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Bill Watch, April 17, 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: Apr 17, 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

Click here to view the full Bill Watch reports.
SB436    STATE AND LOCAL TAXATION. (HERSHMAN B) Provides that if a taxpayer has personal property subject to assessment in more than one township in a county or has personal property that is subject to assessment and that is located in two or more taxing districts within the same township, the taxpayer shall file a single tax return with the county assessor. Provides that a personal property return notice must be filed with the county assessor, and not the township assessor, of the county in which the owner resides when the personal property is located in a different county. Requires, for the county option $20,000 personal property exemption, that the owner's certification be notarized and signed under penalties for perjury. Extends the expiration date of the law specifying the value of outdoor signs through the 2018 assessment date. Specifies that for purposes of property tax assessment, certain land is considered to be devoted to agricultural use. Specifies that "agricultural use" includes certain uses defined as agricultural uses for purposes of planning and zoning law. Removes the requirement in current law that such an exemption is effective in a county only if adopted by the county income tax council. Provides that the soil productivity factors used for the March 1, 2011, assessment of agricultural land must be used for the March 1, 2015, assessment date. Specifies that new soil productivity factors shall be used for assessment dates occurring after March 1, 2015. Specifies for the 2015 and 2016 assessment dates that the agricultural land base rate is the lesser of the calculated base rate or the previous year base rate increased by the assessed value gross quotient (which is based on personal income growth). Specifies conditions for valuing real property that has an improvement consisting of a big box retail building. Removes the provision specifying that the statute governing the assessment of agricultural land does not apply to land purchased for residential uses. Specifies that in the case of a change occurring after February 28, 2015, in the classification of real property, the assessor has the burden of proving that the change is correct in any review or appeal heard by the county board and in any appeals taken to the Indiana board of tax review or to the Indiana tax court. Allows county assessors to apply negative influence factors to determine the assessed value of land classified as residential excess land. Provides that the basement of a dwelling or other building that is situated in a special flood hazard area as designated by the Federal Emergency Management Agency is exempt from property taxation if: (1) the basement floor level has been elevated to mitigate the risk of flooding; and (2) as a result, the basement is rendered unusable as living space. Specifies that, to be eligible for a homestead deduction for property that an individual is buying under contract, the contract must obligate the owner to convey title to the individual upon completion of all of the individual's contract obligations. Provides that on the form forwarded by the assessor to the county auditor and the property tax assessment board of appeals (county board) after a preliminary informal meeting with a taxpayer, the assessor must attest that the assessor described to the taxpayer the taxpayer's right to a review of the issues by the county board and the taxpayer's right to appeal to the Indiana board of tax review and to the Indiana tax court. Provides that for property tax appeals for the 2014 assessment date, or before, a county auditor may pay refund claims greater than $100,000 over a period of five years (through 2019) by using credits against future property taxes owed on the property. Authorizes a county fiscal body to adopt an ordinance to allow political subdivisions and local agencies within the county to use a uniform property tax disclosure form. Specifies the information that must be disclosed on the form. Provides that if an ordinance is adopted, the county and other local governmental entities in the county may require a person applying for property tax exemptions, property tax deductions, zoning changes or zoning variances, building permits, or other locally issued licenses or permits to submit a disclosure form. Authorizes a county and other local governmental entities to include policies for ensuring that an applicant's property taxes are paid in the process of approving applications for property tax exemptions, property tax deductions, zoning changes or zoning variances, building permits, or other locally issued licenses or permits. Requires a review of property tax levies and rates by the department of local government finance for any fire protection territory that has uniform property tax rates. Requires an individual to hold the certification of a level two assessor-appraiser to be a member of the Indiana board of tax review after December 31, 2016. Authorizes the department of local government finance (DLGF) to increase the maximum property tax levy of Brown Township, Jackson Township, and Blue River Township in Hancock County if the township submits a petition to the DLGF requesting the increase. Specifies the maximum increase that may be granted. Permits Brown County to impose an additional property tax levy of $478,115 each year in 2016 and 2017. Provides that if a certified technology park is operated under an agreement among two or more redevelopment commissions (RDCs), the (RDCs) may still receive incremental state tax revenue attributable to a county that has reached the $5,000,000 cap and that the state tax revenue is to be divided equally among the other RDCs. Provides that RDCs may agree to a different allocation. Provides that a certified technology park may capture up to $1,000,000 of additional incremental state and local income tax and state sales tax revenue every four years after the cap is reached. Specifies requirements that must be met by the certified technology park before the additional revenue is deposited in the certified technology park incremental financing fund. Urges the legislative council to assign to a study committee the issue of alternative means of agricultural land assessment. Urges a legislative study of methods used to determine the true tax value for nonincome producing commercial property.

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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