Committee advances bill allowing farmers to donate agricultural conservation easements

State Representative Culp introduced House Bill 1234 to the House Agriculture Committee, proposing a statewide framework that would allow willing farmland owners to donate or bequeath agricultural conservation easements to preserve farmland for future agricultural use.

The bill would authorize the Indiana State Department of Agriculture (ISDA) to accept and hold conservation easements, allow county governments to establish local farmland-protection programs, and qualify donated easements to compete for federal matching or purchase funds. Representative Culp told the committee, “This bill creates a framework for willing farmland owners to donate their conservation easements, if they choose to protect their farms for future generations to utilize to grow food.”

Why it matters: presenters and witnesses said Indiana has lost substantial farmland in recent years. Chris Reynolds, Midwest regional director for American Farmland Trust, cited the 2023 inventory of lost farmland and urged passage, calling HB 1234 “a critical step for safeguarding Indiana’s agriculture future.” Witnesses said the state lost about 345,000 acres between 2010 and 2022 and that federal funding opportunities through USDA could be leveraged if a matching or enabling state program exists.

Key provisions and constraints discussed

- No state appropriation in the bill: multiple witnesses and ISDA staff noted the bill does not itself provide state funding to buy easements. ISDA’s Quentin Hayes said the department could implement and help counties if it received additional staffing and resources. He told the committee, “If House Bill 1234 were enacted, ISDA would be responsible for implementing the conservation easement program in coordination with the newly created protection board.”

- Multiple holding options: the bill permits ISDA to hold easements but does not prevent private land trusts from holding them. Representative Culp and witnesses referenced existing Indiana land trusts — for example, the Benjamin Harrison Land Trust — as alternatives to state holding.

- Appraisal and valuation: witnesses explained that appraisals would value land both as farmland and as if developed; the difference would determine the easement’s value. Testimony described that placing a permanent easement generally reduces the development value of the parcel while leaving agricultural use intact.

Public testimony and supporters

- American Farmland Trust (Chris Reynolds) and Indiana Farm Bureau (Caitlin Smith) spoke in support, urging the committee to create a mechanism to allow voluntary conservation easements and to position Indiana to access federal and philanthropic funds. Reynolds said the measure would “give farmers and landowners the option to protect their land for future generations.”

- Farmers and conservation organizations, including David Harden (a sixth-generation farmer) and Toby Day of the Hoosier Environmental Council, described easements as a succession and affordability tool for next-generation farmers.

Committee action

During the same hearing the committee moved to “pass as amended.” Recorded committee votes in the transcript show multiple affirmative votes and a small number of dissenting votes; the committee clerk’s roll-call in the transcript recorded several affirmative votes and at least two members indicating they were voting no at this time but might reconsider on the floor. The committee’s motion text in the record was: “Move to pass as amended.”

What the bill would not do

- HB 1234 does not create a state-funded purchase program in its current draft; it instead creates a statutory framework to accept donated or bequeathed easements and to make those easements eligible for federal or private matching funds. ISDA officials repeatedly said implementation would require additional staffing or resources if the department were to hold easements directly.

Next steps

The bill was advanced out of committee by motion; further drafting or amendments may be considered in subsequent committee or floor action as the bill proceeds through the legislative process.

Ending note: committee testimony showed broad support from agriculture and conservation groups, while ISDA signaled it could implement the program if the legislature provided staffing or other resources.