February 20, 2013
SENATE BILL No. 539
_____
DIGEST OF SB 539
(Updated February 18, 2013 11:37 am - DI 109)
Citations Affected: IC 14-18.
Synopsis: Boundaries of Lake Michigan property. Provides that the
Lake Michigan boundary of a parcel of real property located on the
shore of Lake Michigan in the town of Long Beach is at the ordinary
high water mark. Provides a cause of action to a person who believes
the person owns real property beyond the ordinary high water mark to
establish the person's title to that property.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Agriculture and Natural
Resources.
February 19, 2013, amended, reported favorably _ Do Pass.
February 20, 2013
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2012 Regular Session of the General Assembly.
SENATE BILL No. 539
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 14-18-6.5; (13)SB0539.1.1. -->
SECTION 1. IC 14-18-6.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]:
Chapter 6.5. Real Property Ownership in Certain Lands
Bordering Lake Michigan
Sec. 1. As used in this chapter, "lake lot" refers to a parcel of
real property that is located in the town and that borders the
ordinary high water mark of Lake Michigan.
Sec. 2. As used in this chapter, "lake ward property" refers to
real property bordering Lake Michigan below the ordinary high
water mark that is held and controlled by the state in trust for the
use of all the citizens of Indiana for recreational purposes.
Sec. 3. As used in this chapter, "ordinary high water mark"
means the elevation of 581.5 feet, International Great Lakes Datum
(1985).
Sec. 4. As used in this chapter, "town" refers to the Town of
Long Beach in LaPorte County.
Sec. 5. (a) This section does not apply to a lake lot owned by the
state of Indiana.
(b) Except as provided in section 6 of this chapter, the lake ward
boundary of a lake lot is presumed to be located at the ordinary
high water mark.
Sec. 6. (a) A person who claims an interest in lake ward
property may bring an action under IC 32-30 to establish the
person's interest in the lake ward property. A person who brings
an action as provided in this section bears the burden of proof.
(b) An action brought under this section may not be brought
after June 30, 2015.
(c) A judgment in favor of the person bringing an action under
this section shall be made subject to the payment by the person of
property taxes on the lake ward property that would have been
paid on the real property from January 1, 2003.