Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1262
AN ACT to amend the Indiana Code concerning utilities and
transportation.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-23-20-25.6, AS ADDED BY P.L.222-2017,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 25.6. (a) As used in this section, "market area"
means a point within the same county as the prior location of an
outdoor advertising sign.
(a) (b) This section applies only to a conforming an outdoor
advertising sign located along the interstate and primary system, as
defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway
where control of outdoor advertising signs is required under 23 U.S.C.
131.
(b) (c) If a conforming an outdoor advertising sign is no longer
visible or becomes obstructed, or must be moved or removed, due to a
noise abatement or safety measure, grade changes, construction,
directional sign, highway widening, or aesthetic improvement made by
any agency of the state along the interstate and primary system or any
other highway, the owner or operator of the outdoor advertising sign,
to the extent allowed by federal or state law, may:
(1) elevate the a conforming outdoor advertising sign; or
(2) relocate the a conforming or nonconforming outdoor
advertising sign to a point within five the market area, if the
new location of hundred (500) feet of its prior location, if the
HEA 1262 — Concur 2
outdoor advertising sign complies with the applicable spacing
requirements and is located in land zoned for commercial or
industrial purposes or unzoned areas used for commercial or
industrial purposes.
(d) If within one (1) year of an action being filed under IC 32-24,
an owner can demonstrate that the owner has made good faith
efforts to relocate a conforming or nonconforming outdoor
advertising sign to a conforming location within the market area,
but the owner has not obtained a new conforming location, the
outdoor advertising sign will be treated as if it cannot be relocated
within the market area. Notwithstanding subsection (e) and
IC 8-23-20.5, if an outdoor advertising sign cannot be elevated or
relocated to a conforming location and elevation within the market
area, the removal or relocation of the outdoor advertising sign
constitutes a taking of a property interest and the owner must be
compensated under section 27 of this chapter. Notwithstanding
subsections (d) and (g), if a conforming outdoor advertising sign
cannot be elevated or relocated within the market area, the
removal or relocation of the conforming outdoor advertising sign
constitutes a total taking of a real property interest, including the
sign structure, and the owner must be compensated under section
27 of this chapter.
(c) (e) Subject to subsection (f), The county or municipality, under
IC 36-7-4, may, if necessary, provide for the elevation or relocation by
ordinance for a special exception to the zoning ordinance of the county
or municipality.
(d) (f) The elevated outdoor advertising sign or outdoor advertising
sign to be relocated shall be the same size as the previous outdoor
relocated, advertising sign and, to the extent allowed by federal or
state law, may be modified: to:
(1) to elevate the sign to make the entire advertising content of
the sign visible; and
(2) to an angle to make the entire advertising content of the sign
visible; and
(3) in size or material type, at the expense of:
(A) the owner, if the modification in size or material type
of the outdoor advertising sign is by choice of the owner;
or
(B) the department, if the modification in size or material
type of the outdoor advertising sign is required for the
outdoor advertising sign to comply with IC 22-13.
(e) (g) This section does not exempt an owner or operator of a sign
HEA 1262 — Concur 3
from submitting to the department any application or fee required by
law.
(f) If the county or municipality does not amend its zoning
ordinance as necessary to provide for a special exception to the zoning
ordinance under subsection (c), notwithstanding IC 8-23-20-10, the
county or municipality is responsible for the payment for just and full
compensation to an owner under IC 32-24.
(h) At least twelve (12) months before the filing of an eminent
domain action to acquire an outdoor advertising sign under
IC 32-24, the department must provide written notice to the
representative of the sign owner identified on the outdoor
advertising sign permit that is on file with the Indiana department
of transportation that a project has been planned that may impact
the outdoor advertising sign.
(i) If the agency fails to provide notice required by subsection
(h) within twelve (12) months of an action being filed against an
owner under IC 32-24, the owner may receive reasonable
compensation for losses associated with the failure to receive
timely notice. However, failure to send notice required by
subsection (h) is not a basis of an objection to a proceeding under
IC 32-24-1-8.
SECTION 2. IC 8-23-20-25.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 25.7. The department may adopt
emergency rules under IC 4-22-2 to implement this chapter. A rule
adopted under this section expires only with the adoption of a new
superseding rule.
SECTION 3. IC 8-23-20-27 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 27. (a) This section applies to a taking of an outdoor
advertising sign through:
(1) the power of eminent domain under IC 32-24; or
(2) a change that prohibits a conforming outdoor advertising
sign from being elevated or relocated under section 25.6 of
this chapter.
(b) As used in this section, "condemnor" means:
(1) any person authorized by Indiana law to exercise the
power of eminent domain; and
(2) an agency of the state that must provide compensation to
the owner of a conforming outdoor advertising sign under
section 25.6 of this chapter.
(c) As used in this section, "outdoor advertising sign" means a
HEA 1262 — Concur 4
sign that is located along the interstate and primary system, as
defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway
where control of outdoor advertising signs is required under 23
U.S.C. 131.
(d) A condemnor that acquires an outdoor advertising sign and
its associated rights under this section shall pay full and just
compensation to the owner of the outdoor advertising sign in an
amount equal to the fair market value of the interests associated
with the outdoor advertising sign, including, but not limited to,
leasehold interests and access rights.
(e) An appraiser shall calculate the fair market value by
considering all valuation approaches based upon the standards
governing recognized valuation approaches to fair market value.
SECTION 4. IC 8-23-20.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]:
Chapter 20.5. Relocation of Conforming Billboards
Sec. 1. This chapter applies to an outdoor advertising sign that
is eligible to be relocated as a conforming sign under
IC 8-23-20-25.6(c) and IC 8-23-20-25.7.
Sec. 2. As used in this chapter, "market area" has the meaning
set forth in IC 8-23-20-25.6(a).
Sec. 3. (a) If a county or municipality either:
(1) subject to IC 8-23-20-10, does not amend its zoning
ordinance as necessary to provide for a special exception to
the zoning ordinance for the relocation of an outdoor
advertising sign; or
(2) does not approve a variance to the zoning ordinance filed
by the outdoor advertising sign's owner that conforms to the
filing requirements;
the county or municipality is responsible for the payment of full
and just compensation for the outdoor advertising sign under
IC 8-23-20-27, including any costs and fees associated with a
variance application, if applicable, to the outdoor advertising sign's
owner.
(b) A county or municipality's consideration of a special
exception or variance may not be a basis to delay the appointment
of appraisers under IC 32-24-1-9.
(c) If a county or municipality has not approved the relocation
of an outdoor advertising sign located within its jurisdiction before
the date an action under IC 32-24 is filed, the county or
municipality must be named as a party to the action.
HEA 1262 — Concur 5
Sec. 4. (a) If an outdoor advertising sign cannot be relocated
within the market area, a court presiding over an action under
IC 32-24 shall order, subject to IC 32-24-1-9:
(1) if an appraisal has not already been submitted to the court,
an appraisal; or
(2) if an appraisal has already been submitted to the court, a
new appraisal;
with instructions to the appraisers that the outdoor advertising
sign is not capable of relocation and must be appraised using the
method described in IC 8-23-20-27.
(b) If a new appraisal is ordered under subsection (a), the new
appraisal may not affect any possession rights obtained under
IC 32-24-1-10.
(c) If a new appraisal is ordered under subsection (a), any party
to the action may file exceptions to the new appraisal with the
court not later than forty-five (45) days after the appraisal report
is mailed.
Sec. 5. The following apply to the removal of an outdoor
advertising sign:
(1) The removal of an outdoor advertising sign by the outdoor
advertising sign's owner to allow for construction may not be
considered a waiver of the owner's rights under this chapter.
(2) An outdoor advertising sign must be removed by the
owner once the amount of damages assessed in the appraisal
is deposited with the court pursuant to IC 32-24-1-10.
(3) If the outdoor advertising sign is removed by the owner,
the owner is responsible for the cost of the removal, subject to
assistance provided under the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601-4655).
(4) If an outdoor advertising sign is removed by the
condemnor, the condemnor is responsible for the cost of the
removal.
Sec. 6. The department may adopt emergency rules under
IC 4-22-2 to implement this chapter. A rule adopted under this
section expires only with the adoption of a new superseding rule.
SECTION 5. IC 36-1-28-2 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 2. (a) This section applies only to a county having a
consolidated city.
(b) As used in this section, "board" refers to the:
(1) board of directors of an agricultural fair society,
HEA 1262 — Concur 6
association, or corporation that is organized under
IC 15-14-5; or
(2) county legislative body;
that owns a county fairgrounds or, by agreement with the owner,
operates the county fairgrounds and is the owner's authorized
agent in the placement of a digital billboard under this chapter.
(c) As used in this section, "property" means the real property
that is part of a county fairgrounds.
(d) Notwithstanding any ordinance adopted under IC 36-7-4,
but subject to subsection (e), the board may place one (1) digital
billboard on the property at a location that is:
(1) selected by the board; and
(2) outside the public right-of-way.
(e) The board is subject to any restriction, approval, or other
requirement of IC 8-23-20 that applies to the placement of the
digital billboard.
(f) The board must provide written notice at least ninety (90)
days before installation of the billboard to the following:
(1) The plan commission, if the property is within the
jurisdiction of a plan commission.
(2) The legislative body of:
(A) any municipality in which the property is located; and
(B) the county in which the property is located, in the case
of a board described in subsection (b)(1).
(g) The board must conduct a public hearing in which the board
receives public comment regarding the digital billboard not earlier
than ninety (90) days before the digital billboard is installed.
(h) The owner of the property shall receive any revenue from a
lease of the property to the digital billboard's owner for the
placement of the digital billboard on the property.
HEA 1262 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1262 — Concur