HomeMy WebLinkAbout5178-26 Resolution Urging a Pause on the Enactment of the Midwest Continental Divide Trail and Committing to Resident Input, Fiscal Responsibility, and Property Rights RESOLUTION No . 5178-26
Passed by the Common Council of the City of South Bend, Indiana
July 27, 20 26
Attest: ---- City Clerk
Bianca L. Tirado
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana _
July 28, 2026
SA-KA hr" City Clerk
Bianca L. Tirado
Approved and signed by me 20 26
Mayor
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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.
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:
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Bianca L. Tirado, City erk
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 28th day of July , 2026, at 12 o'clock p.m.
Bianca L. Tirado, City rk
Office of the City Clerk
Approved and signed by me on the day of , 2026, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana