SB 340 Indiana Senate · 2020 Regular Session

Private property matters.

Summary
Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
Bill status signed all 5 stages cleared
Introduction
Mar 2020
Committee Review
Mar 2020
Senate Passage
Jan 2020
House Passage
Mar 2020
Signed into Law
Mar 2020
Introduced Mar 3, 2020 Signed Mar 18, 2020
Floor votes · Senate Jan 28, 2020 · House Mar 2, 2020

How they voted

365
Passed
Total votes 41
Jan 28, 2020
D Democratic8
4 Yea 4 Nay
50% Nay
R Republican33
32 Yea 1 Nay
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
37
Key actions
8
Committee
5
Amendments
4
Mar 18, 2020
Signed into law
Signed by the Governor
executive
Mar 10, 2020
Lower · Passed
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 364: yeas 94, nays 0
lower
Mar 10, 2020
Upper · Passed
Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 359: yeas 41, nays 7
upper
Mar 10, 2020
Introduced
CCR # 1 filed in the House
lower
Mar 10, 2020
Introduced
CCR # 1 filed in the Senate
upper
Mar 3, 2020
Amended
Senate dissented from House amendments
upper
Mar 3, 2020
Introduced
Motion to dissent filed
upper
Mar 3, 2020
Amended
Returned to the Senate with amendments
lower
Mar 2, 2020
House · Passed
House Vote: pass (56-29-7)
house
Feb 27, 2020
Amended
Amendment #1 (Shackleford) failed; Roll Call 230: yeas 28, nays 62
lower
Feb 25, 2020
Lower · Passed
Committee report: amend do pass, adopted
lower
Jan 29, 2020
Committee
Referred to the House
upper
Jan 28, 2020
Senate · Passed
Senate Vote: pass (36-5)
senate
Jan 27, 2020
Upper · Passed
Amendment #1 (Spartz) prevailed; voice vote
upper
Jan 23, 2020
Upper · Passed
Committee report: amend do pass, adopted
upper
3 primary · 5 co-sponsors

Sponsors