HB 1390

                                                            Introduced Version
           HOUSE BILL No. 1390
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-24-1.
Synopsis: Eminent domain. Requires the Indiana department of
transportation (department) to make an original offer that is equal to
125% of the fair market value of a property when purchasing the
property for a project. Provides that a person having an interest in a
property that is damaged as a result of a public use is entitled to bring
an inverse condemnation claim.
Effective: July 1, 2026.
                            Lindauer
   January 8, 2026, read first time and referred to Committee on Roads and Transportation.
2026  IN 1390—LS 6794/DI 137
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 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 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1390
    A BILL FOR AN ACT to amend the Indiana Code concerning
 property.
     Be it enacted by the General Assembly of the State of Indiana:
1     SECTION 1. IC 32-24-1-5.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2026]: Sec. 5.1. (a) This section applies to an offer to purchase
4 property under section 5 of this chapter that is made by the
5 Indiana department of transportation after June 30, 2026.
6     (b) The Indiana department of transportation must provide an
7 original offer to an owner that is equal to one hundred twenty-five
8 percent (125%) of the fair market value of the property, as
9 determined by the appraisal required under section 3(c)(2) of this
10 chapter.
11     SECTION 2. IC 32-24-1-16 IS AMENDED TO READ AS
12 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 16. A person having an
13 interest in property that has been or may be acquired for a public use
14 or damaged as a result of a public use without the procedures of this
15 article or any prior law followed is entitled to have the person's
16 damages assessed under this article substantially in the manner
17 provided in this article.
 2026  IN 1390—LS 6794/DI 137