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
]]>According to notices received by our office from INDOT:
“The Indiana Department of Transportation (INDOT) will hold a public hearing on Thursday, April 15, 2010 beginning at 5:00pm with an informal Open House Session, followed by the formal public hearing beginning at 6:00pm. The public hearing will be held in the auditorium at Terre Haute South Vigo High School, located at 3737 South 7th Street in Terre Haute. The project includes the construction of a new four-lane, full access control roadway connecting US 41 southeast of Terre Haute to I-70 east of the city. The new roadway will begin at a new interchange on US 41 near Bono Road and will proceed north east from US 41 towards I-70. The project is approximately 6.2 miles in length and separated into the following four segments: PHASE I from US 41 to Woodsmall Road; PHASE II from Woodsmall Road to northeast of Feree Road; PHASE III from northeast of Feree Road to east of Riley Road; and PHASE IV from east of Riley Road to I-70 interchange. Construction of this proposed project may require approximately 190 acres of right-of-way with approximatley 19 displacements. Construction is anticipated to begin 2011/2012 and would continue over the course of two construction years. ”
Attorneys from Sever Storey will be present to ask questions on behalf of its various clients. If you are in attendance and wish to ask questions to a landowner’s attorney please feel free to introduce yourself.
I will follow up with notes from the meeting in tomorrow’s blog.
Phil Sever
]]>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
]]>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.
]]>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
]]>Indiana case law holds that, when the government takes an individual’s property through its power of eminent domain, it also has taken control of the materials present on the land. As a result, courts have held that the existence of such materials in an individual’s land may potentially be taken into consideration in determining the value of that land. The presence of such valuable assets, such as mineral deposits, may make a drastic difference in the amount the government is required to compensate a landowner for his or her property.
In the past, the government has consistently taken advantage of people by not compensating them properly for such valuable materials. For example, when the cities of Dallas and Fort Worth acquired land for the Dallas-Fort Worth Airport through eminent domain in the 1960s and 1970s, it has been reported that few landowners even included mineral rights in their just compensation calculations. According to Fort Worth’s land manager at the time, “nine out of 10 people wouldn’t even know what you were talking about with mineral rights.” Now, these same mineral rights are worth millions of dollars. For instance, the Chesapeake Energy Corporation paid $185 million, with a promise to pay 25% of all future gas royalties. It is important to note that the original property owners received no money from the Corporation.
In order to avoid such an egregious result, it is strongly recommended that a landowner contact an attorney, especially one well-versed in eminent domain law and mineral rights.
By Liz Currid, Sever Storey Associate Attorney
If you have any questions about this article, mineral rights, eminent domain or condemnation please feel free to contact one of the attorneys at Sever Storey for a free consultation at 1-888-318-3761 or on the web at www.severstorey.com.
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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.
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