Interstate 69 in Indiana - Controversy

Controversy

The routing for SIU 3 of I-69 in Indiana has been particularly controversial. The planned extension to Evansville has pitted cities, towns, and counties against one another. The greatest support for an extended I-69 is in Indiana's far southwestern counties and Evansville, while the greatest opposition is between Indianapolis and a vocal minority based in Bloomington. Some in Bloomington and Martinsville oppose upgrading SR 37 to I-69, while still several others welcome this improvement. This has led to Southwestern Indiana communities accusing highway opponents further north of trying to isolate this region from the rest of the state by blocking construction of a direct highway link to Indianapolis. To the west, communities along US 41 favor the selected alignment in lieu of the only other feasible routing: I-70 to Terre Haute, then US 41 south to Evansville. Regardless of the I-69 routing, an Interstate-quality bypass is slated to be built east of Terre Haute, which preferred the I-70/US 41 routing over the selected routing of I-69 for purely local economic reasons.

INDOT, current and past governors, and businesses and elected officials in Evansville and adjacent southwest Indiana communities, have favored a direct route via Bloomington that would be built over new terrain from Bloomington to Evansville. Supporters argued that this direct route reduces the travel time to Indianapolis as well as improves access to Bloomington for residents of southwestern Indiana, something a route via Terre Haute would not achieve. INDOT officials have also pointed out that SR 37 will eventually be upgraded from a four-lane expressway to full freeway status, with or without I-69. After extensive review of the alternative routes as well as detailed environmental studies, the state selected the new terrain route via Bloomington.

Environmentalists claimed the construction of I-69 will lead to the destruction of 1,500 acres (6.1 km2) of forest and more than 300 acres (1.2 km2) of wetlands. The route selected as of 2010 passes through the Patoka River National Wildlife Refuge but on a corridor that the federal government purposely did not acquire for the refuge. This was because of an agreement with the state not to dispute the passage of a highway on this corridor. Environmental groups then filed suit in federal court on October 2, 2006, to block further study and construction of the route, but this lawsuit was dismissed by U.S. District Judge David F. Hamilton on December 12, 2007, clearing the way for construction to begin in 2008. Opponents had considered appealing Judge Hamilton's ruling to the U.S. Court of Appeals for the Seventh Circuit (which could have possibly sent the case to the Supreme Court of the United States), but they ultimately abandoned further legal challenges to the proposed route. Instead, opponents tried to block construction through the legislative process, when Democrats in the Indiana House of Representatives stripped funding for the I-69 extension in their version of the 2008 two-year state budget. Money for I-69 was restored after budget negotiations with the Republican-controlled Indiana Senate.

Another area of controversy arose in late 2005 when governor Mitch Daniels proposed levying tolls on the highway to finance its construction, either as a state project or a public-private partnership, in order to accelerate the project. As the route would overlay the existing SR 37 between Bloomington and Indianapolis, and there is no other free alternative route between Bloomington and Martinsville, this proposal has raised concerns among local residents and businesses. In March 2006, Daniels signed a bill known as "Major Moves" that leased the Indiana East–West Toll Road, but also included a compromise on constructing I-69 in southwest Indiana. As part of the deal, the legislation permitted the Governor to enter a similar public-private partnership for construction of 117 miles (188 km) of I-69 as the Southern Indiana Toll Road from Martinsville to the I-64/I-164 interchange, while the remaining 25 miles (40 km) from Martinsville to the I-465/SR 37 interchange in Indianapolis would remain toll-free. On June 20, 2006, the Indiana Supreme Court rejected a legal challenge brought on by I-69 opponents, upholding Major Moves legislation in a 4–0 decision. The toll road option was highly unpopular, even among many who supported the extension via Bloomington. As a result Governor Daniels announced in December 2006 that I-69 through southwest Indiana would be toll-free.