SB 288 Indiana Senate · 2022 Regular Session

Eminent domain proceedings.

Summary
Defines a "pipeline company" and a "public utility" for purposes of the statute governing the general procedures to be used in acquiring property by eminent domain. Provides that in an eminent domain action filed by a public utility or a pipeline company after June 30, 2022, if a defendant files written exceptions to the assessment of the court appointed appraisers, the defendant may file a request for mediation at the same time the exceptions are filed. Provides that if the defendant files a request for mediation: (1) the court shall appoint a mediator not later than 10 days after the request is filed; (2) the plaintiff shall engage in good faith mediation with the defendant; (3) the mediation must be concluded not later than 90 days after the appointment of the mediator; and (4) the plaintiff shall pay the costs of the mediator. Provides that if the parties are unable to reach an agreement as to the assessment of the damages in a mediation, the case shall proceed to trial. Provides that in any trial of exceptions in an eminent domain proceeding: (1) the court appointed appraisers' report; and (2) the amount of the court appointed appraisers' assessment of damages upon which the exceptions in the trial are based; are not admissible as evidence in the proceedings. Provides, however, that a court appointed appraiser may: (1) testify at trial without reference to the report of the court appointed appraisers or to the appraiser's previous appointment in the case; and (2) be examined as to the value of the property sought to be acquired independent of the report and without reference to it; as set forth in existing Indiana case law. Changes the amount of litigation expenses a court shall allow a defendant in any trial in an eminent domain proceeding in which the amount of damages awarded to the defendant by the judgment is greater than the amount specified in the plaintiff's last offer of settlement.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
Senate Passage
Feb 2022
House Passage
Governor
Introduced Jan 10, 2022 Last action Feb 8, 2022
Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
14
Key actions
2
Committee
2
Amendments
2
Feb 2, 2022
Committee
Referred to the House
upper
Feb 1, 2022
Upper · Passed
Third reading: passed; Roll Call 169: yeas 43, nays 6
upper
Jan 31, 2022
Amended
Amendment #1 (Young M) prevailed; voice vote
upper
Jan 31, 2022
Amended
Amendment #3 (Buchanan) prevailed; voice vote
upper
Jan 27, 2022
Upper · Passed
Committee report: amend do pass, adopted
upper
3 primary · 3 co-sponsors

Sponsors