Sec. 4. (a) When title to land that is to be transferred to the United States of America under this chapter is held in the name of the state of Indiana, and that land has not been declared surplus and is under the jurisdiction and control of any agency of the state, the state budget agency, with approval of the governor, shall allocate and transfer to that agency of the state from any funds which may be appropriated for use to accomplish the purposes of this chapter, an amount of money which equals the value of the land transferred.

     (b) The value shall be determined by three (3) disinterested appraisers appointed by the governor. The appraisers shall be residents of the state of Indiana. The allocation of funds shall be in addition to any other appropriations made to that agency of the state. In the event that revenue from the land described in this section and transferred to the United States of America under this chapter is pledged as security for bonds issued and outstanding, the money appropriated by this section shall be held by the treasurer of the state of Indiana in a separate sinking fund to be used only for the purposes of paying the interest and principal of the bonds as they become due, and for no other purpose, until the time the bonds are retired. The funds shall be deposited by the treasurer of the state of Indiana, under the provisions of IC 5-13, at interest, and interest earned by reason of deposit shall be credited to and belong to the fund. Any person, firm, limited liability company, or corporation who is the holder of any of the bonds at the time the governor announces the governor’s intention to transfer the land to the United States of America and who is aggrieved by the amount of money allocated and transferred to a sinking fund created under this section, shall have the right to seek bondholders’ damages which may not exceed the face value of the bonds.

As added by Acts 1977, P.L.25, SEC.1. Amended by P.L.19-1987, SEC.1; P.L.8-1993, SEC.8; P.L.215-2016, SEC.20.

Terms Used In Indiana Code 4-3-9-4

  • Agency of the state: means any officer, agency, department, board, bureau, commission, division or institution of the state of Indiana, the trustees or board of directors of any corporation of the state or body politic of the state supported in whole or in part by appropriations from the state, and the trustees of any state-supported university. See Indiana Code 4-3-9-1
  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: means both unimproved and improved land. See Indiana Code 4-3-9-1
  • Transfer: means a gift, grant, conveying, exchange, lease, or sale. See Indiana Code 4-3-9-1
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
  • United States of America: shall include the United States government and any agency or entity thereof. See Indiana Code 4-3-9-1
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