January 30, 2004
HOUSE BILL No. 1031
_____
DIGEST OF HB 1031
(Updated January 28, 2004 2:30 pm - DI 92)
Citations Affected: IC 14-26.
Synopsis: Lake access by an easement. Prohibits, except when granted
written permission, constructing or maintaining a pier, a dock, or
another structure that blocks or restricts an easement holder's access to
or use of a public lake. Allows an easement holder to use certain
structures that extend from the easement to the shoreline or into a lake.
Authorizes the natural resources commission to mediate disputes
between easement holders. Authorizes judicial review of commission
actions. Authorizes easement holders to form an association or a
conservancy district to manage the easement. (The introduced version
of this bill was prepared by the natural resources study committee.)
Effective: Upon passage.
Pond, Bischoff
December 4, 2003, read first time and referred to Committee on Agriculture, Natural
Resources and Rural Development.
January 29, 2004, amended, reported _ Do Pass.
January 30, 2004
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1031
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-26-2-23; (04)HB1031.1.1. -->
SECTION 1. IC 14-26-2-23, AS ADDED BY P.L.64-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 23. The commission shall adopt rules in the
manner provided in IC 14-10-2-4 to do the following:
(1) Assist in the administration of this chapter.
(2) Provide objective standards for licensing:
(A) the placement of a temporary or permanent structure or
material; or
(B) the extraction of material;
over, along, or within a shoreline or waterline. The standards shall
exempt any class of activities from licensing if the commission
finds that the class is unlikely to pose more than a minimal
potential for harm to the public rights described in section 5 of
this chapter.
(3) Establish a process under IC 4-21.5 for the mediation of
disputes among riparian owners
or easement holders or between
a riparian owner
or an easement holder and the department
concerning the usage of an area over, along, or within a shoreline
or waterline for a matter within the jurisdiction of this chapter.
The rule must provide that: the following:
(A) If good faith mediation under the process fails to achieve
a settlement, the department shall make a determination of the
dispute. and In making the determination the department
shall consider and accommodate this chapter and the rules
adopted under this chapter, including the public trust, with
the correlative riparian rights and easement rights of
affected persons. The determination may include an
equitable allocation of uses where reasonably required by
available space or resources.
(B) A person affected by the determination of the department
may seek administrative review by the commission.
(C) A party to an action by the commission may seek
judicial review in a county where the freshwater lake is
located.
SOURCE: IC 14-26-2-24; (04)HB1031.1.2. -->
SECTION 2. IC 14-26-2-24 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
Sec. 24. (a) This section governs the interests
between or among easement holders. This section does not apply to
an easement owned or controlled by a political subdivision (as
defined by IC 36-1-2-13).
(b) Except as provided in subsection (c), a person may not
construct or maintain a pier, a dock, or another structure that
blocks or restricts an easement holder's access to or use of, by use
of the easement, a public freshwater lake.
(c) Notwithstanding subsection (b), a person may construct or
maintain a pier, a dock, a lift station, a platform, or another
structure that blocks or restricts an easement holder's access to or
use of, by use of the easement, a public freshwater lake if one (1) of
the following conditions exists:
(1) If the easement is owned and controlled by an association,
written permission is granted in accordance with the rules
and bylaws of the association.
(2) If an easement is controlled by a conservancy district,
written permission is granted by the board of directors.
(d) Each easement holder has the right to use a pier, a dock, a
lift station, a platform, or another structure that extends from the
easement holder's easement to the shoreline or water line or into
a public freshwater lake.
(e) Where a plat, a subdivision, an addition, or other identifiable
parcel of land is served by an easement that provides access to a
public freshwater lake and the easement does not provide
effectively for the easement's management, a majority of the
freeholders (as defined by IC 14-8-2-104) who are benefitted by the
easement may form:
(1) an association established under IC 23-5 through IC 23-10;
or
(2) a conservancy district established under IC 14-33.
A conservancy district established under this subsection provides
beneficial water management under IC 14-33-1-1(a)(6).
SOURCE: ; (04)HB1031.1.3. -->
SECTION 3.
An emergency is declared for this act.