CHAPTER 7. PROPERTY AND EMINENT DOMAIN
IC 20-26-7
Chapter 7. Property and Eminent Domain
IC 20-26-7-1
Sale of unneeded property; disposition of proceeds
Sec. 1. (a) If a governing body of a school corporation determinesthat any real or personal property:
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, beexchanged for other property;
the governing body may sell or exchange the property in accordancewith IC 36-1-11.
(b) Money derived from the sale or exchange of property underthis section shall be placed in any school fund:
(1) established under applicable law; and
(2) that the governing body considers appropriate.
(c) A governing body may not make a covenant that prohibits thesale of real property to another educational institution.
As added by P.L.1-2005, SEC.10. Amended by P.L.234-2007,SEC.227.
IC 20-26-7-2
Property damage; insurance proceeds
Sec. 2. A governing body of a school corporation may depositinsurance proceeds received as a result of damage to real or personalproperty 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
Conveyance of civic building or property authorized
Sec. 3. Any building or other property owned by a civil townshipmay be conveyed to the corresponding school township in themanner prescribed in section 4 of this chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-4
Petition and procedure for conveyance or transfer of civic buildingor property
Sec. 4. (a) To transfer or convey a building or other property froma civil township to the corresponding school township, a petition maybe filed with the board of commissioners of the county in which thecivil township is located that:
(1) asks for the conveyance or transfer of the building or otherproperty;
(2) describes the nature of the building or other property to beconveyed or transferred; and
(3) contains the reasons for the conveyance or transfer.
(b) A petition must be: (1) signed by a majority of the legal voters residing in the civiltownship; and
(2) filed in the office of the county auditor.
When the petition is filed, the petitioners shall give a bond, withgood and sufficient freehold sureties, that is payable to the state,approved by the board of county commissioners, and conditioned topay all expenses if the board of county commissioners does notauthorize the proposed conveyance or transfer.
(c) After a petition is filed, the county auditor shall give notice ofthe filing of the petition by publication once a week for two (2)consecutive weeks in one (1) newspaper printed and published in thecounty and of general circulation in the county in which the civiltownship is located.
(d) The board of commissioners shall:
(1) hear the petition at the next regular meeting and on the daydesignated in the notice; and
(2) determine all matters concerning the petition.
If the board is satisfied as to the propriety of granting the petitioners'request, the board shall make a finding to that effect and the trusteeof the civil township shall convey the building or other propertybelonging to the civil township to the corresponding schooltownship. The school township shall hold, control, and manage thebuilding or other property. Expenses incurred in the conveyance ofthe property, if the conveyance is authorized, shall be paid out of thegeneral funds of the civil township.
As added by P.L.1-2005, SEC.10.
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) mayconvey property owned by the school corporation to a civil city orother political subdivision for civic purposes if:
(1) the governing body adopts a resolution recommending thetransfer and conveyance of the school property;
(2) the civil city or political subdivision agrees to accept theschool property;
(3) the governing body executes a deed for the school property;and
(4) the conveyance is not for payment or other consideration.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-6
Property acquired by conditional gift or bequest; annexation
Sec. 6. A school corporation that acquires any real property bygift, devise, or bequest shall hold, use, and dispose of the realproperty under the terms and conditions imposed by the donor ortestator.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-7 Property acquired by unconditional gift or bequest; expenditure ofprincipal and interest
Sec. 7. (a) If a common school corporation has acquired oracquires any personal property or real estate by gift, devise, orbequest concerning which the donor or testator, at the time of makingthe gift, bequest, or devise, does not include conditions or directionsconcerning the gift, bequest, or devise inconsistent with this section,the principal of the gifts, devises, and bequests is inviolate, but theinterest, rents, incomes, issues, and profits thereof may be expendedby the school corporation. The interest, rent, incomes, issues, andprofits may not be devoted:
(1) to the payment of any obligation of the corporation incurredbefore the property was acquired;
(2) to the payment of the salaries or wages of:
(A) teachers of the branches commonly and generally taughtin the public schools; or
(B) school or library officers or employees; or
(3) to purchase ordinary school furniture or supplies of thecharacter required by the corporation to be paid for from thecurrent income or revenue coming to it from taxes or byoperation of law.
However, the interest, rents, incomes, issues, and profits may bedevoted to any public educational or public library or similar purposefor which the managing board or trustee of the corporation believesadequate financial provision has not been made by law.
(b) If:
(1) the board or trustee desires to invest the principal of the gift,devise, or bequest in the erection or equipping, or both, of abuilding to be devoted to a special use of a public educationalor library character; and
(2) the expressed will of the donor or testator will not beviolated;
the principal may be used for that purpose, notwithstanding any otherprovision of this chapter. This subsection may not be construed topermit its use for the building or equipping of buildings for ordinarygraded or high schools.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-8
Appointment of trustees to manage property acquired by gift orbequest
Sec. 8. (a) If the board of trustees or school commissioners of acorporation governed by sections 6 through 9 of this chapter desires:
(1) to appoint one (1) or more trustees to hold the title to anyproperty, real or personal, acquired by the board orcommissioners in the manner mentioned in sections 6 through9 of this chapter, unless the wish and will of the donor ortestator would be violated; and
(2) to invest the principal and pay over only the net interest,rents, issues, incomes, and profits of the fund to the school
corporation for use as provided in sections 6 through 9 of thischapter;
the school corporation may name and appoint one (1) or moretrustees and to vest in the trustees the title to the property, subject totrust and powers as the school corporation may impose, notinconsistent with the expressed wish or will of the donor or testatoror this chapter applicable to the property if a transfer to a trustee hasnot been made.
(b) However, if:
(1) the managing board of the school corporation consists ofless than three (3) persons; and
(2) the school corporation elects to have the property held andmanaged by trustees;
the corporation shall establish the terms of the trust and make theconveyance, and the judge of the circuit court of the county in whichthe 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 acquiredby gift or bequest
Sec. 9. (a) It is the main purpose of this chapter that the identityof the principal of gifts, bequests, and devises to the state's publicschools may not be lost and that the income from investment of thegifts, bequests, and devises shall be used in giving students the publiceducation and library advantages that could not be enjoyed if onlythe school and library revenue and income provided by law wereavailable.
(b) Sections 6 through 9 of this chapter may not be construed asa limitation against the investment and reinvestment either by theschool corporation itself or the trustees appointed under section 8 ofthis chapter, as the safety of the fund or the best interests of therecipient school corporation require.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-10
Gifts or conveyances conditioned on matching public funds; bondissue authorized
Sec. 10. (a) If a person gives or bequeaths to trustees an amountof money that exceeds five thousand dollars ($5,000) to erect apublic school building or seminary in any unincorporated town, andupon the express or implied condition contained in the gift or bequestthat an equal amount shall be raised by the citizens of the town ortownship for a like purpose, the township trustee of the township inwhich the town is located shall, upon the petition of a majority of thelegal voters of the township, prepare, issue, and sell the bonds of thetownship to secure a loan of not more than fifteen thousand dollars($15,000), in anticipation of the revenue for special school purposes,to comply with the condition attached to the gift or devise. The bonds
must bear a rate of interest of not more than seven percent (7%) perannum, payable at such time, within seven (7) years after the date, asthe trustee determines.
(b) Notwithstanding subsection (a), until all the bonds of any one(1) issue have been redeemed:
(1) the township trustee may not make another issue; and
(2) bonds may not be sold at a less rate than ninety-five cents($0.95) on the dollar.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-11
Bond issue petition
Sec. 11. The whole number of votes cast for candidates forCongress at the last preceding congressional election in the townshipis considered to be the whole number of legal voters of the township.A majority of the names of these legal voters must be signed to thepetition presented to the township trustee, to which petition shall beattached the affidavit or affidavits, as the trustee considers necessary,of a competent and credible person or persons that the signatures ofall the names to the petition are genuine and that the persons whosigned the petition are, as the trustee believes, legal voters of thetownship.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-12
Recording and preservation of bond issue petition; bond issuance
Sec. 12. (a) The township trustee shall:
(1) record the petition and the attached names in the recordbook of the township; and
(2) file and preserve the petition, entering into the record thedate and time the petition was filed.
(b) If the township trustee is satisfied that the petition contains thenames of a majority of the legal voters of the township, the townshiptrustee shall prepare, issue, and sell bonds of the amount listed in thepetition, as provided in section 10 of this chapter.
(c) The township trustee shall accurately keep a record of allproceedings concerning:
(1) the issue and sale of the bonds;
(2) to whom and for what amount the bonds are sold;
(3) the rate of interest; and
(4) the time when the bonds become due.
As added by P.L.1-2005, SEC.10.
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, mayfile a petition in the circuit court of the county asking for theappointment of appraisers to appraise and assess the value of the realestate.
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 ofthis chapter, the court shall appoint:
(1) one (1) disinterested freeholder residing in the schoolcorporation 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 thereal 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, theappraisers shall take an oath before the clerk of the court to make afair, true, and honest appraisement of the real estate.
(b) After taking the oath under subsection (a), the appraisers shallexamine the real estate, hear evidence they consider necessary, andmake 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 townshiptrustee or school trustees of the school corporation, or a majority ofthem, may pay to the clerk of the court, for the use of the owner orowners of the real estate, the amount assessed.
(d) When the payment is made under subsection (c) and thepayment is shown to the court hearing the cause:
(1) the title to the real estate vests immediately in the schoolcorporation or school township for school purposes;
(2) the court shall cause the real estate to be conveyed to theschool corporation or school township by a commissionerappointed for that purpose; and
(3) the school corporation or school township may immediatelytake possession of the real estate for the purpose.
(e) When the report of the appraisers is filed, any party to theaction, not later than ten (10) days, may except to the amount of theappraisement and valuation of the real estate and a trial may be hadon the exception before the court as other civil causes are tried. Thecourt shall fix the amount of the appraisement and assessment, andany party to the action may appeal the judgment of the court as othercivil cases are appealed. (f) If the township trustee or school trustees, or a majority ofthem, except to the amount of the appraisement and assessment:
(1) the court shall convey the real estate to the schoolcorporation or school township;
(2) the title to the real estate vests immediately in the schoolcorporation or school township for the purposes; and
(3) subsequent proceedings upon the exceptions affect only theamount of the appraisement and assessments.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-16
Eminent domain; offer of reasonable value to owners beforepetition; costs of subsequent action
Sec. 16. Before the filing of the petition, the township trustee orschool trustees, or a majority of them, may offer or tender to theowner or owners of the real estate an amount considered a reasonablevalue for the real estate. If the amount fixed by the appraisers or bythe court later becomes the same or less than the amount tendered:
(1) the cause shall be prosecuted at the cost of the owner orowners of the real estate; and
(2) upon exception to the amount fixed by the appraisers, if theexceptor does not increase the amount of the appraisement andassessment, the action on the exception shall be at the cost ofthe exceptor.
If an amount has not been tendered by the township trustee or schooltrustees, or a majority of them, and an exception is not taken, theaction 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 schoolpurposes; 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) An existing building, other than a building obtained underIC 5-17-2 (before its repeal) or IC 4-13-1.7, permitting the purchaseof suitable surplus government buildings, may not be purchased foruse as a school building unless the building was originallyconstructed for use by the school corporation and used for thatpurpose for at least five (5) years preceding the acquisition asprovided in this section through section 19 of this chapter.
(c) Notwithstanding this section through section 19 of this chapterlimiting the purchase of school buildings, a school corporation may:
(1) purchase suitable buildings or lands, or both, adjacent toschool property for school purposes; and
(2) improve the buildings or lands, or both, after giving noticeto the taxpayers of the intention of the school corporation topurchase.The taxpayers of the school corporation have the same right ofappeal under the same procedure as provided for in IC 6-1.1-20-5through IC 6-1.1-20-6.
As added by P.L.1-2005, SEC.10. Amended by P.L.146-2008,SEC.466.
IC 20-26-7-18
Authorization of bonds for purchase or improvement of propertyand buildings; issuance procedure
Sec. 18. A school corporation may issue and sell bonds under thegeneral statutes governing the issuance of bonds to purchase andimprove buildings or lands, or both. All laws relating to approval (ifrequired) in a local public question under IC 6-1.1-20, the filing ofpetitions, remonstrances, and objecting petitions, giving notices ofthe filing of petitions, the determination to issue bonds, and theappropriation of the proceeds of the bonds are applicable to theissuance 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.
IC 20-26-7-19
Authorization of school and civil township bonds for purchase orimprovement of property and buildings; issuance procedure
Sec. 19. (a) If:
(1) a school township whose boundaries are coterminous withthe boundaries of the corresponding civil township hasoccupied as lessee for at least five (5) years a buildingconstructed for its use as a school building;
(2) the township board finds that it would be in the bestinterests of the school township and its taxpayers for the schooltownship to purchase the building; and
(3) the entire amount required to pay the cost of acquisitioncannot be provided by the school township on account of theconstitutional debt limitation;
the township board, with the approval of the township trustee, mayauthorize the issuance of bonds by each of the school township andthe civil township to provide funds to pay the cost of acquisition ofthe building.
(b) The amount of the civil township bonds may not exceed theamount required to pay the cost of acquisition over and above theamount that can validly be financed by the school township for thatpurpose. The issuance of bonds must be authorized by separateresolutions specifying the amount, terms, and conditions of the bondsto be issued by each of the corporations. The bonds issued are theseparate obligations of the corporations, respectively. The bondsmust be payable at times and in amounts not later than twenty (20)years after the date of issuance as the township board may determineand shall otherwise be authorized, issued, and sold in accordancewith the applicable general laws.
(c) As used in this section, "building" includes the land occupied
by the school township for school purposes.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-20
Off-site construction; state policy; definition
Sec. 20. (a) It is the policy of the state to promote the acquisition,construction, and erection of school facilities by the off-siteconstruction method so school corporations might obtain neededschool facilities that, in many cases, would be denied by the highercost of conventional construction.
(b) As used in this section through section 26 of this chapter,"off-site construction" means the fabrication and assembly of thecomponent parts of various materials at a point other than theconstruction site where the parts are normally fabricated orassembled.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-21
Off-site construction; procedure for advertising for plans andspecifications and for bids
Sec. 21. (a) If the governing body or officer of a schoolcorporation determines to erect or build a school building orbuildings in which off-site construction techniques are to be used, thegoverning body or officer shall advertise for plans and specificationsand for bids covering the plans and specifications.
(b) A bidder must file the bidder's plans or specifications with itsbid.
(c) The advertisement shall be published once each week for two(2) consecutive weeks in two (2) newspapers published in the schoolcorporation. If only one (1) newspaper is published in the boundariesof the school corporation, the advertisement shall be published inthat newspaper and in a newspaper of general circulation publishedin the county where the school corporation is located. If a newspaperis not published in the boundaries of the school corporation, theadvertisement shall be published in any two (2) newspapers ofgeneral circulation published in the county where the schoolcorporation is located. If only one (1) newspaper is published in thecounty where the school corporation is located, publication in one (1)newspaper is sufficient.
(d) The advertisement:
(1) must contain a description of the building or buildings to beerected and the estimated cost; and
(2) may not require plans and specifications or bids to be filedfor at least four (4) weeks after the date of the last publicationof the advertisement.
(e) Subject to other applicable provisions of sections 20 through25 of this chapter, the school corporation may accept the bid of thelowest bidder submitting plans and specifications consideredsatisfactory by the school corporation for a building or buildings.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-22
Off-site construction; bonds
Sec. 22. A school corporation may issue and sell bonds toconstruct a building or buildings under the general statutes governingthe issuance and sale of bonds by school corporations if not inconflict with sections 20 through 25 of this chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-23
Off-site construction; approval of plans and specifications beforeexecution of contract
Sec. 23. (a) Before the execution of a contract under sections 20through 25 of this chapter, the plans and specifications for a buildingor buildings, which must be prepared by an architect or engineerregistered to practice in Indiana, must be submitted to:
(1) the state department of health;
(2) the division of fire and building safety; and
(3) any other agencies designated by law to pass on plans andspecifications for school buildings.
(b) The plans and specifications must be approved by each agencyin writing before the execution of the contract.
As added by P.L.1-2005, SEC.10. Amended by P.L.1-2006, SEC.327.
IC 20-26-7-24
Off-site construction; inspection of buildings; affidavit ofcompliance
Sec. 24. (a) After the completion of a school building or buildingserected or constructed under this chapter and before acceptance bythe school corporation, the division of fire and building safety shallexamine and inspect the building or buildings to determine if therequirements of the contract and the plans and specifications havebeen met.
(b) The division of fire and building safety shall immediatelyreport to the school corporation any deviation from anyrequirements.
(c) Before final payment and settlement is made, the division offire and building safety must file with the governing body or officeran affidavit that all requirements of the contract and of the plans andspecifications have been fully and faithfully met.
As added by P.L.1-2005, SEC.10. Amended by P.L.1-2006, SEC.328.
IC 20-26-7-25
Off-site construction; supplemental effect of provisions
Sec. 25. Sections 20 through 24 of this chapter may not beconsidered to alter, amend, or repeal any other Indiana statute.However, the provisions of any other statute may not apply toproceedings under sections 20 through 24 of this chapter to theextent that the statute is inconsistent with sections 20 through 24 ofthis chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-26
Duties and liabilities of school corporations with respect tomunicipal 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 publicimprovements affecting the common school corporation's real estatethat private owners of real estate possess or to which private ownersof real estate are subject.
(b) The real estate of a common school corporation is subject toliens for municipal assessments for public improvements if the realestate:
(1) had been owned by a private owner; and
(2) would have been subject to a lien at the time the lien wasattached.
(c) A penalty or an attorney's fee concerning a municipalassessment 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 schoolpurposes
Sec. 27. The superintendent of a school corporation shall cause anannual inspection to be conducted of all heating systems andsupporting gas, oil, propane, or any other fuel lines used for schoolpurposes.
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 underIC 22-14-2-11 that is not an inspection to determine compliancewith a legal standard for accreditation, the division of fire andbuilding safety of the department of homeland securitydetermines that there is a violation of a fire safety law at theschool building;
(2) the fire safety law that the division determines has beenviolated at the school building incorporates a standard that:
(A) was not a fire safety law at the time of the constructionor renovation of the school building and is being appliedretroactively to the building by an employee of the divisionof fire and building safety; or
(B) previously was not applicable to the building; and
(3) the violation is not a condition that creates an immediatesafety hazard and is monitored under daily maintenance andsupervision;
the school corporation shall abate the violation before the earlier ofone (1) year after the violation determination or six (6) months after
the start of the school corporation's next budget year following theviolation determination.
(b) The expense of the abatement may be paid out of fundsappropriated for such purposes in the budget year following aviolation 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 thischapter shall be made to the division of fire and building safetybefore September 1 of each year. The report shall be made on formsprescribed 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.
IC 20-26-7-29
Condemnation of school building; exclusive procedure
Sec. 29. A school building may not be condemned and declaredunfit for use for school purposes except as provided in sections 30through 34 of this chapter.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-30
Condemnation of school building; petitions alleging grounds forcondemnation
Sec. 30. A petition signed by:
(1) the state department of health;
(2) the state fire marshal; or
(3) at least twenty-five (25) legal residents of the schoolcorporation in which a school building is located, at least fifteen(15) of whom are resident freeholders;
may be filed with the auditor of the county in which the schoolcorporation is located, alleging that the school building designatedin the petition is insanitary or otherwise unfit for use for schoolpurposes and should be condemned.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-31
Condemnation of school building; copies of petition; notice ofhearing
Sec. 31. If a petition is filed under section 30 of this chapter, theauditor of the county shall do the following:
(1) Mail one (1) copy of the petition to:
(A) the county superintendent of schools; and
(B) the township trustee or the president of the board ofschool trustees or board of school commissioners of theschool corporation in which the school building is located.
(2) Give notice by one (1) publication in each of two (2)newspapers circulating in the school corporation in which theschool building is located that a hearing will be held: (A) at a place and at a time designated in the notice;
(B) not less than ten (10) days after the date on which thenotice is published;
(C) before the board of county commissioners and thecounty council of the county, acting jointly; and
(D) at which an interested person may appear in person or byattorney and be heard.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-32
Condemnation of school building; special session of board ofcommissioners and county council to conduct hearing
Sec. 32. (a) The auditor shall call a special session of the board ofcounty commissioners and the county council to:
(1) conduct the hearing described in section 31 of this chapter;and
(2) determine the matter submitted.
(b) The chairman of the county council shall preside at thehearing.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-33
Condemnation of school building; hearing procedure; appeal
Sec. 33. (a) The hearing described in section 31 of this chaptermay be adjourned from day to day.
(b) When the hearing has concluded, the board of countycommissioners and county council, acting jointly, shall determinefrom:
(1) the evidence submitted;
(2) an inspection of the building; or
(3) both the evidence and an inspection;
if the building should be condemned.
(c) If the board of county commissioners and county council,acting jointly, determine that the building should be condemned, theboard and council shall fix a date when the order of the board andcouncil becomes effective. An appeal from the finding anddetermination of the board of county commissioners may be made tothe circuit or superior court of the county in the same manner asappeals are taken from the board of county commissioners.
As added by P.L.1-2005, SEC.10. Amended by P.L.231-2005,SEC.32; P.L.1-2006, SEC.330.
IC 20-26-7-34
Physical condition of high school not grounds for revoking orrefusing to grant commission; effect on academic standing ofstudents
Sec. 34. (a) The state board may not:
(1) revoke the commission of a high school; or
(2) refuse to grant a commission to a high school when properlyapplied for;because of the physical condition of any of the buildings in which thehigh school is conducted or maintained.
(b) The credits or the academic standing of a person who is apupil in or a graduate of a high school may not be affected ordetermined by the physical condition of the building in which thepupil attended high school.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-35
Appeal from condemnation finding; procedure
Sec. 35. (a) A decision of the state department of health to build,change, or condemn a school building may be appealed by:
(1) a township trustee;
(2) a board of school trustees or board of school commissioners;
(3) a member of a township board; or
(4) at least ten (10) residents and taxpayers;
of a township, town, or city in which the matter involving thebuilding, changing, or condemnation of a school building occurred.The appeal may be made to a circuit or superior court of the countyin which the township is located. A final appeal may be made to anycourt of last resort in Indiana.
(b) The appeal must:
(1) be made in the name of the person making the appeal or inthe name of the officer making the appeal; and
(2) be perfected by filing a complaint or petition:
(A) in the office of the clerk of the court to which the appealis taken;
(B) not more than thirty (30) days after the date of finaldecision by the state department of health that ordered thechanging, condemnation, or building of the school buildingwas made; and
(C) that sets forth the facts being appealed.
(c) The:
(1) state department of health; and
(2) township trustee, board of school commissioners, or boardof school trustees if the appeal is made by the residents andtaxpayers or by a member of the township board;
shall be named as defendants in the cause of action.
(d) Notice of the filing and pendency of the appeal shall be madeby serving a summons, regularly issued by the court where cause ofaction is pending, on the state health commissioner at least ten (10)days before the hearing of the cause.
(e) The appeal shall be tried as other civil causes are tried inIndiana. If the appeal is made by private citizens, bond approved bythe court shall be given to cover costs and reasonable attorney's feesif the appeal is not sustained.
As added by P.L.1-2005, SEC.10.
IC 20-26-7-36
School building construction or alteration; feasibility study Sec. 36. Before the governing body exercises power granted byany 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 throughIC 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 afeasibility study.
As added by P.L.1-2005, SEC.10. Amended by P.L.2-2006, SEC.123.
IC 20-26-7-37
School building construction or alteration; hearing and notice
Sec. 37. (a) If the governing body proposes to construct, repair, oralter 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 throughIC 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 explanationsof the potential value of the proposed project to the schoolcorporation and to the community shall be given and at whichinterested parties may present testimony and questions.
(b) Notice of the hearing shall be given in accordance withIC 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 andsupport 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 ofthe project are invited, the governing body shall adopt a resolutionthat specifies the following:
(1) The educational purpose the building will serve.
(2) The estimated cost of construction, including the cost ofland.
(3) Any other pertinent information, including the estimatedimpact 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 ofagreement
Sec. 39. (a) If:
(1) a school corporation; and
(2) the state, either in the name of the state or in the name of thetrustees 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 orrequired for the purpose for which it was acquired, the schoolcorporation and the state may sell, trade, exchange, or convey to orwith each other the unneeded real estate upon such terms andconditions mutually agreed upon and incorporated in an agreementbetween the trustees or board of trustees of the school corporationand the state or, if the real estate is held in the name of the trusteesof an agency of the state, by the trustees.
(b) A value must be assigned to each parcel of real estate involvedin the sale, trade, or exchange in the agreement. The assigned valuemust be the fair market value of the real estate as determined by three(3) appraisers appointed as follows:
(1) One (1) to be appointed by the board of trustees of theschool corporation.
(2) One (1) to be appointed by the state or, if the real estate isheld in the name of the trustees of an agency of the state, by thetrustees.
(3) One (1) to be appointed by the two (2).
(c) The agreement must provide for payment by the party owningthe real estate of the smaller value to the other party of the differenceof 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; executionof deed
Sec. 40. Whenever:
(1) an agreement described in section 39 of this chapter isexecuted; and
(2) the payment of any money is made;
deeds of conveyance shall be executed by the trustees or board oftrustees of the school corporation and by the state for the transfer ofstate 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 newone erected for the school in a different place; and
(2) the land where the schoolhouse is situated belongsunconditionally to the township, town, or city;
sell the land, if the trustee believes it is advantageous to thetownship, town, or city to do so. The township trustee shall sell theland for the highest price that can be obtained for the land. Uponpayment of the purchase money to the township, town, or city, thetownship trustee shall execute to the purchaser a deed of conveyance,which must be sufficient to vest in the purchaser the title thetownship, town, or city has to the land. The money derived from thesale 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 priorconveyance
Sec. 42. (a) If an officer authorized to sell school land sells anylands without a title to the land, the officer or the officer's successorin office may convey other land of equal value that is agreed upon bythe officer and the purchaser, purchaser's heirs, or purchaser'sassigns. If an agreement is not made, the purchase money, withinterest, shall be repaid to the purchaser, purchaser's heirs,purchaser's executors, purchaser's administrators, or purchaser'sassigns.
(b) Purchase money may not be repaid until the prosecutingattorney 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
Limitation on eminent domain related to replacing schooldestroyed by natural disaster
Sec. 43. (a) This section applies to school corporations organizedand formed through reorganization under IC 20-23-4, IC 20-23-6, orIC 20-23-7 and school townships under IC 20-23-3.
(b) This section applies only when a school corporation or schooltownship sustains loss by fire, wind, cyclone, or other disaster of allor a major part of its school building or school buildings.
(c) A school corporation or school township seeking to exerciseits right of eminent domain under IC 32-24 to obtain land for use inreconstructing or replacing the school building or school buildingsmay not condemn more than twice the acreage established by thestate board as the minimum acreage requirement for the type ofschool building damaged or destroyed and being reconstructed orreplaced. In determining the acreage, land already owned by theschool corporation or school township that adjoins any part of theland out of which additional land is sought to be condemned shall beused in computing the total acreage for the reconstruction orreplacement of the school building or school buildings under thissection. The need for the additional land is subject to judicial reviewin the court where the condemnation action is filed and may, at therequest of either party, be tried either by the court or a jury beforeappraisers are appointed with full rights of appeal, by either party,from the interlocutory findings.
As added by P.L.2-2006, SEC.127.
IC 20-26-7-44
Township schools; disposition of gift received to build school
Sec. 44. (a) If:
(1) a school township has acquired or acquires any personal
property or money by gift, devise, or bequest;
(2) the donor or testator, at the time of making the gift, devise,or bequest does not or did not attach any conditions ordirections concerning the way or manner in which the gift,devise, or bequest may or shall be used or expended for thebenefit of the public schools of the school township; and
(3) a petition is signed by at least fifty (50) resident freeholdersof the school township and filed before August 2 with thetrustee of the school township, requesting the township boardto appropriate and transfer all of the gift, devise, or bequest toa capital projects fund or debt service fund to be used for theerection of a new school building or buildings;
the trustee shall give notice to the taxpayers of the school township,by publication, that on the same day on which the township boardmeets to establish the tax levy for the ensuing year, all personsinterested in the proposed petition may appear and be heard.
(b) If the township board grants the petition after the hearing, thetownship board shall appropriate and transfer all the money of thegift, devise, or bequest to a capital projects fund or debt service fundfor the erection of a new school building or buildings.
(c) If any gift, devise, or bequest subject to this section consistsof stocks, bonds, or other personal property, the township trustee,with the consent and approval of the township board, may sell thestocks, bonds, or other personal property for not less than the marketvalue of the property on the day on which the property is sold.
As added by P.L.2-2006, SEC.128.