HB 1527 IN

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Passed One Chamber

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.

• Chuck Goodrich · author
• Blake Doriot Republican · sponsor
• Philip Boots · sponsor

1. Jan 14, 2021 Coauthored by Representative Ellington · lower
2. Jan 14, 2021 Authored by Representative Goodrich · lower
3. Jan 14, 2021 First reading: referred to Committee on Local Government · lower
4. Feb 16, 2021 Committee report: amend do pass, adopted · lower
5. Feb 18, 2021 Second reading: ordered engrossed · lower
6. Feb 22, 2021 Third reading: passed; Roll Call 207: yeas 63, nays 33 · lower
7. Feb 22, 2021 Representative Carbaugh added as coauthor · lower
8. Feb 22, 2021 Representative Hostettler added as coauthor · lower
9. Feb 22, 2021 Senate sponsors: Senators Doriot and Boots · lower
10. Feb 23, 2021 Referred to the Senate · lower
11. Mar 11, 2021 First reading: referred to Committee on Local Government · upper

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.

• House Bill (H) · Feb 16, 2021 · PDF
• Introduced House Bill (H) · Jan 13, 2021 · PDF