HB 1174-1_ Filed 02/10/2011, 13:48
Adopted 2/10/2011


Text Box

Adopted Rejected


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COMMITTEE REPORT

            
                                                        YES:

12

                                                        NO:
0

MR. SPEAKER:

    Your Committee on       Local Government     , to which was referred       House Bill 1174     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 2, line 35; (11)CR117401.2. -->     Page 2, line 35, after "bids." insert " If the disposing agent rejects all bids, the disposing agent must make a written determination to reject all bids explaining why all bids were rejected.".
    Page 3, after line 8, begin a new paragraph and insert:
    " (h) The following apply if a broker is hired under subsection (g):
        (1) The property may not be sold to a person who is ineligible under section 16 of this chapter.
        (2) If the property is sold to a trust (as defined in IC 30-4-1-1(a)), the following information must be placed in the public record relating to the sale:
            (A) Each beneficiary of the trust.
            (B) Each settlor empowered to revoke or modify the trust.

SOURCE: IC 36-1-11-5; (11)CR117401.2. -->     SECTION 2. IC 36-1-11-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) As used in this section, "abutting landowner" means an owner of property that:
        (1) touches, borders on, or is contiguous to the property that is the subject of sale; and
        (2) does not constitute a:
            (A) public easement; or
            (B) public right-of-way.
    (b) As used in this section, "offering price" means the appraised value of real property plus all costs associated with the sale, including:
        (1) appraisal fees;
        (2) title insurance;
        (3) recording fees; and
        (4) advertising costs.
    (c) The disposing agent may proceed under this section if either of the following apply:
        (1)
The assessed value of a tract of real property to be sold is less than fifteen thousand dollars ($15,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired. the disposing agent may proceed under this section.
         (2) If the property has not been assessed and the property was previously part of a public right-of-way.
    (d) The disposing agent may determine that:
        (1) the highest and best use of the tract is sale to an abutting landowner;
        (2) the cost to the public of maintaining the tract equals or exceeds the estimated fair market value of the tract; or
        (3) it is economically unjustifiable to sell the tract under section 4 of this chapter.
    (e) Within ten (10) days after the disposing agent makes a determination under subsection (d), the disposing agent shall publish a notice in accordance with IC 5-3-1 identifying the tracts intended for sale by legal description and, if possible, by key number and street address. The notice must also include the offering price and a statement that:
        (1) the property may not be sold to a person who is ineligible under section 16 of this chapter; and
        (2) an offer to purchase the property submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:
            (A) beneficiary of the trust; and
            (B) settlor empowered to revoke or modify the trust.
At the time of publication of notice under this subsection, the disposing agent shall send notice by certified mail to all abutting landowners. This notice shall contain the same information as the published notice.
    (f) The disposing agent shall also have each tract appraised. The appraiser must be professionally engaged in making appraisals, a person licensed under IC 25-34.1, or an employee of the political subdivision who is familiar with the value of the tract. However, if the assessed value of a tract is less than six thousand dollars ($6,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the disposing agent is not required to have the tract appraised.
    (g) If, within ten (10) days after the date of publication of the notice under subsection (e), the disposing agent receives an eligible offer to purchase a tract listed in the notice at or in excess of the offering price, the disposing agent shall conduct the negotiation and sale of the tract under section 4(c) through 4(g) of this chapter.
    (h) Notwithstanding subsection (g), if within ten (10) days after the date of publication of the notice under subsection (e) the disposing agent does not receive from any person other than an abutting landowner an eligible offer to purchase the tract at or in excess of the offering price, the disposing agent shall conduct the negotiation and sale of the tract as follows:
        (1) If only one (1) abutting landowner makes an eligible offer to purchase the tract, then subject to section 16 of this chapter and without further appraisal or notice, the disposing agent shall offer to negotiate for the sale of the tract with that abutting landowner.
        (2) If more than one (1) eligible abutting landowner submits an offer to purchase the tract, the other eligible abutting landowners who submit offers shall be informed of the highest offer received and be given an opportunity to submit one (1) additional offer. The tract shall be sold to the eligible abutting landowner who submits the highest offer for the tract and who complies with any requirement under subsection (e)(2).
        (3) If no eligible abutting landowner submits an offer to purchase the tract, the disposing agent may sell the tract to any person who submits the highest offer for the tract, except a person who is ineligible to purchase the tract under section 16 of this chapter.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1174 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Neese


CR117401/DI 75    2011