Property Rights Alliance urges Dubois County to withdraw from Mid-States Corridor Regional Development Authority

Members of the Property Rights Alliance and Coalition Against the Mid-States Corridor urged the Dubois County Council to withdraw from the Mid-States Corridor Regional Development Authority, citing concerns about transparency, fiscal responsibility, and the authority’s expansive powers.

Mark Nowotarski, a Dubois County resident and member of both organizations, read a letter from Brad Hochgesang (included below) outlining the coalition’s position during public comment at the County Council meeting held Monday afternoon.

The letter argued that the RDA has fulfilled its original purpose and now operates without a clear mandate while retaining unusually broad statutory powers.

“The function of the RDA was created to support has been filled. Tier one is complete, and the state now carries the full responsibility for Tier 2,” Nowotarski read from the letter. “What remains is a Regional Development Authority with unusually broad statutory powers but no defined project, no current mandate and a record of inconsistent public accountability.”

The coalition’s primary concern centers on governance rather than transportation, according to the letter. Indiana Code 36-7.6 grants regional development authorities extensive powers, including the ability to finance transportation and economic development initiatives, acquire property, issue bonds, make loans and exercise eminent domain with gubernatorial approval.

“These are far reaching tools appropriate only for highly active, transparent and accountable public authority with a clear mandate and strong public confidence,” the letter states. “The Midstates Corridor RDA no longer has such a mandate.”

The legal structure creates additional complications for local governments. Under Indiana Code 36-7.6-2-3, when a county joins a regional development authority, all qualified cities in that county automatically become members. This means Jasper and Huntingburg cannot withdraw independently from the RDA unless Dubois County withdraws first.

“The practical effect is unavoidable,” the letter states. “If Dubois County does not withdraw, Jasper and Huntingburg remain legally bound to the RDA at a moment when the authority has no remaining mandate.”

The coalition argues that the RDA failed to meet statutory requirements for renewal. Indiana Code 36-7.6-2-5 requires members to serve a minimum eight-year term, after which they must adopt an ordinance to either renew their membership or withdraw. The coalition contends this decision should have been made at least 12 months before the term expired.

The council approved the creation of the Mid-States Regional Development Authority by ordinance in August 2017. In April 2018, the Dubois County Commissioners approved the RDA board members.

Coalition member and resident Roger Pund highlighted specific statutory powers that concern residents. He noted that under Indiana Code, the development authority has 22 powers, including the authority to take “any action to carry out this article,” unless prohibited by law.

“Unless they’re breaking the law and they get a whim of what they want to do, they have the power to do it and they don’t have to ask,” Pund said.

He added that the only power they lack is the power of eminent domain.

The coalition also raised transparency issues, with Nowotarski noting problems accessing meeting minutes and financial reports. He said he has attended nearly every quarterly RDA meeting for three years but found the organization’s website to be lacking in current information.

“If you go to the Mid-States Corridor RDA website today, the last time they had their minutes in there I think was sometime in 2024,” he said.

He added that at recent meetings, RDA officials acknowledged website issues but have not resolved them, despite having sufficient funds.

Council President Mike Kluesner told the group the council had not been contacted by the RDA regarding renewal requirements. When asked about the timeline, council members indicated uncertainty about proper procedures and noted they would need to research the matter further.

The withdrawal process itself is straightforward, according to the coalition. Indiana Code 36-7.6-2-5 requires adopting an ordinance stating withdrawal, providing formal written notice to the RDA, and having the RDA notify the Indiana Economic Development Corporation.

Jasper resident Bob Pfister cited past statements by the council that their authority over the RDA is limited, then pointed to the code governing the county’s membership. “Your power is to revoke and not to renew their charter,” he told the council. “That’s the power you have.”

Pfister pushed the council on whether they would take action. “Are you going to take a vote tonight, maybe?” he asked.

Kluesner said they weren’t prepared to take a vote and that an ordinance would have to be drafted for consideration.

Citing the Indiana Code, he said he was unsure what would happen if they didn’t pass an ordinance.

The code provides that an entity (county, city, town) may issue an ordinance continuing its support for the RDA or withdrawing that support within 12 to 18 months of the eighth year of its establishment. However, it doesn’t specify what happens if the entity takes no action.

“Does it go away or what…” he asked rhetorically. “That’s what is somewhat confusing to me.”

He added that most members of the current council were not in office when the ordinance establishing the RDA was originally approved.

The council did not take action on the matter during the meeting, with members indicating they need time to review the information and consult legal counsel on the appropriate procedures.

The groups also approached the Dubois County Commissioners with a similar request at their meeting earlier the same day.

Commissioner Chad Blessinger acknowledged that the county needed to consider whether the Mid-States Corridor RDA remains necessary, given that INDOT appears to be on track to construct the roadway. He added that it may be prudent to keep the RDA active as an entity that can raise funds for the highway, thereby reducing the financial burden on the county.

According to INDOT, the Mid-States Corridor RDA is a stakeholder in the corridor’s development, along with the Property Rights Alliance. Both groups are represented in Community Advisory Committee meetings held with INDOT.

On Monday, INDOT hosted an Industry Day event for interested contractors, materials suppliers, and other partners as the Mid-States Corridor project enters its construction planning phase. Information on contract limits, procurement types and proposed schedules was shared for industry review and feedback at the Indianapolis Ivy Tech Conference Center.

In the announcement, INDOT stated that the highway will be constructed in phases, prioritizing early work within the State Road 162 to State Road 164 segment in Dubois County.

The Tier 2 study is still underway to further refine the project design, assess environmental impacts, and determine the specific roadway alignment. It is expected to be complete by the summer of 2027.

Here is the letter sent to the Dubois County Commissioners and Council. The group plans to ask the Jasper and Huntingburg councils to support withdrawing from the Mid-States Corridor as well in future meetings.