SB 288 IN

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Passed One Chamber

Defines a "pipeline company" and a "public utility" for purposes of the statute governing the general procedures to be used in acquiring property by eminent domain. Provides that in an eminent domain action filed by a public utility or a pipeline company after June 30, 2022, if a defendant files written exceptions to the assessment of the court appointed appraisers, the defendant may file a request for mediation at the same time the exceptions are filed. Provides that if the defendant files a request for mediation: (1) the court shall appoint a mediator not later than 10 days after the request is filed; (2) the plaintiff shall engage in good faith mediation with the defendant; (3) the mediation must be concluded not later than 90 days after the appointment of the mediator; and (4) the plaintiff shall pay the costs of the mediator. Provides that if the parties are unable to reach an agreement as to the assessment of the damages in a mediation, the case shall proceed to trial. Provides that in any trial of exceptions in an eminent domain proceeding: (1) the court appointed appraisers' report; and (2) the amount of the court appointed appraisers' assessment of damages upon which the exceptions in the trial are based; are not admissible as evidence in the proceedings. Provides, however, that a court appointed appraiser may: (1) testify at trial without reference to the report of the court appointed appraisers or to the appraiser's previous appointment in the case; and (2) be examined as to the value of the property sought to be acquired independent of the report and without reference to it; as set forth in existing Indiana case law. Changes the amount of litigation expenses a court shall allow a defendant in any trial in an eminent domain proceeding in which the amount of damages awarded to the defendant by the judgment is greater than the amount specified in the plaintiff's last offer of settlement.

• Brian Buchanan Republican · author
• Jeff Raatz Republican · author
• Beau Baird Republican · sponsor

1. Jan 10, 2022 Authored by Senator Buchanan · upper
2. Jan 10, 2022 First reading: referred to Committee on Judiciary · upper
3. Jan 27, 2022 Committee report: amend do pass, adopted · upper
4. Jan 31, 2022 Amendment #3 (Buchanan) prevailed; voice vote · upper
5. Jan 31, 2022 Amendment #1 (Young M) prevailed; voice vote · upper
6. Jan 31, 2022 Second reading: amended, ordered engrossed · upper
7. Feb 1, 2022 Senator Raatz added as second author · upper
8. Feb 1, 2022 Senator Gaskill added as coauthor · upper
9. Feb 1, 2022 Third reading: passed; Roll Call 169: yeas 43, nays 6 · upper
10. Feb 1, 2022 House sponsor: Representative Baird · upper
11. Feb 1, 2022 Cosponsor: Representative Soliday · upper
12. Feb 2, 2022 Referred to the House · upper
13. Feb 8, 2022 First reading: referred to Committee on Judiciary · lower
14. Feb 8, 2022 Representative Cherry added as cosponsor · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Engrossed Senate Bill (S) · Jan 31, 2022 · PDF
• Introduced Senate Bill (S) · Jan 10, 2022 · PDF
• Senate Bill (S) · Jan 27, 2022 · PDF