(a) In carrying out its duties and purposes
under this chapter, the commission may do the following:
(1) Acquire by purchase, exchange, gift, grant, lease, or
condemnation, or any combination of methods, any real or
personal property or interest in property needed for the
redevelopment of areas needing redevelopment that are located
within the redevelopment district.
(2) Hold, use, sell (by conveyance by deed, land sale contract, or
other instrument), exchange, lease, rent, invest in, or otherwise
dispose of, through any combination of methods, property
acquired for use in the redevelopment of areas needing
redevelopment on the terms and conditions that the commission
considers best for the city and its inhabitants.
(3) Acquire from and sell, lease, or grant interests in all or part of
the real property acquired for redevelopment purposes to any
other department of the city, or to any other governmental agency,
for public ways, levees, sewerage, parks, playgrounds, schools,
and other public purposes, on any terms that may be agreed upon.
(4) Clear real property acquired for redevelopment purposes.
(5) Enter on or into, inspect, investigate, and assess real property
and structures acquired or to be acquired for redevelopment
purposes to determine the existence, source, nature, and extent of
any environmental contamination, including the following:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(6) Remediate environmental contamination, including the
following, found on any real property or structures acquired for
redevelopment purposes:
(A) Hazardous substances.
(B) Petroleum.
(C) Other pollutants.
(7) Repair and maintain structures acquired or to be acquired for
redevelopment purposes.
(8) Enter upon, survey, or examine any land, to determine whether
it should be included within an area needing redevelopment to be
acquired for redevelopment purposes, and determine the value of
that land.
(9) Appear before any other department or agency of the city, or
before any other governmental agency in respect to any matter
affecting:
(A) real property acquired or being acquired for redevelopment
purposes; or
(B) any area needing redevelopment within the jurisdiction of
the commission.
(10) Subject to section 13 of this chapter, exercise the power of
eminent domain in the name of the city, within the redevelopment
district, in the manner prescribed by this chapter.
(11) Establish a uniform fee schedule whenever appropriate for
the performance of governmental assistance, or for providing
materials and supplies to private persons in project or program
related activities.
(12) Expend, on behalf of the redevelopment district, all or any
part of the money available for the purposes of this chapter.
(13) Contract for the construction, extension, or improvement of
pedestrian skyways.
(14) Accept loans, grants, and other forms of financial assistance
from the federal government, the state government, a municipal
corporation, a special taxing district, a foundation, or any other
source.
(15) Provide financial assistance (including grants and loans) to
enable individuals and families to purchase or lease residential
units in a multiple unit residential structure within the district.
However, financial assistance may be provided only to those
individuals and families whose income is at or below the county's
median income for individuals and families, respectively.
(16) Provide financial assistance (including grants and loans) to
neighborhood development corporations to permit them to:
(A) provide financial assistance for the purposes described in
subdivision (15); or
(B) construct, rehabilitate, or repair commercial property within
the district.
(17) Require as a condition of financial assistance to the owner of
a multiple unit residential structure that any of the units leased by
the owner must be leased:
(A) for a period to be determined by the commission, which
may not be less than five (5) years;
(B) to families whose income does not exceed eighty percent
(80%) of the county's median income for families; and
(C) at an affordable rate.
Conditions imposed by the commission under this subdivision
remain in force throughout the period determined under clause
(A), even if the owner sells, leases, or conveys the property. The
subsequent owner or lessee is bound by the conditions for the
remainder of the period.
(18) Provide programs in job training, job enrichment, and basic
skill development for residents of an enterprise zone.
(19) Provide loans and grants for the purpose of stimulating
business activity in an enterprise zone or providing employment
for residents of an enterprise zone.
(20) Contract for the construction, extension, or improvement of:
(A) public ways, sidewalks, sewers, waterlines, parking
facilities, park or recreational areas, or other local public
improvements (as defined in IC 36-7-15.3-6) or structures that
are necessary for redevelopment of areas needing
redevelopment or economic development within the
redevelopment district; or
(B) any structure that enhances development or economic
development.
(21) This subdivision does not apply to a redevelopment
commission in a county for which the total amount of net property
taxes allocated to all allocation areas or other tax increment
financing areas established by a redevelopment commission,
military base reuse authority, military base development authority,
or another similar entity in the county in the preceding calendar
year exceeded nineteen percent (19%) of the total net property
taxes billed in the county in the preceding calendar year. Subject
to prior approval by the fiscal body of the unit that established the
redevelopment commission, expend money and provide financial
assistance (including grants and loans):
(A) in direct support of:
(i) an active military base located within the unit; or
(ii) an entity located in the territory or facilities of a military
base or former military base within the unit that is scheduled
for closing or is completely or partially inactive or closed, or
an entity that is located in any territory or facilities of the
United States Department of Defense within the unit that are
scheduled for closing or are completely or partially inactive
or closed;
including direct support for the promotion of the active military
base or entity, the growth of the active military base or entity,
and activities at the active military base or entity; and
(B) in support of any other entity that provides services or
direct support to an active military base or entity described in
clause (A).
The fiscal body of the unit that established the redevelopment
commission must separately approve each grant, loan, or other
expenditure for financial assistance under this subdivision. The
terms of any loan that is made under this subdivision may be
changed only if the change is approved by the fiscal body of the
unit that established the redevelopment commission. As used in
this subdivision, "active military base" has the meaning set forth
in IC 36-1-4-20.
(b) In addition to its powers under subsection (a), the commission
may plan and undertake, alone or in cooperation with other agencies,
projects for the redevelopment of, rehabilitating, preventing the spread
of, or eliminating slums or areas needing redevelopment, both
residential and nonresidential, which projects may include any of the
following:
(1) The repair or rehabilitation of buildings or other
improvements by the commission, owners, or tenants.
(2) The acquisition of real property.
(3) Either of the following with respect to environmental
contamination on real property:
(A) Investigation.
(B) Remediation.
(4) The demolition and removal of buildings or improvements on
buildings acquired by the commission where necessary for any of
the following:
(A) To eliminate unhealthful, unsanitary, or unsafe conditions.
(B) To mitigate or eliminate environmental contamination.
(C) To lessen density.
(D) To reduce traffic hazards.
(E) To eliminate obsolete or other uses detrimental to public
welfare.
(F) To otherwise remove or prevent the conditions described in
IC 36-7-1-3.
(G) To provide land for needed public facilities.
(5) The preparation of sites and the construction of improvements
(such as public ways and utility connections) to facilitate the sale
or lease of property.
(6) The construction of buildings or facilities for residential,
commercial, industrial, public, or other uses.
(7) The disposition in accordance with this chapter, for uses in
accordance with the plans for the projects, of any property
acquired in connection with the projects.
(c) The commission may use its powers under this chapter relative
to real property and interests in real property obtained by voluntary sale
or transfer, even though the real property and interests in real property
are not located in a redevelopment or urban renewal project area
established by the adoption and confirmation of a resolution under
sections 8(c), 9, 10, and 11 of this chapter. In acquiring real property
and interests in real property outside of a redevelopment or urban
renewal project area, the commission shall comply with section 12(b)
through 12(e) of this chapter. The commission shall hold, develop, use,
and dispose of this real property and interests in real property
substantially in accordance with section 15 of this chapter.
(d) As used in this section, "pedestrian skyway" means a pedestrian
walkway within or outside of the public right-of-way and through and
above public or private property and buildings, including all structural
supports required to connect skyways to buildings or buildings under
construction. Pedestrian skyways constructed, extended, or improved
over or through public or private property constitute public property
and public improvements, constitute a public use and purpose, and do
not require vacation of any public way or other property.
(e) All powers that may be exercised under this chapter by the
commission may also be exercised by the commission in carrying out
its duties and purposes under IC 36-7-15.3.
As added by Acts 1982, P.L.77, SEC.8. Amended by
P.L.358-1983, SEC.1; P.L.23-1984, SEC.17; P.L.84-1987, SEC.6;
P.L.193-1988, SEC.1; P.L.2-1989, SEC.31; P.L.14-1991, SEC.14;
P.L.185-2005, SEC.28; P.L.221-2007, SEC.42; P.L.146-2008,
SEC.744; P.L.149-2014, SEC.34; P.L.95-2014, SEC.4.