CHAPTER 4. ACQUISITION OF REAL PROPERTY BY THE UNITED STATES FOR CERTAIN PURPOSES
IC 14-17-4
Chapter 4. Acquisition of Real Property by the United States for
Certain Purposes
IC 14-17-4-1
State consent to acquisition by federal government
Sec. 1. (a) The state consents to the acquisition by the United
States of real property in Indiana for any of the following purposes:
(1) The acquisition, establishment, maintenance, or
development of fish hatcheries, wildlife preserves, or forest
preserves.
(2) Agricultural, recreational, or experimental uses.
(b) The United States may acquire real property under this chapter
by purchase, gift, or eminent domain.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-2
Powers of federal government
Sec. 2. Except as provided in this chapter, the United States may
act as necessary to maintain, develop, control, and administer real
property acquired under this chapter through either of the following:
(1) The officers, agents, or employees of the United States.
(2) Cooperative agreement with the department.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-3
Acceptance of property acquired by federal government
Sec. 3. Subject to IC 4-20.5-3, the department may accept any real
property acquired by the United States under this chapter in the same
manner as the department acquires real property owned in Indiana by
an individual.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-4
Agreements with federal government
Sec. 4. The department may enter into an agreement with the
United States or an agency of the United States for the acquisition,
maintenance, development, control, and administration of real
property acquired by the United States under this chapter.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-5
Concurrent jurisdiction
Sec. 5. The state retains concurrent jurisdiction with the United
States in and over real property acquired under this chapter, so that
civil process and criminal process issued under the authority of the
state against a person charged with the commission of an offense can
be executed on the real property.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-6
State retaining exclusive right to regulate birds and wildlife
Sec. 6. The state retains the exclusive right to regulate the taking,
killing, or hunting of wild birds (except migratory birds) or wild
animals on real property acquired by the United States under this
chapter in the same manner and to the same extent as the state may
regulate the taking, killing, or hunting of wild birds or wild animals
on land owned by the state and used for conservation purposes.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-7
Cession of concurrent criminal jurisdiction to federal government
Sec. 7. (a) This section applies to real property acquired by the
United States under this chapter and in which the United States does
not have concurrent criminal jurisdiction.
(b) Upon application of an officer of the United States who has
authority and control over the real property, the governor may, by
executive order, cede to the United States concurrent criminal
jurisdiction.
(c) The application must include an accurate description and a plat
of the real property within which concurrent criminal jurisdiction
would be exercised.
(d) The application may include a request to exercise concurrent
criminal jurisdiction over recreational real property owned by the
state if the recreational real property is located adjacent to or within
the boundaries of the real property of the United States described in
the application.
(e) The application must show to the satisfaction of the governor
that the cession of concurrent criminal jurisdiction is necessary for
the public safety and the proper maintenance and control of the real
property.
As added by P.L.1-1995, SEC.10.
IC 14-17-4-8
Open fires
Sec. 8. (a) A person must have a written permit from the
supervisor in charge of real property acquired by the United States
under a statute to:
(1) burn brush, grass, or debris; or
(2) set or kindle an open fire;
within one-half (1/2) mile of the real property.
(b) The permit described in subsection (a) must be issued under
rules considered necessary for the protection of the real property
from uncontrolled fire in consideration of the weather conditions.
(c) A person who knowingly violates subsection (a) commits a
Class B misdemeanor.
As added by P.L.1-1995, SEC.10.