Bill Text: IN SB0539 | 2013 | Regular Session | Amended
Bill Title: Boundaries of Lake Michigan property.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2013-03-05 - First reading: referred to Committee on Natural Resources [SB0539 Detail]
Download: Indiana-2013-SB0539-Amended.html
Citations Affected: IC 14-18.
Synopsis: Boundaries of Lake Michigan property. Provides that the
Lake Michigan boundary of a parcel of real property located on the
shore of Lake Michigan in the town of Long Beach is at the ordinary
high water mark. Provides a cause of action to a person who believes
the person owns real property beyond the ordinary high water mark to
establish the person's title to that property.
Effective: July 1, 2013.
January 14, 2013, read first time and referred to Committee on Agriculture and Natural
Resources.
February 19, 2013, amended, reported favorably _ Do Pass.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Chapter 6.5. Real Property Ownership in Certain Lands Bordering Lake Michigan
Sec. 1. As used in this chapter, "lake lot" refers to a parcel of real property that is located in the town and that borders the ordinary high water mark of Lake Michigan.
Sec. 2. As used in this chapter, "lake ward property" refers to real property bordering Lake Michigan below the ordinary high water mark that is held and controlled by the state in trust for the use of all the citizens of Indiana for recreational purposes.
Sec. 3. As used in this chapter, "ordinary high water mark" means the elevation of 581.5 feet, International Great Lakes Datum (1985).
Sec. 4. As used in this chapter, "town" refers to the Town of Long Beach in LaPorte County.
Sec. 5. (a) This section does not apply to a lake lot owned by the state of Indiana.
(b) Except as provided in section 6 of this chapter, the lake ward boundary of a lake lot is presumed to be located at the ordinary high water mark.
Sec. 6. (a) A person who claims an interest in lake ward property may bring an action under IC 32-30 to establish the person's interest in the lake ward property. A person who brings an action as provided in this section bears the burden of proof.
(b) An action brought under this section may not be brought after June 30, 2015.
(c) A judgment in favor of the person bringing an action under this section shall be made subject to the payment by the person of property taxes on the lake ward property that would have been paid on the real property from January 1, 2003.