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Home » US Law » 2022 Indiana Code » Title 36. Local Government » Article 1. General Provisions » Chapter 11. Disposal of Real or Personal Property

36-1-11-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to the disposal of property by: (1) political subdivisions; and (2) agencies of political subdivisions. (b) This chapter does not apply to the following: (1) The disposal of property under an urban homesteading program under IC 36-7-17 or IC 36-7-17.1. (2) The lease […]

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 […]

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 […]

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 […]

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 […]

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.

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]