Sec. 13. (a) After considering the evidence, the designating body shall take final action determining whether the qualifications for a brownfield revitalization zone have been met and confirming, modifying and confirming, or rescinding the resolution. This determination is final except that an appeal may be taken and heard as provided under sections 14 and 15 of this chapter.

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Terms Used In Indiana Code 6-1.1-42-13

  • 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.
  • brownfield: has the meaning set forth in Indiana Code 6-1.1-42-1
  • designating body: means the following:

    Indiana Code 6-1.1-42-2

  • 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.
  • remediation: has the meaning set forth in IC 13-11-2-186. See Indiana Code 6-1.1-42-3
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
  • zone: means a brownfield revitalization zone established under this chapter. See Indiana Code 6-1.1-42-4
     (b) The designation of an area as a brownfield revitalization zone expires on the earliest of the following:

(1) The date that the designating body determines that the applicant has failed to comply with the statement of benefits under section 30 of this chapter.

(2) The date that the designating body determines that the applicant has failed to make reasonable progress towards the completion of the remediation. A designating body may not make a determination under this subdivision before a date that is at least two (2) years after the date an area is designated as a brownfield revitalization zone.

(3) December 31 of the last year that the applicant is eligible for a deduction granted under section 24 of this chapter.

As added by P.L.59-1997, SEC.1.