Indiana Code Title 14. Natural and Cultural Resources § 14-26-3-6

Sec. 6. In the interest of public health and convenience, the department is a party in interest in the matters set out in this chapter.  Nonbenefit or the nonownership of land affected by a cause may not be pleaded in any court acting under Indiana law as a bar to the right of the department to appear, commence, prosecute, or defend in the cause.