Indiana § 36-7-18-41 Jurisdiction of authorities; shared jurisdiction

Indiana Statutes

§ 36-7-18-41 — Jurisdiction of authorities; shared jurisdiction

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 18 Housing Authorities

(a)This subsection applies to a municipality located in a county that does not have a county housing authority. A municipal housing authority has jurisdiction to exercise the powers granted by this chapter in the municipality and in the area within five

(5)miles of the corporate boundaries of the municipality. However, the authority may not exercise its powers within the corporate boundaries of another municipality without the consent, by resolution, of the fiscal body of that municipality.

(b)Except as provided in subsection (c), a county housing authority has jurisdiction to exercise the powers granted by this chapter in all unincorporated areas of the county outside the jurisdiction of municipal housing authorities. However, the jurisdiction of a county housing authority may be expan

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(a) This subsection applies to a municipality
located in a county that does not have a county housing authority. A
municipal housing authority has jurisdiction to exercise the powers
granted by this chapter in the municipality and in the area within five
(5) miles of the corporate boundaries of the municipality. However, the
authority may not exercise its powers within the corporate boundaries
of another municipality without the consent, by resolution, of the fiscal
body of that municipality.
(b) Except as provided in subsection (c), a county housing authority
has jurisdiction to exercise the powers granted by this chapter in all
unincorporated areas of the county outside the jurisdiction of municipal
housing authorities. However, the jurisdiction of a county housing
authority may be expanded to include all or part of the jurisdiction of
a municipal housing authority within the corporate boundaries of the
municipality if the fiscal bodies of the county and of the municipality
each adopt a resolution declaring a need for the county housing
authority to exercise its powers within the jurisdiction of the municipal
housing authority. Such a resolution may be adopted only after a public
hearing, with notice of the time, place, and purpose of the hearing
given by the fiscal body by publication in accordance with IC 5-3-1.
(c) A municipal housing authority and a county housing authority
share jurisdiction to exercise the powers granted by this chapter in the
area that is:
(1) within the county; and
(2) located within five (5) miles outside the corporate boundaries
of the municipality.
(d) Notwithstanding subsections (a), (b), and (c), the housing
authority of a consolidated city has jurisdiction to exercise the powers
granted by this chapter only in the area that was subject to its
jurisdiction on December 31, 1969.
[Pre-Local Government Recodification Citations: 18-4-8-5
part; 18-7-11-3(g); 18-7-11-5.5.]
As added by Acts 1981, P.L.309, SEC.37. Amended by Acts
1981, P.L.45, SEC.34; P.L.52-2003, SEC.1.

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