(a) The nature preserves within the system:(1) are to be held in trust for the benefit of the people of Indiana of present and future generations for those uses and purposes expressed in this chapter that are not prohibited by the articles of dedication;(2) are declared to be put to the highest, best, and most important use for the public benefit;(3) shall be managed and protected in the manner approved by and subject to the rules adopted by the department; and(4) may not be taken for any other use except another public use:(A) after a finding by the commission of the existence of an imperative and unavoidable public necessity for the other public use; and(B) with the approval of the governor.(b) Except as otherwise provided in the articles of dedication, the department may:(1) grant, upon the terms and conditions that the department determines, an estate, an interest, or a right in; or(2) dispose of;a nature preserve.(c) The department may take action under subsection (b) only:(1) after a finding by the commission of the existence of an imperative and unavoidable public necessity for the grant or disposition; and(2) with the approval of the governor.[Pre-1995 tion (b) only:(1) after a finding by the commission of the existence of an imperative and unavoidable public necessity for the grant or disposition; and(2) with the approval of the governor.[Pre-1995 Recodification Citation: 14-4-5-8.]As added by P.L.1-1995, SEC.24.
Indiana Legal Code