SB 340

  • Indiana Senate Bill
  • 2020 Regular Session
  • Introduced in Senate
  • Passed Senate Jan 28, 2020
  • Passed House Mar 02, 2020
  • Signed by Governor Mar 18, 2020

Private property matters.

Bill Subjects

Eminent Domain Property

Abstract

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 Sponsors (8)

Votes


Actions


Mar 18, 2020

Office of the Governor

Signed by the Governor

Senate

Public Law 80

Senate

Signed by the President of the Senate

Mar 16, 2020

House

Signed by the Speaker

Mar 12, 2020

Senate

Signed by the President Pro Tempore

Mar 10, 2020

House

CCR # 1 filed in the House

House

Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 364: yeas 94, nays 0

Senate

Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 359: yeas 41, nays 7

Senate

CCR # 1 filed in the Senate

Mar 04, 2020

House

House advisors appointed: Sherman, Manning, DeLaney and Pierce

House

House conferees appointed: Wolkins and Bauer

Mar 03, 2020

Senate

Senate conferees appointed: Spartz and Taylor G

Senate

Senate dissented from House amendments

House

Returned to the Senate with amendments

Senate

Motion to dissent filed

Senate

Senate advisors appointed: Koch, Randolph Lonnie M, Buck and Mrvan

Mar 02, 2020

House

Third reading: passed; Roll Call 262: yeas 62, nays 31

Feb 27, 2020

House

Representative Manning added as cosponsor

House

Amendment #1 (Shackleford) failed; Roll Call 230: yeas 28, nays 62

House

Second reading: ordered engrossed

Feb 25, 2020

House

Committee report: amend do pass, adopted

Feb 10, 2020

House

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

Jan 29, 2020

Senate

Referred to the House

Jan 28, 2020

Senate

Senator Raatz added as coauthor

Senate

Senator Buck added as coauthor

Senate

Third reading: passed; Roll Call 85: yeas 43, nays 7

Senate

House sponsor: Representative Wolkins

Senate

Senator Randolph added as coauthor

Senate

Senator Rogers added as coauthor

Jan 27, 2020

Senate

Amendment #1 (Spartz) prevailed; voice vote

Senate

Senator Koch added as second author

Senate

Second reading: amended, ordered engrossed

Jan 23, 2020

Senate

Committee report: amend do pass, adopted

Jan 13, 2020

Senate

First reading: referred to Committee on Judiciary

  • Reading-1
  • Referral-Committee
judiciary

Senate

Authored by Senator Spartz

Bill Text

Bill Text Versions Format
Introduced Senate Bill (S) PDF
Senate Bill (S) PDF
Engrossed Senate Bill (H) PDF
Senate Bill (S) PDF
Enrolled Senate Bill (S) PDF

Related Documents

Document Format
Fiscal Note: SB0340.05.ENRH.FN001 PDF
Committee Report: SB0340.04.COMH.CCH001 PDF
Committee Report: SB0340.04.COMH.CCS001 PDF
Fiscal Note: SB0340.04.COMH.FN001 PDF
Fiscal Note: SB0340.04.COMH.FN002 PDF
Fiscal Note: SB0340.04.COMH.FN003 PDF
Floor Amendment: SB0340.04.COMH.AMH002 PDF
Floor Amendment: SB0340.04.COMH.AMH003 PDF
Floor Amendment: SB0340.04.COMH.AMH004 PDF
Floor Amendment: SB0340.04.COMH.AMH005 PDF
Floor Amendment: SB0340.04.COMH.AMH006 PDF
Floor Amendment: SB0340.04.COMH.AMH007 PDF
Floor Amendment: SB0340.04.COMH.AMH001 PDF
Committee Report: SB0340.03.ENGS.CRH001 PDF
Fiscal Note: SB0340.03.ENGS.FN001 PDF
Fiscal Note: SB0340.03.ENGS.FN002 PDF
Committee Amendment: SB0340.03.ENGS.AMH07 PDF
Committee Amendment: SB0340.03.ENGS.AMH08 PDF
Committee Amendment: SB0340.03.ENGS.AMH09 PDF
Fiscal Note: SB0340.02.COMS.FN001 PDF
Floor Amendment: SB0340.02.COMS.AMS001 PDF
Committee Report: SB0340.01.INTR.CRS001 PDF
Fiscal Note: SB0340.01.INTR.FN001 PDF
Committee Amendment: SB0340.01.INTR.AMS02 PDF

Sources

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