AN ACT to amend the Indiana Code concerning professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
proceeds from the sale shall be paid into the county hospital fund with
the principal and interest on the fund to be used solely by the county
hospital for the purposes set forth in IC 16-22-5-3 (or IC 16-12.1-4-4
before its repeal on July 1, 1993). A sale of land or a building by a
county to the authority shall be authorized by the board of
commissioners by an order that shall be entered in the official records
of the board. The deed shall be executed on behalf of the county by the
board of county commissioners.
(c) (b) A contract entered into under this chapter for a public work
(as defined in IC 5-16-7-4) is subject to IC 5-16-7.
SECTION 2. IC 8-1.5-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4. Whenever the
municipal legislative body determines to sell or otherwise dispose of
nonsurplus municipally owned utility property, it shall by ordinance or
resolution, by a two-thirds (2/3) vote, provide for:
(1) the appointment of: three (3)
(A) one (1) disinterested freeholder residing in the
municipality; and
(B) two (2) disinterested appraisers licensed under
IC 25-34.1;
who are residents of Indiana;
(2) the appraisal of the property; and
(3) the time that the appraisal is due.
One (1) of the appraisers appointed under subdivision (1)(B) must
reside not more than fifty (50) miles from the property.
SECTION 3. IC 8-4-1-16 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 16. (a) A corporation formed under
this chapter is authorized to enter upon any land for the purpose of
examining and surveying its railroad line and may appropriate as much
land as is deemed necessary for its railroad, including necessary
side-tracks and water stations, materials for constructing, except
timber, a right-of-way over adjacent lands sufficient to enable the
company to construct and repair its road, and a right to conduct water
by aqueducts, and the right of making proper drains.
(b) The corporation shall deposit with the clerk of the circuit court
of the county where the land lies, a description of the rights and
interests intended to be appropriated. The land, rights, and interests
shall belong to the company, to use for the purpose specified, by
making or tendering payment as provided in this section.
(c) The corporation may, by its directors, purchase lands, materials,
rights-of-way, or interests of the owner of the land, or, in case the land
is owned by a mentally incompetent person or a person under eighteen
(18) years of age, at a price to be agreed upon by the guardian or parent
of the mentally incompetent person or person under eighteen (18) years
of age, if the land, material, right-of-way, or interest is appraised by the
court in which the description is filed. Upon agreement and approval,
the owner, guardian, or parent, as the case may be, shall convey the
premises purchased, in fee simple or otherwise, as the parties may
agree, to the railroad corporation. The deed, when made, shall be valid
in law.
(d) If the corporation does not agree with the owner of the land, or
with the owner's guardian, if the owner is incapable of contracting,
concerning the damages sustained by the appropriation, the corporation
shall deliver to the owner or guardian, if within the county, a copy of
the instrument of appropriation. If the owner or the owner's guardian,
in case the owner is incapable of contracting, is unknown or does not
reside within the county, the corporation shall publish, in a newspaper
of general circulation in the county, for three (3) weeks, an
advertisement, concerning the substance of the instrument of
appropriation.
(e) Upon filing an act of appropriation and delivery of a copy, or
making the publication, the circuit court in the county where the land
lies, upon the application of either party, shall appoint, by warrant:
three (3)
(1) one (1) disinterested freeholders freeholder of the county;
and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the damages which the
owner of the land may sustain by the appropriation. One (1) of the
appraisers appointed under subdivision (2) must reside not more
than fifty (50) miles from the land. The appraisers shall be duly
sworn. They shall consider the injury that the owner may sustain by
reason of the railroad. The appraisers shall return their assessment of
damages to the clerk of the court, setting forth the value of the property
taken or injury to the property which they assess to the owner, or
owners separately, to be filed and recorded by the clerk. The
corporation shall pay to the clerk the amount thus assessed, or tender
the amount to the party in whose favor the damages are awarded or
assessed.
(f) On making payment or tender in the manner required, it is lawful
for the corporation to hold the interests in the lands or materials
appropriated, and to use the materials on the roadway and within fifty
(50) feet on each side of the center of the roadway. The cost of the
award shall be paid by the corporation. On notice by any interested
party, the court may order payment and enforce the payment by
execution.
(g) The award of the arbitrators may be reviewed by the court in
which proceedings may be had, on written exceptions filed by either
party in the clerk's office within twenty (20) days after the filing of the
award. Notice of filing of the arbitrators' award shall be given by the
clerk of the court to all known parties to the action and their attorneys
of record by certified mail. The period of exceptions shall run from and
after the date of mailing. The court shall make an order as right and
justice may require by ordering a new appraisement on good cause
shown.
(h) Notwithstanding an appeal, the corporation may take possession
of the property described in the exceptions, and the subsequent
proceedings on the appeal only affect the amount of compensation to
be allowed. If, prior to the assessment, the corporation shall tender to
the owner (or the owner's guardian, if the owner is unable to contract)
an amount equal to the award that was made, exclusive of costs, the
costs of arbitration shall be paid equally by the corporation and the
owner or guardian.
SECTION 4. IC 8-4-10-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 1. (a) The owner or owners or their
lessees of lands, mills, blast-furnaces, quarries, iron ore, coal mines, or
other minerals, or other real estate or any company of persons who
desire to construct a lateral railroad, not exceeding ten (10) miles in
length, may locate and construct the lateral railroad to any other
railroad, canal, or slack-water navigation on, over, through, or under
any intervening lands. Their engineers, agents, artists, and assistants
may enter upon any intervening lands, doing no unnecessary damage,
and survey, mark, and lay out a route for the proposed lateral railroad.
(b) A person described in subsection (a) may present a petition to
the circuit court of the county in which the intervening lands are
situated that sets forth the beginning, course, distance, and termination
of the proposed lateral railroad, together with a map or profile of the
route, indicating the excavations and embankments on the route, and
designating, particularly, the name or names of the owner, owners,
occupant or occupants, and agent or agents of such intervening lands,
with a particular description of the same. The petition must be filed in
the court.
(c) After the petition is filed, the court shall appoint: three (3)
judicious and
(1) one (1) disinterested freeholders freeholder of the county;
and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana as viewers. One (1) of the appraisers
appointed under subdivision (2) must reside not more than fifty
(50) miles from the land.
(d) After five (5) days notice, to be given by the applicant to each of
the owners, occupants, or agents of the intervening lands, of the time
and place, and after being duly sworn to discharge their duties fairly
and honorably as viewers, the viewers shall view the proposed route as
marked and laid out for the railroad. They, or a majority of them, shall
assess the damages, if any, that may be sustained by the owners,
separately, of the intervening lands by reason of the location,
construction, and use of the proposed lateral railroad, and report the
assessment in writing to the clerk of the court immediately after the
assessments are made. The report shall be filed in the office of the clerk
of the court.
(e) If a party does not reject the report within twenty (20) days after
the filing of the report, by writing on the report "not accepted" and
signing the report, the report shall be confirmed by the court. If any
party rejects the report, the report shall stand for trial.
(f) At trial, the general denial to the petition and report shall be
taken as filed, and all matters of defense and reply may be given in
evidence under the general denial. The party rejecting the report has
the affirmative of the issues. The viewers or jury trying the cause shall,
in assessing damages, take into consideration the advantages that may
be derived by the owner or owners of the lands passed on, over,
through, or under by the proposed lateral road by its location and
construction.
(g) Upon the filing of the report by the viewers in the court, the
damages assessed by them shall be paid to the clerk, to be tendered to
the party in whose favor the damages are awarded or assessed.
(h) After payment or tender is made under this section, the person,
persons, or company of persons, and their lessees described in
subsection (a), may hold and take possession of the interests in the
intervening lands or materials appropriated, and the privileges of using
any materials on the roadway within fifty (50) feet on each side of the
center of the roadway for the use described in subsection (a).
(i) The costs of the assessments by the viewers and the costs in case
of trial shall be paid as in other cases.
SECTION 5. IC 8-4-12-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 2. Any company that now is or that
may be organized under the general laws of this state providing for the
incorporation of railroad companies may complete any such abandoned
road or part thereof, and shall, for such purpose, be invested with all
the rights, privileges, interests, rights of way, franchises, properties,
and immunities of such derelict railroad company, and shall proceed to
construct the same, as is hereafter provided. Provided, However, That
before any such new company shall succeed to said rights, privileges,
interests, rights of way, franchises, properties and immunities, and
before it shall proceed to complete such road or part of such road, the
value of the same shall be ascertained by: three (3)
(1) one (1) disinterested freeholders freeholder residents in any
county through which the line of such the road may run; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana, one (1) of whom shall be selected by
said new company, and one (1) by the old company, or the assignee or
purchaser of the franchises thereof, and the other by the auditor of such
county. and these three (3) One (1) of the appraisers described under
subdivision (2) must reside not more than fifty (50) miles from the
property. The freeholder and the two (2) appraisers appointed
under subdivisions (1) and (2) shall constitute a board of appraisers;
and in the event that the said old company, or the assignee or purchaser
of the franchises thereof, shall fail or refuse, upon request, to name
such appraiser, then he the appraiser shall be named by the said
auditor. Such board of appraisers shall take an oath to faithfully
discharge their duties, and make a true and impartial appraisement of
such rights, privileges, interests, rights of way, franchises, properties
and immunities. Such board shall report their appraisement to said
auditor, and, upon the payment of the same by such new company to
the treasurer of such county, it shall succeed to and be invested as
aforesaid. Provided, That Nothing in this chapter shall authorize or
permit any railroad company which has constructed and is operating its
road to change its line of road from that now used and occupied so as
to avoid any point named in their charter or articles of association.
SECTION 6. IC 8-6-2.1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. (a) When the land
or any part of it is to be acquired by purchase, the resolution shall also
state the maximum proposed cost, and the board may at any time prior
to the adoption of the resolution obtain from the owner or owners of the
land an option for its purchase, or the board may enter into a contract
for the purchase of it the land upon the terms and conditions it the
board considers best. The option or contract is subject to final
confirmation or rescission of the resolution, and subject further to the
condition that the land be paid for only out of the special fund resulting
from the sale of grade separation district bonds and the collection of
benefit assessments, or out of funds coming to the city from equitable
settlements between the parties. If the board desires to acquire any lots
or parcels of land by purchase, it shall appoint: three (3)
(1) one (1) freeholders freeholder residing in the city, or in the
county in which the city is located; and
(2) two (2) appraisers licensed under IC 25-34.1;
who are residents of Indiana, who are not interested in any land to be
acquired or in land which may incur local benefits under such
resolution, to appraise the value of the land. One (1) of the appraisers
appointed under subdivision (2) must reside not more than fifty
(50) miles from the property. The appraisers shall take an oath that
they have no interest in the matter and that they will honestly and
impartially make the valuation. The appraisers shall then proceed to
view the land and consider and determine its true market value at that
time.
(b) The appraisers shall submit a written report of their
appraisement to the board and the report shall be filed with and become
a part of the record of the proceeding. The board may not exercise any
option on the land or enter into a contract to purchase the land at a
higher price than the value named in the report.
SECTION 7. IC 8-9.5-7-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 17. (a) This section
provides for the assessment of benefits and damages to property within
the automated transit district. For the purpose of providing all or part
of the cost of payment of principal and interest on bonded
indebtedness, and expenses of planning, construction, operation,
maintenance, and repair of the automated transit system and related
parking facilities and services after the completion of the same,
including as a part of such cost the general expenses of the
commission, the commission may make an annual assessment of
benefits and damages. The assessment shall be against the site value of
the lands only.
(b) The commission shall annually prepare a schedule which
describes each tract of land in the district that it determines to be
benefited by the automated transit system, and states the percentage of
the total benefit that is received by each tract of land. In order to
prepare this schedule, the commission shall appoint three (3)
disinterested persons, who are licensed real estate brokers or
appraisers licensed under IC 25-34.1 who are residents of Indiana,
as appraisers to make an examination of the property within the
improvement district. One (1) of the persons appointed under this
subsection must reside not more than fifty (50) miles from the
property. Upon request from the appraisers, the commission may
retain or employ qualified personnel to render any necessary technical
or consulting assistance, and may supply the appraisers with any
information available or obtainable which will assist in making the
assessment. Upon such examination, such appraisers shall make an
assessment of all special benefits and damages, if any, which will
accrue from the construction and operation of the automated transit
system, as to each parcel of real estate. All property within the district
(or owned or operated by the district), except common green areas,
shall be conclusively presumed to be benefited by the existence of the
district to the extent determined under this section as its assessed
benefit. A copy of the roll of all owners of real estate, signed by all
three (3) appraisers, showing the assessment of benefits and damages,
if any, shall be filed by the appraisers with the commission not less
than thirty (30) days after their appointment, unless the commission
shall extend the time.
(c) Promptly after the filing of an assessment, the commission shall
cause a notice to be mailed, by United States mail, first class postage
prepaid, to each owner of real estate to be assessed. The notices shall
be deposited in the mail twenty-one (21) days before the hearing date,
shall set forth the amount of the proposed assessment, shall state that
the proposed assessments on each parcel of real estate in the district are
on file and can be seen in the office of the commission, and shall set
forth the date when the commission will, at its office, receive written
remonstrances against the assessment on the parcel and hear all owners
of real estate assessed who have filed written remonstrances prior to
the date fixed for the hearing. It shall be sufficient if the notices to the
owners are addressed as the names and addresses appear upon the tax
duplicates in the records of the county auditor.
(d) At the time so fixed in such notice, the commission shall hear all
owners of real estate assessed who have filed written remonstrances
prior to the date of the hearing. The hearing may be continued from
time to time as long as may be necessary to hear such owners.
(e) The commission shall complete such assessment roll by
rendering its decision by increasing, or decreasing, or by confirming
each assessment by setting opposite each name, parcel and appraisers'
assessment, the amount of the assessment as determined by the
commission. If the total of the assessments exceeds the amount needed,
the commission shall further make pro rata reduction in each
assessment. The signing of such roll by a majority of the commission
members, and the delivery thereof to the fiscal officer of the city shall
constitute a final and conclusive determination of the benefits or
damages, if any, assessed. However, any owner who had previously
filed a written remonstrance as provided in this section with the board
or any owner whose assessment was increased above the amount fixed
by the appraisers, whether he filed such a written remonstrance or not,
may appeal. Such appeal shall be taken as provided in IC 34-13-6, and
shall proceed to trial, hearing, and final judgment in the manner and
with the effect as provided in IC 34-13-6 as to all parties.
(f) If the final determination of the commission results in the total
funds being inadequate to cover the cost of the improvement, the
deficiency may be supplied by other sources as provided in this
chapter.
(g) Each assessment shall be a lien on the real estate assessed,
second only to taxes levied on such property.
(h) The commission shall annually transmit to the county auditor the
schedule of assessment of benefits. The county auditor shall enter the
assessment of benefits on the tax duplicates, and the county treasurer
shall collect and enforce the amount of the assessed benefit in the same
manner as property taxes are entered, collected, and enforced.
(i) The county treasurer charged with the duty of collecting such
taxes shall, between the first and tenth days of each month, notify the
commission of the amount of such special taxes collected during the
preceding month, and upon the date of notification above referred to
such county treasurer shall credit the amount so collected to a fund of
such district to be designated as the "____________________
Automated Transit District Fund", and such fund shall be used and
expended for no other purpose than as stated in this section. The
commission shall have full, complete, and exclusive authority to
expend for and on behalf of the district all sums of money thus realized.
The commission may, by resolution, authorize and make temporary
loans in anticipation of the collection of the special benefit taxes
actually levied and in the course of collection under this section, which
loans shall mature and be paid within the year in which made, and shall
bear interest payable at the maturity of the loan. Such temporary loans
shall be evidenced by warrants.
SECTION 8. IC 10-18-2-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 16. (a) A county
executive, acting jointly with the board of public works of a city
located in the county to acquire grounds, real property, and interests in
real property, by purchase or condemnation for any of the purposes
authorized by this chapter, may proceed under IC 32-24, together with
all the powers of eminent domain granted under this chapter.
(b) Before a county executive may purchase real property or
interests in real property, by the county, jointly by the county and a city
located in the county, by the county executive or board of trustees, as
provided in section 11 of this chapter, or by the county executive acting
jointly with the board of public works of any city located in the county,
the county executive must (1) have the real property appraised at its
true cash value by at least: three (3)
(1) one (1) disinterested freeholders freeholder of the county;
and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana. One (1) of the appraisers described
in subdivision (2) must reside not more than fifty (50) miles from
the property. The county executive may not pay more than the
appraised value for any real property and interests in real property.
(c) If an owner refuses to sell real property at the appraised value,
the property must be acquired by condemnation. If a county acts alone,
an attorney representing the county shall conduct all the legal
proceedings necessary in the purchase or condemnation of real
property. The legal department of a city and an attorney representing
the county, if the county and city act jointly under this chapter, shall
conduct all the necessary legal proceedings, without additional
compensation, for the purchase or condemnation of real property.
(d) If a county acquires real property for any of the purposes
provided for by this chapter or joins with a city located in the county in
the acquisition of real property for any of the purposes provided for in
this chapter, the county, acting by and through its county executive, or
the county, by and through its county executive acting jointly with any
city located in the county, by and through its board of public works,
with the approval of the mayor, may sell the buildings and
improvements on the real property.
(e) The net rent or proceeds of the sale of the building and
improvements on the real property at a war memorial, if the real
property was acquired by the county, shall be added to and become a
part of the county world war memorial fund. If the real property was
acquired by the county and any city located in the county jointly, the
rent and proceeds of sale shall be added to the county world war
memorial fund and the city world war memorial fund in the same
proportions that the city and county contributed to the acquisition of the
real property, buildings, and improvements, or the county.
(f) The county and a city located in the county acting jointly, as
provided in this chapter, may convey any real property acquired to the
state. The contract with the state must provide for the rent of buildings
and improvements on real property, until necessary to remove the
buildings and improvements, and for the sale of the buildings and
improvements if the real property is needed by the board of trustees for
world war memorial and other public purposes. The contract must
provide how the net rent or proceeds will be applied.
(g) If a county institutes proceedings to condemn any real property
or interests in real property or other property under this chapter, the suit
must be brought:
(1) in the name of the county;
(2) by an attorney representing the county; and
(3) at the direction of the county executive.
(h) If the joint condemnation of real property under this chapter is
by a county and by a city located in the county, the suit must be brought
in the name of the county, as provided in this section, and in the name
of the city by its legal department, without additional compensation, at
the direction of the board of public works. The county, or the county
and the city jointly, may:
(1) join in one (1) action naming as defendants the owners and all
persons interested in one (1) or more tracts of real property to be
condemned; or
(2) institute proceedings to condemn separate tracts of real
property.
SECTION 9. IC 10-18-4-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 13. (a) The board of
public works of a city, acting for the city or acting jointly with the
board of commissioners of the county in which the city is located, may
proceed under IC 32-24 and has all powers of eminent domain granted
in this chapter or any other statute to acquire interests in real property
by purchase or condemnation for any of the purposes authorized by this
chapter.
(b) Before the board of public works may purchase an interest in
real property, either by the city or jointly by the city and the county in
which it is located:
(1) the board of public works;
(2) the board of trustees, as provided in section 12 of this chapter;
or
(3) the board of public works acting jointly with the board of
commissioners of the county in which the city is located;
must have the real property appraised at its true cash value by at least
three (3) one (1) disinterested freeholders freeholder of the city and
two (2) disinterested appraisers licensed under IC 25-34.1 who are
residents of Indiana and may not pay more than the appraised value
for any interest in real property. One (1) of the licensed appraisers
must reside not more than fifty (50) miles from the property. If an
owner refuses to sell the owner's interest in real property at the
appraised value, the interest in real property must be acquired by
condemnation. The legal department of the city shall conduct all
necessary proceedings for the purchase or condemnation of an interest
in real property by the city and county jointly, for any purpose under
this chapter, without additional compensation.
(c) If a city institutes proceedings to condemn an interest in real
property under this chapter, the suit must be brought in the name of the
city by the legal department of the city, without additional
compensation, at the direction of the board of public works. If there is
a joint condemnation of an interest in real property by a city and the
county in which it is located, the suit must be brought in the name of
the city as provided in this section and in the name of the county, by an
attorney representing the county, at the direction of the board of county
commissioners of the county. The city or the city and county jointly
may:
(1) join in one (1) action as defendants the owners and all persons
interested in one (1) or more interests in real property to be
condemned; or
(2) institute proceedings to condemn separate interests in real
property.
SECTION 10. IC 16-22-6-26 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 26. (a) A county
desiring to erect or renovate a building on land owned or to be acquired
by the county may sell land or a building, or both to the authority.
Before the sale may take place, the county executive, with the approval
of the county fiscal body, shall file a petition with the circuit court of
the county requesting the appointment of: three (3)
(1) one (1) disinterested freeholders freeholder of the county as
appraisers an appraiser; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to determine the fair market value of the
land and buildings. One (1) of the appraisers described under
subdivision (2) must reside not more than fifty (50) miles from the
land. The appraisers shall fix the fair market value of the land and
buildings and report not more than two (2) weeks after the date of the
appraisers' appointment. The county may sell the land and buildings to
the authority for an amount not less than the amount fixed as the fair
market value by the appraisers. The amount shall be paid in cash upon
delivery of the deed by the county to the authority.
(b) If a cumulative building fund exists at the time of the sale under
IC 16-12-16 (before its repeal on July 1, 1993), IC 16-12.1-4-4 (before
its repeal on July 1, 1993), or IC 16-22-5, the proceeds from the sale
shall be placed in the fund. If a cumulative building fund does not exist
at the time of the sale, the proceeds from the sale shall be paid into the
county hospital fund and the principal and interest shall be used for the
purposes set forth in IC 16-22-5. A sale of land or buildings, or both,
by a county to the authority shall be authorized by the county executive
by an order entered in the official records of the county executive. The
deed shall be executed on behalf of the county by the county executive.
SECTION 11. IC 16-22-7-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 29. (a) The city
hospital, city, or county desiring to erect buildings on land owned or
acquired by the city hospital, city, or county may lease land to the
authority for a nominal rental for the same period, including renewal
periods, that the lessee proposes to lease the particular land or
buildings to be constructed from the authority. The city hospital, city,
or county may grant an option to the authority to purchase the land not
more than six (6) months after the expiration of the lease from the
authority on the land or buildings if the city hospital or lessee does not
exercise an option to purchase the buildings within the terms of the
lease. If the option price on the land is not fixed in the original lease,
the price shall be determined by an appraisal made by: three (3)
(1) one (1) disinterested freeholders freeholder residing in the
county; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana appointed by the judge of the circuit
court. One (1) of the appraisers appointed under subdivision (2)
must reside not more than fifty (50) miles from the land.
(b) A lease of land by the city hospital, city, or county must be
authorized by the city legislative body, the county executive, or
governing board of the hospital, respectively, and a resolution, an
order, or an ordinance must be entered in the official records of the
governing body. Authorization may be given before or concurrently
with the authorization of the lease from the authority to the lessee. The
authorization to lease land to the authority is contingent upon the
authorization to lease land from the authority. The lease to the authority
shall be executed on behalf of the following:
(1) The city by the city executive and the recording officer.
(2) The county by the county executive and auditor.
(3) The authority by the president or vice president and secretary
of the governing board.
SECTION 12. IC 16-22-7-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 30. (a) The city
hospital, city, or county desiring to have buildings erected on land
owned or acquired by the city hospital, city, or county may sell the land
to the authority. Before the sale may take place, the legislative body of
the city, the governing board of the hospital, or executive of the county
having authorized the sale shall file a petition with the circuit court of
the county requesting the appointment of: three (3)
(1) one (1) disinterested freeholders freeholder of the county as
appraisers an appraiser; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to determine the fair market value of the
land. One (1) of the appraisers appointed under subdivision (2)
must reside not more than fifty (50) miles from the land. Upon
appointment, the appraisers shall fix the fair market value of the land
and shall report not more than two (2) weeks after the date of the
appraisers' appointment. The city hospital, city, or county may sell the
land to the authority for an amount not less than the amount fixed as
the fair market value by the appraisers. The amount may be paid from
proceeds of bonds of the authority.
(b) The city legislative body must authorize the sale of land owned
by the city by resolution or ordinance and the deed shall be executed by
the city executive and city clerk.
(c) The governing board must authorize the sale of land owned by
the city hospital by resolution and the deed shall be executed by the
president or vice president and the secretary of the governing board.
(d) The county executive must authorize the sale of land owned by
the county by resolution or order, and the deed shall be executed by the
county executive and the county auditor.
SECTION 13. IC 20-23-6-9, AS AMENDED BY HEA 1134-2006,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 9. (a) When any:
(1) school town;
(2) school city;
(3) school township;
(4) joint school; or
(5) consolidated school;
has become consolidated by resolution or election and the new
governing body has been appointed and legally organized, the former
school township, school town, school city, joint school, or consolidated
school is considered abandoned.
(b) All school:
(1) property;
fair market value by the three (3) appraisers, which shall be paid
in cash upon delivery of the deed by the school corporation to the
lessor corporation. However, if the land was acquired by the
school corporation within three (3) years immediately preceding
the date of the filing of the petition with the circuit court, the land
may not be sold for an amount less than the amount paid by the
school corporation for the land.
SECTION 16. IC 20-47-3-13, AS ADDED BY HEA 1134-2006,
SECTION 170, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2006]: Sec. 13. The lessor corporation shall
acquire, own, and hold in fee simple the land on which a school
building or buildings are to be erected under this chapter. A school
corporation that proposes to lease a school building, either alone or
jointly with another school corporation, and owns the land on which it
desires to be erected the building or buildings may sell and transfer that
land to the lessor corporation in fee simple, subject to the following
conditions:
(1) Before the sale may take place, the governing body of the
school corporation must file a petition with the circuit court of the
county in which the school corporation is located, requesting the
appointment of: three (3)
(A) one (1) disinterested freeholders freeholder of the school
corporation as appraisers an appraiser; and
(B) two (2) disinterested appraisers licensed under
IC 25-34.1;
who are residents of Indiana to determine the fair market value
of the land. One (1) of the appraisers described in clause (B)
must reside not more than fifty (50) miles from the land.
(2) Upon appointment, the three (3) appraisers shall proceed to fix
the fair market value of the land and shall report the amount fixed
to the circuit court within two (2) weeks after the appointment.
(3) The school corporation may sell the land to the lessor
corporation for an amount not less than the amount fixed by the
three (3) appraisers as the fair market value, which shall be paid
in cash upon delivery of the deed by the school corporation to the
lessor corporation. However, if the land was acquired by the
school corporation within three (3) years immediately preceding
the date of the filing of the petition with the circuit court, the land
may not be sold for an amount less than the amount paid by the
school corporation for the land.
SECTION 17. IC 23-4-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. Such surviving
partner or partners, within sixty (60) days after such death, shall
proceed to make a full, true, and complete inventory of the estate,
goods, chattels, rights, credits, moneys, and effects within his or their
the knowledge of the partner or partners, and shall cause the same
to be appraised by:
(1) two (2) competent freeholders or landholders of the
neighborhood, one (1) disinterested freeholder of the county;
and
(2) one (1) disinterested appraiser licensed under IC 25-34.1;
who are residents of Indiana, one (1) of whom shall be selected by
the surviving partner or partners and the other by the clerk of the court
having probate jurisdiction, making a full and complete schedule
thereof; which said schedule and appraisement shall be sworn to by
said appraisers before the clerk of such court, specifying that the
property described in said schedule is appraised at its true cash value;
which schedule shall, by said appraisers, be filed in the office of the
clerk of the court having probate jurisdiction, immediately after the
completion thereof.
SECTION 18. IC 23-14-69-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) When a township
acquires title to land by donation, purchase, or otherwise for a public
cemetery, the trustee of the township shall:
(1) lay out the land in lots with streets and walks;
(2) plat the land; and
(3) record the plat in the office of the recorder of the county.
(b) For recording a plat under subsection (a), the recorder shall
collect the same fees as are allowed for similar recordings.
(c) The lots laid out and platted under subsection (a) must be
numbered. A specific part of the lots must be:
(1) set apart; and
(2) designated on the plat;
for a potter's field.
(d) After the plat has been recorded, the township trustee shall
appoint: two (2)
(1) one (1) freeholders disinterested freeholder of the township;
and
(2) one (1) disinterested appraiser licensed under IC 25-34.1;
who are residents of Indiana to appraise and fix the value of all the
lots on the plat, except the part assigned to the potter's field under
subsection (c). The appraisal shall be filed with and preserved by the
township trustee.
SECTION 19. IC 32-24-1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 7. (a) The notice, upon
its return, must show its:
(1) service for ten (10) days; or
(2) proof of publication for three (3) successive weeks in a weekly
newspaper of general circulation printed and published in the
English language in the county in which the property sought to be
acquired is located.
The last publication of the notice must be five (5) days before the day
set for the hearing.
(b) The clerk of the court in which the proceedings are pending,
upon the first publication of the notice, shall send to the post office
address of each nonresident owner whose property will be affected by
the proceedings a copy of the notice, if the post office address of the
owner or owners can be ascertained by inquiry at the office of the
treasurer of the county.
(c) The court, being satisfied of the regularity of the proceedings
and the right of the plaintiff to exercise the power of eminent domain
for the use sought, shall appoint: three (3)
(1) one (1) disinterested freeholders freeholder of the county;
and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to assess the damages, or the benefits
and damages, as the case may be, that the owner or owners severally
may sustain, or be entitled to, by reason of the acquisition. One (1) of
the appraisers appointed under subdivision (2) must reside not
more than fifty (50) miles from the property.
SECTION 20. IC 32-24-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. Upon filing the
petition, the attorney general shall provide the owners of the property
the notice required by law in the commencement of a civil action. It is
sufficient to make defendants to the petition all persons who are in
possession of the property and those who appear to be the owners or to
have any interest in the property by the tax duplicates and the records
in the offices of the auditor and recorder of the county. After notice has
been given, the court shall appoint: three (3)
(1) one (1) disinterested resident freeholders freeholder of the
county where the property is located; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to appraise the value of the property.
One (1) of the licensed appraisers appointed under this subsection
must reside not more than fifty (50) miles from the land or
building.
from the land or building. The appraisers shall fix the fair market
value of the land or building and report their decision within three (3)
weeks after their appointment. The eligible entity may then sell the
land or building to the authority for an amount not less than the fair
market value fixed by the appraisers, which amount may be paid from
proceeds of bonds of the authority.
SECTION 22. IC 36-9-38-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 25. A person appointed
as an appraiser under this chapter must be:
(1) a disinterested licensed real estate broker; or
(2) a disinterested licensed appraiser under IC 25-34.1.
SECTION 23. IC 36-10-10-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18. (a) A city desiring
to have a convention center erected on land owned or to be acquired by
it may sell or lease the land to the authority. The land may be leased at
a nominal lease rental, but the term of the lease may not be less than
the term of the lease of the convention center to the city.
(b) Before a sale may take place, the city executive, with the
approval of the city legislative body, shall file a petition with the circuit
court of that county requesting the appointment of: three (3)
(1) one (1) disinterested freeholders freeholder of the city as
appraisers an appraiser; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to determine the fair market value of the
land. One (1) of the appraisers described under subdivision (2)
must reside not more than fifty (50) miles from the land. Upon their
appointment, the appraisers shall fix the fair market value of the land
and report within two (2) weeks from the date of their appointment.
The city may then sell the land to the authority for an amount not less
than the amount fixed as the fair market value by the appraisers, the
amount to be paid in cash upon delivery of the deed by the city to the
authority. A sale of land by a city to the authority shall be authorized
by the city executive and city legislative body by ordinance, which
shall be entered in the official records of the legislative body. The deed
shall be executed on behalf of the city by the executive and attested by
the city clerk.
SECTION 24. IC 36-12-10-10, AS ADDED BY P.L.1-2005,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 10. (a) The lessor corporation shall hold in fee
simple the real property on which the library building or buildings
exists or will be constructed. A public corporation or corporations
proposing to lease the library building or buildings, either alone or
jointly with another public corporation that owns the property, may sell
the property to the lessor corporation in fee simple.
(b) Before a sale under this section may take place, the governing
authority of the public corporation shall file a petition with the circuit
court of the county in which the public corporation is located
requesting the appointment of: three (3)
(1) one (1) disinterested freeholders freeholder of the public
corporation as appraisers an appraiser; and
(2) two (2) disinterested appraisers licensed under IC 25-34.1;
who are residents of Indiana to determine the fair market value of the
real property. One (1) of the appraisers described under subdivision
(2) must reside not more than fifty (50) miles from the property.
Upon their appointment, the three (3) appraisers shall fix the fair
market value of the real property and report this amount to the circuit
court not later than two (2) weeks from the date of their appointment.
The public corporation may then sell the real property to the lessor
corporation for an amount not less than the amount fixed as the fair
market value by the appraisers. The amount shall be paid in cash upon
delivery of the deed by the public corporation to the lessor corporation.