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Committee hears bill to codify Hoosier Homestead program and give homestead farms limited remonstrance against eminent domain
Summary
House Bill 1265 would put the Hoosier Homestead Award program into statute, create an electronic registry for centennial farms and give qualifying homestead farms a local remonstrance step before fee‑simple eminent domain; ISDA testified neutrally and the committee deferred technical changes for a future meeting.
Representative Green presented House Bill 1265, which would codify the Hoosier Homestead Award program, require an ISDA-maintained registry of qualifying homestead farms and create a limited process for a registered homestead farm to remonstrate to the local legislative body before a fee-simple condemnation.
The measure is aimed at families that have owned and operated the same farm for multiple generations and would not create a blanket exemption from eminent domain. Instead, the bill would trigger notice to the local legislative body and give that body a chance to review a proposed fee-simple taking; the local body would still have to determine whether there is a feasible and prudent alternative to using the homestead farm for the public purpose.
Representative Green said the bill gives “Hoosier Homestead Families a voice to push back against potential condemnation” and described the program’s heritage: the Hoosier Homestead Award began in 1976 and has recognized more than 6,000 multi‑generational farms. Linda Norton, an 8th‑generation farmer who received a Hoosier Homestead award in 1996, testified in support and described the paperwork and genealogy required to document continuous family ownership.
Quentin Hayes, legislative director for ISDA, testified neutral and described the current program as ceremonial and administered by ISDA. Hayes recommended several technical amendments ISDA would like considered for statute, such as making property‑tax compliance part of the application requirements and clarifying that the protection applies to the parcel of land designated as the homestead.
Jason Abel, a county commissioner and fourth‑generation farm owner, testified that the bill complements other farmland protection measures and helps communities manage growth pressures. Committee members asked clarifying questions about the scope of remonstrance and whether the protection applies to easements or only to fee‑simple takings; witnesses and the author stressed the protection is limited to fee‑simple condemnation and does not affect voluntary sales, easements or negotiated acquisitions.
The committee did not vote on House Bill 1265 at this meeting. Representative Green and ISDA staff said they were working on technical changes; the author told the chair the bill will be held until those edits are prepared for the committee’s next agenda. Action: the bill was held for amendment and further consideration; no committee vote was recorded on HB1265 at this hearing.
Supporters framed the bill as recognition of long family farm continuity and as a narrowly tailored procedural protection for farms that have been in one family for 100 years or more. ISDA recommended statutory language to improve the application and registry process if the committee elects to move the bill forward.
The measure will return to committee once staff and the author finalize technical edits, and committee members indicated they expect to consider chairman’s amendments or second‑reading language at that time.
