Capricious County Law Unfairly Singles Out

Chuck Bueter
Jul 14
2 min read

When landowners approached the St. Joseph County (SJC) Council in Indiana with legitimate concerns about a business affecting property values, the Council imposed screening demands and property setbacks that were up to ten times greater than any other industry's requirement. In removing vast swaths of land from being developed, the County addressed the landowners' issue but hurt local businesses.

The area (orange) around just four Amazon data centers is two million square feet. St. Joseph County, IN, aims to restrict a less imposing industry when its components collectively exceed 40,000 square feet (green).

But hurting an industry wasn't enough for the Council; they want to end it outright.

Now a SJC Council majority has passed Ordinance 47-25 (amended Bill 17-25) that will single out one industry to get required secret appraisals of every property within a mile of proposed development and pay for a surety bond equal to 20% of that amount. If the landowner's property "is sold for a price lower than the asking price due to its proximity" after a project is announced, the afflicted industry has to pay the landowner the difference. No other business in SJC will bear such a burden.

Q: What industry is deemed so offensive that it merits such harsh impositions?

A: Large-scale solar energy systems (LS-SES), which are low to the ground, use no water, cause no air pollution, are dark at night, increase land lease prices, save farmland for future use, are agrivoltaic, are quiet, diversify and strengthen the grid, preserve habitat, and provide skilled jobs and other opportunities. The County defines LS-SES as an array whose total area exceeds 40,000 square feet.

Ordinance 47-25 is not only contrary to Indiana state law and capricious, it is contrary to fairness and common sense. Please see images and details I compiled in the PDF document Ordinance 47-25 Shortcomings.

Ordinance 47-25 deems large scale solar energy systems like this one to be visually the most offensive sight of all industry in St. Joseph County, IN.

Businesses like nearby data centers will not have to comply with the onerous demands of Ordinance 47-25 regarding their visual impact on property values within one mile.

.

Opponents to Ordinance 47-25 will have had only a few days to contact the three SJC County Commissioners to seek a veto of this law, which was passed with amendments by the SJC County Council the week prior. The Commissioners meet Tuesday, July 15, at 6 PM in the Fourth Floor Council Chambers of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601.