Indiana 2024 Regular Session

Indiana Senate Bill SB0268 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 268
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-24-4.5-12.
7	7	Synopsis: Eminent domain for nonpublic use. Allows a municipality
8	8	to acquire a parcel of real property by eminent domain for transfer to
9	9	a private person for a nonpublic use if certain criteria are satisfied,
10	10	including nonpayment of property taxes.
11	11	Effective: July 1, 2024.
12	12	Vinzant
13	13	January 16, 2024, read first time and referred to Committee on Local Government.
14	14	2024 IN 268—LS 6929/DI 87 Introduced
15	15	Second Regular Session of the 123rd General Assembly (2024)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2023 Regular Session of the General Assembly.
25	25	SENATE BILL No. 268
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	property.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 32-24-4.5-12 IS ADDED TO THE INDIANA
30	30	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
31	31	3 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) Sections 7 and 8 of this
32	32	4 chapter do not apply to an eminent domain proceeding under this
33	33	5 section.
34	34	6 (b) A municipality may acquire by eminent domain a parcel of
35	35	7 real property that is located within the municipality, if:
36	36	8 (1) the requirements of subsections (c) and (d) are satisfied;
37	37	9 and
38	38	10 (2) the parcel meets all of the following criteria:
39	39	11 (A) Real estate taxes were not paid for:
40	40	12 (i) two (2) or more years and the property is on the
41	41	13 delinquent tax list prepared under IC 6-1.1-24-1; or
42	42	14 (ii) any two (2) year period within the four (4) calendar
43	43	15 years preceding the commencement of the eminent
44	44	16 domain proceedings.
45	45	17 (B) No appeal:
46	46	2024 IN 268—LS 6929/DI 87 2
47	47	1 (i) of any property tax assessment notice that was
48	48	2 received during the two (2) years preceding the eminent
49	49	3 domain proceeding has been filed; or
50	50	4 (ii) was filed during the two (2) years before the
51	51	5 beginning of the two (2) year period preceding the
52	52	6 commencement of the eminent domain proceedings.
53	53	7 (C) No appeal of any change in any property assessment
54	54	8 filed in the last two (2) years has been filed.
55	55	9 (D) No application for a permit to construct improvements
56	56	10 or to improve the property has been filed with the county
57	57	11 or municipality (as applicable) within:
58	58	12 (i) the last two (2) years; or
59	59	13 (ii) the two (2) years before the beginning of the two (2)
60	60	14 year period preceding the commencement of the eminent
61	61	15 domain proceeding.
62	62	16 (E) No statutory agreement with the county treasurer to
63	63	17 pay the amount due over time in accordance with
64	64	18 IC 6-1.1-24-1.2:
65	65	19 (i) is in effect; or
66	66	20 (ii) was in effect during the two (2) year period preceding
67	67	21 the two (2) year period preceding commencement of the
68	68	22 eminent domain proceedings.
69	69	23 (F) There:
70	70	24 (i) is no improvement on the parcel occupied by the
71	71	25 owner or another person; or
72	72	26 (ii) was no improvement on the parcel occupied by the
73	73	27 owner or another person before the one (1) year period
74	74	28 preceding the commencement of the eminent domain
75	75	29 proceeding.
76	76	30 (c) The redevelopment commission of the municipality must
77	77	31 adopt a resolution:
78	78	32 (1) finding that the private ownership of the parcel creates a
79	79	33 severe impediment to the redevelopment and economic goals
80	80	34 of the municipality; and
81	81	35 (2) recommending the acquisition of the parcel by eminent
82	82	36 domain in order to redevelop the property consistent with the
83	83	37 municipality's goals.
84	84	38 (d) After receiving the resolution of the municipal
85	85	39 redevelopment commission under subsection (c), the municipal
86	86	40 legislative body must adopt a resolution authorizing the exercise of
87	87	41 eminent domain to acquire the parcel.
88	88	42 (e) A determination concerning whether the criteria set forth in
89	89	2024 IN 268—LS 6929/DI 87 3
90	90	1 subsection (b) or any other requirement of this section has been
91	91	2 met is subject to judicial review in an eminent domain proceeding
92	92	3 concerning the parcel of real property. If a court determines that
93	93	4 an eminent domain proceeding brought under this chapter is
94	94	5 unauthorized because the municipality did not meet the conditions
95	95	6 described in this section, the court shall order the municipality to
96	96	7 reimburse the owner for the owner's reasonable attorney's fees
97	97	8 that the court finds were necessary to defend the action.
98	98	9 (f) A municipality that acquires a parcel of real property by
99	99	10 eminent domain under this section shall compensate the owner of
100	100	11 the parcel in accordance with IC 32-24-1.
101	101	12 (g) The certified list prepared under IC 6-1.1-25-4.9(e) shall be
102	102	13 made available to the municipality's executive that submits a
103	103	14 written request for the certified list as provided in
104	104	15 IC 6-1.1-25-4.9(f).
105	105	2024 IN 268—LS 6929/DI 87