Indiana Code 36-7.6-3-2. Powers
(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects that are of regional importance.
Terms Used In Indiana Code 36-7.6-3-2
- Bequest: Property gifted by will.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
(3) Finance and construct additional improvements to projects or other capital improvements owned by the development authority and lease them to or for the benefit of an eligible political subdivision.
(4) Construct or reconstruct highways, roads, and bridges.
(5) Acquire land or all or a part of one (1) or more projects from an eligible political subdivision by purchase or lease and lease the land or projects back to the eligible political subdivision, with any additional improvements that may be made to the land or projects.
(6) Acquire all or a part of one (1) or more projects from an eligible political subdivision by purchase or lease to fund or refund indebtedness incurred on account of the projects to enable the eligible political subdivision to make a savings in debt service obligations or lease rental obligations or to obtain relief from covenants that the eligible political subdivision considers to be unduly burdensome.
(7) Make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of the following:
(A) A commuter transportation district.
(B) An airport authority.
(C) A regional transportation authority. A loan, a loan guarantee, a grant, or other financial assistance under this clause may be used by a regional transportation authority for acquiring, improving, operating, maintaining, financing, and supporting the following:
(i) Bus services (including fixed route services and flexible or demand-responsive services) that are a component of a public transportation system.
(ii) Bus terminals, stations, or facilities or other regional bus authority projects.
(D) A county.
(E) A municipality.
(8) Provide funding to assist a railroad that is providing commuter transportation services in a county containing territory included in the development authority.
(9) Provide funding to assist an airport authority located in a county containing territory included in the development authority in the construction, reconstruction, renovation, purchase, lease, acquisition, and equipping of an airport facility or airport project.
(10) Provide funding for intermodal transportation projects and facilities.
(11) Provide funding for regional trails and greenways.
(12) Provide funding for economic development projects.
(13) Provide funding for regional transportation infrastructure projects under IC 36-9-43.
(14) Hold, use, lease, rent, 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 development authority, any real or personal property.
(15) After giving notice, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a project.
(16) Make or enter into all contracts and agreements necessary or incidental to the performance of the development authority’s duties and the execution of the development authority’s powers under this article.
(17) Sue, be sued, plead, and be impleaded.
(18) Design, order, contract for, construct, reconstruct, and renovate a project or improvements to a project.
(19) Appoint 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 development authority in exercising its powers or carrying out its duties under this article.
(20) Accept loans, grants, and other forms of financial assistance from the federal government, the state government, a political subdivision, or any other public or private source.
(21) Use the development authority’s funds to match federal grants or make loans, loan guarantees, or grants to carry out the development authority’s powers and duties under this article.
(22) Except as prohibited by law, take any action necessary to carry out this article.
(b) Projects funded by a development authority must be of regional importance.
(c) If a development authority is unable to agree with the owners, lessees, or occupants of any real property selected for the purposes of this article, the development authority may (subject to subsection (d)) proceed under IC 32-24-1 to procure the condemnation of the property. The development authority 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 development authority of the property involved; and
(3) sets out any other facts that the development authority considers necessary or pertinent.
The resolution is conclusive evidence of the public necessity of the proposed acquisition.
(d) A development authority may exercise the power of eminent domain as provided in subsections (a)(14) and (c) concerning a particular property only if that exercise of the power of eminent domain is approved by:
(1) the legislative body of the municipality in which the property is located; or
(2) the legislative body of the county in which the property is located, if the property is not located within a municipality.
As added by P.L.232-2007, SEC.7. Amended by P.L.229-2017, SEC.42; P.L.178-2017, SEC.1; P.L.86-2018, SEC.351.