§ 36-7-15.1-22.5 — Acquisition through eminent domain; public meeting; notice; resolution and petition; approval by county fiscal body

Indiana § 36-7-15.1-22.5

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 15.1: Redevelopment of Areas in Marion County Needing

Text

5. (a) Subject to the approval of the
county fiscal body, the commission may acquire a parcel of real
property by the exercise of eminent domain when the following
conditions exist:
(1) The real property meets at least one (1) of the conditions
described in IC 32-24-4.5-7(1).
(2) The real property is capable of being developed or
rehabilitated to provide affordable housing for low or moderate
income families or to provide other development that will benefit
or serve low or moderate income families.
(3) The real property suffers from one (1) or more of the
conditions listed in IC 36-7-1-3, resulting in a negative impact on
the use or value of the neighboring properties or other properties
in the community.
(b) The commission or its designated hearing examiner shall
conduct a public meeting to determine whether the conditions set forth
in subsection (a) exist relative to a parcel of real property. Each person
holding a fee or life estate interest of record in the property must be
given notice by first class mail of the time and date of the hearing at
least ten (10) days before the hearing, and is entitled to present
evidence and make arguments at the hearing.
(c) If the commission considers it necessary to acquire real property
under this section, it shall adopt a resolution setting out its
determination to exercise that power and directing its attorney to file
a petition in the name of the city on behalf of the department in the
circuit or superior court in the county.
(d) Eminent domain proceedings under this section are governed by
IC 32-24.
(e) The commission shall use real property acquired under this
section for one (1) of the following purposes:
(1) Sale in an urban homestead program under IC 36-7-17 or IC 36-7-17.1.
(2) Sale to a family whose income is at or below the county's
median income for families.
(3) Sale or grant to a neighborhood development corporation or
other nonprofit corporation, with a condition in the granting
clause of the deed requiring the nonprofit organization to lease or
sell the property to a family whose income is at or below the
county's median income for families or to cause development that
will serve or benefit families whose income is at or below the
county's median income for families. However, a nonprofit
organization is eligible for a sale or grant under this subdivision
only if the county fiscal body has determined that the nonprofit
organization meets the criteria established under subsection (f).
(4) Any other purpose appropriate under this chapter so long as
it will serve or benefit families whose income is at or below the
county's median income for families.
(f) The county fiscal body shall establish criteria for determining the
eligibility of neighborhood development corporations and other
nonprofit corporations for sales and grants of real property under
subsection (e)(3). A neighborhood development corporation or other
nonprofit corporation may apply to the county fiscal body for a
determination concerning the corporation's compliance with the criteria
established under this subsection.
(g) A neighborhood development corporation or nonprofit
corporation that receives property under this section must agree to
rehabilitate or otherwise develop the property in a manner that is
similar to and consistent with the use of the other properties in the area
served by the corporation.

Legislative History

As added by P.L.193-1988, SEC.5. Amended by P.L.31-1994, SEC.21; P.L.86-1999, SEC.4; P.L.2-2002, SEC.113; P.L.185-2005, SEC.37; P.L.163-2006, SEC.21; P.L.146-2008, SEC.753; P.L.118-2013, SEC.15.