§ 8-4.5-6-3 — Information to be filed

Indiana § 8-4.5-6-3

• Jurisdiction: Indiana
• Art. 4.5: TRANSPORTATION CORRIDOR PLANNING
• Ch. 6: Local Participation in Establishment of Recreational

Text

A responsible party must file the following
information under section 2 of this chapter:
(1) A description and map of the proposed recreational trail. The
information filed under this subdivision must identify the
following:
(A) The properties for which the responsible party has secured
the legal right to use as a recreational trail.
(B) The properties for which the responsible party has not, at
the time of the filing, secured the legal right to use as a
recreational trail.
(2) The name and address of the responsible party. If the
responsible party is not an individual, the following information
about the responsible party must also be included:
(A) If the responsible party is a governmental entity, the
following:
(i) The name and address of the individual or body
responsible for the administration of the governmental entity.
(ii) The name, address, and head of any agency of the
governmental entity that will be responsible for the operation
of the recreational trail.
(B) If the responsible party is a corporation of any kind, the
officers of the corporation and the address at which legal
documents for the corporation may be served.
(C) If the responsible party is a partnership of any kind, the
names and addresses of all of the partners.
(D) If the responsible party is any other kind of entity, the name
and address of each individual who satisfies the following:
(i) The individual belongs to or is affiliated with the entity.
(ii) The individual has some responsibility for the
organization or governance of the entity.
(3) A project concept statement for the recreational trail,
including a location map, cross-section, and sketch of the project,
detailed enough to generate project cost estimates. The proposed
project is not required to be designed before filing, but the
concept must be reasonable from a transportation engineering
standpoint and detailed enough to generate project cost estimates.
(4) An environmental impact statement, if required by law.
(5) An itemized cost estimate for the total project showing for
each item the cost and funding source.
(6) Expenses, including personnel costs, costs of goods and
services, contractual services, equipment, utilities, travel, and
taxes. The information provided under this subdivision must
specifically show expenses for:
(A) trail security;
(B) fencing;
(C) maintenance; and
(D) drainage.
(7) A trail operation agreement under which the responsible party
agrees to operate the recreational trail. The trail operation
agreement must provide that the responsible party shall grant
easements to persons who own adjacent property on both sides of
the recreational trail permitting those persons to cross the trail in
a reasonable fashion given the use of the adjacent property. The
following may require inclusion of other provisions in the trail
operation agreement considered advisable:
(A) The department of natural resources.
(B) The executive of a county if an ordinance of the legislative
body of the county is required to authorize the recreational trail
under this chapter.
(C) The executive of a municipality if an ordinance of the
legislative body of the municipality is required to authorize the
recreational trail under this chapter.

Legislative History

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.17.