Indiana § 36-1-11-10.5 Lease of a parkway strip, sidewalk, tree row, or verge

Indiana Statutes

§ 36-1-11-10.5 — Lease of a parkway strip, sidewalk, tree row, or verge

Indiana § 36-1-11-10.5

Title 36LOCAL GOVERNMENT

Art. 1GENERAL PROVISIONS

Ch. 11Disposal of Real or Personal Property

This text of Indiana § 36-1-11-10.5 (Lease of a parkway strip, sidewalk, tree row, or verge) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-1-11-10.5 (2026).

Text

5.

(a)This section applies only to property owned by a political subdivision that fronts and abuts real property assessed as commercial land under the real property assessment rules and guidelines of the department of local government finance. A disposing agent may proceed under this section in leasing the property.

(b)As used in this section, "property of the political subdivision" means real property owned by a political subdivision that extends from the curb or edge of a public street or roadway to the front of commercial property owned by a person. The term includes the following:

(1)A parkway strip, tree row, or verge.

(2)A sidewalk.

(c)A political subdivision may, by ordinance or resolution, authorize the lease of property of the political subdivision to the owner or property ma

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5. (a) This section applies only to property
owned by a political subdivision that fronts and abuts real property
assessed as commercial land under the real property assessment rules
and guidelines of the department of local government finance. A
disposing agent may proceed under this section in leasing the property.
(b) As used in this section, "property of the political subdivision"
means real property owned by a political subdivision that extends from
the curb or edge of a public street or roadway to the front of
commercial property owned by a person. The term includes the
following:
(1) A parkway strip, tree row, or verge.
(2) A sidewalk.
(c) A political subdivision may, by ordinance or resolution,
authorize the lease of property of the political subdivision to the owner
or property manager of the commercial property that abuts or fronts on
the property:
(1) upon such terms as are agreed to between the political
subdivision and the property owner or property manager, subject
to subsection (d); and
(2) without competitive bidding.
(d) The following apply to a lease executed under this section:
(1) A lease may include an option to renew.
(2) A lease may not include an option to purchase.
(3) The property may not be leased to a person who is ineligible
under section 16 of this chapter.
(4) Property owned by a political subdivision may be leased for
a term longer than three (3) years, if the lease is approved by the
fiscal body of the political subdivision.
(5) Upon execution of the lease, the property owner or property
manager shall be responsible for the maintenance, control, and
supervision of the property of the political subdivision, subject to
the public's right to use a sidewalk on the property of the political
subdivision as a walkway.
(6) The lessee shall assume the liability of the political
subdivision for personal injuries and property damage to third
parties occurring on the property during the lease period. A lease
shall be conditioned upon the lessee maintaining insurance
coverage on the leased property for public liability and property
damage in an amount determined sufficient by the political
subdivision.
(7) The lease must be recorded in the office of the recorder of the
county where the property is located.
(e) A lease may not be entered into under this section unless the
lease is authorized by an ordinance or resolution approved by at least
a two-thirds (2/3) vote of the members of the fiscal body of the political
subdivision.