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.
Structure Indiana Code
Chapter 10. Leasing and Lease-Purchasing Structures
36-1-10-1. Application of Chapter
36-1-10-3. Persons Entitled to Lease Property to Political Subdivision or Agency
36-1-10-4.1. Leasing Agents; Compliance With Chapter; Procedure in Lease Without Option to Purchase
36-1-10-5. Leases Without Option to Purchase; Procedure
36-1-10-6. Limitation on Term of Lease
36-1-10-7.5. Lease of a Structure, Transportation System, or System by a School Corporation
36-1-10-11. Property Held in Fee Simple; Sale Procedure
36-1-10-13. Hearing; Procedure; Execution of Lease
36-1-10-14. Disagreement With Execution of Lease; Petition; Hearing; Decision
36-1-10-15. Actions to Contest Validity of Lease or to Enjoin Performance Under Lease
36-1-10-16. Conveyance of Structure to Lessor and Lease Back; Purchase Price; Option to Purchase
36-1-10-17. Annual Appropriation and Tax Levy
36-1-10-21. Not-for-Profit Corporations; Issuance and Sale of Bonds and Other Securities