February 18, 2005





HOUSE BILL No. 1300

_____


DIGEST OF HB 1300 (Updated February 16, 2005 8:28 pm - DI 73)



Citations Affected: IC 22-13; IC 36-7.

Synopsis: Regulatory taking of outdoor advertiser property. Prohibits a state agency or political subdivision from requiring that a lawfully erected sign be removed or altered as a condition of issuing a permit, license, variance, or other order concerning land use development unless the sign owner is compensated in accordance with the eminent domain statute.

Effective: July 1, 2005.





Whetstone, Stevenson




    January 11, 2005, read first time and referred to Committee on Local Government.
    February 17, 2005, reported _ Do Pass.






February 18, 2005

First Regular Session 114th General Assembly (2005)


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 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1300



    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 22-13-2-1.5; (05)HB1300.1.1. -->     SECTION 1. IC 22-13-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1.5. A state agency or political subdivision may not require that a lawfully erected sign be removed or altered as a condition of issuing a:
        (1) permit;
        (2) license;
        (3) variance; or
        (4) other order concerning land use or development;
unless the owner of the sign is compensated in accordance with IC 32-24.

SOURCE: IC 36-7-2-5.5; (05)HB1300.1.2. -->     SECTION 2. IC 36-7-2-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5.5. A unit may not require that a lawfully erected sign be removed or altered as a condition of issuing a:
        (1) permit;
        (2) license;
        (3) variance; or
        (4) other order concerning land use or development;
unless the owner of the sign is compensated in accordance with IC 32-24.