Indiana 2020 Regular Session Status: Enacted Bipartisan · 5 R · 1 D cosponsors

SB 340 — Private property matters.

Last action — Public Law 80

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 13, 2020. Enacted.

Odds of enactment

High chance

Based 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

Likely to advance 98% · high confidence
  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    3 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 R · 1 D) — cross-party backing.

  • 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

  1. Public Law 80

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 364: yeas 94, nays 0

  7. Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 359: yeas 41, nays 7

  8. CCR # 1 filed in the House

  9. CCR # 1 filed in the Senate

  10. House advisors appointed: Sherman, Manning, DeLaney and Pierce

  11. House conferees appointed: Wolkins and Bauer

  12. Senate advisors appointed: Koch, Randolph Lonnie M, Buck and Mrvan

  13. Senate conferees appointed: Spartz and Taylor G

  14. Senate dissented from House amendments

  15. Motion to dissent filed

  16. Returned to the Senate with amendments

  17. Third reading: passed; Roll Call 262: yeas 62, nays 31

  18. Representative Manning added as cosponsor

  19. Second reading: ordered engrossed

  20. Amendment #1 (Shackleford) failed; Roll Call 230: yeas 28, nays 62

  21. Committee report: amend do pass, adopted

  22. First reading: referred to Committee on Judiciary

  23. Referred to the House

  24. Senator Randolph added as coauthor

  25. Senator Rogers added as coauthor

  26. Senator Raatz added as coauthor

  27. Senator Buck added as coauthor

  28. House sponsor: Representative Wolkins

  29. Third reading: passed; Roll Call 85: yeas 43, nays 7

  30. Senator Koch added as second author

  31. Second reading: amended, ordered engrossed

  32. Amendment #1 (Spartz) prevailed; voice vote

  33. Committee report: amend do pass, adopted

  34. First reading: referred to Committee on Judiciary

  35. Authored by Senator Spartz

Sponsors

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)

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 62 Yea · 31 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 35101
Unaffiliated 261105
Democrat 11901
Total 623107
% 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

Official roll call →

Passed 43 Yea · 7 Nay
Party YeaNayPresentNot Voting
Republican 26100
Unaffiliated 15500
Democrat 2100
Total 43700
% 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

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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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