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Committee hears bill to put Hoosier Homestead program into law and allow local remonstrance for eminent domain

2151036 · January 22, 2025
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Summary

House Bill 1265 would codify the Hoosier Homestead program and create a limited local remonstrance process for century-family farms facing fee-simple condemnation; committee discussion ended with sponsors planning technical amendments and the measure held for future action.

A committee hearing on House Bill 1265 described a proposal to place the Hoosier Homestead Farm Program into statute and to give qualifying century-family farms a limited opportunity to remonstrate at the local level before a fee-simple condemnation proceeds.

The bill’s sponsor told the Agriculture Committee HB1265 would record the Hoosier Homestead program in law, direct the Indiana State Department of Agriculture (ISDA) to maintain an electronic registry of designated homestead farms and provide a narrowly tailored remonstrance process when a fee-simple taking is proposed. The remonstrance would notify the local legislative body where a majority of the homestead farm resides (typically the county commissioners in unincorporated areas) and give that body a chance to review the proposed condemnation. The sponsor said the remonstrance does not apply to easements, leases, voluntary sales or good-faith negotiations in eminent-domain proceedings.

Witnesses with long family farm histories—Linda Norton (an 8th-generation farmer), Jason Abel (4th-generation farmer and county commissioner) and others—testified in favor of codifying the Hoosier Homestead program, saying the designation recognizes multi-generational family farms and could provide an extra procedural step when eminent domain is considered for fee-simple acquisitions.

Quentin Hayes, ISDA legislative director, testified neutral on HB1265 and described the existing Hoosier Homestead award as a ceremonial program dating to 1976. Hayes suggested statutory adjustments that ISDA would support, including clarifying application requirements and ensuring parcels nominated meet stated thresholds (for example, length of continuous family ownership and minimum acreage or gross farm income requirements for smaller parcels).

Committee members asked procedural questions about the proposed board and application process, and a member requested time to see specific amendment language before voting. The sponsor and ISDA staff said they were working on technical clarifications and the chair agreed to hold the bill for the next meeting while amendments are prepared.

No final committee vote on HB1265 was recorded in the transcript; sponsors and staff planned to bring technical edits on second reading or at the next committee meeting.