Eminent domain.
Summary
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.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
House Passage
Feb 2021
Senate Passage
Governor
Introduced Jan 14, 2021
Last action Mar 11, 2021
Floor votes · House Feb 22, 2021
How they voted
63–33
Passed · 3 other
Total votes 99
Feb 22, 2021
D
Democratic29
86% Nay
I
Independent1
100% Yea
R
Republican69
84% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
11
Key actions
2
Committee
2
Feb 23, 2021
Committee
Referred to the Senate
lower
Feb 22, 2021
Lower · Passed
Third reading: passed; Roll Call 207: yeas 63, nays 33
lower
Feb 16, 2021
Lower · Passed
Committee report: amend do pass, adopted
lower
3 primary · 3 co-sponsors
Sponsors
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