Sec. 65. (a) This section applies only to a residential housing development program established under section 64 of this chapter.

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Terms Used In Indiana Code 36-7-15.1-65

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) Except as provided in subsections (c) and (d), all the rights, powers, privileges, and immunities that may be exercised by the commission in blighted, deteriorated, or deteriorating areas may be exercised by the commission in implementing a residential housing development program, including the following:

(1) The special tax levied in accordance with section 19 of this chapter may be used to accomplish the purposes of the program.

(2) Bonds may be issued under this chapter to accomplish the purposes of the program, but only one (1) issue of bonds may be issued and payable from increments in any allocation area established under section 64 of this chapter, except for refunding bonds or bonds issued in an amount necessary to complete a residential housing development program for which bonds were previously issued.

(3) Leases may be entered into under this chapter to accomplish the purposes of the program.

(4) The tax exemptions set forth in section 25 of this chapter are applicable.

(5) Property taxes may be allocated under section 26 of this chapter.

     (c) The commission may not exercise the power of eminent domain in implementing a residential housing development program.

     (d) The commission may not enter into lease financing or bond financing unless the commission first obtains approval of the legislative body of the consolidated city.

     (e) The residential housing in a residential housing development program may not be encumbered, used as collateral, subjected to a monetary assessment, or otherwise restricted in any way in order to provide security for repayment of a bond that is issued or a lease that is entered into for or in connection with the program, including any:

(1) lien;

(2) mortgage;

(3) covenant;

(4) special assessment; or

(5) restriction on a homeowner’s right to appeal a property tax assessment or other property tax issue affecting a homeowner’s liability for property taxes.

As added by P.L.126-2023, SEC.5.

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