On December 7th, 2009 the Town of Walkerton passed a resolution to acquire property for the West York redevelopment project. The West York Redevelopment project is designed to provide affordable housing for low income families and individuals.

As part of this resolution, the Town of Walkerton stated

“The area known currently as the West York neighborhood (see attached Map, attachment
1) be designated as the subject area for the Town’s acquisition activity. This subject area surrounds the Ohio Street from 800 to 1426 and is bounded on the east by Washington Street, the south by Illinois Street, the north by Park Dr. and the west by the abandoned railroad.
2. The properties within the subject area be purchased by the Town to be held until donated to the West York Redevelopment project. Purchases will be made after properties are appraised and owners notified and will be purchased in compliance with the Uniform Relocation Act and the regulations applicable to acquisition of property by a governmental agency.”

So in essence the Town is to acquire the property and then give that land to a private development corporation.  But is that really happening?

In conversations with officials from the Town of Walkerton approximately one half of the properties have been acquired to date.  This number was quickly refuted by representatives from the private developer.

Wait?  Private developer?  What does the private developer have to do with the acquisition of property?

Well maybe a lot.  Some hints have been dropped that the private developer may be making acquisition of land.  If so, do they have the constitutional authority to utilize the state power of eminent domain and are they following the statutory required guidelines for the acquisition of property by a private developer?

We are currently investigating this issue carefully.  Come back soon for updates.

Phil Sever

UPDATE:  In further discussions with the Town of Walkerton they have indicated that they are the entity solely responsible for making acquisitions.  The question remains, does the Town of Walkerton have to provide additional compensation under Indiana Statutes because the properties will eventually be transferred to a private developer.

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags attorneys, condemnation, eminent domain, Indiana, lawyers, Sever Storey, walkerton, west york project

A new bill has been proposed in the General Assembly to grant pipeline companies that carry carbon dioxide the right to take private land by eminent domain.

According to sources, the proposed language for this bill would declare that carbon dioxide pipelines provide a public use and service that is in the best interests of the State of Indiana.

It is presumed that this bill is being proposed to benefit a private corporation called Indiana Gasification. Last march Governor Daniels signed laws which would assist Indiana Gasification in dealing with utilities. The newest bill is seen by some as another attempt to provide assistance to this start up business.

Of real concern to our firm is the continual erosion of the barriers for the use of the state’s eminent domain powers. In the proposal before the Indiana Assembly the powers of eminent domain would be given private enterprises so that they can make substantial profits. What is the public interest in having carbon dioxide pipelines? Is this public interest greater than the constitutional rights of Indiana Citizens to full ownership and enjoyment of their land?

Eminent domain is a significant governmental power that allows the taking of private land from citizens. In this commentators opinion the uses of eminent domain should be restricted to real public uses instead of benefiting large mulit million dollar corporations.

Justice O’Connor put it well in her dissent in the infamous Kehlo case where she articulated arguments against allowing private enterprises to utilize the government power of eminent domain,

“Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended that perverse result. ‘That alone is a just government’ wrote James Madison ‘which impartially secures to every man, whatever is his own’ For the National Gazette, Property (Mar. 27, 1792) reprinted in 14 papers of James Madison 266 (R. Rutland et al. eds. 1983), 545 U.S. at 505, 125 S. Ct. at 2677, 162 L.Ed. 2d.

UPDATE:  2/1/2010

Thursday, the Senate passed on a 36-12 vote legislation that will help the proposed coal-gasification plant in Rockport, Ind. will allows the proposed pipeline to use the powers of eminent domain.

.“I don’t really like eminent domain, but in this case, we’re dealing with a lot of jobs. We’re dealing with the survival of the coal industry in Southwestern Indiana,” Gard said.

Sen. Mike Delph, R-Carmel, called the bill a violation of property rights.

“Why aren’t they going to the property owners and trying to work out a deal one by one? They haven’t even tried yet, and they’re coming to government and asking for a bill for eminent domain. That’s not right,” he said.

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags attorneys, condemnation, eminent domain, Indiana, pipeline, Sever Storey

Residents with property affected by the installation of the I-69 highway between Marion County and Posey County can expect a knock on their door any day now from State representatives trying to acquire their land. According to public documents over 526 parcels of land need to be acquired to install the highway. Before agreeing to any settlement with the State of Indiana make sure that you have the offer reviewed by an experienced eminent domain attorney.

With so much land being taken by the State of Indiana for this project it is probably a good idea to review our landowner Do’s and Don’ts.

DO

• Ask for copies of the appraisals the government performs on your land.
• Keep all handouts or materials given to you by the government or the right-of-way agent.
• Keep any materials given to you by anyone from the government who talks to you about the possible relocation of your home, business, farm, or buildings on your property. Also keep any estimates the government may give you concerning moving expenses and replacement housing.
• Continue to maintain your property in a normal manner

DO NOT

• Do not discuss any issue pertaining to the value of your property with anyone without first consulting a lawyer.
• Do not attempt to value your property without professional advice.
• Do not provide the government with a copy of any private appraisals performed on your land
• Do not tell the right-of-way agent your personal opinion, or that of any expert you may know, concerning the value of your land or other property.

If you have any questions about this project or any other eminent domain or condemnation issue please feel free to contact us at 888-318-3761 or on the web at www.severstorey.com.

Phil Sever

Author Phil Sever
Posted in Eminent Domain & Condemnation
Tags condemnation, eminent domain, I-69, Indiana, Indiana Department of Transportation, Sever Storey