Indiana 2025 Regular Session

Indiana House Bill HB1265 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~HB1265.1~~
2		-	~~January 27, 2025~~
	1	+
	2	+	Introduced Version
3	3		HOUSE BILL No. 1265
4	4		_____
5		-	DIGEST OF ~~HB 1265 (Updated January 23, 2025 9:32 am - DI 148)~~
6		-	Citations Affected: IC 6-1.1; IC 15-11; IC 32-24.
	5	+	DIGEST OF INTRODUCED BILL
	6	+	Citations Affected: IC 6-1.1-5.5; IC 15-11-16; IC 32-24.
7	7		Synopsis: Condemnation of Hoosier homestead property. Establishes
8	8		the Hoosier homestead program administered by the Indiana state
9	9		department of agriculture to commemorate and maintain a registry of
10	10		farms owned by the same family for at least 100 years. Provides that if
11	11		a condemnation action involves the taking of a fee simple interest in a
12	12		Hoosier homestead: (1) the property owner is entitled to testify at a
13	13		hearing conducted by the appropriate municipal or county legislative
14	14		body; and (2) the legislative body must approve the condemnation for
15		-	the condemnation to proceed. Provides that only the portion of a farm
16		-	that satisfies the familial ownership and other requirements receives
17		-	the Hoosier homestead designation and is subject to the provisions
18		-	regarding eminent domain. Requires all property taxes to be paid up to
19		-	date to be registered as a Hoosier homestead property or to renew
20		-	registration as a Hoosier homestead property.
	15	+	the condemnation to proceed.
21	16		Effective: July 1, 2025.
22		-	Greene, Culp~~, Criswell, Baird~~
	17	+	Greene, Culp
23	18		January 9, 2025, read first time and referred to Committee on Agriculture and Rural
24	19		Development.
25		-	January 27, 2025, amended, reported — Do Pass.
26		-	HB 1265—LS 7157/DI 87 January 27, 2025
	20	+	2025 IN 1265—LS 7157/DI 87 Introduced
27	21		First Regular Session of the 124th General Assembly (2025)
28	22		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	23		Constitution) is being amended, the text of the existing provision will appear in this style type,
30	24		additions will appear in this style type, and deletions will appear in this style type.
31	25		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	26		provision adopted), the text of the new provision will appear in this style type. Also, the
33	27		word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	28		a new provision to the Indiana Code or the Indiana Constitution.
35	29		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	30		between statutes enacted by the 2024 Regular Session of the General Assembly.
37	31		HOUSE BILL No. 1265
38	32		A BILL FOR AN ACT to amend the Indiana Code concerning
39	33		property.
40	34		Be it enacted by the General Assembly of the State of Indiana:
41	35		1 SECTION 1. IC 6-1.1-5.5-3, AS AMENDED BY P.L.26-2022,
42	36		2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
43	37		3 JULY 1, 2025]: Sec. 3. (a) For purposes of this section, "party"
44	38		4 includes:
45	39		5 (1) a seller of property that is exempt under the seller's ownership;
46	40		6 or
47	41		7 (2) a purchaser of property that is exempt under the purchaser's
48	42		8 ownership;
49	43		9 from property taxes under IC 6-1.1-10.
50	44		10 (b) Subject to subsections (g) and (h), (h) and (i), before filing a
51	45		11 conveyance document with the county auditor under IC 6-1.1-5-4, all
52	46		12 the parties to the conveyance must do the following:
53	47		13 (1) Complete and sign a sales disclosure form as prescribed by the
54	48		14 department of local government finance under section 5 of this
55	49		15 chapter. All the parties may sign one (1) form, or if all the parties
56	50		16 do not agree on the information to be included on the completed
57	51		17 form, each party may sign and file a separate form. For
58		-	HB 1265—LS 7157/DI 87 2
	52	+	2025 IN 1265—LS 7157/DI 87 2
59	53		1 conveyance transactions involving more than two (2) parties, one
60	54		2 (1) transferor and one (1) transferee signing the sales disclosure
61	55		3 form is sufficient.
62	56		4 (2) Before filing a sales disclosure form with the county auditor,
63	57		5 submit the sales disclosure form to the county assessor. The
64	58		6 county assessor must review the accuracy and completeness of
65	59		7 each sales disclosure form submitted immediately upon receipt of
66	60		8 the form and, if the form is accurate and complete, stamp or
67	61		9 otherwise approve the form as eligible for filing with the county
68	62		10 auditor and return the form to the appropriate party for filing with
69	63		11 the county auditor. If multiple forms are filed in a short period,
70	64		12 the county assessor shall process the forms as quickly as possible.
71	65		13 For purposes of this subdivision, a sales disclosure form is
72	66		14 considered to be accurate and complete if:
73	67		15 (A) the county assessor does not have substantial evidence
74	68		16 when the form is reviewed under this subdivision that
75	69		17 information in the form is inaccurate; and
76	70		18 (B) both of the following conditions are satisfied:
77	71		19 (i) The form contains the information required by section
78	72		20 5(a)(1) through 5(a)(16) 5(a)(17) of this chapter as that
79	73		21 section applies to the conveyance transaction, subject to the
80	74		22 obligation of a party to furnish or correct that information in
81	75		23 the manner required by and subject to the penalty provisions
82	76		24 of section 12 of this chapter. The form may not be rejected
83	77		25 for failure to contain information other than that required by
84	78		26 section 5(a)(1) through 5(a)(16) 5(a)(17) of this chapter.
85	79		27 (ii) The form is submitted to the county assessor in a format
86	80		28 usable to the county assessor.
87	81		29 (3) File the sales disclosure form with the county auditor.
88	82		30 (4) After December 31, 2023, a county assessor or county auditor
89	83		31 may not refuse to accept a sales disclosure form for filing because
90	84		32 the sales disclosure form is an electronic document.
91	85		33 (c) The auditor shall review each sales disclosure form and process
92	86		34 any deduction for which the form serves as an application under
93	87		35 IC 6-1.1-12-44. The auditor shall forward each sales disclosure form
94	88		36 to the county assessor. The county assessor shall verify the assessed
95	89		37 valuation of the property for the assessment date to which the
96	90		38 application applies and transmit that assessed valuation to the auditor.
97	91		39 The county assessor shall retain the forms for five (5) years. The county
98	92		40 assessor shall forward the sales disclosure form data to the department
99	93		41 of local government finance in an electronic format specified by the
100	94		42 department of local government finance on or before April 1 in a year
101		-	HB 1265—LS 7157/DI 87 3
	95	+	2025 IN 1265—LS 7157/DI 87 3
102	96		1 ending before January 1, 2016, and on or before February 1 in a year
103	97		2 beginning after December 31, 2015. The county assessor shall forward
104	98		3 a copy of the sales disclosure forms to the township assessors in the
105	99		4 county. The department of local government finance shall make sales
106	100		5 disclosure form data received from a county assessor available to the
107	101		6 legislative services agency. The forms may be used by the county
108	102		7 assessing officials, the department of local government finance, and the
109	103		8 legislative services agency for the purposes established in
110	104		9 IC 6-1.1-4-13.6, sales ratio studies, equalization, adoption of rules
111	105		10 under IC 6-1.1-31-3 and IC 6-1.1-31-6, and any other authorized
112	106		11 purpose.
113	107		12 (d) In a county containing a consolidated city, the auditor shall
114	108		13 review each sales disclosure form and process any deduction for which
115	109		14 the form serves as an application under IC 6-1.1-12-44. The auditor
116	110		15 shall forward the sales disclosure form to the appropriate township
117	111		16 assessor (if any). The township assessor shall verify the assessed
118	112		17 valuation of the property for the assessment date to which the
119	113		18 application applies and transmit that assessed valuation to the auditor.
120	114		19 The township or county assessor shall forward the sales disclosure form
121	115		20 to the department of local government finance in an electronic format
122	116		21 specified by the department of local government finance. The
123	117		22 department of local government finance shall make sales disclosure
124	118		23 form data received from a township or county assessor available to the
125	119		24 legislative services agency. The forms may be used by the county
126	120		25 assessing officials, the county auditor, the department of local
127	121		26 government finance, and the legislative services agency for the
128	122		27 purposes established in IC 6-1.1-4-13.6, sales ratio studies,
129	123		28 equalization, adoption of rules under IC 6-1.1-31-3 and IC 6-1.1-31-6,
130	124		29 and any other authorized purpose.
131	125		30 (e) This subsection applies if a sales disclosure form indicates
132	126		31 that the conveyance involves property that is registered under
133	127		32 IC 15-11-16 as a Hoosier homestead. The county assessor or
134	128		33 township assessor (if any) shall forward the sales disclosure form
135	129		34 to the Indiana state department of agriculture not later than ten
136	130		35 (10) days after receipt of the form. The Indiana state department
137	131		36 of agriculture may use the forms to maintain the information in the
138	132		37 Hoosier homestead registry.
139	133		38 (e) (f) If a sales disclosure form includes the telephone number or
140	134		39 Social Security number of a party, the telephone number or Social
141	135		40 Security number is confidential.
142	136		41 (f) (g) County assessing officials, county auditors, and other local
143	137		42 officials may not establish procedures or requirements concerning sales
144		-	HB 1265—LS 7157/DI 87 4
	138	+	2025 IN 1265—LS 7157/DI 87 4
145	139		1 disclosure forms that substantially differ from the procedures and
146	140		2 requirements of this chapter.
147	141		3 (g) (h) Except as provided in subsection (h), (i), a separate sales
148	142		4 disclosure form is required for each parcel conveyed, regardless of
149	143		5 whether more than one (1) parcel is conveyed under a single
150	144		6 conveyance document.
151	145		7 (h) (i) Only one (1) sales disclosure form is required for the
152	146		8 conveyance under a single conveyance document of two (2) or more
153	147		9 contiguous parcels located entirely within a single taxing district.
154	148		10 SECTION 2. IC 6-1.1-5.5-5, AS AMENDED BY P.L.192-2021,
155	149		11 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
156	150		12 JULY 1, 2025]: Sec. 5. (a) The department of local government finance
157	151		13 shall prescribe a sales disclosure form for use under this chapter. The
158	152		14 form prescribed by the department of local government finance must
159	153		15 include at least the following information:
160	154		16 (1) The key number (as defined in IC 6-1.1-1-8.5) of each parcel.
161	155		17 (2) With respect to each parcel, whether the entire parcel is being
162	156		18 conveyed.
163	157		19 (3) The address of each improved parcel.
164	158		20 (4) The date of the execution of the form.
165	159		21 (5) The date the property was transferred.
166	160		22 (6) Whether the transfer includes an interest in land or
167	161		23 improvements, or both.
168	162		24 (7) Whether the transfer includes personal property.
169	163		25 (8) An estimate of the value of any personal property included in
170	164		26 the transfer.
171	165		27 (9) The name, address, and telephone number of:
172	166		28 (A) each transferor and transferee; and
173	167		29 (B) the person that prepared the form.
174	168		30 (10) The mailing address to which the property tax bills or other
175	169		31 official correspondence should be sent.
176	170		32 (11) The ownership interest transferred.
177	171		33 (12) The classification of the property (as residential, commercial,
178	172		34 industrial, agricultural, vacant land, or other).
179	173		35 (13) Subject to subsection (c), the total price actually paid or
180	174		36 required to be paid in exchange for the conveyance, whether in
181	175		37 terms of money, property, a service, an agreement, or other
182	176		38 consideration, but excluding tax payments and payments for legal
183	177		39 and other services that are incidental to the conveyance.
184	178		40 (14) The terms of seller provided financing.
185	179		41 (15) Any family or business relationship existing between the
186	180		42 transferor and the transferee.
187		-	HB 1265—LS 7157/DI 87 5
	181	+	2025 IN 1265—LS 7157/DI 87 5
188	182		1 (16) If the property being conveyed is registered as a Hoosier
189	183		2 homestead (as defined in IC 15-11-16-3) the following
190	184		3 information:
191	185		4 (A) The familial relationship (if any) between the
192	186		5 transferor and transferee (parent, spouse, sibling, cousin,
193	187		6 nephew, niece, aunt, or uncle).
194	188		7 (B) The number of acres of the parcel (if any) that were
195	189		8 owned by the transferor's first family member (as defined
196	190		9 in IC 15-11-16-2).
197	191		10 (16) (17) A legal description of each parcel subject to the
198	192		11 conveyance.
199	193		12 (17) (18) Whether the transferee is using the form to claim one (1)
200	194		13 or more deductions under IC 6-1.1-12-44 for property taxes first
201	195		14 due and payable in a calendar year after 2008.
202	196		15 (18) (19) If the transferee uses the form to claim the standard
203	197		16 deduction under IC 6-1.1-12-37, the information required for a
204	198		17 standard deduction under IC 6-1.1-12-37.
205	199		18 (19) (20) Sufficient instructions and information to permit a party
206	200		19 to terminate a standard deduction under IC 6-1.1-12-37 on any
207	201		20 parcel of property on which the party or the spouse of the party
208	202		21 will no longer be eligible for the standard deduction under
209	203		22 IC 6-1.1-12-37 after the party or the party's spouse begins to
210	204		23 reside at the property that is the subject of the sales disclosure
211	205		24 form, including an explanation of the tax consequences and
212	206		25 applicable penalties if a party unlawfully claims a standard
213	207		26 deduction under IC 6-1.1-12-37.
214	208		27 (20) (21) Other information as required by the department of local
215	209		28 government finance to carry out this chapter.
216	210		29 (21) (22) For transactions occurring after December 31, 2021,
217	211		30 information required under IC 6-1.1-10-21(e) demonstrating proof
218	212		31 of nonprofit status.
219	213		32 If a form under this section includes the telephone number or part or all
220	214		33 of the Social Security number of a party, the telephone number or the
221	215		34 Social Security number is confidential.
222	216		35 (b) The instructions for completing the form described in subsection
223	217		36 (a) must include the information described in IC 6-1.1-12-43(c)(1).
224	218		37 (c) If the conveyance includes more than one (1) parcel as described
225	219		38 in section 3(h) 3(i) of this chapter, the form:
226	220		39 (1) is not required to include the price referred to in subsection
227	221		40 (a)(13) for each of the parcels subject to the conveyance; and
228	222		41 (2) may state a single combined price for all of those parcels.
229	223		42 SECTION 3. IC 6-1.1-5.5-6, AS AMENDED BY P.L.144-2008,
230		-	HB 1265—LS 7157/DI 87 6
	224	+	2025 IN 1265—LS 7157/DI 87 6
231	225		1 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
232	226		2 JULY 1, 2025]: Sec. 6. (a) The county auditor may not accept a
233	227		3 conveyance document if:
234	228		4 (1) the sales disclosure form signed by all the parties and attested
235	229		5 as required under section 9 of this chapter is not included with the
236	230		6 document; or
237	231		7 (2) the sales disclosure form does not contain the information
238	232		8 required by section 5(a)(1) through 5(a)(16) 5(a)(17) of this
239	233		9 chapter as that section applies to the conveyance, subject to the
240	234		10 obligation of a party to furnish or correct the information in the
241	235		11 manner required by and subject to the penalty provisions of
242	236		12 section 12 of this chapter.
243	237		13 (b) The county recorder shall not record a conveyance document
244	238		14 without evidence that the parties have filed with the county auditor a
245	239		15 sales disclosure form approved by the county assessor as eligible for
246	240		16 filing under section 3(b)(2) of this chapter.
247	241		17 SECTION 4. IC 15-11-16 IS ADDED TO THE INDIANA CODE
248	242		18 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
249	243		19 JULY 1, 2025]:
250	244		20 Chapter 16. Hoosier Homesteads
251	245		21 Sec. 1. As used in this chapter, "farm" means an area of real
252	246		22 property that:
253	247		23 (1) is assessed as agricultural property under rules adopted by
254	248		24 the department of local government finance; and
255	249		25 (2) may also include adjoining real property upon which is
256	250		26 located a dwelling and any closely associated buildings and
257	251		27 structures.
258	252		28 Sec. 2. As used in this chapter, "first family member" means the
259	253		29 original member of the owner's family who owned property that is
260	254		30 part of a Hoosier homestead.
261		-	31 Sec. 3. As used in this chapter, "Hoosier homestead" means ~~any~~
262		-	32 ~~portion of a~~ farm:
	255	+	31 Sec. 3. As used in this chapter, "Hoosier homestead" means a
	256	+	32 farm:
263	257		33 (1) that the department determines meets the requirements
264	258		34 under section 8 of this chapter;
265	259		35 (2) that is entered into the registry under section 11 of this
266	260		36 chapter; and
267	261		37 (3) for which the registration is not expired or revoked under
268	262		38 this chapter.
269	263		39 Sec. 4. As used in this chapter, "owner" means a person:
270	264		40 (1) listed on the tax assessment rolls as being responsible for
271	265		41 the payment of real estate taxes imposed on the property; and
272	266		42 (2) in whose name title to real estate is shown in the records
273		-	HB 1265—LS 7157/DI 87 7
	267	+	2025 IN 1265—LS 7157/DI 87 7
274	268		1 of the recorder of the county in which the real estate is
275	269		2 located.
276	270		3 Sec. 5. As used in this chapter, "program" means the Hoosier
277	271		4 homestead program established by this chapter.
278	272		5 Sec. 6. As used in this chapter, "registry" means the Hoosier
279	273		6 homestead registry established under this chapter.
280	274		7 Sec. 7. (a) The Hoosier homestead program is established for the
281	275		8 following purposes:
282	276		9 (1) To honor Indiana's rich agricultural heritage by
283	277		10 recognizing:
284	278		11 (A) family farms that have been owned continuously by the
285	279		12 same family for at least one hundred (100) years; and
286	280		13 (B) the contributions these family farms have made to the
287	281		14 economic, cultural, and social advancements of Indiana.
288	282		15 (2) To promote preservation of Indiana's historic family
289	283		16 farms by maintaining a registry that provides notice to an
290	284		17 entity with eminent domain authority that:
291	285		18 (A) a property proposed for acquisition is a Hoosier
292	286		19 homestead; and
293	287		20 (B) the entity must comply with IC 32-24-1.5 before
294	288		21 proceeding with condemnation.
295	289		22 (b) The department shall administer the program.
296		-	23 Sec. 8. (a) ~~Any portion of~~ a farm ~~may be~~ eligible for a Hoosier
297		-	24 homestead ~~designation, if~~ the property ~~meets~~ the ~~following~~
298		-	25 requirements:
	290	+	23 Sec. 8. (a) A farm is eligible for registration as a Hoosier
	291	+	24 homestead if any part of the property comprising the farm meets
	292	+	25 the following requirements:
299	293		26 (1) The property has been under the continuous ownership of
300	294		27 the same family for at least one hundred (100) years. The line
301	295		28 of ownership from the first family member that owned the
302	296		29 property to the current owner may only be through spouses,
303	297		30 children, siblings, nephews, nieces, aunts, uncles, or cousins.
304	298		31 Legally adopted family members are recognized equally with
305	299		32 blood relatives.
306	300		33 (2) The property is used for agricultural purposes, which
307	301		34 includes contracting with a nonfamily member to farm the
308	302		35 land.
309	303		36 (3) At least:
310	304		37 (A) twenty (20) acres of property used for agricultural
311	305		38 purposes was owned by the first family member; or
312	306		39 (B) one (1) acre of property used for agricultural purposes
313	307		40 was owned by the first family member and produces a
314	308		41 gross of at least one thousand dollars ($1,000) of
315	309		42 agricultural products (as defined in IC 15-12-1-3) a year.
316		-	HB 1265—LS 7157/DI 87 8
317		-	1 (4) ~~All property taxes under IC 6-1.1 have been paid up to~~
318		-	2 ~~date.~~
319		-	3 ~~(b) Only the portion~~ of the farm that meets the requirements
320		-	4 ~~under subsection (a):~~
321		-	5 (1) ~~constitutes a~~ Hoosier homestead~~; and~~
322		-	6 ~~(2) is~~ subject to the provisions of IC 32-24-1.5~~, if condemned~~.
	310	+	2025 IN 1265—LS 7157/DI 87 8
	311	+	1 (b) If a farm is registered as a Hoosier homestead:
	312	+	2 (1) all of the property comprising the farm, not just the part
	313	+	3 of the farm that meets the requirements under subsection (a),
	314	+	4 constitutes a Hoosier homestead; and
	315	+	5 (2) condemnation of any part of the Hoosier homestead is
	316	+	6 subject to the provisions of IC 32-24-1.5.
323	317		7 Sec. 9. An owner must submit an application for registration to
324	318		8 the department on a form established by the department. The
325	319		9 application must include the following:
326	320		10 (1) Information and documentation of the unbroken familial
327	321		11 line of ownership of the farm, from the first family member
328	322		12 and through all successive family member owners to the
329	323		13 current owner. Copies of any of the following may be
330	324		14 submitted with the application to document the transfer of
331	325		15 ownership and the familial relationship of the owners:
332	326		16 (A) An original deed, land patent, or other instrument.
333	327		17 (B) Records maintained in a courthouse.
334	328		18 (C) An abstract of title covering the real estate.
335	329		19 (2) Information regarding the familial relationship of each
336	330		20 previous owner to the current owner.
337	331		21 (3) If the property is in a trust or in the name of a
338	332		22 corporation, proof must be submitted that the farm remains
339	333		23 in the family by submitting a copy of:
340	334		24 (A) the articles of incorporation showing that only family
341	335		25 members are members of the corporation; or
342	336		26 (B) the trust document showing that only family members
343	337		27 are trust beneficiaries.
344		-	28 (4) Documentation required by the department showing that
345		-	29 the property taxes are paid up to date.
346		-	30 (5) Any other information or documentation required by the
347		-	31 department.
348		-	32 Sec. 10. An owner shall certify on an application to the accuracy
349		-	33 of the information provided.
350		-	34 Sec. 11. (a) If the department determines that the property
351		-	35 satisfies the requirements for registration as a Hoosier homestead,
352		-	36 the department shall:
353		-	37 (1) enter the property on the registry as a Hoosier homestead;
354		-	38 and
355		-	39 (2) issue to the applicant a certificate and yard sign
356		-	40 commemorating the farm as a Hoosier homestead.
357		-	41 (b) The certificate and yard sign issued by the department may
358		-	42 commemorate different categories of continuous familial
359		-	HB 1265—LS 7157/DI 87 9
360		-	1 ownership as follows:
361		-	2 (1) A centennial designation, if the family has owned a farm
362		-	3 for at least one hundred (100) years and less than one
363		-	4 hundred fifty (150) years.
364		-	5 (2) A sesquicentennial designation, if the family has owned a
365		-	6 farm for at least one hundred fifty (150) years and less than
366		-	7 two hundred (200) years.
367		-	8 (3) A bicentennial designation, if the family has owned a farm
368		-	9 for at least two hundred (200) years.
369		-	10 Sec. 12. The department shall establish a registry not later than
370		-	11 January 1, 2026.
371		-	12 Sec. 13. The registry must:
372		-	13 (1) be maintained in an electronic format;
373		-	14 (2) permit electronic submission of registration renewals;
374		-	15 (3) include the registration's expiration date; and
375		-	16 (4) be accessible to the public through the computer gateway
376		-	17 administered by the office of technology established by
377		-	18 IC 4-13.1-2-1.
378		-	19 Sec. 14. (a) To maintain a farm's registration as a Hoosier
379		-	20 homestead:
380		-	21 (1) the requirements under section 8 of this chapter for
381		-	22 eligibility must continue to be met; and
382		-	23 (2) the farm's registration must be renewed biennially by
383		-	24 submitting a renewal application to the department.
384		-	25 (b) If a farm's registration is expired or revoked, the provisions
385		-	26 of IC 32-24-1.5 do not apply to the farm.
386		-	27 Sec. 15. (a) If any part of a Hoosier homestead is transferred,
387		-	28 including a transfer to a family member, the registration must be
388		-	29 renewed and the registry updated.
389		-	30 (b) The department shall receive from a county assessor or
390		-	31 township assessor (if any) a sales disclosure form for each
391		-	32 conveyance of all or part of a Hoosier homestead under
392		-	33 IC 6-1.1-5.5-5. The department shall send a notice to the transferee
393		-	34 that for the farm to remain in good standing and maintain
394		-	35 designation as a Hoosier homestead, the registration must be
395		-	36 renewed by submitting a renewal form to the department not later
396		-	37 than sixty (60) days after the date of the notice. The department
397		-	38 may require further documentation as proof that the property still
398		-	39 satisfies the requirements for a Hoosier homestead.
399		-	40 (c) The registry must be updated to reflect that a registration is:
400		-	41 (1) revoked, if the department determines that a property
401		-	42 transfer results in the farm no longer meeting the eligibility
402		-	HB 1265—LS 7157/DI 87 10
403		-	1 requirements of section 8 of this chapter; or
404		-	2 (2) expired because the registration was not renewed and
405		-	3 updated.
406		-	4 Sec. 16. The department may not charge a fee for the
407		-	5 registration of a farm as a Hoosier homestead or the renewal of a
408		-	6 registration.
409		-	7 Sec. 17. The department shall post information on its website
410		-	8 concerning the necessity of maintaining a Hoosier homestead
411		-	9 registration in good standing for the provisions of IC 32-24-1.5 to
412		-	10 apply.
413		-	11 SECTION 5. IC 32-24-1-3, AS AMENDED BY P.L.84-2016,
414		-	12 SECTION 143, IS AMENDED TO READ AS FOLLOWS
415		-	13 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Any person that may exercise
416		-	14 the power of eminent domain for any public use under any statute may
417		-	15 exercise the power only in the manner provided in this article, except
418		-	16 as otherwise provided by law.
419		-	17 (b) Except as provided in subsection (g), before proceeding to
420		-	18 condemn, the person:
421		-	19 (1) may enter upon any land to examine and survey the property
422		-	20 sought to be acquired; and
423		-	21 (2) must make an effort to purchase for the use intended the land,
424		-	22 right-of-way, easement, or other interest, in the property; and
425		-	23 (3) must first comply with IC 32-24-1.5 before making an
426		-	24 effort to purchase under subdivision (2), if the property is a
427		-	25 registered Hoosier homestead under IC 15-11-16.
428		-	26 (c) The effort to purchase under subsection (b)(2) must include the
429		-	27 following:
430		-	28 (1) Establishing a proposed purchase price for the property.
431		-	29 (2) Providing the owner of the property with an appraisal or other
432		-	30 evidence used to establish the proposed purchase price.
433		-	31 (3) Conducting good faith negotiations with the owner of the
434		-	32 property.
435		-	33 (d) If the land or interest in the land, or property or right is owned
436		-	34 by a person who is an incapacitated person (as defined in
437		-	35 IC 29-3-1-7.5) or less than eighteen (18) years of age, the person
438		-	36 seeking to acquire the property may purchase the property from the
439		-	37 guardian of the incapacitated person or person less than eighteen (18)
440		-	38 years of age. If the purchase is approved by the court appointing the
441		-	39 guardian and the approval is written upon the face of the deed, the
442		-	40 conveyance of the property purchased and the deed made and approved
443		-	41 by the court are valid and binding upon the incapacitated person or
444		-	42 persons less than eighteen (18) years of age.
445		-	HB 1265—LS 7157/DI 87 11
446		-	1 (e) The deed given, when executed instead of condemnation,
447		-	2 conveys only the interest stated in the deed.
448		-	3 (f) If property is taken by proceedings under this article, the entire
449		-	4 fee simple title may be taken and acquired.
450		-	5 (g) This subsection applies to a public utility (as defined in
451		-	6 IC 32-24-1-5.9(a)) section 5.9(a) of this chapter) or a pipeline
452		-	7 company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline
453		-	8 company seeks to acquire land or an interest in land under this article,
454		-	9 the public utility or pipeline company may not enter upon the land to
455		-	10 examine or survey the property sought to be acquired unless either of
456		-	11 the following occur:
457		-	12 (1) The public utility or the pipeline company sends notice by
458		-	13 certified mail to the affected landowner (as defined in
459		-	14 IC 8-1-22.6-2) of the public utility's or the pipeline company's
460		-	15 intention to enter upon the landowner's property for survey
461		-	16 purposes. The notice required by this subdivision must be mailed
462		-	17 not later than fourteen (14) days before the date of the public
463		-	18 utility's or the pipeline company's proposed examination or
464		-	19 survey.
465		-	20 (2) The public utility or the pipeline company receives the
466		-	21 landowner's signed consent to enter the property to perform the
467		-	22 proposed examination or survey.
468		-	23 An affected landowner may bring an action to enforce this subsection
469		-	24 in the circuit court, superior court, or probate court of the county in
470		-	25 which the landowner's property is located. A prevailing landowner is
471		-	26 entitled to the landowner's actual damages as a result of the public
472		-	27 utility's or the pipeline company's violation. In addition, the court may
473		-	28 award a prevailing landowner reasonable costs of the action and
474		-	29 attorney's fees.
475		-	30 SECTION 6. IC 32-24-1-8, AS AMENDED BY P.L.80-2020,
476		-	31 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
477		-	32 JULY 1, 2025]: Sec. 8. (a) A defendant may object to the proceedings:
478		-	33 (1) because the court does not have jurisdiction either of the
479		-	34 subject matter or of the person;
480		-	35 (2) because the plaintiff does not have the right to exercise the
481		-	36 power of eminent domain for the use sought; or
482		-	37 (3) because the property is registered as a Hoosier homestead
483		-	38 under IC 15-11-16 and the requirements of IC 32-24-1.5 were
484		-	39 not satisfied; or
485		-	40 (3) (4) for any other reason disclosed in the complaint or set up in
486		-	41 the objections.
487		-	42 (b) Objections under subsection (a) must be:
488		-	HB 1265—LS 7157/DI 87 12
489		-	1 (1) in writing;
490		-	2 (2) separately stated and numbered; and
491		-	3 (3) filed not later than thirty (30) days after the date the notice
492		-	4 required in section 6 of this chapter is served on the defendant.
493		-	5 However, the court may extend the period for filing objections by
494		-	6 not more than thirty (30) days upon written motion of the
495		-	7 defendant.
496		-	8 (c) The court may not allow pleadings in the cause other than the
497		-	9 complaint, any objections, and the written exceptions provided for in
498		-	10 section 11 of this chapter. However, the court may permit amendments
499		-	11 to the pleadings.
500		-	12 (d) If an objection is sustained, the plaintiff may amend the
501		-	13 complaint or may appeal from the decision in the manner that appeals
502		-	14 are taken from final judgments in civil actions. All the parties shall take
503		-	15 notice and are bound by the judgment in an appeal.
504		-	16 (e) If the objections are overruled, the court shall appoint appraisers
505		-	17 as provided for in this chapter. Any defendant may appeal the
506		-	18 interlocutory order overruling the objections and appointing appraisers
507		-	19 in the manner that appeals are taken from final judgments in civil
508		-	20 actions.
509		-	21 (f) All the parties shall take notice of and be bound by the judgment
510		-	22 in the appeal.
511		-	23 (g) The transcript must be filed in the office of the clerk of the
512		-	24 supreme court not later than thirty (30) days after the notice of the
513		-	25 defendant's appeal is filed. The appeal does not stay proceedings in the
514		-	26 cause.
515		-	27 (h) This subsection does not apply to a condemnation action brought
516		-	28 by a public utility (as defined in section 5.9(a) of this chapter) or by a
517		-	29 pipeline company. Notwithstanding section 14 of this chapter, if an
518		-	30 objection:
519		-	31 (1) is sustained, and no appeal is filed; or
520		-	32 (2) is sustained in the judgment in the appeal;
521		-	33 the court shall award the defendant the reasonable costs and attorney's
522		-	34 fees incurred for the objection, in an amount not to exceed twenty-five
523		-	35 thousand dollars ($25,000).
524		-	36 SECTION 7. IC 32-24-1.5 IS ADDED TO THE INDIANA CODE
525		-	37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
526		-	38 JULY 1, 2025]:
527		-	39 Chapter 1.5. Condemnation of a Hoosier Homestead
528		-	40 Sec. 1. This chapter applies to the exercise of eminent domain by
529		-	41 every person that may exercise the power of eminent domain.
530		-	42 Sec. 2. This chapter only applies to the acquisition by
531		-	HB 1265—LS 7157/DI 87 13
532		-	1 condemnation of a fee simple interest in Hoosier homestead
533		-	2 property.
534		-	3 Sec. 3. This chapter only applies to an exercise of eminent
535		-	4 domain under:
536		-	5 (1) any statute (excluding IC 32-24-2) for which a written
537		-	6 acquisition offer for the property is rejected by the owner
538		-	7 after June 30, 2025; or
539		-	8 (2) IC 32-24-2, for which the works board adopts a resolution
540		-	9 under IC 32-24-2-6 after June 30, 2025.
541		-	10 Sec. 4. As used in this chapter, "farm" has the meaning set forth
542		-	11 in IC 15-11-16-1.
543		-	12 Sec. 5. As used in this chapter, "Hoosier homestead" means any
544		-	13 portion of a farm that satisfies both of the following:
545		-	14 (1) The property is registered as a Hoosier homestead under
546		-	15 IC 15-11-16-11.
547		-	16 (2) The registration under subdivision (1) is not expired or
548		-	17 revoked as provided in IC 15-11-16-14.
549		-	18 Sec. 6. As used in this chapter, "legislative body" means the
550		-	19 legislative body (as defined in IC 36-1-2-9) of a county, city, or
551		-	20 town.
552		-	21 Sec. 7. As used in this chapter, "owner" means a person who
553		-	22 owns property that is registered as a Hoosier homestead, as
554		-	23 evidenced by both of the following:
555		-	24 (1) The person is listed on the tax assessment rolls as
556		-	25 responsible for the payment of real estate taxes imposed on
557		-	26 the property.
558		-	27 (2) The person's name is shown on the title to the real estate
559		-	28 in the records of the recorder of the county in which the real
560		-	29 estate is located.
561		-	30 Sec. 8. Notwithstanding any other law, a condemnor may not file
562		-	31 a complaint in condemnation or a works board may not hear
563		-	32 remonstrances under IC 32-24-2-6 unless the requirements of this
564		-	33 chapter are satisfied.
565		-	34 Sec. 9. (a) This section applies only to an acquisition of property
566		-	35 under section 3(1) of this chapter.
567		-	36 (b) A condemnor shall send notice of an owner's rejection of a
568		-	37 written acquisition offer for the property:
569		-	38 (1) not later than ten (10) days after the date the owner's
570		-	39 rejection is received; and
571		-	40 (2) to one (1) of the following:
572		-	41 (A) The city or town legislative body, if a majority of the
573		-	42 Hoosier homestead property is located within a city or
574		-	HB 1265—LS 7157/DI 87 14
575		-	1 town.
576		-	2 (B) The county legislative body, if a majority of the
577		-	3 Hoosier homestead property is located within the
578		-	4 unincorporated area of the county.
579		-	5 Sec. 10. (a) This section only applies to an acquisition of
580		-	6 property under section 3(2) of this chapter.
581		-	7 (b) A works board shall send notice of the adoption of the
582		-	8 resolution under IC 32-24-2-6:
583		-	9 (1) not later than ten (10) days after the date the resolution is
584		-	10 adopted; and
585		-	11 (2) to:
586		-	12 (A) the city or town legislative body, if a majority of the
587		-	13 Hoosier homestead property is located within a city or
588		-	14 town; or
589		-	15 (B) the county legislative body, if a majority of the Hoosier
590		-	16 homestead property is located within the unincorporated
591		-	17 area of the county;
592		-	18 at the same time notice of the resolution is sent to affected persons.
593		-	19 Sec. 11. (a) The legislative body shall set a date for a hearing not
594		-	20 earlier than thirty (30) days or later than sixty (60) days after
595		-	21 receiving notice of:
596		-	22 (1) the property owner's rejection under section 9 of this
597		-	23 chapter; or
598		-	24 (2) the works board's adoption of a resolution under section
599		-	25 10 of this chapter.
600		-	26 (b) The legislative body shall provide notice of the hearing to
601		-	27 each owner by certified mail, return receipt requested or any other
602		-	28 means of delivery that includes a return receipt at least thirty (30)
603		-	29 days before the date of the hearing.
604		-	30 Sec. 12. Any owner receiving notice of the hearing under section
605		-	31 11 of this chapter is entitled to provide oral or written testimony at
606		-	32 the hearing regarding:
607		-	33 (1) the proposed acquisition of the property; and
608		-	34 (2) the purpose for which condemnation of the property is
609		-	35 sought.
610		-	36 Sec. 13. (a) After conducting the hearing, the legislative body
611		-	37 shall issue a written determination approving or disapproving the
612		-	38 condemnation and stating the basis for its determination.
613		-	39 (b) The legislative body may approve the condemnation only if
614		-	40 the legislative body makes a determination that:
615		-	41 (1) there is no feasible and prudent alternative to using the
616		-	42 Hoosier homestead for the purpose for which condemnation
617		-	HB 1265—LS 7157/DI 87 15
618		-	1 is sought and the proposed condemnation of the Hoosier
619		-	2 homestead would not have an unreasonably adverse effect
620		-	3 upon the preservation and enhancement of agriculture within
621		-	4 the area; or
622		-	5 (2) evidence presented at the hearing shows that the property
623		-	6 is not a Hoosier homestead or the Hoosier homestead
624		-	7 registration is expired, revoked, or has not been renewed.
625		-	8 Sec. 14. If the legislative body:
626		-	9 (1) approves the condemnation:
627		-	10 (A) the condemnor may file a complaint in condemnation
628		-	11 against the property or the works board may hear
629		-	12 remonstrances under IC 32-24-2-6 regarding the property;
630		-	13 and
631		-	14 (B) the condemnation may proceed under any applicable
632		-	15 statute; or
633		-	16 (2) rejects the condemnation, the condemnor may not proceed
634		-	17 with the condemnation.
635		-	HB 1265—LS 7157/DI 87 16
636		-	COMMITTEE REPORT
637		-	Mr. Speaker: Your Committee on Agriculture and Rural
638		-	Development, to which was referred House Bill 1265, has had the same
639		-	under consideration and begs leave to report the same back to the
640		-	House with the recommendation that said bill be amended as follows:
641		-	Page 6, line 31, delete "a" and insert "any portion of a".
642		-	Page 7, delete lines 23 through 25, begin a new paragraph and
643		-	insert:
644		-	"Sec. 8. (a) Any portion of a farm may be eligible for a Hoosier
645		-	homestead designation, if the property meets the following
646		-	requirements:".
647		-	Page 7, after line 42, begin a new line block indented and insert:
648		-	"(4) All property taxes under IC 6-1.1 have been paid up to
649		-	date.".
650		-	Page 8, delete lines 1 through 6, begin a new paragraph and insert:
651		-	"(b) Only the portion of the farm that meets the requirements
652		-	under subsection (a):
653		-	(1) constitutes a Hoosier homestead; and
654		-	(2) is subject to the provisions of IC 32-24-1.5, if condemned.".
655		-	Page 8, between lines 27 and 28, begin a new line block indented
656		-	and insert:
657		-	"(4) Documentation required by the department showing that
658		-	the property taxes are paid up to date.".
659		-	Page 8, line 28, delete "(4)" and insert "(5)".
660		-	Page 13, line 10, delete "a" and insert "any portion of a".
661		-	Page 13, line 12, delete "farm" and insert "property".
662		-	and when so amended that said bill do pass.
663		-	(Reference is to HB 1265 as introduced.)
664		-	AYLESWORTH
665		-	Committee Vote: yeas 11, nays 0.
666		-	HB 1265—LS 7157/DI 87
	338	+	28 (4) Any other information or documentation required by the
	339	+	29 department.
	340	+	30 Sec. 10. An owner shall certify on an application to the accuracy
	341	+	31 of the information provided.
	342	+	32 Sec. 11. (a) If the department determines that the property
	343	+	33 satisfies the requirements for registration as a Hoosier homestead,
	344	+	34 the department shall:
	345	+	35 (1) enter the property on the registry as a Hoosier homestead;
	346	+	36 and
	347	+	37 (2) issue to the applicant a certificate and yard sign
	348	+	38 commemorating the farm as a Hoosier homestead.
	349	+	39 (b) The certificate and yard sign issued by the department may
	350	+	40 commemorate different categories of continuous familial
	351	+	41 ownership as follows:
	352	+	42 (1) A centennial designation, if the family has owned a farm
	353	+	2025 IN 1265—LS 7157/DI 87 9
	354	+	1 for at least one hundred (100) years and less than one
	355	+	2 hundred fifty (150) years.
	356	+	3 (2) A sesquicentennial designation, if the family has owned a
	357	+	4 farm for at least one hundred fifty (150) years and less than
	358	+	5 two hundred (200) years.
	359	+	6 (3) A bicentennial designation, if the family has owned a farm
	360	+	7 for at least two hundred (200) years.
	361	+	8 Sec. 12. The department shall establish a registry not later than
	362	+	9 January 1, 2026.
	363	+	10 Sec. 13. The registry must:
	364	+	11 (1) be maintained in an electronic format;
	365	+	12 (2) permit electronic submission of registration renewals;
	366	+	13 (3) include the registration's expiration date; and
	367	+	14 (4) be accessible to the public through the computer gateway
	368	+	15 administered by the office of technology established by
	369	+	16 IC 4-13.1-2-1.
	370	+	17 Sec. 14. (a) To maintain a farm's registration as a Hoosier
	371	+	18 homestead:
	372	+	19 (1) the requirements under section 8 of this chapter for
	373	+	20 eligibility must continue to be met; and
	374	+	21 (2) the farm's registration must be renewed biennially by
	375	+	22 submitting a renewal application to the department.
	376	+	23 (b) If a farm's registration is expired or revoked, the provisions
	377	+	24 of IC 32-24-1.5 do not apply to the farm.
	378	+	25 Sec. 15. (a) If any part of a Hoosier homestead is transferred,
	379	+	26 including a transfer to a family member, the registration must be
	380	+	27 renewed and the registry updated.
	381	+	28 (b) The department shall receive from a county assessor or
	382	+	29 township assessor (if any) a sales disclosure form for each
	383	+	30 conveyance of all or part of a Hoosier homestead under
	384	+	31 IC 6-1.1-5.5-5. The department shall send a notice to the transferee
	385	+	32 that for the farm to remain in good standing and maintain
	386	+	33 designation as a Hoosier homestead, the registration must be
	387	+	34 renewed by submitting a renewal form to the department not later
	388	+	35 than sixty (60) days after the date of the notice. The department
	389	+	36 may require further documentation as proof that the property still
	390	+	37 satisfies the requirements for a Hoosier homestead.
	391	+	38 (c) The registry must be updated to reflect that a registration is:
	392	+	39 (1) revoked, if the department determines that a property
	393	+	40 transfer results in the farm no longer meeting the eligibility
	394	+	41 requirements of section 8 of this chapter; or
	395	+	42 (2) expired because the registration was not renewed and
	396	+	2025 IN 1265—LS 7157/DI 87 10
	397	+	1 updated.
	398	+	2 Sec. 16. The department may not charge a fee for the
	399	+	3 registration of a farm as a Hoosier homestead or the renewal of a
	400	+	4 registration.
	401	+	5 Sec. 17. The department shall post information on its website
	402	+	6 concerning the necessity of maintaining a Hoosier homestead
	403	+	7 registration in good standing for the provisions of IC 32-24-1.5 to
	404	+	8 apply.
	405	+	9 SECTION 5. IC 32-24-1-3, AS AMENDED BY P.L.84-2016,
	406	+	10 SECTION 143, IS AMENDED TO READ AS FOLLOWS
	407	+	11 [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) Any person that may exercise
	408	+	12 the power of eminent domain for any public use under any statute may
	409	+	13 exercise the power only in the manner provided in this article, except
	410	+	14 as otherwise provided by law.
	411	+	15 (b) Except as provided in subsection (g), before proceeding to
	412	+	16 condemn, the person:
	413	+	17 (1) may enter upon any land to examine and survey the property
	414	+	18 sought to be acquired; and
	415	+	19 (2) must make an effort to purchase for the use intended the land,
	416	+	20 right-of-way, easement, or other interest, in the property; and
	417	+	21 (3) must first comply with IC 32-24-1.5 before making an
	418	+	22 effort to purchase under subdivision (2), if the property is a
	419	+	23 registered Hoosier homestead under IC 15-11-16.
	420	+	24 (c) The effort to purchase under subsection (b)(2) must include the
	421	+	25 following:
	422	+	26 (1) Establishing a proposed purchase price for the property.
	423	+	27 (2) Providing the owner of the property with an appraisal or other
	424	+	28 evidence used to establish the proposed purchase price.
	425	+	29 (3) Conducting good faith negotiations with the owner of the
	426	+	30 property.
	427	+	31 (d) If the land or interest in the land, or property or right is owned
	428	+	32 by a person who is an incapacitated person (as defined in
	429	+	33 IC 29-3-1-7.5) or less than eighteen (18) years of age, the person
	430	+	34 seeking to acquire the property may purchase the property from the
	431	+	35 guardian of the incapacitated person or person less than eighteen (18)
	432	+	36 years of age. If the purchase is approved by the court appointing the
	433	+	37 guardian and the approval is written upon the face of the deed, the
	434	+	38 conveyance of the property purchased and the deed made and approved
	435	+	39 by the court are valid and binding upon the incapacitated person or
	436	+	40 persons less than eighteen (18) years of age.
	437	+	41 (e) The deed given, when executed instead of condemnation,
	438	+	42 conveys only the interest stated in the deed.
	439	+	2025 IN 1265—LS 7157/DI 87 11
	440	+	1 (f) If property is taken by proceedings under this article, the entire
	441	+	2 fee simple title may be taken and acquired.
	442	+	3 (g) This subsection applies to a public utility (as defined in
	443	+	4 IC 32-24-1-5.9(a)) section 5.9(a) of this chapter) or a pipeline
	444	+	5 company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline
	445	+	6 company seeks to acquire land or an interest in land under this article,
	446	+	7 the public utility or pipeline company may not enter upon the land to
	447	+	8 examine or survey the property sought to be acquired unless either of
	448	+	9 the following occur:
	449	+	10 (1) The public utility or the pipeline company sends notice by
	450	+	11 certified mail to the affected landowner (as defined in
	451	+	12 IC 8-1-22.6-2) of the public utility's or the pipeline company's
	452	+	13 intention to enter upon the landowner's property for survey
	453	+	14 purposes. The notice required by this subdivision must be mailed
	454	+	15 not later than fourteen (14) days before the date of the public
	455	+	16 utility's or the pipeline company's proposed examination or
	456	+	17 survey.
	457	+	18 (2) The public utility or the pipeline company receives the
	458	+	19 landowner's signed consent to enter the property to perform the
	459	+	20 proposed examination or survey.
	460	+	21 An affected landowner may bring an action to enforce this subsection
	461	+	22 in the circuit court, superior court, or probate court of the county in
	462	+	23 which the landowner's property is located. A prevailing landowner is
	463	+	24 entitled to the landowner's actual damages as a result of the public
	464	+	25 utility's or the pipeline company's violation. In addition, the court may
	465	+	26 award a prevailing landowner reasonable costs of the action and
	466	+	27 attorney's fees.
	467	+	28 SECTION 6. IC 32-24-1-8, AS AMENDED BY P.L.80-2020,
	468	+	29 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	469	+	30 JULY 1, 2025]: Sec. 8. (a) A defendant may object to the proceedings:
	470	+	31 (1) because the court does not have jurisdiction either of the
	471	+	32 subject matter or of the person;
	472	+	33 (2) because the plaintiff does not have the right to exercise the
	473	+	34 power of eminent domain for the use sought; or
	474	+	35 (3) because the property is registered as a Hoosier homestead
	475	+	36 under IC 15-11-16 and the requirements of IC 32-24-1.5 were
	476	+	37 not satisfied; or
	477	+	38 (3) (4) for any other reason disclosed in the complaint or set up in
	478	+	39 the objections.
	479	+	40 (b) Objections under subsection (a) must be:
	480	+	41 (1) in writing;
	481	+	42 (2) separately stated and numbered; and
	482	+	2025 IN 1265—LS 7157/DI 87 12
	483	+	1 (3) filed not later than thirty (30) days after the date the notice
	484	+	2 required in section 6 of this chapter is served on the defendant.
	485	+	3 However, the court may extend the period for filing objections by
	486	+	4 not more than thirty (30) days upon written motion of the
	487	+	5 defendant.
	488	+	6 (c) The court may not allow pleadings in the cause other than the
	489	+	7 complaint, any objections, and the written exceptions provided for in
	490	+	8 section 11 of this chapter. However, the court may permit amendments
	491	+	9 to the pleadings.
	492	+	10 (d) If an objection is sustained, the plaintiff may amend the
	493	+	11 complaint or may appeal from the decision in the manner that appeals
	494	+	12 are taken from final judgments in civil actions. All the parties shall take
	495	+	13 notice and are bound by the judgment in an appeal.
	496	+	14 (e) If the objections are overruled, the court shall appoint appraisers
	497	+	15 as provided for in this chapter. Any defendant may appeal the
	498	+	16 interlocutory order overruling the objections and appointing appraisers
	499	+	17 in the manner that appeals are taken from final judgments in civil
	500	+	18 actions.
	501	+	19 (f) All the parties shall take notice of and be bound by the judgment
	502	+	20 in the appeal.
	503	+	21 (g) The transcript must be filed in the office of the clerk of the
	504	+	22 supreme court not later than thirty (30) days after the notice of the
	505	+	23 defendant's appeal is filed. The appeal does not stay proceedings in the
	506	+	24 cause.
	507	+	25 (h) This subsection does not apply to a condemnation action brought
	508	+	26 by a public utility (as defined in section 5.9(a) of this chapter) or by a
	509	+	27 pipeline company. Notwithstanding section 14 of this chapter, if an
	510	+	28 objection:
	511	+	29 (1) is sustained, and no appeal is filed; or
	512	+	30 (2) is sustained in the judgment in the appeal;
	513	+	31 the court shall award the defendant the reasonable costs and attorney's
	514	+	32 fees incurred for the objection, in an amount not to exceed twenty-five
	515	+	33 thousand dollars ($25,000).
	516	+	34 SECTION 7. IC 32-24-1.5 IS ADDED TO THE INDIANA CODE
	517	+	35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
	518	+	36 JULY 1, 2025]:
	519	+	37 Chapter 1.5. Condemnation of a Hoosier Homestead
	520	+	38 Sec. 1. This chapter applies to the exercise of eminent domain by
	521	+	39 every person that may exercise the power of eminent domain.
	522	+	40 Sec. 2. This chapter only applies to the acquisition by
	523	+	41 condemnation of a fee simple interest in Hoosier homestead
	524	+	42 property.
	525	+	2025 IN 1265—LS 7157/DI 87 13
	526	+	1 Sec. 3. This chapter only applies to an exercise of eminent
	527	+	2 domain under:
	528	+	3 (1) any statute (excluding IC 32-24-2) for which a written
	529	+	4 acquisition offer for the property is rejected by the owner
	530	+	5 after June 30, 2025; or
	531	+	6 (2) IC 32-24-2, for which the works board adopts a resolution
	532	+	7 under IC 32-24-2-6 after June 30, 2025.
	533	+	8 Sec. 4. As used in this chapter, "farm" has the meaning set forth
	534	+	9 in IC 15-11-16-1.
	535	+	10 Sec. 5. As used in this chapter, "Hoosier homestead" means a
	536	+	11 farm that satisfies both of the following:
	537	+	12 (1) The farm is registered as a Hoosier homestead under
	538	+	13 IC 15-11-16-11.
	539	+	14 (2) The registration under subdivision (1) is not expired or
	540	+	15 revoked as provided in IC 15-11-16-14.
	541	+	16 Sec. 6. As used in this chapter, "legislative body" means the
	542	+	17 legislative body (as defined in IC 36-1-2-9) of a county, city, or
	543	+	18 town.
	544	+	19 Sec. 7. As used in this chapter, "owner" means a person who
	545	+	20 owns property that is registered as a Hoosier homestead, as
	546	+	21 evidenced by both of the following:
	547	+	22 (1) The person is listed on the tax assessment rolls as
	548	+	23 responsible for the payment of real estate taxes imposed on
	549	+	24 the property.
	550	+	25 (2) The person's name is shown on the title to the real estate
	551	+	26 in the records of the recorder of the county in which the real
	552	+	27 estate is located.
	553	+	28 Sec. 8. Notwithstanding any other law, a condemnor may not file
	554	+	29 a complaint in condemnation or a works board may not hear
	555	+	30 remonstrances under IC 32-24-2-6 unless the requirements of this
	556	+	31 chapter are satisfied.
	557	+	32 Sec. 9. (a) This section applies only to an acquisition of property
	558	+	33 under section 3(1) of this chapter.
	559	+	34 (b) A condemnor shall send notice of an owner's rejection of a
	560	+	35 written acquisition offer for the property:
	561	+	36 (1) not later than ten (10) days after the date the owner's
	562	+	37 rejection is received; and
	563	+	38 (2) to one (1) of the following:
	564	+	39 (A) The city or town legislative body, if a majority of the
	565	+	40 Hoosier homestead property is located within a city or
	566	+	41 town.
	567	+	42 (B) The county legislative body, if a majority of the
	568	+	2025 IN 1265—LS 7157/DI 87 14
	569	+	1 Hoosier homestead property is located within the
	570	+	2 unincorporated area of the county.
	571	+	3 Sec. 10. (a) This section only applies to an acquisition of
	572	+	4 property under section 3(2) of this chapter.
	573	+	5 (b) A works board shall send notice of the adoption of the
	574	+	6 resolution under IC 32-24-2-6:
	575	+	7 (1) not later than ten (10) days after the date the resolution is
	576	+	8 adopted; and
	577	+	9 (2) to:
	578	+	10 (A) the city or town legislative body, if a majority of the
	579	+	11 Hoosier homestead property is located within a city or
	580	+	12 town; or
	581	+	13 (B) the county legislative body, if a majority of the Hoosier
	582	+	14 homestead property is located within the unincorporated
	583	+	15 area of the county;
	584	+	16 at the same time notice of the resolution is sent to affected persons.
	585	+	17 Sec. 11. (a) The legislative body shall set a date for a hearing not
	586	+	18 earlier than thirty (30) days or later than sixty (60) days after
	587	+	19 receiving notice of:
	588	+	20 (1) the property owner's rejection under section 9 of this
	589	+	21 chapter; or
	590	+	22 (2) the works board's adoption of a resolution under section
	591	+	23 10 of this chapter.
	592	+	24 (b) The legislative body shall provide notice of the hearing to
	593	+	25 each owner by certified mail, return receipt requested or any other
	594	+	26 means of delivery that includes a return receipt at least thirty (30)
	595	+	27 days before the date of the hearing.
	596	+	28 Sec. 12. Any owner receiving notice of the hearing under section
	597	+	29 11 of this chapter is entitled to provide oral or written testimony at
	598	+	30 the hearing regarding:
	599	+	31 (1) the proposed acquisition of the property; and
	600	+	32 (2) the purpose for which condemnation of the property is
	601	+	33 sought.
	602	+	34 Sec. 13. (a) After conducting the hearing, the legislative body
	603	+	35 shall issue a written determination approving or disapproving the
	604	+	36 condemnation and stating the basis for its determination.
	605	+	37 (b) The legislative body may approve the condemnation only if
	606	+	38 the legislative body makes a determination that:
	607	+	39 (1) there is no feasible and prudent alternative to using the
	608	+	40 Hoosier homestead for the purpose for which condemnation
	609	+	41 is sought and the proposed condemnation of the Hoosier
	610	+	42 homestead would not have an unreasonably adverse effect
	611	+	2025 IN 1265—LS 7157/DI 87 15
	612	+	1 upon the preservation and enhancement of agriculture within
	613	+	2 the area; or
	614	+	3 (2) evidence presented at the hearing shows that the property
	615	+	4 is not a Hoosier homestead or the Hoosier homestead
	616	+	5 registration is expired, revoked, or has not been renewed.
	617	+	6 Sec. 14. If the legislative body:
	618	+	7 (1) approves the condemnation:
	619	+	8 (A) the condemnor may file a complaint in condemnation
	620	+	9 against the property or the works board may hear
	621	+	10 remonstrances under IC 32-24-2-6 regarding the property;
	622	+	11 and
	623	+	12 (B) the condemnation may proceed under any applicable
	624	+	13 statute; or
	625	+	14 (2) rejects the condemnation, the condemnor may not proceed
	626	+	15 with the condemnation.
	627	+	2025 IN 1265—LS 7157/DI 87