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 firstname.lastname@example.org.
Click here to view the full Bill Watch reports.
HB1021 RETALIATORY LAWSUITS AGAINST ZONING REMONSTRATORS. (PRYOR C) Specifies, for purposes of Indiana's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, that an "act in furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Indiana in connection with a public issue" includes conduct by remonstrators who express an opinion relating to planning, zoning, land use, eminent domain, and similar matters, even if the eventual determination of the matter affects only private interests.
HB1037 CONSTRUCTION OR DESIGN CONTRACTS. (TORR J) For purposes of the statute providing for the invalidity of an indemnity agreement related to negligence or willful misconduct in connection with a construction or design contract, removes the word "sole" as a descriptor of the negligence or willful misconduct at issue. Makes a technical correction.
HB1101 ADJUSTMENT OR MOVEMENT OF ADVERTISING SIGNS. (CHERRY R) Provides that the owner or operator of an outdoor advertising sign may adjust the height of the sign or relocate the sign due to changes that would obstruct the sign's visibility. Provides that a height adjustment does not alter a nonconforming sign's status. Provides that a county or municipality must (if necessary) provide for the height adjustment or relocation by ordinance for a special exception to its zoning ordinance. Establishes guidelines for the size and viewing angle of a height adjusted or relocated sign.
HB1117 PERFORMANCE BOND REQUIREMENTS. (MILLER D) Provides that a local governmental unit and a land developer may agree to the partial release of a performance bond or other surety required of the land developer to ensure the completion of certain unfinished improvements and installations in a subdivision on a more frequent basis than an annual basis. (Under current law, a performance bond or other surety may be partially released on an annual basis, which would continue to be permitted.) Makes a technical change to make language in the statute uniform.
HB1121 PROTECTION OF PRIVATE PROPERTY. (MILLER D) Allows an owner of real property or a person with a vested right to a specific use of real property to seek compensation from a governmental entity if a specific action taken by the governmental entity inordinately burdened an existing use of the real property or a vested right to a specific use of the real property. Provides that statutes: (1) providing immunity from tort liability for governmental entities and employees when the loss occurs under certain circumstances; and (2) prohibiting the award of punitive damages against governmental entities and employees acting within the scope of their employment; do not apply to claims for inordinately burdening use of real property. Requires a property owner, before filing an action, to submit to the governmental entity the property owner's claim and an appraisal that supports the claim and demonstrates the loss in fair market value to the real property. Requires a governmental entity to which a property owner's claim is submitted to make a written settlement offer to the property owner and to issue a written statement identifying the property's allowable uses. Authorizes the property owner to file a civil action for compensation in the circuit or superior court of the county in which the real property is located, if the property owner rejects the settlement offer. Requires the court to determine whether an existing use of the real property or a vested right to a specific use of the real property existed and, if so, whether the governmental entity inordinately burdened that use or vested right. Specifies that if the court's determination is in the property owner's favor, the court shall impanel a jury to determine the total amount of compensation to the property owner for the loss in value due to the inordinate burden. Provides for an award of reasonable costs and attorney's fees under certain circumstances.
HB1132 PLANNING AND ZONING. (ELLINGTON J) Changes the definition of "urban area" for purposes of a land use provision regarding the use and alienation of mineral resources or forests to include any lands or lots used for residential purposes where there are at least 50 residences (instead of eight residences) within any quarter mile square area.
SB121 ADVERSE POSSESSION. (KOCH E) Permits a person or other entity exempt from the payment of property taxation to claim property by adverse possession.
SB129 CONSTRUCTION PERMITS AND PLAN REVIEW. (MESSMER M) Amends the definition of "project" for purposes of construction permits and plan review.