Indiana 2024 Regular Session

Indiana House Bill HB1154 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1154
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 6-1.1-5.5; IC 15-11-16; IC 15-12-5-6;
7	7	IC 32-24.
8	8	Synopsis: Prohibition on taking of designated homestead. Creates the
9	9	Hoosier homestead farm program administered by the Indiana state
10	10	department of agriculture (department) to: (1) commemorate as
11	11	Hoosier homestead farms, those properties that have been owned by the
12	12	same family for at least 100 years; and (2) maintain an electronic
13	13	registry of Hoosier homestead farms. With certain exceptions, provides
14	14	that if a public project involves condemnation of a Hoosier homestead
15	15	farm, the Indiana land resources council (council) must approve
16	16	condemnation of the farm before the condemnor may take steps to
17	17	acquire any other property for the project. Provides that the council
18	18	may only approve a condemnation if the council finds that: (1) there is
19	19	no feasible and prudent alternative to using the Hoosier homestead
20	20	farm for the project; and (2) condemnation of the Hoosier homestead
21	21	farm would not have an unreasonably adverse effect upon the
22	22	preservation and enhancement of agriculture within the county.
23	23	Requires a real estate sales disclosure form to: (1) indicate transfers of
24	24	Hoosier homestead farms and the familial relationships (if any)
25	25	between transferors and transferees; and (2) requires the local assessor
26	26	to forward the forms to the department for use in updating the Hoosier
27	27	homestead farms registry.
28	28	Effective: July 1, 2024.
29	29	Greene
30	30	January 8, 2024, read first time and referred to Committee on Agriculture and Rural
31	31	Development.
32	32	2024 IN 1154—LS 6610/DI 87 Introduced
33	33	Second Regular Session of the 123rd General Assembly (2024)
34	34	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
35	35	Constitution) is being amended, the text of the existing provision will appear in this style type,
36	36	additions will appear in this style type, and deletions will appear in this style type.
37	37	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
38	38	provision adopted), the text of the new provision will appear in this style type. Also, the
39	39	word NEW will appear in that style type in the introductory clause of each SECTION that adds
40	40	a new provision to the Indiana Code or the Indiana Constitution.
41	41	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
42	42	between statutes enacted by the 2023 Regular Session of the General Assembly.
43	43	HOUSE BILL No. 1154
44	44	A BILL FOR AN ACT to amend the Indiana Code concerning
45	45	agriculture and animals.
46	46	Be it enacted by the General Assembly of the State of Indiana:
47	47	1 SECTION 1. IC 6-1.1-5.5-3, AS AMENDED BY P.L.26-2022,
48	48	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
49	49	3 JULY 1, 2024]: Sec. 3. (a) For purposes of this section, "party"
50	50	4 includes:
51	51	5 (1) a seller of property that is exempt under the seller's ownership;
52	52	6 or
53	53	7 (2) a purchaser of property that is exempt under the purchaser's
54	54	8 ownership;
55	55	9 from property taxes under IC 6-1.1-10.
56	56	10 (b) Subject to subsections (g) and (h), (h) and (i), before filing a
57	57	11 conveyance document with the county auditor under IC 6-1.1-5-4, all
58	58	12 the parties to the conveyance must do the following:
59	59	13 (1) Complete and sign a sales disclosure form as prescribed by the
60	60	14 department of local government finance under section 5 of this
61	61	15 chapter. All the parties may sign one (1) form, or if all the parties
62	62	16 do not agree on the information to be included on the completed
63	63	17 form, each party may sign and file a separate form. For
64	64	2024 IN 1154—LS 6610/DI 87 2
65	65	1 conveyance transactions involving more than two (2) parties, one
66	66	2 (1) transferor and one (1) transferee signing the sales disclosure
67	67	3 form is sufficient.
68	68	4 (2) Before filing a sales disclosure form with the county auditor,
69	69	5 submit the sales disclosure form to the county assessor. The
70	70	6 county assessor must review the accuracy and completeness of
71	71	7 each sales disclosure form submitted immediately upon receipt of
72	72	8 the form and, if the form is accurate and complete, stamp or
73	73	9 otherwise approve the form as eligible for filing with the county
74	74	10 auditor and return the form to the appropriate party for filing with
75	75	11 the county auditor. If multiple forms are filed in a short period,
76	76	12 the county assessor shall process the forms as quickly as possible.
77	77	13 For purposes of this subdivision, a sales disclosure form is
78	78	14 considered to be accurate and complete if:
79	79	15 (A) the county assessor does not have substantial evidence
80	80	16 when the form is reviewed under this subdivision that
81	81	17 information in the form is inaccurate; and
82	82	18 (B) both of the following conditions are satisfied:
83	83	19 (i) The form contains the information required by section
84	84	20 5(a)(1) through 5(a)(16) 5(a)(17) of this chapter as that
85	85	21 section applies to the conveyance transaction, subject to the
86	86	22 obligation of a party to furnish or correct that information in
87	87	23 the manner required by and subject to the penalty provisions
88	88	24 of section 12 of this chapter. The form may not be rejected
89	89	25 for failure to contain information other than that required by
90	90	26 section 5(a)(1) through 5(a)(16) 5(a)(17) of this chapter.
91	91	27 (ii) The form is submitted to the county assessor in a format
92	92	28 usable to the county assessor.
93	93	29 (3) File the sales disclosure form with the county auditor.
94	94	30 (4) After December 31, 2023, a county assessor or county auditor
95	95	31 may not refuse to accept a sales disclosure form for filing because
96	96	32 the sales disclosure form is an electronic document.
97	97	33 (c) The auditor shall review each sales disclosure form and process
98	98	34 any deduction for which the form serves as an application under
99	99	35 IC 6-1.1-12-44. The auditor shall forward each sales disclosure form
100	100	36 to the county assessor. The county assessor shall verify the assessed
101	101	37 valuation of the property for the assessment date to which the
102	102	38 application applies and transmit that assessed valuation to the auditor.
103	103	39 The county assessor shall retain the forms for five (5) years. The county
104	104	40 assessor shall forward the sales disclosure form data to the department
105	105	41 of local government finance in an electronic format specified by the
106	106	42 department of local government finance on or before April 1 in a year
107	107	2024 IN 1154—LS 6610/DI 87 3
108	108	1 ending before January 1, 2016, and on or before February 1 in a year
109	109	2 beginning after December 31, 2015. The county assessor shall forward
110	110	3 a copy of the sales disclosure forms to the township assessors in the
111	111	4 county. The department of local government finance shall make sales
112	112	5 disclosure form data received from a county assessor available to the
113	113	6 legislative services agency. The forms may be used by the county
114	114	7 assessing officials, the department of local government finance, and the
115	115	8 legislative services agency for the purposes established in
116	116	9 IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules
117	117	10 under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
118	118	11 purpose.
119	119	12 (d) In a county containing a consolidated city, the auditor shall
120	120	13 review each sales disclosure form and process any deduction for which
121	121	14 the form serves as an application under IC 6-1.1-12-44. The auditor
122	122	15 shall forward the sales disclosure form to the appropriate township
123	123	16 assessor (if any). The township assessor shall verify the assessed
124	124	17 valuation of the property for the assessment date to which the
125	125	18 application applies and transmit that assessed valuation to the auditor.
126	126	19 The township or county assessor shall forward the sales disclosure form
127	127	20 to the department of local government finance in an electronic format
128	128	21 specified by the department of local government finance. The
129	129	22 department of local government finance shall make sales disclosure
130	130	23 form data received from a township or county assessor available to the
131	131	24 legislative services agency. The forms may be used by the county
132	132	25 assessing officials, the county auditor, the department of local
133	133	26 government finance, and the legislative services agency for the
134	134	27 purposes established in IC 6-1.1-4-13.6, sales ratio studies,
135	135	28 equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6,
136	136	29 and any other authorized purpose.
137	137	30 (e) This subsection applies if a sales disclosure form indicates
138	138	31 that the conveyance involves a parcel that is a Hoosier homestead
139	139	32 farm (as defined in IC 15-11-16-3). The county assessor or
140	140	33 township assessor (if any) shall forward the sales disclosure form
141	141	34 to the Indiana state department of agriculture not later than ten
142	142	35 (10) days after receipt of the form. The Indiana state department
143	143	36 of agriculture may use the forms to maintain information in the
144	144	37 Hoosier homestead farm registry under IC 15-11-16.
145	145	38 (e) (f) If a sales disclosure form includes the telephone number or
146	146	39 Social Security number of a party, the telephone number or Social
147	147	40 Security number is confidential.
148	148	41 (f) (g) County assessing officials, county auditors, and other local
149	149	42 officials may not establish procedures or requirements concerning sales
150	150	2024 IN 1154—LS 6610/DI 87 4
151	151	1 disclosure forms that substantially differ from the procedures and
152	152	2 requirements of this chapter.
153	153	3 (g) (h) Except as provided in subsection (h), (i), a separate sales
154	154	4 disclosure form is required for each parcel conveyed, regardless of
155	155	5 whether more than one (1) parcel is conveyed under a single
156	156	6 conveyance document.
157	157	7 (h) (i) Only one (1) sales disclosure form is required for the
158	158	8 conveyance under a single conveyance document of two (2) or more
159	159	9 contiguous parcels located entirely within a single taxing district.
160	160	10 SECTION 2. IC 6-1.1-5.5-5, AS AMENDED BY P.L.192-2021,
161	161	11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
162	162	12 JULY 1, 2024]: Sec. 5. (a) The department of local government finance
163	163	13 shall prescribe a sales disclosure form for use under this chapter. The
164	164	14 form prescribed by the department of local government finance must
165	165	15 include at least the following information:
166	166	16 (1) The key number (as defined in IC 6-1.1-1-8.5) of each parcel.
167	167	17 (2) With respect to each parcel, whether the entire parcel is being
168	168	18 conveyed.
169	169	19 (3) The address of each improved parcel.
170	170	20 (4) The date of the execution of the form.
171	171	21 (5) The date the property was transferred.
172	172	22 (6) Whether the transfer includes an interest in land or
173	173	23 improvements, or both.
174	174	24 (7) Whether the transfer includes personal property.
175	175	25 (8) An estimate of the value of any personal property included in
176	176	26 the transfer.
177	177	27 (9) The name, address, and telephone number of:
178	178	28 (A) each transferor and transferee; and
179	179	29 (B) the person that prepared the form.
180	180	30 (10) The mailing address to which the property tax bills or other
181	181	31 official correspondence should be sent.
182	182	32 (11) The ownership interest transferred.
183	183	33 (12) The classification of the property (as residential, commercial,
184	184	34 industrial, agricultural, vacant land, or other).
185	185	35 (13) Subject to subsection (c), the total price actually paid or
186	186	36 required to be paid in exchange for the conveyance, whether in
187	187	37 terms of money, property, a service, an agreement, or other
188	188	38 consideration, but excluding tax payments and payments for legal
189	189	39 and other services that are incidental to the conveyance.
190	190	40 (14) The terms of seller provided financing.
191	191	41 (15) Any family or business relationship existing between the
192	192	42 transferor and the transferee.
193	193	2024 IN 1154—LS 6610/DI 87 5
194	194	1 (16) If any part of a parcel that is being conveyed is a Hoosier
195	195	2 homestead farm (as defined in IC 15-11-16-3) the following
196	196	3 information:
197	197	4 (A) The familial relationship (if any) between the
198	198	5 transferor and transferee (parent, spouse, sibling, cousin,
199	199	6 nephew, niece, aunt or uncle).
200	200	7 (B) The number of acres of the parcel (if any) that were
201	201	8 owned by the transferor's first family member (as defined
202	202	9 in IC 15-11-16-2).
203	203	10 (16) (17) A legal description of each parcel subject to the
204	204	11 conveyance.
205	205	12 (17) (18) Whether the transferee is using the form to claim one (1)
206	206	13 or more deductions under IC 6-1.1-12-44 for property taxes first
207	207	14 due and payable in a calendar year after 2008.
208	208	15 (18) (19) If the transferee uses the form to claim the standard
209	209	16 deduction under IC 6-1.1-12-37, the information required for a
210	210	17 standard deduction under IC 6-1.1-12-37.
211	211	18 (19) (20) Sufficient instructions and information to permit a party
212	212	19 to terminate a standard deduction under IC 6-1.1-12-37 on any
213	213	20 parcel of property on which the party or the spouse of the party
214	214	21 will no longer be eligible for the standard deduction under
215	215	22 IC 6-1.1-12-37 after the party or the party's spouse begins to
216	216	23 reside at the property that is the subject of the sales disclosure
217	217	24 form, including an explanation of the tax consequences and
218	218	25 applicable penalties if a party unlawfully claims a standard
219	219	26 deduction under IC 6-1.1-12-37.
220	220	27 (20) (21) Other information as required by the department of local
221	221	28 government finance to carry out this chapter.
222	222	29 (21) (22) For transactions occurring after December 31, 2021,
223	223	30 information required under IC 6-1.1-10-21(e) demonstrating proof
224	224	31 of nonprofit status.
225	225	32 If a form under this section includes the telephone number or part or all
226	226	33 of the Social Security number of a party, the telephone number or the
227	227	34 Social Security number is confidential.
228	228	35 (b) The instructions for completing the form described in subsection
229	229	36 (a) must include the information described in IC 6-1.1-12-43(c)(1).
230	230	37 (c) If the conveyance includes more than one (1) parcel as described
231	231	38 in section 3(h) 3(i) of this chapter, the form:
232	232	39 (1) is not required to include the price referred to in subsection
233	233	40 (a)(13) for each of the parcels subject to the conveyance; and
234	234	41 (2) may state a single combined price for all of those parcels.
235	235	42 SECTION 3. IC 6-1.1-5.5-6, AS AMENDED BY P.L.144-2008,
236	236	2024 IN 1154—LS 6610/DI 87 6
237	237	1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
238	238	2 JULY 1, 2024]: Sec. 6. (a) The county auditor may not accept a
239	239	3 conveyance document if:
240	240	4 (1) the sales disclosure form signed by all the parties and attested
241	241	5 as required under section 9 of this chapter is not included with the
242	242	6 document; or
243	243	7 (2) the sales disclosure form does not contain the information
244	244	8 required by section 5(a)(1) through 5(a)(16) 5(a)(17) of this
245	245	9 chapter as that section applies to the conveyance, subject to the
246	246	10 obligation of a party to furnish or correct the information in the
247	247	11 manner required by and subject to the penalty provisions of
248	248	12 section 12 of this chapter.
249	249	13 (b) The county recorder shall not record a conveyance document
250	250	14 without evidence that the parties have filed with the county auditor a
251	251	15 sales disclosure form approved by the county assessor as eligible for
252	252	16 filing under section 3(b)(2) of this chapter.
253	253	17 SECTION 4. IC 15-11-16 IS ADDED TO THE INDIANA CODE
254	254	18 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
255	255	19 JULY 1, 2024]:
256	256	20 Chapter 16. Hoosier Homestead Farms
257	257	21 Sec. 1. "Farm" means an area of real property that:
258	258	22 (1) is assessed as agricultural property under rules adopted by
259	259	23 the department of local government finance; and
260	260	24 (2) may also include adjoining real property upon which is
261	261	25 located a dwelling and any closely associated buildings and
262	262	26 structures.
263	263	27 Sec. 2. "First family member" means the original member of the
264	264	28 owner's family who owned property that is part of a Hoosier
265	265	29 homestead farm.
266	266	30 Sec. 3. "Hoosier homestead farm" means a farm that the
267	267	31 department has:
268	268	32 (1) determined meets the requirements for a Hoosier
269	269	33 homestead farm under section 8 of this chapter; and
270	270	34 (2) entered in the registry.
271	271	35 Sec. 4. "Owner" means the persons:
272	272	36 (1) listed on the tax assessment rolls as being responsible for
273	273	37 the payment of real estate taxes imposed on the property; and
274	274	38 (2) in whose name title to real estate is shown in the records
275	275	39 of the recorder of the county in which the real estate is
276	276	40 located.
277	277	41 Sec. 5. "Program" means the Hoosier homestead farm program
278	278	42 established by this chapter.
279	279	2024 IN 1154—LS 6610/DI 87 7
280	280	1 Sec. 6. "Registry" means the Hoosier homestead farm registry
281	281	2 established under this chapter.
282	282	3 Sec. 7. (a) The Hoosier homestead farm program is established
283	283	4 for the following purposes:
284	284	5 (1) To honor Indiana's rich agricultural heritage, by
285	285	6 recognizing:
286	286	7 (1) family farms that have been owned continuously by the
287	287	8 same family for at least one hundred (100) years; and
288	288	9 (2) the contributions these family farms have made to the
289	289	10 economic, cultural and social advancements of Indiana.
290	290	11 (2) To promote preservation of Indiana's historic family
291	291	12 farms by maintaining a registry that provides notice to an
292	292	13 entity with eminent domain authority that:
293	293	14 (A) a property proposed for acquisition is a Hoosier
294	294	15 homestead farm; and
295	295	16 (B) the entity must comply with IC 32-24-1.5 before
296	296	17 proceeding with condemnation.
297	297	18 (b) The department shall administer the program.
298	298	19 Sec. 8. For a farm to be eligible for registration as a Hoosier
299	299	20 homestead farm, at least a part of the property comprising the
300	300	21 farm must meet the following requirements:
301	301	22 (1) The property has been under the continuous ownership of
302	302	23 the same family for at least one hundred (100) years. The line
303	303	24 of ownership from the first family member that owned the
304	304	25 property to the current owner may only be through spouses,
305	305	26 children, siblings, nephews, nieces, aunts, uncles, or cousins.
306	306	27 Legally adopted family members are recognized equally with
307	307	28 blood relatives.
308	308	29 (2) Is used for agricultural purposes, which includes
309	309	30 contracting with a nonfamily member to farm the land.
310	310	31 (3) At least:
311	311	32 (A) twenty (20) acres of property used for agricultural
312	312	33 purposes was owned by the first family member; or
313	313	34 (B) one (1) acre of property used for agricultural purposes
314	314	35 was owned by the first family member and produces a
315	315	36 gross of at least one thousand dollars ($1,000) of
316	316	37 agricultural products (as defined in IC 15-12-1-3) a year.
317	317	38 Sec. 9. The owner must submit an application for registration to
318	318	39 the department on a form established by the department. The
319	319	40 application must include the following:
320	320	41 (1) Information and documentation of the unbroken familial
321	321	42 line of ownership of the farm, from the first family member
322	322	2024 IN 1154—LS 6610/DI 87 8
323	323	1 and through all successive family member owners to the
324	324	2 current owner. Copies of any of the following may be
325	325	3 submitted with the application to document the transfer of
326	326	4 ownership and the familial relationship of the owners:
327	327	5 (A) An original deed, land patent, or other instrument.
328	328	6 (B) Records maintained in a courthouse.
329	329	7 (C) An abstract of title covering the real estate.
330	330	8 (2) Information regarding the familial relationship of each
331	331	9 previous owner to the current owner.
332	332	10 (3) If the property is in a trust or in the name of a
333	333	11 corporation, proof must be submitted that the farm remains
334	334	12 in the family by submitting a copy of:
335	335	13 (A) the articles of incorporation showing that only family
336	336	14 members are members of the corporation; or
337	337	15 (B) the trust document showing that only family members
338	338	16 are truste beneficiaries.
339	339	17 (4) Any other information or documentation required by the
340	340	18 department.
341	341	19 Sec. 10. An owner shall certify on an application to the accuracy
342	342	20 of the information provided.
343	343	21 Sec. 11. (a) If the department determines that the property
344	344	22 satisfies the requirements of this chapter for registration as a
345	345	23 Hoosier homestead farm, the department shall:
346	346	24 (1) enter the property on the registry as a Hoosier homestead
347	347	25 farm in good standing; and
348	348	26 (2) issue to the owner a certificate and yard sign
349	349	27 commemorating the farm as a Hoosier homestead farm.
350	350	28 (b) The certificate and yard sign issued by the department may
351	351	29 commemorate different categories of continuous familial
352	352	30 ownership as follows:
353	353	31 (1) A centennial designation, if the family has owned a farm
354	354	32 for at least one hundred (100) years and less than one
355	355	33 hundred fifty (150) years.
356	356	34 (2) A sesquicentennial designation, if the family has owned a
357	357	35 farm at least one hundred fifty (150) years and less than two
358	358	36 hundred (200) years.
359	359	37 (3) A bicentennial designation, if the family has owned a farm
360	360	38 at least two hundred (200) years.
361	361	39 Sec. 12. The department shall establish a registry not later than
362	362	40 January 1, 2025.
363	363	41 Sec. 13. The registry must:
364	364	42 (1) be maintained in an electronic format;
365	365	2024 IN 1154—LS 6610/DI 87 9
366	366	1 (2) permit electronic submission of registration renewals;
367	367	2 (3) include the registration's expiration date; and
368	368	3 (4) be accessible to the public through the computer gateway
369	369	4 administered by the office of technology established by
370	370	5 IC 4-13.1-2-1.
371	371	6 Sec. 14. To maintain a Hoosier homestead farm's registration in
372	372	7 good standing:
373	373	8 (1) the requirements under section 8 of this chapter for
374	374	9 eligibility must continue to be met; and
375	375	10 (2) the registration must be renewed biennially by submitting
376	376	11 a renewal application to the department.
377	377	12 Sec. 15. (a) If any part of a Hoosier homestead farm is
378	378	13 transferred, including a transfer to a family member, the
379	379	14 registration must be renewed and the registry updated.
380	380	15 (b) The department shall receive from a county assessor or
381	381	16 township assessor (if any) a sales disclosure form for each
382	382	17 conveyance of all or part of a Hoosier homestead farm under
383	383	18 IC 6-1.1-5.5-5. The department shall send a notice to the transferee
384	384	19 that for the farm to remain in good standing as a Hoosier
385	385	20 homestead farm, the registration must be renewed by submitting
386	386	21 a renewal form to the department not later than sixty (60) days
387	387	22 after the date of the notice. The department may require further
388	388	23 documentation as proof that the property still satisfies the
389	389	24 requirements for a Hoosier homestead farm.
390	390	25 (c) The registry will be updated to reflect that a registration is:
391	391	26 (1) revoked, if the department determines that a property
392	392	27 transfer results in the farm no longer meeting the eligibility
393	393	28 requirements of section 8 of this chapter; or
394	394	29 (2) expired because the registration was not renewed and
395	395	30 updated.
396	396	31 Sec 16. The department may not charge a fee for the
397	397	32 registration of a Hoosier homestead farm or the renewal of a
398	398	33 registration.
399	399	34 Sec. 17. The department shall post information on its webpage
400	400	35 about how state law requires condemnation of a Hoosier
401	401	36 homestead farm to be approved by the Indiana land resources
402	402	37 council under IC 32-24-1.5. The webpage must emphasize the
403	403	38 following:
404	404	39 (1) With certain exceptions, if the Indiana land resources
405	405	40 council does not approve the taking of a Hoosier homestead
406	406	41 farm by eminent domain, the eminent domain action will not
407	407	42 proceed.
408	408	2024 IN 1154—LS 6610/DI 87 10
409	409	1 (2) The owner of a Hoosier homestead farm must keep the
410	410	2 registration in good standing to ensure review by the Indiana
411	411	3 land resources council in the event of an eminent domain
412	412	4 action.
413	413	5 (3) To keep the registration of a Hoosier homestead farm in
414	414	6 good standing, the registration must be renewed biennially
415	415	7 and updated any time the ownership of the farm changes.
416	416	8 SECTION 5. IC 15-12-5-6, AS ADDED BY P.L.2-2008, SECTION
417	417	9 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
418	418	10 2024]: Sec. 6. The council may do the following:
419	419	11 (1) Provide technical assistance and information about land use
420	420	12 strategies.
421	421	13 (2) Facilitate collaboration among commonly affected state,
422	422	14 county, and local government units.
423	423	15 (3) Compile and maintain a land planning information library,
424	424	16 both hard copy and electronic, that includes current data on land
425	425	17 resources in Indiana.
426	426	18 (4) Establish or coordinate educational programs for
427	427	19 governmental units, nongovernmental entities, and the public with
428	428	20 special consideration for local planning commission members and
429	429	21 county commissioners.
430	430	22 (5) Provide counties and local communities conducting land use
431	431	23 planning with access to technical and legal assistance through a
432	432	24 referral service.
433	433	25 (6) Provide information to local authorities on model ordinances
434	434	26 for programs and techniques on land use.
435	435	27 (7) Obtain grants and assist counties and local communities in
436	436	28 locating additional funding sources for planning projects.
437	437	29 (8) Make recommendations to the general assembly and other
438	438	30 governmental bodies concerning land resources.
439	439	31 (9) When requested, advise the general assembly on proposals
440	440	32 relating to land resources.
441	441	33 (10) Approve or disapprove a proposed taking of a Hoosier
442	442	34 homestead farm (as defined in IC 15-11-16-3) by eminent
443	443	35 domain under IC 32-24-1.5
444	444	36 SECTION 6. IC 32-24-1-3, AS AMENDED BY P.L.84-2016,
445	445	37 SECTION 143, IS AMENDED TO READ AS FOLLOWS
446	446	38 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Any person that may exercise
447	447	39 the power of eminent domain for any public use under any statute may
448	448	40 exercise the power only in the manner provided in this article, except
449	449	41 as otherwise provided by law.
450	450	42 (b) Except as provided in subsection (g), before proceeding to
451	451	2024 IN 1154—LS 6610/DI 87 11
452	452	1 condemn, the person:
453	453	2 (1) may enter upon any land to examine and survey the property
454	454	3 sought to be acquired; and
455	455	4 (2) must make an effort to purchase for the use intended the land,
456	456	5 right-of-way, easement, or other interest, in the property; and
457	457	6 (3) if the land is registered as a Hoosier homestead farm (as
458	458	7 defined in IC 15-11-16-3), must first comply with IC 32-24-1.5
459	459	8 before making an effort to purchase under subdivision (2).
460	460	9 (c) The effort to purchase under subsection (b)(2) must include the
461	461	10 following:
462	462	11 (1) Establishing a proposed purchase price for the property.
463	463	12 (2) Providing the owner of the property with an appraisal or other
464	464	13 evidence used to establish the proposed purchase price.
465	465	14 (3) Conducting good faith negotiations with the owner of the
466	466	15 property.
467	467	16 (d) If the land or interest in the land, or property or right is owned
468	468	17 by a person who is an incapacitated person (as defined in
469	469	18 IC 29-3-1-7.5) or less than eighteen (18) years of age, the person
470	470	19 seeking to acquire the property may purchase the property from the
471	471	20 guardian of the incapacitated person or person less than eighteen (18)
472	472	21 years of age. If the purchase is approved by the court appointing the
473	473	22 guardian and the approval is written upon the face of the deed, the
474	474	23 conveyance of the property purchased and the deed made and approved
475	475	24 by the court are valid and binding upon the incapacitated person or
476	476	25 persons less than eighteen (18) years of age.
477	477	26 (e) The deed given, when executed instead of condemnation,
478	478	27 conveys only the interest stated in the deed.
479	479	28 (f) If property is taken by proceedings under this article, the entire
480	480	29 fee simple title may be taken and acquired.
481	481	30 (g) This subsection applies to a public utility (as defined in
482	482	31 IC 32-24-1-5.9(a)) section 5.9(a) of this chapter) or a pipeline
483	483	32 company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline
484	484	33 company seeks to acquire land or an interest in land under this article,
485	485	34 the public utility or pipeline company may not enter upon the land to
486	486	35 examine or survey the property sought to be acquired unless either of
487	487	36 the following occur:
488	488	37 (1) The public utility or the pipeline company sends notice by
489	489	38 certified mail to the affected landowner (as defined in
490	490	39 IC 8-1-22.6-2) of the public utility's or the pipeline company's
491	491	40 intention to enter upon the landowner's property for survey
492	492	41 purposes. The notice required by this subdivision must be mailed
493	493	42 not later than fourteen (14) days before the date of the public
494	494	2024 IN 1154—LS 6610/DI 87 12
495	495	1 utility's or the pipeline company's proposed examination or
496	496	2 survey.
497	497	3 (2) The public utility or the pipeline company receives the
498	498	4 landowner's signed consent to enter the property to perform the
499	499	5 proposed examination or survey.
500	500	6 An affected landowner may bring an action to enforce this subsection
501	501	7 in the circuit court, superior court, or probate court of the county in
502	502	8 which the landowner's property is located. A prevailing landowner is
503	503	9 entitled to the landowner's actual damages as a result of the public
504	504	10 utility's or the pipeline company's violation. In addition, the court may
505	505	11 award a prevailing landowner reasonable costs of the action and
506	506	12 attorney's fees.
507	507	13 SECTION 7. IC 32-24-1-8, AS AMENDED BY P.L.80-2020,
508	508	14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
509	509	15 JULY 1, 2024]: Sec. 8. (a) A defendant may object to the proceedings:
510	510	16 (1) because the court does not have jurisdiction either of the
511	511	17 subject matter or of the person;
512	512	18 (2) because the plaintiff does not have the right to exercise the
513	513	19 power of eminent domain for the use sought; or
514	514	20 (3) because the property is a Hoosier homestead farm and the
515	515	21 requirements of IC 32-24-1.5 were not satisfied; or
516	516	22 (3) (4) for any other reason disclosed in the complaint or set up in
517	517	23 the objections.
518	518	24 (b) Objections under subsection (a) must be:
519	519	25 (1) in writing;
520	520	26 (2) separately stated and numbered; and
521	521	27 (3) filed not later than thirty (30) days after the date the notice
522	522	28 required in section 6 of this chapter is served on the defendant.
523	523	29 However, the court may extend the period for filing objections by
524	524	30 not more than thirty (30) days upon written motion of the
525	525	31 defendant.
526	526	32 (c) The court may not allow pleadings in the cause other than the
527	527	33 complaint, any objections, and the written exceptions provided for in
528	528	34 section 11 of this chapter. However, the court may permit amendments
529	529	35 to the pleadings.
530	530	36 (d) If an objection is sustained, the plaintiff may amend the
531	531	37 complaint or may appeal from the decision in the manner that appeals
532	532	38 are taken from final judgments in civil actions. All the parties shall take
533	533	39 notice and are bound by the judgment in an appeal.
534	534	40 (e) If the objections are overruled, the court shall appoint appraisers
535	535	41 as provided for in this chapter. Any defendant may appeal the
536	536	42 interlocutory order overruling the objections and appointing appraisers
537	537	2024 IN 1154—LS 6610/DI 87 13
538	538	1 in the manner that appeals are taken from final judgments in civil
539	539	2 actions.
540	540	3 (f) All the parties shall take notice of and be bound by the judgment
541	541	4 in the appeal.
542	542	5 (g) The transcript must be filed in the office of the clerk of the
543	543	6 supreme court not later than thirty (30) days after the notice of the
544	544	7 defendant's appeal is filed. The appeal does not stay proceedings in the
545	545	8 cause.
546	546	9 (h) This subsection does not apply to a condemnation action brought
547	547	10 by a public utility (as defined in section 5.9(a) of this chapter) or by a
548	548	11 pipeline company. Notwithstanding section 14 of this chapter, if an
549	549	12 objection:
550	550	13 (1) is sustained, and no appeal is filed; or
551	551	14 (2) is sustained in the judgment in the appeal;
552	552	15 the court shall award the defendant the reasonable costs and attorney's
553	553	16 fees incurred for the objection, in an amount not to exceed twenty-five
554	554	17 thousand dollars ($25,000).
555	555	18 SECTION 8. IC 32-24-1.5 IS ADDED TO THE INDIANA CODE
556	556	19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
557	557	20 JULY 1, 2024]:
558	558	21 Chapter 1.5. Taking of a Hoosier Homestead Farm by Eminent
559	559	22 Domain
560	560	23 Sec. 1. Except as provided in section 2 of this chapter, this
561	561	24 chapter applies to any condemnation for any public use under any
562	562	25 statute:
563	563	26 (1) of a Hoosier homestead farm; and
564	564	27 (2) that is initiated after December 31, 2024.
565	565	28 Sec. 2. This chapter does not apply to a condemnation for any
566	566	29 of the following purposes:
567	567	30 (1) Construction, maintenance, or installation of an
568	568	31 underground public utility facility that does not permanently
569	569	32 impact the tilling of soil.
570	570	33 (2) Activities relating to maintenance, improvement, or
571	571	34 alteration of existing highways including widening roadways,
572	572	35 reconstruction, or eliminating curbs.
573	573	36 (3) An emergency project that is immediately necessary for
574	574	37 the protection of life or property.
575	575	38 Sec. 3. "Condemnor" means any person authorized by Indiana
576	576	39 law to exercise the power of eminent domain.
577	577	40 Sec. 4. "Hoosier homestead farm" has the meaning set forth in
578	578	41 IC 15-11-16-3.
579	579	42 Sec. 5. "Owner" means the persons:
580	580	2024 IN 1154—LS 6610/DI 87 14
581	581	1 (1) listed on the tax assessment rolls as being responsible for
582	582	2 the payment of real estate taxes imposed on the property; and
583	583	3 (2) in whose name title to real estate is shown in the records
584	584	4 of the recorder of the county in which the real estate is
585	585	5 located.
586	586	6 Sec. 6. "Petition" means a petition requesting the state council's
587	587	7 approval of a condemnation of any part of a Hoosier homestead
588	588	8 farm.
589	589	9 Sec. 7. "State council" means the Indiana land resources council
590	590	10 established by IC 15-12-5-3.
591	591	11 Sec. 8. If a public project involves condemnation of any part of
592	592	12 a Hoosier homestead farm, a condemnor may not make an offer to
593	593	13 purchase or otherwise proceed with the condemnation of any
594	594	14 property for use in the project until:
595	595	15 (1) the condemnor publishes a notice of intent to initiate
596	596	16 condemnation under section 9 of this chapter; and
597	597	17 (2) each petition filed under section 10 of this chapter has
598	598	18 been approved by the state council.
599	599	19 Sec. 9. (a) The condemnor must publish a notice of intent to
600	600	20 condemn that states at least the following:
601	601	21 (1) A brief description of the public project requiring
602	602	22 acquisition of property.
603	603	23 (2) A list of all properties proposed to be acquired for the
604	604	24 project, providing address for each parcel and the name and
605	605	25 address of the owner.
606	606	26 (3) A statement that because the project requires acquisition
607	607	27 of a Hoosier homestead farm state law requires the
608	608	28 condemnor to petition the state council to approve the
609	609	29 condemnation of the Hoosier homestead farm. The state
610	610	30 council must approve the petition before the condemnor may
611	611	31 proceed with an offer to purchase or to condemn any
612	612	32 property listed in subdivision (2).
613	613	33 (b) The notice of intent shall be published:
614	614	34 (1) for two (2) consecutive weeks with:
615	615	35 (A) each publication of notice in a newspaper of general
616	616	36 circulation published in the county where the property is
617	617	37 located; or
618	618	38 (B) the first publication of notice in a newspaper described
619	619	39 in clause (A) and the second publication of notice:
620	620	40 (i) in accordance with IC 5-3-5; and
621	621	41 (ii) on the official website of the county; and
622	622	42 (2) mailed to the owner of each property listed in the notice.
623	623	2024 IN 1154—LS 6610/DI 87 15
624	624	1 Sec. 10. (a) The condemnor must file a petition with the state
625	625	2 council at least ten (10) days after the date of the second
626	626	3 publication of notice under section 9 of this chapter. The petition
627	627	4 must include the following:
628	628	5 (1) A copy of the notice published under section 9 of this
629	629	6 chapter and proof of publication.
630	630	7 (2) For each Hoosier homestead farm proposed to be
631	631	8 acquired, the following information:
632	632	9 (A) The address of each parcel.
633	633	10 (B) The owner's name, address, and telephone number.
634	634	11 (C) A description of the property that will be acquired.
635	635	12 (3) A description and map of all properties proposed to be
636	636	13 acquired for the project.
637	637	14 The state council may require the condemnor to provide any
638	638	15 additional information and documentation that the state council
639	639	16 considers necessary to make a determination on the petition.
640	640	17 (b) The condemnor must send a copy of the petition personally
641	641	18 or by certified mail to the owner. If the petition cannot be served
642	642	19 personally or by certified mail, or if the owner cannot be found, the
643	643	20 notice shall be given by publication in a newspaper of general
644	644	21 circulation in the county in which the property is located.
645	645	22 Sec. 11. (a) The state council shall set a hearing date at least
646	646	23 thirty (30) days after the date the petition is filed. The state council
647	647	24 shall give notice of the hearing to each owner named in the petition.
648	648	25 Notice and the hearing shall comply with IC 4-21.5.
649	649	26 (b) The state council may dismiss a petition with regard to a
650	650	27 Hoosier homestead farm if evidence is presented at the hearing
651	651	28 that the property is no longer registered as a Hoosier homestead
652	652	29 farm in good standing.
653	653	30 Sec. 12. The state council shall issue a written determination
654	654	31 approving or disapproving condemnation of the Hoosier
655	655	32 homestead farm and stating the basis for its determination. The
656	656	33 state council may approve the proposed condemnation of a Hoosier
657	657	34 homestead farm only if the state council makes a determination
658	658	35 that:
659	659	36 (1) there is no feasible and prudent alternative to using the
660	660	37 Hoosier homestead farm for the project; and
661	661	38 (2) the proposed condemnation of the Hoosier homestead
662	662	39 farm would not have an unreasonably adverse effect upon the
663	663	40 preservation and enhancement of agriculture within the area.
664	664	41 Sec. 13. A party may petition the Marion County superior court
665	665	42 for review of the state council's determination. The court shall
666	666	2024 IN 1154—LS 6610/DI 87 16
667	667	1 grant relief only if the court determines that a person seeking
668	668	2 judicial relief has been prejudiced by an action of the state council
669	669	3 that is:
670	670	4 (1) arbitrary, capricious, an abuse of discretion, or otherwise
671	671	5 not in accordance with law;
672	672	6 (2) contrary to constitutional right, power, privilege, or
673	673	7 immunity;
674	674	8 (3) in excess of statutory jurisdiction, authority, or limitations,
675	675	9 or short of statutory right;
676	676	10 (4) without observance of procedure required by law; or
677	677	11 (5) unsupported by substantial evidence;
678	678	12 the court may set aside the final determination of the state council.
679	679	13 The court may remand the case to the state council for further
680	680	14 proceedings. A party shall have the right of appeal from the
681	681	15 judgment of the superior court of Marion County as an appeal is
682	682	16 taken in a civil action.
683	683	17 Sec. 14. If the petition for condemnation of a Hoosier homestead
684	684	18 farm is approved the condemnor may proceed with the
685	685	19 condemnation under IC 32-24-1.
686	686	20 SECTION 9. IC 32-24-2-5 IS AMENDED TO READ AS
687	687	21 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as
688	688	22 provided in subsection (b), if:
689	689	23 (1) a municipality has the power to acquire property under this
690	690	24 chapter; or
691	691	25 (2) another statute provides for proceedings by a municipality for
692	692	26 acquiring property under this chapter;
693	693	27 the board exercising those powers may proceed under IC 32-24-1
694	694	28 instead of this chapter.
695	695	29 (b) The board exercising the power of eminent domain for a
696	696	30 municipality must proceed under IC 32-24-1, if:
697	697	31 (1) the property is a Hoosier homestead farm; and
698	698	32 (2) condemnation of the property was approved by the
699	699	33 Indiana land resources council under IC 32-24-1.5.
700	700	2024 IN 1154—LS 6610/DI 87