§ 36-7-14-19 — Acquisition of real property; procedure; approval

Indiana § 36-7-14-19

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

Text

(a) If no appeal is taken or if an appeal is
taken but is unsuccessful, the redevelopment commission shall proceed
with the proposed project to the extent that money is available for that
purpose.
(b) The redevelopment commission shall first approve and adopt a
list of the real property and interests in real property to be acquired and
the price to be offered to the owner of each parcel of interest. For
properties and interests in real property that:
(1) are not for sale at auction; or
(2) have a total purchase price (including land and structures, if
any) of at least twenty-five thousand dollars ($25,000);
the prices to be offered may not exceed the average of two (2)
independent appraisals of fair market value procured by the
commission except that appraisals are not required in transactions with
other governmental agencies. The prices indicated on the list may not
be exceeded unless specifically authorized by the commission or
ordered by a court in condemnation proceedings. The commission may
except from acquisition any real property in the area if the commission
finds that such an acquisition is not necessary under the redevelopment
plan. Appraisals made under this section are for the information of the
commission and are not open for public inspection.
(c) Negotiations for the purchase of property may be carried on
directly by the redevelopment commission, by its employees, or by
expert negotiations, but no option, contract, or understanding relative
to the purchase of real property is binding on the commission until
approved and accepted by the commission in writing. The commission
may authorize the payment of a nominal fee to bind an option and as a
part of the consideration for conveyance may agree to pay the expense
incident to the conveyance and determination of the title of the
property. Payment for the property purchased shall be made when and
as directed by the commission but only on delivery of proper
instruments conveying the title or interest of the owner to the "City (or
Town or County) of ______________, Department of Redevelopment".
Notwithstanding the other provisions of this subsection, any agreement
by the commission to:
(1) make payments for the property to be purchased for a term
exceeding three (3) years; or
(2) pay a purchase price for the property that exceeds five million
dollars ($5,000,000);
is subject to the prior approval of the legislative body of the unit.
(d) All real property and interests in real property acquired by the
redevelopment commission are free and clear of all governmental liens,
assessments, and other governmental charges except for current
property taxes, which shall be prorated to the date of acquisition.
(e) Notwithstanding subsections (a) through (d), the redevelopment
commission may, before the time referred to in this section, accept gifts
of property needed for the redevelopment of redevelopment project
areas if the property is free and clear of all governmental liens other
than taxes, assessments, and other governmental charges. The
commission may, before the time referred to in this section, take
options on or contract for the acquisition of property needed for the
redevelopment of redevelopment project areas if the options and
contracts are not binding on the commission or the district until the
time referred to in this section and until money is available to pay the
consideration set out in the options or contracts.
[Pre-Local Government Recodification Citations: 18-7-7-16;
18-7-7.1-16.]
As added by Acts 1981, P.L.309, SEC.33. Amended by
P.L.114-1989, SEC.5; P.L.35-1990, SEC.56; P.L.185-2005, SEC.15;
P.L.149-2014, SEC.10; P.L.52-2017, SEC.5; P.L.183-2018,
SEC.2.