§ 36-9-11-8 — Acquisition and use of property

Indiana § 36-9-11-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 11: Municipal Parking Facilities

Text

(a) A municipality may acquire the property
required for parking facilities by gift, lease, purchase, the exercise of
the power of eminent domain, or any combination of these methods. A
municipality may also acquire air rights above real property, for
facilities above that property, without also acquiring that property.
(b) The municipal works board may, at any time, obtain an option
for the purchase of the land required for parking facilities, or may enter
into a contract for the purchase of that land upon the terms and
conditions it considers best. However, the options or contracts are
subject to the final action of the works board under section 5 of this
chapter, and to the condition that the land may be paid for only out of
money made available to the board for that purpose under this chapter.
(c) In acquiring property for parking facilities by the exercise of the
power of eminent domain, a municipality shall proceed under the
statutes governing the exercise of the power of eminent domain by the
works board of a municipality of its class, or under any applicable
general statute. However, property may not be acquired by a city under
this subsection until it is approved as a suitable location for a parking
facility by the legislative body.
(d) The works board may use for parking facilities any land that was
previously acquired by the municipality and is not needed for other
purposes. In a city, however, such an action must be approved by the
legislative body.
[Pre-Local Government Recodification Citations: 19-5-11-2
part; 19-5-11-3 part; 19-5-11-5 part; 19-5-11-7 part; 19-5-13-3 part;
19-5-13-6 part; 19-5-13-8.]
As added by Acts 1981, P.L.309, SEC.84.