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South Bend Redevelopment Commission <br />Regular Meeting — November 18, 2005 <br />6. NEW BUSINESS (CONT.) <br />F. West Washington /Chapin Development Area <br />(1) continued... <br />donated to the City several years about. <br />Legal counsel has filed a declaratory <br />judgment action with the St. Joseph Circuit <br />Court to quiet some title issues with respect <br />to that property. There is a court hearing set <br />for January 17, 2006. Pending the outcome <br />of the hearing, legal counsel does not believe <br />there is any risk to the Commission or to the <br />City to proceed with the request before the <br />today. Although the City is the owner of the <br />property, the Commission is being asked to <br />utilize TIF revenue for project work that <br />includes partial demolition of the property. <br />The Natatorium property is in deteriorating <br />condition such that partial demolition is <br />necessary to ensure the safety and welfare of <br />the neighborhood. <br />Mr. King asked if legal counsel if there <br />would still be a public use for the Natatorium <br />in future development. Ms. Greene <br />responded that potential development being <br />sought for the property through the assistance <br />of South Bend Heritage Foundation is <br />consistent with the public use doctrine. In <br />addition, there is an Indiana Statute that <br />appears to sunset reversionary rights after a <br />specified period of time, which would apply <br />to this property. However, that statute has <br />not been tested at the appellate level, so there <br />is no case law interpreting it. If the statute <br />does not serve to extinguish any reversionary <br />interests, then legal counsel is of the opinion <br />that the intended future use of the property <br />would be consistent with the restrictions <br />originally expressed in the deed to the City. <br />22 <br />