HOUSE BILL No. 1385
DIGEST OF INTRODUCED BILL
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.
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
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between statutes enacted by the 2003 Regular Session of the General Assembly.
HOUSE BILL No. 1385
A BILL FOR AN ACT to amend the Indiana Code concerning
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
(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
(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.