Bill Text: IN SB0384 | 2013 | Regular Session | Introduced
Bill Title: Prohibits state university use of eminent domain.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Judiciary [SB0384 Detail]
Download: Indiana-2013-SB0384-Introduced.html
Introduced Version
SENATE BILL No. 384
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 21-17-6-7; IC 21-31-2-12; IC 21-34; IC 21-35;
IC 21-41-3-4.
Synopsis: Prohibits state university use of eminent domain. Prohibits
a university, a college, or another educational institution in Indiana
that: (1) provides programs of collegiate or university education or
other postsecondary education; and (2) is supported in whole or in part
by appropriations made by the general assembly; from exercising the
power of eminent domain to acquire real property or personal property.
Effective: July 1, 2013.
Eckerty
January 10, 2013, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 384
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 21-17-6-7; (13)IN0384.1.1. -->
SECTION 1. IC 21-17-6-7, AS ADDED BY P.L.2-2007, SECTION
258, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 7. (a) Except as provided in subsection (b), to
implement an approved redevelopment plan, qualified entities may:
(1) acquire by purchase, gift, grant, condemnation, or lease any real estate, interests in real estate, or personal property within the project area or needed for the redevelopment of the project area;
(2) clear or contract for the clearance of all real estate acquired for redevelopment purposes;
(3) repair and maintain existing structures to be included in the redevelopment plan;
(4) erect new structures or make major structural improvements on existing buildings; and
(5) sell, lease, or grant parts of the land acquired for redevelopment purposes to the municipality or other governmental agency for street, boulevard, levee, sewerage, park, playground, school, and other public purposes:
(A) on terms and conditions; and
(B) with or without compensation;
as agreed upon.
(b) Notwithstanding subsection (a)(1), a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
(1) acquire by purchase, gift, grant, condemnation, or lease any real estate, interests in real estate, or personal property within the project area or needed for the redevelopment of the project area;
(2) clear or contract for the clearance of all real estate acquired for redevelopment purposes;
(3) repair and maintain existing structures to be included in the redevelopment plan;
(4) erect new structures or make major structural improvements on existing buildings; and
(5) sell, lease, or grant parts of the land acquired for redevelopment purposes to the municipality or other governmental agency for street, boulevard, levee, sewerage, park, playground, school, and other public purposes:
(A) on terms and conditions; and
(B) with or without compensation;
as agreed upon.
(b) Notwithstanding subsection (a)(1), a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
SOURCE: IC 21-31-2-12; (13)IN0384.1.2. -->
SECTION 2. IC 21-31-2-12, AS ADDED BY P.L.2-2007,
SECTION 272, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 12. The acquisition of so much land
as may from time to time be needed as a campus by Vincennes
University is declared to be for public use. However, title to land that
is needed as a campus by Vincennes University may not be taken under
the power of eminent domain.
SOURCE: IC 21-34-3-4; (13)IN0384.1.3. -->
SECTION 3. IC 21-34-3-4, AS ADDED BY P.L.2-2007, SECTION
275, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4. (a) The board of trustees of a state educational
institution may:
(1) acquire, under this article or any other applicable law, by:
(A) purchase (for cash or on contract);
(B) lease or sublease for a period not exceeding forty (40) years that the board of trustees approves;
(C) condemnation;
(D) (C) trade or exchange;
(E) (D) gift, devise, or bequest; or
(F) (E) other means; and
(2) improve;
real property (improved or unimproved) and personal property that the board of trustees determines necessary for the purposes set forth in subsection (b) on the terms and conditions and subject to the liens and encumbrances that the board of trustees approves. However, the board of trustees of a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
(b) Any action may be taken under subsection (a) that the board of trustees of the state educational institution considers necessary for:
(1) carrying on the educational research, the public service programs, or the statutory responsibilities of the state educational institution and the various divisions of the state educational institution under the jurisdiction of the board of trustees; or
(2) managing, operating, or servicing the state educational institution.
(1) acquire, under this article or any other applicable law, by:
(A) purchase (for cash or on contract);
(B) lease or sublease for a period not exceeding forty (40) years that the board of trustees approves;
(2) improve;
real property (improved or unimproved) and personal property that the board of trustees determines necessary for the purposes set forth in subsection (b) on the terms and conditions and subject to the liens and encumbrances that the board of trustees approves. However, the board of trustees of a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
(b) Any action may be taken under subsection (a) that the board of trustees of the state educational institution considers necessary for:
(1) carrying on the educational research, the public service programs, or the statutory responsibilities of the state educational institution and the various divisions of the state educational institution under the jurisdiction of the board of trustees; or
(2) managing, operating, or servicing the state educational institution.
SOURCE: IC 21-34-4-3; (13)IN0384.1.4. -->
SECTION 4. IC 21-34-4-3, AS ADDED BY P.L.2-2007, SECTION
275, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 3. A joint use agreement may provide, among other
things, that the board of trustees of each state educational institution
that is a party to the joint use agreement may for the purpose of
performing the joint use agreement, exercise jointly any and all of the
powers that are severally conferred on the board of trustees of each
state educational institution that is a party to the joint use agreement by
this article. including the power to acquire property by condemnation.
SOURCE: IC 21-34-5-1; (13)IN0384.1.5. -->
SECTION 5. IC 21-34-5-1, AS ADDED BY P.L.2-2007, SECTION
275, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 1. In order to:
(1) provide funds with which to pay part or all of the cost of any building facility, work, act, or undertaking authorized by IC 21-34-2, IC 21-34-3-1, or IC 21-34-3-3;
(2) pay part or all of the cost of acquiring real or personal property by purchase, lease, sublease,condemnation, trade or exchange, or
otherwise as provided in section IC 21-34-3-4;
(3) pay part or all of the cost of improving any of the property;
(4) pay the principal of and interest on bonds issued under this article; or
(5) perform the obligations of any joint-use agreements made under IC 21-34-4;
the board of trustees of a state educational institution may, as necessary, fix, charge, and collect a building facilities fee or fees.
(1) provide funds with which to pay part or all of the cost of any building facility, work, act, or undertaking authorized by IC 21-34-2, IC 21-34-3-1, or IC 21-34-3-3;
(2) pay part or all of the cost of acquiring real or personal property by purchase, lease, sublease,
(3) pay part or all of the cost of improving any of the property;
(4) pay the principal of and interest on bonds issued under this article; or
(5) perform the obligations of any joint-use agreements made under IC 21-34-4;
the board of trustees of a state educational institution may, as necessary, fix, charge, and collect a building facilities fee or fees.
SOURCE: IC 21-34-6-1; (13)IN0384.1.6. -->
SECTION 6. IC 21-34-6-1, AS ADDED BY P.L.2-2007, SECTION
275, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 1. The board of trustees of a state educational institution
may borrow money and evidence the loans by the issuance and sale of
bonds of the board of trustees of the state educational institution to
provide funds with which to:
(1) pay part or all of the cost of any building facility, work, act, or undertaking authorized by IC 21-34-2, IC 21-34-3-1, or IC 21-34-3-3;
(2) pay part or all of the cost of acquiring (by purchase, lease, sublease,condemnation, trade, or otherwise) or improving real or
personal property under IC 21-34-3-4; or
(3) perform the obligations of any joint-use agreements under IC 21-34-4.
(1) pay part or all of the cost of any building facility, work, act, or undertaking authorized by IC 21-34-2, IC 21-34-3-1, or IC 21-34-3-3;
(2) pay part or all of the cost of acquiring (by purchase, lease, sublease,
(3) perform the obligations of any joint-use agreements under IC 21-34-4.
SOURCE: IC 21-35-2-7; (13)IN0384.1.7. -->
SECTION 7. IC 21-35-2-7, AS ADDED BY P.L.2-2007, SECTION
276, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 7. The board of trustees of a state educational institution
may acquire under this chapter or any other law, by:
(1) purchase;
(2) lease;
(3) condemnation;
(4) (3) gift; or
(5) (4) other means;
any property, real or personal, that in the judgment of the board of trustees is necessary for the state educational institution's purposes. However, the board of trustees of a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
(1) purchase;
(2) lease;
any property, real or personal, that in the judgment of the board of trustees is necessary for the state educational institution's purposes. However, the board of trustees of a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
SOURCE: IC 21-35-3-8; (13)IN0384.1.8. -->
SECTION 8. IC 21-35-3-8, AS ADDED BY P.L.2-2007, SECTION
276, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 8. A state educational institution may acquire by:
(1) purchase;
(2) lease;
(3) condemnation;
(4) (3) gift; or
(5) (4) other means;
any property, real or personal, that in the judgment of the state educational institution is necessary for a support facility or a research facility. However, a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
(1) purchase;
(2) lease;
any property, real or personal, that in the judgment of the state educational institution is necessary for a support facility or a research facility. However, a state educational institution may not acquire real property or personal property by exercising the power of eminent domain.
SOURCE: IC 21-41-3-4; (13)IN0384.1.9. -->
SECTION 9. IC 21-41-3-4, AS ADDED BY P.L.2-2007, SECTION
282, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 4. The board of trustees may acquire by:
(1) purchase;
(2) lease;
(3) condemnation;
(4) (3) gift; or
(5) (4) other means;
property, real and personal, that, in the judgment of the board of trustees, is necessary to establish the Ball State University college of architecture and planning. However, the board of trustees may not acquire real property or personal property by exercising the power of eminent domain. The board of trustees may use any property that Ball State University acquired before July 1, 1965, for the Ball State University college of architecture and planning. Title to all property acquired by the university for the Ball State University college of architecture and planning, including improvements to property, shall be taken and held by and in the name of the board of trustees in its corporate capacity for the purposes of this chapter.
(1) purchase;
(2) lease;
property, real and personal, that, in the judgment of the board of trustees, is necessary to establish the Ball State University college of architecture and planning. However, the board of trustees may not acquire real property or personal property by exercising the power of eminent domain. The board of trustees may use any property that Ball State University acquired before July 1, 1965, for the Ball State University college of architecture and planning. Title to all property acquired by the university for the Ball State University college of architecture and planning, including improvements to property, shall be taken and held by and in the name of the board of trustees in its corporate capacity for the purposes of this chapter.
