Sec. 2. (a) This section applies only to a county having a consolidated city.

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Terms Used In Indiana Code 36-1-28-2

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) As used in this section, “board” refers to the:

(1) board of directors of an agricultural fair society, association, or corporation that is organized under IC 15-14-5; or

(2) county legislative body;

that owns a county fairgrounds or, by agreement with the owner, operates the county fairgrounds and is the owner’s authorized agent in the placement of a digital billboard under this chapter.

     (c) As used in this section, “property” means the real property that is part of a county fairgrounds.

     (d) Notwithstanding any ordinance adopted under IC 36-7-4, but subject to subsection (e), the board may place one (1) digital billboard on the property at a location that is:

(1) selected by the board; and

(2) outside the public right-of-way.

     (e) The board is subject to any restriction, approval, or other requirement of IC 8-23-20 that applies to the placement of the digital billboard.

     (f) The board must provide written notice at least ninety (90) days before installation of the billboard to the following:

(1) The plan commission, if the property is within the jurisdiction of a plan commission.

(2) The legislative body of:

(A) any municipality in which the property is located; and

(B) the county in which the property is located, in the case of a board described in subsection (b)(1).

     (g) The board must conduct a public hearing in which the board receives public comment regarding the digital billboard not earlier than ninety (90) days before the digital billboard is installed.

     (h) The owner of the property shall receive any revenue from a lease of the property to the digital billboard’s owner for the placement of the digital billboard on the property.

As added by P.L.97-2022, SEC.5.

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