Sec. 5. (a) The library board may:

(1) acquire real or personal property by purchase, devise, lease, condemnation, or otherwise; and

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Terms Used In Indiana Code 36-12-3-5

  • Bequest: Property gifted by will.
  • 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.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) own any real or personal property for purposes of the public library.

     (b) The library board may:

(1) sell;

(2) exchange; or

(3) otherwise dispose of;

real and personal property no longer needed for library purposes in accordance with IC 36-1-11 and IC 5-22.

     (c) The library board may transfer personal property no longer needed for library purposes for no compensation or a nominal fee to an Indiana nonprofit library organization that is:

(1) tax exempt; and

(2) organized and operated for the exclusive benefit of the library disposing of the property;

without complying with IC 36-1-11 or IC 5-22.

     (d) The library board may:

(1) accept gifts of real or personal property; and

(2) hold, mortgage, lease, or sell the property as directed by the terms of the grant, gift, bequest, or devise;

when the action is in the interest of the public library.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-3-4.]

As added by P.L.1-2005, SEC.49. Amended by P.L.84-2012, SEC.23.