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Committee hears bill to codify Hoosier Homestead program and add remonstrance process for eminent domain
Summary
House Bill 1265 would place the Hoosier Homestead Award program into statute, create an electronic registry, and give qualifying farms a local remonstrance step against fee-simple eminent domain takings; ISDA offered technical suggestions and the bill was held for amendment work.
House Bill 1265, a proposal to codify the Hoosier Homestead Farm Program and create a limited remonstrance process for qualifying multigenerational farms facing fee-simple eminent-domain actions, was presented to the House Agriculture Committee.
The bill’s sponsor said 1265 would put the Hoosier Homestead Award program into statute, create an electronic registry of homestead farms and provide a local-level appeal step when a public entity seeks to acquire a homestead farm in fee simple. “1265 simply gives a homestead farm the right to make one final appeal to their local legislative body to review the potential condemnation,” the sponsor said, describing the narrow scope that excludes easements, leases and voluntary sales.
Supporters included long-time Hoosier Homestead award recipients and county officials who said the bill acknowledges the economic and cultural importance of long-running family farms. Linda Norton described her family’s 8th-generation farm and the value the award has for farm families; Jason Abel, a 4th-generation farmer and county commissioner, told the committee his community is experiencing rapid development pressure and said the bill would add a tool to protect agricultural heritage.
Quentin Hayes of the Indiana State Department of Agriculture testified neutral on 1265 and offered technical changes. ISDA staff noted the program has operated ceremonially since 1976 and suggested statutory clarifications such as adding property-tax compliance and formalizing the application process into statute. Hayes said the statutory protection would apply to the parcel designated as the Hoosier homestead, and ISDA recommended specifying application requirements and documentation in any statutory language.
Committee members asked about the bill’s scope and expressed interest in seeing precise statutory language. One member asked whether the measure would create a blanket exception to eminent domain; the sponsor and ISDA clarified it does not — the local body must still determine whether there is a feasible and prudent alternative to taking the homestead farm.
Representative Green (bill lead) said technical edits discussed with ISDA are being prepared as an amendment and that the bill will be held until those changes are ready for the committee’s next meeting. The hearing closed with the committee anticipating a draft amendment to address the suggested technical clarifications.
Why it matters: supporters said House Bill 1265 would recognize and preserve multigenerational farms and provide a narrow procedural protection for homestead farms facing fee-simple condemnation, while state agency staff sought statutory precision on program requirements and eligibility.
