IN HB1527 | 2021 | Regular Session

Status

Spectrum: Partisan Bill (Republican 6-0)
Status: Engrossed on February 23 2021 - 50% progression
Action: 2021-03-11 - First reading: referred to Committee on Local Government
Pending: Senate Local Government Committee
Text: Latest bill text (Amended) [PDF]

Summary

Eminent domain. Makes changes to condemnation proceedings in which appraisers are appointed after December 31, 2021. Requires a city or town (municipality) condemning property within the unincorporated area of the county to obtain the county legislative body's approval by demonstrating the necessity for the taking and that it is for a public purpose. Provides that if a defendant's objection to the condemnation is sustained: (1) the plaintiff must pay the defendant's attorney's fees and costs in order to amend the complaint; and (2) the plaintiff is prohibited from filing a new complaint in condemnation against the same property for five years, unless the plaintiff proves urgent necessity for the condemnation and demonstrates payment of the defendant's attorney's fees and costs incurred for the previous condemnation action. Allows a business owner to claim compensation for intangible business losses and loss of driveway access due to condemnation. Exempts condemnation actions brought by the state acting through the Indiana department of transportation from the following: (1) The reimbursement of reasonable costs, expenses, and attorney's fees if a defendant's objection to a condemnation is sustained. (2) The prohibition on filing a new complaint in condemnation for five years if a defendant's objection to a condemnation is sustained. Requires the state acting through the Indiana department of transportation to pay the lesser of $25,000 or the fair market value of the defendant's property if the award of a court is greater than the amount specified in the last offer of settlement.

Tracking Information

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Title

Eminent domain.

Sponsors


Roll Calls

2021-02-22 - House - House - Third reading (Y: 62 N: 34 NV: 1 Abs: 3) [PASS]
2021-02-10 - House - House - Committee Vote (Y: 7 N: 4 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2021-03-11SenateFirst reading: referred to Committee on Local Government
2021-02-23HouseReferred to the Senate
2021-02-22HouseRepresentative Hostettler added as coauthor
2021-02-22HouseRepresentative Carbaugh added as coauthor
2021-02-22HouseSenate sponsors: Senators Doriot and Boots
2021-02-22HouseThird reading: passed; Roll Call 207: yeas 63, nays 33
2021-02-18HouseSecond reading: ordered engrossed
2021-02-16HouseCommittee report: amend do pass, adopted
2021-01-14HouseFirst reading: referred to Committee on Local Government
2021-01-14HouseCoauthored by Representative Ellington
2021-01-14HouseAuthored by Representative Goodrich

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2021/bills/house/1527/
Texthttp://iga.in.gov/static-documents/0/d/4/d/0d4df465/HB1527.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/c/f/4/d/cf4d860c/HB1527.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/a/2/2/6/a226a8f4/HB1527.02.COMH.pdf
Amendmenthttp://iga.in.gov/static-documents/e/3/3/b/e33bff8d/HB1527.02.COMH.AMH001.pdf
Amendmenthttp://iga.in.gov/static-documents/7/0/1/6/7016a683/HB1527.02.COMH.AMH002.pdf
Amendmenthttp://iga.in.gov/static-documents/b/2/4/2/b242d877/HB1527.02.COMH.AMH003.pdf
Supplementhttp://iga.in.gov/static-documents/5/3/b/1/53b195d4/HB1527.01.INTR.FN001.pdf
Supplementhttp://iga.in.gov/static-documents/c/6/0/f/c60fa793/HB1527.01.INTR.FN002.pdf
Supplementhttp://iga.in.gov/static-documents/5/9/e/c/59ecf7df/HB1527.02.COMH.FN001.pdf
Supplementhttp://iga.in.gov/static-documents/6/a/7/7/6a775a94/HB1527.01.INTR.CRH001.pdf
Supplementhttp://iga.in.gov/static-documents/c/5/a/f/c5affa03/HB1527.02.COMH.FN002.pdf
Supplementhttp://iga.in.gov/static-documents/f/f/8/c/ff8c90e4/HB1527.02.COMH.FN003.pdf
Roll Callhttp://iga.in.gov/static-documents/d/8/8/6/d886209f/HB1527.01.INTR.02.pdf
Roll Callhttp://iga.in.gov/static-documents/b/e/8/1/be81d869/HB1527.207_H.pdf

Bill Comments 750

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