Court orders property access for Mid-States Corridor Project

Judge grants INDOT’s request for preliminary injunction against landowners blocking survey work

The Dubois Circuit Court has ordered property owners to allow the Indiana Department of Transportation access to their land for survey work related to the Mid-States Corridor project.

Judge Nathan Verkamp issued the ruling on May 16, 2025, following Wednesday’s hearing on INDOT’s motion for a temporary restraining order and preliminary injunction against multiple defendants.

The case stems from INDOT’s attempts to conduct surveys on properties in Dubois County that fall within the planned route of the Mid-States Corridor transportation project. According to court documents, several property owners have denied access to INDOT representatives seeking to perform survey work.

“Indiana Department of Transportation and its authorized representatives have the statutory right of access to enter, survey and assess properties in the area designated by the Mid-States Corridor,” Judge Verkamp stated in the order.

The ruling explicitly enjoins the defendants from “interfering with the Indiana Department of Transportation or its designees” as they conduct their work.

As stated in the judge’s ruling, INDOT’s legal authority for accessing private property comes from Indiana Code 8-23-7-26, which grants the department’s authorized employees or representatives the right to enter land to conduct surveys or investigations authorized by the commissioner. The statute permits various activities, including inspecting, measuring, boring, trenching, sample-taking, archaeological digging, soil and foundation investigation, and transporting equipment necessary for the survey work.

The court applied what is known as the “per se rule” in granting the preliminary injunction. This legal principle allows courts to enjoin activities that are “clearly contrary to the law and against the public interest” without requiring the plaintiff to demonstrate irreparable harm or a balance of hardship in their favor.

“When acts sought to be enjoined are contrary to the law, the plaintiff need not make two of the four requirements for obtaining a preliminary injunction – a showing of irreparable harm or a balance of hardship in his favor,” the order explains, citing the case of Curley v. Lake County Board of Elections and Registration.

The court determined that INDOT had met the necessary legal burden for obtaining the injunction under this standard.

During the May 14 hearing, INDOT was represented by attorney Wesley A. Garrett. While the majority of defendants were represented by attorney Russel Sipes, others, including Samuel Mehringer and Linda Mehringer, represented themselves. Not everyone named in the case appeared at Wednesday’s hearing.

Here is a story on that hearing.

The court’s order effectively requires all named defendants to allow INDOT and its representatives to enter their properties to conduct the surveys and assessments needed for the Mid-States Corridor planning process.

While the ruling grants INDOT immediate access to the properties, it represents just one step in what is likely to be a lengthy process for the transportation project, which must still complete various planning, environmental review, and funding stages before construction could begin.

Since this is a preliminary injunction, the case remains active in the Dubois Circuit Court with a hearing set for July 2, though this ruling resolves the immediate question of INDOT’s right to access the properties for survey purposes.

Members of the Property Rights Alliance have stated that this ruling was expected. However, they will continue to work to oppose the project.