Sec. 3. A responsible party must file the following information under section 2 of this chapter:
(1) A description and map of the proposed recreational trail. The information filed under this subdivision must identify the following:
(A) The properties for which the responsible party has secured the legal right to use as a recreational trail.
(B) The properties for which the responsible party has not, at the time of the filing, secured the legal right to use as a recreational trail.
(2) The name and address of the responsible party. If the responsible party is not an individual, the following information about the responsible party must also be included:
(A) If the responsible party is a governmental entity, the following:
(i) The name and address of the individual or body responsible for the administration of the governmental entity.
(ii) The name, address, and head of any agency of the governmental entity that will be responsible for the operation of the recreational trail.
(B) If the responsible party is a corporation of any kind, the officers of the corporation and the address at which legal documents for the corporation may be served.
(C) If the responsible party is a partnership of any kind, the names and addresses of all of the partners.
(D) If the responsible party is any other kind of entity, the name and address of each individual who satisfies the following:
(i) The individual belongs to or is affiliated with the entity.
(ii) The individual has some responsibility for the organization or governance of the entity.
(3) A project concept statement for the recreational trail, including a location map, cross-section, and sketch of the project, detailed enough to generate project cost estimates. The proposed project is not required to be designed before filing, but the concept must be reasonable from a transportation engineering standpoint and detailed enough to generate project cost estimates.
(4) An environmental impact statement, if required by law.
(5) An itemized cost estimate for the total project showing for each item the cost and funding source.
(6) Expenses, including personnel costs, costs of goods and services, contractual services, equipment, utilities, travel, and taxes. The information provided under this subdivision must specifically show expenses for:
(A) trail security;
(B) fencing;
(C) maintenance; and
(D) drainage.
(7) A trail operation agreement under which the responsible party agrees to operate the recreational trail. The trail operation agreement must provide that the responsible party shall grant easements to persons who own adjacent property on both sides of the recreational trail permitting those persons to cross the trail in a reasonable fashion given the use of the adjacent property. The following may require inclusion of other provisions in the trail operation agreement considered advisable:
(A) The department of natural resources.
(B) The executive of a county if an ordinance of the legislative body of the county is required to authorize the recreational trail under this chapter.
(C) The executive of a municipality if an ordinance of the legislative body of the municipality is required to authorize the recreational trail under this chapter.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.17.
