2015 Indiana Code TITLE 20. EDUCATION ARTICLE 26. SCHOOL CORPORATIONS: GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 7. PROPERTY AND EMINENT DOMAIN
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IC 20-26-7
Chapter 7. Property and Eminent Domain
IC 20-26-7-0.3
Legalization of certain school corporation actions in acquiring
property under deed with reverter clause; school corporation
rights in case of reversion
Sec. 0.3. (a) The actions of a school corporation taken before
January 1, 1989, in acquiring any interest in real estate or a real estate
improvement, under a deed that contains a reverter clause that limits
the use of the property by the school corporation, are legalized.
(b) If a reversion occurs under a deed described in subsection (a),
the school corporation is entitled to the improvements (or the fair
market value of the improvements) made to the property by the
school corporation.
As added by P.L.220-2011, SEC.327.
IC 20-26-7-0.4
Issuance of bonds or execution of lease under prior law before May
1, 1995
Sec. 0.4. Notwithstanding P.L.25-1995, if a school corporation has
conducted the hearing described in IC 20-5-52 (before its repeal, now
codified in this chapter) before May 1, 1995, the school corporation
may issue bonds or execute a lease for the school building
construction project that was the subject of the hearing in accordance
with the requirements for issuing bonds or executing a lease that were
in effect before July 1, 1995.
As added by P.L.220-2011, SEC.328.
IC 20-26-7-1
Sale of unneeded property; lease or sale to charter school;
procedures
Sec. 1. (a) As used in this section, "charter school" has the
meaning set forth in IC 20-24-1-4 and includes a group or entity
seeking approval from an authorizer to operate a charter school under
IC 20-24-3.
(b) Except as otherwise provided in this section, if a governing
body of a school corporation determines that any real or personal
property:
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, be
exchanged for other property;
the governing body may sell or exchange the property in accordance
with IC 36-1-11.
(c) Money derived from the sale or exchange of property under
this section shall be placed in any school fund:
(1) established under applicable law; and
(2) that the governing body considers appropriate.
(d) A governing body may not make a covenant that prohibits the
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sale of real property to another educational institution.
(e) This subsection does not apply to a school building that on
July 1, 2011, is leased or loaned by the school corporation that owns
the school building to another entity, if the entity is not a building
corporation or other entity that is related in any way to, or created by,
the school corporation or the governing body. Except as provided in
subsections (k) through (n), a governing body shall make available
for lease or purchase to any charter school any school building owned
by the school corporation or any other entity that is related in any
way to, or created by, the school corporation or the governing body,
including but not limited to a building corporation, that:
(1) either:
(A) is not used in whole or in part for classroom instruction
at the time the charter school seeks to lease the building; or
(B) appears on the list compiled by the department under
subsection (f); and
(2) was previously used for classroom instruction;
in order for the charter school to conduct classroom instruction.
(f) Not later than August 1 each calendar year, each governing
body shall inform the department if a school building that was
previously used for classroom instruction is closed, unused, or
unoccupied. The department shall maintain a list of closed, unused,
or unoccupied school buildings and make the list available on the
department's Internet web site. Each school corporation shall provide
a list of closed, unused, or unoccupied buildings to the department by
the date set by the department. The department must update the list
not later than fifteen (15) days after being notified of a closed,
unused, or unoccupied building.
(g) A school building that appears for the first time on the
department's list under subsection (f) shall be designated as
"Unavailable until (a date two (2) years after the school building first
appears on the list)" if the governing body of the school corporation
that owns the school building indicates to the department, on a form
prescribed by the department, that the school building may be
reclaimed during that period for classroom instruction. If a governing
body does not indicate that a school building may be reclaimed, the
governing body shall designate the school building as "Available" on
the department's list. The governing body may change the designation
of a building from unavailable to available at any time. If a school
building that is designated as unavailable on the department's list
remains unused for classroom instruction one (1) year after being
reclaimed under this subsection, the governing body shall designate
the school building as "Available" on the department's list. A
governing body may reclaim a school building only one (1) time
under this subsection.
(h) If a charter school wishes to use a school building on the list
created under subsection (f), the charter school shall send a letter of
intent to the department. Within thirty (30) days after receiving a
letter from a charter school, the department shall notify the school
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corporation of the charter school's intent, and, within thirty (30) days
after receiving notification from the department, the school
corporation that owns the school building shall lease the school
building to the charter school for one dollar ($1) per year for as long
as the charter school uses the school building for classroom
instruction or for a term at the charter school's discretion, or sell the
school building to the charter school for one dollar ($1). The charter
school must begin to use the school building for classroom
instruction not later than two (2) years after acquiring the school
building. If the school building is not used for classroom instruction
within two (2) years after acquiring the school building, the school
building shall be placed on the department's list under subsection (f).
If during the term of the lease the charter school closes or ceases
using the school building for classroom instruction, the school
building shall be placed on the department's list under subsection (f).
If a school building is sold to a charter school under this subsection
and the charter school or any entity related to the charter school
subsequently sells or transfers the school building to a third party, the
charter school or related entity must transfer an amount equal to the
gain in the property minus the adjusted basis (including costs of
improvements to the school building) to the school corporation that
initially sold the vacant school building to the charter school. Gain
and adjusted basis shall be determined in the manner prescribed by
the Internal Revenue Code and the applicable Internal Revenue
Service regulations and guidelines.
(i) During the term of a lease under subsection (h), the charter
school is responsible for the direct expenses related to the school
building leased, including utilities, insurance, maintenance, repairs,
and remodeling. The school corporation is responsible for any debt
incurred for or liens that attached to the school building before the
charter school leased the school building.
(j) Notwithstanding anything to the contrary in this section, and
with the sole exception of a waiver provided in subsection (n), when
a school building is designated as "Available" under subsection (g),
the school building must remain designated as "Available" and may
not be sold or otherwise disposed of for at least two (2) years. When
the two (2) year period has elapsed, the school corporation may sell
or otherwise dispose of the school building in accordance with
IC 36-1-11.
(k) Notwithstanding subsection (e), a governing body may request
a waiver from the department from the requirements of subsection
(e). In order for a governing body to receive a waiver under
subsection (n), the governing body must apply to the department, on
a form prescribed by the department, for the waiver. The application
must include a statement that the governing body believes that a
charter school would not be interested in leasing or purchasing the
vacant or unused school building.
(l) If the department receives a waiver request under subsection
(k), the department, within five (5) days after receiving the waiver
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request under subsection (k), shall notify each charter school
authorizer and statewide organization representing charter schools in
Indiana by certified mail of the waiver request received under
subsection (k). The notice must include a copy of the governing
body's waiver request.
(m) Not later than thirty (30) days after a charter school authorizer
or statewide organization representing charter schools in Indiana
receives a notice described in subsection (l), the charter school
authorizer or a statewide organization representing charter schools
may submit a qualified objection to the governing body's request for
a waiver under subsection (k). The qualified objection must be
submitted to the department in writing. In order for an objection to be
considered a qualified objection by the department, the objection
must include:
(1) the name of the charter school that is interested in leasing or
purchasing the vacant or unused school building; and
(2) a time frame, which may not exceed one (1) year from the
date of the objection, in which the charter school intends to
begin providing classroom instruction in the vacant or unused
school building.
(n) If the department receives a qualified objection under
subsection (m), the vacant or unused school building shall remain on
the department's list under subsection (f) with the designation with
which the building is listed under subsection (g) at the time the
department receives the waiver request. If the department does not
receive a qualified objection, the department shall grant the
governing body's request for a waiver. A governing body that
receives a waiver under this subsection may sell or otherwise dispose
of the unused or vacant school building in accordance with
IC 36-1-11.
As added by P.L.1-2005, SEC.10. Amended by P.L.234-2007,
SEC.227; P.L.91-2011, SEC.27; P.L.17-2013, SEC.1; P.L.33-2014,
SEC.4; P.L.5-2015, SEC.47.
IC 20-26-7-2
Property damage; insurance proceeds
Sec. 2. A governing body of a school corporation may deposit
insurance proceeds received as a result of damage to real or personal
property in any school fund:
(1) established under applicable law; and
(2) that the governing body considers appropriate.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-3
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.106.)
IC 20-26-7-4
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Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.107.)
IC 20-26-7-5
Conveyance of school property to city authorized
Sec. 5. A school corporation (as defined in IC 36-1-2-17) may
convey property owned by the school corporation to a civil city or
other political subdivision for civic purposes if:
(1) the governing body adopts a resolution recommending the
transfer and conveyance of the school property;
(2) the civil city or political subdivision agrees to accept the
school property; and
(3) the governing body executes a deed for the school property.
As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015,
SEC.108.
IC 20-26-7-6
Property acquired by conditional gift or bequest; annexation
Sec. 6. A school corporation that acquires any real property by
gift, devise, or bequest shall hold, use, and dispose of the real
property under the terms and conditions imposed by the donor or
testator.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-7
Unconditional devise or bequest
Sec. 7. If a common school corporation has acquired or acquires
any personal property or real estate by gift, devise, or bequest
concerning which the donor or testator, at the time of making the gift,
bequest, or devise, does not include conditions or directions
concerning the gift, bequest, or devise inconsistent with this section,
the principal of the gifts, devises, and bequests is inviolate, but the
interest, rents, incomes, issues, and profits thereof may be expended
by the school corporation.
As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015,
SEC.109.
IC 20-26-7-8
Appointment of trustees to manage property acquired by gift or
bequest
Sec. 8. (a) If the board of trustees or school commissioners of a
corporation governed by sections 6 through 9 of this chapter desires:
(1) to appoint one (1) or more trustees to hold the title to any
property, real or personal, acquired by the board or
commissioners in the manner mentioned in sections 6 through
9 of this chapter, unless the wish and will of the donor or
testator would be violated; and
(2) to invest the principal and pay over only the net interest,
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rents, issues, incomes, and profits of the fund to the school
corporation for use as provided in sections 6 through 9 of this
chapter;
the school corporation may name and appoint one (1) or more
trustees and to vest in the trustees the title to the property, subject to
trust and powers as the school corporation may impose, not
inconsistent with the expressed wish or will of the donor or testator
or this chapter applicable to the property if a transfer to a trustee has
not been made.
(b) However, if:
(1) the managing board of the school corporation consists of less
than three (3) persons; and
(2) the school corporation elects to have the property held and
managed by trustees;
the corporation shall establish the terms of the trust and make the
conveyance, and the judge of the circuit court of the county in which
the school corporation is domiciled shall appoint at least three (3)
trustees.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-9
Purpose and construction of statutes concerning property acquired
by gift or bequest
Sec. 9. (a) It is the main purpose of this chapter that the identity of
the principal of gifts, bequests, and devises to the state's public
schools may not be lost and that the income from investment of the
gifts, bequests, and devises shall be used in giving students the public
education and library advantages that could not be enjoyed if only the
school and library revenue and income provided by law were
available.
(b) Sections 6 through 9 of this chapter may not be construed as
a limitation against the investment and reinvestment either by the
school corporation itself or the trustees appointed under section 8 of
this chapter, as the safety of the fund or the best interests of the
recipient school corporation require.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-10
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.110.)
IC 20-26-7-11
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.111.)
IC 20-26-7-12
Repealed
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(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.112.)
IC 20-26-7-13
Eminent domain; petition for appointment of appraisers
Sec. 13. If:
(1) the trustees of school corporations of a city or town believe;
or
(2) the township trustee of a township believes;
it is necessary to purchase any real estate on which to build a
schoolhouse, or for any other purpose connected with the real estate,
the township trustee or school trustees, or a majority of them, may
file a petition in the circuit court of the county asking for the
appointment of appraisers to appraise and assess the value of the real
estate.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-14
Eminent domain; appointment of appraisers
Sec. 14. Ten (10) days after a petition is filed under section 13 of
this chapter, the court shall appoint:
(1) one (1) disinterested freeholder residing in the school
corporation or township where the real estate is located; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise and assess the value of the
real estate. One (1) of the appraisers appointed under subdivision (2)
must reside not more than fifty (50) miles from the real estate.
As added by P.L.1-2005, SEC.10. Amended by P.L.113-2006,
SEC.14.
IC 20-26-7-15
Eminent domain; oath of appraisers; payment of damages; trial;
appeal
Sec. 15. (a) Before making the appraisement and assessment, the
appraisers shall take an oath before the clerk of the court to make a
fair, true, and honest appraisement of the real estate.
(b) After taking the oath under subsection (a), the appraisers shall
examine the real estate, hear evidence they consider necessary, and
make a report of their appraisement to the court not more than five
(5) days after their appointment.
(c) After the examination under subsection (b), the township
trustee or school trustees of the school corporation, or a majority of
them, may pay to the clerk of the court, for the use of the owner or
owners of the real estate, the amount assessed.
(d) When the payment is made under subsection (c) and the
payment is shown to the court hearing the cause:
(1) the title to the real estate vests immediately in the school
corporation for school purposes;
(2) the court shall cause the real estate to be conveyed to the
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school corporation by a commissioner appointed for that
purpose; and
(3) the school corporation may immediately take possession of
the real estate for the purpose.
(e) When the report of the appraisers is filed, any party to the
action, not later than ten (10) days, may except to the amount of the
appraisement and valuation of the real estate and a trial may be had
on the exception before the court as other civil causes are tried. The
court shall fix the amount of the appraisement and assessment, and
any party to the action may appeal the judgment of the court as other
civil cases are appealed.
(f) If the township trustee or school trustees, or a majority of them,
except to the amount of the appraisement and assessment:
(1) the court shall convey the real estate to the school
corporation;
(2) the title to the real estate vests immediately in the school
corporation for the purposes; and
(3) subsequent proceedings upon the exceptions affect only the
amount of the appraisement and assessments.
As added by P.L.1-2005, SEC.10. Amended by P.L.233-2015,
SEC.113.
IC 20-26-7-16
Eminent domain; offer of reasonable value to owners before
petition; costs of subsequent action
Sec. 16. Before the filing of the petition, the township trustee or
school trustees, or a majority of them, may offer or tender to the
owner or owners of the real estate an amount considered a reasonable
value for the real estate. If the amount fixed by the appraisers or by
the court later becomes the same or less than the amount tendered:
(1) the cause shall be prosecuted at the cost of the owner or
owners of the real estate; and
(2) upon exception to the amount fixed by the appraisers, if the
exceptor does not increase the amount of the appraisement and
assessment, the action on the exception shall be at the cost of the
exceptor.
If an amount has not been tendered by the township trustee or school
trustees, or a majority of them, and an exception is not taken, the
action shall be prosecuted at the cost of the petitioners.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-17
Purchase or improvement of property and buildings for school
purposes; notice to taxpayers; right to appeal
Sec. 17. (a) A school corporation may:
(1) purchase buildings or lands, or both, for school purposes;
and
(2) improve the buildings or lands, or both.
(b) Notwithstanding this section through section 18 of this chapter
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limiting the purchase of school buildings, a school corporation may:
(1) purchase suitable buildings or lands, or both, adjacent to
school property for school purposes; and
(2) improve the buildings or lands, or both, after giving notice
to the taxpayers of the intention of the school corporation to
purchase.
The taxpayers of the school corporation have the same right of appeal
under the same procedure as provided for in IC 6-1.1-20-5 through
IC 6-1.1-20-6.
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,
SEC.466; P.L.233-2015, SEC.114.
IC 20-26-7-18 Version a
Authorization of bonds for purchase or improvement of property
and buildings; issuance procedure
Note: This version of section amended by P.L.184-2015, SEC.10.
See also following version of this section amended by P.L.233-2015,
SEC.115.
Sec. 18. Subject to IC 5-3-1-3(h), a school corporation may issue
and sell bonds under the general statutes governing the issuance of
bonds to purchase and improve buildings or lands, or both. All laws
relating to approval (if required) in a local public question under
IC 6-1.1-20, the filing of petitions, remonstrances, and objecting
petitions, giving notices of the filing of petitions, the determination
to issue bonds, and the appropriation of the proceeds of the bonds are
applicable to the issuance of bonds under sections 17 through 19 of
this chapter.
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,
SEC.467; P.L.184-2015, SEC.10.
IC 20-26-7-18 Version b
Authorization of bonds for purchase or improvement of property
and buildings; issuance procedure
Note: This version of section amended by P.L.233-2015, SEC.115.
See also preceding version of this section amended by P.L.184-2015,
SEC.10.
Sec. 18. A school corporation may issue and sell bonds under the
general statutes governing the issuance of bonds to purchase and
improve buildings or lands, or both. All laws relating to approval (if
required) in a local public question under IC 6-1.1-20, the filing of
petitions, remonstrances, and objecting petitions, giving notices of
the filing of petitions, the determination to issue bonds, and the
appropriation of the proceeds of the bonds are applicable to the
issuance of bonds under section 17 of this chapter.
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,
SEC.467; P.L.233-2015, SEC.115.
IC 20-26-7-19
Repealed
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(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.116.)
IC 20-26-7-20
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.117.)
IC 20-26-7-21
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.118.)
IC 20-26-7-22
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.119.)
IC 20-26-7-23
Repealed
(As added by P.L.1-2005, SEC.10. Amended by P.L.1-2006,
SEC.327. Repealed by P.L.233-2015, SEC.120.)
IC 20-26-7-24
Repealed
(As added by P.L.1-2005, SEC.10. Amended by P.L.1-2006,
SEC.328. Repealed by P.L.233-2015, SEC.121.)
IC 20-26-7-25
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.122.)
IC 20-26-7-26
Duties and liabilities of school corporations with respect to
municipal assessments for public improvements
Sec. 26. (a) A common school corporation:
(1) has the same powers; and
(2) is subject to the same duties and liabilities;
concerning municipal assessments for the cost of public
improvements affecting the common school corporation's real estate
that private owners of real estate possess or to which private owners
of real estate are subject.
(b) The real estate of a common school corporation is subject to
liens for municipal assessments for public improvements if the real
estate:
(1) had been owned by a private owner; and
(2) would have been subject to a lien at the time the lien was
attached.
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(c) A penalty or an attorney's fee concerning a municipal
assessment may not be collected from a school corporation.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-27
Inspection of heating systems and fuel lines used for school
purposes
Sec. 27. The superintendent of a school corporation shall cause an
annual inspection to be conducted of all heating systems and
supporting gas, oil, propane, or any other fuel lines used for school
purposes.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-27.5
Abatement of certain violations
Sec. 27.5. (a) Notwithstanding any other law, if:
(1) as a result of an inspection of a school building under
IC 22-14-2-11 that is not an inspection to determine compliance
with a legal standard for accreditation, the division of fire and
building safety of the department of homeland security
determines that there is a violation of a fire safety law at the
school building;
(2) the fire safety law that the division determines has been
violated at the school building incorporates a standard that:
(A) was not a fire safety law at the time of the construction
or renovation of the school building and is being applied
retroactively to the building by an employee of the division
of fire and building safety; or
(B) previously was not applicable to the building; and
(3) the violation is not a condition that creates an immediate
safety hazard and is monitored under daily maintenance and
supervision;
the school corporation shall abate the violation before the earlier of
one (1) year after the violation determination or six (6) months after
the start of the school corporation's next budget year following the
violation determination.
(b) The expense of the abatement may be paid out of funds
appropriated for such purposes in the budget year following a
violation determination under subsection (a).
As added by P.L.132-2007, SEC.6.
IC 20-26-7-28
Record and report of heating system and fuel line inspection
Sec. 28. A report of the inspection described in section 27 of this
chapter shall be made to the division of fire and building safety
before September 1 of each year. The report shall be made on forms
prescribed and approved by the division of fire and building safety.
As added by P.L.1-2005, SEC.10. Amended by P.L.1-2006, SEC.329.
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IC 20-26-7-29
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.123.)
IC 20-26-7-30
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.124.)
IC 20-26-7-31
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.125.)
IC 20-26-7-32
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.126.)
IC 20-26-7-33
Repealed
(As added by P.L.1-2005, SEC.10. Amended by P.L.231-2005,
SEC.32; P.L.1-2006, SEC.330. Repealed by P.L.233-2015, SEC.127.)
IC 20-26-7-34
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.128.)
IC 20-26-7-35
Repealed
(As added by P.L.1-2005, SEC.10. Repealed by P.L.233-2015,
SEC.129.)
IC 20-26-7-36
School building construction or alteration; feasibility study
Sec. 36. Before the governing body exercises power granted by
any law to spend more than one million dollars ($1,000,000) to build,
repair, or alter school buildings that would be financed by:
(1) entering into a lease agreement under IC 20-47-2-11 through
IC 20-47-2-14 or IC 20-47-3-9 through IC 20-47-3-12;
(2) issuing bonds under IC 20-48-1; or
(3) any other available method;
the governing body may order the preparation and pay the costs of a
feasibility study.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.123.
IC 20-26-7-37
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School building construction or alteration; hearing and notice
Sec. 37. (a) If the governing body proposes to construct, repair, or
alter a school building at a cost of more than one million dollars
($1,000,000) that would be financed by:
(1) entering into a lease agreement under IC 20-47-2-11 through
IC 20-47-2-14 or IC 20-47-3-9 through IC 20-47-3-12;
(2) issuing bonds under IC 20-48-1; or
(3) any other available method;
the governing body must hold a public hearing at which explanations
of the potential value of the proposed project to the school
corporation and to the community shall be given and at which
interested parties may present testimony and questions.
(b) Notice of the hearing shall be given in accordance with
IC 5-3-1. The notice must state that on a given day, time, and place,
the governing body will meet to discuss and hear objections and
support to the proposed construction.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.124.
IC 20-26-7-38
School building construction or alteration; resolution
Sec. 38. At the public hearing and before bids for construction of
the project are invited, the governing body shall adopt a resolution
that specifies the following:
(1) The educational purpose the building will serve.
(2) The estimated cost of construction, including the cost of
land.
(3) Any other pertinent information, including the estimated
impact on the tax rate and the proposed sources of funding.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-39
Sale or exchange of unneeded school property to state; terms of
agreement
Sec. 39. (a) If:
(1) a school corporation; and
(2) the state, either in the name of the state or in the name of the
trustees of an agency of the state;
each own improved or unimproved real estate that lies within the
boundaries of the school corporation and that is not needed or
required for the purpose for which it was acquired, the school
corporation and the state may sell, trade, exchange, or convey to or
with each other the unneeded real estate upon such terms and
conditions mutually agreed upon and incorporated in an agreement
between the trustees or board of trustees of the school corporation
and the state or, if the real estate is held in the name of the trustees of
an agency of the state, by the trustees.
(b) A value must be assigned to each parcel of real estate involved
in the sale, trade, or exchange in the agreement. The assigned value
must be the fair market value of the real estate as determined by three
Indiana Code 2015
(3) appraisers appointed as follows:
(1) One (1) to be appointed by the board of trustees of the
school corporation.
(2) One (1) to be appointed by the state or, if the real estate is
held in the name of the trustees of an agency of the state, by the
trustees.
(3) One (1) to be appointed by the two (2).
(c) The agreement must provide for payment by the party owning
the real estate of the smaller value to the other party of the difference
of value of the properties.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-40
Sale or exchange of unneeded school property to state; execution
of deed
Sec. 40. Whenever:
(1) an agreement described in section 39 of this chapter is
executed; and
(2) the payment of any money is made;
deeds of conveyance shall be executed by the trustees or board of
trustees of the school corporation and by the state for the transfer of
state owned real estate.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-41
Township schools; sale of unused school land
Sec. 41. A township trustee may, whenever:
(1) a schoolhouse is removed to a different location or a new
one erected for the school in a different place; and
(2) the land where the schoolhouse is situated belongs
unconditionally to the township, town, or city;
sell the land, if the trustee believes it is advantageous to the township,
town, or city to do so. The township trustee shall sell the land for the
highest price that can be obtained for the land. Upon payment of the
purchase money to the township, town, or city, the township trustee
shall execute to the purchaser a deed of conveyance, which must be
sufficient to vest in the purchaser the title the township, town, or city
has to the land. The money derived from the sale becomes a part of
the school revenue.
As added by P.L.2-2006, SEC.125.
IC 20-26-7-42
Township schools; subsequent conveyance to correct error in prior
conveyance
Sec. 42. (a) If an officer authorized to sell school land sells any
lands without a title to the land, the officer or the officer's successor
in office may convey other land of equal value that is agreed upon by
the officer and the purchaser, purchaser's heirs, or purchaser's assigns.
If an agreement is not made, the purchase money, with interest, shall
Indiana Code 2015
be repaid to the purchaser, purchaser's heirs, purchaser's executors,
purchaser's administrators, or purchaser's assigns.
(b) Purchase money may not be repaid until the prosecuting
attorney has:
(1) investigated the facts of the case; and
(2) certified to the correctness of the claim.
As added by P.L.2-2006, SEC.126.
IC 20-26-7-43
Repealed
(As added by P.L.2-2006, SEC.127. Repealed by P.L.233-2015,
SEC.130.)
IC 20-26-7-44
Repealed
(As added by P.L.2-2006, SEC.128. Repealed by P.L.233-2015,
SEC.131.)
IC 20-26-7-45
Legalization of certain school corporation actions in acquiring
property under deed with reverter clause; school corporation
rights in case of reversion
Sec. 45. (a) The actions of a school corporation taken before
January 1, 1993, in acquiring any interest in real estate or a real estate
improvement under a deed that contains a reverter clause that limits
the use of the property by the school corporation are legalized.
(b) If a reversion occurs under a deed described in subsection (a),
the school corporation is entitled to the improvements or the fair
market value of the improvements made to the property by the school
corporation.
As added by P.L.220-2011, SEC.329.
Indiana Code 2015
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