IC 36-1-10.5
Chapter 10.5. Purchase of Land or Structures
IC 36-1-10.5-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to:
(1) political subdivisions; and
(2) their agencies.
(b) This chapter does not apply to the purchase of:
(1) real property having a total price (including land and
structures, if any) of twenty-five thousand dollars ($25,000) or
less;
(2) airport land or structures under IC 8-22;
(3) library land or structures under IC 36-12;
(4) school land or structures under IC 20-47;
(5) hospital land or structures by a hospital or health and
hospital corporation established and operated under IC 16-22 or
IC 16-23;
(6) land or structures acquired for a road or street right-of-way
for a federal-aid project funded in any part under 23 U.S.C. 101
et seq.;
(7) land or structures by redevelopment commissions under
IC 36-7-14 or IC 36-7-15.1, or redevelopment authorities under
IC 36-7-14.5; or
(8) land by a municipally owned water utility, if:
(A) the municipally owned water utility has performed or
contracted with another party to perform sampling and
drilling tests of the land; and
(B) the sampling and drilling tests indicate the land has
water resources. As added by P.L.336-1987, SEC.1. Amended by P.L.188-1988,
SEC.4; P.L.114-1989, SEC.2; P.L.2-1993, SEC.197; P.L.221-1997,
SEC.1; P.L.1-2005, SEC.233; P.L.2-2006, SEC.187; P.L.194-2007,
SEC.11.
IC 36-1-10.5-2 "Parking facility" defined
Sec. 2. As used in this chapter, "parking facility" refers to a
parking facility as defined in IC 36-9-1. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-3 "Purchasing agent" defined
Sec. 3. As used in this chapter, "purchasing agent" means the
board or officer of a political subdivision or agency with the power
to purchase land or structures. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-4 "Structure" defined
Sec. 4. As used in this chapter, "structure" means:
(1) a building used in connection with the operation of a
political subdivision; or
(2) a parking facility.
The term includes the site, equipment, and appurtenances to the
building or parking facility. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-5 Purchase of land or structure; required procedures
Sec. 5. A purchasing agent shall purchase land or a structure only
after compliance with the following procedures:
(1) The fiscal body of the political subdivision shall pass a
resolution to the effect that it is interested in making a purchase
of specified land or a structure.
(2) The purchasing agent shall appoint two (2) appraisers to
appraise the fair market value of the land or structure. The
appraisers must be professionally engaged in making appraisals
or be trained as an appraiser and licensed as a broker under
IC 25-34.1.
(3) The appraisers shall return their separate appraisals to the
purchasing agent within thirty (30) days after the date of their
appointment. The purchasing agent shall keep the appraisals on
file in the purchasing agent's office for five (5) years after they
are given to the purchasing agent.
(4) The purchasing agent shall give a copy of both appraisals to
the fiscal body. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-6 Limitation on purchase price
Sec. 6. A purchasing agent may not purchase any land or structure
for a price greater than the average of the two (2) appraisals received
under section 5 of this chapter. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5
Chapter 10.5. Purchase of Land or Structures
IC 36-1-10.5-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to:
(1) political subdivisions; and
(2) their agencies.
(b) This chapter does not apply to the purchase of:
(1) real property having a total price (including land and
structures, if any) of twenty-five thousand dollars ($25,000) or
less;
(2) airport land or structures under IC 8-22;
(3) library land or structures under IC 36-12;
(4) school land or structures under IC 20-47;
(5) hospital land or structures by a hospital or health and
hospital corporation established and operated under IC 16-22 or
IC 16-23;
(6) land or structures acquired for a road or street right-of-way
for a federal-aid project funded in any part under 23 U.S.C. 101
et seq.;
(7) land or structures by redevelopment commissions under
IC 36-7-14 or IC 36-7-15.1, or redevelopment authorities under
IC 36-7-14.5; or
(8) land by a municipally owned water utility, if:
(A) the municipally owned water utility has performed or
contracted with another party to perform sampling and
drilling tests of the land; and
(B) the sampling and drilling tests indicate the land has
water resources. As added by P.L.336-1987, SEC.1. Amended by P.L.188-1988,
SEC.4; P.L.114-1989, SEC.2; P.L.2-1993, SEC.197; P.L.221-1997,
SEC.1; P.L.1-2005, SEC.233; P.L.2-2006, SEC.187; P.L.194-2007,
SEC.11.
IC 36-1-10.5-2 "Parking facility" defined
Sec. 2. As used in this chapter, "parking facility" refers to a
parking facility as defined in IC 36-9-1. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-3 "Purchasing agent" defined
Sec. 3. As used in this chapter, "purchasing agent" means the
board or officer of a political subdivision or agency with the power
to purchase land or structures. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-4 "Structure" defined
Sec. 4. As used in this chapter, "structure" means:
(1) a building used in connection with the operation of a
political subdivision; or
(2) a parking facility.
The term includes the site, equipment, and appurtenances to the
building or parking facility. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-5 Purchase of land or structure; required procedures
Sec. 5. A purchasing agent shall purchase land or a structure only
after compliance with the following procedures:
(1) The fiscal body of the political subdivision shall pass a
resolution to the effect that it is interested in making a purchase
of specified land or a structure.
(2) The purchasing agent shall appoint two (2) appraisers to
appraise the fair market value of the land or structure. The
appraisers must be professionally engaged in making appraisals
or be trained as an appraiser and licensed as a broker under
IC 25-34.1.
(3) The appraisers shall return their separate appraisals to the
purchasing agent within thirty (30) days after the date of their
appointment. The purchasing agent shall keep the appraisals on
file in the purchasing agent's office for five (5) years after they
are given to the purchasing agent.
(4) The purchasing agent shall give a copy of both appraisals to
the fiscal body. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-6 Limitation on purchase price
Sec. 6. A purchasing agent may not purchase any land or structure
for a price greater than the average of the two (2) appraisals received
under section 5 of this chapter. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5
Chapter 10.5. Purchase of Land or Structures
IC 36-1-10.5-1 Application of chapter
Sec. 1. (a) Except as provided in subsection (b), this chapter
applies to:
(1) political subdivisions; and
(2) their agencies.
(b) This chapter does not apply to the purchase of:
(1) real property having a total price (including land and
structures, if any) of twenty-five thousand dollars ($25,000) or
less;
(2) airport land or structures under IC 8-22;
(3) library land or structures under IC 36-12;
(4) school land or structures under IC 20-47;
(5) hospital land or structures by a hospital or health and
hospital corporation established and operated under IC 16-22 or
IC 16-23;
(6) land or structures acquired for a road or street right-of-way
for a federal-aid project funded in any part under 23 U.S.C. 101
et seq.;
(7) land or structures by redevelopment commissions under
IC 36-7-14 or IC 36-7-15.1, or redevelopment authorities under
IC 36-7-14.5; or
(8) land by a municipally owned water utility, if:
(A) the municipally owned water utility has performed or
contracted with another party to perform sampling and
drilling tests of the land; and
(B) the sampling and drilling tests indicate the land has
water resources. As added by P.L.336-1987, SEC.1. Amended by P.L.188-1988,
SEC.4; P.L.114-1989, SEC.2; P.L.2-1993, SEC.197; P.L.221-1997,
SEC.1; P.L.1-2005, SEC.233; P.L.2-2006, SEC.187; P.L.194-2007,
SEC.11.
IC 36-1-10.5-2 "Parking facility" defined
Sec. 2. As used in this chapter, "parking facility" refers to a
parking facility as defined in IC 36-9-1. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-3 "Purchasing agent" defined
Sec. 3. As used in this chapter, "purchasing agent" means the
board or officer of a political subdivision or agency with the power
to purchase land or structures. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-4 "Structure" defined
Sec. 4. As used in this chapter, "structure" means:
(1) a building used in connection with the operation of a
political subdivision; or
(2) a parking facility.
The term includes the site, equipment, and appurtenances to the
building or parking facility. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-5 Purchase of land or structure; required procedures
Sec. 5. A purchasing agent shall purchase land or a structure only
after compliance with the following procedures:
(1) The fiscal body of the political subdivision shall pass a
resolution to the effect that it is interested in making a purchase
of specified land or a structure.
(2) The purchasing agent shall appoint two (2) appraisers to
appraise the fair market value of the land or structure. The
appraisers must be professionally engaged in making appraisals
or be trained as an appraiser and licensed as a broker under
IC 25-34.1.
(3) The appraisers shall return their separate appraisals to the
purchasing agent within thirty (30) days after the date of their
appointment. The purchasing agent shall keep the appraisals on
file in the purchasing agent's office for five (5) years after they
are given to the purchasing agent.
(4) The purchasing agent shall give a copy of both appraisals to
the fiscal body. As added by P.L.336-1987, SEC.1.
IC 36-1-10.5-6 Limitation on purchase price
Sec. 6. A purchasing agent may not purchase any land or structure
for a price greater than the average of the two (2) appraisals received
under section 5 of this chapter. As added by P.L.336-1987, SEC.1.
