Sec. 4.5. (a) This section does not apply to agricultural land on which there has been no agricultural activity in the last five (5) years, unless the agricultural land is recognized by the United States Department of Agriculture’s Farm Service Agency as farmland.

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Terms Used In Indiana Code 32-22-3-4.5

  • agricultural land: means land for use in crop farming or timber production or as pasture land. See Indiana Code 32-22-3-1
  • Devise: To gift property by will.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • prohibited person: includes :

    Indiana Code 32-22-3-3.5

  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (b) After June 30, 2024, a prohibited person may not do any of the following:

(1) Acquire by grant, purchase, devise, descent, or otherwise any agricultural land located in Indiana.

(2) Enter into a lease agreement as a lessee for any agricultural land located in Indiana. This subdivision does not apply to the renewal of a lease for agricultural land that is in place prior to July 1, 2024, if the acreage and description of the agricultural land subject to the lease does not change.

(3) Acquire by grant, purchase, devise, descent, or otherwise any mineral right or water or riparian right on any agricultural land located in Indiana.

(4) Enter into a lease agreement as a lessee for any mineral right or water or riparian right on any agricultural land located in Indiana.

     (c) A person who is not a prohibited person is not civilly or criminally liable for failing to determine or inquire if a person is a prohibited person under this section.

     (d) A purchase, acquisition, or lease of agricultural land in violation of this section is subject to divestiture pursuant to section 6.5 of this chapter.

     (e) No title to agricultural land shall be invalid or subject to divestiture by reason of a violation of this section by any former owner or other individual or entity holding or owning a former interest in the agricultural land.

As added by P.L.168-2024, SEC.5.

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