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Indiana committee hears bill to let landowners donate agricultural conservation easements

2150970 · January 22, 2025
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Summary

The House Agriculture Committee heard testimony on House Bill 1234, which would create a voluntary framework for farmland owners to donate or bequeath conservation easements to preserve agricultural use. Supporters said the measure would enable landowners to access federal matching funds; the committee voted to pass the bill as amended.

Members of the Indiana House Agriculture Committee heard testimony on House Bill 1234 on the creation of a voluntary agricultural conservation easement program that would allow landowners to donate or bequeath easements to preserve farmland for agricultural use.

Representative Ryan Culp (author) told the committee the bill “creates a framework for willing farmland owners to donate their conservation easements” and emphasized that the proposal asks for no state appropriation to purchase easements.

The nut of the proposal is to establish an Ag Conservation Easement Fund and permit the Indiana State Department of Agriculture (ISDA) or existing local land trusts to accept donated easements. Proponents said the measure would make landowners eligible to pursue federal funds, including programs administered through the U.S. Department of Agriculture and the Natural Resources Conservation Service, and that some other states use state matching to leverage those funds.

Chris Reynolds, Midwest regional director for American Farmland Trust, told the committee the bill “lays the vital groundwork” for protecting farmland and said 29 other states have similar programs. Reynolds cited the state’s inventory of lost farmland, which identified roughly 345,000 acres of loss between 2010 and 2022, and said American Farmland Trust research estimates Indiana could lose another 602,000 acres by 2040 if trends continue.

Caitlin Smith of the Indiana Farm Bureau testified in support, saying the bill provides an additional voluntary tool for succession planning and for preserving productive land. Quentin Hayes, legislative director for the Indiana State Department of Agriculture, testified the department would implement the program in coordination with a protection board if the bill becomes law and said ISDA would need “additional staffing and resources” to manage easement acceptance and oversight.

Farmers and conservation advocates also testified. David Harden, a sixth-generation farmer from Hendricks County, said the easements could support intergenerational transfer and estate planning. Toby Day, sustainable agriculture director at Hoosier Environmental Council, said easements reduce development pressure by removing development rights, which typically reduces the land’s market value and thus can make farmland more accessible to beginning farmers.

Committee members discussed board composition and whether appointees should reflect political diversity. Representative Bartlett said he would prefer at least one appointee not be from the same party; the bill’s author said he was open to such a change during later amendment opportunities.

The committee moved to pass House Bill 1234 as amended. The roll call in committee recorded multiple yes votes and two recorded no votes; the committee approved the measure to advance.

If enacted as written, the bill would not itself appropriate funds to purchase easements. Proponents said the framework would allow landowners to donate easements and enable Indiana to pursue federal matching dollars and philanthropic funds to purchase easements where available.

Next steps: supporters said technical amendments are possible as the bill moves through the legislative process and that counties could also establish their own programs to hold easements.