§ 36-7.6-3-2 — Powers

Indiana § 36-7.6-3-2

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7.6: REGIONAL DEVELOPMENT AUTHORITIES
• Ch. 3: Development Authority Powers and Duties

Text

(a) A development authority may do any of the
following:
(1) Finance, improve, construct, reconstruct, renovate, purchase,
lease, acquire, and equip land and projects that are of regional
importance.
(2) Lease land or a project to an eligible political subdivision.
(3) Finance and construct additional improvements to projects or
other capital improvements owned by the development authority
and lease them to or for the benefit of an eligible political
subdivision.
(4) Construct or reconstruct highways, roads, and bridges.
(5) Acquire land or all or a part of one (1) or more projects from
an eligible political subdivision by purchase or lease and lease the
land or projects back to the eligible political subdivision, with any
additional improvements that may be made to the land or projects.
(6) Acquire all or a part of one (1) or more projects from an
eligible political subdivision by purchase or lease to fund or
refund indebtedness incurred on account of the projects to enable
the eligible political subdivision to make a savings in debt service
obligations or lease rental obligations or to obtain relief from
covenants that the eligible political subdivision considers to be
unduly burdensome.
(7) Make loans, loan guarantees, and grants or provide other
financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority.
(C) A regional transportation authority. A loan, a loan
guarantee, a grant, or other financial assistance under this
clause may be used by a regional transportation authority for
acquiring, improving, operating, maintaining, financing, and
supporting the following:
(i) Bus services (including fixed route services and flexible
or demand-responsive services) that are a component of a
public transportation system.
(ii) Bus terminals, stations, or facilities or other regional bus
authority projects.
(D) A county.
(E) A municipality.
(8) Provide funding to assist a railroad that is providing commuter
transportation services in a county containing territory included
in the development authority.
(9) Provide funding to assist an airport authority located in a
county containing territory included in the development authority
in the construction, reconstruction, renovation, purchase, lease,
acquisition, and equipping of an airport facility or airport project.
(10) Provide funding for intermodal transportation projects and
facilities.
(11) Provide funding for regional trails and greenways.
(12) Provide funding for economic development projects.
(13) Provide funding for regional transportation infrastructure
projects under IC 36-9-43.
(14) Hold, use, lease, rent, purchase, acquire, and dispose of by
purchase, exchange, gift, bequest, grant, condemnation (subject
to subsection (d)), lease, or sublease, on the terms and conditions
determined by the development authority, any real or personal
property.
(15) After giving notice, enter upon any lots or lands for the
purpose of surveying or examining them to determine the location
of a project.
(16) Make or enter into all contracts and agreements necessary or
incidental to the performance of the development authority's
duties and the execution of the development authority's powers
under this article.
(17) Sue, be sued, plead, and be impleaded.
(18) Design, order, contract for, construct, reconstruct, and
renovate a project or improvements to a project.
(19) Appoint an executive director and employ appraisers, real
estate experts, engineers, architects, surveyors, attorneys,
accountants, auditors, clerks, construction managers, and any
consultants or employees that are necessary or desired by the
development authority in exercising its powers or carrying out its
duties under this article.
(20) Accept loans, grants, and other forms of financial assistance
from the federal government, the state government, a political
subdivision, or any other public or private source.
(21) Use the development authority's funds to match federal
grants or make loans, loan guarantees, or grants to carry out the
development authority's powers and duties under this article.
(22) Except as prohibited by law, take any action necessary to
carry out this article.
(b) Projects funded by a development authority must be of regional
importance.
(c) If a development authority is unable to agree with the owners,
lessees, or occupants of any real property selected for the purposes of
this article, the development authority may (subject to subsection (d))
proceed under IC 32-24-1 to procure the condemnation of the property.
The development authority may not institute a proceeding until it has
adopted a resolution that:
(1) describes the real property sought to be acquired and the
purpose for which the real property is to be used;
(2) declares that the public interest and necessity require the
acquisition by the development authority of the property involved;
and
(3) sets out any other facts that the development authority
considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the
proposed acquisition.
(d) A development authority may exercise the power of eminent
domain as provided in subsections (a)(14) and (c) concerning a
particular property only if that exercise of the power of eminent domain
is approved by:
(1) the legislative body of the municipality in which the property
is located; or
(2) the legislative body of the county in which the property is
located, if the property is not located within a municipality.

Legislative History

As added by P.L.232-2007, SEC.7. Amended by P.L.229-2017, SEC.42; P.L.178-2017, SEC.1; P.L.86-2018, SEC.351.