Section 36-7.5-3-2 - Powers(a) The development authority may do any of the following:(1) Finance, improve, construct, reconstruct, renovate, purchase, lease, acquire, and equip land and projects located in an eligible county or eligible municipality.(2) Lease land or a project to an eligible political subdivision.(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) Acquire land or all or a portion 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.(5) Acquire all or a portion 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.(6) 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 or airport development authority.(C) A regional bus authority. A loan, loan guarantee, grant, or other financial assistance under this clause may be used by a regional bus 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 regional transportation authority.(E) A member municipality that is eligible to make an appointment to the development board under IC 36-7.5-2-3(b)(2) and that has pledged admissions tax revenue for a bond anticipation note after March 31, 2014, and before June 30, 2015. However, a loan made to such a member municipality before June 30, 2016, under this clause must have a term of not more than ten (10) years, must require annual level debt service payments, and must have a market based interest rate. If a member municipality defaults on the repayment of a loan made under this clause, the development authority shall notify the treasurer of state of the default and the treasurer of state shall: (i) withhold from any funds held for distribution to the municipality under IC 4-33-12, or IC 4-33-13 an amount sufficient to cure the default; and(ii) pay that amount to the development authority.(7) Provide funding to assist a railroad that is providing commuter transportation services in an eligible county or eligible municipality.(8) Provide funding to assist an airport authority located in an eligible county or eligible municipality in the construction, reconstruction, renovation, purchase, lease, acquisition, and equipping of an airport facility or airport project.(9) Provide funding to assist in the development of an intermodal facility to facilitate the interchange and movement of freight.(10) Provide funding for economic development projects in an eligible county or eligible municipality.(11) Hold, use, lease, rent, purchase, acquire, and dispose of by purchase, exchange, gift, bequest, grant, condemnation, lease, or sublease, on the terms and conditions determined by the development authority, any real or personal property located in an eligible county or eligible municipality.(12) After giving notice, enter upon any lots or lands for the purpose of surveying or examining them to determine the location of a project.(13) Make or enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article.(14) Sue, be sued, plead, and be impleaded.(15) Design, order, contract for, and construct, reconstruct, and renovate a project or improvements to a project.(16) 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.(17) 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.(18) 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.(19) Provide funding for regional transportation infrastructure projects under IC 36-9-43.(20) Except as prohibited by law, take any action necessary to carry out this article.(b) If the 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 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.
Amended by P.L. 114-2022,SEC. 38, eff. 7/1/2022.Amended by P.L. 229-2017,SEC. 38, eff. 4/28/2017.Amended by P.L. 204-2016, SEC. 39, eff. 3/24/2016.Amended by P.L. 197-2011, SEC. 152, eff. 7/1/2011.As added by P.L. 214-2005, SEC.73. Amended by P.L. 47-2006, SEC.60; P.L. 182-2009 (ss), SEC.424.