LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6610 NOTE PREPARED: Dec 27, 2023
BILL NUMBER: HB 1154 BILL AMENDED:
SUBJECT: Prohibition on Taking of Designated Homestead.
FIRST AUTHOR: Rep. Greene BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: Hoosier Homestead Farm Program: The bill creates the Hoosier Homestead Farm
Program administered by the Indiana State Department of Agriculture (ISDA) 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.
Indiana Land Resources Council Approval for Eminent Domain: With certain exceptions, the bill provides
that if a public project involves condemnation of a Hoosier Homestead Farm, the Indiana Land Resources
Council must approve condemnation of the farm before the condemnor may take steps to acquire any other
property for the project. It 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.
Sales Disclosure Form: The bill 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 ISDA for use in updating the Hoosier Homestead
Farms Registry.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Hoosier Homestead Farm Program: The bill would increase workload
for the ISDA to administer the Hoosier Homestead Farm Program. The ISDA would need to create a
registration application form, review documentation provided by applicants, maintain an electronic registry,
HB 1154 1 and provide the owner a certificate and yard sign commemorating the farm as a Hoosier Homestead Farm.
Registrations must be renewed biennially and updated any time the ownership of the farm changes
(ownership must remain within the same family to continue to remain eligible for the registry). These
requirements are within the agency’s routine administrative functions and should be able to be implemented
with no additional appropriations, assuming near customary agency staffing and resource levels.
Sales Disclosure Form: The Department of Local Government Finance would need to update the sales
disclosure form to include certain information for the conveyance of any part of a Hoosier Homestead Farm.
This is within the agency’s routine administrative functions.
Indiana Land Resources Council Approval for Eminent Domain: If a petition is filed with the Indiana Land
Resources Council regarding condemnation of a Hoosier Homestead Farm, the council must set a hearing
date and send notice of the hearing to each property owner named by the condemnor in the petition. If the
property is registered in good standing, the council must issue a written determination approving or
disapproving condemnation of the Hoosier Homestead Farm and stating the basis for determination.
Additional Information: Eligibility for the Hoosier Homestead Farms Registry requires that at least part of
the property comprising the farm has been under the continuous ownership of the same family for at least
100 years (specifics given about who qualifies as being in the same family) and at least 20 acres of property
currently used for agricultural purposes (or one acre that currently produces a gross of at least $1,000 of
agricultural products a year) was owned by the first family. The ISDA may commemorate continuous familial
ownership of at least 100, 150, or 200 years.
Explanation of State Revenues: Hoosier Homestead Farm Program: The bill does not allow the ISDA to
charge a registration or renewal fee for the Hoosier Homestead Farms Registry.
Explanation of Local Expenditures: Eminent Domain: If an local unit with eminent domain authority
intends a public project that would involve the condemnation of a Hoosier Homestead Farm, the unit would
have additional workload and expenses prior to making any offer to purchase, or otherwise proceed with
condemnation of, any property for use in the project. The unit would need to publish a notice of intent (with
certain specified information), mail the notice of intent to and file a petition with the Indiana Land Resources
Council, and send the notice of intent and a copy of the petition to each property listed in the notice.
If a party petitions a Marion County superior court to review a determination by the council, court workload
could increase.
Sales Disclosure Form: The bill requires a local assessor to forward a sales disclosure form to the ISDA if
the form indicates that the conveyance involves a parcel that is a Hoosier Homestead Farm.
Explanation of Local Revenues:
State Agencies Affected: Department of Local Government Finance; Indiana Land Resources Council;
Indiana State Department of Agriculture; state agencies with eminent domain authority.
Local Agencies Affected: County or township assessor; Marion County superior court; local units with
eminent domain authority.
Information Sources: State Form 46021 (R14/1-23) Sales Disclosure Form;
HB 1154 2 https://www.in.gov/dlgf/assessments/sales-disclosure-form-information/;
https://www.in.gov/isda/boards/indiana-land-resources-council/.
Fiscal Analyst: Heather Puletz, 317-234-9484.
HB 1154 3