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South Bend Redevelopment Commission <br />Regular Meeting — February 4, 2005 <br />6. NEW BUSINESS (CONT.) <br />C. Sample -Ewing Development Area <br />(3) continued... <br />property. The Commission has the authority <br />by law to purchase property located in a <br />redevelopment area by following the <br />procedure set forth in I.C. 36- 7 -14 -19 that <br />Mr. Laurent has outlined, which is to set a <br />fair offering price, or a fair market value <br />price, based upon the average of two (2) <br />independent appraisals. Under I.C. 36 -7 -14- <br />20, the Commission also has the authority to <br />use eminent domain if an agreement for <br />purchase of the property cannot be reached <br />and acquisition of the property is necessary <br />If the Commission uses eminent domain <br />there is a separate procedure that must be <br />followed, including a particular format of <br />purchase offer that has to be submitted under <br />the provisions of Indiana's Eminent Domain <br />Act. However, there is nothing in the statute <br />that requires the Commission to <br />automatically resort to eminent domain to <br />purchase property which is why the purchase <br />offer does not contemplate the use of eminent <br />domain. If the Commission did find it <br />necessary, however, to use eminent domain, <br />the Commission would be required to go <br />back and pursue the procedures set forth in <br />I.C. 36- 7 -14 -20 which references the <br />Eminent Domain Act under Indiana law and <br />requires a separate purchase offer in the form <br />prescribed by statute. <br />Mr. Hunt asked if any major environmental <br />issues were anticipated relating to the <br />property. <br />16 <br />