IC 14-31-1-1 Public policy
Sec. 1. (a) As part of the continuing growth of the population and
the development of the economy of Indiana, it is necessary and
desirable that areas of unusual natural significance be set aside and
preserved for the benefit of present and future generations before the
areas have been destroyed. Once the areas have been destroyed, the
areas 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 which
are now known;
(3) habitats for plant and animal species and biotic communities
whose diversity enriches the meaning and enjoyment of human
life;
(4) living museums where people may observe natural biotic
and environmental systems of the earth and the interdependence
of all forms of life; and
(5) reminders of the vital dependence of the health of the human
community upon the health of the natural communities of which
the human community is an inseparable part.
(b) It is essential to the people of Indiana that the people retain the
opportunities to:
(1) maintain close contact with the living communities and
environmental systems of the earth described in subsection (a);
and
(2) benefit from the scientific, esthetic, cultural, and spiritual
values the living communities and environmental systems
possess.
(c) It is therefore the public policy of Indiana that:
(1) the department establish and maintain a registry of the areas
described in subsection (a);
(2) the state acquire and preserve the areas described in
subsection (a); and
(3) other agencies, organizations, and individuals, both public
and private, be encouraged to set aside the areas described in
subsection (a) for the common benefit of the people of present
and 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 private
ownership, 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 the
writing by which an estate, an interest, or a right in an area is
formally 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" mean
the transfer to the department, for and on behalf of the state, of an
estate, an interest, or a right in an area in any manner permitted by
sections 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 area
in which an estate, an interest, or a right has been formally dedicated
under 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 nature
preserves 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 future
generations the benefits of an enduring resource of areas, the state
shall, acting through the department, acquire and hold in trust for the
benefit of the people an adequate system of nature preserves for the
following 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 communities
and 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 an
individual may observe and experience natural biotic and
environmental systems of the earth and the processes of the
systems.
(7) To promote understanding and appreciation of the esthetic,
cultural, scientific, and spiritual values of the areas by the
people of Indiana.
(8) For the preservation and protection of nature preserves
against modification or encroachment resulting from
occupation, development, or other use that would destroy the
natural 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 shall
establish and maintain a registry of natural areas of unusual
significance. However, a registered area is not a nature preserve
unless 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 this
chapter. 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, acquire
nature preserves by gift, devise, purchase, exchange, condemnation,
or any other method of acquiring real property or an estate, an
interest, or a right in real property. However, an interest owned by
the state or by a subdivision of the state may be dedicated only by
voluntary act of the agency having jurisdiction. The department may
acquire 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 the
consideration that the department considers advisable or without
consideration. 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 be
dedicated by any of the following:
(1) A state agency having jurisdiction of the area.
(2) Any other unit of government within Indiana having
jurisdiction of the area.
(3) A private owner of the area.
(b) A dedication is effective and an area becomes a nature
preserve only upon the acceptance of the articles of dedication by the
department. Articles of dedication shall be placed on public record
in 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 the
following:
(A) Management.
(B) Use.
(C) Development.
(D) Transfer.
(E) Public access.
(F) Other restrictions and provisions that are necessary or
advisable to further the purposes of this chapter.
(2) Consistent with the purposes of this chapter, define the
respective rights and duties of the owner or operating agency
and of the department.
(3) Provide procedures to be applied in case of violation of the
restrictions 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 another
in accordance with differences in the characteristics and
conditions 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 and
conditions that the department determines, the department may, after
the giving of notice and the holding of a public hearing under section
16 of this chapter, enter into amendments of articles of dedication
upon a finding by the commission that the amendments will not
permit:
(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 this
chapter, an amendment may not be made without the written consent
of 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 for
registration under this chapter.
(3) Formulate policies for the dedication of areas as nature
preserves.
(4) Determine, supervise, and control the management of nature
preserves and adopt and amend rules necessary or advisable for
the use and protection of nature preserves.
(5) Encourage and recommend the dedication of areas as nature
preserves.
(6) Make surveys and maintain registries and records of unique
natural areas within Indiana.
(7) Carry on interpretive programs and publish and disseminate
information pertaining to nature preserves and other areas
within Indiana.
(8) Promote and assist in the establishment, restoration, and
protection of and advise in the management of natural areas and
other areas of educational or scientific value and otherwise to
foster and aid in the establishment, restoration, and preservation
of 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 Indiana
of present and future generations for those uses and purposes
expressed in this chapter that are not prohibited by the articles
of dedication;
(2) are declared to be put to the highest, best, and most
important use for the public benefit;
(3) shall be managed and protected in the manner approved by
and subject to the rules adopted by the department; and
(4) may not be taken for any other use except another public
use:
(A) after a finding by the commission of the existence of an
imperative and unavoidable public necessity for the other
public use; and
(B) with the approval of the governor.
(b) Except as otherwise provided in the articles of dedication, the
department may:
(1) grant, upon the terms and conditions that the department
determines, 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 an
imperative and unavoidable public necessity for the grant or
disposition; 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 and
unavoidable public necessity under section 15 of this chapter;
(2) grants an estate, an interest, or a right in a nature preserve
under section 15 of this chapter;
(3) disposes of a nature preserve or an estate, an interest, or a
right in a nature preserve under section 15 of this chapter; or
(4) enters into an amendment of articles of dedication under
section 13 of this chapter;
the department must give notice of the proposed action and an
opportunity for any person to be heard.
(b) The notice must be published at least one (1) time in a
newspaper printed in the English language with a general circulation
in each county in which the nature preserve is located. The notice
must do the following:
(1) Set forth the substance of the proposed action.
(2) Describe, with or without legal description, the nature
preserve affected.
(3) Specify a place and time not less than thirty (30) days after
the publication for a public hearing before the commission on
the proposed action.
(c) All persons desiring to be heard shall be given a reasonable
opportunity to be heard before action by the commission on the
proposal. As added by P.L.1-1995, SEC.24.
IC 14-31-1-17 Political units, departments, agencies, and instrumentalities urged
to dedicate suitable areas
Sec. 17. All units, departments, agencies, and instrumentalities of
the 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 or
parts 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 does
not 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 nature
preserve under this chapter is responsible for preserving the character
of the area in accordance with the articles of dedication and the
applicable rules concerning nature preserves that the department
adopts.
(c) The dedication of an area as a nature preserve or an action
taken by the department under this chapter does not void or replace
a protected status under law that an area would have if the area were
not a nature preserve. The protective provisions of this chapter are
supplemental to the protected status under law. As added by P.L.1-1995, SEC.24.
IC 14-31-1-1 Public policy
Sec. 1. (a) As part of the continuing growth of the population and
the development of the economy of Indiana, it is necessary and
desirable that areas of unusual natural significance be set aside and
preserved for the benefit of present and future generations before the
areas have been destroyed. Once the areas have been destroyed, the
areas 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 which
are now known;
(3) habitats for plant and animal species and biotic communities
whose diversity enriches the meaning and enjoyment of human
life;
(4) living museums where people may observe natural biotic
and environmental systems of the earth and the interdependence
of all forms of life; and
(5) reminders of the vital dependence of the health of the human
community upon the health of the natural communities of which
the human community is an inseparable part.
(b) It is essential to the people of Indiana that the people retain the
opportunities to:
(1) maintain close contact with the living communities and
environmental systems of the earth described in subsection (a);
and
(2) benefit from the scientific, esthetic, cultural, and spiritual
values the living communities and environmental systems
possess.
(c) It is therefore the public policy of Indiana that:
(1) the department establish and maintain a registry of the areas
described in subsection (a);
(2) the state acquire and preserve the areas described in
subsection (a); and
(3) other agencies, organizations, and individuals, both public
and private, be encouraged to set aside the areas described in
subsection (a) for the common benefit of the people of present
and 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 private
ownership, 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 the
writing by which an estate, an interest, or a right in an area is
formally 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" mean
the transfer to the department, for and on behalf of the state, of an
estate, an interest, or a right in an area in any manner permitted by
sections 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 area
in which an estate, an interest, or a right has been formally dedicated
under 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 nature
preserves 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 future
generations the benefits of an enduring resource of areas, the state
shall, acting through the department, acquire and hold in trust for the
benefit of the people an adequate system of nature preserves for the
following 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 communities
and 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 an
individual may observe and experience natural biotic and
environmental systems of the earth and the processes of the
systems.
(7) To promote understanding and appreciation of the esthetic,
cultural, scientific, and spiritual values of the areas by the
people of Indiana.
(8) For the preservation and protection of nature preserves
against modification or encroachment resulting from
occupation, development, or other use that would destroy the
natural 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 shall
establish and maintain a registry of natural areas of unusual
significance. However, a registered area is not a nature preserve
unless 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 this
chapter. 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, acquire
nature preserves by gift, devise, purchase, exchange, condemnation,
or any other method of acquiring real property or an estate, an
interest, or a right in real property. However, an interest owned by
the state or by a subdivision of the state may be dedicated only by
voluntary act of the agency having jurisdiction. The department may
acquire 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 the
consideration that the department considers advisable or without
consideration. 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 be
dedicated by any of the following:
(1) A state agency having jurisdiction of the area.
(2) Any other unit of government within Indiana having
jurisdiction of the area.
(3) A private owner of the area.
(b) A dedication is effective and an area becomes a nature
preserve only upon the acceptance of the articles of dedication by the
department. Articles of dedication shall be placed on public record
in 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 the
following:
(A) Management.
(B) Use.
(C) Development.
(D) Transfer.
(E) Public access.
(F) Other restrictions and provisions that are necessary or
advisable to further the purposes of this chapter.
(2) Consistent with the purposes of this chapter, define the
respective rights and duties of the owner or operating agency
and of the department.
(3) Provide procedures to be applied in case of violation of the
restrictions 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 another
in accordance with differences in the characteristics and
conditions 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 and
conditions that the department determines, the department may, after
the giving of notice and the holding of a public hearing under section
16 of this chapter, enter into amendments of articles of dedication
upon a finding by the commission that the amendments will not
permit:
(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 this
chapter, an amendment may not be made without the written consent
of 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 for
registration under this chapter.
(3) Formulate policies for the dedication of areas as nature
preserves.
(4) Determine, supervise, and control the management of nature
preserves and adopt and amend rules necessary or advisable for
the use and protection of nature preserves.
(5) Encourage and recommend the dedication of areas as nature
preserves.
(6) Make surveys and maintain registries and records of unique
natural areas within Indiana.
(7) Carry on interpretive programs and publish and disseminate
information pertaining to nature preserves and other areas
within Indiana.
(8) Promote and assist in the establishment, restoration, and
protection of and advise in the management of natural areas and
other areas of educational or scientific value and otherwise to
foster and aid in the establishment, restoration, and preservation
of 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 Indiana
of present and future generations for those uses and purposes
expressed in this chapter that are not prohibited by the articles
of dedication;
(2) are declared to be put to the highest, best, and most
important use for the public benefit;
(3) shall be managed and protected in the manner approved by
and subject to the rules adopted by the department; and
(4) may not be taken for any other use except another public
use:
(A) after a finding by the commission of the existence of an
imperative and unavoidable public necessity for the other
public use; and
(B) with the approval of the governor.
(b) Except as otherwise provided in the articles of dedication, the
department may:
(1) grant, upon the terms and conditions that the department
determines, 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 an
imperative and unavoidable public necessity for the grant or
disposition; 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 and
unavoidable public necessity under section 15 of this chapter;
(2) grants an estate, an interest, or a right in a nature preserve
under section 15 of this chapter;
(3) disposes of a nature preserve or an estate, an interest, or a
right in a nature preserve under section 15 of this chapter; or
(4) enters into an amendment of articles of dedication under
section 13 of this chapter;
the department must give notice of the proposed action and an
opportunity for any person to be heard.
(b) The notice must be published at least one (1) time in a
newspaper printed in the English language with a general circulation
in each county in which the nature preserve is located. The notice
must do the following:
(1) Set forth the substance of the proposed action.
(2) Describe, with or without legal description, the nature
preserve affected.
(3) Specify a place and time not less than thirty (30) days after
the publication for a public hearing before the commission on
the proposed action.
(c) All persons desiring to be heard shall be given a reasonable
opportunity to be heard before action by the commission on the
proposal. As added by P.L.1-1995, SEC.24.
IC 14-31-1-17 Political units, departments, agencies, and instrumentalities urged
to dedicate suitable areas
Sec. 17. All units, departments, agencies, and instrumentalities of
the 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 or
parts 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 does
not 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 nature
preserve under this chapter is responsible for preserving the character
of the area in accordance with the articles of dedication and the
applicable rules concerning nature preserves that the department
adopts.
(c) The dedication of an area as a nature preserve or an action
taken by the department under this chapter does not void or replace
a protected status under law that an area would have if the area were
not a nature preserve. The protective provisions of this chapter are
supplemental to the protected status under law. As added by P.L.1-1995, SEC.24.
IC 14-31-1-1 Public policy
Sec. 1. (a) As part of the continuing growth of the population and
the development of the economy of Indiana, it is necessary and
desirable that areas of unusual natural significance be set aside and
preserved for the benefit of present and future generations before the
areas have been destroyed. Once the areas have been destroyed, the
areas 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 which
are now known;
(3) habitats for plant and animal species and biotic communities
whose diversity enriches the meaning and enjoyment of human
life;
(4) living museums where people may observe natural biotic
and environmental systems of the earth and the interdependence
of all forms of life; and
(5) reminders of the vital dependence of the health of the human
community upon the health of the natural communities of which
the human community is an inseparable part.
(b) It is essential to the people of Indiana that the people retain the
opportunities to:
(1) maintain close contact with the living communities and
environmental systems of the earth described in subsection (a);
and
(2) benefit from the scientific, esthetic, cultural, and spiritual
values the living communities and environmental systems
possess.
(c) It is therefore the public policy of Indiana that:
(1) the department establish and maintain a registry of the areas
described in subsection (a);
(2) the state acquire and preserve the areas described in
subsection (a); and
(3) other agencies, organizations, and individuals, both public
and private, be encouraged to set aside the areas described in
subsection (a) for the common benefit of the people of present
and 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 private
ownership, 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 the
writing by which an estate, an interest, or a right in an area is
formally 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" mean
the transfer to the department, for and on behalf of the state, of an
estate, an interest, or a right in an area in any manner permitted by
sections 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 area
in which an estate, an interest, or a right has been formally dedicated
under 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 nature
preserves 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 future
generations the benefits of an enduring resource of areas, the state
shall, acting through the department, acquire and hold in trust for the
benefit of the people an adequate system of nature preserves for the
following 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 communities
and 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 an
individual may observe and experience natural biotic and
environmental systems of the earth and the processes of the
systems.
(7) To promote understanding and appreciation of the esthetic,
cultural, scientific, and spiritual values of the areas by the
people of Indiana.
(8) For the preservation and protection of nature preserves
against modification or encroachment resulting from
occupation, development, or other use that would destroy the
natural 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 shall
establish and maintain a registry of natural areas of unusual
significance. However, a registered area is not a nature preserve
unless 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 this
chapter. 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, acquire
nature preserves by gift, devise, purchase, exchange, condemnation,
or any other method of acquiring real property or an estate, an
interest, or a right in real property. However, an interest owned by
the state or by a subdivision of the state may be dedicated only by
voluntary act of the agency having jurisdiction. The department may
acquire 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 the
consideration that the department considers advisable or without
consideration. 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 be
dedicated by any of the following:
(1) A state agency having jurisdiction of the area.
(2) Any other unit of government within Indiana having
jurisdiction of the area.
(3) A private owner of the area.
(b) A dedication is effective and an area becomes a nature
preserve only upon the acceptance of the articles of dedication by the
department. Articles of dedication shall be placed on public record
in 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 the
following:
(A) Management.
(B) Use.
(C) Development.
(D) Transfer.
(E) Public access.
(F) Other restrictions and provisions that are necessary or
advisable to further the purposes of this chapter.
(2) Consistent with the purposes of this chapter, define the
respective rights and duties of the owner or operating agency
and of the department.
(3) Provide procedures to be applied in case of violation of the
restrictions 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 another
in accordance with differences in the characteristics and
conditions 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 and
conditions that the department determines, the department may, after
the giving of notice and the holding of a public hearing under section
16 of this chapter, enter into amendments of articles of dedication
upon a finding by the commission that the amendments will not
permit:
(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 this
chapter, an amendment may not be made without the written consent
of 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 for
registration under this chapter.
(3) Formulate policies for the dedication of areas as nature
preserves.
(4) Determine, supervise, and control the management of nature
preserves and adopt and amend rules necessary or advisable for
the use and protection of nature preserves.
(5) Encourage and recommend the dedication of areas as nature
preserves.
(6) Make surveys and maintain registries and records of unique
natural areas within Indiana.
(7) Carry on interpretive programs and publish and disseminate
information pertaining to nature preserves and other areas
within Indiana.
(8) Promote and assist in the establishment, restoration, and
protection of and advise in the management of natural areas and
other areas of educational or scientific value and otherwise to
foster and aid in the establishment, restoration, and preservation
of 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 Indiana
of present and future generations for those uses and purposes
expressed in this chapter that are not prohibited by the articles
of dedication;
(2) are declared to be put to the highest, best, and most
important use for the public benefit;
(3) shall be managed and protected in the manner approved by
and subject to the rules adopted by the department; and
(4) may not be taken for any other use except another public
use:
(A) after a finding by the commission of the existence of an
imperative and unavoidable public necessity for the other
public use; and
(B) with the approval of the governor.
(b) Except as otherwise provided in the articles of dedication, the
department may:
(1) grant, upon the terms and conditions that the department
determines, 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 an
imperative and unavoidable public necessity for the grant or
disposition; 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 and
unavoidable public necessity under section 15 of this chapter;
(2) grants an estate, an interest, or a right in a nature preserve
under section 15 of this chapter;
(3) disposes of a nature preserve or an estate, an interest, or a
right in a nature preserve under section 15 of this chapter; or
(4) enters into an amendment of articles of dedication under
section 13 of this chapter;
the department must give notice of the proposed action and an
opportunity for any person to be heard.
(b) The notice must be published at least one (1) time in a
newspaper printed in the English language with a general circulation
in each county in which the nature preserve is located. The notice
must do the following:
(1) Set forth the substance of the proposed action.
(2) Describe, with or without legal description, the nature
preserve affected.
(3) Specify a place and time not less than thirty (30) days after
the publication for a public hearing before the commission on
the proposed action.
(c) All persons desiring to be heard shall be given a reasonable
opportunity to be heard before action by the commission on the
proposal. As added by P.L.1-1995, SEC.24.
IC 14-31-1-17 Political units, departments, agencies, and instrumentalities urged
to dedicate suitable areas
Sec. 17. All units, departments, agencies, and instrumentalities of
the 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 or
parts 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 does
not 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 nature
preserve under this chapter is responsible for preserving the character
of the area in accordance with the articles of dedication and the
applicable rules concerning nature preserves that the department
adopts.
(c) The dedication of an area as a nature preserve or an action
taken by the department under this chapter does not void or replace
a protected status under law that an area would have if the area were
not a nature preserve. The protective provisions of this chapter are
supplemental to the protected status under law. As added by P.L.1-1995, SEC.24.
