Indiana House Bill 1527 (Prior Session Legislation)

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

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.

Eminent domain.

Rep. Chuck Goodrich [R]	Rep. Jeff Ellington [R]	Rep. Martin Carbaugh [R]	Rep. Matt Hostettler [R]
Sen. Blake Doriot [R]	Sen. Philip Boots [R]

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]

Date	Chamber	Action
2021-03-11	Senate	First reading: referred to Committee on Local Government
2021-02-23	House	Referred to the Senate
2021-02-22	House	Representative Hostettler added as coauthor
2021-02-22	House	Representative Carbaugh added as coauthor
2021-02-22	House	Senate sponsors: Senators Doriot and Boots
2021-02-22	House	Third reading: passed; Roll Call 207: yeas 63, nays 33
2021-02-18	House	Second reading: ordered engrossed
2021-02-16	House	Committee report: amend do pass, adopted
2021-01-14	House	First reading: referred to Committee on Local Government
2021-01-14	House	Coauthored by Representative Ellington
2021-01-14	House	Authored by Representative Goodrich

Type	Source
Summary	https://iga.in.gov/legislative/2021/bills/house/1527/details
Text	http://iga.in.gov/static-documents/0/d/4/d/0d4df465/HB1527.01.INTR.pdf
Text	http://iga.in.gov/static-documents/c/f/4/d/cf4d860c/HB1527.01.INTR.pdf
Text	http://iga.in.gov/static-documents/a/2/2/6/a226a8f4/HB1527.02.COMH.pdf
Amendment	http://iga.in.gov/static-documents/e/3/3/b/e33bff8d/HB1527.02.COMH.AMH001.pdf
Amendment	http://iga.in.gov/static-documents/7/0/1/6/7016a683/HB1527.02.COMH.AMH002.pdf
Amendment	http://iga.in.gov/static-documents/b/2/4/2/b242d877/HB1527.02.COMH.AMH003.pdf
Supplement	http://iga.in.gov/static-documents/5/3/b/1/53b195d4/HB1527.01.INTR.FN001.pdf
Supplement	http://iga.in.gov/static-documents/c/6/0/f/c60fa793/HB1527.01.INTR.FN002.pdf
Supplement	http://iga.in.gov/static-documents/5/9/e/c/59ecf7df/HB1527.02.COMH.FN001.pdf
Supplement	http://iga.in.gov/static-documents/6/a/7/7/6a775a94/HB1527.01.INTR.CRH001.pdf
Supplement	http://iga.in.gov/static-documents/c/5/a/f/c5affa03/HB1527.02.COMH.FN002.pdf
Supplement	http://iga.in.gov/static-documents/f/f/8/c/ff8c90e4/HB1527.02.COMH.FN003.pdf
Roll Call	http://iga.in.gov/static-documents/d/8/8/6/d886209f/HB1527.01.INTR.02.pdf
Roll Call	http://iga.in.gov/static-documents/b/e/8/1/be81d869/HB1527.207_H.pdf