This text of Indiana § 6-1.1-24-6.7 (Transfer of property to a nonprofit entity) 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.
7.
(a)For purposes of this section, in a county
containing a consolidated city "county executive" refers to the board of
commissioners of the county as provided in IC 36-3-3-10.
(b)A county executive may transfer to a nonprofit entity:
(1)property under this section; or
(2)a tax sale certificate under section 17 of this chapter.
(c)As used in this section, "nonprofit entity" means an organization
exempt from federal income taxation under 26 U.S.C. 501(c)(3). (d)The county executive may:
(1)by resolution, identify the property described under section 6
of this chapter that the county executive desires to transfer to
nonprofit entities for use for the public good; and
(2)set a date, time, and place for a public hearing to consider the
transfer of the property to nonprofit entities.
(
Free access — add to your briefcase to read the full text and ask questions with AI
7. (a) For purposes of this section, in a county
containing a consolidated city "county executive" refers to the board of
commissioners of the county as provided in IC 36-3-3-10.
(b) A county executive may transfer to a nonprofit entity:
(1) property under this section; or
(2) a tax sale certificate under section 17 of this chapter.
(c) As used in this section, "nonprofit entity" means an organization
exempt from federal income taxation under 26 U.S.C. 501(c)(3).
(d) The county executive may:
(1) by resolution, identify the property described under section 6
of this chapter that the county executive desires to transfer to
nonprofit entities for use for the public good; and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property to nonprofit entities.
(e) Except as otherwise provided in subsection (f), notice of the
property identified under subsection (d) and the date, time, and place
for the hearing on the proposed transfer of the property on the list shall
be published in accordance with IC 5-3-1. The notice must include a
description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by nonprofit entities as provided in subsection
(h) and hear any opposition to a proposed transfer.
(f) For properties or tax sale certificates that are not transferred when
initially identified for transfer under this section, the county executive
may omit from the notice the descriptions of the properties identified
under subsection (d) if:
(1) the county executive includes in the notice a statement that
descriptions of those tracts or items of real property are available
on the website of the county government or the county
government's contractor and the information may be obtained in an
alternative form from the county executive upon request; and
(2) the descriptions of those tracts or items of real property eligible
for transfer under this section are made available on the website of
the county government or the county government's contractor and
may be obtained from the county executive in an alternative form
upon request in accordance with section 3.4 of this chapter.
(g) After the hearing set under subsection (d), the county executive
shall by resolution make a final determination concerning:
(1) the properties that are to be transferred to a nonprofit entity;
(2) the nonprofit entity to which each property is to be transferred;
and
(3) the terms and conditions of the transfer.
(h) To be eligible to receive property under this section, a nonprofit
entity must file an application with the county executive. The
application must state the property that the nonprofit entity desires to
acquire, the use to be made of the property, and the time period
anticipated for implementation of the use. The application must be
accompanied by documentation verifying the nonprofit status of the
entity and be signed by an officer of the nonprofit entity. If more than
one (1) application for a single property is filed, the county executive
shall determine which application is to be accepted based on the
benefit to be provided to the public and the neighborhood and the
suitability of the stated use for the property and the surrounding area.
(i) After the hearing set under subsection (d) and the final
determination of properties to be transferred under subsection (g), the
county executive, on behalf of the county, shall cause all delinquent
taxes, special assessments, penalties, interest, and costs of sale to be
removed from the tax duplicate and the nonprofit entity is entitled to a
tax deed prepared by the county auditor, if the conditions of IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied. The deed shall provide
for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other terms and conditions that are established by the
county executive; and
(4) the reversion of the property to the county executive if the
grantee nonprofit entity fails to comply with the terms and
conditions.
If the grantee nonprofit entity fails to comply with the terms and
conditions of the transfer and title to the property reverts to the county
executive, the property may be retained by the county executive or
disposed of under any of the provisions of this chapter or IC 6-1.1-25,
or both.