2014 Indiana Code TITLE 14. NATURAL AND CULTURAL RESOURCES ARTICLE 18. STATE LAND CHAPTER 2. LEASING OF STATE PROPERTY
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IC 14-18-2
Chapter 2. Leasing of State Property
IC 14-18-2-1
Legislative intent
Sec. 1. (a) It is the intent and purpose of this chapter to do the
following:
(1) Provide means for the construction and operation of
adequate water resources, food, lodging, and the outdoor
recreation or service facilities that the department considers
appropriate without the expenditure of state money.
(2) Solicit and encourage the use of private and public capital to
provide food and lodging facilities.
(3) Provide more adequate water resources and attractive
recreational facilities.
(b) This chapter supersedes any conflicting law to the extent of the
conflict.
As added by P.L.1-1995, SEC.11.
IC 14-18-2-2
Lease and contract powers of department
Sec. 2. (a) The department may do the following:
(1) Lease state owned land that is under the management and
control of the department to a local governmental unit or a
political subdivision of the state or local government.
(2) Lease federally owned land that is under the control and
management of the department.
(3) Contract for the construction and operation of lodging, food,
and other outdoor recreation, water resources, or service
facilities that the department considers appropriate on the land.
(b) If the department determines that action permitted by
subsection (a) would be in the best interests of the citizens of Indiana,
a lease and contract may be negotiated and executed in the manner
prescribed by this chapter in addition to the methods permitted by
other statutes.
As added by P.L.1-1995, SEC.11.
IC 14-18-2-3
Contents of leases and contracts
Sec. 3. (a) As used in this section, "inn" means a public facility
that has the following:
(1) At least twenty (20) rooms for the accommodation of
overnight guests.
(2) A dining room that offers table service for at least forty (40)
individuals at one (1) time during normal dining hours.
(b) A lease and contract authorized by this chapter must include
in its terms the following provisions and conditions:
(1) The legal description of the leasehold. A survey for the
description is not required.
(2) The term of the lease. The term may not exceed forty (40)
years with two (2) additional options to renew of thirty (30)
years each.
(3) Provision for the submission of complete plans and
specifications to the department for review and written approval
before beginning any construction.
(4) The manner of payment of rental.
(5) The facilities provided will be available to the public without
discrimination and at charges designed to make the facilities
available to a maximum number of the citizens of Indiana.
(6) That the rates and fees charged for goods and services on the
leased area will be in accord with those charged at similar
developments in the area.
(7) The disposition of the leasehold and improvements at the
termination of the lease.
(8) Except as provided in subsections (c) and (e), if the lease
and contract concerns state owned land under the management
and control of the department, including state parks, a
prohibition on the sale or public display of alcoholic beverages
on the premises.
(c) A lease and contract authorized by this chapter may permit in
its terms the retail sale of alcoholic beverages for consumption on the
licensed premises of an inn if the lessee or concessionaire applies for
and secures the necessary permits required by IC 7.1.
(d) A lease and contract authorized by this chapter may permit in
its terms the retail sale of alcoholic beverages for consumption on the
licensed premises of a public golf course if:
(1) the lease and contract concerns federally owned land that is:
(A) under the control and management of the department;
and
(B) located on Brookville Reservoir; and
(2) the lessee or concessionaire applies for and secures the
necessary permits required by IC 7.1.
(e) A lease and contract authorized by this chapter may permit in
its terms the retail sale of alcoholic beverages for consumption on the
licensed premises of a pavilion located within Indiana Dunes State
Park if the lessee or concessionaire applies for and secures the
necessary permits required by IC 7.1.
(f) The retail sale of alcoholic beverages on licensed premises
described in subsections (c), (d), and (e) is subject to any other
applicable alcoholic beverage provisions under the Indiana Code and
any rule adopted to implement any other applicable alcoholic
beverage provisions under the Indiana Code.
(g) A lease and contract may prescribe other terms and conditions
that the department considers necessary and advisable to carry out the
intent and purposes of this chapter.
As added by P.L.1-1995, SEC.11. Amended by P.L.71-2012, SEC.10;
P.L.70-2014, SEC.6.
IC 14-18-2-4
Statement of intent
Sec. 4. (a) This section does not apply to leases to units of local
government.
(b) The department shall draft a statement of intent and shall
publicize the statement through appropriate media. The statement
must do the following:
(1) Describe the facilities that the department desires to provide.
(2) Set up a procedure for the submission of proposals for
providing the facilities.
(c) The publication must consist of at least three (3) legal
advertisements appearing at ten (10) day intervals during a thirty (30)
day period in five (5) daily newspapers of wide and general
circulation in Indiana.
As added by P.L.1-1995, SEC.11.
IC 14-18-2-5
Submission of proposals
Sec. 5. (a) This section does not apply to leases to units of local
government.
(b) After public notice as required by section 4 of this chapter, a
sixty (60) day period shall be allowed for the preparation and
submission of proposals.
As added by P.L.1-1995, SEC.11.
IC 14-18-2-6
Approval of proposals; negotiation of lease agreement
Sec. 6. (a) Following the expiration of the period set aside for the
submission of proposals by section 5 of this chapter, the department
shall do the following:
(1) Select the proposal that the department considers most
appropriate for the fulfillment of the statement of intent.
(2) Submit the proposal to the commission for approval.
(b) Upon receipt of written approval from the commission, the
department shall do the following:
(1) Negotiate a lease agreement with the individual, group, or
political unit that submitted the proposal.
(2) Submit the lease agreement to the attorney general for
review and approval.
As added by P.L.1-1995, SEC.11.
IC 14-18-2-7
Execution of lease and contract
Sec. 7. A lease and contract must be executed by the authorized
agents of the state and by the lessee.
As added by P.L.1-1995, SEC.11.
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