Reprinted
February 20, 2013
HOUSE BILL No. 1433
_____
DIGEST OF HB 1433
(Updated February 19, 2013 4:43 pm - DI 75)
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.
Reprinted
February 20, 2013
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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HOUSE BILL No. 1433
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-2-9-18.5; (13)HB1433.2.1. -->
SECTION 1. IC 36-2-9-18.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 18.5. (a) This section applies only to an instrument
dividing real property for which a new tax identification number
is established under section 18 of this chapter.
(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.
SOURCE: IC 36-2-11-14.5; (13)HB1433.2.2. -->
SECTION 2. IC 36-2-11-14.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]:
Sec. 14.5. (a) This section applies only
to an instrument:
(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.