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Committee hears bill to codify Hoosier Homestead program, adds local remonstrance option against eminent domain
Summary
House Bill 1265 would place the Hoosier Homestead Farm program into statute, create an electronic registry, and give qualifying century‑plus family farms a limited local appeal when a fee‑simple taking for eminent domain is proposed; the committee held the bill for technical amendment.
The House Agriculture Committee heard testimony on House Bill 1265, which would place the Hoosier Homestead Farm recognition program into statute, create a registry of qualifying farms, and provide a local remonstrance process when a county or municipality contemplates fee‑simple condemnation of a registered homestead farm.
Representative Green, sponsor of the bill, told the committee HB 1265 “first puts the Hoosier Homestead Farm Program into statute,” and described a limited process that would notify a local legislative body if an offer to acquire all or part of a registered homestead farm is rejected by the family. “1265 simply gives a homestead farm the right to make one final appeal to their local legislative body to review the potential condemnation,” Representative Green said, adding that the process applies only to a fee‑simple taking and does not apply to easements, leases, voluntary sales or good‑faith negotiations.
Why it matters: Supporters said many Hoosier farms have been held in families for generations and that codifying the program would preserve a formal record and give registered homestead farms an additional, local review step before condemnation. Proponents said the change would not create a blanket exemption from eminent domain; local bodies must still find no feasible and prudent alternative before approving a taking.
Testimony included multiple family farm owners and county officials. Linda Norton, an owner of an eighth‑generation farm and past Hoosier Homestead award recipient, described the program’s paperwork and the significance of the award to families. Jason Abel, a county commissioner and fourth‑generation farmer, said HB 1265 would complement broader farmland protection efforts in his rapidly growing county.
Quentin Hayes of the Indiana State Department of Agriculture testified neutral and suggested statutory clarifications that ISDA would like to see — for example, adding property‑tax compliance and formal application steps into statute — and described the current program as ceremonial in nature. “A little bit about how the program works…families enroll land that has met all the requirements,” Hayes said, listing the program’s current 100‑, 150‑ and 200‑year thresholds and noting ISDA’s interest in codifying administrative elements.
Committee action: The sponsor indicated he was working with ISDA on technical changes and the chair held the bill for a future meeting to allow those amendments. No committee vote was recorded on HB 1265 during the session.
What’s next: The sponsor and ISDA staff will discuss technical amendments; the bill is expected to return to committee with proposed changes before further consideration.
