits and costs incurred by the
allocation area, as measured by increased employment and
anticipated growth of real property assessed values.
(B) The anticipated impact on tax revenues of each taxing unit.
The redevelopment commission shall file the information required by
this subsection with the officers of the taxing unit who are authorized
to fix budgets, tax rates, and tax levies under IC 6-1.1-17-5 at least ten
(10) days before the date of the hearing.
(d) At the hearing, which may be adjourned from time to time, the
redevelopment commission shall hear all persons interested in the
proceedings and shall consider all written remonstrances and
objections that have been filed. After considering the evidence
presented, the commission shall take final action determining the
public utility and benefit of the proposed project or other actions to be
taken under the resolution, and confirming, modifying and confirming,
or rescinding the resolution. The final action taken by the commission
shall be recorded and is final and conclusive, except that an appeal may
be taken in the manner prescribed by section 18 of this chapter.
(e) If the redevelopment commission adopts the resolution and the
resolution includes a provision establishing or amending an allocation
provision under section 39 of this chapter, the redevelopment
commission shall file a copy of the resolution with both the auditor of
the county in which the unit is located and the department of local
government finance, together with any supporting documents that are
relevant to the computation of assessed values in the allocation area,
within thirty (30) days after the date on which the redevelopment
commission takes final action on the resolution.
[Pre-Local Government Recodification Citations: 18-7-7-14;
18-7-7.1-14.]
As added by Acts 1981, P.L.309, SEC.33. Amended by Acts
1981, P.L.45, SEC.29; P.L.38-1988, SEC.8; P.L.18-1992, SEC.25;
P.L.25-1995, SEC.83; P.L.146-2008, SEC.728; P.L.214-2019, SEC.32;
P.L.257-2019, SEC.115.