§ 36-10-5-4 — Municipalities having populations less than 20,000; sale of parkland and minerals and mineral rights; disposition of sale proceeds; transfer of sale proceeds to school corporation; notice; hearing

Indiana § 36-10-5-4

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 10: RECREATION, CULTURE, AND COMMUNITY
• Ch. 5: Miscellaneous Municipal Park Provisions

Text

(a) This section applies to municipalities
having a population of less than twenty thousand (20,000).
(b) If the legislative body of a municipality decides to sell the
parkland, a part of it, the minerals, mineral rights, or royalties for
minerals under the parkland, or part of them, the legislative body may
do so upon passing an ordinance for that purpose providing for the
manner and terms of the sale. The legislative body may plat the land by
laying it off into lots and public ways, and then selling the lots, after
passing an ordinance to that effect or including it in the original
ordinance. However, the land may not be sold until it is appraised as
required in cities for the conveyance of property. If there is a board of
park commissioners in a city, the legislative body shall proceed only
upon a resolution of the board filed with the legislative body.
(c) The proceeds derived from the sale of parkland or from minerals,
mineral rights, or royalties for minerals under parkland shall be
expended for:
(1) the improvement of the remaining parkland of the
municipality;
(2) the purchase of other land for park purposes;
(3) the purchase, improvement, equipment, or maintenance of
playgrounds, swimming pools, comfort stations, or recreation
stations in the municipality; or
(4) a combination of these purposes.
In addition, money may be used for these purposes if it is derived in
part from another source or under another statute.
(d) The legislative body of the municipality may transfer the
proceeds or a part of them derived from the sale of parkland or
minerals, mineral rights, or royalties for minerals under parkland to the
school corporation of the municipality. The proceeds shall be used by
the school corporation for providing, equipping, and maintaining
playgrounds, swimming pools, comfort stations, or recreation stations,
whether they are on school grounds, used in connection with school
grounds or school buildings, or on separate grounds. Before proceeds
may be transferred to the school corporation for any of these purposes,
the legislative body must pass an ordinance providing for the transfer
of the proceeds and for what purposes they may be used.
(e) Before final passage of the ordinance for the platting or sale of
land by a town, notice of a hearing on the ordinance shall be given in
accordance with IC 5-3-1. At the hearing any citizen of the town may
appear and present objections to the ordinance and the sale of the land.
If a remonstrance signed by twenty-five percent (25%) of the legal
voters in the town is filed in the office of the town clerk within the time
limits prescribed in the ordinance, the ordinance may not be passed or
the land sold.
[Pre-Local Government Recodification Citations: subsection
(a) New; subsection (b) formerly18-5-25-1; 18-5-27-1; subsection
(c) formerly 18-5-25-2; 18-5-27-2; subsection (d) formerly
18-5-25-3; 18-5-27-3; subsection (e) formerly 18-5-25-4.]
As added by Acts 1981, P.L.309, SEC.112. Amended by Acts
1981, P.L.45, SEC.101.