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Bill Watch, Feb. 29, 2016: 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 29, 2016

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@icemiller.com.

Click here to view the full Bill Watch reports.

HB1025    ALTERNATE REZONING PROCEDURE. (MILLER D) Creates an optional alternate procedure to apply to rezoning proposals that provides the following: (1) If the plan commission makes a favorable recommendation, the rezoning proposal becomes effective unless an aggrieved person or the legislative body notifies the plan commission by a specified date. (2) If the plan commission makes an unfavorable recommendation or no recommendation, the rezoning proposal is defeated unless an aggrieved person or the legislative body notifies the plan commission by a specified date. (3) If the plan commission is notified by an aggrieved person or the legislative body by a specified date, the legislative body shall consider and make the final determination on the rezoning proposal. Reconciles a conflict in a statute concerning rezonings within an excluded city.

HB1222    CONDOMINIUMS AND HOMEOWNERS ASSOCIATIONS. (BURTON W) Makes the following amendments to the statutes concerning condominiums and homeowners associations: (1) Removes the requirement that the amendment of: (A) a condominium declaration; or (B) the governing documents of a homeowners association; requires the written consent of eligible mortgage holders. (2) Provides that a condominium co-owner or a homeowners association member is entitled to attend any meeting of the condominium's or homeowners association board, including an annual meeting. (3) Repeals provisions requiring condominium instruments and the governing documents of homeowners associations to include grievance resolution procedures. (4) Makes technical changes. Makes the following amendments to the statute concerning homeowners associations: (1) Specifies that certain provisions of the homeowners association statute apply to a homeowners association established before July 1, 2009, regardless of whether the members of the homeowners association have elected to be governed by the statute. (2) Provides that a homeowners association is not required to disclose communications that: (A) are initiated by the association or by a member of the association; and (B) concern suspected criminal activity by another member of the association. (3) Provides that in an enforcement action by the attorney general under the statute, the court may impose a civil penalty not exceeding $500 on an individual determined by the court to have exercised a proxy in violation of the statute.

HB1232    BACKGROUND CHECKS FOR REAL ESTATE BROKERS. (CLERE E) Requires an individual applying for an initial real estate broker's license to submit to a national criminal history background check at the cost of the individual. Requires an individual seeking a renewal of a real estate broker's license to submit to an expanded criminal history check or a national criminal history background check at the cost of the individual. Allows for the Indiana professional licensing agency to determine whether individuals seeking certain initial licenses or initial certificates administered by the agency to submit to either an expanded criminal history check or a national criminal history background check at the cost of the individual.

HB1290    STATE AND LOCAL FINANCE. (BROWN T) Reorganizes the statutes concerning riverboat admissions tax distributions by: (1) moving distribution provisions for the Lake County riverboats into a new section organized by riverboat; and (2) moving into a new section provisions concerning the use of admissions tax revenue and the supplemental distribution. Allocates the admissions tax revenue that is paid to the northwest Indiana redevelopment authority (RDA) in satisfaction of Lake County's obligations to the authority equally among the four riverboats operating in Lake County. Changes the deadline for paying the supplemental distribution from September 15 to July 15. Provides for quarterly payments of admission taxes used to reimburse the state for certain income tax credits provided in Lake County and to provide additional funding to the authority. Provides that the economic development projects that may be carried out by the RDA include destination based economic development projects that meet certain conditions. Provides that the RDA may make loans, loan guarantees, and grants or provide other financial assistance to or on behalf of a member municipality that is eligible to make an appointment to the development board and is compliant with the revenue transfer requirements. Repeals provisions enacted in 2015 concerning the assessment of: (1) certain limited market or special purpose property; and (2) commercial nonincome producing real property. Provides that in addition to the factors under current law, the department of local government finance (DLGF) shall also provide for the classification of improvements on the basis of market segmentation. Specifies that with respect to the assessment of an improved property, a valuation does not reflect the true tax value of the improved property if the purportedly comparable sale properties supporting the valuation have a different market or submarket than the current use of the improved property, based on a market segmentation analysis. Specifies that a market segmentation analysis must be conducted in conformity with generally accepted appraisal principles and is not limited to the categories of markets and submarkets enumerated in the rules or guidance materials adopted by the DLGF. Provides that true tax value shall be determined under the rules of the DLGF (subject to the provisions of the property tax article), and that the DLGF's rules may include examples to illustrate true tax value. Specifies that true tax value does not mean the value of the property to the user. Provides that in the case of a limited market or special purpose property that: (1) is commonly regarded as a big box retail building under standard appraisal practices and is at least 50,000 square feet; and (2) is occupied by the original owner or by a tenant for which the improvement was built; if a taxpayer files an assessment appeal after March 31, 2016, and the effective age of the improvements is 10 years or less, the taxpayer must provide to the assessor information concerning the actual construction costs for the real property. Provides that a holder of a tax sale certificate may not bring a property tax appeal. Specifies that for purposes of the industrial recovery tax credit, "industrial recovery site" means land on which a vacant plant having at least 100,000 square feet of total floor space: (1) exists as of the date an application is filed with the Indiana economic development corporation (IEDC); or (2) existed five years before the date an application is filed with the IEDC. Deletes from current law the process involving an application to the IEDC for designation of a location as an industrial recovery site. Provides that if the IEDC approves a taxpayer's application for an industrial recovery tax credit, the IEDC shall require the applicant to enter into an agreement as a condition of receiving an tax credit. Provides that the treasurer of state shall discharge any remaining unpaid interest on the obligation issued by the capital improvement board to the treasurer of state in 2009, if the capital board submits payment of the principal amount to the treasurer of state before the stated final maturity of that obligation. Provides that the gasoline tax does not apply to a fuel blend nominally consisting of more than 87% ethanol and less than 13% gasoline. Specifies that the gasoline tax exemption for gasoline exported from Indiana to another state, territory, or foreign country includes gasoline sold to another person for export from Indiana. Authorizes the department of local government finance (DLGF) to incorporate by reference in an administrative rule certain formatting, coding, and transmission requirements for data that must be submitted by counties. Specifies additional information that must be reported by each redevelopment commission to the unit's executive and fiscal body and to the DLGF. Specifies that the following apply to funds of redevelopment commissions: (1) The funds must be maintained and accounted for separately and may not be commingled with any assets or funds of any other unit or political subdivision. (2) The funds may not be transferred to any accounts or funds established by or for another unit or political subdivision, and the funds may not be used to pay for expenses of another unit or political subdivision. Urges the legislative council to assign the following topics to a study committee: (1) Whether a heavy equipment vehicle excise tax, instead of the property tax, should be imposed on certain heavy equipment vehicles. (2) The appropriate amount of the fee that should be charged for the registration of certain vehicles used in connection with logging.

HB1294    LOCAL GOVERNMENT MATTERS. (JUDY C) Provides that in the case of the construction, remodeling, redevelopment, rehabilitation, or repair of real property for which public funds are used and that is owned by a private person after completion of the project, the county assessor must reassess the property by carrying out a physical inspection. Provides that in the case of a city park board, the appointee by the school board may be either a member of the school board or a resident of the school corporation. (Under current law, such an appointee must be a member of the school board.)

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