§ 8-21-9-15 — Acquisition and disposition of land

Indiana § 8-21-9-15

• Jurisdiction: Indiana
• Art. 21: AERONAUTICS
• Ch. 9: Jurisdiction Over Certain Airport Facilities

Text

(a) If the department considers a purchase
expedient, the department may acquire by purchase any land, property,
rights, rights-of-way, franchises, easements, and other interest in lands,
including lands under water and riparian rights, as it considers
necessary or convenient for the construction and operation of any
airport or airport facility.
(b) The appropriation and condemnation of lands and easements in
lands authorized by this chapter must be made under the terms and
conditions of and in the manner prescribed in IC 32-24-1.
(c) The department shall take title in the name of the state of
Indiana.
(d) The department may:
(1) sell, transfer, and convey any land or any interest in land
acquired, or any part of the land or interest in land if the land or
interest in land is no longer needed for such purposes; and
(2) transfer and convey any lands or interests in lands as may be
necessary or convenient for the construction and operation of any
airport or airport facility, or as otherwise required under this
chapter. However, a sale may not be made without the approval
of the governor first obtained and at not less than the appraised
value established by three (3) independent appraisers appointed
by the governor.
The department may restrict the use of any land sold by it and provide
for a reversion to the department if the land is not used for the purpose
represented by the purchaser. Provisions concerning restrictions and
reversions must be set out in appropriate covenants in the deeds of
conveyance. The deeds must be approved by the governor.
(e) The department may lease to others for development or use any
part of the land owned by the department, together with any airport
facility on the land or to be constructed on the land, on terms the
department determines to be advantageous. Leases covering a period
of more than four (4) years must be approved by the governor. Leases
of lands under the jurisdiction or control of the department may be
made only for uses and purposes as are calculated to contribute to the
growth and development of the airport and airport facilities under the
jurisdiction or control of the department.
(f) If the department leases to others for a period of more than four
(4) years an airport facility financed by the issuance of revenue bonds,
the rental must be in an amount at least sufficient to pay the interest on
and principal of the amount of the bonds representing the cost of the
airport facility to the extent the interest and principal is payable during
the term of the lease. The lease must provide for the payment by the
lessee of all costs of maintenance, repair, and insurance.
(g) The department may acquire or purchase an existing airport
facility if:
(1) the facility is located on land acquired for the purpose of
constructing a continental or an intercontinental airport; or
(2) operation of the airport would be detrimental to the safe use
of the airport facility.
(h) The department may enter into contracts, leases and other use
agreements with air carriers, airport concessionaires, airport tenants,
and other airport users under agreed terms, conditions, charges, and
fees for a term not exceeding twenty (20) years. However, lease
agreements for land rental may be entered into for a term not exceeding
ninety-nine (99) years if the lessee will use the leased land for the
construction of buildings or other facilities at the lessee's expense.
Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts
1980, P.L.74, SEC.346; P.L.2-2002, SEC.44.