§ 36-1-11-1 — Application of chapter

Indiana § 36-1-11-1

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 11: Disposal of Real or Personal Property

Text

(a) Except as provided in subsection (b), this
chapter applies to the disposal of property by:
(1) political subdivisions; and
(2) agencies of political subdivisions.
(b) This chapter does not apply to the following:
(1) The disposal of property under an urban homesteading
program under IC 36-7-17 or IC 36-7-17.1.
(2) The lease of school buildings under IC 20-47.
(3) The sale of land to a lessor in a lease-purchase contract under
IC 36-1-10.
(4) The disposal of property by a redevelopment commission
established under IC 36-7.
(5) The leasing of property by a board of aviation commissioners
established under IC 8-22-2 or an airport authority established
under IC 8-22-3.
(6) The disposal of a municipally owned utility under IC 8-1.5.
(7) Except as provided in sections 5.5 and 5.6 of this chapter, the
sale or lease of property by a unit to an Indiana nonprofit
corporation organized for educational, literary, scientific,
religious, or charitable purposes that is exempt from federal
income taxation under Section 501 of the Internal Revenue Code
or the sale or reletting of that property by the nonprofit
corporation.
(8) The disposal of surplus property by a hospital established and
operated under IC 16-22-1 through IC 16-22-5, IC 16-22-8, IC 16-23-1, or IC 16-24-1.
(9) The sale or lease of property acquired under IC 36-7-13 for
industrial development.
(10) The sale, lease, or disposal of property by a local hospital
authority under IC 5-1-4.
(11) The sale or other disposition of property by a county or
municipality to finance housing under IC 5-20-2.
(12) The disposition of property by a soil and water conservation
district under IC 14-32.
(13) The sale, lease, or disposal of property by the health and
hospital corporation established and operated under IC 16-22-8.
(14) The disposal of personal property by a library board under IC 36-12-3-5(c).
(15) The sale or disposal of property by the historic preservation
commission under IC 36-7-11.1.
(16) The disposal of an interest in property by a housing authority
under IC 36-7-18.
(17) The disposal of property under IC 36-9-37-26.
(18) The disposal of property used for park purposes under IC 36-10-7-8.
(19) The disposal of curricular materials that will no longer be
used by school corporations under IC 20-26-12.
(20) The disposal of residential structures or improvements by a
municipal corporation without consideration to:
(A) a governmental entity; or
(B) a nonprofit corporation that is organized to expand the
supply or sustain the existing supply of good quality, affordable
housing for residents of Indiana having low or moderate
incomes.
(21) The disposal of historic property without consideration to a
nonprofit corporation whose charter or articles of incorporation
allows the corporation to take action for the preservation of
historic property. As used in this subdivision, "historic property"
means property that is:
(A) listed on the National Register of Historic Places; or
(B) eligible for listing on the National Register of Historic
Places, as determined by the division of historic preservation
and archeology of the department of natural resources.
(22) The disposal of real property without consideration to:
(A) a governmental agency; or
(B) a nonprofit corporation that exists for the primary purpose
of enhancing the environment;
when the property is to be used for compliance with a permit or
an order issued by a federal or state regulatory agency to mitigate
an adverse environmental impact.
(23) The disposal of property to a person under an agreement
between the person and a political subdivision or an agency of a
political subdivision under IC 5-23.
(24) The disposal of residential real property pursuant to a federal
aviation regulation (14 CFR 150) Airport Noise Compatibility
Planning Program as approved by the Federal Aviation
Administration.
(25) The disposal of property by a political subdivision to a public
utility (as defined in IC 8-1-2-1) or to a communications service
provider (as defined in IC 8-1-32.5-4).
[Pre-Local Government Recodification Citations: 17-2-47-8
part; 17-4-15-1 part; 18-4-5-6 part; 19-6-2-38 part.]
As added by Acts 1981, P.L.57, SEC.37. Amended by Acts
1982, P.L.208, SEC.1; P.L.16-1983, SEC.21; P.L.182-1985, SEC.15;
P.L.214-1986, SEC.1; P.L.2-1987, SEC.49; P.L.214-1989, SEC.5;
P.L.336-1989(ss), SEC.44; P.L.162-1991, SEC.4; P.L.2-1993,
SEC.198; P.L.98-1993, SEC.11; P.L.1-1994, SEC.172; P.L.165-1994,
SEC.1; P.L.1-1995, SEC.79; P.L.310-1995, SEC.1; P.L.82-1995,
SEC.7; P.L.49-1997, SEC.69; P.L.76-1998, SEC.1; P.L.1-2005,
SEC.234; P.L.184-2005, SEC.37; P.L.2-2006, SEC.188; P.L.154-2012,
SEC.4; P.L.118-2013, SEC.11; P.L.286-2013, SEC.128; P.L.270-2019,
SEC.24; P.L.177-2021, SEC.13.