Title 33, Chapter 11, Section 30
( 33-11-30)
(a) Authority to make; terms and conditions. Every insurance company
organized and doing business by virtue of the laws of this state
shall have authority, in addition to all other investments
authorized by law, to invest assets in real estate acquired for the
purpose of leasing the same to any person, firm, or corporation, or
in real estate already leased to any person, firm, or corporation,
under the following terms and conditions: (1) That the lessee shall at his own cost erect, or that there has
already been erected on such real estate, free of liens, a
building or other improvements costing an amount at least equal to
the value of the said real estate exclusive of improvements; but,
if the lease is entered into simultaneously with the purchase of
the real estate, the lessor may agree to erect such improvements
on the real estate; (2) That the said improvements shall remain on the said property
during the period of the lease with provisions when such
improvements are put upon the said property at the cost of the
lessee that at the termination of the lease the ownership of the
improvements free of liens shall vest in the owner of the real
estate; (3) That the lessee shall during the term of the lease, or the
unexpired period of the lease if the property is bought subject to
the lease, pay to the owner of the real estate rent in such amount
as will enable the owner to amortize completely the improvements
put upon the real estate according to a standard amortization
table then in use at or before the end of the normal termination
of the lease or at the end of 30 years should the lease, or the
unexpired period of the lease, be for a longer period than 30
years; and (4) That during the term of the lease the tenant shall pay all
taxes and assessments levied on or against the said real estate,
including improvements, shall keep and maintain the said
improvements in good repair, and shall provide and maintain for
the benefit of the lessor fire and extended coverage insurance on
such improvements at least equal to the then current insurable
value of the improvements. (b) Lease and improvements as prerequisites to treatment as
investment. Real estate acquired pursuant to this article shall not
be treated as an investment unless and until the improvements
required under subsection (a) of this Code section have been
constructed and the lease agreement entered into in accordance with
the terms of this Code section, but if the lessee is a corporation,
the bonds, debentures, notes, or preferred stock of which are
eligible as investments under the laws of this state, the
requirements of this Code section as to the erection of improvements
by the lessee, the cost of the improvements, and the vesting of
ownership of the improvements in the owner of the real estate shall
not be applicable. (c) Treatment as admitted asset. Real estate acquired under
authority of this Code section shall not be treated as an admitted
asset in an amount in excess of the actual investment reduced each
year by decrements out of the income from said property sufficient
to write off completely, based on standard amortization tables in
general use, the improvements at the normal termination of the lease
or at the end of 30 years should the term of the lease, or the
unexpired period of the lease, be for a longer period than 30 years. (d) Limitation of amount. The total investment of any company under
this Code section shall not exceed 5 percent of its admitted assets.
No investment shall be made by any company pursuant to this Code
section which will cause the company's investment in all real
property owned by it to exceed 25 percent of its admitted assets or
when all real property owned by the company equals or exceeds 25
percent of its admitted assets. |