Acquisition on the I 69 road project is moving fast.  Recently, the Governor, Mitch Daniels instructed INDOT to “fast-track the project to take advantage of the cheaper prices.”

Original completion of the first three sections of the interstate, from Evansville to Crane Division, Naval Surface Warfare Center, was scheduled for 2015; however, low construction bids, driven by the suffering economy, have cut projected costs by 25%, allowing Daniels to up the projected completion date to 2012 for the first three sections of I-69.  The fourth section of I-69, from Crane to Bloomington, is projected to be completed by 2014, almost six years ahead of schedule.

Daniels is being criticized by some for his fast-track, “take advantage of these terrific below-estimate prices” philosophy.

It is now more important than ever to be ready for the condemnation process.  If you should have any questions about the acquisition of your land for the I 69 road project please feel free to give our office a call for a free consultation.

http://www.indystar.com/apps/pbcs.dll/article?AID=20105200402

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags attorney, condemnation, condemnation attorney, eminent domain, I-69, I69, law firm, right of way acquisition, road project

Sources indicate that many landowners are starting to receive offers in section 2 of the I 69 project.  This includes landowners in the Washington and Oakland City areas.  We represent numerous land owners on the I 69 project and are currently conducting site visits, taking photographs, developing compensation theories and arranging  our appraisal team for our clients.  After spending some time working on these issues we have identified several issue that each landowner should be aware of before accepting or rejecting the State’s offer.

1) Get in the “know zone.”  To often landowners will settle their case without “knowing” the true value.  Many landowners think that know how much they should receive in compensation but in almost every case they are wrong.  As we tell our clients, the typical landowner doesn’t know enough about how they should be compensated to make an intelligent decision.  This failure to get into the “know zone” can sometimes be disastrous.    Imagine not “knowing” and settling your case for hundreds of thousands if not millions of dollars less than what you were entitled to.

So how do landowner’s get into the “know zone.”  Affected landowners that have offers can contact our office at any time.  We will quickly arrange a meeting and provide our initial opinion as to the State’s offer free of charge.  With our years of experience handling eminent domain cases we can quickly and efficiently evaluate the State’s offer.  If the State’s offer appears to be low we will then recommend that you engage our firm to provide you with the right compensation figure.  Remember this is your only opportunity to be compensated for this taking.  When dealing with such significant impacts to your land and future it only makes sense to get into the “know” zone.

2) Don’t get in a rush.  For most landowners the taking represents a significant impact to their land.  Compensation could run from the hundred of thousands to millions of dollars.  When involved in any complicated condemnation process TAKE YOUR TIME and get into the KNOW ZONE!  The State wants to speed up your decision making process so that you don’t make good decisions and don’t take the time to properly evaluate your case.  A hasty decision by a landowner in this situation is almost always the wrong decision.  If they threaten condemnation LET THEM!  You can still settle your case at any time during the condemnation proceedings.  In fact there are procedural safeguards that are involved in the condemnation process that you may want to utilize to get the compensation you deserve.  For more information on this see our video on the condemnation process.

If you would like more information about condemnation and the I 69 project specifically feel free to contact our office at any time at 1-888-318-3761 or visit us on the web at www.severstorey.com.

Phil Sever

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags compensation, condemantion lawyer, condemnation, condemnation attorney, eminent domain, eminent domain attorney, eminent domain lawyer, I 69 attorney, I 69 lawyer, I-69, I69, INDOT, law firm, lawyers, oakland city indiana, offer, phil sever, road project, Sever Storey, tonny storey, uniform aquisition offer, washington indiana

In conversations with individuals that are affected by the I 69 road project numerous questions have arisen about mineral rights and how the State of Indiana is going to approach them. Our firm went on to research some of the mineral right issues in the local area.

According to local sources, the most predominate mineral in the local area is coal. Peabody owns most (if not all) of the rights to the coal in the local area. Peabody is the largest coal company in the country and owns the Frisco/Black Beauty mine near Oakland City.

Some individuals affected by the I 69 project have transferred their coal rights to Peabody directly. In these instances, Peabody usually takes a 10 year ownership right with a royalty share that is allocated to the landowner. The royalty is typically based off of the price of the coal extracted from the landowners property.

If a landowner has a royalty lease with Peabody there are two important questions that must be answered as part of the taking for the I 69 project. First, how will the taking affect my royalty income. Second, how will the taking affect access to coal deposits on my land. If either income or access is affected then landowners must seek compensation for their losses.

Our firm is in direct communication with Peabody and the State of Indiana regarding these issues on behalf of our clients. In addition, we are already mobilizing resources that will allow us to properly value coal rights of affected owners. We will continue to provide updates as more information becomes available.

If you have questions about how your mineral rights will be affected by the I69 project please call us for a free consultation at 888-318-3761 or visit us on the web at www.severstorey.com.

Phil

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags attorney, black beauty mine, coal, condemnation, eminent domain, I-69, I69, law firm, lawyers, major moves, mineral rights, oakland city attorney, peabody, sever, Sever Storey, storey, washington attorney

The attorneys at Sever Storey will be back on the road in front of landowners who are facing condemnation.

The first stop will be in Walkerton, Indiana on February 25th at 7:00 p.m. at Club 23 Pizza, 407 Indiana Street, Walkerton IN. At this meeting we will be discussing condemnation and how it interacts with the West York Project.

Our second stop will be in Washington Indiana on March 2nd at 6:00 p.m. at the Washington Carnegie Library, 300 West Main Street, Washington, IN 47501. At this meeting we will be discussing the impacts of the I-69 road project and how it will affect residual values and mineral rights.

These meetings present an excellent introduction to the eminent domain and condemnation process. For more information contact Sever Storey at 888-318-3761 or on the web at www.severstorey.com.

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags attorney, condemnation, eminent domain, I-69, I69, law firm, lawyers, seminar, Sever Storey, west york

The partners at Sever Storey recently held meetings for individuals that are having their land taken as part of the I-69 road construction project. Here are some of the most frequently asked questions and their answers.

1) Can the State take my land? Yes, the State has been granted the power of eminent domain by the constitution. Stopping the taking is next to impossible.

2) Do I have to take the State’s offer? No, you do not have to take the State’s offer. You have the constitutional right to present your own evidence at trial as to how much you should be compensated.

3) Can the State Land Lock part of my parcel? Yes

4) If they landlock my parcel do they have to provide access? No, the State is not required to provide access to a landlocked parcel. They are only required to pay “just compensation.” Note: just compensation will be a very important issue if the parcel is landlocked.

5) What about my mineral rights? Your mineral rights are very important. If the take damages your mineral rights you must be compensated for them. Note: mineral rights could be worth more than the actual land taking itself.

6) What about drainage? They are turning my land into a flood plain. Typically, the State will not re mediate flood issues. It again comes down to an issue of compensation and how the land is damaged.

If you have any questions about the I-69 taking , condemnation or eminent domain please feel free to call us for a free consultation or visit us on the web at www.severstorey.com

Phil Sever

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags attorney, condemnation, eminent domain, I-69, I69, just compensation, law firm, lawyers, Sever Storey