Sec. 29. (a) The city hospital, city, or county desiring to erect buildings on land owned or acquired by the city hospital, city, or county may lease land to the authority for a nominal rental for the same period, including renewal periods, that the lessee proposes to lease the particular land or buildings to be constructed from the authority. The city hospital, city, or county may grant an option to the authority to purchase the land not more than six (6) months after the expiration of the lease from the authority on the land or buildings if the city hospital or lessee does not exercise an option to purchase the buildings within the terms of the lease. If the option price on the land is not fixed in the original lease, the price shall be determined by an appraisal made by:

(1) one (1) disinterested freeholder residing in the county; and

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Terms Used In Indiana Code 16-22-7-29

  • Appraisal: A determination of property value.
  • authority: means the hospital association created by section 5 of this chapter. See Indiana Code 16-22-7-1
  • governing body: means the county executive of a county or the legislative and fiscal body of a city. See Indiana Code 16-22-7-2
  • 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
  • recording officer: when used in reference to a county means the county auditor and when used in reference to a city means the city clerk or clerk-treasurer. See Indiana Code 16-22-7-4
(2) two (2) disinterested appraisers licensed under IC 25-34.1;

who are residents of Indiana appointed by the judge of the circuit court. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the land.

     (b) A lease of land by the city hospital, city, or county must be authorized by the city legislative body, the county executive, or governing board of the hospital, respectively, and a resolution, an order, or an ordinance must be entered in the official records of the governing body. Authorization may be given before or concurrently with the authorization of the lease from the authority to the lessee. The authorization to lease land to the authority is contingent upon the authorization to lease land from the authority. The lease to the authority shall be executed on behalf of the following:

(1) The city by the city executive and the recording officer.

(2) The county by the county executive and auditor.

(3) The authority by the president or vice president and secretary of the governing board.

[Pre-1993 Recodification Citation: 16-12-20.5-17.]

As added by P.L.2-1993, SEC.5. Amended by P.L.113-2006, SEC.11.

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