IN
Indiana House Bill HB1262

Indiana 2022 Regular Session

Indiana House Bill HB1262 Compare Versions

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1+*EH1262.2*
2+Reprinted
3+March 1, 2022
4+ENGROSSED
5+HOUSE BILL No. 1262
6+_____
7+DIGEST OF HB 1262 (Updated February 28, 2022 3:32 pm - DI 137)
8+Citations Affected: IC 8-23; IC 36-1.
9+Synopsis: Outdoor advertising signs. Establishes procedures for the
10+valuation of an outdoor advertising sign (sign) that cannot be elevated
11+or relocated to a conforming location within the market area due to a
12+change along the interstate and primary system or any other highway.
13+Requires the Indiana department of transportation to provide written
14+notice to the representative of a sign owner that a project has been
15+planned that may impact the sign at least 12 months prior to the filing
16+of an eminent domain action for the sign. Provides that an owner is
17+entitled to full and just compensation for the taking of a sign in the
18+amount of the fair market value of the interests associated with the
19+sign. In Marion County, allows the: (1) board of directors (board) of an
20+agricultural fair society, association, or corporation; or (2) the county
21+legislative body; that owns or operates a county fairgrounds to place
22+one digital billboard at a location on the county fairgrounds selected by
23+the board.
24+Effective: July 1, 2022.
25+Cherry, Pressel, Austin, Morris
26+(SENATE SPONSORS — CRIDER, BOOTS, RANDOLPH LONNIE M)
27+January 10, 2022, read first time and referred to Committee on Commerce, Small Business
28+and Economic Development.
29+January 20, 2022, amended, reported — Do Pass.
30+January 24, 2022, read second time, ordered engrossed. Engrossed.
31+January 25, 2022, read third time, passed. Yeas 85, nays 4.
32+SENATE ACTION
33+February 2, 2022, read first time and referred to Committee on Judiciary.
34+February 24, 2022, reported favorably — Do Pass.
35+February 28, 2022, read second time, amended, ordered engrossed.
36+EH 1262—LS 7030/DI 137 Reprinted
37+March 1, 2022
138 Second Regular Session of the 122nd General Assembly (2022)
239 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
340 Constitution) is being amended, the text of the existing provision will appear in this style type,
441 additions will appear in this style type, and deletions will appear in this style type.
542 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
643 provision adopted), the text of the new provision will appear in this style type. Also, the
744 word NEW will appear in that style type in the introductory clause of each SECTION that adds
845 a new provision to the Indiana Code or the Indiana Constitution.
946 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1047 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1262
12-AN ACT to amend the Indiana Code concerning utilities and
13-transportation.
48+ENGROSSED
49+HOUSE BILL No. 1262
50+A BILL FOR AN ACT to amend the Indiana Code concerning
51+utilities and transportation.
1452 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 8-23-20-25.6, AS ADDED BY P.L.222-2017,
16-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2022]: Sec. 25.6. (a) As used in this section, "market area"
18-means a point within the same county as the prior location of an
19-outdoor advertising sign.
20-(a) (b) This section applies only to a conforming an outdoor
21-advertising sign located along the interstate and primary system, as
22-defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway
23-where control of outdoor advertising signs is required under 23 U.S.C.
24-131.
25-(b) (c) If a conforming an outdoor advertising sign is no longer
26-visible or becomes obstructed, or must be moved or removed, due to a
27-noise abatement or safety measure, grade changes, construction,
28-directional sign, highway widening, or aesthetic improvement made by
29-any agency of the state along the interstate and primary system or any
30-other highway, the owner or operator of the outdoor advertising sign,
31-to the extent allowed by federal or state law, may:
32-(1) elevate the a conforming outdoor advertising sign; or
33-(2) relocate the a conforming or nonconforming outdoor
34-advertising sign to a point within five the market area, if the
35-new location of hundred (500) feet of its prior location, if the
36-HEA 1262 — Concur 2
37-outdoor advertising sign complies with the applicable spacing
38-requirements and is located in land zoned for commercial or
39-industrial purposes or unzoned areas used for commercial or
40-industrial purposes.
41-(d) If within one (1) year of an action being filed under IC 32-24,
42-an owner can demonstrate that the owner has made good faith
43-efforts to relocate a conforming or nonconforming outdoor
53+1 SECTION 1. IC 8-23-20-25.6, AS ADDED BY P.L.222-2017,
54+2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
55+3 JULY 1, 2022]: Sec. 25.6. (a) As used in this section, "market area"
56+4 means a point within the same county as the prior location of an
57+5 outdoor advertising sign.
58+6 (a) (b) This section applies only to a conforming an outdoor
59+7 advertising sign located along the interstate and primary system, as
60+8 defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway
61+9 where control of outdoor advertising signs is required under 23 U.S.C.
62+10 131.
63+11 (b) (c) If a conforming an outdoor advertising sign is no longer
64+12 visible or becomes obstructed, or must be moved or removed, due to a
65+13 noise abatement or safety measure, grade changes, construction,
66+14 directional sign, highway widening, or aesthetic improvement made by
67+15 any agency of the state along the interstate and primary system or any
68+16 other highway, the owner or operator of the outdoor advertising sign,
69+17 to the extent allowed by federal or state law, may:
70+EH 1262—LS 7030/DI 137 2
71+1 (1) elevate the a conforming outdoor advertising sign; or
72+2 (2) relocate the a conforming or nonconforming outdoor
73+3 advertising sign to a point within five the market area, if the
74+4 new location of hundred (500) feet of its prior location, if the
75+5 outdoor advertising sign complies with the applicable spacing
76+6 requirements and is located in land zoned for commercial or
77+7 industrial purposes or unzoned areas used for commercial or
78+8 industrial purposes.
79+9 (d) If within one (1) year of an action being filed under IC 32-24,
80+10 an owner can demonstrate that the owner has made good faith
81+11 efforts to relocate a conforming or nonconforming outdoor
82+12 advertising sign to a conforming location within the market area,
83+13 but the owner has not obtained a new conforming location, the
84+14 outdoor advertising sign will be treated as if it cannot be relocated
85+15 within the market area. Notwithstanding subsection (e) and
86+16 IC 8-23-20.5, if an outdoor advertising sign cannot be elevated or
87+17 relocated to a conforming location and elevation within the market
88+18 area, the removal or relocation of the outdoor advertising sign
89+19 constitutes a taking of a property interest and the owner must be
90+20 compensated under section 27 of this chapter. Notwithstanding
91+21 subsections (d) and (g), if a conforming outdoor advertising sign
92+22 cannot be elevated or relocated within the market area, the
93+23 removal or relocation of the conforming outdoor advertising sign
94+24 constitutes a total taking of a real property interest, including the
95+25 sign structure, and the owner must be compensated under section
96+26 27 of this chapter.
97+27 (c) (e) Subject to subsection (f), The county or municipality, under
98+28 IC 36-7-4, may, if necessary, provide for the elevation or relocation by
99+29 ordinance for a special exception to the zoning ordinance of the county
100+30 or municipality.
101+31 (d) (f) The elevated outdoor advertising sign or outdoor advertising
102+32 sign to be relocated shall be the same size as the previous outdoor
103+33 relocated, advertising sign and, to the extent allowed by federal or
104+34 state law, may be modified: to:
105+35 (1) to elevate the sign to make the entire advertising content of
106+36 the sign visible; and
107+37 (2) to an angle to make the entire advertising content of the sign
108+38 visible; and
109+39 (3) in size or material type, at the expense of:
110+40 (A) the owner, if the modification in size or material type
111+41 of the outdoor advertising sign is by choice of the owner;
112+42 or
113+EH 1262—LS 7030/DI 137 3
114+1 (B) the department, if the modification in size or material
115+2 type of the outdoor advertising sign is required for the
116+3 outdoor advertising sign to comply with IC 22-13.
117+4 (e) (g) This section does not exempt an owner or operator of a sign
118+5 from submitting to the department any application or fee required by
119+6 law.
120+7 (f) If the county or municipality does not amend its zoning
121+8 ordinance as necessary to provide for a special exception to the zoning
122+9 ordinance under subsection (c), notwithstanding IC 8-23-20-10, the
123+10 county or municipality is responsible for the payment for just and full
124+11 compensation to an owner under IC 32-24.
125+12 (h) At least twelve (12) months before the filing of an eminent
126+13 domain action to acquire an outdoor advertising sign under
127+14 IC 32-24, the department must provide written notice to the
128+15 representative of the sign owner identified on the outdoor
129+16 advertising sign permit that is on file with the Indiana department
130+17 of transportation that a project has been planned that may impact
131+18 the outdoor advertising sign.
132+19 (i) If the agency fails to provide notice required by subsection
133+20 (h) within twelve (12) months of an action being filed against an
134+21 owner under IC 32-24, the owner may receive reasonable
135+22 compensation for losses associated with the failure to receive
136+23 timely notice. However, failure to send notice required by
137+24 subsection (h) is not a basis of an objection to a proceeding under
138+25 IC 32-24-1-8.
139+26 SECTION 2. IC 8-23-20-25.7 IS ADDED TO THE INDIANA
140+27 CODE AS A NEW SECTION TO READ AS FOLLOWS
141+28 [EFFECTIVE JULY 1, 2022]: Sec. 25.7. The department may adopt
142+29 emergency rules under IC 4-22-2 to implement this chapter. A rule
143+30 adopted under this section expires only with the adoption of a new
144+31 superseding rule.
145+32 SECTION 3. IC 8-23-20-27 IS ADDED TO THE INDIANA CODE
146+33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
147+34 1, 2022]: Sec. 27. (a) This section applies to a taking of an outdoor
148+35 advertising sign through:
149+36 (1) the power of eminent domain under IC 32-24; or
150+37 (2) a change that prohibits a conforming outdoor advertising
151+38 sign from being elevated or relocated under section 25.6 of
152+39 this chapter.
153+40 (b) As used in this section, "condemnor" means:
154+41 (1) any person authorized by Indiana law to exercise the
155+42 power of eminent domain; and
156+EH 1262—LS 7030/DI 137 4
157+1 (2) an agency of the state that must provide compensation to
158+2 the owner of a conforming outdoor advertising sign under
159+3 section 25.6 of this chapter.
160+4 (c) As used in this section, "outdoor advertising sign" means a
161+5 sign that is located along the interstate and primary system, as
162+6 defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway
163+7 where control of outdoor advertising signs is required under 23
164+8 U.S.C. 131.
165+9 (d) A condemnor that acquires an outdoor advertising sign and
166+10 its associated rights under this section shall pay full and just
167+11 compensation to the owner of the outdoor advertising sign in an
168+12 amount equal to the fair market value of the interests associated
169+13 with the outdoor advertising sign, including, but not limited to,
170+14 leasehold interests and access rights.
171+15 (e) An appraiser shall calculate the fair market value by
172+16 considering all valuation approaches based upon the standards
173+17 governing recognized valuation approaches to fair market value.
174+18 SECTION 4. IC 8-23-20.5 IS ADDED TO THE INDIANA CODE
175+19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
176+20 JULY 1, 2022]:
177+21 Chapter 20.5. Relocation of Conforming Billboards
178+22 Sec. 1. This chapter applies to an outdoor advertising sign that
179+23 is eligible to be relocated as a conforming sign under
180+24 IC 8-23-20-25.6(c) and IC 8-23-20-25.7.
181+25 Sec. 2. As used in this chapter, "market area" has the meaning
182+26 set forth in IC 8-23-20-25.6(a).
183+27 Sec. 3. (a) If a county or municipality either:
184+28 (1) subject to IC 8-23-20-10, does not amend its zoning
185+29 ordinance as necessary to provide for a special exception to
186+30 the zoning ordinance for the relocation of an outdoor
187+31 advertising sign; or
188+32 (2) does not approve a variance to the zoning ordinance filed
189+33 by the outdoor advertising sign's owner that conforms to the
190+34 filing requirements;
191+35 the county or municipality is responsible for the payment of full
192+36 and just compensation for the outdoor advertising sign under
193+37 IC 8-23-20-27, including any costs and fees associated with a
194+38 variance application, if applicable, to the outdoor advertising sign's
195+39 owner.
196+40 (b) A county or municipality's consideration of a special
197+41 exception or variance may not be a basis to delay the appointment
198+42 of appraisers under IC 32-24-1-9.
199+EH 1262—LS 7030/DI 137 5
200+1 (c) If a county or municipality has not approved the relocation
201+2 of an outdoor advertising sign located within its jurisdiction before
202+3 the date an action under IC 32-24 is filed, the county or
203+4 municipality must be named as a party to the action.
204+5 Sec. 4. (a) If an outdoor advertising sign cannot be relocated
205+6 within the market area, a court presiding over an action under
206+7 IC 32-24 shall order, subject to IC 32-24-1-9:
207+8 (1) if an appraisal has not already been submitted to the court,
208+9 an appraisal; or
209+10 (2) if an appraisal has already been submitted to the court, a
210+11 new appraisal;
211+12 with instructions to the appraisers that the outdoor advertising
212+13 sign is not capable of relocation and must be appraised using the
213+14 method described in IC 8-23-20-27.
214+15 (b) If a new appraisal is ordered under subsection (a), the new
215+16 appraisal may not affect any possession rights obtained under
216+17 IC 32-24-1-10.
217+18 (c) If a new appraisal is ordered under subsection (a), any party
218+19 to the action may file exceptions to the new appraisal with the
219+20 court not later than forty-five (45) days after the appraisal report
220+21 is mailed.
221+22 Sec. 5. The following apply to the removal of an outdoor
222+23 advertising sign:
223+24 (1) The removal of an outdoor advertising sign by the outdoor
224+25 advertising sign's owner to allow for construction may not be
225+26 considered a waiver of the owner's rights under this chapter.
226+27 (2) An outdoor advertising sign must be removed by the
227+28 owner once the amount of damages assessed in the appraisal
228+29 is deposited with the court pursuant to IC 32-24-1-10.
229+30 (3) If the outdoor advertising sign is removed by the owner,
230+31 the owner is responsible for the cost of the removal, subject to
231+32 assistance provided under the Uniform Relocation Assistance
232+33 and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
233+34 4601-4655).
234+35 (4) If an outdoor advertising sign is removed by the
235+36 condemnor, the condemnor is responsible for the cost of the
236+37 removal.
237+38 Sec. 6. The department may adopt emergency rules under
238+39 IC 4-22-2 to implement this chapter. A rule adopted under this
239+40 section expires only with the adoption of a new superseding rule.
240+41 SECTION 5. IC 36-1-28-2 IS ADDED TO THE INDIANA CODE
241+42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
242+EH 1262—LS 7030/DI 137 6
243+1 1, 2022]: Sec. 2. (a) This section applies only to a county having a
244+2 consolidated city.
245+3 (b) As used in this section, "board" refers to the:
246+4 (1) board of directors of an agricultural fair society,
247+5 association, or corporation that is organized under
248+6 IC 15-14-5; or
249+7 (2) county legislative body;
250+8 that owns a county fairgrounds or, by agreement with the owner,
251+9 operates the county fairgrounds and is the owner's authorized
252+10 agent in the placement of a digital billboard under this chapter.
253+11 (c) As used in this section, "property" means the real property
254+12 that is part of a county fairgrounds.
255+13 (d) Notwithstanding any ordinance adopted under IC 36-7-4,
256+14 but subject to subsection (e), the board may place one (1) digital
257+15 billboard on the property at a location that is:
258+16 (1) selected by the board; and
259+17 (2) outside the public right-of-way.
260+18 (e) The board is subject to any restriction, approval, or other
261+19 requirement of IC 8-23-20 that applies to the placement of the
262+20 digital billboard.
263+21 (f) The board must provide written notice at least ninety (90)
264+22 days before installation of the billboard to the following:
265+23 (1) The plan commission, if the property is within the
266+24 jurisdiction of a plan commission.
267+25 (2) The legislative body of:
268+26 (A) any municipality in which the property is located; and
269+27 (B) the county in which the property is located, in the case
270+28 of a board described in subsection (b)(1).
271+29 (g) The board must conduct a public hearing in which the board
272+30 receives public comment regarding the digital billboard not earlier
273+31 than ninety (90) days before the digital billboard is installed.
274+32 (h) The owner of the property shall receive any revenue from a
275+33 lease of the property to the digital billboard's owner for the
276+34 placement of the digital billboard on the property.
277+EH 1262—LS 7030/DI 137 7
278+COMMITTEE REPORT
279+Mr. Speaker: Your Committee on Commerce, Small Business and
280+Economic Development, to which was referred House Bill 1262, has
281+had the same under consideration and begs leave to report the same
282+back to the House with the recommendation that said bill be amended
283+as follows:
284+Page 2, line 9, after "taking" insert "of a real property interest,
285+including the sign structure,".
286+and when so amended that said bill do pass.
287+(Reference is to HB 1262 as introduced.)
288+MORRIS
289+Committee Vote: yeas 12, nays 0.
290+_____
291+COMMITTEE REPORT
292+Madam President: The Senate Committee on Judiciary, to which
293+was referred House Bill No. 1262, has had the same under
294+consideration and begs leave to report the same back to the Senate with
295+the recommendation that said bill DO PASS.
296+ (Reference is to HB 1262 as printed January 20, 2022.)
297+
298+BROWN L, Chairperson
299+Committee Vote: Yeas 8, Nays 0
300+_____
301+SENATE MOTION
302+Madam President: I move that Engrossed House Bill 1262 be
303+amended to read as follows:
304+Page 1, line 4, delete "five hundred (500) feet of" and insert "the
305+same county as".
306+Page 1, line 6, strike "a conforming" and insert "an".
307+Page 1, line 10, strike "a conforming" and insert "an".
308+Page 1, line 17, strike "the" and insert "a conforming".
309+Page 2, line 1, strike "the" and insert "a conforming or
310+EH 1262—LS 7030/DI 137 8
311+nonconforming".
312+Page 2, line 1, strike "five" and insert "the market area, if the new
313+location of".
314+Page 2, line 2, strike "hundred (500) feet of its prior location, if".
315+Page 2, line 6, delete "Notwithstanding", begin a new paragraph and
316+insert:
317+"(d) If within one (1) year of an action being filed under
318+IC 32-24, an owner can demonstrate that the owner has made good
319+faith efforts to relocate a conforming or nonconforming outdoor
44320 advertising sign to a conforming location within the market area,
45321 but the owner has not obtained a new conforming location, the
46322 outdoor advertising sign will be treated as if it cannot be relocated
47323 within the market area. Notwithstanding subsection (e) and
48324 IC 8-23-20.5, if an outdoor advertising sign cannot be elevated or
49325 relocated to a conforming location and elevation within the market
50326 area, the removal or relocation of the outdoor advertising sign
51327 constitutes a taking of a property interest and the owner must be
52-compensated under section 27 of this chapter. Notwithstanding
53-subsections (d) and (g), if a conforming outdoor advertising sign
54-cannot be elevated or relocated within the market area, the
55-removal or relocation of the conforming outdoor advertising sign
56-constitutes a total taking of a real property interest, including the
57-sign structure, and the owner must be compensated under section
58-27 of this chapter.
59-(c) (e) Subject to subsection (f), The county or municipality, under
60-IC 36-7-4, may, if necessary, provide for the elevation or relocation by
61-ordinance for a special exception to the zoning ordinance of the county
62-or municipality.
63-(d) (f) The elevated outdoor advertising sign or outdoor advertising
64-sign to be relocated shall be the same size as the previous outdoor
65-relocated, advertising sign and, to the extent allowed by federal or
66-state law, may be modified: to:
67-(1) to elevate the sign to make the entire advertising content of
68-the sign visible; and
69-(2) to an angle to make the entire advertising content of the sign
70-visible; and
71-(3) in size or material type, at the expense of:
328+compensated under section 27 of this chapter. Notwithstanding".
329+Page 2, line 12, delete "(d)" and insert "(e)".
330+Page 2, line 12, strike "Subject to subsection".
331+Page 2, line 12, delete "(g),".
332+Page 2, line 12, delete "the" and insert "The".
333+Page 2, line 16, delete "(e)" and insert "(f)".
334+Page 2, line 17, strike "relocated shall be the same size as the
335+previous outdoor" and insert "relocated,".
336+Page 2, line 18, strike "advertising sign and,".
337+Page 2, line 19, after "modified" insert ":".
338+Page 2, line 19, strike "to:".
339+Page 2, line 20, before "elevate" insert "to".
340+Page 2, line 21, strike "and".
341+Page 2, line 22, before "an" insert "to".
342+Page 2, line 23, after "visible" delete "." and insert "; and".
343+Page 2, between lines 23 and 24, begin a new line block indented
344+and insert:
345+"(3) in size or material type, at the expense of:
72346 (A) the owner, if the modification in size or material type
73347 of the outdoor advertising sign is by choice of the owner;
74348 or
75349 (B) the department, if the modification in size or material
76350 type of the outdoor advertising sign is required for the
77-outdoor advertising sign to comply with IC 22-13.
78-(e) (g) This section does not exempt an owner or operator of a sign
79-HEA 1262 — Concur 3
80-from submitting to the department any application or fee required by
81-law.
82-(f) If the county or municipality does not amend its zoning
83-ordinance as necessary to provide for a special exception to the zoning
84-ordinance under subsection (c), notwithstanding IC 8-23-20-10, the
85-county or municipality is responsible for the payment for just and full
86-compensation to an owner under IC 32-24.
87-(h) At least twelve (12) months before the filing of an eminent
351+outdoor advertising sign to comply with IC 22-13.".
352+Page 2, line 24, delete "(f)" and insert "(g)".
353+EH 1262—LS 7030/DI 137 9
354+Page 2, line 27, delete "(g)".
355+Page 2, line 27, strike "If the county or municipality does not amend
356+its zoning".
357+Page 2, strike line 28.
358+Page 2, line 29, strike "ordinance under subsection".
359+Page 2, line 29, delete "(d),".
360+Page 2, line 29, strike "notwithstanding IC 8-23-20-10, the".
361+Page 2, strike lines 30 through 31.
362+Page 2, between lines 31 and 32, begin a new paragraph and insert:
363+"(h) At least twelve (12) months before the filing of an eminent
88364 domain action to acquire an outdoor advertising sign under
89365 IC 32-24, the department must provide written notice to the
90366 representative of the sign owner identified on the outdoor
91367 advertising sign permit that is on file with the Indiana department
92368 of transportation that a project has been planned that may impact
93369 the outdoor advertising sign.
94370 (i) If the agency fails to provide notice required by subsection
95371 (h) within twelve (12) months of an action being filed against an
96372 owner under IC 32-24, the owner may receive reasonable
97373 compensation for losses associated with the failure to receive
98374 timely notice. However, failure to send notice required by
99375 subsection (h) is not a basis of an objection to a proceeding under
100376 IC 32-24-1-8.
101377 SECTION 2. IC 8-23-20-25.7 IS ADDED TO THE INDIANA
102378 CODE AS A NEW SECTION TO READ AS FOLLOWS
103379 [EFFECTIVE JULY 1, 2022]: Sec. 25.7. The department may adopt
104380 emergency rules under IC 4-22-2 to implement this chapter. A rule
105381 adopted under this section expires only with the adoption of a new
106-superseding rule.
107-SECTION 3. IC 8-23-20-27 IS ADDED TO THE INDIANA CODE
108-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
109-1, 2022]: Sec. 27. (a) This section applies to a taking of an outdoor
110-advertising sign through:
111-(1) the power of eminent domain under IC 32-24; or
112-(2) a change that prohibits a conforming outdoor advertising
113-sign from being elevated or relocated under section 25.6 of
114-this chapter.
115-(b) As used in this section, "condemnor" means:
116-(1) any person authorized by Indiana law to exercise the
117-power of eminent domain; and
118-(2) an agency of the state that must provide compensation to
119-the owner of a conforming outdoor advertising sign under
120-section 25.6 of this chapter.
121-(c) As used in this section, "outdoor advertising sign" means a
122-HEA 1262 — Concur 4
123-sign that is located along the interstate and primary system, as
124-defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway
125-where control of outdoor advertising signs is required under 23
126-U.S.C. 131.
127-(d) A condemnor that acquires an outdoor advertising sign and
128-its associated rights under this section shall pay full and just
129-compensation to the owner of the outdoor advertising sign in an
130-amount equal to the fair market value of the interests associated
131-with the outdoor advertising sign, including, but not limited to,
132-leasehold interests and access rights.
133-(e) An appraiser shall calculate the fair market value by
134-considering all valuation approaches based upon the standards
135-governing recognized valuation approaches to fair market value.
136-SECTION 4. IC 8-23-20.5 IS ADDED TO THE INDIANA CODE
382+superseding rule.".
383+Page 3, line 12, delete "to:" and insert "to the fair market value of
384+the interests associated with the outdoor advertising sign,
385+including, but not limited to, leasehold interests and access rights.".
386+Page 3, delete lines 13 through 16.
387+Page 3, line 17, delete "under" and insert "by considering all
388+valuation approaches based upon the standards governing
389+recognized valuation approaches to fair market value.".
390+Page 3, delete lines 18 through 21, begin a new paragraph and
391+insert:
392+"SECTION 4. IC 8-23-20.5 IS ADDED TO THE INDIANA CODE
137393 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
138394 JULY 1, 2022]:
139395 Chapter 20.5. Relocation of Conforming Billboards
396+EH 1262—LS 7030/DI 137 10
140397 Sec. 1. This chapter applies to an outdoor advertising sign that
141398 is eligible to be relocated as a conforming sign under
142399 IC 8-23-20-25.6(c) and IC 8-23-20-25.7.
143400 Sec. 2. As used in this chapter, "market area" has the meaning
144401 set forth in IC 8-23-20-25.6(a).
145402 Sec. 3. (a) If a county or municipality either:
146403 (1) subject to IC 8-23-20-10, does not amend its zoning
147404 ordinance as necessary to provide for a special exception to
148405 the zoning ordinance for the relocation of an outdoor
149406 advertising sign; or
150407 (2) does not approve a variance to the zoning ordinance filed
151408 by the outdoor advertising sign's owner that conforms to the
152409 filing requirements;
153410 the county or municipality is responsible for the payment of full
154411 and just compensation for the outdoor advertising sign under
155412 IC 8-23-20-27, including any costs and fees associated with a
156413 variance application, if applicable, to the outdoor advertising sign's
157414 owner.
158415 (b) A county or municipality's consideration of a special
159416 exception or variance may not be a basis to delay the appointment
160417 of appraisers under IC 32-24-1-9.
161418 (c) If a county or municipality has not approved the relocation
162419 of an outdoor advertising sign located within its jurisdiction before
163420 the date an action under IC 32-24 is filed, the county or
164421 municipality must be named as a party to the action.
165-HEA 1262 — Concur 5
166422 Sec. 4. (a) If an outdoor advertising sign cannot be relocated
167423 within the market area, a court presiding over an action under
168424 IC 32-24 shall order, subject to IC 32-24-1-9:
169425 (1) if an appraisal has not already been submitted to the court,
170426 an appraisal; or
171427 (2) if an appraisal has already been submitted to the court, a
172428 new appraisal;
173429 with instructions to the appraisers that the outdoor advertising
174430 sign is not capable of relocation and must be appraised using the
175431 method described in IC 8-23-20-27.
176432 (b) If a new appraisal is ordered under subsection (a), the new
177433 appraisal may not affect any possession rights obtained under
178434 IC 32-24-1-10.
179435 (c) If a new appraisal is ordered under subsection (a), any party
180436 to the action may file exceptions to the new appraisal with the
181437 court not later than forty-five (45) days after the appraisal report
182438 is mailed.
439+EH 1262—LS 7030/DI 137 11
183440 Sec. 5. The following apply to the removal of an outdoor
184441 advertising sign:
185442 (1) The removal of an outdoor advertising sign by the outdoor
186443 advertising sign's owner to allow for construction may not be
187444 considered a waiver of the owner's rights under this chapter.
188445 (2) An outdoor advertising sign must be removed by the
189446 owner once the amount of damages assessed in the appraisal
190447 is deposited with the court pursuant to IC 32-24-1-10.
191448 (3) If the outdoor advertising sign is removed by the owner,
192449 the owner is responsible for the cost of the removal, subject to
193450 assistance provided under the Uniform Relocation Assistance
194451 and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
195452 4601-4655).
196453 (4) If an outdoor advertising sign is removed by the
197454 condemnor, the condemnor is responsible for the cost of the
198455 removal.
199456 Sec. 6. The department may adopt emergency rules under
200457 IC 4-22-2 to implement this chapter. A rule adopted under this
201-section expires only with the adoption of a new superseding rule.
202-SECTION 5. IC 36-1-28-2 IS ADDED TO THE INDIANA CODE
458+section expires only with the adoption of a new superseding rule.".
459+Renumber all SECTIONS consecutively.
460+(Reference is to EHB 1262 as printed February 25, 2022.)
461+CRIDER
462+_____
463+SENATE MOTION
464+Madam President: I move that Engrossed House Bill 1262 be
465+amended to read as follows:
466+Page 3, after line 21, begin a new paragraph and insert:
467+"SECTION 3. IC 36-1-28-2 IS ADDED TO THE INDIANA CODE
203468 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
204469 1, 2022]: Sec. 2. (a) This section applies only to a county having a
205470 consolidated city.
206471 (b) As used in this section, "board" refers to the:
207472 (1) board of directors of an agricultural fair society,
208-HEA 1262 — Concur 6
209473 association, or corporation that is organized under
210474 IC 15-14-5; or
211475 (2) county legislative body;
212476 that owns a county fairgrounds or, by agreement with the owner,
213477 operates the county fairgrounds and is the owner's authorized
214478 agent in the placement of a digital billboard under this chapter.
479+EH 1262—LS 7030/DI 137 12
215480 (c) As used in this section, "property" means the real property
216481 that is part of a county fairgrounds.
217482 (d) Notwithstanding any ordinance adopted under IC 36-7-4,
218483 but subject to subsection (e), the board may place one (1) digital
219484 billboard on the property at a location that is:
220485 (1) selected by the board; and
221486 (2) outside the public right-of-way.
222487 (e) The board is subject to any restriction, approval, or other
223488 requirement of IC 8-23-20 that applies to the placement of the
224489 digital billboard.
225490 (f) The board must provide written notice at least ninety (90)
226491 days before installation of the billboard to the following:
227492 (1) The plan commission, if the property is within the
228493 jurisdiction of a plan commission.
229494 (2) The legislative body of:
230495 (A) any municipality in which the property is located; and
231496 (B) the county in which the property is located, in the case
232497 of a board described in subsection (b)(1).
233498 (g) The board must conduct a public hearing in which the board
234499 receives public comment regarding the digital billboard not earlier
235500 than ninety (90) days before the digital billboard is installed.
236501 (h) The owner of the property shall receive any revenue from a
237502 lease of the property to the digital billboard's owner for the
238-placement of the digital billboard on the property.
239-HEA 1262 — Concur Speaker of the House of Representatives
240-President of the Senate
241-President Pro Tempore
242-Governor of the State of Indiana
243-Date: Time:
244-HEA 1262 — Concur
503+placement of the digital billboard on the property.".
504+(Reference is to EHB 1262 as printed February 25, 2022.)
505+FREEMAN
506+EH 1262—LS 7030/DI 137