Introduced Version
HOUSE BILL No. 1154
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 6-1.1-5.5; IC 15-11-16; IC 15-12-5-6;
IC 32-24.
Synopsis: Prohibition on taking of designated homestead. Creates the
Hoosier homestead farm program administered by the Indiana state
department of agriculture (department) to: (1) commemorate as
Hoosier homestead farms, those properties that have been owned by the
same family for at least 100 years; and (2) maintain an electronic
registry of Hoosier homestead farms. With certain exceptions, provides
that if a public project involves condemnation of a Hoosier homestead
farm, the Indiana land resources council (council) must approve
condemnation of the farm before the condemnor may take steps to
acquire any other property for the project. Provides that the council
may only approve a condemnation if the council finds that: (1) there is
no feasible and prudent alternative to using the Hoosier homestead
farm for the project; and (2) condemnation of the Hoosier homestead
farm would not have an unreasonably adverse effect upon the
preservation and enhancement of agriculture within the county.
Requires a real estate sales disclosure form to: (1) indicate transfers of
Hoosier homestead farms and the familial relationships (if any)
between transferors and transferees; and (2) requires the local assessor
to forward the forms to the department for use in updating the Hoosier
homestead farms registry.
Effective: July 1, 2024.
Greene
January 8, 2024, read first time and referred to Committee on Agriculture and Rural
Development.
2024 IN 1154—LS 6610/DI 87 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1154
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 6-1.1-5.5-3, AS AMENDED BY P.L.26-2022,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 3. (a) For purposes of this section, "party"
4 includes:
5 (1) a seller of property that is exempt under the seller's ownership;
6 or
7 (2) a purchaser of property that is exempt under the purchaser's
8 ownership;
9 from property taxes under IC 6-1.1-10.
10 (b) Subject to subsections (g) and (h), (h) and (i), before filing a
11 conveyance document with the county auditor under IC 6-1.1-5-4, all
12 the parties to the conveyance must do the following:
13 (1) Complete and sign a sales disclosure form as prescribed by the
14 department of local government finance under section 5 of this
15 chapter. All the parties may sign one (1) form, or if all the parties
16 do not agree on the information to be included on the completed
17 form, each party may sign and file a separate form. For
2024 IN 1154—LS 6610/DI 87 2
1 conveyance transactions involving more than two (2) parties, one
2 (1) transferor and one (1) transferee signing the sales disclosure
3 form is sufficient.
4 (2) Before filing a sales disclosure form with the county auditor,
5 submit the sales disclosure form to the county assessor. The
6 county assessor must review the accuracy and completeness of
7 each sales disclosure form submitted immediately upon receipt of
8 the form and, if the form is accurate and complete, stamp or
9 otherwise approve the form as eligible for filing with the county
10 auditor and return the form to the appropriate party for filing with
11 the county auditor. If multiple forms are filed in a short period,
12 the county assessor shall process the forms as quickly as possible.
13 For purposes of this subdivision, a sales disclosure form is
14 considered to be accurate and complete if:
15 (A) the county assessor does not have substantial evidence
16 when the form is reviewed under this subdivision that
17 information in the form is inaccurate; and
18 (B) both of the following conditions are satisfied:
19 (i) The form contains the information required by section
20 5(a)(1) through 5(a)(16) 5(a)(17) of this chapter as that
21 section applies to the conveyance transaction, subject to the
22 obligation of a party to furnish or correct that information in
23 the manner required by and subject to the penalty provisions
24 of section 12 of this chapter. The form may not be rejected
25 for failure to contain information other than that required by
26 section 5(a)(1) through 5(a)(16) 5(a)(17) of this chapter.
27 (ii) The form is submitted to the county assessor in a format
28 usable to the county assessor.
29 (3) File the sales disclosure form with the county auditor.
30 (4) After December 31, 2023, a county assessor or county auditor
31 may not refuse to accept a sales disclosure form for filing because
32 the sales disclosure form is an electronic document.
33 (c) The auditor shall review each sales disclosure form and process
34 any deduction for which the form serves as an application under
35 IC 6-1.1-12-44. The auditor shall forward each sales disclosure form
36 to the county assessor. The county assessor shall verify the assessed
37 valuation of the property for the assessment date to which the
38 application applies and transmit that assessed valuation to the auditor.
39 The county assessor shall retain the forms for five (5) years. The county
40 assessor shall forward the sales disclosure form data to the department
41 of local government finance in an electronic format specified by the
42 department of local government finance on or before April 1 in a year
2024 IN 1154—LS 6610/DI 87 3
1 ending before January 1, 2016, and on or before February 1 in a year
2 beginning after December 31, 2015. The county assessor shall forward
3 a copy of the sales disclosure forms to the township assessors in the
4 county. The department of local government finance shall make sales
5 disclosure form data received from a county assessor available to the
6 legislative services agency. The forms may be used by the county
7 assessing officials, the department of local government finance, and the
8 legislative services agency for the purposes established in
9 IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules
10 under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
11 purpose.
12 (d) In a county containing a consolidated city, the auditor shall
13 review each sales disclosure form and process any deduction for which
14 the form serves as an application under IC 6-1.1-12-44. The auditor
15 shall forward the sales disclosure form to the appropriate township
16 assessor (if any). The township assessor shall verify the assessed
17 valuation of the property for the assessment date to which the
18 application applies and transmit that assessed valuation to the auditor.
19 The township or county assessor shall forward the sales disclosure form
20 to the department of local government finance in an electronic format
21 specified by the department of local government finance. The
22 department of local government finance shall make sales disclosure
23 form data received from a township or county assessor available to the
24 legislative services agency. The forms may be used by the county
25 assessing officials, the county auditor, the department of local
26 government finance, and the legislative services agency for the
27 purposes established in IC 6-1.1-4-13.6, sales ratio studies,
28 equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6,
29 and any other authorized purpose.
30 (e) This subsection applies if a sales disclosure form indicates
31 that the conveyance involves a parcel that is a Hoosier homestead
32 farm (as defined in IC 15-11-16-3). The county assessor or
33 township assessor (if any) shall forward the sales disclosure form
34 to the Indiana state department of agriculture not later than ten
35 (10) days after receipt of the form. The Indiana state department
36 of agriculture may use the forms to maintain information in the
37 Hoosier homestead farm registry under IC 15-11-16.
38 (e) (f) If a sales disclosure form includes the telephone number or
39 Social Security number of a party, the telephone number or Social
40 Security number is confidential.
41 (f) (g) County assessing officials, county auditors, and other local
42 officials may not establish procedures or requirements concerning sales
2024 IN 1154—LS 6610/DI 87 4
1 disclosure forms that substantially differ from the procedures and
2 requirements of this chapter.
3 (g) (h) Except as provided in subsection (h), (i), a separate sales
4 disclosure form is required for each parcel conveyed, regardless of
5 whether more than one (1) parcel is conveyed under a single
6 conveyance document.
7 (h) (i) Only one (1) sales disclosure form is required for the
8 conveyance under a single conveyance document of two (2) or more
9 contiguous parcels located entirely within a single taxing district.
10 SECTION 2. IC 6-1.1-5.5-5, AS AMENDED BY P.L.192-2021,
11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 5. (a) The department of local government finance
13 shall prescribe a sales disclosure form for use under this chapter. The
14 form prescribed by the department of local government finance must
15 include at least the following information:
16 (1) The key number (as defined in IC 6-1.1-1-8.5) of each parcel.
17 (2) With respect to each parcel, whether the entire parcel is being
18 conveyed.
19 (3) The address of each improved parcel.
20 (4) The date of the execution of the form.
21 (5) The date the property was transferred.
22 (6) Whether the transfer includes an interest in land or
23 improvements, or both.
24 (7) Whether the transfer includes personal property.
25 (8) An estimate of the value of any personal property included in
26 the transfer.
27 (9) The name, address, and telephone number of:
28 (A) each transferor and transferee; and
29 (B) the person that prepared the form.
30 (10) The mailing address to which the property tax bills or other
31 official correspondence should be sent.
32 (11) The ownership interest transferred.
33 (12) The classification of the property (as residential, commercial,
34 industrial, agricultural, vacant land, or other).
35 (13) Subject to subsection (c), the total price actually paid or
36 required to be paid in exchange for the conveyance, whether in
37 terms of money, property, a service, an agreement, or other
38 consideration, but excluding tax payments and payments for legal
39 and other services that are incidental to the conveyance.
40 (14) The terms of seller provided financing.
41 (15) Any family or business relationship existing between the
42 transferor and the transferee.
2024 IN 1154—LS 6610/DI 87 5
1 (16) If any part of a parcel that is being conveyed is a Hoosier
2 homestead farm (as defined in IC 15-11-16-3) the following
3 information:
4 (A) The familial relationship (if any) between the
5 transferor and transferee (parent, spouse, sibling, cousin,
6 nephew, niece, aunt or uncle).
7 (B) The number of acres of the parcel (if any) that were
8 owned by the transferor's first family member (as defined
9 in IC 15-11-16-2).
10 (16) (17) A legal description of each parcel subject to the
11 conveyance.
12 (17) (18) Whether the transferee is using the form to claim one (1)
13 or more deductions under IC 6-1.1-12-44 for property taxes first
14 due and payable in a calendar year after 2008.
15 (18) (19) If the transferee uses the form to claim the standard
16 deduction under IC 6-1.1-12-37, the information required for a
17 standard deduction under IC 6-1.1-12-37.
18 (19) (20) Sufficient instructions and information to permit a party
19 to terminate a standard deduction under IC 6-1.1-12-37 on any
20 parcel of property on which the party or the spouse of the party
21 will no longer be eligible for the standard deduction under
22 IC 6-1.1-12-37 after the party or the party's spouse begins to
23 reside at the property that is the subject of the sales disclosure
24 form, including an explanation of the tax consequences and
25 applicable penalties if a party unlawfully claims a standard
26 deduction under IC 6-1.1-12-37.
27 (20) (21) Other information as required by the department of local
28 government finance to carry out this chapter.
29 (21) (22) For transactions occurring after December 31, 2021,
30 information required under IC 6-1.1-10-21(e) demonstrating proof
31 of nonprofit status.
32 If a form under this section includes the telephone number or part or all
33 of the Social Security number of a party, the telephone number or the
34 Social Security number is confidential.
35 (b) The instructions for completing the form described in subsection
36 (a) must include the information described in IC 6-1.1-12-43(c)(1).
37 (c) If the conveyance includes more than one (1) parcel as described
38 in section 3(h) 3(i) of this chapter, the form:
39 (1) is not required to include the price referred to in subsection
40 (a)(13) for each of the parcels subject to the conveyance; and
41 (2) may state a single combined price for all of those parcels.
42 SECTION 3. IC 6-1.1-5.5-6, AS AMENDED BY P.L.144-2008,
2024 IN 1154—LS 6610/DI 87 6
1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 6. (a) The county auditor may not accept a
3 conveyance document if:
4 (1) the sales disclosure form signed by all the parties and attested
5 as required under section 9 of this chapter is not included with the
6 document; or
7 (2) the sales disclosure form does not contain the information
8 required by section 5(a)(1) through 5(a)(16) 5(a)(17) of this
9 chapter as that section applies to the conveyance, subject to the
10 obligation of a party to furnish or correct the information in the
11 manner required by and subject to the penalty provisions of
12 section 12 of this chapter.
13 (b) The county recorder shall not record a conveyance document
14 without evidence that the parties have filed with the county auditor a
15 sales disclosure form approved by the county assessor as eligible for
16 filing under section 3(b)(2) of this chapter.
17 SECTION 4. IC 15-11-16 IS ADDED TO THE INDIANA CODE
18 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]:
20 Chapter 16. Hoosier Homestead Farms
21 Sec. 1. "Farm" means an area of real property that:
22 (1) is assessed as agricultural property under rules adopted by
23 the department of local government finance; and
24 (2) may also include adjoining real property upon which is
25 located a dwelling and any closely associated buildings and
26 structures.
27 Sec. 2. "First family member" means the original member of the
28 owner's family who owned property that is part of a Hoosier
29 homestead farm.
30 Sec. 3. "Hoosier homestead farm" means a farm that the
31 department has:
32 (1) determined meets the requirements for a Hoosier
33 homestead farm under section 8 of this chapter; and
34 (2) entered in the registry.
35 Sec. 4. "Owner" means the persons:
36 (1) listed on the tax assessment rolls as being responsible for
37 the payment of real estate taxes imposed on the property; and
38 (2) in whose name title to real estate is shown in the records
39 of the recorder of the county in which the real estate is
40 located.
41 Sec. 5. "Program" means the Hoosier homestead farm program
42 established by this chapter.
2024 IN 1154—LS 6610/DI 87 7
1 Sec. 6. "Registry" means the Hoosier homestead farm registry
2 established under this chapter.
3 Sec. 7. (a) The Hoosier homestead farm program is established
4 for the following purposes:
5 (1) To honor Indiana's rich agricultural heritage, by
6 recognizing:
7 (1) family farms that have been owned continuously by the
8 same family for at least one hundred (100) years; and
9 (2) the contributions these family farms have made to the
10 economic, cultural and social advancements of Indiana.
11 (2) To promote preservation of Indiana's historic family
12 farms by maintaining a registry that provides notice to an
13 entity with eminent domain authority that:
14 (A) a property proposed for acquisition is a Hoosier
15 homestead farm; and
16 (B) the entity must comply with IC 32-24-1.5 before
17 proceeding with condemnation.
18 (b) The department shall administer the program.
19 Sec. 8. For a farm to be eligible for registration as a Hoosier
20 homestead farm, at least a part of the property comprising the
21 farm must meet the following requirements:
22 (1) The property has been under the continuous ownership of
23 the same family for at least one hundred (100) years. The line
24 of ownership from the first family member that owned the
25 property to the current owner may only be through spouses,
26 children, siblings, nephews, nieces, aunts, uncles, or cousins.
27 Legally adopted family members are recognized equally with
28 blood relatives.
29 (2) Is used for agricultural purposes, which includes
30 contracting with a nonfamily member to farm the land.
31 (3) At least:
32 (A) twenty (20) acres of property used for agricultural
33 purposes was owned by the first family member; or
34 (B) one (1) acre of property used for agricultural purposes
35 was owned by the first family member and produces a
36 gross of at least one thousand dollars ($1,000) of
37 agricultural products (as defined in IC 15-12-1-3) a year.
38 Sec. 9. The owner must submit an application for registration to
39 the department on a form established by the department. The
40 application must include the following:
41 (1) Information and documentation of the unbroken familial
42 line of ownership of the farm, from the first family member
2024 IN 1154—LS 6610/DI 87 8
1 and through all successive family member owners to the
2 current owner. Copies of any of the following may be
3 submitted with the application to document the transfer of
4 ownership and the familial relationship of the owners:
5 (A) An original deed, land patent, or other instrument.
6 (B) Records maintained in a courthouse.
7 (C) An abstract of title covering the real estate.
8 (2) Information regarding the familial relationship of each
9 previous owner to the current owner.
10 (3) If the property is in a trust or in the name of a
11 corporation, proof must be submitted that the farm remains
12 in the family by submitting a copy of:
13 (A) the articles of incorporation showing that only family
14 members are members of the corporation; or
15 (B) the trust document showing that only family members
16 are truste beneficiaries.
17 (4) Any other information or documentation required by the
18 department.
19 Sec. 10. An owner shall certify on an application to the accuracy
20 of the information provided.
21 Sec. 11. (a) If the department determines that the property
22 satisfies the requirements of this chapter for registration as a
23 Hoosier homestead farm, the department shall:
24 (1) enter the property on the registry as a Hoosier homestead
25 farm in good standing; and
26 (2) issue to the owner a certificate and yard sign
27 commemorating the farm as a Hoosier homestead farm.
28 (b) The certificate and yard sign issued by the department may
29 commemorate different categories of continuous familial
30 ownership as follows:
31 (1) A centennial designation, if the family has owned a farm
32 for at least one hundred (100) years and less than one
33 hundred fifty (150) years.
34 (2) A sesquicentennial designation, if the family has owned a
35 farm at least one hundred fifty (150) years and less than two
36 hundred (200) years.
37 (3) A bicentennial designation, if the family has owned a farm
38 at least two hundred (200) years.
39 Sec. 12. The department shall establish a registry not later than
40 January 1, 2025.
41 Sec. 13. The registry must:
42 (1) be maintained in an electronic format;
2024 IN 1154—LS 6610/DI 87 9
1 (2) permit electronic submission of registration renewals;
2 (3) include the registration's expiration date; and
3 (4) be accessible to the public through the computer gateway
4 administered by the office of technology established by
5 IC 4-13.1-2-1.
6 Sec. 14. To maintain a Hoosier homestead farm's registration in
7 good standing:
8 (1) the requirements under section 8 of this chapter for
9 eligibility must continue to be met; and
10 (2) the registration must be renewed biennially by submitting
11 a renewal application to the department.
12 Sec. 15. (a) If any part of a Hoosier homestead farm is
13 transferred, including a transfer to a family member, the
14 registration must be renewed and the registry updated.
15 (b) The department shall receive from a county assessor or
16 township assessor (if any) a sales disclosure form for each
17 conveyance of all or part of a Hoosier homestead farm under
18 IC 6-1.1-5.5-5. The department shall send a notice to the transferee
19 that for the farm to remain in good standing as a Hoosier
20 homestead farm, the registration must be renewed by submitting
21 a renewal form to the department not later than sixty (60) days
22 after the date of the notice. The department may require further
23 documentation as proof that the property still satisfies the
24 requirements for a Hoosier homestead farm.
25 (c) The registry will be updated to reflect that a registration is:
26 (1) revoked, if the department determines that a property
27 transfer results in the farm no longer meeting the eligibility
28 requirements of section 8 of this chapter; or
29 (2) expired because the registration was not renewed and
30 updated.
31 Sec 16. The department may not charge a fee for the
32 registration of a Hoosier homestead farm or the renewal of a
33 registration.
34 Sec. 17. The department shall post information on its webpage
35 about how state law requires condemnation of a Hoosier
36 homestead farm to be approved by the Indiana land resources
37 council under IC 32-24-1.5. The webpage must emphasize the
38 following:
39 (1) With certain exceptions, if the Indiana land resources
40 council does not approve the taking of a Hoosier homestead
41 farm by eminent domain, the eminent domain action will not
42 proceed.
2024 IN 1154—LS 6610/DI 87 10
1 (2) The owner of a Hoosier homestead farm must keep the
2 registration in good standing to ensure review by the Indiana
3 land resources council in the event of an eminent domain
4 action.
5 (3) To keep the registration of a Hoosier homestead farm in
6 good standing, the registration must be renewed biennially
7 and updated any time the ownership of the farm changes.
8 SECTION 5. IC 15-12-5-6, AS ADDED BY P.L.2-2008, SECTION
9 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
10 2024]: Sec. 6. The council may do the following:
11 (1) Provide technical assistance and information about land use
12 strategies.
13 (2) Facilitate collaboration among commonly affected state,
14 county, and local government units.
15 (3) Compile and maintain a land planning information library,
16 both hard copy and electronic, that includes current data on land
17 resources in Indiana.
18 (4) Establish or coordinate educational programs for
19 governmental units, nongovernmental entities, and the public with
20 special consideration for local planning commission members and
21 county commissioners.
22 (5) Provide counties and local communities conducting land use
23 planning with access to technical and legal assistance through a
24 referral service.
25 (6) Provide information to local authorities on model ordinances
26 for programs and techniques on land use.
27 (7) Obtain grants and assist counties and local communities in
28 locating additional funding sources for planning projects.
29 (8) Make recommendations to the general assembly and other
30 governmental bodies concerning land resources.
31 (9) When requested, advise the general assembly on proposals
32 relating to land resources.
33 (10) Approve or disapprove a proposed taking of a Hoosier
34 homestead farm (as defined in IC 15-11-16-3) by eminent
35 domain under IC 32-24-1.5
36 SECTION 6. IC 32-24-1-3, AS AMENDED BY P.L.84-2016,
37 SECTION 143, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Any person that may exercise
39 the power of eminent domain for any public use under any statute may
40 exercise the power only in the manner provided in this article, except
41 as otherwise provided by law.
42 (b) Except as provided in subsection (g), before proceeding to
2024 IN 1154—LS 6610/DI 87 11
1 condemn, the person:
2 (1) may enter upon any land to examine and survey the property
3 sought to be acquired; and
4 (2) must make an effort to purchase for the use intended the land,
5 right-of-way, easement, or other interest, in the property; and
6 (3) if the land is registered as a Hoosier homestead farm (as
7 defined in IC 15-11-16-3), must first comply with IC 32-24-1.5
8 before making an effort to purchase under subdivision (2).
9 (c) The effort to purchase under subsection (b)(2) must include the
10 following:
11 (1) Establishing a proposed purchase price for the property.
12 (2) Providing the owner of the property with an appraisal or other
13 evidence used to establish the proposed purchase price.
14 (3) Conducting good faith negotiations with the owner of the
15 property.
16 (d) If the land or interest in the land, or property or right is owned
17 by a person who is an incapacitated person (as defined in
18 IC 29-3-1-7.5) or less than eighteen (18) years of age, the person
19 seeking to acquire the property may purchase the property from the
20 guardian of the incapacitated person or person less than eighteen (18)
21 years of age. If the purchase is approved by the court appointing the
22 guardian and the approval is written upon the face of the deed, the
23 conveyance of the property purchased and the deed made and approved
24 by the court are valid and binding upon the incapacitated person or
25 persons less than eighteen (18) years of age.
26 (e) The deed given, when executed instead of condemnation,
27 conveys only the interest stated in the deed.
28 (f) If property is taken by proceedings under this article, the entire
29 fee simple title may be taken and acquired.
30 (g) This subsection applies to a public utility (as defined in
31 IC 32-24-1-5.9(a)) section 5.9(a) of this chapter) or a pipeline
32 company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline
33 company seeks to acquire land or an interest in land under this article,
34 the public utility or pipeline company may not enter upon the land to
35 examine or survey the property sought to be acquired unless either of
36 the following occur:
37 (1) The public utility or the pipeline company sends notice by
38 certified mail to the affected landowner (as defined in
39 IC 8-1-22.6-2) of the public utility's or the pipeline company's
40 intention to enter upon the landowner's property for survey
41 purposes. The notice required by this subdivision must be mailed
42 not later than fourteen (14) days before the date of the public
2024 IN 1154—LS 6610/DI 87 12
1 utility's or the pipeline company's proposed examination or
2 survey.
3 (2) The public utility or the pipeline company receives the
4 landowner's signed consent to enter the property to perform the
5 proposed examination or survey.
6 An affected landowner may bring an action to enforce this subsection
7 in the circuit court, superior court, or probate court of the county in
8 which the landowner's property is located. A prevailing landowner is
9 entitled to the landowner's actual damages as a result of the public
10 utility's or the pipeline company's violation. In addition, the court may
11 award a prevailing landowner reasonable costs of the action and
12 attorney's fees.
13 SECTION 7. IC 32-24-1-8, AS AMENDED BY P.L.80-2020,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 8. (a) A defendant may object to the proceedings:
16 (1) because the court does not have jurisdiction either of the
17 subject matter or of the person;
18 (2) because the plaintiff does not have the right to exercise the
19 power of eminent domain for the use sought; or
20 (3) because the property is a Hoosier homestead farm and the
21 requirements of IC 32-24-1.5 were not satisfied; or
22 (3) (4) for any other reason disclosed in the complaint or set up in
23 the objections.
24 (b) Objections under subsection (a) must be:
25 (1) in writing;
26 (2) separately stated and numbered; and
27 (3) filed not later than thirty (30) days after the date the notice
28 required in section 6 of this chapter is served on the defendant.
29 However, the court may extend the period for filing objections by
30 not more than thirty (30) days upon written motion of the
31 defendant.
32 (c) The court may not allow pleadings in the cause other than the
33 complaint, any objections, and the written exceptions provided for in
34 section 11 of this chapter. However, the court may permit amendments
35 to the pleadings.
36 (d) If an objection is sustained, the plaintiff may amend the
37 complaint or may appeal from the decision in the manner that appeals
38 are taken from final judgments in civil actions. All the parties shall take
39 notice and are bound by the judgment in an appeal.
40 (e) If the objections are overruled, the court shall appoint appraisers
41 as provided for in this chapter. Any defendant may appeal the
42 interlocutory order overruling the objections and appointing appraisers
2024 IN 1154—LS 6610/DI 87 13
1 in the manner that appeals are taken from final judgments in civil
2 actions.
3 (f) All the parties shall take notice of and be bound by the judgment
4 in the appeal.
5 (g) The transcript must be filed in the office of the clerk of the
6 supreme court not later than thirty (30) days after the notice of the
7 defendant's appeal is filed. The appeal does not stay proceedings in the
8 cause.
9 (h) This subsection does not apply to a condemnation action brought
10 by a public utility (as defined in section 5.9(a) of this chapter) or by a
11 pipeline company. Notwithstanding section 14 of this chapter, if an
12 objection:
13 (1) is sustained, and no appeal is filed; or
14 (2) is sustained in the judgment in the appeal;
15 the court shall award the defendant the reasonable costs and attorney's
16 fees incurred for the objection, in an amount not to exceed twenty-five
17 thousand dollars ($25,000).
18 SECTION 8. IC 32-24-1.5 IS ADDED TO THE INDIANA CODE
19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]:
21 Chapter 1.5. Taking of a Hoosier Homestead Farm by Eminent
22 Domain
23 Sec. 1. Except as provided in section 2 of this chapter, this
24 chapter applies to any condemnation for any public use under any
25 statute:
26 (1) of a Hoosier homestead farm; and
27 (2) that is initiated after December 31, 2024.
28 Sec. 2. This chapter does not apply to a condemnation for any
29 of the following purposes:
30 (1) Construction, maintenance, or installation of an
31 underground public utility facility that does not permanently
32 impact the tilling of soil.
33 (2) Activities relating to maintenance, improvement, or
34 alteration of existing highways including widening roadways,
35 reconstruction, or eliminating curbs.
36 (3) An emergency project that is immediately necessary for
37 the protection of life or property.
38 Sec. 3. "Condemnor" means any person authorized by Indiana
39 law to exercise the power of eminent domain.
40 Sec. 4. "Hoosier homestead farm" has the meaning set forth in
41 IC 15-11-16-3.
42 Sec. 5. "Owner" means the persons:
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1 (1) listed on the tax assessment rolls as being responsible for
2 the payment of real estate taxes imposed on the property; and
3 (2) in whose name title to real estate is shown in the records
4 of the recorder of the county in which the real estate is
5 located.
6 Sec. 6. "Petition" means a petition requesting the state council's
7 approval of a condemnation of any part of a Hoosier homestead
8 farm.
9 Sec. 7. "State council" means the Indiana land resources council
10 established by IC 15-12-5-3.
11 Sec. 8. If a public project involves condemnation of any part of
12 a Hoosier homestead farm, a condemnor may not make an offer to
13 purchase or otherwise proceed with the condemnation of any
14 property for use in the project until:
15 (1) the condemnor publishes a notice of intent to initiate
16 condemnation under section 9 of this chapter; and
17 (2) each petition filed under section 10 of this chapter has
18 been approved by the state council.
19 Sec. 9. (a) The condemnor must publish a notice of intent to
20 condemn that states at least the following:
21 (1) A brief description of the public project requiring
22 acquisition of property.
23 (2) A list of all properties proposed to be acquired for the
24 project, providing address for each parcel and the name and
25 address of the owner.
26 (3) A statement that because the project requires acquisition
27 of a Hoosier homestead farm state law requires the
28 condemnor to petition the state council to approve the
29 condemnation of the Hoosier homestead farm. The state
30 council must approve the petition before the condemnor may
31 proceed with an offer to purchase or to condemn any
32 property listed in subdivision (2).
33 (b) The notice of intent shall be published:
34 (1) for two (2) consecutive weeks with:
35 (A) each publication of notice in a newspaper of general
36 circulation published in the county where the property is
37 located; or
38 (B) the first publication of notice in a newspaper described
39 in clause (A) and the second publication of notice:
40 (i) in accordance with IC 5-3-5; and
41 (ii) on the official website of the county; and
42 (2) mailed to the owner of each property listed in the notice.
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1 Sec. 10. (a) The condemnor must file a petition with the state
2 council at least ten (10) days after the date of the second
3 publication of notice under section 9 of this chapter. The petition
4 must include the following:
5 (1) A copy of the notice published under section 9 of this
6 chapter and proof of publication.
7 (2) For each Hoosier homestead farm proposed to be
8 acquired, the following information:
9 (A) The address of each parcel.
10 (B) The owner's name, address, and telephone number.
11 (C) A description of the property that will be acquired.
12 (3) A description and map of all properties proposed to be
13 acquired for the project.
14 The state council may require the condemnor to provide any
15 additional information and documentation that the state council
16 considers necessary to make a determination on the petition.
17 (b) The condemnor must send a copy of the petition personally
18 or by certified mail to the owner. If the petition cannot be served
19 personally or by certified mail, or if the owner cannot be found, the
20 notice shall be given by publication in a newspaper of general
21 circulation in the county in which the property is located.
22 Sec. 11. (a) The state council shall set a hearing date at least
23 thirty (30) days after the date the petition is filed. The state council
24 shall give notice of the hearing to each owner named in the petition.
25 Notice and the hearing shall comply with IC 4-21.5.
26 (b) The state council may dismiss a petition with regard to a
27 Hoosier homestead farm if evidence is presented at the hearing
28 that the property is no longer registered as a Hoosier homestead
29 farm in good standing.
30 Sec. 12. The state council shall issue a written determination
31 approving or disapproving condemnation of the Hoosier
32 homestead farm and stating the basis for its determination. The
33 state council may approve the proposed condemnation of a Hoosier
34 homestead farm only if the state council makes a determination
35 that:
36 (1) there is no feasible and prudent alternative to using the
37 Hoosier homestead farm for the project; and
38 (2) the proposed condemnation of the Hoosier homestead
39 farm would not have an unreasonably adverse effect upon the
40 preservation and enhancement of agriculture within the area.
41 Sec. 13. A party may petition the Marion County superior court
42 for review of the state council's determination. The court shall
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1 grant relief only if the court determines that a person seeking
2 judicial relief has been prejudiced by an action of the state council
3 that is:
4 (1) arbitrary, capricious, an abuse of discretion, or otherwise
5 not in accordance with law;
6 (2) contrary to constitutional right, power, privilege, or
7 immunity;
8 (3) in excess of statutory jurisdiction, authority, or limitations,
9 or short of statutory right;
10 (4) without observance of procedure required by law; or
11 (5) unsupported by substantial evidence;
12 the court may set aside the final determination of the state council.
13 The court may remand the case to the state council for further
14 proceedings. A party shall have the right of appeal from the
15 judgment of the superior court of Marion County as an appeal is
16 taken in a civil action.
17 Sec. 14. If the petition for condemnation of a Hoosier homestead
18 farm is approved the condemnor may proceed with the
19 condemnation under IC 32-24-1.
20 SECTION 9. IC 32-24-2-5 IS AMENDED TO READ AS
21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as
22 provided in subsection (b), if:
23 (1) a municipality has the power to acquire property under this
24 chapter; or
25 (2) another statute provides for proceedings by a municipality for
26 acquiring property under this chapter;
27 the board exercising those powers may proceed under IC 32-24-1
28 instead of this chapter.
29 (b) The board exercising the power of eminent domain for a
30 municipality must proceed under IC 32-24-1, if:
31 (1) the property is a Hoosier homestead farm; and
32 (2) condemnation of the property was approved by the
33 Indiana land resources council under IC 32-24-1.5.
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