CHAPTER 3. BUILDING FACILITIES, EQUIPMENT, LAND
IC 21-34-3
Chapter 3. Building Facilities, Equipment, Land
IC 21-34-3-1
Board; authority to acquire, construct, improve, and operatebuilding facilities
Sec. 1. The board of trustees of a state educational institutionmay, as the board of trustees finds necessary, acquire, erect,construct, reconstruct, improve, rehabilitate, remodel, repair,complete, extend, enlarge, equip, furnish, and operate buildingfacilities for:
(1) carrying on the educational research, the public serviceprograms, or the statutory responsibilities of the stateeducational institution and the various divisions of the stateeducational institution under the jurisdiction of the board oftrustees; or
(2) managing, operating, or servicing the state educationalinstitution.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-2
Location of buildings
Sec. 2. A building facility may be located at any place withinIndiana at which the board of trustees of a state educationalinstitution determines the need exists for the building facilities.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-3
Authority to acquire, erect, construct, rehabilitate, and operateequipment
Sec. 3. The board of trustees of a state educational institution mayacquire, erect, construct, reconstruct, improve, rehabilitate, remodel,repair, complete, extend, enlarge, furnish, and operate any equipmentthat the board of trustees of a state educational institution considersnecessary for:
(1) carrying on the educational research or public serviceprograms or discharging the statutory responsibilities of thestate educational institution and the various divisions of thestate educational institution; or
(2) managing, operating, or servicing the state educationalinstitution.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-4
Authority to acquire or improve real and personal property
Sec. 4. (a) The board of trustees of a state educational institutionmay:
(1) acquire, under this article or any other applicable law, by:
(A) purchase (for cash or on contract);
(B) lease or sublease for a period not exceeding forty (40)
years that the board of trustees approves;
(C) condemnation;
(D) trade or exchange;
(E) gift, devise, or bequest; or
(F) other means; and
(2) improve;
real property (improved or unimproved) and personal property thatthe board of trustees determines necessary for the purposes set forthin subsection (b) on the terms and conditions and subject to the liensand encumbrances that the board of trustees approves.
(b) Any action may be taken under subsection (a) that the boardof trustees of the state educational institution considers necessaryfor:
(1) carrying on the educational research, the public serviceprograms, or the statutory responsibilities of the stateeducational institution and the various divisions of the stateeducational institution under the jurisdiction of the board oftrustees; or
(2) managing, operating, or servicing the state educationalinstitution.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-5
Title to real and personal property
Sec. 5. Except as otherwise provided in IC 21-34-4, title to allproperty acquired, including improvements on acquired property,must be taken and held by and in the name of the board of trustees inits corporate capacity for the purposes of this article. The board oftrustees of a state educational institution may use for these purposesreal or personal property:
(1) acquired before or after March 10, 1965; or
(2) available on or after March 10, 1965, to the stateeducational institution, including real estate (improved orunimproved), the title to which on or after March 10, 1965, maybe in the name of the state of Indiana for the use and benefit ofthe board of trustees of the state educational institution or thestate educational institution under its control.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-6
Approval of plans and specifications; bids; contracts
Sec. 6. (a) A lessor leasing fifty percent (50%) or more of abuilding facility or building facilities:
(1) to a state educational institution or to more than one (1)state educational institution jointly pursuant to sections 4 and5 of this chapter for a term of five (5) years or more; and
(2) that are to be acquired or constructed and erected by thelessor;
shall, before commencing the acquisition or construction anderection, obtain approval of the plans and specifications for the
building facility or building facilities by the lessee or lessees and alsoby any other public agencies that are required to approve plans andspecifications for similar building facilities acquired or constructedand erected by the lessee or lessees.
(b) The lessor shall take bids and enter into a contract or contractsfor the construction and erection of the building facility or buildingfacilities in accordance with the same procedures required by law tobe followed by the lessee or lessees in the acquisition or constructionand erection of similar building facilities.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-7
Approval of governor; conveyance of deed
Sec. 7. (a) If the board of trustees of a state educational institutiondetermines to locate a building facility upon real estate, the title towhich is in the name of the state of Indiana for the use and benefit of:
(1) the board of trustees of the state educational institution; or
(2) the state educational institution under its control;
the parcel of real estate reasonably required for the building facilitymay, upon request in writing by the board of trustees of the stateeducational institution to the governor and with the approval of thegovernor, be conveyed by deed from the state of Indiana to the boardof trustees of the state educational institution.
(b) The governor may execute and deliver a deed:
(1) in the name of the state of Indiana;
(2) signed on behalf of the state by the governor;
(3) attested by the auditor of state; and
(4) with the seal of the state affixed to the deed.
As added by P.L.2-2007, SEC.275.