CHAPTER 4. ACQUISITION OF REAL PROPERTY BY THE UNITED STATES FOR CERTAIN PURPOSES
IC 14-17-4
Chapter 4. Acquisition of Real Property by the United States forCertain Purposes
IC 14-17-4-1
State consent to acquisition by federal government
Sec. 1. (a) The state consents to the acquisition by the UnitedStates of real property in Indiana for any of the following purposes:
(1) The acquisition, establishment, maintenance, ordevelopment of fish hatcheries, wildlife preserves, or forestpreserves.
(2) Agricultural, recreational, or experimental uses.
(b) The United States may acquire real property under this chapterby purchase, gift, or eminent domain.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-2
Powers of federal government
Sec. 2. Except as provided in this chapter, the United States mayact as necessary to maintain, develop, control, and administer realproperty acquired under this chapter through either of the following:
(1) The officers, agents, or employees of the United States.
(2) Cooperative agreement with the department.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-3
Acceptance of property acquired by federal government
Sec. 3. Subject to IC 4-20.5-3, the department may accept any realproperty acquired by the United States under this chapter in the samemanner as the department acquires real property owned in Indiana byan individual.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-4
Agreements with federal government
Sec. 4. The department may enter into an agreement with theUnited States or an agency of the United States for the acquisition,maintenance, development, control, and administration of realproperty acquired by the United States under this chapter.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-5
Concurrent jurisdiction
Sec. 5. The state retains concurrent jurisdiction with the UnitedStates in and over real property acquired under this chapter, so thatcivil process and criminal process issued under the authority of thestate against a person charged with the commission of an offense canbe executed on the real property.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-6
State retaining exclusive right to regulate birds and wildlife
Sec. 6. The state retains the exclusive right to regulate the taking,killing, or hunting of wild birds (except migratory birds) or wildanimals on real property acquired by the United States under thischapter in the same manner and to the same extent as the state mayregulate the taking, killing, or hunting of wild birds or wild animalson land owned by the state and used for conservation purposes.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-7
Cession of concurrent criminal jurisdiction to federal government
Sec. 7. (a) This section applies to real property acquired by theUnited States under this chapter and in which the United States doesnot have concurrent criminal jurisdiction.
(b) Upon application of an officer of the United States who hasauthority and control over the real property, the governor may, byexecutive order, cede to the United States concurrent criminaljurisdiction.
(c) The application must include an accurate description and a platof the real property within which concurrent criminal jurisdictionwould be exercised.
(d) The application may include a request to exercise concurrentcriminal jurisdiction over recreational real property owned by thestate if the recreational real property is located adjacent to or withinthe boundaries of the real property of the United States described inthe application.
(e) The application must show to the satisfaction of the governorthat the cession of concurrent criminal jurisdiction is necessary forthe public safety and the proper maintenance and control of the realproperty.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-8
Open fires
Sec. 8. (a) A person must have a written permit from thesupervisor in charge of real property acquired by the United Statesunder a statute to:
(1) burn brush, grass, or debris; or
(2) set or kindle an open fire;
within one-half (1/2) mile of the real property.
(b) The permit described in subsection (a) must be issued underrules considered necessary for the protection of the real propertyfrom uncontrolled fire in consideration of the weather conditions.
(c) A person who knowingly violates subsection (a) commits aClass B misdemeanor.
As added by P.L.1-1995, SEC.10.