11-54B-3
Section 11-54B-3 Development and maintenance of self-help business improvement districts. A
municipality may, through ordinance, provide for the creation and maintenance of one or more
self-help business improvement districts pursuant to this article. This article is intended
as the exclusive procedure through which a municipality may create and maintain a self-help
business improvement district. (Acts 1994, No. 94-677, §3.)...
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11-54B-42
Section 11-54B-42 Development and maintenance of self-help business improvement districts.
A Class 2 municipality, by ordinance, may provide for the creation and maintenance of one
or more self-help business improvement districts pursuant to this article. This article is
intended as the exclusive procedure by which a Class 2 municipality may create and maintain
a self-help business improvement district. (Act 2004-382, p. 626, §3.)...
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11-54B-45
Section 11-54B-45 Mailing of proposed ordinance and notice of hearing. At least 20 days prior
to the date set for a public hearing on the proposed self-help business improvement district
plan, notice of the date, time, and place of the hearing, with a description of the geographical
area proposed to be included in the district, the proposed ordinance, and the self-help business
district plan shall be mailed to all known owners of nonexempt real property located within
the geographical area proposed to be included in the district by the municipality. The notice
shall be mailed to all known owners of nonexempt real property at the address listed in the
county property tax assessment records. In addition, a copy of the notice shall be posted
in at least three places located within the geographical area proposed to be included in the
district. A property owner's failure to receive a copy of the notice shall not constitute
grounds to contest the validity of a self-help business improvement...
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9-9-21
Section 9-9-21 Right of condemnation. The power of eminent domain is hereby conferred, and
such land, easements or rights-of-way within or outside the district which are necessary to
carry out the purposes of the district may be condemned. Nothing in this article shall be
construed to authorize the acquisition by eminent domain of any real property or rights owned
or controlled by railroads or utilities, both public and private. The right of condemnation
hereby conferred shall be exercised by application to the court of probate of the county in
which the lands over which such right-of-way or outlet is desired or a material portion thereof
are situated, and the same proceedings shall be had as in cases of condemnation of lands under
the right of eminent domain, and such damages as may be awarded as compensation shall be paid
by the board of water management commissioners out of the first funds which shall be available
from the proceeds of the sale of bonds or otherwise. (Acts 1965, No....
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11-54B-13
Section 11-54B-13 Retention of municipal police powers. Notwithstanding the improvement of
any street or sidewalk incident to a self-help business improvement district, a municipality
and its governing body shall retain its police powers and other rights and powers relating
to the street or part thereof constituting or included in a self-help business improvement
district, and no such action shall be interpreted or construed to be a vacation, in whole
or in part, of any municipal street or part thereof, it being intended that the establishment
of a self-help business improvement district pursuant to this article is a matter of a regulation
only. (Acts 1994, No. 94-677, §13.)...
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11-54B-52
Section 11-54B-52 Retention of municipal police powers. Notwithstanding the improvement of
any street or sidewalk incident to a self-help business improvement district, the municipality
and its governing body shall retain its police powers and other rights and powers relating
to any streets or parts thereof constituting or included in a self-help business improvement
district, and no action shall be interpreted or construed to be a vacation, in whole or in
part, of any municipal street or part thereof, it being intended that the establishment of
a self-help business improvement district pursuant to this article is a matter of regulation
only. (Act 2004-382, p. 626, §13.)...
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11-54B-6
Section 11-54B-6 Mailing of proposed ordinance and notice of hearing. At least twenty (20)
days prior to the date set for a public hearing on the proposed self-help business improvement
district plan, notice of the date, time and place of the hearing, with a description of the
geographical area proposed to be included in the district, the proposed ordinance, and the
self-help business improvement district plan shall be mailed to all known owners of real property
located within the geographical area proposed to be included in the district. Such notice
shall be mailed to all known owners of such real property at the address listed in the county
property tax assessment records. In addition, a copy of such notice shall be posted in at
least three (3) places located within the geographical area proposed to be included in the
district. A property owner's failure to receive a copy of such notice shall not constitute
grounds upon which such owner may contest the validity of a self-help...
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11-54B-17
Section 11-54B-17 Operation in other designated project areas. This article shall not prohibit
a municipality from including a self-help business improvement district within the bounds
of any area, district, or zone including enterprise zones established pursuant to law which
has as one of its purposes the encouragement of the construction of improvements or the rehabilitation
of properties located within those boundaries, or the inducement of private enterprises to
locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special
public financing arrangements. (Acts 1994, No. 94-677, §17.)...
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11-54B-56
Section 11-54B-56 Operation in other designated project areas. This article shall not prohibit
a municipality from including a self-help business improvement district within the bounds
of any area, district, or zone including any enterprise zone established pursuant to law which
has as one of its purposes the encouragement of the construction of improvements or the rehabilitation
of properties located within those boundaries, or the inducement of private enterprises to
locate within those boundaries, whether by tax credits, exemptions, or abatements, or by special
public financing arrangements. (Act 2004-382, p. 626, §17.)...
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11-54B-15
Section 11-54B-15 Furniture, structure of facility not deemed nuisance. Any movable furniture,
structure, facility, or appurtenance or activity located or permitted in connection with a
self-help business improvement district shall not, by reason of such location or use, be deemed
a nuisance or unlawful obstruction or condition, notwithstanding any rule or regulation or
principle of negligence law pertaining to the use of public streets and highways and neither
the municipality nor any user acting under permit shall be liable for any injury to person
or property, unless such furniture, structure, facility or use shall be negligently constructed,
maintained, or operated. (Acts 1994, No. 94-677, §15.)...
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