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APC hears DNR letter saying 1,705 acres of Vermillion Rise slated for conservation; members press for clarity on eminent‑domain language

July 11, 2025 | Vermillion County, Indiana


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APC hears DNR letter saying 1,705 acres of Vermillion Rise slated for conservation; members press for clarity on eminent‑domain language
The Vermillion County Area Plan Commission on Tuesday reviewed a written response from the Indiana Department of Natural Resources saying 1,705 acres of the Vermillion Rise Mega Park are expected to be conveyed to DNR and restricted to use as part of the Indiana Bat Protection Zone when the agency takes title in 2026. Will Haines, legislative director for the Indiana DNR, wrote that ‘‘the property is deed restricted as a result of its original conveyance from the army’’ and that ‘‘once the property comes to DNR next year, its use is restricted to only being part of the Indiana Bat Protection Zone. Currently, there is no timeline for the acquisition other than during 2026.’’

Members said the 1,705 acres are part of a larger parcel often described as roughly 7,000 acres in project materials. Commission members asked staff and each other whether DNR must accept the acreage and noted prior documents. One participant said a 2009 letter of intent signed by the IDNR’s John Davis and a representative of the Newport Chemical Depot reuse authority discussed conservation commitments.

Several commissioners also raised concern about language that appeared in a recent state budget bill related to eminent domain. Commission members said they have received conflicting information about whether language that would strengthen eminent‑domain authority was added late in the legislative process and who requested those changes. The commission discussed asking Representative Tim Yoakam — listed on the agenda and who had previously texted staff about the matter — to return to the commission to explain his understanding of what language was inserted and who proposed it.

No formal vote was taken on the DNR letter; members agreed to maintain the record of the agency response and to consider whether to invite Rep. Yoakam or other state officials to a future meeting for clarification. Commissioners also noted the county commissioners had recently sent letters opposing injection of CO2 in the county and that the topic is moving through other county and state forums.

Why it matters: the proposed conveyance and deed restrictions affect future land use and the scope of any energy projects on or near the rise. Members said they want firm answers about deed restrictions, transfer timing and how recent budget language may affect local controls.

Background: Vermillion Rise references a multi‑thousand‑acre reuse area tied to the former chemical depot. The DNR response in the meeting said there is no acquisition timeline beyond ‘‘during 2026.’’ Commission members said a 2009 letter of intent and subsequent county actions are part of the record.

Next steps: commissioners asked staff to retain the DNR response in the commission file and to consider formally inviting Rep. Tim Yoakam or a DNR representative to answer follow‑up questions at a future meeting.

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