Right-of-way and thoroughfares.
The introduction of SB0090 is poised to significantly impact local government authority over land use and development. By mandating that any increase in right-of-way must come through eminent domain only, the bill may limit the tools available to county regulators. This seeks to streamline the process but could also complicate negotiations between developers and local government entities, as new projects may face hurdles in securing necessary land without accruing extra costs for developers.
Senate Bill No. 90 aims to amend existing Indiana laws regarding right-of-way and thoroughfare regulations. Essentially, the bill prohibits counties from increasing the apparent right-of-way for county highways by requiring developers to dedicate additional right-of-way as part of subdivision plat approvals. Instead, if additional right-of-way is necessary, such land must be acquired by the county through eminent domain. Furthermore, the bill stipulates that local governments cannot impose additional fees on applicants whose subdivision plats necessitate such eminent domain proceedings.
Notable points of contention surrounding SB0090 may include concerns from local governments regarding their diminished capacity to manage land development effectively. Opponents might argue that mandating the use of eminent domain could complicate or delay infrastructure projects, especially in rapidly growing areas. Supporters may contend that this bill provides clarity and uniformity in land acquisition processes, which ultimately benefits developers by mitigating unexpected costs and bureaucratic delays associated with local plat approval processes.