Indiana 2025 Regular Session

Indiana Senate Bill SB0015 Latest Draft

Bill / Introduced Version Filed 12/30/2024

                             
Introduced Version
SENATE BILL No. 15
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DIGEST OF INTRODUCED BILL
Citations Affected:  IC 8-20-1-15.6; IC 36-9-2-6.5.
Synopsis:  Right-of-way and thoroughfares. 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. 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.
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:  July 1, 2025.
Doriot
January 8, 2025, read first time and referred to Committee on Local Government.
2025	IN 15—LS 6204/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 15
A BILL FOR AN ACT to amend the Indiana Code concerning
transportation.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-20-1-15.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 15.6. (a) A county may not increase the apparent
4 right-of-way for a county highway by requiring a dedication of
5 additional right-of-way as part of the plat process under IC 36-7-4.
6 Any land designated as right-of-way on a plat that exceeds the
7 existing apparent right-of-way must be acquired by the county
8 under IC 8-20-3-1.
9 (b) A county that is required to acquire additional right-of-way
10 under subsection (a) may not impose any additional fees on an
11 applicant under IC 36-7-4-704.
12 SECTION 2. IC 36-9-2-6.5 IS ADDED TO THE INDIANA CODE
13 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
14 1, 2025]: Sec. 6.5. (a) A unit may not expand an existing
15 thoroughfare by requiring a dedication of additional private
16 property as part of the plat process under IC 36-7-4. A unit must
17 exercise the power of eminent domain as provided in IC 32-24 to
2025	IN 15—LS 6204/DI 87 2
1 acquire private property to expand an existing thoroughfare.
2 (b) A unit that is required to acquire private property through
3 the eminent domain process under subsection (a) may not impose
4 any additional fees on an applicant under IC 36-7-4-704.
2025	IN 15—LS 6204/DI 87