10 Feb 10
FAQ’s from the I-69 Seminar
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
