Indiana § 36-1-10-22 - Certain leases legalized and validated

§ 36-1-10-22. Certain leases legalized and validated

Sec. 22. (a) This section applies only to a lease that meets all of the following:

(1) The lease was entered into before January 1, 2019.

(2) The total annual cost of the lease is less than two hundred fifty thousand dollars ($250,000).

(3) Any one (1) of the following applies:

(A) The leasing agent did not comply with section 7(a) of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(B) The leasing agent did not comply with section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(C) The leasing agent did not comply with both section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(b) A lease described in subsection (a) is valid, notwithstanding the failure of the leasing agent to comply with section 7(a) of this chapter (as in effect before January 1, 2019), section 14 of this chapter (as in effect before January 1, 2019), or both section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019) before the lease was entered into.

(c) This section does not validate a lease described in subsection (a) for failures to comply with statutory requirements other than those set forth in section 7(a) of this chapter (as in effect before January 1, 2019) and section 14 of this chapter (as in effect before January 1, 2019).

As added by P.L.257-2019, SEC.98.

IC 36-1-10.5Chapter 10.5. Purchase of Land or Structures

36-1-10.5-1Application of chapter 36-1-10.5-2"Parking facility" defined 36-1-10.5-3"Purchasing agent" defined 36-1-10.5-4"Structure" defined 36-1-10.5-5Purchase of land or structure; required procedures 36-1-10.5-6Limitation on purchase price

IC 36-1-10.5-1Application of chapter Sec. 1. (a) Except as provided in subsection (b), this chapter applies to:

(1) political subdivisions; and

(2) their agencies.

(b) This chapter does not apply to the purchase of:

(1) real property having a total price (including land and structures, if any) of twenty-five thousand dollars ($25,000) or less;

(2) airport land or structures under IC 8-22;

(3) library land or structures under IC 36-12;

(4) school land or structures under IC 20-47;

(5) hospital land or structures by a hospital or health and hospital corporation established and operated under IC 16-22 or IC 16-23;

(6) land or structures acquired for a road or street right-of-way for a federal-aid project funded in any part under 23 U.S.C. 101 et seq.;

(7) land or structures by redevelopment commissions under IC 36-7-14 or IC 36-7-15.1, or redevelopment authorities under IC 36-7-14.5;

(8) land by a municipally owned water utility, if:

(A) the municipally owned water utility has performed or contracted with another party to perform sampling and drilling tests of the land; and

(B) the sampling and drilling tests indicate the land has water resources; or

(9) land or structures acquired for railroad right-of-way or other railroad purposes for a federal aid project funded in any part under 49 U.S.C. 103 et seq.

As added by P.L.336-1987, SEC.1. Amended by P.L.188-1988, SEC.4; P.L.114-1989, SEC.2; P.L.2-1993, SEC.197; P.L.221-1997, SEC.1; P.L.1-2005, SEC.233; P.L.2-2006, SEC.187; P.L.194-2007, SEC.11; P.L.146-2017, SEC.13.

IC 36-1-10.5-2"Parking facility" defined Sec. 2. As used in this chapter, "parking facility" refers to a parking facility as defined in IC 36-9-1.

As added by P.L.336-1987, SEC.1.

IC 36-1-10.5-3"Purchasing agent" defined Sec. 3. As used in this chapter, "purchasing agent" means the board or officer of a political subdivision or agency with the power to purchase land or structures.

As added by P.L.336-1987, SEC.1.

IC 36-1-10.5-4"Structure" defined Sec. 4. As used in this chapter, "structure" means:

(1) a building used in connection with the operation of a political subdivision; or

(2) a parking facility.

The term includes the site, equipment, and appurtenances to the building or parking facility.

As added by P.L.336-1987, SEC.1.

IC 36-1-10.5-5Purchase of land or structure; required procedures Sec. 5. A purchasing agent shall purchase land or a structure only after compliance with the following procedures:

(1) The fiscal body of the political subdivision shall pass a resolution to the effect that it is interested in making a purchase of specified land or a structure.

(2) The purchasing agent shall appoint two (2) appraisers to appraise the fair market value of the land or structure. The appraisers must be professionally engaged in making appraisals or be trained as an appraiser and licensed as a broker under IC 25-34.1.

(3) The appraisers shall return their separate appraisals to the purchasing agent within thirty (30) days after the date of their appointment. The purchasing agent shall keep the appraisals on file in the purchasing agent's office for five (5) years after they are given to the purchasing agent.

(4) The purchasing agent shall give a copy of both appraisals to the fiscal body.

As added by P.L.336-1987, SEC.1.

IC 36-1-10.5-6Limitation on purchase price Sec. 6. A purchasing agent may not purchase any land or structure for a price greater than the average of the two (2) appraisals received under section 5 of this chapter.

As added by P.L.336-1987, SEC.1.

IC 36-1-11Chapter 11. Disposal of Real or Personal Property

36-1-11-1Application of chapter 36-1-11-2Definitions 36-1-11-3Approval 36-1-11-3.1Sale of residential real property; disapproval 36-1-11-3.2Approval of sale, lease, or transfer of real property in certain cities 36-1-11-4Sale or transfer of real property; procedure 36-1-11-4.1Sale or transfer of real property, including provision for leaseback; notice; bids 36-1-11-4.2Sale or transfer of real property not acquired through eminent domain to promote an economic development project or facilitate compatible land use planning 36-1-11-4.3Public easement or right-of-way 36-1-11-5Sale of property having certain value or previously part of right-of-way; rights of abutting landowners; procedures 36-1-11-5.5School corporations; sale or transfer of real property or tangible or intangible personal property or licenses 36-1-11-5.6Sale or transfer of property to a nonprofit corporation 36-1-11-5.7Sale or transfer of real property or tangible or intangible personal property or licenses to volunteer fire department, fire protection district, or fire protection territory 36-1-11-5.9Sale or transfer of real property acquired by tax default; rights of abutting landowners; procedures 36-1-11-6Repealed 36-1-11-7Exchange of property with persons other than governmental entity; procedure 36-1-11-8Exchange of property with governmental entity 36-1-11-9Trade or exchange as part of purchase price of new property 36-1-11-10Lease of property; procedure 36-1-11-10.5Lease of a parkway strip, sidewalk, tree row, or verge 36-1-11-11Execution of deed or other instrument 36-1-11-12Lease of property; alternative procedure 36-1-11-13Restrictions on lease of county-owned property 36-1-11-14Gift of tract; reconveyance 36-1-11-15Tract transferred as gift by not-for-profit corporation or organization; reconveyance 36-1-11-16Bid, purchase, receipt, or lease of property by ineligible persons; effect of ineligibility 36-1-11-17Terms of reconveyance or return 36-1-11-18School corporations in LaPorte County; transfer to governmental agency 36-1-11-19Annual appraisals of residential and commercial properties owned by a city