This text of Indiana § 36-7-14-53.1 (Expiration of section 53 of this chapter on June 30, 2027, and
reinstatement on July 1, 2027, of section 53 of this chapter as it was in
effect on January 1, 2023) 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.
1.
(a)Section 53 of this chapter as amended
by the general assembly in the 2023 session or subsequent session
expires June 30, 2027.
(b)This section applies beginning July 1, 2027, and is intended to
reinstate section 53 of this chapter as it was in effect on January 1,
2023.
(c)Subject to subsection (i), a commission may establish a
residential housing development program by resolution for the
construction of new residential housing or the renovation of existing
residential housing in an area within the jurisdiction of the commission
if:
(1)for a commission established by a county, the average of new,
single family residential houses constructed within the township
in which the area is located during the preceding three (3)
calendar years is less than one percent (1%) of the total num
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1. (a) Section 53 of this chapter as amended
by the general assembly in the 2023 session or subsequent session
expires June 30, 2027.
(b) This section applies beginning July 1, 2027, and is intended to
reinstate section 53 of this chapter as it was in effect on January 1,
2023.
(c) Subject to subsection (i), a commission may establish a
residential housing development program by resolution for the
construction of new residential housing or the renovation of existing
residential housing in an area within the jurisdiction of the commission
if:
(1) for a commission established by a county, the average of new,
single family residential houses constructed within the township
in which the area is located during the preceding three (3)
calendar years is less than one percent (1%) of the total number
of single family residential houses within that township on
January 1 of the year in which the resolution is adopted; or
(2) for a commission established by a municipality, the average
of new, single family residential houses constructed within the
municipal boundaries during the preceding three (3) calendar
years is less than one percent (1%) of the total number of single
family residential houses within the boundaries of the
municipality on January 1 of the year in which the resolution is
adopted.
However, the calculations described in subdivisions (1) and (2) and the
provisions of subsection (h) do not apply for purposes of establishing
a residential housing development program within an economic
development target area designated under IC 6-1.1-12.1-7.
(d) The program, which may include any relevant elements the
commission considers appropriate, may be adopted as part of a
redevelopment plan or amendment to a redevelopment plan, and must
establish an allocation area for purposes of sections 39 and 56 of this
chapter for the accomplishment of the program. The program must be
approved by the municipal legislative body or county executive as
specified in section 17 of this chapter.
(e) The notice and hearing provisions of sections 17 and 17.5 of this
chapter, including notice under section 17(c) of this chapter to a taxing
unit that is wholly or partly located within an allocation area, apply to
the resolution adopted under subsection (d). Judicial review of the
resolution may be made under section 18 of this chapter.
(f) Before formal submission of any residential housing
development program to the commission, the department of
redevelopment shall:
(1) consult with persons interested in or affected by the proposed
program, including the superintendents and governing body
presidents of all school corporations located within the proposed
allocation area;
(2) provide the affected neighborhood associations, residents, and
township assessors with an adequate opportunity to participate in
an advisory role in planning, implementing, and evaluating the
proposed program; and
(3) hold at least one (1) public meeting to obtain the views of
neighborhood associations and residents of the affected
neighborhood. The department of redevelopment shall send notice
thirty (30) days prior to the public meeting to the fiscal officer of
all affected taxing units and to the superintendents and governing
body presidents of all school corporations located within the
proposed allocation area.
(g) A residential housing development program established under
this section must terminate not later than twenty-five (25) years after
the date on which the first obligation was incurred to pay principal and
interest on bonds or lease rentals on leases payable from tax increment
revenues from the program.
(h) The department of local government finance in cooperation with
either the appropriate county agency or the appropriate municipal
agency, or both, shall determine whether a county or municipality
meets the threshold requirements under subsection (c). In making the
determination, the department of local government finance may request
information necessary to make the determination. A county or
municipality may request from the department of local government
finance a report, if it exists, describing the effect of current assessed
value allocated to tax increment financing allocation areas on the
amount of the tax levy or proceeds and the credit for excessive property
taxes under IC 6-1.1-20.6 for the taxing units within the boundaries of
the residential housing development program.
(i) A program established under subsection (c) may not take effect
until the governing body of each school corporation affected by the
program passes a resolution approving the program.