HEA 1216 Summary

• Amends Indiana Code regarding property owner commitments to plan commissions and zoning boards related to rezoning, subdivision plats, variances, and special uses, effective July 1, 2014.

• Written commitments must be recorded in county recorder's office to bind subsequent property owners; unrecorded commitments bind only those with actual notice of the commitment.

• Allows property owners to make new commitments or modify existing ones while rezoning proposals are under legislative body consideration, with stricter modifications requiring no further action and less stringent modifications requiring plan commission ratification within 45 days.

• When annexed property becomes subject to a different municipality's jurisdiction, only the annexing municipality's legislative body may modify or terminate prior commitments, after receiving plan commission recommendation and providing 10-day certified notice to the original jurisdiction and neighboring property owners within 300 feet.

• Clarifies that legislative body decisions to modify or terminate commitments under rezoning provisions are legislative acts not subject to judicial review, while plan commission and zoning board decisions remain subject to judicial review as zoning decisions.