Bill Text: IN HB1433 | 2013 | Regular Session | Amended
Bill Title: Recording of new lots.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-02-27 - First reading: referred to Committee on Local Government [HB1433 Detail]
Download: Indiana-2013-HB1433-Amended.html
Citations Affected: IC 36-2.
Synopsis: Recording of new lots. Provides that if an instrument
dividing land requires issuance of a new tax identification number: (1)
the county auditor may not endorse the instrument; and (2) the recorder
may not record the instrument; unless the plan commission executes a
written confirmation that the property division complies with local
regulations concerning minimum lot frontage, width, and area, and
with the subdivision and platting of land. Provides that the plan
commission may not charge a fee for issuing a written confirmation.
Requires the recorder to record the confirmation as an attachment to
the instrument. Provides that these requirements do not apply to a
subdivision plat or planned unit development that has already received
plan commission approval or plan director approval.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Local Government.
February 11, 2013, reported _ Do Pass.
February 19, 2013, read second time, amended, ordered engrossed.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) This section does not apply to a subdivision plat or planned unit development that has already received plan commission approval or plan director approval.
(c) Before the auditor makes the endorsement under IC 36-2-11-14, the auditor shall require written confirmation that the division of real property complies with the local regulations adopted under IC 36-7 concerning the following:
(1) Minimum lot frontage, width, and area.
(2) Subdivision of land.
(3) Platting of land.
(d) The written confirmation required by this section must fulfill the following requirements:
(1) The written confirmation must be executed by the local plan commission having jurisdiction over the real property.
(2) The written confirmation must include any special conditions required by the plan commission to make a finding of compliance.
(3) The written confirmation must be acknowledged by the grantor and grantee of the real property.
(e) A plan commission may not charge a fee for issuing a written confirmation under this chapter.
(1) for which a new tax identification number is established under IC 36-2-9-18; and
(2) that applies to real property that is subject to planning, zoning, development, or subdivision control ordinances adopted under IC 36-7-4.
(b) This section does not apply to a subdivision plat or planned unit development that has already received plan commission approval or plan director approval.
(c) The recorder may receive an instrument for recording or filing only if the instrument, in addition to complying with the requirements of section 15 of this chapter, has a written confirmation executed under IC 36-2-9-18.5. The recorder shall record the written confirmation as an attachment to the instrument.
