2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 11. Disposal of Real or Personal Property › 36-1-11-4. Sale or Transfer of Real Property; Procedure

Sec. 4. (a) A disposing agent who wants to sell or transfer real property must comply with this section, except as permitted by section 4.1, 4.2, 5, 5.5, 5.7, 5.9, 8, 14, 15, or 18 of this chapter.
(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) After the property is appraised, the disposing agent shall determine a minimum bid for the property based on the appraisals and the disposing agent's knowledge of the property, publish a notice in accordance with IC 5-3-1 setting forth the terms and conditions of the sale, including the minimum bid, and, when subsection (e) is employed, may engage an auctioneer licensed under IC 25-6.1 to advertise the sale and to conduct a public auction. The advertising conducted by the auctioneer is in addition to any other notice required by law and shall include a detailed description of the property to be sold stating the key numbers, if any, of the tracts within that property. If the disposing agent determines that the best sale of the property can be made by letting the bidders determine certain conditions of the sale (such as required zoning or soil or drainage conditions) as a prerequisite to purchasing the property, the disposing agent may permit the bidders to specify those conditions. 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 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.
(d) A bid must be open to public inspection. A bidder may raise the bidder's bid, and subject to subsection (e), that raise takes effect after the board has given written notice of that raise to the other bidders.
(e) The disposing agent may also engage an auctioneer licensed under IC 25-6.1 to conduct a sale by public auction. The auction may be conducted either at the time for beginning the sale in accordance with the public notice or after the beginning of the sale. The disposing agent shall give each bidder who has submitted a bid written notice of the time and place of the auction.
(f) The disposing agent may, before expiration of the time set out in the notice, sell the property to the highest and best bidder. The highest and best bidder must have complied with any requirement under subsection (c)(4). 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.
(g) If the disposing agent determines that, in the exercise of good business judgment, the disposing agent should hire a broker or auctioneer to sell the property, the disposing agent may do so and pay the broker or auctioneer a reasonable compensation out of the gross proceeds of the sale. A disposing agent may hire a broker to sell real property directly rather than using the bid process under subsections (c) through (f) if:
(1) in the case of a political subdivision other than a school corporation:
(A) the disposing agent publishes a notice of the determination to hire the broker in accordance with IC 5-3-1; and
(B) the property has been up for bid for at least sixty (60) days before the broker is hired, and either no bids were received or the disposing agent has rejected all bids that were received; or
(2) in the case of a school corporation, the disposing agent publishes a notice of the determination to hire the broker in accordance with IC 5-3-1.
The disposing agent may hire one (1) of the appraisers as the broker or auctioneer.
(h) The following apply if a broker is hired under subsection (g):
(1) The property may not be sold to a person who is ineligible under section 16 of this chapter.
(2) If the property is sold to a trust (as defined in IC 30-4-1-1(a)), the following information must be placed in the public record relating to the sale:
(A) Each beneficiary of the trust.
(B) Each settlor empowered to revoke or modify the trust.
(i) A disposing agent may conduct a public auction under this section solely by electronic means, referred to in this subsection as an electronic sale. A disposing agent that elects to conduct an electronic sale may receive electronic payments and establish policies necessary to secure the payments in a timely fashion. The disposing agent may not charge an additional fee for conducting an electronic sale. If a disposing agent chooses to conduct a public auction as an electronic sale, the notice required by subsection (c) must include a statement declaring this fact.
[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.3; P.L.32-1983, SEC.10; P.L.331-1985, SEC.2; P.L.330-1985, SEC.4; P.L.60-1988, SEC.25; P.L.336-1989(ss), SEC.45; P.L.165-1994, SEC.2; P.L.188-2007, SEC.2; P.L.27-2008, SEC.2; P.L.188-2011, SEC.1; P.L.257-2013, SEC.41; P.L.233-2015, SEC.330; P.L.251-2015, SEC.33.