Sec. 5. (a) A public library established as an 1881 city or county incorporation library that has filed the appropriate incorporation instrument in the proper recorder’s office is a corporation and possesses all the rights, powers, and privileges given to corporations by common law to:

(1) sue and be sued;

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Terms Used In Indiana Code 36-12-7-5

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(2) borrow money and secure the payment of the money by notes, mortgages, bonds, or deeds of trust upon the personal or real property of the public library;

(3) purchase, rent, lease, hold, sell, and convey real estate for the benefit of the corporation, and to erect and maintain suitable buildings to accomplish library purposes; and

(4) receive and accept donations, either of money or real estate, either by gift or devise, and to hold, use, mortgage, sell, and convey these donations for the benefit of the corporation, in the manner provided in the deed of gift or devise.

     (b) The real and personal property of the corporation that is established as an 1881 city or county incorporation public library:

(1) is exempt from taxation for state, county, and municipal purposes; and

(2) remains exempt so long as the public library is used exclusively for the general benefit of the inhabitants of the city or county in which the library is located.

     (c) The corporation may establish and maintain a gallery of art and public reading rooms in connection with the corporation’s library. The corporation may also maintain a public park either in connection with the corporation’s library building or separate from the library building.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-7-3.]

As added by P.L.1-2005, SEC.49.

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