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Committee hears bill to statute Hoosier Homestead program and add limited remonstrance against eminent domain (HB 1265)
Summary
Representative Green presented House Bill 1265 to place the Hoosier Homestead Award program into statute and create a limited local remonstrance process for family farms facing fee-simple condemnation; ISDA testified neutral and asked for technical changes. The committee held the bill for amendment and further review.
Representative Green presented House Bill 1265 to the House Agriculture Committee, proposing to codify the Hoosier Homestead Farm Program into statute and to create a limited remonstrance process allowing qualifying multi-generational family farms to seek review by the local legislative body before fee-simple condemnation proceeds.
Under the bill as described, the Hoosier Homestead Farm Program would be placed in statute; ISDA would maintain an electronic registry of qualifying homestead farms. The remonstrance process would apply only to a fee-simple taking of a homestead farm and would not apply to the acquisition of an easement, leases, voluntary sales, or good‑faith negotiations during the eminent-domain process.
Why it matters: Supporters described the bill as a way to give long-held family farms an additional local review step before a fee-simple condemnation, preserving generational farms and providing a formal avenue to present the farm’s historical and community value. Representative Green said it would balance the needs of public projects against the centuries-long holdings of some family farms.
Testimony and technical changes: Linda Norton, an eighth-generation Hoosier Homestead farm owner, supported codifying the program and spoke about the importance of preserving family farms. Jason Abel, a fourth-generation farmer and county commissioner, urged policy action to protect agriculture amid growth pressures. Quentin Hayes of ISDA testified neutral and suggested specific statutory clarifications the department would like added, including adding the program’s application process and ensuring property taxes be paid up to date for eligibility; ISDA also described the current program as ceremonial and recommended definitional and process clarifications.
Limitations and scope: Representative Green and witnesses stressed the remonstrance is a limited local review and not a blanket prohibition on condemnation; local bodies must still determine whether a proposed taking is necessary and whether feasible and prudent alternatives exist. The bill would not prevent condemnation when there is no feasible and prudent alternative.
Committee action: Representative Green said he would work with ISDA and staff on technical changes and the committee chair indicated the bill would be held until that amendment language is available for the next meeting.
Ending: The committee did not adopt final action on HB 1265 at this hearing; members asked for the author’s technical revisions and signaled follow up on second reading.
