(a)As used in this section, "abutting
landowner" means an owner of property that:
(1)touches, borders on, or is contiguous to the property that is the
subject of sale; and
(2)does not constitute a:
(b)As used in this section, "offering price" means the appraised
value of real property plus all costs associated with the sale, including:
(c)The disposing agent may proceed under this section if either of
the following applies:
(1)The assessed value of a tract of real property to be sold is less
than:
(A)except as provided in clause (B) and subsection (i), fifteen
thousand dollars ($15,000); or
(B)an amount greater than fifteen thousand dollars ($15,0
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(a) As used in this section, "abutting
landowner" means an owner of property that:
(1) touches, borders on, or is contiguous to the property that is the
subject of sale; and
(2) does not constitute a:
(A) public easement; or
(B) public right-of-way.
(b) As used in this section, "offering price" means the appraised
value of real property plus all costs associated with the sale, including:
(1) appraisal fees;
(2) title insurance;
(3) recording fees; and
(4) advertising costs.
(c) The disposing agent may proceed under this section if either of
the following applies:
(1) The assessed value of a tract of real property to be sold is less
than:
(A) except as provided in clause (B) and subsection (i), fifteen
thousand dollars ($15,000); or
(B) an amount greater than fifteen thousand dollars ($15,000)
that is specified in an ordinance or a resolution adopted by the
fiscal body of the political subdivision under subsection (i);
based on the most recent assessment of the tract or of the tract of
which it was a part before it was acquired.
(2) If the property has not been assessed and the property was
previously part of a public right-of-way.
(d) The disposing agent may determine that:
(1) the highest and best use of the tract is sale to an abutting
landowner;
(2) the cost to the public of maintaining the tract equals or
exceeds the estimated fair market value of the tract; or
(3) it is economically unjustifiable to sell the tract under section
4 of this chapter.
(e) After the disposing agent makes a determination under
subsection (d), the disposing agent shall publish a notice in accordance
with IC 5-3-1 identifying the tracts intended for sale by legal
description and, if possible, by key number and street address. The
notice may be published solely on the political subdivision's official
website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. The
notice must also include the offering price, a deadline for receiving
offers, and a statement that:
(1) the property may not be sold to a person who is ineligible
under section 16 of this chapter; and
(2) an offer to purchase the property submitted by a trust (as
defined in IC 30-4-1-1(a)) must identify each:
(A) beneficiary of the trust; and
(B) settlor empowered to revoke or modify the trust.
At the time of publication of notice under this subsection, the disposing
agent shall send notice by certified mail to all abutting landowners.
This notice shall contain the same information as the published notice.
(f) The disposing agent shall also have each tract appraised. The
appraiser must be professionally engaged in making appraisals, a
person licensed under IC 25-34.1, or an employee of the political
subdivision who is familiar with the value of the tract. However, if the
assessed value of a tract is less than ten thousand dollars ($10,000),
based on the most recent assessment of the tract or of the tract of which
it was a part before it was acquired, the disposing agent is not required
to have the tract appraised.
(g) If, after the deadline for receiving offers as determined in the
notice, the disposing agent receives an eligible offer to purchase a tract
listed in the notice at or in excess of the offering price, the disposing
agent shall conduct the negotiation and sale of the tract under section
4(d) through 4(g) of this chapter to the highest and best qualified
offeror.
(h) Notwithstanding subsection (g), if after the deadline for
receiving offers as determined in the notice, the disposing agent does
not receive from any person other than an abutting landowner an
eligible offer to purchase the tract at or in excess of the offering price,
the disposing agent shall conduct the negotiation and sale of the tract
as follows:
(1) If only one (1) abutting landowner makes an eligible offer to
purchase the tract, then subject to section 16 of this chapter and
without further appraisal or notice, the disposing agent shall offer
to negotiate for the sale of the tract with that abutting landowner.
(2) If more than one (1) eligible abutting landowner submits an
offer to purchase the tract, the other eligible abutting landowners
who submit offers shall be informed of the highest offer received
and be given an opportunity to submit one (1) additional offer.
The tract shall be sold to the eligible abutting landowner who
submits the highest offer for the tract and who complies with any
requirement under subsection (e)(2).
(3) If no eligible abutting landowner submits an offer to purchase
the tract, the disposing agent may sell the tract to any person who
submits the highest offer for the tract, except a person who is
ineligible to purchase the tract under section 16 of this chapter.
(i) The fiscal body of a political subdivision may adopt an ordinance
(in the case of a county or municipality) or a resolution (in the case of
any other political subdivision) to increase the threshold that applies
under subsection (c)(1) to an amount greater than fifteen thousand
dollars ($15,000).
[Pre-Local Government Recodification Citation: 18-4-5-6
part.]
As added by Acts 1981, P.L.57, SEC.37. Amended by
P.L.47-1983, SEC.5; P.L.332-1985, SEC.1; P.L.333-1985, SEC.1;
P.L.60-1988, SEC.27; P.L.336-1989(ss), SEC.47; P.L.165-1994,
SEC.4; P.L.170-2003, SEC.17; P.L.188-2011, SEC.4; P.L.28-2017,
SEC.2; P.L.146-2024, SEC.7.