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4-20.5-7-1. Application of Chapter

Sec. 1. (a) This chapter applies to the disposition of state property, with or without consideration. (b) This chapter does not authorize the transfer of property held in trust by the state unless the transfer is consistent with the terms of the trust. (c) Except as provided in IC 8-23-7-15, this chapter does not apply […]

4-20.5-7-10.3. Appraisal of Property Transferred to Public Utility

Sec. 10.3. (a) This section applies only to the transfer of property to a public utility under section 10.5 of this chapter. (b) If property transferred under this section requires an appraisal, the commissioner may do one (1) of the following: (1) Require the public utility to pay for the appraisal. (2) Accept the public […]

4-20.5-7-10.5. Transfer to Public Utility; Consideration

Sec. 10.5. (a) The commissioner may, at the request of an agency head, transfer state property to a public utility (as defined in IC 8-1-2-1(a)) for the purpose of a right-of-way. (b) Consideration for the transfer of property under subsection (a) is as follows: (1) If the transfer is approved by the governor under section […]

4-20.5-7-10.7. Transfer of Property to Person for Property of Like Value

Sec. 10.7. (a) The department may transfer state property to a person in exchange for property of like value transferred by the person to the state: (1) to: (A) settle a dispute relating to either or both of the properties; or (B) improve: (i) the state’s ability to manage state property; or (ii) access to […]

4-20.5-7-11. Sale of Abandoned Railroad Corridor Property; Exception

Sec. 11. (a) Except as provided in subsection (f), the department may sell the property through any of the following: (1) Competitive bids. (2) By auction. (3) By request for proposals. (b) The department may enter into negotiations under this section with the respondent who has made the highest offer only if the negotiations are […]

4-20.5-7-12. Notice of Sale

Sec. 12. (a) The department must give notice of a sale as required by this section. (b) Notice of a sale must satisfy the following: (1) The notice must state the time, place, and terms of the sale. (2) The notice must be published as follows: (A) In accordance with IC 5-3. (B) In every […]

4-20.5-7-13. Bid Procedure

Sec. 13. (a) Bids shall be opened publicly in the presence of at least one (1) witness at the time and place designated in the notice of the sale. (b) Bids shall be: (1) unconditionally accepted without alteration or correction, except as provided in subsections (e) through (g); and (2) evaluated based on the requirements […]

4-20.5-7-14. Auction Procedure

Sec. 14. (a) As used in this section, “auctioneer” refers to an auctioneer licensed under IC 25-6.1. (b) Instead of taking bids, the department may engage an auctioneer to advertise the sale and to conduct a public auction of the property. (c) The advertising by an auctioneer under this section must include a detailed description […]

4-20.5-7-15. Sale at Less Than Appraised Value; Grant of Easement

Sec. 15. (a) Except as provided in subsection (b) and section 10 of this chapter, the governor must approve a sale of the property for a price less than the appraised value of the property. (b) The department may grant an easement in property without: (1) money consideration; and (2) the approval of the governor. […]

4-20.5-7-16. Cash Sale; Proceeds Depository

Sec. 16. (a) A sale of property must be made for cash. (b) Subject to Article 8, Section 2 of the Constitution of the State of Indiana, the proceeds of a sale, after payment of expenses, shall be deposited in the state treasury and credited to the fund from which the property was purchased. (c) […]

4-20.5-7-17. Instrument of Transfer; Signatures

Sec. 17. (a) If the property is transferred, an instrument shall be prepared as directed by the department. (b) The instrument prepared under subsection (a) must be signed by the following: (1) The agency head of the transferring agency or a designee of the agency head. (2) If the transfer involves two (2) agencies, the […]

4-20.5-7-18. Recordation and Filing

Sec. 18. (a) Except as provided in subsection (b), this section applies to any transfer under this chapter. (b) This section does not apply if the instrument is a lease for a term of four (4) years or less. (c) The instrument shall be recorded in each county in which the property is located. (d) […]

4-20.5-7-19. Rules

Sec. 19. The department may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.7-1993, SEC.7.

4-20.5-7-2. Transferring Agency Head; Duties

Sec. 2. The agency head of a transferring agency must do the following: (1) Find that the property is surplus to the needs of the agency. (2) Notify the department that the agency wants to transfer the property. (3) Provide the details of the proposed transfer as required by the department. (4) Submit a request […]

4-20.5-7-22. Regional Holding Facility Lease Agreement

Sec. 22. (a) As used in this section, “local economic development organization” has the meaning set forth in IC 5-28-11.5-2. (b) As used in this section, “regional holding facility lease agreement” means an agreement between the department of correction and a local economic development organization to lease an unused department of correction facility for the […]