reglab/housing_qa huggingface dataset:
IN Code § 36-1-11-5.9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-5.9. Sale or Transfer of Real Property Acquired by Tax Default; Rights of Abutting Landowners; Procedures

Sec. 5.9. (a) As used in this section, "abutting landowner" has the meaning set forth in section 5(a) of this chapter.(b) As used in this section, "real property acquired by tax default" means the following:(1) Real property for which a county holds a tax deed issued under IC 6-1.1-25.(2) Real property acquired by a political subdivision from a county under section 8 of this chapter if at the time of transfer the county held a tax deed issued under IC 6-1.1-25 for the real property.(c) Notwithstanding sections 4, 4.1, 4.2, and 5 of this chapter, and subject to the procedures described in subsections (d) and (e), a disposing agent of a political subdivision may sell or transfer real property acquired by tax default without consideration or for a nominal consideration to an abutting landowner.(d) A disposing agent who desires to transfer real property acquired by tax default to an abutting landowner shall send notice by certified mail to all abutting landowners. The notice must identify the tracts intended for sale by legal description and, if possible, by key number and street address. The notice must also include a statement that:(1) the disposing agent is authorized to transfer the property for no consideration or for nominal consideration;(2) the property may not be sold to a person who is ineligible under section 16 of this chapter; and(3) an offer to purchase the property submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:(A) beneficiary of the trust; and(B) settlor empowered to revoke or modify the trust.(e) Not earlier than fourteen (14) days after a disposing agent sends the notice described in subsection (d) to the abutting landowners of a tract, the disposing agent shall conduct the negotiation and sale of the tract under this section as follows:(1) If only one (1) eligible abutting landowner makes an offer to purchase the tract, then subject to section 16 of this chapter and without appraisal or further notice, the disposing agent shall offer to negotiate for the sale of the tract with that abutting landowner.(2) If more than one (1) eligible abutting landowner submits an offer to purchase the tract, the other eligible abutting landowners who submit offers shall be informed of the highest offer received and be given an opportunity to submit one (1) additional offer. The tract shall be sold to the eligible abutting landowner who submits the highest offer for the tract and who complies with any requirement under subsection (d)(3).As added by P.L.27-2008, SEC.3.
IN Code § 36-1-11-7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-7. Exchange of Property With Persons Other Than Governmental Entity; Procedure

Sec. 7. (a) A disposing agent who exchanges property must proceed under this section, except as permitted by section 8 or 18 of this chapter.(b) An exchange may be made with a person who is:(1) not a governmental entity; and(2) eligible under section 16 of this chapter;only after advertisement following as nearly as practical the procedure prescribed by section 4 of this chapter, with the property the disposing agent conveys to be partial or full payment for the property the disposing agent receives.[Pre-Local Government Recodification Citations: 18-4-5-6 part; 19-6-2-38 part.]As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.29; P.L.257-2013, SEC.42.
IN Code § 36-1-11-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-8. Exchange of Property With Governmental Entity

Sec. 8. A transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity. Such a transfer may be made for any amount of real property, cash, or other personal property, as agreed upon by the entities.[Pre-Local Government Recodification Citations: 18-4-5-6 part; 18-6-11-5 part; 18-6-11-6 part; 19-6-2-38 part.]As added by Acts 1981, P.L.57, SEC.37.
IN Code § 36-1-11-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-9. Trade or Exchange as Part of Purchase Price of New Property

Sec. 9. Whenever a disposing agent purchases new property with a condition that property of a similar nature is to be traded in or exchanged as part of the purchase and in reduction of the purchase price, the exchange or trade-in may be made without compliance with section 7 of this chapter but must comply with section 16 of this chapter.[Pre-Local Government Recodification Citation: 18-4-5-6 part.]As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.30.
IN Code § 36-1-11-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-10. Lease of Property; Procedure

Sec. 10. (a) A disposing agent may lease property rather than sell, transfer, or exchange it under this chapter only if the disposing agent determines that a lease rather than a sale, transfer, or exchange would be in the best interest of the disposing agent's political subdivision or agency and the public. Except as provided in section 12 of this chapter, the disposing agent must proceed under this section in leasing property.(b) The disposing agent shall first have the property appraised in the manner prescribed in section 4(b) of this chapter, except that the appraisers shall determine the fair market rental value of the property.(c) The disposing agent shall receive bids in the manner prescribed in section 4 of this chapter and lease the property to the highest and best bidder. The disposing agent may reject all bids. If the disposing agent rejects all bids, the disposing agent must make a written determination to reject all bids explaining why all bids were rejected.(d) The disposing agent shall determine the terms and conditions of any lease under this section, which may include options to renew and options to purchase. The property may not be leased to a person who is ineligible under section 16 of this chapter.(e) The terms of a lease with option to purchase may provide that all or part of the rental payments under the lease apply to the purchase price. The purchase price must be equal to at least the minimum sale price determined under section 4(f) of this chapter.(f) Property owned by a political subdivision or agency may be leased for a term longer than three (3) years if the lease is approved by the fiscal body of the political subdivision.(g) The disposing agent may lease the real property under this section for a value that is less than ninety percent (90%) of the appraised fair market rental value as determined by the average of the two (2) appraisals under section 4(b) of this chapter only after publishing an additional notice in accordance with IC 5-3-1, stating the amount of the bid to be accepted. If the disposing agent rejects all bids, the disposing agent must make a written determination to reject all bids explaining why all bids were rejected.[Pre-Local Government Recodification Citations: 17-1-14-11 part; 18-4-5-6 part.]As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.339-1983, SEC.1; P.L.60-1988, SEC.31; P.L.188-2011, SEC.5.
IN Code § 36-1-11-10.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-10.5. Lease of a Parkway Strip, Sidewalk, Tree Row, or Verge

Sec. 10.5. (a) This section applies only to property owned by a political subdivision that fronts and abuts real property assessed as commercial land under the real property assessment rules and guidelines of the department of local government finance. A disposing agent may proceed under this section in leasing the property.(b) As used in this section, "property of the political subdivision" means real property owned by a political subdivision that extends from the curb or edge of a public street or roadway to the front of commercial property owned by a person. The term includes the following:(1) A parkway strip, tree row, or verge.(2) A sidewalk.(c) A political subdivision may, by ordinance or resolution, authorize the lease of property of the political subdivision to the owner or property manager of the commercial property that abuts or fronts on the property:(1) upon such terms as are agreed to between the political subdivision and the property owner or property manager, subject to subsection (d); and(2) without competitive bidding.(d) The following apply to a lease executed under this section:(1) A lease may include an option to renew.(2) A lease may not include an option to purchase.(3) The property may not be leased to a person who is ineligible under section 16 of this chapter.(4) Property owned by a political subdivision may be leased for a term longer than three (3) years, if the lease is approved by the fiscal body of the political subdivision.(5) Upon execution of the lease, the property owner or property manager shall be responsible for the maintenance, control, and supervision of the property of the political subdivision, subject to the public's right to use a sidewalk on the property of the political subdivision as a walkway.(6) The lessee shall assume the liability of the political subdivision for personal injuries and property damage to third parties occurring on the property during the lease period. A lease shall be conditioned upon the lessee maintaining insurance coverage on the leased property for public liability and property damage in an amount determined sufficient by the political subdivision.(7) The lease must be recorded in the office of the recorder of the county where the property is located.(e) A lease may not be entered into under this section unless the lease is authorized by an ordinance or resolution approved by at least a two-thirds (2/3) vote of the members of the fiscal body of the political subdivision.As added by P.L.65-2020, SEC.1.
IN Code § 36-1-11-11 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-11. Execution of Deed or Other Instrument

Sec. 11. Whenever:(1) there is a dispute concerning the interest in any property of a political subdivision, and the executive considers the dispute not frivolous; or(2) it would facilitate the establishment of title to any property;a deed or other instrument may be executed on behalf of the political subdivision to a person who is eligible to receive the deed or instrument under section 16 of this chapter for any consideration that the disposing agent considers fair and in the public interest.[Pre-Local Government Recodification Citations: 18-4-5-6 part; 19-6-2-38 part.]As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.60-1988, SEC.32.
IN Code § 36-1-11-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-12. Lease of Property; Alternative Procedure

Sec. 12. The following procedure may be used instead of that in section 10 of this chapter if the disposing agent makes a written determination (which must include the disposing agent's reasons) that the use of section 10 of this chapter is not feasible, and authorization to use this procedure is granted by the executive of the political subdivision or agency:(1) Proposals to develop specifications shall be solicited through a request for proposals, which must include all of the following:(A) The factors or criteria that will be used in evaluating the proposals, including a statement that:(i) the property may not be leased to a person who is ineligible under section 16 of this chapter; and(ii) a proposal submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each beneficiary of the trust and each settlor empowered to revoke or modify the trust.(B) A statement concerning the relative importance of price and the other evaluation factors.(C) A statement concerning whether the proposal must be accompanied by a certified check or other evidence of financial responsibility.(D) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.(2) Notice of the request for proposals shall be given by publication in accordance with IC 5-3-1.(3) As provided in the request for proposals, discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements.(4) Eligible offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revisions of proposals.(5) After the procedures outlined in this section have been completed, the disposing agent shall make a determination as to the most appropriate response to the request for proposals and shall dispose of the subject property in accordance with that response.(6) Access to the proposals under this chapter shall be determined in accordance with the provisions of IC 5-23-7.(7) The person submitting the successful proposal is not responsible for the requirements set forth in IC 5-22 with regard to the purchase of supplies if the purchase of supplies was included within the proposal or the supplies are not paid for with public funds.As added by P.L.339-1983, SEC.2. Amended by P.L.60-1988, SEC.33; P.L.336-1989(ss), SEC.48; P.L.82-1995, SEC.10; P.L.49-1997, SEC.72.
IN Code § 36-1-11-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-13. Restrictions on Lease of County-Owned Property

Sec. 13. Notwithstanding any other law, a disposing agent for a county may not lease county-owned property at a rate that deviates more than five percent (5%) from the average square footage rate charged for similar property in that county.As added by P.L.38-1984, SEC.3.
IN Code § 36-1-11-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-14. Gift of Tract; Reconveyance

Sec. 14. If a tract was originally transferred to a political subdivision as a gift and public funds have not been expended to improve the property since the original transfer, the disposing agent may convey it back to the original grantor or the grantor's successors with their consent without consideration upon a determination by the disposing agent that:(1) the property is surplus; and(2) the original grantor or the grantor's successors are eligible to receive the tract under section 16 of this chapter.As added by P.L.331-1985, SEC.3. Amended by P.L.60-1988, SEC.34.
IN Code § 36-1-11-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-15. Tract Transferred as Gift by Not-for-Profit Corporation or Organization; Reconveyance

Sec. 15. If a tract was originally transferred to a political subdivision as a gift by a not-for-profit corporation or organization, the disposing agent may convey it back to the original grantor or the grantor's successors with their consent without consideration upon a determination by the disposing agent that:(1) the property is surplus; and(2) the original grantor or the grantor's successors are eligible to receive the tract under section 16 of this chapter.As added by P.L.330-1985, SEC.5. Amended by P.L.60-1988, SEC.35.
IN Code § 36-1-11-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-16. Bid, Purchase, Receipt, or Lease of Property by Ineligible Persons; Effect of Ineligibility

Sec. 16. (a) This section applies to the following:(1) A person who owes delinquent taxes, special assessments, penalties, interest, or costs directly attributable to a prior tax sale on a tract of real property listed under IC 6-1.1-24-1.(2) A person who is an agent of the person described in subdivision (1).(3) A person who has any of the following relationships to a person, partnership, corporation, or legal entity described in subdivision (1):(A) A partner of a partnership.(B) A member of a limited liability company.(C) An officer, director, or majority stockholder of a corporation.(D) The person who controls or directs the activities or has a majority ownership in a legal entity other than a partnership or corporation.(b) A person subject to this section may not bid on, purchase, receive, or lease a tract that is offered in a sale, exchange, or lease under this chapter.(c) If a person purchases, receives, or leases a tract that the person was not eligible to purchase, receive, or lease under this section, the sale, transfer, or lease of the property is void and the county retains the interest in the tract it possessed before the sale, transfer, or lease of the tract.As added by P.L.60-1988, SEC.36. Amended by P.L.342-1989(ss), SEC.37; P.L.98-2000, SEC.18; P.L.159-2020, SEC.75.
IN Code § 36-1-11-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-17. Terms of Reconveyance or Return

Sec. 17. If property disposed of under this chapter is to be reconveyed or automatically returned to the political subdivision or an agency of a political subdivision that disposed of the property, the terms of the reconveyance or return shall be as agreed to before the disposal. If the terms of the reconveyance are not set forth before the disposal, the political subdivision shall obtain at least two (2) appraisals and pay not more than the average of the two (2) appraisals.As added by P.L.82-1995, SEC.11.
IN Code § 36-1-11-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 11. Disposal of Real or Personal Property|36-1-11-18. School Corporations in Laporte County; Transfer to Governmental Agency

Sec. 18. (a) This section applies to a school corporation located in LaPorte County.(b) Notwithstanding any other law, a school corporation may transfer real property to any other governmental agency in exchange for services provided to the school corporation.(c) This section constitutes the only authority necessary for a school corporation to make real property available for exchange under this section. A school corporation is not required to apply any additional procedures to an exchange made under this section.As added by P.L.257-2013, SEC.43.
IN Code § 36-1-12-0.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The addition of section 21 of this chapter by P.L.20-1991 applies to public works contracts for which notices calling for sealed proposals for the work are published after June 30, 1991.(2) The amendments made to this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007.As added by P.L.220-2011, SEC.641.
IN Code § 36-1-12-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 1. General Provisions|Chapter 12. Public Work Projects|36-1-12-1. Application of Chapter; Alternatives to Chapter

Sec. 1. (a) Except as provided in this section, this chapter applies to all public work performed or contracted for by:(1) political subdivisions; and(2) their agencies;regardless of whether it is performed on property owned or leased by the political subdivision or agency.(b) This chapter does not apply to an officer or agent who, on behalf of a municipal utility or a conservancy district described in IC 14-33-1-1(a)(4) or IC 14-33-1-1(a)(5), maintains, extends, and installs services of the utility or district if the necessary work is done by the employees of the utility or district.(c) This chapter does not apply to hospitals organized or operated under IC 16-22-1 through IC 16-22-5 or IC 16-23-1, unless the public work is financed in whole or in part with cumulative building fund revenue.(d) This chapter does not apply to tax exempt Indiana nonprofit corporations leasing and operating a city market owned by a political subdivision.(e) As an alternative to this chapter, the governing body of a political subdivision or its agencies may do the following:(1) Enter into a design-build contract as permitted under IC 5-30.(2) Participate in a utility efficiency program or enter into a guaranteed savings contract as permitted under IC 36-1-12.5.(f) This chapter does not apply to a person that has entered into an operating agreement with a political subdivision or an agency of a political subdivision under IC 5-23.(g) This chapter does not apply to the extension or installation of utility infrastructure by a private developer of land if all the following apply:(1) A municipality will acquire for the municipality's municipally owned utility all of the utility infrastructure that is to be extended or installed.(2) Not more than fifty percent (50%) of the total construction costs for the utility infrastructure to be extended or installed, including any increased costs that result from any construction specifications that:(A) are required by the municipality; and(B) specify a greater service capacity for the utility infrastructure than would otherwise be provided for by the private developer;will be paid for out of a public fund or out of a special assessment.(3) The private developer agrees to comply with all local ordinances and engineering standards applicable to the construction, extension, or installation of the utility infrastructure.[Pre-Local Government Recodification Citations: 5-16-1 part; Part new.]As added by Acts 1981, P.L.57, SEC.38. Amended by P.L.182-1985, SEC.16; P.L.214-1989, SEC.7; P.L.24-1993, SEC.5; P.L.2-1993, SEC.199; P.L.1-1994, SEC.173; P.L.82-1995, SEC.12; P.L.49-1997, SEC.73; P.L.168-2006, SEC.2; P.L.71-2009, SEC.4; P.L.99-2009, SEC.3; P.L.1-2010, SEC.145; P.L.91-2017, SEC.9; P.L.177-2021, SEC.14.