Indiana § 36-1-11-3 Approval

Indiana Statutes

§ 36-1-11-3 — Approval

Indiana § 36-1-11-3

Title 36LOCAL GOVERNMENT

Art. 1GENERAL PROVISIONS

Ch. 11Disposal of Real or Personal Property

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Bluebook

Ind. Code § 36-1-11-3 (2026).

Text

(a)This section does not apply to the disposal of real property under section 5, 5.5, 5.9, 8, or 18 of this chapter.

(b)Disposal of real property under this chapter is subject to the approval of:

(1)the executive of the political subdivision or agency; or

(2)the fiscal body of the political subdivision or agency, if there is no executive. The executive or fiscal body may not approve a disposal of property without conducting a public hearing after giving notice under IC 5-3-1. However, in a municipality the executive shall designate a board or commission of the municipality to give notice, conduct the hearing, and notify the executive of its recommendation.

(c)Except as provided in section 3.2 of this chapter, in addition, the fiscal body of a unit must approve the following:

(1)Every

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(a) This section does not apply to the disposal
of real property under section 5, 5.5, 5.9, 8, or 18 of this chapter.
(b) Disposal of real property under this chapter is subject to the
approval of:
(1) the executive of the political subdivision or agency; or
(2) the fiscal body of the political subdivision or agency, if there
is no executive.
The executive or fiscal body may not approve a disposal of property
without conducting a public hearing after giving notice under IC 5-3-1.
However, in a municipality the executive shall designate a board or
commission of the municipality to give notice, conduct the hearing, and
notify the executive of its recommendation.
(c) Except as provided in section 3.2 of this chapter, in addition, the
fiscal body of a unit must approve the following:
(1) Every sale of real property that has an appraised value of at
least:
(A) except as provided in clause (B) and subsection (d), fifty
thousand dollars ($50,000); or
(B) an amount greater than fifty thousand dollars ($50,000) that
is specified in an ordinance or a resolution adopted by the fiscal
body of the unit under subsection (d).
(2) Every lease of real property for which the total annual rental
payments will be twenty-five thousand dollars ($25,000) or more.
(3) Every transfer of real property under section 14 or 15 of this
chapter.
(d) The fiscal body of a unit may adopt an ordinance (in the case of
a county or municipality) or a resolution (in the case of a township) to
increase the threshold that applies under subsection (c)(1) to an amount
greater than fifty thousand dollars ($50,000).
[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.2; P.L.331-1985, SEC.1; P.L.330-1985, SEC.3;
P.L.35-1990, SEC.43; P.L.82-1995, SEC.9; P.L.124-1998, SEC.11;
P.L.27-2008, SEC.1; P.L.257-2013, SEC.40; P.L.28-2017,
SEC.1.