HomeMy WebLinkAbout26-21 Resolution Urging a Pause on the Enactment of the Midwest Continental Divide Trail and Committing to Resident Input, Fiscal Responsibility, and Property RightsTO: Canneth Lee, President, South Bend Common Council
FROM: Dr. Oliver Davis, Council Member -At -Large
DATE: July 21, 2026
Filed in Clerk's Office
Jul 21, 2026
Bianca Tirado
City Clerk, South Bend, IN
SUBJECT: Submission of Resolution for Zoning and Annexation Committee Hearing
and Vote on July 27, 2026
Dear President Lee,
I am writing to formally submit the attached resolution for immediate review, scheduling,
and vote by the South Bend Common Council Zoning and Annexation Committee,
which I serve as the Chairperson, during its upcoming committee meeting on July 27,
2026, which then will be heard and voted upon by the full Council during the South
Bend Common Council Meeting on July 27, 2026, at 7 pm.
This resolution addresses critical, urgent matters regarding municipal governance, land
use, and fiscal responsibility. Specifically, it calls for the City of South Bend to join a
formal pause on the execution and development of the Midwest Continental Divide Trail
initiative. The implementation of this multi -jurisdictional infrastructure project introduces
profound long-term implications for our city's zoning policies, municipal boundary
adjustments, and the potential application of eminent domain along the proposed trail
path.
Given that our local administration —primarily through the Department of Community
Investment and its Division of Planning & Community Resources —has already
committed vital planning assets and financial resources to this project, it is imperative
that we halt further participation. This pause must remain in effect until the Indiana State
Legislature repeals Senate Bill 468 during the 2027 legislative session and drafts a
replacement bill that fully integrates direct, structured input from the residents,
agricultural landholders, and stakeholders who will be directly impacted.
Furthermore, this resolution establishes a mandatory protocol requiring the
administration to provide regular, transparent public updates to the Common Council
concerning its planning, operational involvements, and future initiatives linked to this
trail system.
With significant local tax dollars at stake during an economically challenging climate for
our city, county, state, and nation, we must ensure our public funds are utilized with the
highest degree of prudence. I respectfully request that this matter be advanced to the
Zoning and Annexation Committee on July 27, 2026, to allow for full legislative
deliberation and a formal vote.
Thank you for your leadership and your ongoing dedication to the residents of South
Bend.
Sincerely,
Dr. Oliver Davis
South Bend Common Council -At -Large
Sponsor
574-876-6938 - cellphone
odavis a@southbendin. qov
PS - Please see the following links regarding this vital matter:
Local farmer shares concerns with Midwest Continental Divide Trail
Farmers voice concerns over proposed Midwest Continental Divide trail system
Farmers vow to kill Continental Divide trail project if it's still alive
Officials call for suspension of Midwest Continental Divide Trail project
Residents raise concerns over proposed Midwest Continental Divide Trail
BILL NO. 26-21.
RESOLUTION NO.
Filed in Clerk's Office
Jul 21, 2026
Bianca Tirado
City Clerk, South Bend, IN
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.
SECTION IV. The City of South Bend's Administration is hereby directed to provide
regular, comprehensive public reports to the South Bend Common Council detailing its current
involvements, expenditures, and future planning pertaining to this initiative.
SECTION V. This Resolution shall be in full force and effect from and after its adoption
by the Common Council and approval by the Mayor.
Adopted this 27th day of July, 2026.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2026, at o'clock .m.
.m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2026, at _ o'clock
James Mueller, Mayor
City of South Bend, Indiana