Verkamp continues preliminary injunction allowing surveys for Mid-States Corridor

Circuit Court Judge Nathan Verkamp held up his dictionary he’s had since attending college as he explained he had to abide by his oath to uphold the law. In his original ruling on the temporary injunction, Judge Verkamp noted the definition of the word “may” in his decision as the “operable word” in the interpretation of I.C. 8-23-7-26, which allows surveyors access to private properties.

Judge Nathan Verkamp of the Dubois County Circuit Court is weighing a declaratory action and permanent injunction for surveyors to access properties as they conduct the Tier 2 study for the Midstate Corridor project, a proposed highway linking State Route 66 and I-69.

The case revolves around the state’s authority to access private property for surveys under Indiana Code 8-23-7-26. Some property owners have refused access, causing project delays and higher costs, according to the Indiana Department of Transportation.

Jason Dupont, Environmental Services Director at Lochmueller Group, explained that these surveys are standard and required by both state and federal law. He pointed out that access denials have made it difficult to comply with federal regulations and have affected project timelines.

“We can’t get on the ground to do these specific surveys and gather data on resources,” Dupont said. “This missing information is holding up the NEPA (National Environmental Policy Act) process documentation.”

*Deputy Attorney General Wesley Garrett spoke with Judge Nathan Verkamp during today’s hearing.*

Defense attorney Russell Sipes acknowledged the state’s legal authority but raised concerns about the process, including claims that law enforcement has been involved in attempts to access properties.

“My clients have reported significant problems with how they were notified,” Sipes said. “The people I represent, and others I’ve spoken to, are worried about how this is being handled.”

Judge Verkamp suggested improving communication between surveyors and property owners to reduce tension. He proposed that the Lochmeuller Group give advance notice of survey dates to affected landowners.

“If people had a heads up about someone coming onto their property within a certain timeframe, that would obviously help,” Verkamp said.

The judge stressed his duty to follow the law, regardless of personal views. He’s given both parties 30 days to prepare proposed findings of fact and conclusions of law.

For now, Verkamp’s previous order remains in effect, allowing surveys to continue.

This story will be updated