Indianapolis Shifts More TIF Risk Onto Developers
“PUBLIC LAW MONITOR” submitted by Joshua Claybourn-Counsel
The city of Indianapolis is putting a new twist on TIF financing to spur real estate projects that would benefit neighborhoods which lack the transformative potential of big downtown projects. Under traditional tax-increment financing (TIF) deals, the city assumes the risk of a bond issue and must make up shortfalls if additional property tax revenue generated in the district falls short of debt payments. However, with some new Indy neighborhood projects, the developer backs the bonds and is on the hook for shortfalls. The move by Indianapolis follows similar deals arranged by Fishers, which is considering a $6.9 million bond to help launch a the 37-acre MedTech Park. Click here for more from the Indianapolis Business Journal and for an IBJ editorial endorsing the creative approach.
ACLU Challenges Clarksville Yard-Inspection Ordinance
Mary Upton, a Clarksville resident, is suing the southern Indiana town for entering her yard without her permission or warrant, an action she says violates her Fourth Amendment rights. In court filings in the case of Mary Hazel Upton v. Town of Clarksville, Indiana in U.S. District Court for the Southern District of Indiana, ACLU attorneys contend that personnel from the town of Clarksville have walked through a gate to enter Upton’s backyard, where they have conducted inspections and taken photos of her property. The inspections, which occurred in October 2012, September 2015 and July and September 2016, resulted in a “Notice of Violation†that required Upton to comply with town ordinances governing weeds within seven days or be issued a citation, which leads to a court appearance and possible fines. Upton’s attorneys wrote in their brief that the town’s practice of entering Upton’s yard without a warrant or her permission, and the ordinances that allow them to do so, are in violation of Fourth Amendment protections.
Knightstown Removes Cross After ACLU Lawsuit
The Town of Knightstown removed a cross from its Christmas decorations after the American Civil Liberties Union of Indiana said it violated the First Amendment. The Knightstown Town Council released a statement Monday saying the cross was removed because the town could not win a lawsuit filed by the ACLU on behalf of resident Joseph Tomkins. Dozens of people gathered at the display last week to pray that the town about 40 miles east of Indianapolis could keep the cross on display. A few protesters showed up Monday when the cross was removed.
FOOTNOTE: Joshua Claybourn is Counsel in Jackson Kelly’s Evansville office. He advises clients in matters of business and corporate law, governmental services, and public finance. Learn more here.
