CHAPTER 1. NATURE PRESERVES
IC 14-31
ARTICLE 31. NATURE PRESERVES
IC 14-31-1
Chapter 1. Nature Preserves
IC 14-31-1-1
Public policy
Sec. 1. (a) As part of the continuing growth of the population andthe development of the economy of Indiana, it is necessary anddesirable that areas of unusual natural significance be set aside andpreserved for the benefit of present and future generations before theareas have been destroyed. Once the areas have been destroyed, theareas cannot be wholly restored. The areas are irreplaceable as:
(1) laboratories for scientific research;
(2) reservoirs of natural materials, not all of the uses of whichare now known;
(3) habitats for plant and animal species and biotic communitieswhose diversity enriches the meaning and enjoyment of humanlife;
(4) living museums where people may observe natural bioticand environmental systems of the earth and the interdependenceof all forms of life; and
(5) reminders of the vital dependence of the health of the humancommunity upon the health of the natural communities of whichthe human community is an inseparable part.
(b) It is essential to the people of Indiana that the people retain theopportunities to:
(1) maintain close contact with the living communities andenvironmental systems of the earth described in subsection (a);and
(2) benefit from the scientific, esthetic, cultural, and spiritualvalues the living communities and environmental systemspossess.
(c) It is therefore the public policy of Indiana that:
(1) the department establish and maintain a registry of the areasdescribed in subsection (a);
(2) the state acquire and preserve the areas described insubsection (a); and
(3) other agencies, organizations, and individuals, both publicand private, be encouraged to set aside the areas described insubsection (a) for the common benefit of the people of presentand future generations.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-2
"Area" defined
Sec. 2. As used in this chapter, "area" means an area of land,water, or both land and water, whether in public or privateownership, that meets one (1) or both of the following conditions: (1) Retains or has reestablished the area's natural character,although the area need not be undisturbed.
(2) Has:
(A) unusual flora or fauna; or
(B) biotic, geological, scenic, or paleontological features;
of scientific or educational value.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-3
"Articles of dedication" defined
Sec. 3. As used in this chapter, "articles of dedication" means thewriting by which an estate, an interest, or a right in an area isformally dedicated as permitted by section 14 of this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-4
"Dedicate" and "dedication" defined
Sec. 4. As used in this chapter, "dedicate" and "dedication" meanthe transfer to the department, for and on behalf of the state, of anestate, an interest, or a right in an area in any manner permitted bysections 10 through 13 of this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-5
"Nature preserve" defined
Sec. 5. As used in this chapter, "nature preserve" means an areain which an estate, an interest, or a right has been formally dedicatedunder this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-6
"System" defined
Sec. 6. As used in this chapter, "system" means the naturepreserves held under this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-7
Purpose
Sec. 7. To secure for the people of Indiana of present and futuregenerations the benefits of an enduring resource of areas, the stateshall, acting through the department, acquire and hold in trust for thebenefit of the people an adequate system of nature preserves for thefollowing uses and purposes:
(1) For scientific research in fields such as ecology, taxonomy,genetics, forestry, pharmacology, agriculture, soil science,geology, paleontology, conservation, and similar fields.
(2) For the teaching of biology, natural history, ecology,geology, conservation, and other subjects.
(3) As habitats for plant and animal species and communitiesand other natural objects. (4) As reservoirs of natural materials.
(5) As places of natural interest and beauty.
(6) As living illustrations of our natural heritage in which anindividual may observe and experience natural biotic andenvironmental systems of the earth and the processes of thesystems.
(7) To promote understanding and appreciation of the esthetic,cultural, scientific, and spiritual values of the areas by thepeople of Indiana.
(8) For the preservation and protection of nature preservesagainst modification or encroachment resulting fromoccupation, development, or other use that would destroy thenatural or aesthetic conditions of nature preserves.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-8
Registry of natural areas
Sec. 8. To give recognition to natural areas, the department shallestablish and maintain a registry of natural areas of unusualsignificance. However, a registered area is not a nature preserveunless the area has been dedicated under this chapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-9
Administration
Sec. 9. The division of nature preserves shall administer thischapter.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-10
Property rights
Sec. 10. (a) The department may, on behalf of the state, acquirenature preserves by gift, devise, purchase, exchange, condemnation,or any other method of acquiring real property or an estate, aninterest, or a right in real property. However, an interest owned bythe state or by a subdivision of the state may be dedicated only byvoluntary act of the agency having jurisdiction. The department mayacquire the fee simple interest in an area or a lesser estate, interest,or right in an area, including any of the following:
(1) A leasehold estate.
(2) An easement:
(A) either:
(i) appurtenant; or
(ii) in gross; and
(B) either:
(i) granting the state specified rights of use;
(ii) denying to the grantor specified rights of use; or
(iii) both.
(3) A license.
(4) A covenant. (5) Other contractual rights.
(b) A nature preserve may be acquired voluntarily for theconsideration that the department considers advisable or withoutconsideration.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-11
Dedication of property
Sec. 11. (a) An estate, an interest, or a right in an area may bededicated by any of the following:
(1) A state agency having jurisdiction of the area.
(2) Any other unit of government within Indiana havingjurisdiction of the area.
(3) A private owner of the area.
(b) A dedication is effective and an area becomes a naturepreserve only upon the acceptance of the articles of dedication by thedepartment. Articles of dedication shall be placed on public recordin the proper record in the county in which the area is located.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-12
Articles of dedication
Sec. 12. Articles of dedication may do the following:
(1) Contain restrictions and other provisions relating to thefollowing:
(A) Management.
(B) Use.
(C) Development.
(D) Transfer.
(E) Public access.
(F) Other restrictions and provisions that are necessary oradvisable to further the purposes of this chapter.
(2) Consistent with the purposes of this chapter, define therespective rights and duties of the owner or operating agencyand of the department.
(3) Provide procedures to be applied in case of violation of therestrictions and other provisions.
(4) Recognize and create any of the following:
(A) Reversionary rights.
(B) Transfers upon conditions or with limitations.
(C) Gifts over.
(5) Vary in provisions from one (1) nature preserve to anotherin accordance with differences in the characteristics andconditions of the different areas.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-13
Amendments of articles of dedication
Sec. 13. With the approval of the governor and upon the terms andconditions that the department determines, the department may, after
the giving of notice and the holding of a public hearing under section16 of this chapter, enter into amendments of articles of dedicationupon a finding by the commission that the amendments will notpermit:
(1) an impairment;
(2) a disturbance;
(3) a use; or
(4) a development;
of the area inconsistent with the purposes of this chapter. However,if the fee simple interest in an area is not held by the state under thischapter, an amendment may not be made without the written consentof the owner of the other interests in the area.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-14
Duties of department
Sec. 14. To further the purposes of and to implement this chapter,the department shall do the following:
(1) Formulate policies for the selection, acquisition, use,management, and protection of nature preserves.
(2) Formulate policies for the selection of areas suitable forregistration under this chapter.
(3) Formulate policies for the dedication of areas as naturepreserves.
(4) Determine, supervise, and control the management of naturepreserves and adopt and amend rules necessary or advisable forthe use and protection of nature preserves.
(5) Encourage and recommend the dedication of areas as naturepreserves.
(6) Make surveys and maintain registries and records of uniquenatural areas within Indiana.
(7) Carry on interpretive programs and publish and disseminateinformation pertaining to nature preserves and other areaswithin Indiana.
(8) Promote and assist in the establishment, restoration, andprotection of and advise in the management of natural areas andother areas of educational or scientific value and otherwise tofoster and aid in the establishment, restoration, and preservationof natural conditions within Indiana other than in the system.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-15
Treatment of nature preserves
Sec. 15. (a) The nature preserves within the system:
(1) are to be held in trust for the benefit of the people of Indianaof present and future generations for those uses and purposesexpressed in this chapter that are not prohibited by the articlesof dedication;
(2) are declared to be put to the highest, best, and mostimportant use for the public benefit; (3) shall be managed and protected in the manner approved byand subject to the rules adopted by the department; and
(4) may not be taken for any other use except another publicuse:
(A) after a finding by the commission of the existence of animperative and unavoidable public necessity for the otherpublic use; and
(B) with the approval of the governor.
(b) Except as otherwise provided in the articles of dedication, thedepartment may:
(1) grant, upon the terms and conditions that the departmentdetermines, an estate, an interest, or a right in; or
(2) dispose of;
a nature preserve.
(c) The department may take action under subsection (b) only:
(1) after a finding by the commission of the existence of animperative and unavoidable public necessity for the grant ordisposition; and
(2) with the approval of the governor.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-16
Notice of proposed action
Sec. 16. (a) Before the commission:
(1) makes a finding of the existence of an imperative andunavoidable public necessity under section 15 of this chapter;
(2) grants an estate, an interest, or a right in a nature preserveunder section 15 of this chapter;
(3) disposes of a nature preserve or an estate, an interest, or aright in a nature preserve under section 15 of this chapter; or
(4) enters into an amendment of articles of dedication undersection 13 of this chapter;
the department must give notice of the proposed action and anopportunity for any person to be heard.
(b) The notice must be published at least one (1) time in anewspaper printed in the English language with a general circulationin each county in which the nature preserve is located. The noticemust do the following:
(1) Set forth the substance of the proposed action.
(2) Describe, with or without legal description, the naturepreserve affected.
(3) Specify a place and time not less than thirty (30) days afterthe publication for a public hearing before the commission onthe proposed action.
(c) All persons desiring to be heard shall be given a reasonableopportunity to be heard before action by the commission on theproposal.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-17 Political units, departments, agencies, and instrumentalities urgedto dedicate suitable areas
Sec. 17. All units, departments, agencies, and instrumentalities ofthe state, including:
(1) counties;
(2) townships;
(3) municipalities;
(4) public corporations;
(5) boards;
(6) commissions;
(7) colleges; and
(8) universities;
may and are urged to dedicate as nature preserves suitable areas orparts of areas within their jurisdiction.
As added by P.L.1-1995, SEC.24.
IC 14-31-1-18
Noninterference with parks, preserves, refuges, or other areas
Sec. 18. (a) Except as provided in subsection (b), this chapter doesnot interfere with:
(1) the purposes stated in the establishment of or pertaining to;or
(2) the proper management and development of:
a state or local park, preserve, wildlife refuge, or other area.
(b) An agency administering an area dedicated as a naturepreserve under this chapter is responsible for preserving the characterof the area in accordance with the articles of dedication and theapplicable rules concerning nature preserves that the departmentadopts.
(c) The dedication of an area as a nature preserve or an actiontaken by the department under this chapter does not void or replacea protected status under law that an area would have if the area werenot a nature preserve. The protective provisions of this chapter aresupplemental to the protected status under law.
As added by P.L.1-1995, SEC.24.