LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6204 NOTE PREPARED: Oct 31, 2024
BILL NUMBER: SB 15 BILL AMENDED:
SUBJECT: Right-of-Way and Thoroughfares.
FIRST AUTHOR: Sen. Doriot BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: This bill requires a county to use eminent domain to increase the apparent
right-of-way for a county highway, instead of by requiring dedication of additional right-of-way as part of
a subdivision plat. It requires a county, city, or town (unit) to use eminent domain to expand an existing
thoroughfare, instead of by requiring dedication of private property as part of a subdivision plat. It also
prohibits a unit that must proceed with eminent domain regarding a right-of-way or thoroughfare from
imposing an additional fee on an applicant for filing a subdivision plat.
Effective Date: July 1, 2025.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures: Summary - This bill could increase local unit of government
expenditures by prohibiting dedicating additional right-of-ways on subdivision plats without using eminent
domain.
Additional Information - Apparent right-of-way allows local units of government to acquire land for purposes
of infrastructure projects without going through either a judicial review or the eminent domain process. The
bill would only impact acquisitions performed on existing thoroughfares.
By changing when local units of government can utilize apparent right-of-way, the bill could increase
eminent domain claims filed by local units. The bill also specifies instances in which local units of
government would be required to utilize eminent domain for land purchases associated with a thoroughfare.
If additional land acquisitions go through the eminent domain process instead of acquisition through apparent
right-of-way, it is possible the acquisition could be completed at a higher price to the local unit of
government.
SB 15 1 Explanation of Local Revenues: By prohibiting local units of government from imposing additional fees
on applicants, the bill could decrease local revenue received from plot filing and usage fees.
State Agencies Affected:
Local Agencies Affected: County units and municipalities.
Information Sources:
Fiscal Analyst: Bill Brumbach, 317-232-9559.
SB 15 2