County property tax assessm ent board of appeals
recommendation; notice; forwarding
Sec. 5. (a) Subject to section 8(g) of this chapter, the board may
recommend that the department grant the petition or that the
department approve a reduction of the delinquent tax liability in an
amount less than the amount sought by the petitioner if the board
determines that:
(1) the brownfield was acquired or is proposed to be acquired
as a result of:
(A) sale or abandonment in a bankruptcy proceeding;
(B) foreclosure or a sheriff's sale;
(C) receivership; or
(D) purchase from a political subdivision;
(2) the plan referred to in section 2(5) of this chapter is in the
best interest of the community;
(3) the waiver or reduction of the delinquent tax liability:
(A) is in the public interest; and
(B) will facilitate development or use of the brownfield;
(4) the petitioner:
(A) has not had an ownership interest in an entity that
contributed; and
(B) has not contributed;
to the contaminant or contaminants on the brownfield;
(5) the department of environmental management has
determined that the property is a brownfield;
(6) if the petitioner is the owner of the brownfield, the
delinquent tax liability sought to be waived or reduced arose
before the petitioner's acquisition of the brownfield; and
(7) no part of the delinquent tax liability can reasonably be
collected from a person other than the owner of the brownfield.
(b) After the hearing and completion of any additional
investigation of the brownfield or of the petitioner that the board
considers necessary, the board shall:
(1) give notice, by mail, to the parties listed in section 4(1) of
this chapter of the board's recommendation that:
(A) the fiscal body deny the petition; or
(B) the department:
(i) deny the petition;
(ii) waive the delinquent tax liability, subject to section
8(g) of this chapter; or
(iii) reduce the delinquent tax liability by a specified
amount, subject to section 8(g) of this chapter; and
(2) forward to the department and the fiscal body a copy of:
(A) the board's recommendation; and
(B) the documents submitted to or collected by the board at
the public hearing or during the course of the board's
investigation of the brownfield or of the petitioner.
As added by P.L.208-2005, SEC.1.
Last modified: May 28, 2006