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Bill Watch, Feb. 13, 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: Feb 13, 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.

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.

SB531    VARIOUS TAX SALE MATTERS. (HEAD R) Makes numerous changes to the tax sale statute, including the following: (1) Provides that a purchaser of real property by an installment land contract may request notice of the tax sale list. (2) Adds an alternative provision for a county executive to transfer a tax sale property to a nonprofit entity. For purposes of these provisions, defines the "county executive" of Marion County to mean the board of commissioners (consisting of the county auditor, county treasurer, and county assessor). (3) Provides that a county treasurer may use money held on a person's behalf in the tax sale surplus fund to pay property taxes and special assessments that become due during the tax sale redemption period. (4) Provides that a court may consider a petition for a tax deed without conducting a hearing if there are not any written objections filed. (5) Provides that the amount required for redemption of property includes all taxes, assessments, interest, and penalties that are delinquent after the sale. Provides that a political subdivision may conduct an electronic auction of surplus real property held by the political subdivision. Repeals the following: (1) A provision authorizing a county to adopt an ordinance allowing a county auditor to accept a bid that is less than the minimum bid normally required by the tax sale statute. (2) A provision requiring the state board of accounts to specify a form of tax deed to use when a grantee other than a purchaser takes the tax deed. (3) Several provisions that specify what action to take if the tax deed is ineffectual to convey title to tax sale property. (4) A provision specifying how a grantee of a tax deed recovers money owed to the grantee in the context of an action to quiet title filed by the grantee. (5) An obsolete provision that allowed a county to adopt an ordinance requiring the county treasurer to waive certain penalties and interest on delinquent property taxes. Makes conforming changes.

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