Indiana § 36-7-14-22.6 "Abutting landowner"; "offering price"; sale to abutting landowner;
appraisal

Indiana Statutes

§ 36-7-14-22.6 — "Abutting landowner"; "offering price"; sale to abutting landowner; appraisal

Indiana § 36-7-14-22.6

Title 36LOCAL GOVERNMENT

Art. 7PLANNING AND DEVELOPMENT

Ch. 14Redevelopment of Areas Needing Redevelopment

This text of Indiana § 36-7-14-22.6 ("Abutting landowner"; "offering price"; sale to abutting landowner; appraisal) 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 § 36-7-14-22.6 (2026).

Text

6.

(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)If the assessed value of a tract of real property to be sold is less than fifteen thousand dollars ($15,000), based on the most recent assessment of the tract or of the tract of which it was a part before it was acquired, the commission may proceed under this section.

(d)The commission may determine that:

(1)th

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6. (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) If the assessed value of a tract of real property to be sold is less
than fifteen thousand dollars ($15,000), based on the most recent
assessment of the tract or of the tract of which it was a part before it
was acquired, the commission may proceed under this section.
(d) The commission 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
22 of this chapter.
(e) After the commission makes a determination under subsection
(d), the commission 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 IC 36-1-11-16; 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
commission shall send notice by certified mail to all abutting
landowners. This notice shall contain the same information as the
published notice.
(f) The commission shall also have each tract appraised. The
appraiser must be a person who is 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
commission is not required to have the tract appraised.
(g) If, after the deadline for receiving offers as determined in the
notice, the commission receives one (1) or more eligible offers to
purchase a tract listed in the notice at or in excess of the offering price,
the commission shall conduct the negotiation and sale of the tract under
section 22(f), 22(g), and 22(i) 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 commission 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
commission shall conduct the negotiation and sale of the tract as
follows:
(1) If only one (1) eligible abutting landowner makes an eligible
offer to purchase the tract, then subject to IC 36-1-11-16 and
without further appraisal or notice, the commission 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
eligible offer to purchase the tract, the tract shall be sold to the
eligible abutting landowner who submits the highest eligible offer
for the tract and who complies with any requirement under
subsection (e)(2).
(3) If no eligible abutting landowner submits an eligible offer to
purchase the tract, the commission may sell the tract to any
person who submits the highest eligible offer for the tract, except
a person who is ineligible to purchase the tract under IC 36-1-11-16.