Sec. 7. (a) After conducting a hearing on the proposed economic improvement district, the legislative body may adopt an ordinance establishing the economic improvement district if it determines that:

(1) the petition meets the requirements of this section and sections 4 and 5 of this chapter;

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Terms Used In Indiana Code 36-7-22-7

  • 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
(2) the economic improvement projects to be undertaken in the district will provide special benefits to property owners in the district and will be of public utility and benefit;

(3) the benefits provided by the project will be new benefits that do not replace benefits existing before the establishment of the district; and

(4) the formula to be used for the assessment of benefits is appropriate.

     (b) The legislative body may adopt the ordinance only if it determines that the petition has been signed by:

(1) at least sixty percent (60%) of the owners of real property within the proposed district; and

(2) the owners of real property constituting at least sixty percent (60%) of the assessed valuation in the proposed district.

     (c) The signature of a person whose property:

(1) is:

(A) owned by a nonprofit entity and is exempt from property taxation under IC 6-1.1-10-16;

(B) owned by this state or a state agency or leased to a state agency and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(C) owned by a political subdivision of this state and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(2) would be exempt from assessments under the ordinance;

may not be considered in determining whether the requirements of subsection (b) are met.

     (d) In addition, the assessed valuation of any property that:

(1) is:

(A) owned by a nonprofit entity and is exempt from property taxation under IC 6-1.1-10-16;

(B) owned by this state or a state agency or leased to a state agency and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(C) owned by a political subdivision of this state and is exempt from property taxation under IC 6-1.1-10 or any other law; or

(2) would be exempt from assessment under the ordinance;

may not be considered in determining the total assessed valuation in the proposed district.

As added by P.L.195-1988, SEC.1. Amended by P.L.25-1993, SEC.12; P.L.113-2010, SEC.135; P.L.207-2018, SEC.3.

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