Mayor Mueller vetoes Bill No. 26-21 on trail proposal

SOUTH BEND, Ind. – Mayor Mueller vetoes Bill No. 26-21 to pause development of the Midwest Continental Divide Trail. 

This comes after the South Bend Common Council passed a resolution 7-1 Monday, July 27, urging a pause on the proposed Midwest Continental Divide Trail.

The resolution, introduced by Councilman Dr. Oliver Davis, calls for halting the project while emphasizing additional public input and fiscal responsibility before any future planning efforts continue.

The proposed trail has drawn criticism from residents since legislation establishing a planning framework advanced through the Indiana General Assembly earlier this year.

Although the project ultimately failed to move forward before the St. Joseph County Council, some residents remain concerned it could be revived.

During the July 27 meeting, opponents presented concerns about the proposed commission that would have overseen planning for the ecotourism destination, arguing it would have been granted excessive authority.

Statement from Mayor James Mueller: 

"The Common Council drafted and sent a bill to my desk that is impossible to sign. I will never sign any document that I know contains false claims. Bill 26-21 is riddled with false and misleading claims. I hope Councilmembers do more due diligence before doubling down on this substandard legislation that damages the credibility of the City's legislative process and accomplishes nothing, even if passed.”

The mayor's office released examples of what Mueller calls the "false and misleading claims":

• New legislative remedies are not necessary to protect local autonomy. Under current law, the Commission would not have any authority to circumvent or supersede local autonomy or Common Council’s zoning or land use authority. All potential zoning, annexation or eminent domain action would have to be approved by the Common Council, within City limits.
• The Commission has no eminent domain authority. The Common Council must hold a public hearing and vote of approval for an eminent domain action within City limits.
• According to the state law, the City's mayoral appointment does not require approval by the Common Council. The formation of the Commission, trail boundaries, and any zoning changes within City limits, however, require Common Council approval.
• The Commission is required to follow all Open-Door and Access to Public Records transparency laws, including holding public hearings, public records accessibility, and regular reports to the Common Council.
• Repeal and replace of the Senate Bill 468 (2025) is not required to make legislative changes. Senate Bill 228 (2026) already amended the law, clarifying an ambiguity to reiterate and reinforce local control of zoning.

South Bend Common Council President Canneth Lee issued the following statement in response to Mayor James Mueller's veto of the bill: 

“Mayor Mueller’s veto focuses on legal technicalities, but it does not address the reason the Common Council passed Bill No. 26-21. This legislation was never about expanding the Council’s authority. It was about ensuring that property owners along the proposed route are properly notified before decisions are made and that the Common Council has a defined role early in the process—not after key decisions have already been made. The Common Council has never disputed its existing authority over zoning, annexation, or eminent domain. Our concern has always been transparency, public notification, and meaningful public involvement. While the procedural concerns raised in the veto deserve consideration, they do not change the underlying issue: residents deserve timely information about projects that may affect their property, and their elected representatives should have a voice before major decisions are made. The Common Council remains committed to working with the Mayor’s Office, state officials, and community stakeholders to ensure that future decisions are transparent, collaborative, and respectful of the residents we all serve.”

The South Bend Common Council is expected to take up the veto during Monday, August 10 meeting.