ILNews

Many efforts arise to address abandoned property, few go forward

Back to TopCommentsE-mailPrintBookmark and Share
Indiana Lawyer Focus

State Sen. Jim Merritt wanted to help an eastside Indianapolis church gain possession of some long-abandoned, derelict houses, tear them down and establish a neighborhood park.

But it turned out there wasn’t much the law allowed the church to do. When Merritt started investigating, he found few avenues existed for neighbors to proactively improve neighborhoods beset by the intractable problems presented by abandoned and neglected properties.

“No one really knew what to do,” said Merritt, R-Indianapolis.

merritt-jim-15col.jpg Sen. Jim Merritt, R-Indianapolis, stands behind vacant houses on North Grant Avenue near East Washington Street in Indianapolis that nearby Tuxedo Park Baptist Church hoped to acquire and demolish for a park. He’s introduced a bill that could help address abandoned properties. (IL Photo/ Perry Reichanadter)

That situation gave rise to Merritt’s Senate Bill 433, one of five proposals introduced in the General Assembly this session to address abandoned property. Merritt’s bill is the only one to advance, though, as bills on the topic from both chambers took a variety of approaches.

Merritt’s bill would give counties tools to transfer properties that have languished through tax sales without a buyer to neighbors, nonprofit organization or others who show a capacity for repairing or maintaining a property.

“It really gives tools to communities that have homes that are not wanted,” Merritt said. “We’re just trying to make sure they can do this in a quality way.”

Marion County has an estimated 8,000 to 10,000 vacant houses, Merritt said, and abandoned property is a drain statewide. “I think all 92 counties have situations where this piece of legislation will come into effect and will help,” he said.

Rep. Vernon Smith, D-Gary, has firsthand experience with the difficulties of eyesore properties. Smith is chairman of the nonprofit African American Achievers Inc., which owns the Glen Theater. Volunteers have repeatedly had to tend to an adjacent property that continually is neglected and overgrown with weeds.

Seeing a larger problem, Smith put forth House Bill 1183. Among its provisions, a person who maintains, repairs or cleans up a neighboring abandoned structure after providing notice to the owner may place a lien on the property for the fair market value of the work not exceeding $10,000.

“What happens in a place like Gary is the city doesn’t (maintain properties), a lack of attention is given to properties adjoining yours, and it takes away from the value of your building,” Smith said. “If you’re trying to take care of your property, it kind of hurts to have something next to you that’s abandoned or neglected.”

abandonedSmith’s bill never had a committee hearing, but neither did other bills dealing with abandoned properties. One stalled measure would have allowed units of government to extinguish mortgage liens on certain abandoned property. Another would have created a state lending program for the purchase and renovation of abandoned residences.

Those proposals represent acknowledgement of a problem that Smith believes should lead to the Legislature using a study committee to look into how to deal with abandoned property. “I think we ought to be about the business of looking for answers, and I don’t think we are,” he said.

Eugene Lausch is an informally retired attorney with more than 40 years of experience with the city of Indianapolis. He helped draft code-enforcement statutes in the 1970s when, at the dawn of Unigov, he headed the Division of Code Enforcement in the Department of Metropolitan Development.

“There’s always been this healthy tension between coming up with innovative, cutting-edge ways of dealing with this problem and balancing that against the constitutional constraints on the range of action that can be taken by government,” Lausch said. He said there’s tension, too, between those who argue for demolition of abandoned homes and those who urge preservation of housing stock.

Business also has a stake in how far lawmakers go. Attorney Tom Havens is government affairs director for the Indiana Builders Association, which supports Merritt’s bill. He said the IBA looks at proposals that extend the reach of government into private property on a case-by-case basis.

“The biggest thing we’re concerned about is that the free market still has a chance to purchase these properties first,” Havens said. Merritt’s bill would do that by establishing a public hearing process as a requirement of transferring property.

“Whatever we can do to make areas better is good for us, good for everybody, I think,” Havens said. “The more people you can get involved in this conversation, the better.”

Merritt said there are other proposals he’d like to consider, such as shortening the redemption period in which an owner can reclaim property after a tax sale. Currently, a property owner has a year to pay off a tax sale lien, but Merritt thinks perhaps six months is sufficient.

“I think there are limits on what the best state law can do in this area,” Lausch said. “You can make the argument that abandoned buildings are signs of an unhealthy community, and that there are a range of things communities can be doing and should be doing to make communities healthy, and when that happens, you won’t have an abandoned building problem. It is a real, and difficult, problem.”•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT