Sec. 24. (a) After considering the evidence, the designating body shall take final action determining whether the qualifications for deduction have been met and confirming, modifying and confirming, or rescinding the resolution. For each deduction granted by the designating body, the designating body shall state in the resolution granting the deduction whether the deduction is for three (3) six (6), or ten (10) years. This determination is final except that an appeal may be taken and heard as provided under sections 25 and 26 of this chapter.

     (b) A determination to grant a deduction under this chapter may be made:

Terms Used In Indiana Code 6-1.1-42-24

  • 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.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • 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
(1) as part of the resolution adopted under section 13 of this chapter; or

(2) by resolution adopted within sixty (60) days after receiving a copy of a property owner’s certified deduction application from the county auditor. A certified copy of the resolution shall be sent to the county auditor.

     (c) The grant allowing a brownfield revitalization zone deduction expires on the earliest of the following:

(1) 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.

(2) December 31 of the last year of the deduction.

(3) The date the zone expires.

(4) 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.

As added by P.L.59-1997, SEC.1. Amended by P.L.2-1998, SEC.27.

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