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Ind. Code § 14-18-6-4

Acquisition of title to submerged property

Applied in 1 court decision — leading case Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great Lakes (2018)

Most recently applied in Don H. Gunderson and Bobbie J. Gunderson, Co-Trustees of the Don H. Gunderson Living Trust v. State of Indiana, Indiana Department of Natural Resources, Alliance for the Great Lakes (February 2018)

As added by P.L.1-1995, SEC.11

Sec. 4. An interested person may acquire title to submerged real property adjacent to and within the width of the land bordering on Lake Michigan and between the shore and the dock or harbor line by doing the following:

(1) Applying to the department for both of the following:

(A) A permit to fill in, reclaim, and own the real property. A permit issued under this clause is not effective until approved by the governor.

(B) A permit under IC 14-29-1.

Obtaining the permits described in this subdivision is a condition for obtaining a patent under this chapter.

(2) Obtaining an accurate survey and plat of:

(A) the real property between the interested person's real property and the dock or harbor line; or

(B) as much of the real property as the interested party wants to fill in and improve.

The interested party must apply to the county surveyor of the county in which the real property lies for approval of the survey and plat.

(3) After the survey and plat are certified by the professional surveyor and approved by the county surveyor, doing the following:

(A) Filing the survey and plat with the state land office division of the Indiana department of administration.

(B) Filing a copy of the survey and plat with the commissioner of the department of environmental management.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.