Introduced Version




Citations Affected: IC 32-24-1-3.5.

Synopsis: Eminent domain for commercial uses. Prohibits the taking of private property by eminent domain for commercial purposes.

Effective: July 1, 2004.

Wolkins, Kuzman

    January 20, 2004, read first time and referred to Committee on Appointments and Claims.


Second Regular Session 113th General Assembly (2004)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2003 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 32-24-1-3.5; (04)IN1385.1.1. -->     SECTION 1. IC 32-24-1-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3.5. (a) This section applies to all property that is taken by eminent domain.
    (b) As used in this section, "any interest" includes the right to own, lease, sublease, transfer, or exchange a part of the property to be condemned.
    (c) As used in this section, "commercial use" means a use that does not relate directly to providing a governmental service or fulfilling a governmental responsibility. The term includes the following:
        (1) Private residential development or use of the property.
        (2) Private development of the property under a lease.
        (3) Use of the property for retail or industrial purposes.
    (d) Except as provided in subsection (e), eminent domain may not be used by an entity to acquire property:
        (1) for a commercial use; or
        (2) for transfer of any interest in the property to another person.
    (e) A utility or gas storage company may use property acquired by eminent domain only for the provision of gas, electric, water, telephone, gas storage, or other utility services. The property may be sold to, leased to, transferred to, or exchanged with another utility or gas storage company so long as the property continues to be used for utility or gas storage purposes.