Dubois County Circuit Court ruling clears way for Mid-States Corridor surveys

Dubois Circuit Court grants permanent injunction after landowners refused entry to Indiana Department of Transportation contractors conducting environmental assessments

Dubois County Circuit Court Judge Nathan Verkamp has ordered property owners to allow the Indiana Department of Transportation access to their land for surveys related to the Mid-States Corridor Project, ending months of resistance that allegedly delayed the infrastructure initiative and increased costs.

Judge Verkamp issued a permanent injunction on August 7, following the July 2 hearing between the Indiana Department of Transportation and the property owners, who were named for refusing access to their properties to surveyors.

The Mid-States Corridor Project is a public infrastructure initiative approved by the Federal Highway Administration on Sept. 15, 2023. With approval based on the Tier 1 study, INDOT was given the go-ahead to begin the Tier 2 studies, which will determine the path the roadway will take through the chosen alignment and recommend the type of road to be constructed.

The state contractor, Lochmueller Group, is charged with conducting the Tier 2 study for the proposed corridor extending from I-64 east around Huntingburg and Jasper to near State Road 56 at Haysville. This is the first alignment being studied in the Tier 2 study that will be completed in two to three phases.

The state initiated legal action on March 6 after property owners refused to allow contractors onto their land despite receiving proper statutory notice. According to court documents, the Indiana Department of Transportation provided notice by first-class mail on July 23, 2024, informing defendants that contractors would require access for surveys.

“The State requires access to Defendants’ properties in order to conduct surveys required by statute prior to the commencement of the Project,” the court found.

Survey activities include environmental and ecological studies, mapping buildings, trees, fences, and driveways, as well as drone flight surveys and obtaining ground elevations. The work also encompasses identifying and mapping wetlands and streams, as well as conducting archaeological investigations that may include excavation of small shovel test probes and various other environmental studies. The state must also determine whether the properties serve as habitat for an endangered bat species.

The state went beyond its statutory requirements by providing additional notice through door hangers and direct in-person visits supported by local law enforcement beginning Sept. 16, 2024, the court wrote in its decision.

Property owners actively refused entry by sending cease-and-desist letters and verbally denying access despite receiving proper notice. Their refusals delayed necessary environmental and preliminary assessments, significantly increasing project costs and extending timeframes, according to the state.

Under Indiana Code § 8-23-7-26, authorized employees or representatives of the transportation department may enter any land or property within Indiana to conduct surveys or investigations. The statute permits inspecting, measuring, leveling, boring, trenching, sample-taking, archaeological digging, investigating soil and foundation, transporting equipment, and any other work necessary to carry out surveys.

The law requires the department to notify occupants in writing by first-class mail at least five days before entry. The court found the state fully complied with statutory notice requirements, providing timely and sufficient notice to defendants.

Judge Verkamp determined the state met all requirements for declaratory relief, including demonstrating a justiciable controversy, clear statutory authorization, and compliance with statutory notice requirements.

For the permanent injunction, the court found that the state had established success on the merits, given its statutory authority and the defendants’ admissions.

“The Defendants’ continued refusal to comply with a clear statutory mandate constitutes a violation of law,” the court ruled. Under Indiana law, when a party’s actions are unlawful under a statute, courts may invoke the per se rule to presume irreparable harm and dispense with the balancing of equities.

The state presented evidence during the hearing showing that project delays caused by defendants’ actions are increasing costs and completion time. These costs are ultimately borne by taxpayers.

“It is in the best interests of the public that the rule of law be upheld and that the State be allowed to complete surveys the federal and state legislatures have required it to complete,” the court found.

The permanent injunction expressly authorizes the Indiana Department of Transportation and its agents to enter, survey and assess defendants’ properties within or adjacent to the Mid-States Corridor Project. Property owners, their agents, representatives and those acting with them are permanently enjoined from obstructing or interfering with lawful entry and survey activities.

Local and state law enforcement officers are authorized to assist the state and its agents as necessary to enforce compliance with the order and maintain public safety.

Violations of the order subject the defendants to contempt proceedings under Indiana law, including fines, sanctions, attorney’s fees, and other relief deemed appropriate.

In response to the ruling, Hoosiers for the Corridor issued the following statement.

“The Mid-States Corridor project is an important investment in our future,” said Colten Pipenger, Executive Director of Dubois Strong and member of Hoosiers for the Corridor. “This ruling affirms that INDOT and their contractors can complete the surveys needed to responsibly study the land, that they followed all the laws, and can keep the project moving forward for the benefit of the region.”