SB 340 — Private property matters.
Last action — Public Law 80
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 13, 2020. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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8 sponsors
3 primary, 5 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (5 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
Bill Text
We don't have the full text on file for this bill yet.
Read SB 340 on the official Indiana source →Action History
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Public Law 80
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Signed by the Governor
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Signed by the President of the Senate
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Signed by the Speaker
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Signed by the President Pro Tempore
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Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 364: yeas 94, nays 0
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Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 359: yeas 41, nays 7
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CCR # 1 filed in the House
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CCR # 1 filed in the Senate
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House advisors appointed: Sherman, Manning, DeLaney and Pierce
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House conferees appointed: Wolkins and Bauer
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Senate advisors appointed: Koch, Randolph Lonnie M, Buck and Mrvan
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Senate conferees appointed: Spartz and Taylor G
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Senate dissented from House amendments
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Motion to dissent filed
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Returned to the Senate with amendments
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Third reading: passed; Roll Call 262: yeas 62, nays 31
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Representative Manning added as cosponsor
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Second reading: ordered engrossed
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Amendment #1 (Shackleford) failed; Roll Call 230: yeas 28, nays 62
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Committee report: amend do pass, adopted
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First reading: referred to Committee on Judiciary
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Referred to the House
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Senator Randolph added as coauthor
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Senator Rogers added as coauthor
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Senator Raatz added as coauthor
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Senator Buck added as coauthor
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House sponsor: Representative Wolkins
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Third reading: passed; Roll Call 85: yeas 43, nays 7
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Senator Koch added as second author
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Second reading: amended, ordered engrossed
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Amendment #1 (Spartz) prevailed; voice vote
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Committee report: amend do pass, adopted
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First reading: referred to Committee on Judiciary
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Authored by Senator Spartz
Sponsors
- Ethan Manning · Cosponsor
- David Wolkins · Primary
- Lonnie Randolph · Cosponsor
- Linda Rogers · Cosponsor
- Jeff Raatz · Cosponsor
- James Buck · Cosponsor
- Eric Koch · Primary
- Victoria Spartz · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 5 co-sponsors · 142 not signed on · 23 voted No
Sponsors (3)
- David Wolkins
- Eric Koch Republican
- Victoria Spartz
Co-sponsors (5)
- Ethan Manning Republican
- Lonnie Randolph Democrat
- Linda Rogers Republican
- Jeff Raatz Republican
- James Buck Republican
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 35 | 1 | 0 | 1 |
| Unaffiliated | 26 | 11 | 0 | 5 |
| Democrat | 1 | 19 | 0 | 1 |
| Total | 62 | 31 | 0 | 7 |
| % of votes cast | 62% | 31% | 0% | 7% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Ellington | — | Yea |
| Bacon | — | Yea |
| Frye | — | Yea |
| Lyness | — | Yea |
| Stutzman | — | Yea |
| Goodrich | — | Yea |
| Sullivan | — | Yea |
| Gutwein | — | Yea |
| Torr | — | Yea |
| Miller | — | Yea |
| Vermilion | — | Yea |
| Morrison | — | Yea |
| Wolkins | — | Yea |
| Negele | — | Yea |
| Cherry | — | Yea |
| Kirchhofer | — | Yea |
| Nisly | — | Yea |
| Zent | — | Yea |
| Ziemke | — | Yea |
| Cook | — | Yea |
| Lehe | — | Yea |
| Mr. Speaker | — | Yea |
| Schaibley | — | Yea |
| Eberhart | — | Yea |
| Leonard | — | Yea |
| Sherman | — | Yea |
| Austin | — | Nay |
| Deal | — | Nay |
| Hatfield | — | Nay |
| Beck | — | Nay |
| Boy | — | Nay |
| Fleming | — | Nay |
| Macer | — | Nay |
| Smith, V | — | Nay |
| Goodin | — | Nay |
| Chyung | — | Nay |
| Davisson | — | Not Voting |
| Saunders | — | Not Voting |
| Wright | — | Not Voting |
| Forestal | — | Not Voting |
| Speedy | — | Not Voting |
| Candelaria Reardon | — | Nay |
| Alex Burton | Democrat | Yea |
| Carey Hamilton | Democrat | Nay |
| Carolyn Jackson | Democrat | Nay |
| Cherrish Pryor | Democrat | Nay |
| Chris Campbell | Democrat | Nay |
| Chuck Moseley | Democrat | Nay |
| Earl Harris | Democrat | Nay |
| Edward DeLaney | Democrat | Nay |
| Gregory Porter | Democrat | Nay |
| John Bartlett | Democrat | Nay |
| Justin Moed | Democrat | Nay |
| Matt Pierce | Democrat | Nay |
| Maureen Bauer | Democrat | Nay |
| Philip GiaQuinta | Democrat | Nay |
| Ragen Hatcher | Democrat | Not Voting |
| Robin Shackleford | Democrat | Nay |
| Ryan Dvorak | Democrat | Nay |
| Sheila Klinker | Democrat | Nay |
| Sue Errington | Democrat | Nay |
| Tonya Pfaff | Democrat | Nay |
| Vanessa Summers | Democrat | Nay |
| Beau Baird | Republican | Yea |
| Ben Smaltz | Republican | Nay |
| Brad Barrett | Republican | Yea |
| Bruce Borders | Republican | Yea |
| Chris Judy | Republican | Yea |
| Chris May | Republican | Yea |
| Dale DeVon | Republican | Yea |
| Dave Heine | Republican | Not Voting |
| David Abbott | Republican | Yea |
| Edmond Soliday | Republican | Yea |
| Edward Clere | Republican | Yea |
| Ethan Manning | Republican | Yea |
| Gregory Steuerwald | Republican | Yea |
| Heath VanNatter | Republican | Yea |
| J.D. Prescott | Republican | Yea |
| Jack Jordan | Republican | Yea |
| Jeffrey Thompson | Republican | Yea |
| Jim Lucas | Republican | Yea |
| Jim Pressel | Republican | Yea |
| Karen Engleman | Republican | Yea |
| Liz Brown | Republican | Yea |
| Martin Carbaugh | Republican | Yea |
| Matt Hostettler | Republican | Yea |
| Matt Lehman | Republican | Yea |
| Michael Karickhoff | Republican | Yea |
| Michael Young | Republican | Yea |
| Mike Aylesworth | Republican | Yea |
| Peggy Mayfield | Republican | Yea |
| Robert Behning | Republican | Yea |
| Robert Heaton | Republican | Yea |
| Robert Morris | Republican | Yea |
| Ryan Lauer | Republican | Yea |
| Shane Lindauer | Republican | Yea |
| Steve Bartels | Republican | Yea |
| Timothy Wesco | Republican | Yea |
| Todd Huston | Republican | Yea |
| Wendy McNamara | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 26 | 1 | 0 | 0 |
| Unaffiliated | 15 | 5 | 0 | 0 |
| Democrat | 2 | 1 | 0 | 0 |
| Total | 43 | 7 | 0 | 0 |
| % of votes cast | 86% | 14% | 0% | 0% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Houchin | — | Yea |
| Crane | — | Yea |
| Kruse | — | Yea |
| Ruckelshaus | — | Yea |
| Boots | — | Yea |
| Ford Jon | — | Yea |
| Merritt | — | Yea |
| Sandlin | — | Yea |
| Messmer | — | Yea |
| Spartz | — | Yea |
| Breaux | — | Yea |
| Mrvan | — | Yea |
| Grooms | — | Yea |
| Zay | — | Yea |
| Perfect | — | Yea |
| Lanane | — | Nay |
| Stoops | — | Nay |
| Ford J.D. | — | Nay |
| Melton | — | Nay |
| Tallian | — | Nay |
| David Niezgodski | Democrat | Yea |
| Greg Taylor | Democrat | Nay |
| Lonnie Randolph | Democrat | Yea |
| Aaron Freeman | Republican | Yea |
| Blake Doriot | Republican | Yea |
| Brian Buchanan | Republican | Yea |
| Chris Garten | Republican | Yea |
| Ed Charbonneau | Republican | Yea |
| Eric Bassler | Republican | Yea |
| Eric Koch | Republican | Yea |
| Greg Walker | Republican | Yea |
| James Buck | Republican | Yea |
| James Tomes | Republican | Yea |
| Jean Leising | Republican | Yea |
| Jeff Raatz | Republican | Yea |
| Justin Busch | Republican | Yea |
| Linda Rogers | Republican | Yea |
| Liz Brown | Republican | Yea |
| Michael Crider | Republican | Nay |
| Michael Young | Republican | Yea |
| Mike Bohacek | Republican | Yea |
| Mike Gaskill | Republican | Yea |
| Rick Niemeyer | Republican | Yea |
| Rodric Bray | Republican | Yea |
| Ron Alting | Republican | Yea |
| Ryan Mishler | Republican | Yea |
| Stacey Donato | Republican | Yea |
| Susan Glick | Republican | Yea |
| Travis Holdman | Republican | Yea |
| Vaneta Becker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 340 do?
- Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
- Who sponsors SB 340?
- SB 340 is sponsored by Ethan Manning (Republican), David Wolkins, Lonnie Randolph (Democrat), Linda Rogers (Republican), Jeff Raatz (Republican), James Buck (Republican), Eric Koch (Republican), and Victoria Spartz.
- What is the current status of SB 340?
- This bill has been enacted into law. Introduced January 13, 2020. Enacted.
- Where can I track SB 340?
- Track SB 340 free on One Click Politics — get push/email alerts when it moves.
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