§ 36-7-14-41 — Economic development area; determination; enlargement

Indiana § 36-7-14-41

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

Text

(a) The commission may, by following the
procedures set forth in sections 15 through 17 of this chapter, approve
a plan for and determine that a geographic area in the redevelopment
district is an economic development area. Designation of an economic
development area is subject to judicial review in the manner prescribed
in section 18 of this chapter.
(b) The commission may determine that a geographic area is an
economic development area if it finds that:
(1) the plan for the economic development area:
(A) promotes significant opportunities for the gainful
employment of its citizens;
(B) attracts a major new business enterprise to the unit;
(C) retains or expands a significant business enterprise existing
in the boundaries of the unit; or
(D) meets other purposes of this section and sections 2.5 and 43
of this chapter;
(2) the plan for the economic development area cannot be
achieved by regulatory processes or by the ordinary operation of
private enterprise without resort to the powers allowed under this
section and sections 2.5 and 43 of this chapter because of:
(A) lack of local public improvement;
(B) existence of improvements or conditions that lower the
value of the land below that of nearby land;
(C) multiple ownership of land; or
(D) other similar conditions;
(3) the public health and welfare will be benefited by
accomplishment of the plan for the economic development area;
(4) the accomplishment of the plan for the economic development
area will be a public utility and benefit as measured by:
(A) the attraction or retention of permanent jobs;
(B) an increase in the property tax base;
(C) improved diversity of the economic base; or
(D) other similar public benefits; and
(5) the plan for the economic development area conforms to other
development and redevelopment plans for the unit.
(c) The determination that a geographic area is an economic
development area must be approved by the unit's legislative body. The
approval may be given either before or after judicial review is
requested. The requirement that the unit's legislative body approve
economic development areas does not prevent the commission from
amending the plan for the economic development area. However, the
enlargement of any boundary in the economic development area must
be approved by the unit's legislative body.

Legislative History

As added by P.L.380-1987(ss), SEC.16 and P.L.393-1987(ss), SEC.5. Amended by P.L.114-1989, SEC.11; P.L.146-2008, SEC.739; P.L.172-2011, SEC.150.