IC 20-26-7-1 Sale of unneeded property; disposition of proceeds
Sec. 1. (a) If a governing body of a school corporation determines
that any real or personal property:
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, be
exchanged for other property;
the governing body may sell or exchange the property in accordance
with IC 36-1-11.
(b) Money derived from the sale or exchange of property under
this 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 the
sale 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 deposit
insurance proceeds received as a result of damage to real or personal
property 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 township
may be conveyed to the corresponding school township in the
manner 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 building
or property
Sec. 4. (a) To transfer or convey a building or other property from
a civil township to the corresponding school township, a petition may
be filed with the board of commissioners of the county in which the
civil township is located that:
(1) asks for the conveyance or transfer of the building or other
property;
(2) describes the nature of the building or other property to be
conveyed 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 civil
township; and
(2) filed in the office of the county auditor.
When the petition is filed, the petitioners shall give a bond, with
good and sufficient freehold sureties, that is payable to the state,
approved by the board of county commissioners, and conditioned to
pay all expenses if the board of county commissioners does not
authorize the proposed conveyance or transfer.
(c) After a petition is filed, the county auditor shall give notice of
the filing of the petition by publication once a week for two (2)
consecutive weeks in one (1) newspaper printed and published in the
county and of general circulation in the county in which the civil
township is located.
(d) The board of commissioners shall:
(1) hear the petition at the next regular meeting and on the day
designated 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 trustee
of the civil township shall convey the building or other property
belonging to the civil township to the corresponding school
township. The school township shall hold, control, and manage the
building or other property. Expenses incurred in the conveyance of
the property, if the conveyance is authorized, shall be paid out of the
general 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) may
convey property owned by the school corporation to a civil city or
other political subdivision for civic purposes if:
(1) the governing body adopts a resolution recommending the
transfer and conveyance of the school property;
(2) the civil city or political subdivision agrees to accept the
school 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 by
gift, devise, or bequest shall hold, use, and dispose of the real
property under the terms and conditions imposed by the donor or
testator. As added by P.L.1-2005, SEC.10.
IC 20-26-7-7 Property acquired by unconditional gift or bequest; expenditure of
principal and interest
Sec. 7. (a) If a common school corporation has acquired or
acquires any personal property or real estate by gift, devise, or
bequest concerning which the donor or testator, at the time of making
the gift, bequest, or devise, does not include conditions or directions
concerning the gift, bequest, or devise inconsistent with this section,
the principal of the gifts, devises, and bequests is inviolate, but the
interest, rents, incomes, issues, and profits thereof may be expended
by the school corporation. The interest, rent, incomes, issues, and
profits may not be devoted:
(1) to the payment of any obligation of the corporation incurred
before the property was acquired;
(2) to the payment of the salaries or wages of:
(A) teachers of the branches commonly and generally taught
in the public schools; or
(B) school or library officers or employees; or
(3) to purchase ordinary school furniture or supplies of the
character required by the corporation to be paid for from the
current income or revenue coming to it from taxes or by
operation of law.
However, the interest, rents, incomes, issues, and profits may be
devoted to any public educational or public library or similar purpose
for which the managing board or trustee of the corporation believes
adequate 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 a
building to be devoted to a special use of a public educational
or library character; and
(2) the expressed will of the donor or testator will not be
violated;
the principal may be used for that purpose, notwithstanding any other
provision of this chapter. This subsection may not be construed to
permit its use for the building or equipping of buildings for ordinary
graded 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 or
bequest
Sec. 8. (a) If the board of trustees or school commissioners of a
corporation governed by sections 6 through 9 of this chapter desires:
(1) to appoint one (1) or more trustees to hold the title to any
property, real or personal, acquired by the board or
commissioners in the manner mentioned in sections 6 through
9 of this chapter, unless the wish and will of the donor or
testator 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 this
chapter;
the school corporation may name and appoint one (1) or more
trustees and to vest in the trustees the title to the property, subject to
trust and powers as the school corporation may impose, not
inconsistent with the expressed wish or will of the donor or testator
or this chapter applicable to the property if a transfer to a trustee has
not been made.
(b) However, if:
(1) the managing board of the school corporation consists of
less than three (3) persons; and
(2) the school corporation elects to have the property held and
managed by trustees;
the corporation shall establish the terms of the trust and make the
conveyance, and the judge of the circuit court of the county in which
the 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 acquired
by gift or bequest
Sec. 9. (a) It is the main purpose of this chapter that the identity
of the principal of gifts, bequests, and devises to the state's public
schools may not be lost and that the income from investment of the
gifts, bequests, and devises shall be used in giving students the public
education and library advantages that could not be enjoyed if only
the school and library revenue and income provided by law were
available.
(b) Sections 6 through 9 of this chapter may not be construed as
a limitation against the investment and reinvestment either by the
school corporation itself or the trustees appointed under section 8 of
this chapter, as the safety of the fund or the best interests of the
recipient 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; bond
issue authorized
Sec. 10. (a) If a person gives or bequeaths to trustees an amount
of money that exceeds five thousand dollars ($5,000) to erect a
public school building or seminary in any unincorporated town, and
upon the express or implied condition contained in the gift or bequest
that an equal amount shall be raised by the citizens of the town or
township for a like purpose, the township trustee of the township in
which the town is located shall, upon the petition of a majority of the
legal voters of the township, prepare, issue, and sell the bonds of the
township 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%) per
annum, payable at such time, within seven (7) years after the date, as
the 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 for
Congress at the last preceding congressional election in the township
is 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 the
petition presented to the township trustee, to which petition shall be
attached the affidavit or affidavits, as the trustee considers necessary,
of a competent and credible person or persons that the signatures of
all the names to the petition are genuine and that the persons who
signed the petition are, as the trustee believes, legal voters of the
township. 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 record
book of the township; and
(2) file and preserve the petition, entering into the record the
date and time the petition was filed.
(b) If the township trustee is satisfied that the petition contains the
names of a majority of the legal voters of the township, the township
trustee shall prepare, issue, and sell bonds of the amount listed in the
petition, as provided in section 10 of this chapter.
(c) The township trustee shall accurately keep a record of all
proceedings 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, may
file a petition in the circuit court of the county asking for the
appointment of appraisers to appraise and assess the value of the real
estate. 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 of
this chapter, the court shall appoint:
(1) one (1) disinterested freeholder residing in the school
corporation 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 the
real 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, the
appraisers shall take an oath before the clerk of the court to make a
fair, true, and honest appraisement of the real estate.
(b) After taking the oath under subsection (a), the appraisers shall
examine the real estate, hear evidence they consider necessary, and
make 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 township
trustee or school trustees of the school corporation, or a majority of
them, may pay to the clerk of the court, for the use of the owner or
owners of the real estate, the amount assessed.
(d) When the payment is made under subsection (c) and the
payment is shown to the court hearing the cause:
(1) the title to the real estate vests immediately in the school
corporation or school township for school purposes;
(2) the court shall cause the real estate to be conveyed to the
school corporation or school township by a commissioner
appointed for that purpose; and
(3) the school corporation or school township may immediately
take possession of the real estate for the purpose.
(e) When the report of the appraisers is filed, any party to the
action, not later than ten (10) days, may except to the amount of the
appraisement and valuation of the real estate and a trial may be had
on the exception before the court as other civil causes are tried. The
court shall fix the amount of the appraisement and assessment, and
any party to the action may appeal the judgment of the court as other
civil cases are appealed.
(f) If the township trustee or school trustees, or a majority of
them, except to the amount of the appraisement and assessment:
(1) the court shall convey the real estate to the school
corporation or school township;
(2) the title to the real estate vests immediately in the school
corporation or school township for the purposes; and
(3) subsequent proceedings upon the exceptions affect only the
amount 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 before
petition; costs of subsequent action
Sec. 16. Before the filing of the petition, the township trustee or
school trustees, or a majority of them, may offer or tender to the
owner or owners of the real estate an amount considered a reasonable
value for the real estate. If the amount fixed by the appraisers or by
the court later becomes the same or less than the amount tendered:
(1) the cause shall be prosecuted at the cost of the owner or
owners of the real estate; and
(2) upon exception to the amount fixed by the appraisers, if the
exceptor does not increase the amount of the appraisement and
assessment, the action on the exception shall be at the cost of
the exceptor.
If an amount has not been tendered by the township trustee or school
trustees, or a majority of them, and an exception is not taken, the
action 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 school
purposes; 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 under
IC 5-17-2 (before its repeal) or IC 4-13-1.7, permitting the purchase
of suitable surplus government buildings, may not be purchased for
use as a school building unless the building was originally
constructed for use by the school corporation and used for that
purpose for at least five (5) years preceding the acquisition as
provided in this section through section 19 of this chapter.
(c) Notwithstanding this section through section 19 of this chapter
limiting the purchase of school buildings, a school corporation may:
(1) purchase suitable buildings or lands, or both, adjacent to
school property for school purposes; and
(2) improve the buildings or lands, or both, after giving notice
to the taxpayers of the intention of the school corporation to
purchase.
The taxpayers of the school corporation have the same right of
appeal under the same procedure as provided for in IC 6-1.1-20-5
through 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 property
and buildings; issuance procedure
Sec. 18. A school corporation may issue and sell bonds under the
general statutes governing the issuance of bonds to purchase and
improve buildings or lands, or both. All laws relating to approval (if
required) in a local public question under IC 6-1.1-20, the filing of
petitions, remonstrances, and objecting petitions, giving notices of
the filing of petitions, the determination to issue bonds, and the
appropriation of the proceeds of the bonds are applicable to the
issuance 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 or
improvement of property and buildings; issuance procedure
Sec. 19. (a) If:
(1) a school township whose boundaries are coterminous with
the boundaries of the corresponding civil township has
occupied as lessee for at least five (5) years a building
constructed for its use as a school building;
(2) the township board finds that it would be in the best
interests of the school township and its taxpayers for the school
township to purchase the building; and
(3) the entire amount required to pay the cost of acquisition
cannot be provided by the school township on account of the
constitutional debt limitation;
the township board, with the approval of the township trustee, may
authorize the issuance of bonds by each of the school township and
the civil township to provide funds to pay the cost of acquisition of
the building.
(b) The amount of the civil township bonds may not exceed the
amount required to pay the cost of acquisition over and above the
amount that can validly be financed by the school township for that
purpose. The issuance of bonds must be authorized by separate
resolutions specifying the amount, terms, and conditions of the bonds
to be issued by each of the corporations. The bonds issued are the
separate obligations of the corporations, respectively. The bonds
must be payable at times and in amounts not later than twenty (20)
years after the date of issuance as the township board may determine
and shall otherwise be authorized, issued, and sold in accordance
with 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-site
construction method so school corporations might obtain needed
school facilities that, in many cases, would be denied by the higher
cost of conventional construction.
(b) As used in this section through section 26 of this chapter,
"off-site construction" means the fabrication and assembly of the
component parts of various materials at a point other than the
construction site where the parts are normally fabricated or
assembled. As added by P.L.1-2005, SEC.10.
IC 20-26-7-21 Off-site construction; procedure for advertising for plans and
specifications and for bids
Sec. 21. (a) If the governing body or officer of a school
corporation determines to erect or build a school building or
buildings in which off-site construction techniques are to be used, the
governing body or officer shall advertise for plans and specifications
and for bids covering the plans and specifications.
(b) A bidder must file the bidder's plans or specifications with its
bid.
(c) The advertisement shall be published once each week for two
(2) consecutive weeks in two (2) newspapers published in the school
corporation. If only one (1) newspaper is published in the boundaries
of the school corporation, the advertisement shall be published in
that newspaper and in a newspaper of general circulation published
in the county where the school corporation is located. If a newspaper
is not published in the boundaries of the school corporation, the
advertisement shall be published in any two (2) newspapers of
general circulation published in the county where the school
corporation is located. If only one (1) newspaper is published in the
county 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 be
erected and the estimated cost; and
(2) may not require plans and specifications or bids to be filed
for at least four (4) weeks after the date of the last publication
of the advertisement.
(e) Subject to other applicable provisions of sections 20 through
25 of this chapter, the school corporation may accept the bid of the
lowest bidder submitting plans and specifications considered
satisfactory 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 to
construct a building or buildings under the general statutes governing
the issuance and sale of bonds by school corporations if not in
conflict 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 before
execution of contract
Sec. 23. (a) Before the execution of a contract under sections 20
through 25 of this chapter, the plans and specifications for a building
or buildings, which must be prepared by an architect or engineer
registered 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 and
specifications for school buildings.
(b) The plans and specifications must be approved by each agency
in 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 of
compliance
Sec. 24. (a) After the completion of a school building or buildings
erected or constructed under this chapter and before acceptance by
the school corporation, the division of fire and building safety shall
examine and inspect the building or buildings to determine if the
requirements of the contract and the plans and specifications have
been met.
(b) The division of fire and building safety shall immediately
report to the school corporation any deviation from any
requirements.
(c) Before final payment and settlement is made, the division of
fire and building safety must file with the governing body or officer
an affidavit that all requirements of the contract and of the plans and
specifications 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 be
considered to alter, amend, or repeal any other Indiana statute.
However, the provisions of any other statute may not apply to
proceedings under sections 20 through 24 of this chapter to the
extent that the statute is inconsistent with sections 20 through 24 of
this chapter. As added by P.L.1-2005, SEC.10. IC 20-26-7-26 Duties and liabilities of school corporations with respect to
municipal 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 public
improvements affecting the common school corporation's real estate
that private owners of real estate possess or to which private owners
of real estate are subject.
(b) The real estate of a common school corporation is subject to
liens for municipal assessments for public improvements if the real
estate:
(1) had been owned by a private owner; and
(2) would have been subject to a lien at the time the lien was
attached.
(c) A penalty or an attorney's fee concerning a municipal
assessment 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 school
purposes
Sec. 27. The superintendent of a school corporation shall cause an
annual inspection to be conducted of all heating systems and
supporting gas, oil, propane, or any other fuel lines used for school
purposes. 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 under
IC 22-14-2-11 that is not an inspection to determine compliance
with a legal standard for accreditation, the division of fire and
building safety of the department of homeland security
determines that there is a violation of a fire safety law at the
school building;
(2) the fire safety law that the division determines has been
violated at the school building incorporates a standard that:
(A) was not a fire safety law at the time of the construction
or renovation of the school building and is being applied
retroactively to the building by an employee of the division
of fire and building safety; or
(B) previously was not applicable to the building; and
(3) the violation is not a condition that creates an immediate
safety hazard and is monitored under daily maintenance and
supervision;
the school corporation shall abate the violation before the earlier of
one (1) year after the violation determination or six (6) months after
the start of the school corporation's next budget year following the
violation determination.
(b) The expense of the abatement may be paid out of funds
appropriated for such purposes in the budget year following a
violation 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 this
chapter shall be made to the division of fire and building safety
before September 1 of each year. The report shall be made on forms
prescribed 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 declared
unfit for use for school purposes except as provided in sections 30
through 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 for
condemnation
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 school
corporation 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 school
corporation is located, alleging that the school building designated
in the petition is insanitary or otherwise unfit for use for school
purposes 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 of
hearing
Sec. 31. If a petition is filed under section 30 of this chapter, the
auditor 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 of
school trustees or board of school commissioners of the
school 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 the
school 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 the
notice is published;
(C) before the board of county commissioners and the
county council of the county, acting jointly; and
(D) at which an interested person may appear in person or by
attorney 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 of
commissioners and county council to conduct hearing
Sec. 32. (a) The auditor shall call a special session of the board of
county 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 the
hearing. 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 chapter
may be adjourned from day to day.
(b) When the hearing has concluded, the board of county
commissioners and county council, acting jointly, shall determine
from:
(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, the
board and council shall fix a date when the order of the board and
council becomes effective. An appeal from the finding and
determination of the board of county commissioners may be made to
the circuit or superior court of the county in the same manner as
appeals 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 or
refusing to grant commission; effect on academic standing of
students
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 properly
applied for;
because of the physical condition of any of the buildings in which the
high school is conducted or maintained.
(b) The credits or the academic standing of a person who is a
pupil in or a graduate of a high school may not be affected or
determined by the physical condition of the building in which the
pupil 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 the
building, changing, or condemnation of a school building occurred.
The appeal may be made to a circuit or superior court of the county
in which the township is located. A final appeal may be made to any
court of last resort in Indiana.
(b) The appeal must:
(1) be made in the name of the person making the appeal or in
the 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 appeal
is taken;
(B) not more than thirty (30) days after the date of final
decision by the state department of health that ordered the
changing, condemnation, or building of the school building
was 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 board
of school trustees if the appeal is made by the residents and
taxpayers 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 made
by serving a summons, regularly issued by the court where cause of
action 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 in
Indiana. If the appeal is made by private citizens, bond approved by
the court shall be given to cover costs and reasonable attorney's fees
if 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 by
any 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 through
IC 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 a
feasibility 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, or
alter 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 through
IC 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 explanations
of the potential value of the proposed project to the school
corporation and to the community shall be given and at which
interested parties may present testimony and questions.
(b) Notice of the hearing shall be given in accordance with
IC 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 and
support 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 of
the project are invited, the governing body shall adopt a resolution
that specifies the following:
(1) The educational purpose the building will serve.
(2) The estimated cost of construction, including the cost of
land.
(3) Any other pertinent information, including the estimated
impact 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 of
agreement
Sec. 39. (a) If:
(1) a school corporation; and
(2) the state, either in the name of the state or in the name of the
trustees 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 or
required for the purpose for which it was acquired, the school
corporation and the state may sell, trade, exchange, or convey to or
with each other the unneeded real estate upon such terms and
conditions mutually agreed upon and incorporated in an agreement
between the trustees or board of trustees of the school corporation
and the state or, if the real estate is held in the name of the trustees
of an agency of the state, by the trustees.
(b) A value must be assigned to each parcel of real estate involved
in the sale, trade, or exchange in the agreement. The assigned value
must 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 the
school corporation.
(2) One (1) to be appointed by the state or, if the real estate is
held in the name of the trustees of an agency of the state, by the
trustees.
(3) One (1) to be appointed by the two (2).
(c) The agreement must provide for payment by the party owning
the real estate of the smaller value to the other party of the difference
of 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; execution
of deed
Sec. 40. Whenever:
(1) an agreement described in section 39 of this chapter is
executed; and
(2) the payment of any money is made;
deeds of conveyance shall be executed by the trustees or board of
trustees of the school corporation and by the state for the transfer of
state 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 new
one erected for the school in a different place; and
(2) the land where the schoolhouse is situated belongs
unconditionally to the township, town, or city;
sell the land, if the trustee believes it is advantageous to the
township, town, or city to do so. The township trustee shall sell the
land for the highest price that can be obtained for the land. Upon
payment of the purchase money to the township, town, or city, the
township trustee shall execute to the purchaser a deed of conveyance,
which must be sufficient to vest in the purchaser the title the
township, town, or city has to the land. The money derived from the
sale 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 prior
conveyance
Sec. 42. (a) If an officer authorized to sell school land sells any
lands without a title to the land, the officer or the officer's successor
in office may convey other land of equal value that is agreed upon by
the officer and the purchaser, purchaser's heirs, or purchaser's
assigns. If an agreement is not made, the purchase money, with
interest, shall be repaid to the purchaser, purchaser's heirs,
purchaser's executors, purchaser's administrators, or purchaser's
assigns.
(b) Purchase money may not be repaid until the prosecuting
attorney 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 school
destroyed by natural disaster
Sec. 43. (a) This section applies to school corporations organized
and formed through reorganization under IC 20-23-4, IC 20-23-6, or
IC 20-23-7 and school townships under IC 20-23-3.
(b) This section applies only when a school corporation or school
township sustains loss by fire, wind, cyclone, or other disaster of all
or a major part of its school building or school buildings.
(c) A school corporation or school township seeking to exercise
its right of eminent domain under IC 32-24 to obtain land for use in
reconstructing or replacing the school building or school buildings
may not condemn more than twice the acreage established by the
state board as the minimum acreage requirement for the type of
school building damaged or destroyed and being reconstructed or
replaced. In determining the acreage, land already owned by the
school corporation or school township that adjoins any part of the
land out of which additional land is sought to be condemned shall be
used in computing the total acreage for the reconstruction or
replacement of the school building or school buildings under this
section. The need for the additional land is subject to judicial review
in the court where the condemnation action is filed and may, at the
request of either party, be tried either by the court or a jury before
appraisers 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 or
directions concerning the way or manner in which the gift,
devise, or bequest may or shall be used or expended for the
benefit of the public schools of the school township; and
(3) a petition is signed by at least fifty (50) resident freeholders
of the school township and filed before August 2 with the
trustee of the school township, requesting the township board
to appropriate and transfer all of the gift, devise, or bequest to
a capital projects fund or debt service fund to be used for the
erection 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 board
meets to establish the tax levy for the ensuing year, all persons
interested in the proposed petition may appear and be heard.
(b) If the township board grants the petition after the hearing, the
township board shall appropriate and transfer all the money of the
gift, devise, or bequest to a capital projects fund or debt service fund
for the erection of a new school building or buildings.
(c) If any gift, devise, or bequest subject to this section consists
of stocks, bonds, or other personal property, the township trustee,
with the consent and approval of the township board, may sell the
stocks, bonds, or other personal property for not less than the market
value of the property on the day on which the property is sold. As added by P.L.2-2006, SEC.128.
IC 20-26-7-1 Sale of unneeded property; disposition of proceeds
Sec. 1. (a) If a governing body of a school corporation determines
that any real or personal property:
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, be
exchanged for other property;
the governing body may sell or exchange the property in accordance
with IC 36-1-11.
(b) Money derived from the sale or exchange of property under
this 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 the
sale 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 deposit
insurance proceeds received as a result of damage to real or personal
property 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 township
may be conveyed to the corresponding school township in the
manner 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 building
or property
Sec. 4. (a) To transfer or convey a building or other property from
a civil township to the corresponding school township, a petition may
be filed with the board of commissioners of the county in which the
civil township is located that:
(1) asks for the conveyance or transfer of the building or other
property;
(2) describes the nature of the building or other property to be
conveyed 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 civil
township; and
(2) filed in the office of the county auditor.
When the petition is filed, the petitioners shall give a bond, with
good and sufficient freehold sureties, that is payable to the state,
approved by the board of county commissioners, and conditioned to
pay all expenses if the board of county commissioners does not
authorize the proposed conveyance or transfer.
(c) After a petition is filed, the county auditor shall give notice of
the filing of the petition by publication once a week for two (2)
consecutive weeks in one (1) newspaper printed and published in the
county and of general circulation in the county in which the civil
township is located.
(d) The board of commissioners shall:
(1) hear the petition at the next regular meeting and on the day
designated 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 trustee
of the civil township shall convey the building or other property
belonging to the civil township to the corresponding school
township. The school township shall hold, control, and manage the
building or other property. Expenses incurred in the conveyance of
the property, if the conveyance is authorized, shall be paid out of the
general 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) may
convey property owned by the school corporation to a civil city or
other political subdivision for civic purposes if:
(1) the governing body adopts a resolution recommending the
transfer and conveyance of the school property;
(2) the civil city or political subdivision agrees to accept the
school 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 by
gift, devise, or bequest shall hold, use, and dispose of the real
property under the terms and conditions imposed by the donor or
testator. As added by P.L.1-2005, SEC.10.
IC 20-26-7-7 Property acquired by unconditional gift or bequest; expenditure of
principal and interest
Sec. 7. (a) If a common school corporation has acquired or
acquires any personal property or real estate by gift, devise, or
bequest concerning which the donor or testator, at the time of making
the gift, bequest, or devise, does not include conditions or directions
concerning the gift, bequest, or devise inconsistent with this section,
the principal of the gifts, devises, and bequests is inviolate, but the
interest, rents, incomes, issues, and profits thereof may be expended
by the school corporation. The interest, rent, incomes, issues, and
profits may not be devoted:
(1) to the payment of any obligation of the corporation incurred
before the property was acquired;
(2) to the payment of the salaries or wages of:
(A) teachers of the branches commonly and generally taught
in the public schools; or
(B) school or library officers or employees; or
(3) to purchase ordinary school furniture or supplies of the
character required by the corporation to be paid for from the
current income or revenue coming to it from taxes or by
operation of law.
However, the interest, rents, incomes, issues, and profits may be
devoted to any public educational or public library or similar purpose
for which the managing board or trustee of the corporation believes
adequate 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 a
building to be devoted to a special use of a public educational
or library character; and
(2) the expressed will of the donor or testator will not be
violated;
the principal may be used for that purpose, notwithstanding any other
provision of this chapter. This subsection may not be construed to
permit its use for the building or equipping of buildings for ordinary
graded 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 or
bequest
Sec. 8. (a) If the board of trustees or school commissioners of a
corporation governed by sections 6 through 9 of this chapter desires:
(1) to appoint one (1) or more trustees to hold the title to any
property, real or personal, acquired by the board or
commissioners in the manner mentioned in sections 6 through
9 of this chapter, unless the wish and will of the donor or
testator 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 this
chapter;
the school corporation may name and appoint one (1) or more
trustees and to vest in the trustees the title to the property, subject to
trust and powers as the school corporation may impose, not
inconsistent with the expressed wish or will of the donor or testator
or this chapter applicable to the property if a transfer to a trustee has
not been made.
(b) However, if:
(1) the managing board of the school corporation consists of
less than three (3) persons; and
(2) the school corporation elects to have the property held and
managed by trustees;
the corporation shall establish the terms of the trust and make the
conveyance, and the judge of the circuit court of the county in which
the 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 acquired
by gift or bequest
Sec. 9. (a) It is the main purpose of this chapter that the identity
of the principal of gifts, bequests, and devises to the state's public
schools may not be lost and that the income from investment of the
gifts, bequests, and devises shall be used in giving students the public
education and library advantages that could not be enjoyed if only
the school and library revenue and income provided by law were
available.
(b) Sections 6 through 9 of this chapter may not be construed as
a limitation against the investment and reinvestment either by the
school corporation itself or the trustees appointed under section 8 of
this chapter, as the safety of the fund or the best interests of the
recipient 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; bond
issue authorized
Sec. 10. (a) If a person gives or bequeaths to trustees an amount
of money that exceeds five thousand dollars ($5,000) to erect a
public school building or seminary in any unincorporated town, and
upon the express or implied condition contained in the gift or bequest
that an equal amount shall be raised by the citizens of the town or
township for a like purpose, the township trustee of the township in
which the town is located shall, upon the petition of a majority of the
legal voters of the township, prepare, issue, and sell the bonds of the
township 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%) per
annum, payable at such time, within seven (7) years after the date, as
the 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 for
Congress at the last preceding congressional election in the township
is 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 the
petition presented to the township trustee, to which petition shall be
attached the affidavit or affidavits, as the trustee considers necessary,
of a competent and credible person or persons that the signatures of
all the names to the petition are genuine and that the persons who
signed the petition are, as the trustee believes, legal voters of the
township. 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 record
book of the township; and
(2) file and preserve the petition, entering into the record the
date and time the petition was filed.
(b) If the township trustee is satisfied that the petition contains the
names of a majority of the legal voters of the township, the township
trustee shall prepare, issue, and sell bonds of the amount listed in the
petition, as provided in section 10 of this chapter.
(c) The township trustee shall accurately keep a record of all
proceedings 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, may
file a petition in the circuit court of the county asking for the
appointment of appraisers to appraise and assess the value of the real
estate. 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 of
this chapter, the court shall appoint:
(1) one (1) disinterested freeholder residing in the school
corporation 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 the
real 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, the
appraisers shall take an oath before the clerk of the court to make a
fair, true, and honest appraisement of the real estate.
(b) After taking the oath under subsection (a), the appraisers shall
examine the real estate, hear evidence they consider necessary, and
make 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 township
trustee or school trustees of the school corporation, or a majority of
them, may pay to the clerk of the court, for the use of the owner or
owners of the real estate, the amount assessed.
(d) When the payment is made under subsection (c) and the
payment is shown to the court hearing the cause:
(1) the title to the real estate vests immediately in the school
corporation or school township for school purposes;
(2) the court shall cause the real estate to be conveyed to the
school corporation or school township by a commissioner
appointed for that purpose; and
(3) the school corporation or school township may immediately
take possession of the real estate for the purpose.
(e) When the report of the appraisers is filed, any party to the
action, not later than ten (10) days, may except to the amount of the
appraisement and valuation of the real estate and a trial may be had
on the exception before the court as other civil causes are tried. The
court shall fix the amount of the appraisement and assessment, and
any party to the action may appeal the judgment of the court as other
civil cases are appealed.
(f) If the township trustee or school trustees, or a majority of
them, except to the amount of the appraisement and assessment:
(1) the court shall convey the real estate to the school
corporation or school township;
(2) the title to the real estate vests immediately in the school
corporation or school township for the purposes; and
(3) subsequent proceedings upon the exceptions affect only the
amount 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 before
petition; costs of subsequent action
Sec. 16. Before the filing of the petition, the township trustee or
school trustees, or a majority of them, may offer or tender to the
owner or owners of the real estate an amount considered a reasonable
value for the real estate. If the amount fixed by the appraisers or by
the court later becomes the same or less than the amount tendered:
(1) the cause shall be prosecuted at the cost of the owner or
owners of the real estate; and
(2) upon exception to the amount fixed by the appraisers, if the
exceptor does not increase the amount of the appraisement and
assessment, the action on the exception shall be at the cost of
the exceptor.
If an amount has not been tendered by the township trustee or school
trustees, or a majority of them, and an exception is not taken, the
action 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 school
purposes; 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 under
IC 5-17-2 (before its repeal) or IC 4-13-1.7, permitting the purchase
of suitable surplus government buildings, may not be purchased for
use as a school building unless the building was originally
constructed for use by the school corporation and used for that
purpose for at least five (5) years preceding the acquisition as
provided in this section through section 19 of this chapter.
(c) Notwithstanding this section through section 19 of this chapter
limiting the purchase of school buildings, a school corporation may:
(1) purchase suitable buildings or lands, or both, adjacent to
school property for school purposes; and
(2) improve the buildings or lands, or both, after giving notice
to the taxpayers of the intention of the school corporation to
purchase.
The taxpayers of the school corporation have the same right of
appeal under the same procedure as provided for in IC 6-1.1-20-5
through 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 property
and buildings; issuance procedure
Sec. 18. A school corporation may issue and sell bonds under the
general statutes governing the issuance of bonds to purchase and
improve buildings or lands, or both. All laws relating to approval (if
required) in a local public question under IC 6-1.1-20, the filing of
petitions, remonstrances, and objecting petitions, giving notices of
the filing of petitions, the determination to issue bonds, and the
appropriation of the proceeds of the bonds are applicable to the
issuance 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 or
improvement of property and buildings; issuance procedure
Sec. 19. (a) If:
(1) a school township whose boundaries are coterminous with
the boundaries of the corresponding civil township has
occupied as lessee for at least five (5) years a building
constructed for its use as a school building;
(2) the township board finds that it would be in the best
interests of the school township and its taxpayers for the school
township to purchase the building; and
(3) the entire amount required to pay the cost of acquisition
cannot be provided by the school township on account of the
constitutional debt limitation;
the township board, with the approval of the township trustee, may
authorize the issuance of bonds by each of the school township and
the civil township to provide funds to pay the cost of acquisition of
the building.
(b) The amount of the civil township bonds may not exceed the
amount required to pay the cost of acquisition over and above the
amount that can validly be financed by the school township for that
purpose. The issuance of bonds must be authorized by separate
resolutions specifying the amount, terms, and conditions of the bonds
to be issued by each of the corporations. The bonds issued are the
separate obligations of the corporations, respectively. The bonds
must be payable at times and in amounts not later than twenty (20)
years after the date of issuance as the township board may determine
and shall otherwise be authorized, issued, and sold in accordance
with 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-site
construction method so school corporations might obtain needed
school facilities that, in many cases, would be denied by the higher
cost of conventional construction.
(b) As used in this section through section 26 of this chapter,
"off-site construction" means the fabrication and assembly of the
component parts of various materials at a point other than the
construction site where the parts are normally fabricated or
assembled. As added by P.L.1-2005, SEC.10.
IC 20-26-7-21 Off-site construction; procedure for advertising for plans and
specifications and for bids
Sec. 21. (a) If the governing body or officer of a school
corporation determines to erect or build a school building or
buildings in which off-site construction techniques are to be used, the
governing body or officer shall advertise for plans and specifications
and for bids covering the plans and specifications.
(b) A bidder must file the bidder's plans or specifications with its
bid.
(c) The advertisement shall be published once each week for two
(2) consecutive weeks in two (2) newspapers published in the school
corporation. If only one (1) newspaper is published in the boundaries
of the school corporation, the advertisement shall be published in
that newspaper and in a newspaper of general circulation published
in the county where the school corporation is located. If a newspaper
is not published in the boundaries of the school corporation, the
advertisement shall be published in any two (2) newspapers of
general circulation published in the county where the school
corporation is located. If only one (1) newspaper is published in the
county 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 be
erected and the estimated cost; and
(2) may not require plans and specifications or bids to be filed
for at least four (4) weeks after the date of the last publication
of the advertisement.
(e) Subject to other applicable provisions of sections 20 through
25 of this chapter, the school corporation may accept the bid of the
lowest bidder submitting plans and specifications considered
satisfactory 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 to
construct a building or buildings under the general statutes governing
the issuance and sale of bonds by school corporations if not in
conflict 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 before
execution of contract
Sec. 23. (a) Before the execution of a contract under sections 20
through 25 of this chapter, the plans and specifications for a building
or buildings, which must be prepared by an architect or engineer
registered 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 and
specifications for school buildings.
(b) The plans and specifications must be approved by each agency
in 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 of
compliance
Sec. 24. (a) After the completion of a school building or buildings
erected or constructed under this chapter and before acceptance by
the school corporation, the division of fire and building safety shall
examine and inspect the building or buildings to determine if the
requirements of the contract and the plans and specifications have
been met.
(b) The division of fire and building safety shall immediately
report to the school corporation any deviation from any
requirements.
(c) Before final payment and settlement is made, the division of
fire and building safety must file with the governing body or officer
an affidavit that all requirements of the contract and of the plans and
specifications 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 be
considered to alter, amend, or repeal any other Indiana statute.
However, the provisions of any other statute may not apply to
proceedings under sections 20 through 24 of this chapter to the
extent that the statute is inconsistent with sections 20 through 24 of
this chapter. As added by P.L.1-2005, SEC.10. IC 20-26-7-26 Duties and liabilities of school corporations with respect to
municipal 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 public
improvements affecting the common school corporation's real estate
that private owners of real estate possess or to which private owners
of real estate are subject.
(b) The real estate of a common school corporation is subject to
liens for municipal assessments for public improvements if the real
estate:
(1) had been owned by a private owner; and
(2) would have been subject to a lien at the time the lien was
attached.
(c) A penalty or an attorney's fee concerning a municipal
assessment 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 school
purposes
Sec. 27. The superintendent of a school corporation shall cause an
annual inspection to be conducted of all heating systems and
supporting gas, oil, propane, or any other fuel lines used for school
purposes. 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 under
IC 22-14-2-11 that is not an inspection to determine compliance
with a legal standard for accreditation, the division of fire and
building safety of the department of homeland security
determines that there is a violation of a fire safety law at the
school building;
(2) the fire safety law that the division determines has been
violated at the school building incorporates a standard that:
(A) was not a fire safety law at the time of the construction
or renovation of the school building and is being applied
retroactively to the building by an employee of the division
of fire and building safety; or
(B) previously was not applicable to the building; and
(3) the violation is not a condition that creates an immediate
safety hazard and is monitored under daily maintenance and
supervision;
the school corporation shall abate the violation before the earlier of
one (1) year after the violation determination or six (6) months after
the start of the school corporation's next budget year following the
violation determination.
(b) The expense of the abatement may be paid out of funds
appropriated for such purposes in the budget year following a
violation 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 this
chapter shall be made to the division of fire and building safety
before September 1 of each year. The report shall be made on forms
prescribed 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 declared
unfit for use for school purposes except as provided in sections 30
through 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 for
condemnation
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 school
corporation 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 school
corporation is located, alleging that the school building designated
in the petition is insanitary or otherwise unfit for use for school
purposes 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 of
hearing
Sec. 31. If a petition is filed under section 30 of this chapter, the
auditor 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 of
school trustees or board of school commissioners of the
school 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 the
school 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 the
notice is published;
(C) before the board of county commissioners and the
county council of the county, acting jointly; and
(D) at which an interested person may appear in person or by
attorney 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 of
commissioners and county council to conduct hearing
Sec. 32. (a) The auditor shall call a special session of the board of
county 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 the
hearing. 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 chapter
may be adjourned from day to day.
(b) When the hearing has concluded, the board of county
commissioners and county council, acting jointly, shall determine
from:
(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, the
board and council shall fix a date when the order of the board and
council becomes effective. An appeal from the finding and
determination of the board of county commissioners may be made to
the circuit or superior court of the county in the same manner as
appeals 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 or
refusing to grant commission; effect on academic standing of
students
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 properly
applied for;
because of the physical condition of any of the buildings in which the
high school is conducted or maintained.
(b) The credits or the academic standing of a person who is a
pupil in or a graduate of a high school may not be affected or
determined by the physical condition of the building in which the
pupil 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 the
building, changing, or condemnation of a school building occurred.
The appeal may be made to a circuit or superior court of the county
in which the township is located. A final appeal may be made to any
court of last resort in Indiana.
(b) The appeal must:
(1) be made in the name of the person making the appeal or in
the 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 appeal
is taken;
(B) not more than thirty (30) days after the date of final
decision by the state department of health that ordered the
changing, condemnation, or building of the school building
was 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 board
of school trustees if the appeal is made by the residents and
taxpayers 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 made
by serving a summons, regularly issued by the court where cause of
action 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 in
Indiana. If the appeal is made by private citizens, bond approved by
the court shall be given to cover costs and reasonable attorney's fees
if 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 by
any 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 through
IC 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 a
feasibility 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, or
alter 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 through
IC 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 explanations
of the potential value of the proposed project to the school
corporation and to the community shall be given and at which
interested parties may present testimony and questions.
(b) Notice of the hearing shall be given in accordance with
IC 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 and
support 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 of
the project are invited, the governing body shall adopt a resolution
that specifies the following:
(1) The educational purpose the building will serve.
(2) The estimated cost of construction, including the cost of
land.
(3) Any other pertinent information, including the estimated
impact 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 of
agreement
Sec. 39. (a) If:
(1) a school corporation; and
(2) the state, either in the name of the state or in the name of the
trustees 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 or
required for the purpose for which it was acquired, the school
corporation and the state may sell, trade, exchange, or convey to or
with each other the unneeded real estate upon such terms and
conditions mutually agreed upon and incorporated in an agreement
between the trustees or board of trustees of the school corporation
and the state or, if the real estate is held in the name of the trustees
of an agency of the state, by the trustees.
(b) A value must be assigned to each parcel of real estate involved
in the sale, trade, or exchange in the agreement. The assigned value
must 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 the
school corporation.
(2) One (1) to be appointed by the state or, if the real estate is
held in the name of the trustees of an agency of the state, by the
trustees.
(3) One (1) to be appointed by the two (2).
(c) The agreement must provide for payment by the party owning
the real estate of the smaller value to the other party of the difference
of 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; execution
of deed
Sec. 40. Whenever:
(1) an agreement described in section 39 of this chapter is
executed; and
(2) the payment of any money is made;
deeds of conveyance shall be executed by the trustees or board of
trustees of the school corporation and by the state for the transfer of
state 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 new
one erected for the school in a different place; and
(2) the land where the schoolhouse is situated belongs
unconditionally to the township, town, or city;
sell the land, if the trustee believes it is advantageous to the
township, town, or city to do so. The township trustee shall sell the
land for the highest price that can be obtained for the land. Upon
payment of the purchase money to the township, town, or city, the
township trustee shall execute to the purchaser a deed of conveyance,
which must be sufficient to vest in the purchaser the title the
township, town, or city has to the land. The money derived from the
sale 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 prior
conveyance
Sec. 42. (a) If an officer authorized to sell school land sells any
lands without a title to the land, the officer or the officer's successor
in office may convey other land of equal value that is agreed upon by
the officer and the purchaser, purchaser's heirs, or purchaser's
assigns. If an agreement is not made, the purchase money, with
interest, shall be repaid to the purchaser, purchaser's heirs,
purchaser's executors, purchaser's administrators, or purchaser's
assigns.
(b) Purchase money may not be repaid until the prosecuting
attorney 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 school
destroyed by natural disaster
Sec. 43. (a) This section applies to school corporations organized
and formed through reorganization under IC 20-23-4, IC 20-23-6, or
IC 20-23-7 and school townships under IC 20-23-3.
(b) This section applies only when a school corporation or school
township sustains loss by fire, wind, cyclone, or other disaster of all
or a major part of its school building or school buildings.
(c) A school corporation or school township seeking to exercise
its right of eminent domain under IC 32-24 to obtain land for use in
reconstructing or replacing the school building or school buildings
may not condemn more than twice the acreage established by the
state board as the minimum acreage requirement for the type of
school building damaged or destroyed and being reconstructed or
replaced. In determining the acreage, land already owned by the
school corporation or school township that adjoins any part of the
land out of which additional land is sought to be condemned shall be
used in computing the total acreage for the reconstruction or
replacement of the school building or school buildings under this
section. The need for the additional land is subject to judicial review
in the court where the condemnation action is filed and may, at the
request of either party, be tried either by the court or a jury before
appraisers 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 or
directions concerning the way or manner in which the gift,
devise, or bequest may or shall be used or expended for the
benefit of the public schools of the school township; and
(3) a petition is signed by at least fifty (50) resident freeholders
of the school township and filed before August 2 with the
trustee of the school township, requesting the township board
to appropriate and transfer all of the gift, devise, or bequest to
a capital projects fund or debt service fund to be used for the
erection 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 board
meets to establish the tax levy for the ensuing year, all persons
interested in the proposed petition may appear and be heard.
(b) If the township board grants the petition after the hearing, the
township board shall appropriate and transfer all the money of the
gift, devise, or bequest to a capital projects fund or debt service fund
for the erection of a new school building or buildings.
(c) If any gift, devise, or bequest subject to this section consists
of stocks, bonds, or other personal property, the township trustee,
with the consent and approval of the township board, may sell the
stocks, bonds, or other personal property for not less than the market
value of the property on the day on which the property is sold. As added by P.L.2-2006, SEC.128.
IC 20-26-7-1 Sale of unneeded property; disposition of proceeds
Sec. 1. (a) If a governing body of a school corporation determines
that any real or personal property:
(1) is no longer needed for school purposes; or
(2) should, in the interests of the school corporation, be
exchanged for other property;
the governing body may sell or exchange the property in accordance
with IC 36-1-11.
(b) Money derived from the sale or exchange of property under
this 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 the
sale 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 deposit
insurance proceeds received as a result of damage to real or personal
property 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 township
may be conveyed to the corresponding school township in the
manner 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 building
or property
Sec. 4. (a) To transfer or convey a building or other property from
a civil township to the corresponding school township, a petition may
be filed with the board of commissioners of the county in which the
civil township is located that:
(1) asks for the conveyance or transfer of the building or other
property;
(2) describes the nature of the building or other property to be
conveyed 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 civil
township; and
(2) filed in the office of the county auditor.
When the petition is filed, the petitioners shall give a bond, with
good and sufficient freehold sureties, that is payable to the state,
approved by the board of county commissioners, and conditioned to
pay all expenses if the board of county commissioners does not
authorize the proposed conveyance or transfer.
(c) After a petition is filed, the county auditor shall give notice of
the filing of the petition by publication once a week for two (2)
consecutive weeks in one (1) newspaper printed and published in the
county and of general circulation in the county in which the civil
township is located.
(d) The board of commissioners shall:
(1) hear the petition at the next regular meeting and on the day
designated 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 trustee
of the civil township shall convey the building or other property
belonging to the civil township to the corresponding school
township. The school township shall hold, control, and manage the
building or other property. Expenses incurred in the conveyance of
the property, if the conveyance is authorized, shall be paid out of the
general 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) may
convey property owned by the school corporation to a civil city or
other political subdivision for civic purposes if:
(1) the governing body adopts a resolution recommending the
transfer and conveyance of the school property;
(2) the civil city or political subdivision agrees to accept the
school 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 by
gift, devise, or bequest shall hold, use, and dispose of the real
property under the terms and conditions imposed by the donor or
testator. As added by P.L.1-2005, SEC.10.
IC 20-26-7-7 Property acquired by unconditional gift or bequest; expenditure of
principal and interest
Sec. 7. (a) If a common school corporation has acquired or
acquires any personal property or real estate by gift, devise, or
bequest concerning which the donor or testator, at the time of making
the gift, bequest, or devise, does not include conditions or directions
concerning the gift, bequest, or devise inconsistent with this section,
the principal of the gifts, devises, and bequests is inviolate, but the
interest, rents, incomes, issues, and profits thereof may be expended
by the school corporation. The interest, rent, incomes, issues, and
profits may not be devoted:
(1) to the payment of any obligation of the corporation incurred
before the property was acquired;
(2) to the payment of the salaries or wages of:
(A) teachers of the branches commonly and generally taught
in the public schools; or
(B) school or library officers or employees; or
(3) to purchase ordinary school furniture or supplies of the
character required by the corporation to be paid for from the
current income or revenue coming to it from taxes or by
operation of law.
However, the interest, rents, incomes, issues, and profits may be
devoted to any public educational or public library or similar purpose
for which the managing board or trustee of the corporation believes
adequate 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 a
building to be devoted to a special use of a public educational
or library character; and
(2) the expressed will of the donor or testator will not be
violated;
the principal may be used for that purpose, notwithstanding any other
provision of this chapter. This subsection may not be construed to
permit its use for the building or equipping of buildings for ordinary
graded 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 or
bequest
Sec. 8. (a) If the board of trustees or school commissioners of a
corporation governed by sections 6 through 9 of this chapter desires:
(1) to appoint one (1) or more trustees to hold the title to any
property, real or personal, acquired by the board or
commissioners in the manner mentioned in sections 6 through
9 of this chapter, unless the wish and will of the donor or
testator 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 this
chapter;
the school corporation may name and appoint one (1) or more
trustees and to vest in the trustees the title to the property, subject to
trust and powers as the school corporation may impose, not
inconsistent with the expressed wish or will of the donor or testator
or this chapter applicable to the property if a transfer to a trustee has
not been made.
(b) However, if:
(1) the managing board of the school corporation consists of
less than three (3) persons; and
(2) the school corporation elects to have the property held and
managed by trustees;
the corporation shall establish the terms of the trust and make the
conveyance, and the judge of the circuit court of the county in which
the 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 acquired
by gift or bequest
Sec. 9. (a) It is the main purpose of this chapter that the identity
of the principal of gifts, bequests, and devises to the state's public
schools may not be lost and that the income from investment of the
gifts, bequests, and devises shall be used in giving students the public
education and library advantages that could not be enjoyed if only
the school and library revenue and income provided by law were
available.
(b) Sections 6 through 9 of this chapter may not be construed as
a limitation against the investment and reinvestment either by the
school corporation itself or the trustees appointed under section 8 of
this chapter, as the safety of the fund or the best interests of the
recipient 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; bond
issue authorized
Sec. 10. (a) If a person gives or bequeaths to trustees an amount
of money that exceeds five thousand dollars ($5,000) to erect a
public school building or seminary in any unincorporated town, and
upon the express or implied condition contained in the gift or bequest
that an equal amount shall be raised by the citizens of the town or
township for a like purpose, the township trustee of the township in
which the town is located shall, upon the petition of a majority of the
legal voters of the township, prepare, issue, and sell the bonds of the
township 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%) per
annum, payable at such time, within seven (7) years after the date, as
the 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 for
Congress at the last preceding congressional election in the township
is 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 the
petition presented to the township trustee, to which petition shall be
attached the affidavit or affidavits, as the trustee considers necessary,
of a competent and credible person or persons that the signatures of
all the names to the petition are genuine and that the persons who
signed the petition are, as the trustee believes, legal voters of the
township. 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 record
book of the township; and
(2) file and preserve the petition, entering into the record the
date and time the petition was filed.
(b) If the township trustee is satisfied that the petition contains the
names of a majority of the legal voters of the township, the township
trustee shall prepare, issue, and sell bonds of the amount listed in the
petition, as provided in section 10 of this chapter.
(c) The township trustee shall accurately keep a record of all
proceedings 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, may
file a petition in the circuit court of the county asking for the
appointment of appraisers to appraise and assess the value of the real
estate. 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 of
this chapter, the court shall appoint:
(1) one (1) disinterested freeholder residing in the school
corporation 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 the
real 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, the
appraisers shall take an oath before the clerk of the court to make a
fair, true, and honest appraisement of the real estate.
(b) After taking the oath under subsection (a), the appraisers shall
examine the real estate, hear evidence they consider necessary, and
make 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 township
trustee or school trustees of the school corporation, or a majority of
them, may pay to the clerk of the court, for the use of the owner or
owners of the real estate, the amount assessed.
(d) When the payment is made under subsection (c) and the
payment is shown to the court hearing the cause:
(1) the title to the real estate vests immediately in the school
corporation or school township for school purposes;
(2) the court shall cause the real estate to be conveyed to the
school corporation or school township by a commissioner
appointed for that purpose; and
(3) the school corporation or school township may immediately
take possession of the real estate for the purpose.
(e) When the report of the appraisers is filed, any party to the
action, not later than ten (10) days, may except to the amount of the
appraisement and valuation of the real estate and a trial may be had
on the exception before the court as other civil causes are tried. The
court shall fix the amount of the appraisement and assessment, and
any party to the action may appeal the judgment of the court as other
civil cases are appealed.
(f) If the township trustee or school trustees, or a majority of
them, except to the amount of the appraisement and assessment:
(1) the court shall convey the real estate to the school
corporation or school township;
(2) the title to the real estate vests immediately in the school
corporation or school township for the purposes; and
(3) subsequent proceedings upon the exceptions affect only the
amount 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 before
petition; costs of subsequent action
Sec. 16. Before the filing of the petition, the township trustee or
school trustees, or a majority of them, may offer or tender to the
owner or owners of the real estate an amount considered a reasonable
value for the real estate. If the amount fixed by the appraisers or by
the court later becomes the same or less than the amount tendered:
(1) the cause shall be prosecuted at the cost of the owner or
owners of the real estate; and
(2) upon exception to the amount fixed by the appraisers, if the
exceptor does not increase the amount of the appraisement and
assessment, the action on the exception shall be at the cost of
the exceptor.
If an amount has not been tendered by the township trustee or school
trustees, or a majority of them, and an exception is not taken, the
action 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 school
purposes; 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 under
IC 5-17-2 (before its repeal) or IC 4-13-1.7, permitting the purchase
of suitable surplus government buildings, may not be purchased for
use as a school building unless the building was originally
constructed for use by the school corporation and used for that
purpose for at least five (5) years preceding the acquisition as
provided in this section through section 19 of this chapter.
(c) Notwithstanding this section through section 19 of this chapter
limiting the purchase of school buildings, a school corporation may:
(1) purchase suitable buildings or lands, or both, adjacent to
school property for school purposes; and
(2) improve the buildings or lands, or both, after giving notice
to the taxpayers of the intention of the school corporation to
purchase.
The taxpayers of the school corporation have the same right of
appeal under the same procedure as provided for in IC 6-1.1-20-5
through 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 property
and buildings; issuance procedure
Sec. 18. A school corporation may issue and sell bonds under the
general statutes governing the issuance of bonds to purchase and
improve buildings or lands, or both. All laws relating to approval (if
required) in a local public question under IC 6-1.1-20, the filing of
petitions, remonstrances, and objecting petitions, giving notices of
the filing of petitions, the determination to issue bonds, and the
appropriation of the proceeds of the bonds are applicable to the
issuance 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 or
improvement of property and buildings; issuance procedure
Sec. 19. (a) If:
(1) a school township whose boundaries are coterminous with
the boundaries of the corresponding civil township has
occupied as lessee for at least five (5) years a building
constructed for its use as a school building;
(2) the township board finds that it would be in the best
interests of the school township and its taxpayers for the school
township to purchase the building; and
(3) the entire amount required to pay the cost of acquisition
cannot be provided by the school township on account of the
constitutional debt limitation;
the township board, with the approval of the township trustee, may
authorize the issuance of bonds by each of the school township and
the civil township to provide funds to pay the cost of acquisition of
the building.
(b) The amount of the civil township bonds may not exceed the
amount required to pay the cost of acquisition over and above the
amount that can validly be financed by the school township for that
purpose. The issuance of bonds must be authorized by separate
resolutions specifying the amount, terms, and conditions of the bonds
to be issued by each of the corporations. The bonds issued are the
separate obligations of the corporations, respectively. The bonds
must be payable at times and in amounts not later than twenty (20)
years after the date of issuance as the township board may determine
and shall otherwise be authorized, issued, and sold in accordance
with 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-site
construction method so school corporations might obtain needed
school facilities that, in many cases, would be denied by the higher
cost of conventional construction.
(b) As used in this section through section 26 of this chapter,
"off-site construction" means the fabrication and assembly of the
component parts of various materials at a point other than the
construction site where the parts are normally fabricated or
assembled. As added by P.L.1-2005, SEC.10.
IC 20-26-7-21 Off-site construction; procedure for advertising for plans and
specifications and for bids
Sec. 21. (a) If the governing body or officer of a school
corporation determines to erect or build a school building or
buildings in which off-site construction techniques are to be used, the
governing body or officer shall advertise for plans and specifications
and for bids covering the plans and specifications.
(b) A bidder must file the bidder's plans or specifications with its
bid.
(c) The advertisement shall be published once each week for two
(2) consecutive weeks in two (2) newspapers published in the school
corporation. If only one (1) newspaper is published in the boundaries
of the school corporation, the advertisement shall be published in
that newspaper and in a newspaper of general circulation published
in the county where the school corporation is located. If a newspaper
is not published in the boundaries of the school corporation, the
advertisement shall be published in any two (2) newspapers of
general circulation published in the county where the school
corporation is located. If only one (1) newspaper is published in the
county 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 be
erected and the estimated cost; and
(2) may not require plans and specifications or bids to be filed
for at least four (4) weeks after the date of the last publication
of the advertisement.
(e) Subject to other applicable provisions of sections 20 through
25 of this chapter, the school corporation may accept the bid of the
lowest bidder submitting plans and specifications considered
satisfactory 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 to
construct a building or buildings under the general statutes governing
the issuance and sale of bonds by school corporations if not in
conflict 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 before
execution of contract
Sec. 23. (a) Before the execution of a contract under sections 20
through 25 of this chapter, the plans and specifications for a building
or buildings, which must be prepared by an architect or engineer
registered 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 and
specifications for school buildings.
(b) The plans and specifications must be approved by each agency
in 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 of
compliance
Sec. 24. (a) After the completion of a school building or buildings
erected or constructed under this chapter and before acceptance by
the school corporation, the division of fire and building safety shall
examine and inspect the building or buildings to determine if the
requirements of the contract and the plans and specifications have
been met.
(b) The division of fire and building safety shall immediately
report to the school corporation any deviation from any
requirements.
(c) Before final payment and settlement is made, the division of
fire and building safety must file with the governing body or officer
an affidavit that all requirements of the contract and of the plans and
specifications 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 be
considered to alter, amend, or repeal any other Indiana statute.
However, the provisions of any other statute may not apply to
proceedings under sections 20 through 24 of this chapter to the
extent that the statute is inconsistent with sections 20 through 24 of
this chapter. As added by P.L.1-2005, SEC.10. IC 20-26-7-26 Duties and liabilities of school corporations with respect to
municipal 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 public
improvements affecting the common school corporation's real estate
that private owners of real estate possess or to which private owners
of real estate are subject.
(b) The real estate of a common school corporation is subject to
liens for municipal assessments for public improvements if the real
estate:
(1) had been owned by a private owner; and
(2) would have been subject to a lien at the time the lien was
attached.
(c) A penalty or an attorney's fee concerning a municipal
assessment 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 school
purposes
Sec. 27. The superintendent of a school corporation shall cause an
annual inspection to be conducted of all heating systems and
supporting gas, oil, propane, or any other fuel lines used for school
purposes. 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 under
IC 22-14-2-11 that is not an inspection to determine compliance
with a legal standard for accreditation, the division of fire and
building safety of the department of homeland security
determines that there is a violation of a fire safety law at the
school building;
(2) the fire safety law that the division determines has been
violated at the school building incorporates a standard that:
(A) was not a fire safety law at the time of the construction
or renovation of the school building and is being applied
retroactively to the building by an employee of the division
of fire and building safety; or
(B) previously was not applicable to the building; and
(3) the violation is not a condition that creates an immediate
safety hazard and is monitored under daily maintenance and
supervision;
the school corporation shall abate the violation before the earlier of
one (1) year after the violation determination or six (6) months after
the start of the school corporation's next budget year following the
violation determination.
(b) The expense of the abatement may be paid out of funds
appropriated for such purposes in the budget year following a
violation 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 this
chapter shall be made to the division of fire and building safety
before September 1 of each year. The report shall be made on forms
prescribed 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 declared
unfit for use for school purposes except as provided in sections 30
through 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 for
condemnation
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 school
corporation 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 school
corporation is located, alleging that the school building designated
in the petition is insanitary or otherwise unfit for use for school
purposes 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 of
hearing
Sec. 31. If a petition is filed under section 30 of this chapter, the
auditor 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 of
school trustees or board of school commissioners of the
school 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 the
school 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 the
notice is published;
(C) before the board of county commissioners and the
county council of the county, acting jointly; and
(D) at which an interested person may appear in person or by
attorney 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 of
commissioners and county council to conduct hearing
Sec. 32. (a) The auditor shall call a special session of the board of
county 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 the
hearing. 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 chapter
may be adjourned from day to day.
(b) When the hearing has concluded, the board of county
commissioners and county council, acting jointly, shall determine
from:
(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, the
board and council shall fix a date when the order of the board and
council becomes effective. An appeal from the finding and
determination of the board of county commissioners may be made to
the circuit or superior court of the county in the same manner as
appeals 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 or
refusing to grant commission; effect on academic standing of
students
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 properly
applied for;
because of the physical condition of any of the buildings in which the
high school is conducted or maintained.
(b) The credits or the academic standing of a person who is a
pupil in or a graduate of a high school may not be affected or
determined by the physical condition of the building in which the
pupil 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 the
building, changing, or condemnation of a school building occurred.
The appeal may be made to a circuit or superior court of the county
in which the township is located. A final appeal may be made to any
court of last resort in Indiana.
(b) The appeal must:
(1) be made in the name of the person making the appeal or in
the 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 appeal
is taken;
(B) not more than thirty (30) days after the date of final
decision by the state department of health that ordered the
changing, condemnation, or building of the school building
was 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 board
of school trustees if the appeal is made by the residents and
taxpayers 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 made
by serving a summons, regularly issued by the court where cause of
action 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 in
Indiana. If the appeal is made by private citizens, bond approved by
the court shall be given to cover costs and reasonable attorney's fees
if 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 by
any 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 through
IC 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 a
feasibility 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, or
alter 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 through
IC 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 explanations
of the potential value of the proposed project to the school
corporation and to the community shall be given and at which
interested parties may present testimony and questions.
(b) Notice of the hearing shall be given in accordance with
IC 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 and
support 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 of
the project are invited, the governing body shall adopt a resolution
that specifies the following:
(1) The educational purpose the building will serve.
(2) The estimated cost of construction, including the cost of
land.
(3) Any other pertinent information, including the estimated
impact 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 of
agreement
Sec. 39. (a) If:
(1) a school corporation; and
(2) the state, either in the name of the state or in the name of the
trustees 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 or
required for the purpose for which it was acquired, the school
corporation and the state may sell, trade, exchange, or convey to or
with each other the unneeded real estate upon such terms and
conditions mutually agreed upon and incorporated in an agreement
between the trustees or board of trustees of the school corporation
and the state or, if the real estate is held in the name of the trustees
of an agency of the state, by the trustees.
(b) A value must be assigned to each parcel of real estate involved
in the sale, trade, or exchange in the agreement. The assigned value
must 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 the
school corporation.
(2) One (1) to be appointed by the state or, if the real estate is
held in the name of the trustees of an agency of the state, by the
trustees.
(3) One (1) to be appointed by the two (2).
(c) The agreement must provide for payment by the party owning
the real estate of the smaller value to the other party of the difference
of 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; execution
of deed
Sec. 40. Whenever:
(1) an agreement described in section 39 of this chapter is
executed; and
(2) the payment of any money is made;
deeds of conveyance shall be executed by the trustees or board of
trustees of the school corporation and by the state for the transfer of
state 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 new
one erected for the school in a different place; and
(2) the land where the schoolhouse is situated belongs
unconditionally to the township, town, or city;
sell the land, if the trustee believes it is advantageous to the
township, town, or city to do so. The township trustee shall sell the
land for the highest price that can be obtained for the land. Upon
payment of the purchase money to the township, town, or city, the
township trustee shall execute to the purchaser a deed of conveyance,
which must be sufficient to vest in the purchaser the title the
township, town, or city has to the land. The money derived from the
sale 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 prior
conveyance
Sec. 42. (a) If an officer authorized to sell school land sells any
lands without a title to the land, the officer or the officer's successor
in office may convey other land of equal value that is agreed upon by
the officer and the purchaser, purchaser's heirs, or purchaser's
assigns. If an agreement is not made, the purchase money, with
interest, shall be repaid to the purchaser, purchaser's heirs,
purchaser's executors, purchaser's administrators, or purchaser's
assigns.
(b) Purchase money may not be repaid until the prosecuting
attorney 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 school
destroyed by natural disaster
Sec. 43. (a) This section applies to school corporations organized
and formed through reorganization under IC 20-23-4, IC 20-23-6, or
IC 20-23-7 and school townships under IC 20-23-3.
(b) This section applies only when a school corporation or school
township sustains loss by fire, wind, cyclone, or other disaster of all
or a major part of its school building or school buildings.
(c) A school corporation or school township seeking to exercise
its right of eminent domain under IC 32-24 to obtain land for use in
reconstructing or replacing the school building or school buildings
may not condemn more than twice the acreage established by the
state board as the minimum acreage requirement for the type of
school building damaged or destroyed and being reconstructed or
replaced. In determining the acreage, land already owned by the
school corporation or school township that adjoins any part of the
land out of which additional land is sought to be condemned shall be
used in computing the total acreage for the reconstruction or
replacement of the school building or school buildings under this
section. The need for the additional land is subject to judicial review
in the court where the condemnation action is filed and may, at the
request of either party, be tried either by the court or a jury before
appraisers 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 or
directions concerning the way or manner in which the gift,
devise, or bequest may or shall be used or expended for the
benefit of the public schools of the school township; and
(3) a petition is signed by at least fifty (50) resident freeholders
of the school township and filed before August 2 with the
trustee of the school township, requesting the township board
to appropriate and transfer all of the gift, devise, or bequest to
a capital projects fund or debt service fund to be used for the
erection 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 board
meets to establish the tax levy for the ensuing year, all persons
interested in the proposed petition may appear and be heard.
(b) If the township board grants the petition after the hearing, the
township board shall appropriate and transfer all the money of the
gift, devise, or bequest to a capital projects fund or debt service fund
for the erection of a new school building or buildings.
(c) If any gift, devise, or bequest subject to this section consists
of stocks, bonds, or other personal property, the township trustee,
with the consent and approval of the township board, may sell the
stocks, bonds, or other personal property for not less than the market
value of the property on the day on which the property is sold. As added by P.L.2-2006, SEC.128.
