§ 8-10-1-10 — Property acquisition, management, and disposition

Indiana § 8-10-1-10

• Jurisdiction: Indiana
• Art. 10: PORTS
• Ch. 1: Ports of Indiana─Organization

Text

(a) The ports of Indiana is hereby authorized
and empowered to acquire by purchase whenever the ports of Indiana
shall deem such purchase expedient, any land, property, rights, rights
of way, franchises, easements, and other interests in lands, including
lands under water and riparian rights, as the ports of Indiana may deem
necessary or convenient for the construction and operation of any port
or project, upon such terms and at such price as may be considered by
the ports of Indiana to be reasonable and can be agreed upon between
the ports of Indiana and the owner thereof, and to take title thereto in
the name of the state.
(b) The ports of Indiana is hereby further authorized and empowered
to sell, transfer, and convey any such land or any interest therein so
acquired, or any portion thereof, when the same shall no longer be
needed for such purposes. The ports of Indiana is further authorized
and empowered to transfer and convey any such lands or interest
therein as may be necessary or convenient for the construction and
operation of any port or project, or as otherwise required under the
provisions of this article. However, no such sale shall be made without
first obtaining the approval of the governor, and a sale may not be
made at less than the appraised value established by three (3)
independent appraisers appointed by the governor. The ports of Indiana
shall be authorized to restrict the use of any land so sold by the ports of
Indiana and provide for a reversion to the ports of Indiana in the event
the land shall not be used for the purpose represented by the purchaser,
and such restrictions and reversions shall be set out in appropriate
covenants in the deeds of conveyance, which deeds shall be subject to
the approval of the governor.
(c) The ports of Indiana shall also be authorized to lease, or grant
options to lease, to others for development any portion of the land
owned by the ports of Indiana, on such terms as the ports of Indiana
shall determine to be advantageous. All such leases or options to lease
which leases cover a period of more than four (4) years shall be subject
to the approval of the governor. Leases of lands under the jurisdiction
or control of the ports of Indiana shall be made only for such uses and
purposes as are calculated to contribute to the growth and development
of ports, terminal facilities, and projects under the jurisdiction or
control of the ports of Indiana. In the event the ports of Indiana shall
lease to others a building or structure financed by the issuance of
revenue bonds under IC 8-10-4, the transaction must be structured as
a self-liquidating or nonrecourse project (as defined in IC 8-10-4-1).
(d) No tenant, lessee, licensee, owner of real estate located within
a port or project, or other person or entity has any right, claim, title, or
interest in any real estate, personal property, or common property
owned by the ports of Indiana, a port, a project, or the state, unless a
written agreement entered into by the ports of Indiana expressly
provides:
(1) the exact nature and extent of the right, claim, title, or interest;
(2) all the conditions under which the right, claim, title, or interest
is granted; and
(3) a legal or complete description of the specific property.
Formerly: Acts 1961, c.11, s.10; Acts 1972, P.L.66, SEC.1. As
amended by P.L.224-2003, SEC.210 and P.L.271-2003, SEC.10;
P.L.232-2005, SEC.6; P.L.98-2008, SEC.20.