Right-of-way and thoroughfares.
The bill, effective July 1, 2023, restricts local government units, such as towns and counties, from requiring landowners to dedicate additional property for roadways as part of development approvals. Instead, they must utilize the eminent domain process to acquire the necessary land. Additionally, the bill prohibits local governments from imposing extra fees on applicants during subdivision plat filings related to these rights-of-way acquisitions. This legislative change aims to create a more uniform approach in the management of public roads and thoroughfare expansions across the state.
Senate Bill No. 132 (SB0132) introduces amendments to the Indiana Code regarding the processes by which local governments may establish or expand highways and thoroughfares. Specifically, the bill mandates that counties use eminent domain to increase the apparent right-of-way for county highways, rather than allowing the dedication of additional right-of-way as part of the subdivision plat approval process. This change is intended to streamline the acquisition of land necessary for infrastructure development by local government units.
Notable points of contention surrounding SB0132 may arise from concerns related to property rights and local control. Critics may argue that the use of eminent domain can undermine private property rights and that it centralizes decision-making power at the state level, potentially disregarding the specific needs of local communities. By shifting the responsibility for road expansions to the eminent domain process, there may also be fears of increased conflict between local governments and property owners regarding land use and compensation for seized properties.