Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Eminent Domain Homestead Protection topic
No spam. Unsubscribe anytime.
Bill to give Hoosier Homestead farms a remonstrance right against eminent domain held for amendment
Summary
House Bill 1265 would codify the Hoosier Homestead Farm program and create a limited remonstrance process allowing qualifying century-family farms a local hearing before condemnation by fee-simple takings; the committee held the bill for technical amendments.
Representative Greene presented House Bill 1265 to put the Hoosier Homestead Farm program into statute and to create a remonstrance process allowing qualifying multigenerational farms a local review before fee-simple condemnation.
Greene said the Hoosier Homestead Award, established administratively in 1976, recognizes family farms owned continuously for at least 100 years (with additional categories at 150 and 200 years). He said House Bill 1265 would require ISDA to maintain an electronic registry of homestead farms and would trigger local notice and an opportunity for the local legislative body (typically the county commissioners or municipal council) to review a proposed fee-simple taking.
"1265 simply gives a homestead farm the right to make one final appeal to their local legislative body to review the potential condemnation upon the land which the families have literally invested generations in," Greene said. He emphasized the proposal applies only to fee-simple takings and does not apply to easements, leases, voluntary sales, or good-faith negotiations in eminent-domain proceedings.
Several Hoosier Homestead award recipients testified in support. Linda Norton described her family's multigenerational farm and encouraged statutory recognition of the program. Jason Abel, a county commissioner and fourth-generation farm owner, said the bill complements farmland-preservation efforts and would help communities facing development pressure.
Quentin Hayes of ISDA testified neutrally and suggested technical clarifications. Hayes told the committee that the Hoosier Homestead program is currently ceremonial and recommended statute changes such as adding the application process and requiring property taxes be current. "Some things ISDA would like the legislature to consider would be adding property taxes must be paid up to date and the application process into the statute," Hayes said.
Representative Greene indicated he was working with ISDA on technical amendments and that the item would be held for a subsequent meeting so those changes could be included.
No committee vote was taken on House Bill 1265 during the hearing; the author asked to hold the bill until technical edits are drafted.
