Conveyance of real estate; public park

Ind. Code § 10-18-1-17, under Chapter 1. Indiana War Memorials Commission.

Ind. Code § 10-18-1-17

Sec. 17. (a) If squares five (5) and sixteen (16) or any part of those squares in Indianapolis, according to the original plat of the city, are acquired, dedicated, and set apart and added to the real estate dedicated in this chapter by the state for war memorial and other public purposes by Indianapolis, by Marion County, or by the city and county jointly by proper deed, contract, or grant, by which the city or county, or the city and county jointly, convey the real estate or any part of the real estate to the state for war memorial and other public purposes, the commission may accept from the city, the county, or the city and county jointly the deed, grant, or contract by which the real estate or any part of the real estate is conveyed to the state for war memorial and other public purposes, subject to the terms, conditions, and provisions contained in the deed, grant, or contract. (b) The commission may agree that, to the extent that the city, the county, or the city and county jointly appropriate and use money in the acquisition of the real estate or any part of the real estate, the real estate and interests in the real estate and the memorial structures erected on the real estate (to the extent of the money so appropriated and used by the city, by the county, or by the county and city jointly) shall be a city war memorial, a county war memorial, or a joint war memorial. (c) If the real estate or any part of the real estate is acquired and conveyed to the state, the commission may erect structures on outlots five (5) and thirty-six (36) dedicated in this chapter or upon any part of the real estate so dedicated or acquired as provided in this chapter as the commission considers best. (d) The commission shall develop any part or all of the real estate described in this chapter that has been dedicated or acquired as provided in this chapter as a memorial place, together with square twenty-five (25), known as University Square in Indianapolis, according to the original plat of the city, to secure a harmonious and unified architectural and aesthetic effect of the entire series of grounds used and dedicated for memorial purposes. The grounds must include square twenty-five (25), known as University Square, which shall be and constitute a part of the memorial park, and shall be used as a public park. (e) The commission may sell buildings and improvements situated on outlots five (5) and sixteen (16) when they come under the commission's jurisdiction, custody, and control or remove the buildings and improvements as the commission considers best. The commission may contract with Indianapolis, with Marion County, or with the county and city jointly, concerning the use and rents of the buildings and improvements on squares five (5) and sixteen (16) until it is necessary to remove the buildings for the purpose of erecting the memorial structure or structures. The commission may contract with the city or county or the city and county jointly with reference to the sale of buildings and improvements upon the real estate that may be acquired and conveyed to the state by the city or county or by the city and county jointly for War Memorial and other public purposes. The contracts must provide how the proceeds from the rent or sale of buildings and improvements shall be applied. [Pre-2003 Recodification Citation: 10-7-2-30.] As added by P.L.2-2003, SEC.9.

IC 10-18-1-18 Commission powers Sec. 18. The commission may do the following: (1) Make and execute contracts and other instruments that may be required in connection with the erection and maintenance of a suitable structure or structures upon or within Memorial Place. (2) Adopt rules for the following: (A) The proper management, government, and use of Memorial Place and the structures situated on Memorial Place. (B) The government of employees. (3) Acquire by condemnation the right to limit the kind, character, and height of buildings upon and the use of real estate or buildings located within three hundred (300) feet of the outside boundaries. (4) Adopt reasonable rules as are proper to limit the kind, character, and height of buildings located or erected within three hundred (300) feet of the outside boundaries of Memorial Place and the use of the buildings or real estate. A building constructed or maintained or business conducted in violation of any rule may be abated as a nuisance in an action begun and prosecuted by the commission. (5) Receive donations, gifts, devises, and bequests and use them in connection with the purposes of this chapter. (6) Establish a nonprofit corporation to do the following: (A) Promote public support for the purposes of the commission and this chapter. (B) Preserve and promote the historical and educational activities of the commission. (C) Operate for the benefit of the purposes of the commission and this chapter. The corporation is subject to audit by the state board of accounts as if it were a state agency. (7) Transfer money donated to the commission for the purposes described in subdivision (6) to a corporation established under subdivision (6). (8) Transfer: (A) artifacts; (B) images; or (C) documents of cultural heritage, historical, or museum relevance; under the commission's control to a corporation established under subdivision (6) without complying with IC 5-22-21 and IC 5-22-22. [Pre-2003 Recodification Citation: 10-7-2-9.] As added by P.L.2-2003, SEC.9. Amended by P.L.17-2005, SEC.1.