§ 20-25-4-10 — Limitations on debt; eminent domain power of board of school commissioners

(a) If the compensation to be paid for the
purchase of real estate or an interest in real estate required by the board
for the board's purposes cannot be agreed upon or determined by the:
(1) board; and
(2) persons owning or having an interest in the land desired;
the board may, by eminent domain, determine the compensation and
acquire the title to the real estate or interest in the real estate by court
action under IC 32-24.
(b) The right and power of the board to own and acquire real estate
and interests in real estate in any manner and for any purpose specified
in this chapter or by the general school laws of Indiana is not limited
to real estate situated within the corporate boundaries of the civil city
in which a school city is located. However, the right and power to
acquire and own real estate extends to any parcel or trace of real estate
the whole of which is situated:
(1) within one-half (1/2) mile of the nearest point on the corporate
boundary of the civil city;
(2) within a platted territory:
(A) outside but contiguous to; or
(B) contiguous to another platted territory that is contiguous to;
the corporate boundary of the civil city; or
(3) within one-half (1/2) mile of the nearest point of the boundary
of a platted territory:
(A) outside but contiguous to; or
(B) contiguous to another platted territory that is contiguous to;
the corporate boundary of the civil city.
"Platted territory", as used in this subsection, means a territory or land
area for which a plat has been recorded in the manner provided by
Indiana law pertaining to the recording of plats of land.
(c) Before acquiring any real estate or interest in real estate outside
the corporate limits of the civil city, the board must, by resolution
entered into the record of the board's corporate minutes, find and
determine that, in the judgment of the board, the real estate or interest
in real estate to be acquired will be needed for the future purposes of
the board. This chapter does not limit the right of any board to accept,
own, and hold real estate or an interest in real estate, wherever situated,
that is acquired by the board by gift or devise.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-3-11-22.]

Legislative History

As added by P.L.1-2005, SEC.9. Amended by P.L.2-2006, SEC.113.