Skip to main content
Find a Lawyer

Indiana Code Title 36. Local Government § 36-7-14-47

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 47. The commission must make the following findings in the resolution adopting a housing program under section 45 of this chapter:

(1) Not more than twenty-five (25) acres of the area included in the allocation area has been annexed during the preceding five (5) years.

(2) No area within the allocation area has been annexed within the preceding five (5) years over a remonstrance of a majority of the owners of land within the annexed area.

(3) The program cannot be accomplished by regulatory processes or by the ordinary operation of private enterprise because of:

(A) the lack of public improvements;

(B) the existence of improvements or conditions that lower the value of the land below that of nearby land;  or

(C) other similar conditions.

(4) The public health and welfare will be benefited by accomplishment of the program.

(5) The accomplishment of the program will be of public utility and benefit as measured by:

(A) the provision of adequate housing for low and moderate income persons;

(B) an increase in the property tax base;  or

(C) other similar public benefits.

(6) At least one-third ( 1/3 ) of the parcels in the allocation area established by the program are vacant.

(7) At least seventy-five percent (75%) of the allocation area is used for residential purposes or is planned to be used for residential purposes.

(8) At least one-third ( 1/3 ) of the residential units in the allocation area were constructed before 1941.

(9) At least one-third ( 1/3 ) of the parcels in the allocation area have at least one (1) of the following characteristics:

(A) The dwelling unit on the parcel is not permanently occupied.

(B) The parcel is the subject of a governmental order, issued under a statute or an ordinance, requiring the correction of a housing code violation or unsafe building condition.

(C) Two (2) or more property tax payments on the parcel are delinquent.

(D) The parcel is owned by local, state, or federal government.

(10) The total area within the county or municipality that is included in any allocation area established for a housing program under section 45 of this chapter does not exceed three hundred (300) acres.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-7-14-47 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-7-14-47/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard