5178-26 Resolution Urging a Pause on the Enactment of the Midwest Continental Divide Trail and Committing to Resident Input, Fiscal Responsibility, and Property Rights

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BILL NO. 26-21 RESOLUTION NO. 5178-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, URGING A PAUSE ON THE ENACTMENT OF THE MIDWEST CONTINENTAL DIVIDE TRAIL AND COMMITTING TO RESIDENT INPUT, FISCAL RESPONSIBILITY, AND PROPERTY RIGHTS WHEREAS, the Indiana State Legislature enacted Senate Bill 468, establishing the framework for the Midwest Continental Divide Trail and its governing Commission; and WHEREAS, the City of South Bend, via the Mayor's designee, is designated to hold a voting seat on the five-member Midwest Continental Divide Trail Commission, an appointment and involvement that requires the review and voting approval of the South Bend Common Council; and WHEREAS, the Commission shares seats with county partners and the Pokagon Band of Potawatomi, requiring deep regional alignment and respectful collaboration on all shared jurisdictional impacts; and WHEREAS, the City of South Bend has already invested significant planning and financial resources into this initiative through the City of South Bend Department of Community Investment and the Department of Public Works; and WHEREAS, residents, particularly local farmers and property owners who will be directly impacted by the proposed route, deserve complete transparency and respect before municipal actions proceed; and WHEREAS, the exact desired trail route must be fully disclosed and made public to ensure adequate protection against zoning conflicts, forced annexations, and the infringement of property rights through eminent domain; and WHEREAS, during these challenging economic times across our city, county, state, and country, the South Bend Common Council must ensure that municipal funds represent the absolute best use of local taxpayer monies; and WHEREAS, legislative remedies are necessary to protect local autonomy, requiring the Indiana State Legislature to repeal Senate Bill 468 in the 2027 legislative session and enact a replacement bill built upon the direct input of impacted residents. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. The South Bend Common Council officially calls for an immediate pause on all municipal participation in the enactment of the Midwest Continental Divide Trail Commission until such a time that the Indiana State Legislature repeals Senate Bill 468 in the 2027 session and introduces replacement legislation crafted with direct resident input. SECTION II. The South Bend Common Council declares that the exact desired trail route be made fully public before this Council proceeds with any votes or approvals, out of respect for the farmers, landowners, and other affected residents whose properties face long-term risks. SECTION III. The South Bend Common Council asserts its authority to strictly scrutinize and regulate all zoning, annexation, and eminent domain issues connected to this trail project to protect the integrity of local agricultural, residential, and commercial properties.