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.
Structure Indiana Code
Chapter 11. Disposal of Real or Personal Property
36-1-11-1. Application of Chapter
36-1-11-3.1. Sale of Residential Real Property; Disapproval
36-1-11-3.2. Approval of Sale, Lease, or Transfer of Real Property in Certain Cities
36-1-11-4. Sale or Transfer of Real Property; Procedure
36-1-11-4.1. Sale or Transfer of Real Property, Including Provision for Leaseback; Notice; Bids
36-1-11-4.3. Public Easement or Right-of-Way
36-1-11-5.6. Sale or Transfer of Property to a Nonprofit Corporation
36-1-11-7. Exchange of Property With Persons Other Than Governmental Entity; Procedure
36-1-11-8. Exchange of Property With Governmental Entity
36-1-11-9. Trade or Exchange as Part of Purchase Price of New Property
36-1-11-10. Lease of Property; Procedure
36-1-11-10.5. Lease of a Parkway Strip, Sidewalk, Tree Row, or Verge
36-1-11-11. Execution of Deed or Other Instrument
36-1-11-12. Lease of Property; Alternative Procedure
36-1-11-13. Restrictions on Lease of County-Owned Property
36-1-11-14. Gift of Tract; Reconveyance
36-1-11-15. Tract Transferred as Gift by Not-for-Profit Corporation or Organization; Reconveyance
36-1-11-17. Terms of Reconveyance or Return
36-1-11-18. School Corporations in Laporte County; Transfer to Governmental Agency