CHAPTER 9. TRANSFER OF LAND TO UNITED STATES GOVERNMENT FOR LOCATION OF FEDERAL PROJECTS IN INDIANA
IC 4-3-9
Chapter 9. Transfer of Land to United States Government forLocation of Federal Projects in Indiana
IC 4-3-9-1
Definitions
Sec. 1. As used in this chapter:
(1) "Agency of the state" means any officer, agency,department, board, bureau, commission, division or institutionof the state of Indiana, the trustees or board of directors of anycorporation of the state or body politic of the state supported inwhole or in part by appropriations from the state, and thetrustees of any state-supported university.
(2) "Land" means both unimproved and improved land.
(3) "Title" and "interest in land" means both legal and equitabletitle and interest in land.
(4) "Transfer" means a gift, grant, conveying, exchange, lease,or sale.
(5) "United States of America" shall include the United Statesgovernment and any agency or entity thereof.
As added by Acts 1977, P.L.25, SEC.1.
IC 4-3-9-2
Location of federal educational, scientific, or research projectswithin state; transfer of lands to United States
Sec. 2. Whenever the governor of the state of Indiana deems itnecessary or desirable for the purposes of securing the location in thestate of a proposed educational, scientific, or research project orfacility, the governor is authorized to transfer to the United States ofAmerica any interest in lands which the state holds if that land isutilized for the proposed project or facility. The state, by itsgovernor, may transfer such interest without consideration, or for anominal or substantial sum, or for a period of years, or in exchangefor lands of the United States, or on such other terms as the governorshall find advantageous to the state of Indiana in obtaining thelocation of the project or facility within the state of Indiana.
As added by Acts 1977, P.L.25, SEC.1.
IC 4-3-9-3
Instruments of conveyance; execution; requisites
Sec. 3. The governor is authorized to execute all deeds or otherinstruments of conveyance which, in his judgment, are proper ornecessary for the transfer of title to land or any interest therein by thestate of Indiana to the United States of America pursuant to section2 of this chapter, in the following form and manner: Every such deedor conveyance shall be executed in the name of the state of Indiana,signed by the governor of the state of Indiana, with the seal of thestate of Indiana affixed thereto and shall be approved as to legalityand form by the attorney general of Indiana.
As added by Acts 1977, P.L.25, SEC.1.
IC 4-3-9-4
State lands; transfer; valuation; allocation of funds to controllingagencies; revenue bonds; payment; separate sinking fund; damages
Sec. 4. (a) When title to land which is to be transferred to theUnited States of America pursuant to this chapter is held in the nameof the state of Indiana, and that land has not been declared surplusand is under the jurisdiction and control of any agency of the state,the state budget agency, with approval of the governor, shall allocateand transfer to that agency of the state from any funds which may beappropriated for use to accomplish the purposes of this chapter, anamount of money which equals the value of the land transferred.
(b) The value shall be determined by three (3) disinterestedappraisers appointed by the governor. The appraisers shall beresidents of the state of Indiana. The allocation of funds shall be inaddition to any other appropriations made to that agency of the state.In the event that revenue from the land described in this section andtransferred to the United States of America pursuant to this chapteris pledged as security for bonds issued and outstanding, the moneyappropriated by this section shall be held by the treasurer of the stateof Indiana in a separate sinking fund to be used only for the purposesof paying the interest and principal of the bonds as they become due,and for no other purpose, until such time as the bonds are retired.The funds shall be deposited by the treasurer of the state of Indiana,pursuant to the provisions of IC 5-13, at interest, and interest earnedby reason of deposit shall be credited to and belong to the fund. Anyperson, firm, limited liability company, or corporation who is theholder of any such bonds at the time the governor announces hisintention to transfer the land to the United States of America andwho is aggrieved by the amount of money allocated and transferredto a sinking fund created pursuant to this section, shall have the rightto seek bondholders' damages which may not exceed the face valueof the bonds.
As added by Acts 1977, P.L.25, SEC.1. Amended by P.L.19-1987,SEC.1; P.L.8-1993, SEC.8.
IC 4-3-9-5
University lands; transfer to state; allocation of funds
Sec. 5. In the event that any land or interest in land which thegovernor determines necessary or desirable to transfer to the UnitedStates of America pursuant to this chapter is in the name of the boardof trustees of a state-supported university, the board of trustees ofthat university may, if not inconsistent with the terms and conditionsof the gift, bequest or devise, if any, by which the university receivedthe land or interest in land, transfer such interest to the state ofIndiana without consideration, or for a nominal or substantial sum,or for a period of years, or in exchange for lands of the state, or onsuch other terms as the governor and the board of trustees of theuniversity may agree. The state budget agency, with the approval ofthe governor, shall allocate and transfer to the university from anyfunds which may be appropriated for use to accomplish the purposes
of this chapter any sum of money agreed upon by the governor andthe board of trustees pursuant to this section. The allocation of fundsshall be in addition to, and not a part of, any other appropriationmade to the university.
As added by Acts 1977, P.L.25, SEC.1.
IC 4-3-9-6
Title to land not in state; acquisition
Sec. 6. If the title to any land which the governor determinesnecessary or desirable to transfer to the United States of Americapursuant to this chapter is not in the name of the state of Indiana atthe time of the determination, the governor is authorized to acquirethat land by gift, bequest, devise, exchange, purchase, or otheragreement.
As added by Acts 1977, P.L.25, SEC.1.
IC 4-3-9-7
Repealed
(Repealed by P.L.17-1986, SEC.15.)
IC 4-3-9-8
Repealed
(Repealed by P.L.17-1986, SEC.15.)