2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 7. PLANNING AND DEVELOPMENT CHAPTER 21. SPECIAL IMPROVEMENT DISTRICTS FOR REDEVELOPMENT OF BLIGHTED AREAS
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IC 36-7-21
Chapter 21. Special Improvement Districts for Redevelopment
of Blighted Areas
IC 36-7-21-1
Application of chapter
Sec. 1. This chapter applies to all units except townships.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-2
Legislative finding
Sec. 2. The general assembly finds that the redevelopment
purposes for which special improvement districts may be established
under this chapter constitute local public improvements.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-3
Establishment of special improvement district; prerequisite
findings
Sec. 3. (a) A redevelopment commission may by resolution
request the legislative body of the unit to establish a special
improvement district for the purposes set forth in IC 36-7-15.1 with
respect to counties having a consolidated city and in IC 36-7-14 with
respect to all other eligible units.
(b) A special improvement district shall be established according
to the procedures set forth for the establishment of allocation areas
under IC 36-7-15.1 or IC 36-7-14, as applicable.
(c) In establishing the special improvement district, the legislative
body must find that the projects to be undertaken in the district:
(1) constitute local public improvements;
(2) provide special benefits to property owners in the district;
and
(3) will be of public utility and benefit.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-4
Resolution requesting establishment of district; contents
Sec. 4. In the resolution requesting the legislative body to establish
a special improvement district, the redevelopment commission shall
include the following information:
(1) A map of the boundaries of the proposed special
improvement district, to include, if applicable, zone boundaries
as prescribed by section 6 of this chapter.
(2) The name and address of each parcel and owner of land
within the district and a description of the existing land use and
zoning classification of each parcel.
(3) A detailed description of the proposed improvement its
estimated cost, and the benefits expected to accrue to the
property owners within the district.
(4) A plan for the application of assessment revenue to the cost
of the project.
(5) A proposed apportionment of the annual assessment to the
parcels of real property within the district, as prescribed by
sections 5 and 6 of this chapter.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-5
Apportionment of benefits; adjustment
Sec. 5. Benefits shall be apportioned on a gross square footage
basis or on any other basis reasonably representative of the diffusion
of benefits and may be adjusted by zone and land use as provided for
in section 6 of this chapter.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-6
Benefit adjustment through establishment of multiple zone districts
and land use management
Sec. 6. (a) If the redevelopment commission finds that the benefit
of the special improvement varies from one (1) area to another within
the district, the commission may establish up to three (3) zones
within the district to delineate the approximate difference in
beneficial impact and may propose the apportionment of benefits
accordingly. The redevelopment commission may exclude all or part
of the area actually encompassed by the improvement.
(b) In order to encourage the retention or development of various
land uses within the district, the redevelopment commission may
adjust the assessment according to the zoning classification of the
property.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-7
Certification of scheduled assessments to county auditor;
designation of assessment on property tax statement; judicial
review of ordinance establishing district
Sec. 7. (a) Upon the approval by the legislative body of the
resolution establishing the special improvement district, the
redevelopment commission shall certify the list of assessments
apportioned under sections 5 and 6 of this chapter to the county
auditor. The scheduled assessments shall be collected only insofar as
the schedule of assessments has been approved by the legislative
body.
(b) Within thirty (30) days after the county auditor receives the
certification of final scheduled assessments for the completion of the
special improvement, the auditor shall deliver a copy of the duplicate
to the county treasurer. Each year the treasurer shall add to the tax
statements of a person owning the property affected by an
assessment, designating it in a manner distinct from general taxes, the
full annual assessment due in the year the statement is sent.
(c) Any owner of the property to be assessed under the ordinance
establishing the special improvement district is entitled to judicial
review of that ordinance in the circuit or superior court of the county
in which the redevelopment commission is located.
As added by P.L.380-1987(ss), SEC.20.
IC 36-7-21-8
Bonds or notes payable from special improvement assessments
Sec. 8. Subject to the approval of the legislative body under
IC 36-7-14 or IC 36-7-15.1, as applicable, the redevelopment
commission may issue notes or bonds payable from the special
improvement assessments. These assessments are not ad valorem
property taxes, and any bonds issued and payable by the assessment
revenues are not a general obligation of the unit that established the
special improvement district.
As added by P.L.380-1987(ss), SEC.20.
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