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36-10-4-1. Application of Chapter

Sec. 1. (a) This chapter applies to each second class city in which the legislative body has adopted all or part of this chapter by ordinance. (b) This chapter applies to each third class city in which the legislative body has adopted all or part of this chapter by ordinance. (c) In addition, in a […]

36-10-4-10. Powers of Board Extended Five Miles Outside Corporate City Boundaries

Sec. 10. In a city that adopted this chapter by ordinance under IC 19-7-9 (before its repeal on September 1, 1981), the powers granted the board by section 9(a) extend five (5) miles outside the corporate boundaries of the city. [Pre-Local Government Recodification Citation: 19-7-9-5 part.] As added by Acts 1981, P.L.309, SEC.111. Amended by […]

36-10-4-12. Open Spaces for Park, Recreational, or Civic Purposes

Sec. 12. The board may develop open spaces for park, recreational, or civic purposes in cities where areas have become blighted or require redevelopment for the public welfare in cooperation with the redevelopment commission and the plan commission for the city, providing out of park funds, by bond issue, from other available funds, or by […]

36-10-4-15. Publication of Rules Adopted by Board

Sec. 15. All rules that the board adopts under this chapter shall be published in accordance with IC 5-3-1. [Pre-Local Government Recodification Citations: 19-7-9-7 part; 19-7-30-11 part.] As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.45, SEC.98.

36-10-4-17. Granting of Public Utility Franchise

Sec. 17. A franchise may not be granted by the city for the construction or maintenance of railways or telephone, telegraph, pipe, or conduit lines upon, across, over, or through a park, parkway, park boulevard, boulevard, or driveway under the control of the board without the consent of the board. [Pre-Local Government Recodification Citations: 19-7-9-7 […]

36-10-4-19. Building Lines; Establishment by Resolution; Nature of Rights in Land Between Building Line and Park Property; Procedure; Regulation of Use of Property; Conflict of Interest

Sec. 19. (a) The board may, by resolution, establish a building line determining the distance at which all structures erected upon any premises fronting a park, parkway, or boulevard may be erected. Upon the adoption of the resolution, the board shall acquire, in the name of the city, by donation, condemnation, or purchase, the land […]

36-10-4-2. Definitions

Sec. 2. As used in this chapter: “Board” refers to a board of park commissioners, or board of parks and recreation of a consolidated city. “Department” refers to a department of public parks, or department of parks and recreation of a consolidated city. “District” means the area within the jurisdiction of a department. [Pre-Local Government […]

36-10-4-20. Acquisition of Property for Various Purposes; Holding Property in Trust; Establishment of Museums; Contracts for Management and Maintenance of Facilities

Sec. 20. (a) Real and personal property may be granted, devised, leased, bequeathed, or conveyed to a city for park purposes or for the establishment, improvement, maintenance, or ornamentation of a park, playground, boulevard, pleasureway, parkway, wheelway, garden for horticulture and floriculture, museum, zoological garden, collection of natural history, observatory, library, fountain, monument, work of […]

36-10-4-21. Eminent Domain; Damages; Prior Public Use

Sec. 21. (a) The board may exercise the power of eminent domain for the purposes of this chapter: (1) within the corporate boundaries of the city; and (2) before July 1, 2019, outside of the city within: (A) ten (10) miles; or (B) five (5) miles if the city adopted this chapter by ordinance under […]

36-10-4-22. Authority Concerning Rivers, Streams, and Waterways

Sec. 22. (a) This section applies only to the parts of rivers, streams, and waterways that are within or bordering park land and boulevards under the control of the board. (b) The board may: (1) keep open rivers, streams, and waterways and prevent the deposit of unsightly or obnoxious materials in or along them; (2) […]

36-10-4-24. Appropriation of Property; Purposes

Sec. 24. The board may appropriate property for: (1) establishing a park, parkway, pleasure driveway, or boulevard; (2) widening or extending a park, parkway, pleasure driveway, or boulevard; (3) opening, widening, or extending a route or right-of-way for a sewer or channel of a watercourse connected with or necessary for the protection of a park, […]