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Bill Watch, Jan. 23, 2015: Current Real Estate & Land Use Legislation of Note - Real Estate and Land Use News

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Real Estate and Land Use News


Posted on: Jan 23, 2015

The IndyBar Legislative Committee is currently monitoring the following real estate and land use related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemillerstrategies.com.

Click here to view the full Bill Watch reports.

HB1328 LIENS ON REAL PROPERTY. (SLAGER H) Provides that if: (1) a person intends to acquire a lien on real property after June 30, 2015; and (2) there is no requirement under any other state law that the person or another person must notify the owner of the real property of the person's intention to acquire the lien; the person who wishes to acquire the lien must file a sworn statement and notice of the person's intention to acquire the lien in the county recorder's office of the county in which the real property is located. Requires the county recorder to: (1) record a copy of the statement and notice of intention in the appropriate record book of the county recorder's office; (2) send by first class mail a copy of the statement and notice of intention to the owner of the real property; and (3) collect a fee of $2 from the person who filed the statement and notice of intention for each statement and notice of intention that is sent by first class mail.

HB1626 ORDINANCES CONCERNING APPEARANCE OF REAL PROPERTY. (HARMAN T) Prohibits a political subdivision from: (1) adopting an ordinance after December 31, 2014; or (2) enforcing an ordinance adopted after December 31, 2014; that regulates the appearance of real property or the appearance of a building or fixture located on real property if the real property is owned by a private person and contains a building used as a residence by a private person unless the ordinance will mitigate an actual or a probable hazard to public health or safety. Makes exceptions for ordinances adopted after December 31, 2014, that regulate real property that is located in a specific geographic territory that: (1) has been designated as a registered historic district under the National Historic Preservation Act of 1966 or the jurisdiction of a preservation commission; or (2) encompasses buildings, structures, sites, or other facilities that are listed on the national register of historic places or listed on the register of Indiana historic sites and historic structures.

HB1642 DISCLOSURE OF COVENANTS. (SCHAIBLEY D) Requires a person selling real estate subject to a homeowners association to disclose covenants, conditions, and restrictions adopted or enforced by the homeowners association.

SB376
LAND RECLASSIFICATION. (DELPH M) Provides that if a taxpayer's land is classified as agricultural land at the time of the taxpayer's acquisition of the land, the land is presumed to be agricultural land as long as the taxpayer uses the land in the same manner as the person from whom the taxpayer acquired the land. Provides that agricultural land may not be reclassified as excess residential land without notice and, upon the request of a taxpayer, provides a hearing before the county property tax assessment board of appeals.

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