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.
Sponsored bills
A SENATE RESOLUTION honoring Senator Tim Lanane for his years of service to the Indiana State Senate and Senate District 25.
A SENATE RESOLUTION honoring Senator Ron Grooms upon his retirement from the Indiana Senate.
Establishes the select commission on passenger rail (commission) under the Indiana department of transportation (department). Provides for the membership of the commission. Requires the commission to adopt bylaws governing: (1) the activities and procedures of the commission; (2) the powers and duties of the commission and its officers; (3) the appointment procedures and terms of the members of the commission; (4) the voting rights of the members of the commission; (5) the voting procedures of the commission; (6) conducting the business of the commission; and (7) any other matters necessary to fulfill the duties of the commission. Requires the commission to advocate for long-term, sustainable funding to implement and expand passenger rail. Requires the commission to identify and develop public and private partnerships to implement and expand passenger rail. Requires the commission to, before November 1 of each year, publish an annual report regarding the activities of the commission in an electronic format to the legislative council and the legislative services agency for the use of the members of the general assembly. Provides that the commission may: (1) advocate for passenger rail systems included in the State Rail Plan and approved by the department; (2) educate local officials and the public on the advantages of passenger rail service; and (3) establish committees. Provides that the commission may not study, advocate, or promote passenger rail in Marion County.
Provides that the fiscal body of a county may adopt an ordinance to establish a property tax amnesty program and require a waiver of interest and penalties added before January 1, 2022, on delinquent taxes and special assessments on real property in the county if: (1) all of the delinquent taxes and special assessments on the real property were first due and payable before January 1, 2022; and (2) before November 1, 2023, the taxpayer has paid all of these delinquent taxes and special assessments and has also paid all of the taxes and special assessments that are first due and payable after December 31, 2021. Requires the waiver of interest and penalties in these circumstances, notwithstanding any payment arrangement entered into by the county treasurer and the taxpayer. Provides that the waiver of interest and penalties under a program shall not apply to interest and penalties added to delinquent property tax installments or special assessments on real property that was purchased or sold in any prior tax sale.
Authorizes a local unit (county, municipality, town, township, or school corporation) to establish a workforce retention and recruitment program (program) and fund (fund) for the purposes of recruiting and retaining individuals who will satisfy the current and future workforce needs of the unit's employers or provide substantial economic impact to the unit, including providing incentives in the form of grants or loans to qualified workers. Defines "qualified worker" for purposes of the program. Requires a qualified worker who receives a grant or loan from the fund to enter into an incentive agreement. Authorizes the unit to transfer money into the fund from other sources. Provides that the executive of the unit shall administer the fund in coordination with a workforce fund board of managers (workforce fund managers) appointed by the executive of the unit. Requires the workforce fund managers to annually submit a report setting out their activities during the preceding calendar year to the executive of the unit, the fiscal body of the unit, and the department of local government finance. Makes conforming changes.
Removes the requirement that the governing body of a school corporation affected by a residential housing development program (program) approve the program by resolution before the program may take effect.
A CONCURRENT RESOLUTION recognizing Judge Edward W. Najam, Jr., for his 30 years of service on the Indiana Court of Appeals.
A SENATE RESOLUTION memorializing the life of Zachary Steven Eckert.
Provides that the governing body of a school corporation may change the school corporation's organizational plan to provide that candidates for election to the governing body are elected in a nonpartisan election or as all other elected offices are elected. Amends current statutes relating to nomination of candidates for school board offices to reflect this option. Repeals other superseded statutes. Makes conforming changes. Changes population parameters to reflect the population count determined under the 2020 decennial census.