Section 36-7-14-15 - Data concerning areas in need of redevelopment; declaratory resolution; amendment to resolution or plan; approval(a) Whenever the redevelopment commission finds that:(1) an area in the territory under its jurisdiction is an area needing redevelopment;(2) the conditions described in IC 36-7-1-3 cannot be corrected in the area by regulatory processes or the ordinary operations of private enterprise without resort to this chapter;(3) the public health and welfare will be benefited by:(A) the acquisition and redevelopment of the area under this chapter as a redevelopment project area; or(B) the amendment of the resolution or plan, or both, for an existing redevelopment project area; and(4) in the case of an amendment to the resolution or plan for an existing redevelopment project area:(A) the amendment is reasonable and appropriate when considered in relation to the original resolution or plan and the purposes of this chapter; and(B) the resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the unit; the commission shall cause to be prepared the data described in subsection (b).
(b) After making a finding under subsection (a), the commission shall cause to be prepared: (1) maps and plats showing: (A) the boundaries of the area in which property would be acquired for, or otherwise affected by, the establishment of a redevelopment project area; or the amendment of the resolution or plan for an existing area;(B) the location of the various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning, rezoning, or redevelopment of the area, indicating any parcels of property to be excluded from the acquisition or otherwise excluded from the effects of the establishment of the redevelopment project area; or the amendment of the resolution or plan for an existing area; and(C) the parts of the area acquired, if any, that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the redevelopment plan;(2) lists of the owners of the various parcels of property proposed to be acquired for, or otherwise affected by, the establishment of an area or the amendment of the resolution or plan for an existing area; and(3) an estimate of the costs, if any, to be incurred for the acquisition and redevelopment of property.(c) This subsection applies to the initial establishment of a redevelopment project area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that: (1) the area needing redevelopment is a menace to the social and economic interest of the unit and its inhabitants;(2) it will be of public utility and benefit to acquire the area and redevelop it under this chapter; and(3) the area is designated as a redevelopment project area for purposes of this chapter. The resolution must state the general boundaries of the redevelopment project area, and that the department of redevelopment proposes to acquire all of the interests in the land within the boundaries, with certain designated exceptions, if there are any.
(d) This subsection applies to the amendment of the resolution or plan for an existing redevelopment project area. After completion of the data required by subsection (b), the redevelopment commission shall adopt a resolution declaring that:(1) it will be of public utility and benefit to amend the resolution or plan for the area; and(2) any additional area to be acquired under the amendment is designated as part of the existing redevelopment project area for purposes of this chapter. The resolution must state the general boundaries of the redevelopment project area, including any changes made to those boundaries by the amendment, and describe the activities that the department of redevelopment is permitted to take under the amendment, with any designated exceptions. The resolution and all supporting information shall be submitted to the legislative body of the unit establishing the redevelopment commission for approval. The legislative body must approve the additional area as part of the redevelopment project area for purposes of this chapter.
(e) For the purpose of adopting a resolution under subsection (c), or (d), it is sufficient to describe the boundaries of the redevelopment project area by its location in relation to public ways or streams, or otherwise, as determined by the commissioners. Property excepted from the application of a resolution may be described by street numbers or location.Pre-Local Government Recodification Citations: 18-7-7-12; 18-7-7.1-12.
Amended by P.L. 149-2014, SEC. 9, eff. 7/1/2014.Amended by P.L. 172-2011, SEC. 147, eff. 7/1/2011.As added by Acts1981 , P.L. 309, SEC.33. Amended by P.L. 35-1990, SEC.55; P.L. 185-2005, SEC.11; P.L. 221-2007, SEC.35; P.L. 146-2008, SEC.725.