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Senate Bill 0177


Senate Bill 0177

ARCHIVE (2010)

Latest Information

 

DIGEST OF SB177 (Updated February 2, 2010 1:12 pm - DI 84)


Indianapolis historic preservation commission. Reduces the term from four to two years of an Indianapolis historic preservation commission member who is appointed to serve a term that begins after December 31, 2010. Allows a property owner to appeal any decision of Indianapolis historic preservation commission (IHPC) on the owner's application for a certificate of appropriateness to the metropolitan development commission (MDC) on the grounds that the decision: (1) has an adverse affect on the owner's property rights; (2) deprives the owner of any reasonable use and benefit of the subject property; (3) imposes a hardship on the applicant, including that the recommendations by the IHPC respecting the proposed construction, reconstruction, alteration or demolition are: (A) infeasible from a mechanical, technical or structural standpoint; or (B) the economics of recommended action would require the property owner to make an unreasonable expenditure. Allows the IHPC to grant a certificate of authorization on the same grounds. Provides that the proceeding before the MDC may be de novo. Allows a property owner to file a petition for certiorari appealing the decision of the MDC. Specifies that a property owner or aggrieved party may file a petition for certiorari to a circuit or superior court of the county appealing the decision of the IHPC. Provides that any appeal of a: (1) pending IHPC determination on an application for a certificate of appropriateness; or (2) IHPC determination on an application for a certificate of appropriateness for which a petition for certiorari has not been filed; that is taken after the close of business on June 30, 2011, must be filed with the MDC. Establishes an interim study committee to study all aspects of the IHPC and other historic preservation commissions.
    Current Status:
     In Committee - 2nd House
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