reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-4.1. Leasing Agents; Compliance With Chapter; Procedure in Lease Without Option to Purchase

Sec. 4.1. (a) A leasing agent who wants to lease a structure or transportation project must comply with this chapter. A leasing agent who wants to lease a system must comply with this chapter or IC 5-22.
(b) A leasing agent who enters into a lease under this section without an option to purchase must follow the procedure prescribed by section 5 of this chapter.
As added by P.L.1-1990, SEC.357. Amended by P.L.49-1997, SEC.68.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-5. Leases Without Option to Purchase; Procedure

Sec. 5. Notwithstanding sections 6, 12, 16, and 17 of this chapter, the following procedure shall be followed whenever a lease does not contain an option to purchase:
(1) The lease must provide that the lease is subject to annual appropriation by the appropriate fiscal body.
(2) The leasing agent must have a copy of the lease filed and kept in a place available for public inspection.
A leasing agent may lease part of a structure.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.131-1984, SEC.4; P.L.330-1985, SEC.1; P.L.90-2002, SEC.462; P.L.174-2022, SEC.68.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-6. Limitation on Term of Lease

Sec. 6. A leasing agent may not enter into a lease for a period of more than fifty (50) years.
[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]
As added by Acts 1981, P.L.57, SEC.36.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-7. Lease of a Structure, Transportation System, or System by a Political Subdivision Other Than a School Corporation

Sec. 7. (a) As used in this section, "threshold amount" means two hundred fifty thousand dollars ($250,000).
(b) This section does not apply if the total annual cost of the lease is less than the threshold amount.
(c) A leasing agent for a political subdivision, other than a school corporation, may not lease a structure, transportation project, or system unless:
(1) the leasing agent receives a petition signed by fifty (50) or more taxpayers of the political subdivision or agency; and
(2) the fiscal body of the political subdivision determines, after investigation, that the structure, transportation project, or system is needed.
[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.330-1985, SEC.2; P.L.37-1988, SEC.12; P.L.343-1989(ss), SEC.15; P.L.233-2015, SEC.329; P.L.257-2019, SEC.95.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-7.5. Lease of a Structure, Transportation System, or System by a School Corporation

Sec. 7.5. (a) This section applies only to a school corporation.
(b) A leasing agent may not lease a structure, transportation project, or system unless the governing body of the school corporation determines, after investigation, that the structure, transportation project, or system is needed.
As added by P.L.257-2019, SEC.96.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-8. Joint Leasing

Sec. 8. (a) If two (2) or more leasing agents propose to enter into a lease jointly, joint meetings of the leasing agents may be held. However, joint leasing must be approved by each leasing agent's fiscal body.
(b) A lease executed by two (2) or more leasing agents as joint lessees must set out the amount of the total rental to be paid by each. A lessee has no right of occupancy or use of the transportation project or system until the total rental is paid as stipulated by the contract.
[Pre-Local Government Recodification Citation: 18-5-3.3-1 part.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.13; P.L.343-1989(ss), SEC.16.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-9. Leases; Terms and Conditions; Options to Renew or Purchase; Exercise of Option to Purchase

Sec. 9. (a) The lease may provide that the leasing agent has an option to renew the lease for a further term or to purchase the property. The terms and conditions of the purchase must be specified in the lease.
(b) Whenever the leasing agent exercises an option to purchase the property, then the political subdivision or agency may issue and sell bonds for the purpose of procuring money to pay the purchase price. If the leasing agent does not exercise an option to purchase the property, then upon the expiration of the lease and upon full performance by the leasing agent, the property becomes the absolute property of the political subdivision or agency. The lessor shall convey title to the political subdivision or agency.
[Pre-Local Government Recodification Citation: 18-5-3.3-3.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.74-1987, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-10. Plans, Specifications, and Estimates for Structures, Systems, and Transportation Projects

Sec. 10. (a) A lessor proposing to build, acquire, improve, remodel, or expand a structure for lease to a political subdivision or agency shall submit plans, specifications, and estimates to the leasing agent before executing a lease. The leasing agent shall submit the plans and specifications to the department of homeland security or the state building commissioner, and other agencies designated by law.
(b) A lessor proposing to acquire a transportation project or system may enter into a lease without submitting plans, designs, or specifications to any political subdivision or agency. However, before the execution of the lease, the lessor must submit to the lessee or lessees an estimate of the cost and a description of the transportation project or system.
[Pre-Local Government Recodification Citation: 18-5-3.3-4.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.8-1984, SEC.122; P.L.37-1988, SEC.14; P.L.188-1988, SEC.1; P.L.343-1989(ss), SEC.17; P.L.1-2006, SEC.552; P.L.218-2014, SEC.19; P.L.187-2021, SEC.136.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-11. Property Held in Fee Simple; Sale Procedure

Sec. 11. (a) The lessor must hold in fee simple land on which a structure is to be erected, acquired, improved, remodeled, or expanded. The lessor must hold in fee simple a structure that is to be acquired, improved, remodeled, or expanded.
(b) The leasing agent may sell land or a structure owned by the political subdivision or agency to the lessor under the following procedure if the political subdivision wants to lease a structure proposed to be built, acquired, improved, remodeled, or expanded on that land:
(1) The leasing agent shall appoint two (2) appraisers to appraise the fair market value of the land or structure.
(2) The appraisers must be professionally engaged in making appraisals or licensed under IC 25-34.1.
(3) The appraisers shall return their appraisal to the leasing agent within two (2) weeks after the date of their appointment.
(4) The leasing agent shall sell the land or structure for not less than the appraised value. However, if the political subdivision or agency acquired the land or structure during the three (3) years preceding the date of the appointment of the appraisers, the land or structure may not be sold for an amount less than the amount paid by the political subdivision or agency for the land or structure.
(5) The leasing agent shall be paid in cash upon the agent's delivery of the deed.
(6) The leasing agent is not required to comply with any other law relating to the sale of land or structures by a political subdivision.
[Pre-Local Government Recodification Citation: 18-5-3.3-8.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.188-1988, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-12. Lease in Anticipation of Acquisition or Construction of Structure, System, or Transportation Project

Sec. 12. (a) The leasing agent may, in anticipation of the acquisition of a site on which a structure is to be constructed, acquired, improved, remodeled, or expanded, enter into a contract to lease a structure from the lessor before the actual acquisition of the site and the construction, acquisition, improvement, remodeling, or expansion of the structure. The lease may not provide for payment of any rental by the leasing agent if a new structure is to be constructed until it is complete and ready for occupancy. However, the lease may provide for payment of lease rental for any part of the structure to be used by the political subdivision or its agency for any period during improvement, remodeling, or expansion of the structure.
(b) A leasing agent may, in anticipation of the acquisition of a system, enter into a lease with the lessor before the completion of the acquisition. A leasing agent may, in anticipation of the acquisition or construction of a transportation project, enter into a lease with the lessor before the completion of construction or acquisition. Such a lease must require the payment of lease rental by the lessee or lessees to begin when acquisition of the system, or a discrete, functional part of the system, or acquisition or construction of the transportation project, has been completed and is ready for use, but not before that time. An opinion or report of an independent expert that the system, or a discrete, functional part of the system, or a transportation project is complete and ready for use is conclusive and binding on all parties and on all taxpayers of an eligible entity.
(c) The lease may provide that the leasing agent shall pay all taxes and assessments, maintain insurance for the benefit of the lessor, and assume all responsibilities for repair and alterations during the term of the lease.
(d) The leasing agent may require the lessor, as a condition of entering into a lease, to furnish a bond guaranteeing the lease in an amount specified by the leasing agent.
[Pre-Local Government Recodification Citations: 18-5-3.3-5; 18-5-3.3-6.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.74-1987, SEC.19; P.L.37-1988, SEC.15; P.L.188-1988, SEC.3; P.L.343-1989(ss), SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-13. Hearing; Procedure; Execution of Lease

Sec. 13. (a) After the leasing agent and the lessor have agreed upon the terms and conditions of the lease but before the execution of the lease, the leasing agent shall publish notice, in accordance with IC 5-3-1, of a public hearing to be held before the leasing agent. The cost of the publication of the notice shall be paid by the lessor. Notice of the hearing must be given at least ten (10) days before the hearing is held.
(b) The notice must state the date, place, and hour of the hearing and provide a summary of the principal terms of the lease. Additionally, the notice must contain the name of the proposed lessor, the location and character of the structure, transportation project, or system to be leased, the rental to be paid, and the number of years the lease is to be in effect.
(c) The proposed lease, drawings, plans, specifications, and estimates for the structure, or description and cost estimate of the transportation project or system, are open to public inspection during the ten (10) day period and at the hearing.
(d) All persons are entitled to be heard at the hearing as to whether the execution of the lease is necessary and whether the rental is fair and reasonable for the proposed structure or system. After the hearing, which may be adjourned from time to time, the leasing agent may modify, confirm, or rescind the proposed lease, but the rental as set out in the published notice may not be increased. The leasing agent may rely on the testimony of independent experts as to the fairness and reasonableness of the lease.
(e) If the execution of the lease as originally agreed upon or as modified is authorized by the leasing agent, the leasing agent shall give notice of the execution of the lease by publication in accordance with IC 5-3-1.
[Pre-Local Government Recodification Citation: 18-5-3.3-7 part.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.74-1987, SEC.20; P.L.37-1988, SEC.16; P.L.343-1989(ss), SEC.19; P.L.25-1995, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-14. Disagreement With Execution of Lease; Petition; Hearing; Decision

Sec. 14. (a) As used in this section, "threshold amount" has the meaning set forth in section 7 of this chapter.
(b) This section does not apply if the total annual cost of the lease is less than the threshold amount.
(c) If lease rentals are payable, in whole or in part, from property taxes, ten (10) or more taxpayers in the political subdivision who disagree with the execution of a lease under this chapter may file a petition in the office of the county auditor of the county in which the leasing agent is located, within thirty (30) days after publication of notice of the execution of the lease. The petition must state the taxpayer's objections and the reasons why the lease is unnecessary or unwise.
(d) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) nor more than thirty (30) days after the receipt of the certified documents.
(e) The hearing may be held in the county where the petition arose or through electronic means.
(f) Notice of the hearing shall be given by the department of local government finance to the leasing agent and to the first ten (10) taxpayer petitioners listed on the petition by a letter signed by the commissioner or deputy commissioner of the department. The letter shall be sent to the first ten (10) taxpayer petitioners at their usual place of residence at least five (5) days before the date of the hearing. The decision by the department of local government finance on the objections presented in the petition is final.
[Pre-Local Government Recodification Citation: 18-5-3.3-7 part.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.17; P.L.90-2002, SEC.463; P.L.257-2019, SEC.97; P.L.38-2021, SEC.80.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-15. Actions to Contest Validity of Lease or to Enjoin Performance Under Lease

Sec. 15. An action to contest the validity of a lease under this chapter, or to enjoin performance under the lease, must be brought within thirty (30) days after publication of notice of the execution of the lease by the leasing agent or, if an appeal has been taken to the department of local government finance, then within thirty (30) days after the decision of the department.
[Pre-Local Government Recodification Citation: 18-5-3.3-7 part.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.90-2002, SEC.464.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-16. Conveyance of Structure to Lessor and Lease Back; Purchase Price; Option to Purchase

Sec. 16. (a) A political subdivision or agency owning a structure with respect to which its revenue bonds are outstanding may, to refinance those bonds, convey the structure to the lessor in fee simple and lease it from the lessor in accordance with this chapter.
(b) The price of a purchase under this section must be at least the sum of:
(1) the principal amount of the outstanding revenue bonds;
(2) interest on those bonds to the maturity date of bonds not subject to redemption before maturity and to the first redemption date of bonds subject to redemption before maturity; and
(3) the redemption premiums on all bonds subject to redemption before maturity.
An amount not less than this sum shall be deposited in trust for the payment of the outstanding revenue bonds in a manner consistent with the ordinance or trust agreement under which the bonds were issued. The money deposited in the trust, and investment income from it, not required for the payment of the bonds, shall be applied to the payment of the obligations issued by the lessor for the acquisition of the structure, and to a corresponding reduction of rentals for the leasing agent.
(c) Each lease entered into under this section must include an option permitting the political subdivision or agency to purchase the structure at a price not exceeding the amount required to retire all outstanding obligations issued by the lessor to acquire the property covered by the lease. The lease and sale of a parking facility under this section does not preclude the lease of air rights.
[Pre-Local Government Recodification Citation: 18-5-3.3-8.5.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.90-2002, SEC.465; P.L.174-2022, SEC.69.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-17. Annual Appropriation and Tax Levy

Sec. 17. (a) A political subdivision or agency that executes a lease under this chapter shall, subject to subsection (d), make an annual appropriation and tax levy at a rate to provide sufficient money to pay the rental payable from property taxes stipulated in the lease.
(b) The appropriation and levy are subject to review by other bodies that have the authority to ascertain that the levy is sufficient to raise the amount required to pay the rental payable from property taxes under the lease.
(c) The appropriation and levy may be reduced in any year to the extent other money or any reimbursement under IC 36-7-14-39 are pledged or available for the payment of the lease rental.
(d) A political subdivision or agency that executes a lease for a transportation project may only levy a tax under this section for an amount necessary to restore debt service reserve funds and may not levy a tax for lease rental payments.
[Pre-Local Government Recodification Citation: 18-5-3.3-9.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.18; P.L.343-1989(ss), SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-18. Tax Exemption of Leased Structures, Systems, and Transportation Projects; Taxation of Rental Paid Lessor

Sec. 18. Structures, transportation projects, and systems leased by a lessor contracting with the political subdivision or agency under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of a lease is subject to taxation.
[Pre-Local Government Recodification Citation: 18-5-3.3-10.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.19; P.L.343-1989(ss), SEC.21.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-19. Assignment or Conveyance of Lease; Conveyance of Structure, System, or Transportation Project

Sec. 19. A lessor may assign or convey a lease entered into under this chapter to any other person as set forth in the lease. A lessor may convey the structures, transportation projects, or system to any person. However, an assignment or conveyance under this section does not affect the terms and conditions of the lease.
[Pre-Local Government Recodification Citation: 18-5-3.3-12.]
As added by Acts 1981, P.L.57, SEC.36. Amended by P.L.37-1988, SEC.20; P.L.343-1989(ss), SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-21. Not-for-Profit Corporations; Issuance and Sale of Bonds and Other Securities

Sec. 21. (a) A not-for-profit corporation qualifying as a lessor corporation under this chapter may issue and sell bonds and other securities. Mortgage bonds issued by a lessor corporation that are a first lien on the leased property shall be considered legal and proper investments for state banks and trust companies, insurance companies, and fiduciaries.
(b) Bonds issued by a lessor corporation may be sold at a private sale, a negotiated sale, or a public sale. If bonds are sold at public sale, they shall be sold pursuant to IC 5-1-11, but the notice of sale shall be published in the manner required for bonds of the county in which the leased property is or will be located.
(c) Approval of the securities commissioner is not required in connection with the issuance and sale of the bonds.
As added by P.L.2-1989, SEC.23.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10. Leasing and Lease-Purchasing Structures › 36-1-10-22. Certain Leases Legalized and Validated

Sec. 22. (a) This section applies only to a lease that meets all of the following:
(1) The lease was entered into before January 1, 2019.
(2) The total annual cost of the lease is less than two hundred fifty thousand dollars ($250,000).
(3) Any one (1) of the following applies:
(A) The leasing agent did not comply with section 7(a) of this chapter (as in effect before January 1, 2019) before the lease was entered into.
(B) The leasing agent did not comply with section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.
(C) The leasing agent did not comply with both section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.
(b) A lease described in subsection (a) is valid, notwithstanding the failure of the leasing agent to comply with section 7(a) of this chapter (as in effect before January 1, 2019), section 14 of this chapter (as in effect before January 1, 2019), or both section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.
(c) This section does not validate a lease described in subsection (a) for failures to comply with statutory requirements other than those set forth in section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019).
As added by P.L.257-2019, SEC.98.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10.5. Purchase of Land or Structures › 36-1-10.5-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to:
(1) political subdivisions; and
(2) their agencies.
(b) This chapter does not apply to the purchase of:
(1) real property having a total price (including land and structures, if any) of twenty-five thousand dollars ($25,000) or less;
(2) airport land or structures under IC 8-22;
(3) library land or structures under IC 36-12;
(4) school land or structures under IC 20-47;
(5) hospital land or structures by a hospital or health and hospital corporation established and operated under IC 16-22 or IC 16-23;
(6) land or structures acquired for a road or street right-of-way for a federal-aid project funded in any part under 23 U.S.C. 101 et seq.;
(7) land or structures by redevelopment commissions under IC 36-7-14 or IC 36-7-15.1, or redevelopment authorities under IC 36-7-14.5;
(8) land by a municipally owned water utility, if:
(A) the municipally owned water utility has performed or contracted with another party to perform sampling and drilling tests of the land; and
(B) the sampling and drilling tests indicate the land has water resources; or
(9) land or structures acquired for railroad right-of-way or other railroad purposes for a federal aid project funded in any part under 49 U.S.C. 103 et seq.
As added by P.L.336-1987, SEC.1. Amended by P.L.188-1988, SEC.4; P.L.114-1989, SEC.2; P.L.2-1993, SEC.197; P.L.221-1997, SEC.1; P.L.1-2005, SEC.233; P.L.2-2006, SEC.187; P.L.194-2007, SEC.11; P.L.146-2017, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10.5. Purchase of Land or Structures › 36-1-10.5-2. "Parking Facility" Defined

Sec. 2. As used in this chapter, "parking facility" refers to a parking facility as defined in IC 36-9-1.
As added by P.L.336-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10.5. Purchase of Land or Structures › 36-1-10.5-3. "Purchasing Agent" Defined

Sec. 3. As used in this chapter, "purchasing agent" means the board or officer of a political subdivision or agency with the power to purchase land or structures.
As added by P.L.336-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10.5. Purchase of Land or Structures › 36-1-10.5-4. "Structure" Defined

Sec. 4. As used in this chapter, "structure" means:
(1) a building used in connection with the operation of a political subdivision; or
(2) a parking facility.
The term includes the site, equipment, and appurtenances to the building or parking facility.
As added by P.L.336-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10.5. Purchase of Land or Structures › 36-1-10.5-5. Purchase of Land or Structure; Required Procedures

Sec. 5. A purchasing agent shall purchase land or a structure only after compliance with the following procedures:
(1) The fiscal body of the political subdivision shall pass a resolution to the effect that it is interested in making a purchase of specified land or a structure.
(2) The purchasing agent shall appoint two (2) appraisers to appraise the fair market value of the land or structure. The appraisers must be professionally engaged in making appraisals or be trained as an appraiser and licensed as a broker under IC 25-34.1.
(3) The appraisers shall return their separate appraisals to the purchasing agent within thirty (30) days after the date of their appointment. The purchasing agent shall keep the appraisals on file in the purchasing agent's office for five (5) years after they are given to the purchasing agent.
(4) The purchasing agent shall give a copy of both appraisals to the fiscal body.
As added by P.L.336-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 10.5. Purchase of Land or Structures › 36-1-10.5-6. Limitation on Purchase Price

Sec. 6. A purchasing agent may not purchase any land or structure for a price greater than the average of the two (2) appraisals received under section 5 of this chapter.
As added by P.L.336-1987, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-2. Definitions

Sec. 2. The following definitions apply throughout this chapter:
(1) "Disposal" means sale, exchange, transfer, or lease of property.
(2) "Disposing agent" means the board or officer of a political subdivision or agency having the power to award contracts for which public notice is required, with respect to property of the political subdivision or agency.
(3) "Key number" has the meaning set forth in IC 6-1.1-1-8.5.
(4) "Operating agreement" has the meaning set forth in IC 5-23-2-7.
(5) "Person" means any association, corporation, limited liability company, fiduciary, individual, joint venture, partnership, sole proprietorship, or any other legal entity.
(6) "Property" means all fixtures and real property to be included in a disposal.
(7) "Tract" has the meaning set forth in IC 6-1.1-1-22.5.
[Pre-Local Government Recodification Citations: 17-2-47-8 part; 17-4-15-1 part; 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.23; P.L.82-1995, SEC.8; P.L.49-1997, SEC.70.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-3. Approval

Sec. 3. (a) This section does not apply to the disposal of real property under section 5, 5.5, 5.9, 8, or 18 of this chapter.
(b) Disposal of real property under this chapter is subject to the approval of:
(1) the executive of the political subdivision or agency; or
(2) the fiscal body of the political subdivision or agency, if there is no executive.
The executive or fiscal body may not approve a disposal of property without conducting a public hearing after giving notice under IC 5-3-1. However, in a municipality the executive shall designate a board or commission of the municipality to give notice, conduct the hearing, and notify the executive of its recommendation.
(c) Except as provided in section 3.2 of this chapter, in addition, the fiscal body of a unit must approve the following:
(1) Every sale of real property that has an appraised value of at least:
(A) except as provided in clause (B) and subsection (d), fifty thousand dollars ($50,000); or
(B) an amount greater than fifty thousand dollars ($50,000) that is specified in an ordinance or a resolution adopted by the fiscal body of the unit under subsection (d).
(2) Every lease of real property for which the total annual rental payments will be twenty-five thousand dollars ($25,000) or more.
(3) Every transfer of real property under section 14 or 15 of this chapter.
(d) The fiscal body of a unit may adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a township) to increase the threshold that applies under subsection (c)(1) to an amount greater than fifty thousand dollars ($50,000).
[Pre-Local Government Recodification Citations: 17-2-47-8 part; 17-4-15-1 part; 18-4-5-6 part; 19-6-2-38 part.]
As added by Acts 1981, P.L.57, SEC.37. Amended by Acts 1982, P.L.208, SEC.2; P.L.331-1985, SEC.1; P.L.330-1985, SEC.3; P.L.35-1990, SEC.43; P.L.82-1995, SEC.9; P.L.124-1998, SEC.11; P.L.27-2008, SEC.1; P.L.257-2013, SEC.40; P.L.28-2017, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-3.1. Sale of Residential Real Property; Disapproval

Sec. 3.1. (a) In addition to any other reason for disapproving a disposal of property under section 3 of this chapter, the executive of a consolidated city may disapprove a sale of a tract of residential property to any bidder who does not by affidavit declare that:
(1) the bidder will reside on that property for at least one (1) year after the bidder obtains possession of it; and
(2) the bidder is eligible to purchase the property under section 16 of this chapter.
(b) When the executive exercises disapproval under this section, the property may be sold to the highest bidder who also presents an affidavit declaring that:
(1) the bidder will reside on that property for a one (1) year period after the bidder obtains possession; and
(2) the bidder is eligible to purchase the property under section 16 of this chapter.
As added by Acts 1981, P.L.306, SEC.1. Amended by P.L.60-1988, SEC.24.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-3.2. Approval of Sale, Lease, or Transfer of Real Property in Certain Cities

Sec. 3.2. (a) This section applies to the following cities:
(1) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).
(2) A city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).
(3) A city having a population of more than seventy-five thousand (75,000) and less than seventy-nine thousand (79,000).
(b) Notwithstanding section 3(c) of this chapter, the fiscal body of a city must approve:
(1) every sale of real property having an appraised value of ten thousand dollars ($10,000) or more;
(2) every lease of real property for which the total annual rental payments will be five thousand dollars ($5,000) or more; and
(3) every transfer of real property under section 14 or 15 of this chapter.
As added by P.L.124-1998, SEC.12. Amended by P.L.170-2002, SEC.138; P.L.119-2012, SEC.177; P.L.104-2022, SEC.142.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-4.1. Sale or Transfer of Real Property, Including Provision for Leaseback; Notice; Bids

Sec. 4.1. (a) This section applies to a disposing agent who wants to sell or transfer real property, and as a condition of sale, includes a provision for a leaseback or leaseback with option to repurchase.
(b) The disposing agent shall publish notice in accordance with IC 5-3-1 setting forth the terms and conditions of the sale. The notice must state the following:
(1) Bids will be received beginning on a specific date.
(2) The sale will continue from day to day for a period determined by the disposing agent of not more than sixty (60) days.
(3) The property may not be sold or transferred to a person who is ineligible under section 16 of this chapter.
(4) A bid 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.
(c) A bid must be open to public inspection.
(d) After the period for receiving bids has expired, a disposing agent may sell the property to the highest and best eligible bidder. The highest and best eligible bidder must have complied with any requirement under subsection (b)(4).
(e) IC 36-1-10 does not apply to this section.
As added by Acts 1982, P.L.208, SEC.4. Amended by P.L.60-1988, SEC.26; P.L.336-1989(ss), SEC.46.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-4.2. Sale or Transfer of Real Property Not Acquired Through Eminent Domain to Promote an Economic Development Project or Facilitate Compatible Land Use Planning

Sec. 4.2. (a) This section applies to a disposing agent who wants to sell or transfer real property not acquired through eminent domain procedures for any of the following purposes:
(1) To promote an economic development project.
(2) To facilitate compatible land use planning.
(b) The disposing agent shall first have the property appraised by two (2) appraisers. The appraisers must be:
(1) professionally engaged in making appraisals;
(2) licensed under IC 25-34.1; or
(3) employees of the political subdivision familiar with the value of the property.
(c) Subject to subsection (d), the disposing agent may:
(1) negotiate a sale or transfer; and
(2) dispose of the real property;
at a value that is not less than the average of the two (2) appraisals under subsection (b).
(d) The disposing agent may dispose of the real property for a value that is not less than the average of the two (2) appraisals under subsection (b) only after publishing a notice in accordance with IC 5-3-1 stating the amount of the offer to be accepted. The disposing agent may reject all offers. If the disposing agent rejects all offers, the disposing agent must make a written determination to reject all offers explaining why all offers were rejected.
As added by P.L.165-1994, SEC.3. Amended by P.L.188-2011, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-4.3. Public Easement or Right-of-Way

Sec. 4.3. Notwithstanding any provision of this chapter, a sale or transfer under this chapter of property constituting a public easement or right of way does not deprive a public utility of the use of all or part of the public easement or right of way that is sold or transferred if, at the time of the sale or transfer, the public utility is occupying and using all or part of that public easement or right of way for the location and operation of its facilities.
As added by P.L.188-2011, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-5.5. School Corporations; Sale or Transfer of Real Property or Tangible or Intangible Personal Property or Licenses

Sec. 5.5. Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a school corporation may sell or transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property or licenses that are used in, or related to, the operation of a radio station by a school corporation;
for no compensation or a nominal fee to a not-for-profit corporation created for educational or recreational purposes unless the corporation is subject to section 16 of this chapter.
As added by Acts 1982, P.L.208, SEC.5. Amended by P.L.215-1986, SEC.1; P.L.60-1988, SEC.28; P.L.342-1989(ss), SEC.36; P.L.165-1994, SEC.5; P.L.49-1997, SEC.71.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-5.6. Sale or Transfer of Property to a Nonprofit Corporation

Sec. 5.6. Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a county may sell or transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property;
for no compensation or a nominal fee to a nonprofit corporation created for agricultural, educational, or recreational purposes.
As added by P.L.10-2001, SEC.1. Amended by P.L.170-2002, SEC.139; P.L.119-2012, SEC.178; P.L.247-2015, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-5.7. Sale or Transfer of Real Property or Tangible or Intangible Personal Property or Licenses to Volunteer Fire Department, Fire Protection District, or Fire Protection Territory

Sec. 5.7. (a) As used in this section, "fire department" refers to any of the following:
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) The provider unit of a fire protection territory established under IC 36-8-19.
(b) Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a political subdivision may sell or transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property or licenses;
without consideration or for a nominal consideration to a fire department for construction of a fire station or other purposes related to firefighting.
As added by P.L.188-2007, SEC.3. Amended by P.L.128-2008, SEC.6.
2023 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.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-6. Repealed

[Pre-Local Government Recodification Citations: 17-2-47-8 part; 18-4-5-6 part; 18-6-11-5 part; 18-6-11-6 part.]
As added by Acts 1981, P.L.57, SEC.37. Amended by P.L.32-1983, SEC.11; P.L.215-1986, SEC.2; P.L.214-1989, SEC.6; P.L.218-1991, SEC.3; P.L.253-1993, SEC.1; P.L.311-1995, SEC.1. Repealed by P.L.49-1997, SEC.86.
2023 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.
2023 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.
2023 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.
2023 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.