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Current as of January 02, 2024 | Updated by Findlaw Staff
Sec. 25. (a) The commission shall do the following:
(1) Assist in the coordination of efforts concerning projects that are located in or otherwise affect the district.
(2) Assist an eligible county, an eligible unit, a tribal government of a reservation site, and a development authority in coordinating tourism and economic development efforts related to or that otherwise leverage economic improvement projects in or serving the district.
(3) Provide for the design, development, construction, operation, and maintenance of the trail project.
(b) The commission may do any of the following:
(1) Improve, construct, reconstruct, renovate, purchase, acquire, and equip land and economic improvement projects.
(2) Lease land or an economic improvement project.
(3) Acquire and construct additional improvements to economic improvement projects or other capital improvements owned by the commission and lease them to or for the benefit of an eligible participant.
(4) Acquire land or all or a part of one (1) or more economic improvement projects from an eligible participant or an Indiana nonprofit corporation by purchase and lease the land or economic improvement projects back to the eligible participant or Indiana nonprofit, with any additional improvements that may be made to the land or economic improvement projects.
(5) Acquire all or a part of one (1) or more economic improvement projects from an eligible participant by purchase to fund or refund indebtedness incurred on account of the economic improvement projects to enable the eligible participant to make a savings in debt service obligations or lease rental obligations or to get relief from covenants that the eligible participant considers to be unduly burdensome.
(6) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following for economic improvement projects:
(A) A commuter transportation district.
(B) An airport authority.
(C) A regional transportation authority.
(D) An eligible county.
(E) An eligible unit.
(7) Provide funding for economic improvement projects.
(8) Hold, use, 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 commission, any real or personal property.
(9) After giving notice, enter upon any lots or lands for the purpose of surveying or examining the lots or lands to determine the location of an economic improvement project.
(10) Make or enter into all contracts and agreements necessary or incidental to the performance of the commission's duties and the execution of the commission's powers under this chapter.
(11) Sue, be sued, plead, and be impleaded.
(12) Design, order, contract for, construct, reconstruct, and renovate an economic improvement project.
(13) Appoint or contract for 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 commission in exercising the commission's powers or carrying out the commission's duties under this chapter.
(14) Accept grants, and other forms of financial assistance from the federal government, the state government, an eligible participant, or any other public or private source.
(15) Use the commission's funds to match federal grants or make loans, loan guarantees, or grants to carry out the commission's powers and duties under this chapter.
(16) Recommend any changes and approve any requested variances to the land use and zoning plan for the district.
(17) Except as prohibited by law, take any action necessary to carry out this chapter.
(c) If the commission is unable to agree with the owners, lessees, or occupants of any real property in the district selected for the purposes of this chapter, the commission may proceed under IC 32-24-1 to procure the condemnation of the property, subject to the approvals set forth in subsection (d). The commission 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 commission of the property involved; and
(3) sets out any other facts that the commission considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the proposed acquisition.
(d) The commission may exercise the power of eminent domain as provided in section 22 of this chapter and subsection (c) concerning a particular property only if the acquisition of the real property has been approved by:
(1) the legislative body of the eligible city if the property is located inside the eligible city; or
(2) the legislative body of the eligible county if the property is not located inside the eligible city.
Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-10-16-25 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-10-16-25/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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