CHAPTER 3. BUILDING FACILITIES, EQUIPMENT, LAND
IC 21-34-3
Chapter 3. Building Facilities, Equipment, Land
IC 21-34-3-1
Board; authority to acquire, construct, improve, and operate
building facilities
Sec. 1. The board of trustees of a state educational institution
may, as the board of trustees finds necessary, acquire, erect,
construct, reconstruct, improve, rehabilitate, remodel, repair,
complete, extend, enlarge, equip, furnish, and operate building
facilities 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.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-2
Location of buildings
Sec. 2. A building facility may be located at any place within
Indiana at which the board of trustees of a state educational
institution determines the need exists for the building facilities.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-3
Authority to acquire, erect, construct, rehabilitate, and operate
equipment
Sec. 3. The board of trustees of a state educational institution may
acquire, erect, construct, reconstruct, improve, rehabilitate, remodel,
repair, complete, extend, enlarge, furnish, and operate any equipment
that the board of trustees of a state educational institution considers
necessary for:
(1) carrying on the educational research or public service
programs or discharging the statutory responsibilities of the
state educational institution and the various divisions of the
state educational institution; or
(2) managing, operating, or servicing the state educational
institution.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-4
Authority to acquire or improve real and personal property
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) trade or exchange;
(E) gift, devise, or bequest; or
(F) 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.
(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.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-5
Title to real and personal property
Sec. 5. Except as otherwise provided in IC 21-34-4, title to all
property acquired, including improvements on acquired property,
must be taken and held by and in the name of the board of trustees in
its corporate capacity for the purposes of this article. The board of
trustees of a state educational institution may use for these purposes
real or personal property:
(1) acquired before or after March 10, 1965; or
(2) available on or after March 10, 1965, to the state
educational institution, including real estate (improved or
unimproved), the title to which on or after March 10, 1965, may
be in the name of the state of Indiana for the use and benefit of
the board of trustees of the state educational institution or the
state educational institution under its control.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-6
Approval of plans and specifications; bids; contracts
Sec. 6. (a) A lessor leasing fifty percent (50%) or more of a
building facility or building facilities:
(1) to a state educational institution or to more than one (1)
state educational institution jointly pursuant to sections 4 and
5 of this chapter for a term of five (5) years or more; and
(2) that are to be acquired or constructed and erected by the
lessor;
shall, before commencing the acquisition or construction and
erection, obtain approval of the plans and specifications for the
building facility or building facilities by the lessee or lessees and also
by any other public agencies that are required to approve plans and
specifications for similar building facilities acquired or constructed
and erected by the lessee or lessees.
(b) The lessor shall take bids and enter into a contract or contracts
for the construction and erection of the building facility or building
facilities in accordance with the same procedures required by law to
be followed by the lessee or lessees in the acquisition or construction
and erection of similar building facilities.
As added by P.L.2-2007, SEC.275.
IC 21-34-3-7
Approval of governor; conveyance of deed
Sec. 7. (a) If the board of trustees of a state educational institution
determines to locate a building facility upon real estate, the title to
which is in the name of the state of Indiana for the use and benefit of:
(1) the board of trustees of the state educational institution; or
(2) the state educational institution under its control;
the parcel of real estate reasonably required for the building facility
may, upon request in writing by the board of trustees of the state
educational institution to the governor and with the approval of the
governor, be conveyed by deed from the state of Indiana to the board
of trustees of the state educational institution.
(b) The governor may execute and deliver a deed:
(1) in the name of the state of Indiana;
(2) signed on behalf of the state by the governor;
(3) attested by the auditor of state; and
(4) with the seal of the state affixed to the deed.
As added by P.L.2-2007, SEC.275.