Indiana § 36-7-14-39.3 Definitions; legalization of certain declaratory resolutions and actions
of redevelopment commissions; effect of certain amendments to
section

Indiana Statutes

§ 36-7-14-39.3 — Definitions; legalization of certain declaratory resolutions and actions of redevelopment commissions; effect of certain amendments to section

Indiana § 36-7-14-39.3

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 14Redevelopment of Areas Needing Redevelopment

This text of Indiana § 36-7-14-39.3 (Definitions; legalization of certain declaratory resolutions and actions of redevelopment commissions; effect of certain amendments to section) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-7-14-39.3 (2026).

Text

3.

(a)As used in this section, "depreciable personal property" refers to:

(1)all of the designated taxpayer's depreciable personal property that is located in the allocation area; and

(2)all other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation area.

(b)As used in this section, "designated taxpayer" means any taxpayer designated by the commission in a declaratory resolution adopted or amended under section 15 or 17.5 of this chapter, and with respect to which the commission finds that taxes to be derived from the depreciable personal property in the allocation area, in excess of the taxes attributable to the base assessed value of that personal property, are needed to pay debt service or to provide security for bonds issued

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3. (a) As used in this section, "depreciable
personal property" refers to:
(1) all of the designated taxpayer's depreciable personal property
that is located in the allocation area; and
(2) all other depreciable property located and taxable on the
designated taxpayer's site of operations within the allocation area.
(b) As used in this section, "designated taxpayer" means any
taxpayer designated by the commission in a declaratory resolution
adopted or amended under section 15 or 17.5 of this chapter, and with
respect to which the commission finds that taxes to be derived from the
depreciable personal property in the allocation area, in excess of the
taxes attributable to the base assessed value of that personal property,
are needed to pay debt service or to provide security for bonds issued
under section 25.1 of this chapter or to make payments or to provide
security on leases payable under section 25.2 of this chapter in order to
provide local public improvements for a particular allocation area.
However, a commission may not designate a taxpayer after June 30,
1992, unless the commission also finds that:
(1) the taxpayer's property in the allocation area will consist
primarily of industrial, manufacturing, warehousing, research and
development, processing, distribution, or transportation related
projects or regulated amusement devices (as defined in IC 22-12-1-19.1) and related improvements; and
(2) the taxpayer's property in the allocation area will not consist
primarily of retail, commercial, or residential projects, other than
an amusement park or tourism industry project.
(c) The allocation provision of a declaratory resolution may modify
the definition of "property taxes" under section 39(a) of this chapter to
include taxes imposed under IC 6-1.1 on the depreciable personal
property located and taxable on the site of operations of the designated
taxpayers in accordance with the procedures and limitations set forth
in this section and section 39 of this chapter. If such a modification is
included in the resolution, for purposes of section 39 of this chapter the
term "base assessed value" with respect to the depreciable personal
property means, subject to section 39(j) of this chapter, the net assessed
value of all the depreciable personal property as finally determined for
the assessment date immediately preceding:
(1) the effective date of the modification, for modifications
adopted before July 1, 1995; and
(2) the adoption date of the modification for modifications
adopted after June 30, 1995;
as adjusted under section 39(h) of this chapter.
(d) A declaratory resolution of a city redevelopment commission
that is adopted before March 20, 1990, is legalized and validated as if
it had been adopted under this section.
(e) An action taken by a redevelopment commission before
February 24, 1992, to designate a taxpayer, modify the definition of
property taxes, or establish a base assessed value as described in this
section, as in effect on February 24, 1992, is legalized and validated as
if this section, as in effect on February 24, 1992, had been in effect on
the date of the action.
(f) The amendment made to this section by P.L.41-1992, does not
affect actions taken pursuant to P.L.35-1990.
(g) A declaratory resolution or an amendment to a declaratory
resolution that was adopted by:
(1) a county redevelopment commission for a county; or
(2) a city redevelopment commission for a city;
before February 26, 1992, is legalized and validated as if the
declaratory resolution or amendment had been adopted under this
section as amended by P.L.147-1992.

Legislative History

As added by P.L.35-1990, SEC.59. Amended by P.L.147-1992, SEC.1; P.L.41-1992, SEC.6; P.L.1-1993, SEC.244; P.L.19-1994, SEC.17; P.L.25-1995, SEC.86; P.L.172-2011, SEC.149; P.L.220-2011, SEC.664; P.L.6-2012, SEC.244; P.L.214-2019, SEC.35; P.L.257-2019, SEC.122.