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;

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Terms Used In Indiana Code 14-31-1-13

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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:

    Indiana Code 14-31-1-2

  • 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. See Indiana Code 14-31-1-3
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
(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.

[Pre-1995 Recodification Citation: 14-4-5-6(d).]

As added by P.L.1-1995, SEC.24.