Introduced Version




SENATE BILL No. 125

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-7-4.

Synopsis: Purchase or transfer of development rights. Authorizes local plan commissions to purchase conservation easements to assure the availability of land for agricultural use. Provides that a zoning ordinance may permit the transfer of development rights between parcels of land. (The introduced version of this bill was prepared by the agricultural matters evaluation committee.)

Effective: July 1, 2000.



Ford


    January 10, 2000, read first time and referred to Committee on Agriculture and Small Business.




Introduced

Second Regular Session 111th General Assembly (2000)


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.
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SENATE BILL No. 125


    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 36-7-4-412 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 412. Each plan commission may, within its approved budget, negotiate for and purchase conservation easements (as defined in IC 32-5-2.6-1 ) to assure the availability of land for agricultural use and may agree to terms and conditions attached to those easements. However, a plan commission may not use the power of eminent domain to acquire a conservation easement.
    SECTION 2. IC 36-7-4-617 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 617. (a) As used in this section, "development rights" means an interest in real property that constitutes the right to develop and use property that is made severable from the parcel to which the interest is appurtenant.
    (b) A zoning ordinance may, in accordance with the unit's comprehensive plan, establish procedures for:
        (1) the voluntary transfer of the development rights permitted

on one (1) parcel of land to another parcel of land;
        (2) restricting or prohibiting further development of the parcel from which development rights are transferred; and
        (3) increasing the density or intensity of development of the parcel to which such rights are transferred.
The zoning ordinance may provide for the method of transfer of development rights and may provide for the granting of easements and reasonable regulations to effect and control transfers and assure compliance with the provisions of the ordinance.
    (c) Subject to the procedures established under subsection (b), development rights may be transferred by deed to:
        (1) a private individual or entity; or
        (2) a governmental body empowered to hold an interest in real property under the laws of Indiana or the United States;
from the owner of the parcel from which the development rights are derived and upon the transfer shall vest in the grantee and be freely alienable.
    (d) A zoning ordinance that authorizes the transfer of development rights must designate and show on the zone maps incorporated into the zoning ordinance:
        (1) the areas from which development rights may be transferred; and
        (2) the areas to which development rights may be transferred and used for development.
    (e) Development rights for land located in one (1) unit may be transferred to land located in another unit if:
        (1) the legislative body of each unit has adopted a zoning ordinance under this section providing for the transfer of development rights; and
        (2) the legislative body of each unit has also adopted an ordinance, containing the same terms and conditions, authorizing the transfer of development rights to the other unit and the receipt of development rights from the other unit.