Indiana 2024 Regular Session

Indiana House Bill HB1204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1204.1
	2	+	February 27, 2024
	3	+	ENGROSSED
	4	+	HOUSE BILL No. 1204
	5	+	_____
	6	+	DIGEST OF HB 1204 (Updated February 22, 2024 12:00 pm - DI 87)
	7	+	Citations Affected: IC 5-3; IC 6-1.1; IC 10-18; IC 36-1; IC 36-7.
	8	+	Synopsis: Publication of public notices. Allows a political subdivision
	9	+	to publish notice in the print or electronic edition of a newspaper or
	10	+	locality newspaper that issues a print edition not more than three times
	11	+	a week. Allows, if a newspaper or locality newspaper issues a print
	12	+	edition not more than two times a week, a political subdivision to
	13	+	publish notice: (1) in the print edition or on the newspaper or locality
	14	+	newspaper's website; or (2) if the newspaper or locality newspaper does
	15	+	not have a website, in the print edition or the political subdivision's
	16	+	official website. Allows a notice regarding the sale of certain tracts of
	17	+	real property by a political subdivision to be published solely on the
	18	+	official website of the political subdivision. Provides that if the
	19	+	assessed value of a tract is less than $10,000, based on the most recent
	20	+	assessment of the tract or of the tract of which it was a part before it
	21	+	was acquired, the disposing agent or redevelopment commission is not
	22	+	required to have the tract appraised.
	23	+	Effective: July 1, 2024.
	24	+	Meltzer, Zimmerman, Moed, Smaltz
	25	+	(SENATE SPONSORS — BROWN L, POL JR.)
	26	+	January 9, 2024, read first time and referred to Committee on Judiciary.
	27	+	January 25, 2024, amended, reported — Do Pass.
	28	+	January 29, 2024, read second time, ordered engrossed. Engrossed.
	29	+	January 30, 2024, read third time, passed. Yeas 97, nays 0.
	30	+	SENATE ACTION
	31	+	February 7, 2024, read first time and referred to Committee on Local Government.
	32	+	February 26, 2024, amended, reported favorably — Do Pass.
	33	+	EH 1204—LS 6866/DI 154 February 27, 2024
1	34		Second Regular Session of the 123rd General Assembly (2024)
2	35		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	36		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	37		additions will appear in this style type, and deletions will appear in this style type.
5	38		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	39		provision adopted), the text of the new provision will appear in this style type. Also, the
7	40		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	41		a new provision to the Indiana Code or the Indiana Constitution.
9	42		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	43		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1204
12		-	AN ACT to amend the Indiana Code concerning property.
	44	+	ENGROSSED
	45	+	HOUSE BILL No. 1204
	46	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	47	+	property.
13	48		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 5-3-1-0.1 IS ADDED TO THE INDIANA CODE
	49	+	1 SECTION 1. IC 5-3-1-0.1 IS ADDED TO THE INDIANA CODE
	50	+	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	51	+	3 1, 2024]: Sec. 0.1. As used in this chapter, "electronic edition"
	52	+	4 means a new edition of a newspaper that is only published on a
	53	+	5 newspaper's website and not published in a print edition.
	54	+	6 SECTION 2. IC 5-3-1-1.5, AS AMENDED BY P.L.147-2016,
	55	+	7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	56	+	8 JULY 1, 2024]: Sec. 1.5. (a) This section applies to a notice that must
	57	+	9 be published in accordance with this chapter.
	58	+	10 (b) If a newspaper or locality newspaper maintains an Internet web
	59	+	11 site, a website, a notice that is published in the newspaper or locality
	60	+	12 newspaper must also be posted on the web site website of the
	61	+	13 newspaper or locality newspaper. The notice must appear on the web
	62	+	14 site website on the same day the notice appears in the newspaper or
	63	+	15 locality newspaper.
	64	+	16 (c) The state board of accounts shall develop a standard form for
	65	+	17 notices posted on a newspaper's or locality newspaper's Internet web
	66	+	EH 1204—LS 6866/DI 154 2
	67	+	1 site. website.
	68	+	2 (d) A newspaper or locality newspaper may not charge a fee for
	69	+	3 posting a notice on the newspaper's or locality newspaper's Internet
	70	+	4 web site website under this section.
	71	+	5 SECTION 3. IC 5-3-1-1.6 IS ADDED TO THE INDIANA CODE
	72	+	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	73	+	7 1, 2024]: Sec. 1.6. (a) This section applies to a notice published by
	74	+	8 a political subdivision in a newspaper or locality newspaper under
	75	+	9 section 4 of this chapter.
	76	+	10 (b) This subsection applies if a newspaper or locality newspaper
	77	+	11 publishes:
	78	+	12 (1) a print edition not more than three (3) times a week; and
	79	+	13 (2) an electronic edition.
	80	+	14 A notice may be published in either the print edition or the
	81	+	15 electronic edition.
	82	+	16 (c) This subsection applies if a newspaper or locality newspaper:
	83	+	17 (1) publishes a print edition not more than two (2) times a
	84	+	18 week; and
	85	+	19 (2) does not publish an electronic edition.
	86	+	20 A notice may be published in either the print edition or on the
	87	+	21 website of the newspaper or locality newspaper. If the newspaper
	88	+	22 or locality newspaper does not maintain a website, a notice may be
	89	+	23 published in either the print edition or on the political subdivision's
	90	+	24 official website (as defined in IC 5-3-5-2) in accordance with
	91	+	25 IC 5-3-5.
	92	+	26 (d) A newspaper or locality newspaper may not:
	93	+	27 (1) charge a person a fee for viewing or searching the website
	94	+	28 or electronic edition for public notices; or
	95	+	29 (2) require a person to register on the newspaper or locality
	96	+	30 newspaper's website in order to view or search for public
	97	+	31 notices on the website.
	98	+	32 (e) The basic charge for publication of a notice in an electronic
	99	+	33 edition shall be the same as the basic charge for publication of the
	100	+	34 notice in the print edition in accordance with section 1 of this
	101	+	35 chapter.
	102	+	36 SECTION 4. IC 5-3-1-2, AS AMENDED BY P.L.152-2021,
	103	+	37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	104	+	38 JULY 1, 2024]: Sec. 2. (a) This section applies only when notice of an
	105	+	39 event is required to be given by publication in accordance with this
	106	+	40 chapter.
	107	+	41 (b) If the event is a public hearing or meeting concerning any matter
	108	+	42 not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i),
	109	+	EH 1204—LS 6866/DI 154 3
	110	+	1 notice shall be published one (1) time, at least ten (10) days before the
	111	+	2 date of the hearing or meeting.
	112	+	3 (c) If the event is an election, notice shall be published one (1) time,
	113	+	4 not later than twenty-one (21) days before election day.
	114	+	5 (d) If the event is a sale of bonds, notes, or warrants, notice shall be
	115	+	6 published two (2) times, at least one (1) week apart, with:
	116	+	7 (1) the first publication made at least fifteen (15) days before the
	117	+	8 date of the sale; and
	118	+	9 (2) the second publication made at least three (3) days before the
	119	+	10 date of the sale.
	120	+	11 (e) If the event is the receiving of bids, notice shall be published two
	121	+	12 (2) times, at least one (1) week apart, with the second publication made
	122	+	13 at least seven (7) days before the date the bids will be received.
	123	+	14 (f) If the event is the establishment of a cumulative or sinking fund,
	124	+	15 notice of the proposal and of the public hearing that is required to be
	125	+	16 held by the political subdivision shall be published two (2) times, at
	126	+	17 least one (1) week apart, with the second publication made at least
	127	+	18 three (3) days before the date of the hearing.
	128	+	19 (g) If the event is the submission of a proposal adopted by a political
	129	+	20 subdivision for a cumulative or sinking fund for the approval of the
	130	+	21 department of local government finance, the notice of the submission
	131	+	22 shall be published one (1) time. The political subdivision shall publish
	132	+	23 the notice when directed to do so by the department of local
	133	+	24 government finance.
	134	+	25 (h) If the event is the required publication of an ordinance, notice of
	135	+	26 the passage of the ordinance shall be published one (1) time within
	136	+	27 thirty (30) days after the passage of the ordinance.
	137	+	28 (i) If the event is one about which notice is required to be published
	138	+	29 after the event, notice shall be published one (1) time within thirty (30)
	139	+	30 days after the date of the event.
	140	+	31 (j) If the event is one about which notice is required under
	141	+	32 IC 36-1-11-5(e), IC 36-7-14-22.6, or IC 36-7-15.1-15.6, notice shall
	142	+	33 be published:
	143	+	34 (1) one (1) time not more than ten (10) days after the date on
	144	+	35 which the determination was made; and
	145	+	36 (2) not less than ten (10) days before the date offers will be
	146	+	37 received.
	147	+	38 The notice under this subsection may be published solely on the
	148	+	39 political subdivision's official website (as defined in IC 5-3-5-2) in
	149	+	40 accordance with IC 5-3-5.
	150	+	41 (j) (k) If any officer charged with the duty of publishing any notice
	151	+	42 required by law is unable to procure publication of notice:
	152	+	EH 1204—LS 6866/DI 154 4
	153	+	1 (1) at the price fixed by law;
	154	+	2 (2) because all newspapers or locality newspapers that are
	155	+	3 qualified to publish the notice refuse to publish the notice; or
	156	+	4 (3) because the newspapers or locality newspapers referred to in
	157	+	5 subdivision (2) refuse to post the notice on the newspapers' or
	158	+	6 locality newspapers' Internet web sites websites (if required under
	159	+	7 section 1.5 of this chapter);
	160	+	8 it is sufficient for the officer to post printed notices in three (3)
	161	+	9 prominent places in the political subdivision, instead of publication of
	162	+	10 the notice in newspapers or locality newspapers and on an Internet web
	163	+	11 site a website (if required under section 1.5 of this chapter).
	164	+	12 (k) (l) This subsection applies if an officer described in subsection
	165	+	13 (j) (k) or the officer's designee submits a notice to a newspaper or
	166	+	14 locality newspaper in a timely manner and the newspaper or locality
	167	+	15 newspaper does not refuse to publish the notice but subsequently fails
	168	+	16 to publish the notice. If, within the same period required for publishing
	169	+	17 notice under this section, the officer or officer's designee posts:
	170	+	18 (1) printed notices in three (3) prominent places in the political
	171	+	19 subdivision; or
	172	+	20 (2) notice on the political subdivision's Internet web site website
	173	+	21 in a location where the notice is easily accessible and identifiable;
	174	+	22 the notice is sufficient, and publication of the notice in newspapers or
	175	+	23 locality newspapers and on the newspapers' Internet web sites websites
	176	+	24 (if required under section 1.5 of this chapter) is not required.
	177	+	25 (l) (m) A political subdivision that is required under this chapter to
	178	+	26 publish notice in a newspaper two (2) or more times may make:
	179	+	27 (1) the first publication of notice in a newspaper as required under
	180	+	28 section 4 of this chapter or the applicable statute; and
	181	+	29 (2) all subsequent publications of notice:
	182	+	30 (A) in accordance with IC 5-3-5; and
	183	+	31 (B) on the official web site website of the political
	184	+	32 subdivision.
	185	+	33 If a political subdivision is required to publish a notice two (2) or more
	186	+	34 times in at least two (2) newspapers contemporaneously, the first
	187	+	35 publication of the notice includes the first publication of the notice in
	188	+	36 both newspapers.
	189	+	37 SECTION 5. IC 6-1.1-23.5-10, AS AMENDED BY P.L.152-2021,
	190	+	38 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	191	+	39 JULY 1, 2024]: Sec. 10. (a) After preparing the notice described under
	192	+	40 section 9 of this chapter, the county treasurer shall do the following:
	193	+	41 (1) Post a copy of the notice at a public place of posting in the
	194	+	42 county courthouse or in another public county building at least
	195	+	EH 1204—LS 6866/DI 154 5
	196	+	1 thirty (30) days before the earliest date on which the application
	197	+	2 for judgment may be made.
	198	+	3 (2) Publish the notice once in accordance with IC 5-3-1-4 at least
	199	+	4 thirty (30) days before the earliest date on which the application
	200	+	5 for judgment may be made. The expenses of this publication shall
	201	+	6 be paid out of the county general fund without prior
	202	+	7 appropriation.
	203	+	8 (3) Publish a notice twice in accordance with IC 5-3-1-2(l)
	204	+	9 IC 5-3-1-2(m) or IC 5-3-1-4 at the following times stating that the
	205	+	10 complete listing of mobile homes eligible for sale at auction under
	206	+	11 this chapter is available on the Internet web site website of the
	207	+	12 county government or the county government's contractor:
	208	+	13 (A) The first time at least seven (7) days after the publication
	209	+	14 of the notice required under subdivision (2).
	210	+	15 (B) The second time at least seven (7) days after the
	211	+	16 publication of the notice required under clause (A).
	212	+	17 (4) At least thirty (30) days before the earliest date on which the
	213	+	18 application for judgment may be made, mail a copy of the notice
	214	+	19 described under section 9 of this chapter by certified mail, return
	215	+	20 receipt requested, to any party having a substantial property
	216	+	21 interest of record.
	217	+	22 (b) The notices mailed under this section are considered sufficient
	218	+	23 notice of the intended application for judgment and of the sale of
	219	+	24 mobile homes under the order of the court.
	220	+	25 (c) For mobile homes that are not sold when initially offered for sale
	221	+	26 under this chapter, the county treasurer may omit the descriptions of
	222	+	27 the mobile homes specified in section 9(b)(1) and 9(b)(3) of this
	223	+	28 chapter for those mobile homes when they are for sale at a subsequent
	224	+	29 auction if:
	225	+	30 (1) the county treasurer includes in the notice a statement that
	226	+	31 descriptions of those mobile homes are available on the Internet
	227	+	32 web site website of the county government or the county
	228	+	33 government's contractor and the information may be obtained in
	229	+	34 an alternative form from the county treasurer upon request; and
	230	+	35 (2) the descriptions of those mobile homes eligible for sale a
	231	+	36 second or subsequent time are made available on the Internet web
	232	+	37 site website of the county government or the county government's
	233	+	38 contractor and may be obtained from the county treasurer in an
	234	+	39 alternative form upon request in accordance with section 11 of
	235	+	40 this chapter.
	236	+	41 SECTION 6. IC 10-18-2-19, AS AMENDED BY P.L.152-2021,
	237	+	42 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	238	+	EH 1204—LS 6866/DI 154 6
	239	+	1 JULY 1, 2024]: Sec. 19. (a) If a county executive desires to carry out
	240	+	2 this chapter, the county executive must adopt a declaratory resolution
	241	+	3 in substance as follows:
	242	+	4 "Be it resolved, by the county executive of _______ County, that
	243	+	5 said county should proceed alone, or jointly with the city of
	244	+	6 _______ located in such county, to carry out the purposes of
	245	+	7 IC 10-18-2.".
	246	+	8 (b) The resolution shall be recorded in the proceedings of the county
	247	+	9 executive. Notice of the adoption of the declaratory resolution shall be
	248	+	10 given by the county executive by the publication of the resolution two
	249	+	11 (2) times in full published at least a week apart in accordance with
	250	+	12 IC 5-3-1-2(l) IC 5-3-1-2(m) or IC 5-3-1-4.
	251	+	13 (c) The county executive may:
	252	+	14 (1) appropriate money;
	253	+	15 (2) make loans;
	254	+	16 (3) issue bonds;
	255	+	17 (4) levy taxes; and
	256	+	18 (5) do everything that may be necessary to carry out this chapter.
	257	+	19 If any bonds are issued under this chapter by a county and the bonds
	258	+	20 have to be refunded, it is not necessary for the county executive to
	259	+	21 adopt a declaratory resolution.
	260	+	22 (d) The rights and powers of this chapter vested in any county
	261	+	23 executive may not be exhausted by being exercised one (1) or more
	262	+	24 times, but are continuing rights and powers.
	263	+	25 (e) If there is a second or other subsequent exercise of power under
	264	+	26 this chapter by any county, it is not necessary for the county executive
	265	+	27 to adopt a declaratory resolution. Any county acting a second or
	266	+	28 subsequent time may proceed to carry out this chapter without any
	267	+	29 appropriation by the county fiscal body and without being required to
	268	+	30 comply with any other law relating to appropriations and budgets
	269	+	31 except for section 2 of this chapter.
	270	+	32 SECTION 7. IC 36-1-11-5, AS AMENDED BY P.L.28-2017,
	271	+	33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	272	+	34 JULY 1, 2024]: Sec. 5. (a) As used in this section, "abutting
	273	+	35 landowner" means an owner of property that:
	274	+	36 (1) touches, borders on, or is contiguous to the property that is the
	275	+	37 subject of sale; and
	276	+	38 (2) does not constitute a:
	277	+	39 (A) public easement; or
	278	+	40 (B) public right-of-way.
	279	+	41 (b) As used in this section, "offering price" means the appraised
	280	+	42 value of real property plus all costs associated with the sale, including:
	281	+	EH 1204—LS 6866/DI 154 7
	282	+	1 (1) appraisal fees;
	283	+	2 (2) title insurance;
	284	+	3 (3) recording fees; and
	285	+	4 (4) advertising costs.
	286	+	5 (c) The disposing agent may proceed under this section if either of
	287	+	6 the following applies:
	288	+	7 (1) The assessed value of a tract of real property to be sold is less
	289	+	8 than:
	290	+	9 (A) except as provided in clause (B) and subsection (i), fifteen
	291	+	10 thousand dollars ($15,000); or
	292	+	11 (B) an amount greater than fifteen thousand dollars ($15,000)
	293	+	12 that is specified in an ordinance or a resolution adopted by the
	294	+	13 fiscal body of the political subdivision under subsection (i);
	295	+	14 based on the most recent assessment of the tract or of the tract of
	296	+	15 which it was a part before it was acquired.
	297	+	16 (2) If the property has not been assessed and the property was
	298	+	17 previously part of a public right-of-way.
	299	+	18 (d) The disposing agent may determine that:
	300	+	19 (1) the highest and best use of the tract is sale to an abutting
	301	+	20 landowner;
	302	+	21 (2) the cost to the public of maintaining the tract equals or
	303	+	22 exceeds the estimated fair market value of the tract; or
	304	+	23 (3) it is economically unjustifiable to sell the tract under section
	305	+	24 4 of this chapter.
	306	+	25 (e) Within ten (10) days After the disposing agent makes a
	307	+	26 determination under subsection (d), the disposing agent shall publish
	308	+	27 a notice in accordance with IC 5-3-1 identifying the tracts intended for
	309	+	28 sale by legal description and, if possible, by key number and street
	310	+	29 address. The notice may be published solely on the political
	311	+	30 subdivision's official website (as defined in IC 5-3-5-2) in
	312	+	31 accordance with IC 5-3-5. The notice must also include the offering
	313	+	32 price, a deadline for receiving offers, and a statement that:
	314	+	33 (1) the property may not be sold to a person who is ineligible
	315	+	34 under section 16 of this chapter; and
	316	+	35 (2) an offer to purchase the property submitted by a trust (as
	317	+	36 defined in IC 30-4-1-1(a)) must identify each:
	318	+	37 (A) beneficiary of the trust; and
	319	+	38 (B) settlor empowered to revoke or modify the trust.
	320	+	39 At the time of publication of notice under this subsection, the disposing
	321	+	40 agent shall send notice by certified mail to all abutting landowners.
	322	+	41 This notice shall contain the same information as the published notice.
	323	+	42 (f) The disposing agent shall also have each tract appraised. The
	324	+	EH 1204—LS 6866/DI 154 8
	325	+	1 appraiser must be professionally engaged in making appraisals, a
	326	+	2 person licensed under IC 25-34.1, or an employee of the political
	327	+	3 subdivision who is familiar with the value of the tract. However, if the
	328	+	4 assessed value of a tract is less than six thousand dollars ($6,000), ten
	329	+	5 thousand dollars ($10,000), based on the most recent assessment of
	330	+	6 the tract or of the tract of which it was a part before it was acquired, the
	331	+	7 disposing agent is not required to have the tract appraised.
	332	+	8 (g) If, within ten (10) days after the date of publication of the notice
	333	+	9 under subsection (e), after the deadline for receiving offers as
	334	+	10 determined in the notice, the disposing agent receives an eligible offer
	335	+	11 to purchase a tract listed in the notice at or in excess of the offering
	336	+	12 price, the disposing agent shall conduct the negotiation and sale of the
	337	+	13 tract under section 4(c) 4(d) through 4(g) of this chapter to the highest
	338	+	14 and best qualified offeror.
	339	+	15 (h) Notwithstanding subsection (g), if within ten (10) days after the
	340	+	16 date of publication of the notice under subsection (e) after the
	341	+	17 deadline for receiving offers as determined in the notice, the
	342	+	18 disposing agent does not receive from any person other than an
	343	+	19 abutting landowner an eligible offer to purchase the tract at or in excess
	344	+	20 of the offering price, the disposing agent shall conduct the negotiation
	345	+	21 and sale of the tract as follows:
	346	+	22 (1) If only one (1) abutting landowner makes an eligible offer to
	347	+	23 purchase the tract, then subject to section 16 of this chapter and
	348	+	24 without further appraisal or notice, the disposing agent shall offer
	349	+	25 to negotiate for the sale of the tract with that abutting landowner.
	350	+	26 (2) If more than one (1) eligible abutting landowner submits an
	351	+	27 offer to purchase the tract, the other eligible abutting landowners
	352	+	28 who submit offers shall be informed of the highest offer received
	353	+	29 and be given an opportunity to submit one (1) additional offer.
	354	+	30 The tract shall be sold to the eligible abutting landowner who
	355	+	31 submits the highest offer for the tract and who complies with any
	356	+	32 requirement under subsection (e)(2).
	357	+	33 (3) If no eligible abutting landowner submits an offer to purchase
	358	+	34 the tract, the disposing agent may sell the tract to any person who
	359	+	35 submits the highest offer for the tract, except a person who is
	360	+	36 ineligible to purchase the tract under section 16 of this chapter.
	361	+	37 (i) The fiscal body of a political subdivision may adopt an ordinance
	362	+	38 (in the case of a county or municipality) or a resolution (in the case of
	363	+	39 any other political subdivision) to increase the threshold that applies
	364	+	40 under subsection (c)(1) to an amount greater than fifteen thousand
	365	+	41 dollars ($15,000).
	366	+	42 SECTION 8. IC 36-7-14-22.6, AS ADDED BY P.L.169-2006,
	367	+	EH 1204—LS 6866/DI 154 9
	368	+	1 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	369	+	2 JULY 1, 2024]: Sec. 22.6. (a) As used in this section, "abutting
	370	+	3 landowner" means an owner of property that:
	371	+	4 (1) touches, borders on, or is contiguous to the property that is the
	372	+	5 subject of sale; and
	373	+	6 (2) does not constitute a:
	374	+	7 (A) public easement; or
	375	+	8 (B) public right-of-way.
	376	+	9 (b) As used in this section, "offering price" means the appraised
	377	+	10 value of real property plus all costs associated with the sale, including:
	378	+	11 (1) appraisal fees;
	379	+	12 (2) title insurance;
	380	+	13 (3) recording fees; and
	381	+	14 (4) advertising costs.
	382	+	15 (c) If the assessed value of a tract of real property to be sold is less
	383	+	16 than fifteen thousand dollars ($15,000), based on the most recent
	384	+	17 assessment of the tract or of the tract of which it was a part before it
	385	+	18 was acquired, the commission may proceed under this section.
	386	+	19 (d) The commission may determine that:
	387	+	20 (1) the highest and best use of the tract is sale to an abutting
	388	+	21 landowner;
	389	+	22 (2) the cost to the public of maintaining the tract equals or
	390	+	23 exceeds the estimated fair market value of the tract; or
	391	+	24 (3) it is economically unjustifiable to sell the tract under section
	392	+	25 22 of this chapter.
	393	+	26 (e) Not more than ten (10) days After the commission makes a
	394	+	27 determination under subsection (d), the commission shall publish a
	395	+	28 notice in accordance with IC 5-3-1 identifying the tracts intended for
	396	+	29 sale by legal description and, if possible, by key number and street
	397	+	30 address. The notice may be published solely on the political
	398	+	31 subdivision's official website (as defined in IC 5-3-5-2) in
	399	+	32 accordance with IC 5-3-5. The notice must also include the offering
	400	+	33 price, a deadline for receiving offers, and a statement that:
	401	+	34 (1) the property may not be sold to a person who is ineligible
	402	+	35 under IC 36-1-11-16; and
	403	+	36 (2) an offer to purchase the property submitted by a trust (as
	404	+	37 defined in IC 30-4-1-1(a)) must identify each:
	405	+	38 (A) beneficiary of the trust; and
	406	+	39 (B) settlor empowered to revoke or modify the trust.
	407	+	40 At the time of publication of notice under this subsection, the
	408	+	41 commission shall send notice by certified mail to all abutting
	409	+	42 landowners. This notice shall contain the same information as the
	410	+	EH 1204—LS 6866/DI 154 10
	411	+	1 published notice.
	412	+	2 (f) The commission shall also have each tract appraised. The
	413	+	3 appraiser must be a person who is professionally engaged in making
	414	+	4 appraisals, a person licensed under IC 25-34.1, or an employee of the
	415	+	5 political subdivision who is familiar with the value of the tract.
	416	+	6 However, if the assessed value of a tract is less than six thousand
	417	+	7 dollars ($6,000), ten thousand dollars ($10,000), based on the most
	418	+	8 recent assessment of the tract or of the tract of which it was a part
	419	+	9 before it was acquired, the commission is not required to have the tract
	420	+	10 appraised.
	421	+	11 (g) If, not more than ten (10) days after the date of publication of the
	422	+	12 notice under subsection (e), after the deadline for receiving offers as
	423	+	13 determined in the notice, the commission receives one (1) or more
	424	+	14 eligible offers to purchase a tract listed in the notice at or in excess of
	425	+	15 the offering price, the commission shall conduct the negotiation and
	426	+	16 sale of the tract under section 22(f), 22(g), and 22(i) of this chapter to
	427	+	17 the highest and best qualified offeror.
	428	+	18 (h) Notwithstanding subsection (g), if not more than ten (10) days
	429	+	19 after the date of publication of the notice under subsection (e) after the
	430	+	20 deadline for receiving offers as determined in the notice, the
	431	+	21 commission does not receive from any person other than an abutting
	432	+	22 landowner an eligible offer to purchase the tract at or in excess of the
	433	+	23 offering price, the commission shall conduct the negotiation and sale
	434	+	24 of the tract as follows:
	435	+	25 (1) If only one (1) eligible abutting landowner makes an eligible
	436	+	26 offer to purchase the tract, then subject to IC 36-1-11-16 and
	437	+	27 without further appraisal or notice, the commission shall offer to
	438	+	28 negotiate for the sale of the tract with that abutting landowner.
	439	+	29 (2) If more than one (1) eligible abutting landowner submits an
	440	+	30 eligible offer to purchase the tract, the tract shall be sold to the
	441	+	31 eligible abutting landowner who submits the highest eligible offer
	442	+	32 for the tract and who complies with any requirement under
	443	+	33 subsection (e)(2).
	444	+	34 (3) If no eligible abutting landowner submits an eligible offer to
	445	+	35 purchase the tract, the commission may sell the tract to any
	446	+	36 person who submits the highest eligible offer for the tract, except
	447	+	37 a person who is ineligible to purchase the tract under
	448	+	38 IC 36-1-11-16.
	449	+	39 SECTION 9. IC 36-7-15.1-15.6, AS ADDED BY P.L.169-2006,
	450	+	40 SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	451	+	41 JULY 1, 2024]: Sec. 15.6. (a) As used in this section, "abutting
	452	+	42 landowner" means an owner of property that:
	453	+	EH 1204—LS 6866/DI 154 11
	454	+	1 (1) touches, borders on, or is contiguous to the property that is the
	455	+	2 subject of sale; and
	456	+	3 (2) does not constitute a:
	457	+	4 (A) public easement; or
	458	+	5 (B) public right-of-way.
	459	+	6 (b) As used in this section, "offering price" means the appraised
	460	+	7 value of real property plus all costs associated with the sale, including:
	461	+	8 (1) appraisal fees;
	462	+	9 (2) title insurance;
	463	+	10 (3) recording fees; and
	464	+	11 (4) advertising costs.
	465	+	12 (c) If the assessed value of a tract of real property to be sold is less
	466	+	13 than fifteen thousand dollars ($15,000), based on the most recent
	467	+	14 assessment of the tract or of the tract of which it was a part before it
	468	+	15 was acquired, the commission may proceed under this section.
	469	+	16 (d) The commission may determine that:
	470	+	17 (1) the highest and best use of the tract is sale to an abutting
	471	+	18 landowner;
	472	+	19 (2) the cost to the public of maintaining the tract equals or
	473	+	20 exceeds the estimated fair market value of the tract; or
	474	+	21 (3) it is economically unjustifiable to sell the tract under section
	475	+	22 15 of this chapter.
	476	+	23 (e) Not more than ten (10) days After the commission makes a
	477	+	24 determination under subsection (d), the commission shall publish a
	478	+	25 notice in accordance with IC 5-3-1 identifying the tracts intended for
	479	+	26 sale by legal description and, if possible, by key number and street
	480	+	27 address. The notice may be published solely on the political
	481	+	28 subdivision's official website (as defined in IC 5-3-5-2) in
	482	+	29 accordance with IC 5-3-5. The notice must also include the offering
	483	+	30 price, a deadline for receiving offers, and a statement that:
	484	+	31 (1) the property may not be sold to a person who is ineligible
	485	+	32 under IC 36-1-11-16; and
	486	+	33 (2) an offer to purchase the property submitted by a trust (as
	487	+	34 defined in IC 30-4-1-1(a)) must identify each:
	488	+	35 (A) beneficiary of the trust; and
	489	+	36 (B) settlor empowered to revoke or modify the trust.
	490	+	37 At the time of publication of notice under this subsection, the
	491	+	38 commission shall send notice by certified mail to all abutting
	492	+	39 landowners. This notice shall contain the same information as the
	493	+	40 published notice.
	494	+	41 (f) The commission shall also have each tract appraised. The
	495	+	42 appraiser must be a person who is professionally engaged in making
	496	+	EH 1204—LS 6866/DI 154 12
	497	+	1 appraisals, a person licensed under IC 25-34.1, or an employee of the
	498	+	2 political subdivision who is familiar with the value of the tract.
	499	+	3 However, if the assessed value of a tract is less than six thousand
	500	+	4 dollars ($6,000), ten thousand dollars ($10,000), based on the most
	501	+	5 recent assessment of the tract or of the tract of which it was a part
	502	+	6 before it was acquired, the commission is not required to have the tract
	503	+	7 appraised.
	504	+	8 (g) If, not more than ten (10) days after the date of publication of the
	505	+	9 notice under subsection (e), after the deadline for receiving offers as
	506	+	10 determined in the notice, the commission receives one (1) or more
	507	+	11 eligible offers to purchase a tract listed in the notice at or in excess of
	508	+	12 the offering price, the commission shall conduct the negotiation and
	509	+	13 sale of the tract under section 15(f), 15(g), and 15(i) of this chapter.
	510	+	14 (h) Notwithstanding subsection (g), if not more than ten (10) days
	511	+	15 after the date of publication of the notice under subsection (e) after the
	512	+	16 deadline for receiving offers as determined in the notice, the
	513	+	17 commission does not receive from any person other than an abutting
	514	+	18 landowner an eligible offer to purchase the tract at or in excess of the
	515	+	19 offering price, the commission shall conduct the negotiation and sale
	516	+	20 of the tract as follows:
	517	+	21 (1) If only one (1) eligible abutting landowner makes an eligible
	518	+	22 offer to purchase the tract, then subject to IC 36-1-11-16 and
	519	+	23 without further appraisal or notice, the commission shall offer to
	520	+	24 negotiate for the sale of the tract with that abutting landowner.
	521	+	25 (2) If more than one (1) eligible abutting landowner submits an
	522	+	26 eligible offer to purchase the tract, the tract shall be sold to the
	523	+	27 eligible abutting landowner who submits the highest eligible offer
	524	+	28 for the tract and who complies with any requirement under
	525	+	29 subsection (e)(2).
	526	+	30 (3) If no eligible abutting landowner submits an eligible offer to
	527	+	31 purchase the tract, the commission may sell the tract to any
	528	+	32 person who submits the highest eligible offer for the tract, except
	529	+	33 a person who is ineligible to purchase the tract under
	530	+	34 IC 36-1-11-16.
	531	+	EH 1204—LS 6866/DI 154 13
	532	+	COMMITTEE REPORT
	533	+	Mr. Speaker: Your Committee on Judiciary, to which was referred
	534	+	House Bill 1204, has had the same under consideration and begs leave
	535	+	to report the same back to the House with the recommendation that said
	536	+	bill be amended as follows:
	537	+	Page 1, between the enacting clause and line 1, begin a new
	538	+	paragraph and insert:
	539	+	"SECTION 1. IC 5-3-1-0.1 IS ADDED TO THE INDIANA CODE
15	540		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
16	541		1, 2024]: Sec. 0.1. As used in this chapter, "electronic edition"
17	542		means a new edition of a newspaper that is only published on a
18		-	newspaper's website and not published in a print edition.
19		-	SECTION 2. IC 5-3-1-1.5, AS AMENDED BY P.L.147-2016,
20		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21		-	JULY 1, 2024]: Sec. 1.5. (a) This section applies to a notice that must
22		-	be published in accordance with this chapter.
23		-	(b) If a newspaper or locality newspaper maintains an Internet web
24		-	site, a website, a notice that is published in the newspaper or locality
25		-	newspaper must also be posted on the web site website of the
26		-	newspaper or locality newspaper. The notice must appear on the web
27		-	site website on the same day the notice appears in the newspaper or
28		-	locality newspaper.
29		-	(c) The state board of accounts shall develop a standard form for
30		-	notices posted on a newspaper's or locality newspaper's Internet web
31		-	site. website.
32		-	(d) A newspaper or locality newspaper may not charge a fee for
33		-	posting a notice on the newspaper's or locality newspaper's Internet
34		-	web site website under this section.
35		-	SECTION 3. IC 5-3-1-1.6 IS ADDED TO THE INDIANA CODE
36		-	HEA 1204 — Concur 2
	543	+	newspaper's website and not published in a print edition.".
	544	+	Page 2, between lines 4 and 5, begin a new paragraph and insert:
	545	+	"(f) If a newspaper or locality newspaper publishes a print
	546	+	edition or an electronic edition of the newspaper less than three (3)
	547	+	times a week, a notice that must be published in accordance with
	548	+	this chapter may be published on the website of the newspaper or
	549	+	locality newspaper instead of being published in the newspaper or
	550	+	locality newspaper. If the newspaper or locality newspaper does
	551	+	not maintain a website, then a notice may be published on the
	552	+	website of the local unit of government instead of being published
	553	+	in the newspaper or locality newspaper.".
	554	+	Renumber all SECTIONS consecutively.
	555	+	and when so amended that said bill do pass.
	556	+	(Reference is to HB 1204 as introduced.)
	557	+	JETER
	558	+	Committee Vote: yeas 11, nays 0.
	559	+	_____
	560	+	COMMITTEE REPORT
	561	+	Madam President: The Senate Committee on Local Government, to
	562	+	which was referred House Bill No. 1204, has had the same under
	563	+	consideration and begs leave to report the same back to the Senate with
	564	+	the recommendation that said bill be AMENDED as follows:
	565	+	Page 2, delete lines 5 through 18, begin a new paragraph and insert:
	566	+	"SECTION 3. IC 5-3-1-1.6 IS ADDED TO THE INDIANA CODE
37	567		AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	568	+	EH 1204—LS 6866/DI 154 14
38	569		1, 2024]: Sec. 1.6. (a) This section applies to a notice published by
39	570		a political subdivision in a newspaper or locality newspaper under
40	571		section 4 of this chapter.
41	572		(b) This subsection applies if a newspaper or locality newspaper
42	573		publishes:
43	574		(1) a print edition not more than three (3) times a week; and
44	575		(2) an electronic edition.
45	576		A notice may be published in either the print edition or the
46	577		electronic edition.
47	578		(c) This subsection applies if a newspaper or locality newspaper:
48	579		(1) publishes a print edition not more than two (2) times a
49	580		week; and
50	581		(2) does not publish an electronic edition.
51	582		A notice may be published in either the print edition or on the
52	583		website of the newspaper or locality newspaper. If the newspaper
53	584		or locality newspaper does not maintain a website, a notice may be
54	585		published in either the print edition or on the political subdivision's
55	586		official website (as defined in IC 5-3-5-2) in accordance with
56	587		IC 5-3-5.
57	588		(d) A newspaper or locality newspaper may not:
58	589		(1) charge a person a fee for viewing or searching the website
59	590		or electronic edition for public notices; or
60	591		(2) require a person to register on the newspaper or locality
61	592		newspaper's website in order to view or search for public
62	593		notices on the website.
63	594		(e) The basic charge for publication of a notice in an electronic
64	595		edition shall be the same as the basic charge for publication of the
65	596		notice in the print edition in accordance with section 1 of this
66		-	chapter.
67		-	SECTION 4. IC 5-3-1-2, AS AMENDED BY P.L.152-2021,
68		-	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69		-	JULY 1, 2024]: Sec. 2. (a) This section applies only when notice of an
70		-	event is required to be given by publication in accordance with this
71		-	chapter.
72		-	(b) If the event is a public hearing or meeting concerning any matter
73		-	not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i),
74		-	notice shall be published one (1) time, at least ten (10) days before the
75		-	date of the hearing or meeting.
76		-	(c) If the event is an election, notice shall be published one (1) time,
77		-	not later than twenty-one (21) days before election day.
78		-	(d) If the event is a sale of bonds, notes, or warrants, notice shall be
79		-	HEA 1204 — Concur 3
80		-	published two (2) times, at least one (1) week apart, with:
81		-	(1) the first publication made at least fifteen (15) days before the
82		-	date of the sale; and
83		-	(2) the second publication made at least three (3) days before the
84		-	date of the sale.
85		-	(e) If the event is the receiving of bids, notice shall be published two
86		-	(2) times, at least one (1) week apart, with the second publication made
87		-	at least seven (7) days before the date the bids will be received.
88		-	(f) If the event is the establishment of a cumulative or sinking fund,
89		-	notice of the proposal and of the public hearing that is required to be
90		-	held by the political subdivision shall be published two (2) times, at
91		-	least one (1) week apart, with the second publication made at least
92		-	three (3) days before the date of the hearing.
93		-	(g) If the event is the submission of a proposal adopted by a political
94		-	subdivision for a cumulative or sinking fund for the approval of the
95		-	department of local government finance, the notice of the submission
96		-	shall be published one (1) time. The political subdivision shall publish
97		-	the notice when directed to do so by the department of local
98		-	government finance.
99		-	(h) If the event is the required publication of an ordinance, notice of
100		-	the passage of the ordinance shall be published one (1) time within
101		-	thirty (30) days after the passage of the ordinance.
102		-	(i) If the event is one about which notice is required to be published
103		-	after the event, notice shall be published one (1) time within thirty (30)
104		-	days after the date of the event.
105		-	(j) If the event is one about which notice is required under
106		-	IC 36-1-11-5(e), IC 36-7-14-22.6, or IC 36-7-15.1-15.6, notice shall
107		-	be published:
108		-	(1) one (1) time not more than ten (10) days after the date on
109		-	which the determination was made; and
110		-	(2) not less than ten (10) days before the date offers will be
111		-	received.
112		-	The notice under this subsection may be published solely on the
	597	+	chapter.".
	598	+	Page 3, between lines 20 and 21, begin a new line blocked left and
	599	+	insert:
	600	+	"The notice under this subsection may be published solely on the
113	601		political subdivision's official website (as defined in IC 5-3-5-2) in
114		-	accordance with IC 5-3-5.
115		-	(j) (k) If any officer charged with the duty of publishing any notice
116		-	required by law is unable to procure publication of notice:
117		-	(1) at the price fixed by law;
118		-	(2) because all newspapers or locality newspapers that are
119		-	qualified to publish the notice refuse to publish the notice; or
120		-	(3) because the newspapers or locality newspapers referred to in
121		-	subdivision (2) refuse to post the notice on the newspapers' or
122		-	HEA 1204 — Concur 4
123		-	locality newspapers' Internet web sites websites (if required under
124		-	section 1.5 of this chapter);
125		-	it is sufficient for the officer to post printed notices in three (3)
126		-	prominent places in the political subdivision, instead of publication of
127		-	the notice in newspapers or locality newspapers and on an Internet web
128		-	site a website (if required under section 1.5 of this chapter).
129		-	(k) (l) This subsection applies if an officer described in subsection
130		-	(j) (k) or the officer's designee submits a notice to a newspaper or
131		-	locality newspaper in a timely manner and the newspaper or locality
132		-	newspaper does not refuse to publish the notice but subsequently fails
133		-	to publish the notice. If, within the same period required for publishing
134		-	notice under this section, the officer or officer's designee posts:
135		-	(1) printed notices in three (3) prominent places in the political
136		-	subdivision; or
137		-	(2) notice on the political subdivision's Internet web site website
138		-	in a location where the notice is easily accessible and identifiable;
139		-	the notice is sufficient, and publication of the notice in newspapers or
140		-	locality newspapers and on the newspapers' Internet web sites websites
141		-	(if required under section 1.5 of this chapter) is not required.
142		-	(l) (m) A political subdivision that is required under this chapter to
143		-	publish notice in a newspaper two (2) or more times may make:
144		-	(1) the first publication of notice in a newspaper as required under
145		-	section 4 of this chapter or the applicable statute; and
146		-	(2) all subsequent publications of notice:
147		-	(A) in accordance with IC 5-3-5; and
148		-	(B) on the official web site website of the political
149		-	subdivision.
150		-	If a political subdivision is required to publish a notice two (2) or more
151		-	times in at least two (2) newspapers contemporaneously, the first
152		-	publication of the notice includes the first publication of the notice in
153		-	both newspapers.
154		-	SECTION 5. IC 6-1.1-23.5-10, AS AMENDED BY P.L.152-2021,
155		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
156		-	JULY 1, 2024]: Sec. 10. (a) After preparing the notice described under
157		-	section 9 of this chapter, the county treasurer shall do the following:
158		-	(1) Post a copy of the notice at a public place of posting in the
159		-	county courthouse or in another public county building at least
160		-	thirty (30) days before the earliest date on which the application
161		-	for judgment may be made.
162		-	(2) Publish the notice once in accordance with IC 5-3-1-4 at least
163		-	thirty (30) days before the earliest date on which the application
164		-	for judgment may be made. The expenses of this publication shall
165		-	HEA 1204 — Concur 5
166		-	be paid out of the county general fund without prior
167		-	appropriation.
168		-	(3) Publish a notice twice in accordance with IC 5-3-1-2(l)
169		-	IC 5-3-1-2(m) or IC 5-3-1-4 at the following times stating that the
170		-	complete listing of mobile homes eligible for sale at auction under
171		-	this chapter is available on the Internet web site website of the
172		-	county government or the county government's contractor:
173		-	(A) The first time at least seven (7) days after the publication
174		-	of the notice required under subdivision (2).
175		-	(B) The second time at least seven (7) days after the
176		-	publication of the notice required under clause (A).
177		-	(4) At least thirty (30) days before the earliest date on which the
178		-	application for judgment may be made, mail a copy of the notice
179		-	described under section 9 of this chapter by certified mail, return
180		-	receipt requested, to any party having a substantial property
181		-	interest of record.
182		-	(b) The notices mailed under this section are considered sufficient
183		-	notice of the intended application for judgment and of the sale of
184		-	mobile homes under the order of the court.
185		-	(c) For mobile homes that are not sold when initially offered for sale
186		-	under this chapter, the county treasurer may omit the descriptions of
187		-	the mobile homes specified in section 9(b)(1) and 9(b)(3) of this
188		-	chapter for those mobile homes when they are for sale at a subsequent
189		-	auction if:
190		-	(1) the county treasurer includes in the notice a statement that
191		-	descriptions of those mobile homes are available on the Internet
192		-	web site website of the county government or the county
193		-	government's contractor and the information may be obtained in
194		-	an alternative form from the county treasurer upon request; and
195		-	(2) the descriptions of those mobile homes eligible for sale a
196		-	second or subsequent time are made available on the Internet web
197		-	site website of the county government or the county government's
198		-	contractor and may be obtained from the county treasurer in an
199		-	alternative form upon request in accordance with section 11 of
200		-	this chapter.
201		-	SECTION 6. IC 10-18-2-19, AS AMENDED BY P.L.152-2021,
202		-	SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
203		-	JULY 1, 2024]: Sec. 19. (a) If a county executive desires to carry out
204		-	this chapter, the county executive must adopt a declaratory resolution
205		-	in substance as follows:
206		-	"Be it resolved, by the county executive of _______ County, that
207		-	said county should proceed alone, or jointly with the city of
208		-	HEA 1204 — Concur 6
209		-	_______ located in such county, to carry out the purposes of
210		-	IC 10-18-2.".
211		-	(b) The resolution shall be recorded in the proceedings of the county
212		-	executive. Notice of the adoption of the declaratory resolution shall be
213		-	given by the county executive by the publication of the resolution two
214		-	(2) times in full published at least a week apart in accordance with
215		-	IC 5-3-1-2(l) IC 5-3-1-2(m) or IC 5-3-1-4.
216		-	(c) The county executive may:
217		-	(1) appropriate money;
218		-	(2) make loans;
219		-	(3) issue bonds;
220		-	(4) levy taxes; and
221		-	(5) do everything that may be necessary to carry out this chapter.
222		-	If any bonds are issued under this chapter by a county and the bonds
223		-	have to be refunded, it is not necessary for the county executive to
224		-	adopt a declaratory resolution.
225		-	(d) The rights and powers of this chapter vested in any county
226		-	executive may not be exhausted by being exercised one (1) or more
227		-	times, but are continuing rights and powers.
228		-	(e) If there is a second or other subsequent exercise of power under
229		-	this chapter by any county, it is not necessary for the county executive
230		-	to adopt a declaratory resolution. Any county acting a second or
231		-	subsequent time may proceed to carry out this chapter without any
232		-	appropriation by the county fiscal body and without being required to
233		-	comply with any other law relating to appropriations and budgets
234		-	except for section 2 of this chapter.
235		-	SECTION 7. IC 36-1-11-5, AS AMENDED BY P.L.28-2017,
236		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
237		-	JULY 1, 2024]: Sec. 5. (a) As used in this section, "abutting
238		-	landowner" means an owner of property that:
239		-	(1) touches, borders on, or is contiguous to the property that is the
240		-	subject of sale; and
241		-	(2) does not constitute a:
242		-	(A) public easement; or
243		-	(B) public right-of-way.
244		-	(b) As used in this section, "offering price" means the appraised
245		-	value of real property plus all costs associated with the sale, including:
246		-	(1) appraisal fees;
247		-	(2) title insurance;
248		-	(3) recording fees; and
249		-	(4) advertising costs.
250		-	(c) The disposing agent may proceed under this section if either of
251		-	HEA 1204 — Concur 7
252		-	the following applies:
253		-	(1) The assessed value of a tract of real property to be sold is less
254		-	than:
255		-	(A) except as provided in clause (B) and subsection (i), fifteen
256		-	thousand dollars ($15,000); or
257		-	(B) an amount greater than fifteen thousand dollars ($15,000)
258		-	that is specified in an ordinance or a resolution adopted by the
259		-	fiscal body of the political subdivision under subsection (i);
260		-	based on the most recent assessment of the tract or of the tract of
261		-	which it was a part before it was acquired.
262		-	(2) If the property has not been assessed and the property was
263		-	previously part of a public right-of-way.
264		-	(d) The disposing agent may determine that:
265		-	(1) the highest and best use of the tract is sale to an abutting
266		-	landowner;
267		-	(2) the cost to the public of maintaining the tract equals or
268		-	exceeds the estimated fair market value of the tract; or
269		-	(3) it is economically unjustifiable to sell the tract under section
270		-	4 of this chapter.
271		-	(e) Within ten (10) days After the disposing agent makes a
272		-	determination under subsection (d), the disposing agent shall publish
273		-	a notice in accordance with IC 5-3-1 identifying the tracts intended for
274		-	sale by legal description and, if possible, by key number and street
275		-	address. The notice may be published solely on the political
276		-	subdivision's official website (as defined in IC 5-3-5-2) in
277		-	accordance with IC 5-3-5. The notice must also include the offering
278		-	price, a deadline for receiving offers, and a statement that:
279		-	(1) the property may not be sold to a person who is ineligible
280		-	under section 16 of this chapter; and
281		-	(2) an offer to purchase the property submitted by a trust (as
282		-	defined in IC 30-4-1-1(a)) must identify each:
283		-	(A) beneficiary of the trust; and
284		-	(B) settlor empowered to revoke or modify the trust.
285		-	At the time of publication of notice under this subsection, the disposing
286		-	agent shall send notice by certified mail to all abutting landowners.
287		-	This notice shall contain the same information as the published notice.
288		-	(f) The disposing agent shall also have each tract appraised. The
289		-	appraiser must be professionally engaged in making appraisals, a
290		-	person licensed under IC 25-34.1, or an employee of the political
291		-	subdivision who is familiar with the value of the tract. However, if the
292		-	assessed value of a tract is less than six thousand dollars ($6,000), ten
293		-	thousand dollars ($10,000), based on the most recent assessment of
294		-	HEA 1204 — Concur 8
295		-	the tract or of the tract of which it was a part before it was acquired, the
296		-	disposing agent is not required to have the tract appraised.
297		-	(g) If, within ten (10) days after the date of publication of the notice
298		-	under subsection (e), after the deadline for receiving offers as
299		-	determined in the notice, the disposing agent receives an eligible offer
300		-	to purchase a tract listed in the notice at or in excess of the offering
301		-	price, the disposing agent shall conduct the negotiation and sale of the
302		-	tract under section 4(c) 4(d) through 4(g) of this chapter to the highest
303		-	and best qualified offeror.
304		-	(h) Notwithstanding subsection (g), if within ten (10) days after the
305		-	date of publication of the notice under subsection (e) after the
306		-	deadline for receiving offers as determined in the notice, the
307		-	disposing agent does not receive from any person other than an
308		-	abutting landowner an eligible offer to purchase the tract at or in excess
309		-	of the offering price, the disposing agent shall conduct the negotiation
310		-	and sale of the tract as follows:
311		-	(1) If only one (1) abutting landowner makes an eligible offer to
312		-	purchase the tract, then subject to section 16 of this chapter and
313		-	without further appraisal or notice, the disposing agent shall offer
314		-	to negotiate for the sale of the tract with that abutting landowner.
315		-	(2) If more than one (1) eligible abutting landowner submits an
316		-	offer to purchase the tract, the other eligible abutting landowners
317		-	who submit offers shall be informed of the highest offer received
318		-	and be given an opportunity to submit one (1) additional offer.
319		-	The tract shall be sold to the eligible abutting landowner who
320		-	submits the highest offer for the tract and who complies with any
321		-	requirement under subsection (e)(2).
322		-	(3) If no eligible abutting landowner submits an offer to purchase
323		-	the tract, the disposing agent may sell the tract to any person who
324		-	submits the highest offer for the tract, except a person who is
325		-	ineligible to purchase the tract under section 16 of this chapter.
326		-	(i) The fiscal body of a political subdivision may adopt an ordinance
327		-	(in the case of a county or municipality) or a resolution (in the case of
328		-	any other political subdivision) to increase the threshold that applies
329		-	under subsection (c)(1) to an amount greater than fifteen thousand
330		-	dollars ($15,000).
331		-	SECTION 8. IC 36-7-14-22.6, AS ADDED BY P.L.169-2006,
332		-	SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
333		-	JULY 1, 2024]: Sec. 22.6. (a) As used in this section, "abutting
334		-	landowner" means an owner of property that:
335		-	(1) touches, borders on, or is contiguous to the property that is the
336		-	subject of sale; and
337		-	HEA 1204 — Concur 9
338		-	(2) does not constitute a:
339		-	(A) public easement; or
340		-	(B) public right-of-way.
341		-	(b) As used in this section, "offering price" means the appraised
342		-	value of real property plus all costs associated with the sale, including:
343		-	(1) appraisal fees;
344		-	(2) title insurance;
345		-	(3) recording fees; and
346		-	(4) advertising costs.
347		-	(c) If the assessed value of a tract of real property to be sold is less
348		-	than fifteen thousand dollars ($15,000), based on the most recent
349		-	assessment of the tract or of the tract of which it was a part before it
350		-	was acquired, the commission may proceed under this section.
351		-	(d) The commission may determine that:
352		-	(1) the highest and best use of the tract is sale to an abutting
353		-	landowner;
354		-	(2) the cost to the public of maintaining the tract equals or
355		-	exceeds the estimated fair market value of the tract; or
356		-	(3) it is economically unjustifiable to sell the tract under section
357		-	22 of this chapter.
358		-	(e) Not more than ten (10) days After the commission makes a
359		-	determination under subsection (d), the commission shall publish a
360		-	notice in accordance with IC 5-3-1 identifying the tracts intended for
361		-	sale by legal description and, if possible, by key number and street
362		-	address. The notice may be published solely on the political
363		-	subdivision's official website (as defined in IC 5-3-5-2) in
364		-	accordance with IC 5-3-5. The notice must also include the offering
365		-	price, a deadline for receiving offers, and a statement that:
366		-	(1) the property may not be sold to a person who is ineligible
367		-	under IC 36-1-11-16; and
368		-	(2) an offer to purchase the property submitted by a trust (as
369		-	defined in IC 30-4-1-1(a)) must identify each:
370		-	(A) beneficiary of the trust; and
371		-	(B) settlor empowered to revoke or modify the trust.
372		-	At the time of publication of notice under this subsection, the
373		-	commission shall send notice by certified mail to all abutting
374		-	landowners. This notice shall contain the same information as the
375		-	published notice.
376		-	(f) The commission shall also have each tract appraised. The
377		-	appraiser must be a person who is professionally engaged in making
378		-	appraisals, a person licensed under IC 25-34.1, or an employee of the
379		-	political subdivision who is familiar with the value of the tract.
380		-	HEA 1204 — Concur 10
381		-	However, if the assessed value of a tract is less than six thousand
382		-	dollars ($6,000), ten thousand dollars ($10,000), based on the most
383		-	recent assessment of the tract or of the tract of which it was a part
384		-	before it was acquired, the commission is not required to have the tract
385		-	appraised.
386		-	(g) If, not more than ten (10) days after the date of publication of the
387		-	notice under subsection (e), after the deadline for receiving offers as
388		-	determined in the notice, the commission receives one (1) or more
389		-	eligible offers to purchase a tract listed in the notice at or in excess of
390		-	the offering price, the commission shall conduct the negotiation and
391		-	sale of the tract under section 22(f), 22(g), and 22(i) of this chapter to
392		-	the highest and best qualified offeror.
393		-	(h) Notwithstanding subsection (g), if not more than ten (10) days
394		-	after the date of publication of the notice under subsection (e) after the
395		-	deadline for receiving offers as determined in the notice, the
396		-	commission does not receive from any person other than an abutting
397		-	landowner an eligible offer to purchase the tract at or in excess of the
398		-	offering price, the commission shall conduct the negotiation and sale
399		-	of the tract as follows:
400		-	(1) If only one (1) eligible abutting landowner makes an eligible
401		-	offer to purchase the tract, then subject to IC 36-1-11-16 and
402		-	without further appraisal or notice, the commission shall offer to
403		-	negotiate for the sale of the tract with that abutting landowner.
404		-	(2) If more than one (1) eligible abutting landowner submits an
405		-	eligible offer to purchase the tract, the tract shall be sold to the
406		-	eligible abutting landowner who submits the highest eligible offer
407		-	for the tract and who complies with any requirement under
408		-	subsection (e)(2).
409		-	(3) If no eligible abutting landowner submits an eligible offer to
410		-	purchase the tract, the commission may sell the tract to any
411		-	person who submits the highest eligible offer for the tract, except
412		-	a person who is ineligible to purchase the tract under
413		-	IC 36-1-11-16.
414		-	SECTION 9. IC 36-7-15.1-15.6, AS ADDED BY P.L.169-2006,
415		-	SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
416		-	JULY 1, 2024]: Sec. 15.6. (a) As used in this section, "abutting
417		-	landowner" means an owner of property that:
418		-	(1) touches, borders on, or is contiguous to the property that is the
419		-	subject of sale; and
420		-	(2) does not constitute a:
421		-	(A) public easement; or
422		-	(B) public right-of-way.
423		-	HEA 1204 — Concur 11
424		-	(b) As used in this section, "offering price" means the appraised
425		-	value of real property plus all costs associated with the sale, including:
426		-	(1) appraisal fees;
427		-	(2) title insurance;
428		-	(3) recording fees; and
429		-	(4) advertising costs.
430		-	(c) If the assessed value of a tract of real property to be sold is less
431		-	than fifteen thousand dollars ($15,000), based on the most recent
432		-	assessment of the tract or of the tract of which it was a part before it
433		-	was acquired, the commission may proceed under this section.
434		-	(d) The commission may determine that:
435		-	(1) the highest and best use of the tract is sale to an abutting
436		-	landowner;
437		-	(2) the cost to the public of maintaining the tract equals or
438		-	exceeds the estimated fair market value of the tract; or
439		-	(3) it is economically unjustifiable to sell the tract under section
440		-	15 of this chapter.
441		-	(e) Not more than ten (10) days After the commission makes a
442		-	determination under subsection (d), the commission shall publish a
443		-	notice in accordance with IC 5-3-1 identifying the tracts intended for
444		-	sale by legal description and, if possible, by key number and street
445		-	address. The notice may be published solely on the political
446		-	subdivision's official website (as defined in IC 5-3-5-2) in
447		-	accordance with IC 5-3-5. The notice must also include the offering
448		-	price, a deadline for receiving offers, and a statement that:
449		-	(1) the property may not be sold to a person who is ineligible
450		-	under IC 36-1-11-16; and
451		-	(2) an offer to purchase the property submitted by a trust (as
452		-	defined in IC 30-4-1-1(a)) must identify each:
453		-	(A) beneficiary of the trust; and
454		-	(B) settlor empowered to revoke or modify the trust.
455		-	At the time of publication of notice under this subsection, the
456		-	commission shall send notice by certified mail to all abutting
457		-	landowners. This notice shall contain the same information as the
458		-	published notice.
459		-	(f) The commission shall also have each tract appraised. The
460		-	appraiser must be a person who is professionally engaged in making
461		-	appraisals, a person licensed under IC 25-34.1, or an employee of the
462		-	political subdivision who is familiar with the value of the tract.
463		-	However, if the assessed value of a tract is less than six thousand
464		-	dollars ($6,000), ten thousand dollars ($10,000), based on the most
465		-	recent assessment of the tract or of the tract of which it was a part
466		-	HEA 1204 — Concur 12
467		-	before it was acquired, the commission is not required to have the tract
468		-	appraised.
469		-	(g) If, not more than ten (10) days after the date of publication of the
470		-	notice under subsection (e), after the deadline for receiving offers as
471		-	determined in the notice, the commission receives one (1) or more
472		-	eligible offers to purchase a tract listed in the notice at or in excess of
473		-	the offering price, the commission shall conduct the negotiation and
474		-	sale of the tract under section 15(f), 15(g), and 15(i) of this chapter.
475		-	(h) Notwithstanding subsection (g), if not more than ten (10) days
476		-	after the date of publication of the notice under subsection (e) after the
477		-	deadline for receiving offers as determined in the notice, the
478		-	commission does not receive from any person other than an abutting
479		-	landowner an eligible offer to purchase the tract at or in excess of the
480		-	offering price, the commission shall conduct the negotiation and sale
481		-	of the tract as follows:
482		-	(1) If only one (1) eligible abutting landowner makes an eligible
483		-	offer to purchase the tract, then subject to IC 36-1-11-16 and
484		-	without further appraisal or notice, the commission shall offer to
485		-	negotiate for the sale of the tract with that abutting landowner.
486		-	(2) If more than one (1) eligible abutting landowner submits an
487		-	eligible offer to purchase the tract, the tract shall be sold to the
488		-	eligible abutting landowner who submits the highest eligible offer
489		-	for the tract and who complies with any requirement under
490		-	subsection (e)(2).
491		-	(3) If no eligible abutting landowner submits an eligible offer to
492		-	purchase the tract, the commission may sell the tract to any
493		-	person who submits the highest eligible offer for the tract, except
494		-	a person who is ineligible to purchase the tract under
495		-	IC 36-1-11-16.
496		-	HEA 1204 — Concur Speaker of the House of Representatives
497		-	President of the Senate
498		-	President Pro Tempore
499		-	Governor of the State of Indiana
500		-	Date: Time:
501		-	HEA 1204 — Concur
	602	+	accordance with IC 5-3-5.".
	603	+	Page 7, line 9, after "address." insert "The notice may be published
	604	+	solely on the political subdivision's official website (as defined in
	605	+	IC 5-3-5-2) in accordance with IC 5-3-5.".
	606	+	Page 9, line 8, after "address." insert "The notice may be published
	607	+	solely on the political subdivision's official website (as defined in
	608	+	IC 5-3-5-2) in accordance with IC 5-3-5.".
	609	+	Page 11, line 3, after "address." insert "The notice may be
	610	+	published solely on the political subdivision's official website (as
	611	+	EH 1204—LS 6866/DI 154 15
	612	+	defined in IC 5-3-5-2) in accordance with IC 5-3-5.".
	613	+	Renumber all SECTIONS consecutively.
	614	+	and when so amended that said bill do pass.
	615	+	(Reference is to HB 1204 as printed January 25, 2024.)
	616	+	BUCK, Chairperson
	617	+	Committee Vote: Yeas 10, Nays 0.
	618	+	EH 1204—LS 6866/DI 154