Lease v. Sale
On the day the Governor signs the lease of the Indiana Toll Road, the Citizens Action Coalition filed suit in St. Joseph County trying to block the deal. The group is holding a news conference Wednesday afternoon at the Statehouse, but as the Indianapolis Star reports the gist of their compliant is that the Indiana Constitution requires the proceeds from any state-owned asset must go toward paying down public debt.
This argument would work if the State were selling to Toll Road, but it isn’t, it’s leasing it. Governor Daniels has explicitly stated that he does not support any plan to sell one of the state’s most valuable assets. Throughout the terms of the lease, Indiana will always own the road. The Governor also opposes any attempt to redirect the funds to other areas of the state budget.
If you need further explanation, just look in the dictionary.
Webster Definitions:
Lease — a contract by which one conveys real estate, equipment, or facilities for a specified term and for a specified rent.
Sale — the act of selling; specifically : the transfer of ownership of and title to property from one person to another for a price
Major Moves is not unconstitutional because the Governor is not selling the toll-road, he’s leasing it, therefore; under Indiana Law he is not required to deposit the funds generated from the lease to pay off the general debt and that he may use the funds in which ever way he chooses.
There’s another argument the group could use to block Major Moves, but this one isn’t it.
