FISCAL STUDIES: LEGAL BASIS John R. Molitor Attorney

2 Statutory Authority General Powers General Powers A unit may plan for and regulate the use, improvement, and maintenance of real property…. IC

3 Statutory Authority Rulemaking Power Rulemaking Power Each plan commission shall … make rules for … the administration of the affairs of the commission [or] planning department …. IC (a)(1).

4 Statutory Authority Fee-Assessment Power Fee-Assessment Power The plan commission may establish a schedule of reasonable fees to defray the administrative costs connected with processing and hearing … appeals and petitions … and other official actions …. IC

5 Statutory Authority Fee-Assessment Power Fee-Assessment Power The plan commission shall establish a uniform schedule of fees proportioned to the cost of checking and verifying the proposed plats. IC

6 Statutory Authority Home Rule Principle Home Rule Principle A unit … has all other powers necessary or desirable in the conduct of its affairs. IC (b)(2).

7 Statutory Authority Home Rule Principle Home Rule Principle [A] unit may exercise any power … to the extent … not expressly denied by the Indiana Constitution or another statute…. IC (a)(1).

8 Statutory Authority How to Exercise How to Exercise If there is no constitutional or statutory provision requiring a specific manner for exercising a power, [a unit may] adopt an ordinance prescribing a specific manner…. IC (b)(1).

9 Statutory Authority Limit re License Fees Limit re License Fees [A] unit does not have … power to impose a license fee greater than that reasonably related to the administrative cost of exercising a regulatory power. IC (a)(5).

10 Statutory Authority Limit re Impact Fees Limit re Impact Fees An ordinance adopted under this section is the exclusive means for a unit to impose an impact fee [to pay for infrastructure]. IC

11 Property Rights Limit on Takings Limit on Takings … nor shall private property be taken for public use, without just compensation. U.S. Constitution, Fifth Amendment.

12 Property Rights Limit on Takings Limit on Takings No person's property shall be taken by law, without just compensation …. Indiana Constitution, Art. 1, Sec. 21.

13 Property Rights Limit on Takings Limit on Takings No person's property shall be taken by law, without just compensation nor, except in case of the State, without such compensation first assessed and tendered. Indiana Constitution, Art. 1, Sec. 21.

14 Property Rights Rule re Nonconformity: ADVISORY. A structure may not be located and [a] permit for a structure … may not be issued unless the structure and its location conform to the … zoning ordinance. IC (a). Rule re Nonconformity: ADVISORY. A structure may not be located and [a] permit for a structure … may not be issued unless the structure and its location conform to the … zoning ordinance. IC (a).

15 Property Rights Rule re Nonconformity: AREA-METRO. … a structure may not be located and a permit may not be issued unless the use, character, and location of the structure is in conformity with the applicable ordinance. IC (b). Rule re Nonconformity: AREA-METRO. … a structure may not be located and a permit may not be issued unless the use, character, and location of the structure is in conformity with the applicable ordinance. IC (b).

16 Property Rights Taking of an Illegal, Nonconforming Structure: [No] compensation … may be awarded for the taking of … any structure erected in violation of … an ordinance. IC Taking of an Illegal, Nonconforming Structure: [No] compensation … may be awarded for the taking of … any structure erected in violation of … an ordinance. IC

17 Property Rights New Rule re “Complete Applications”: New Rule re “Complete Applications”: Development applications are governed for at least 3 years (but not more than 7 years) by existing laws. See IC (c).

18 Property Rights New Rule re Granted “Approvals”: New Rule re Granted “Approvals”: Development rights are governed for at least 3 years (but not more than 7 years) by existing laws. See IC (e).

19 Property Rights New Rule re Existing Signs: [Government] may not require [removal of a legal sign] as a condition of issuing [a permit or land use order] unless the owner of the sign is compensated … or has waived the right …. IC ; IC New Rule re Existing Signs: [Government] may not require [removal of a legal sign] as a condition of issuing [a permit or land use order] unless the owner of the sign is compensated … or has waived the right …. IC ; IC

20 Property Rights Rule re Existing Agricultural Uses: Rule re Existing Agricultural Uses: [Government] may not … terminate an agricultural nonconforming use if the … use has been maintained for at least any 3 year period in a 5 year period. IC

21 Property Rights Burden of Proof: [The] party alleging the existence of a nonconforming use … has the burden of proof on that issue…. IC Burden of Proof: [The] party alleging the existence of a nonconforming use … has the burden of proof on that issue…. IC

FISCAL STUDIES: LEGAL BASIS Good night, everybody! John R. Molitor